Resolution No. 5848183
RESOLUTION NO. 5848
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING A
VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF
CYPRESS, SECTION 3.14.050.C.7 TO ALLOW LESS THAN THREE FEET (3') WIDE
LANDSCAPE BUFFERS ALONG A DRIVEWAY - WITH CONDITIONS.
VARIANCE NO. 2005-03
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed for a variance from the terms of the Zoning Ordinance
of the City of Cypress, Section 3.14.050.C.7, to allow landscape buffers less than three feet (3')
wide along a driveway located at 8602 Walker Street within the RM -15 Residential Multiple -
Family Zone.
2. That the City Council, after proper notice thereof, duly held a public hearing on said
application as provided by law.
3. That in accordance with Section 4.19.080 of the Zoning Ordinance of the City of
Cypress, the City Council hereby finds that:
(a) That strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical hardship inconsistent
with the objectives of this chapter because, because compliance with the current driveway
buffer standard would result in substandard driveway widths with insufficient back -up and
turning area for vehicles accessing the proposed garages; and
(b) That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved which do not apply generally to other properties in the
same zone because, because the subject property has a substandard lot width of fifty feet
(50') rather than the standard 100 -foot lot width required for new subdivisions in the RM -15
Residential Multiple - Family Zone. Also, the existing driveway width is constrained to
approximately fifteen feet (15') between the existing house and the south property line; and
(c) That strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the owners of other
properties in the same zone because, several other similar duplexes exist without driveway
landscape buffers in the same neighborhood and zone. Additionally, the subject
neighborhood was originally constructed during the late 1940's with single - family homes
including narrow (9 -foot wide) driveways leading to single -car garages or carports. Further,
prior to the 1981 annexation of this area by the City of Cypress, the County of Orange did
not require driveway landscape buffers when two -car garages and/or duplexes were
constructed; and
(d) That the granting of the Variance as conditioned, will not constitute the
granting of a special privilege inconsistent with the limitations on other properties in the
vicinity classified in the same zone because, several other driveways without landscape
buffers exist on similar lots, with substandard widths, located in the same neighborhood
within the same RM -15 Residential Multiple - Family Zone; and
(e) That the granting of the Variance will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in the vicinity,
because the proposed project meets all other applicable development standards, including
minimum driveway width and garage back -up /turning area width. Additionally, the
proposed duplex development provides the required number of parking spaces onsite and,
therefore, would not result in any adverse impacts to surrounding properties. Further, as
conditioned, the proposed building shall be subject to all applicable Health and Safety Code,
Building Code, Fire Safety Code, and City Code requirements.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Variance No. 2005 -03, subject to the conditions attached hereto as
Exhibit "A ".
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting
held on the 23rd day of May, 2005.
o74_,VJ,t,
MAYOR OF THE CITY OF CYPRESS
ATTEST:
6),
Y CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
I, JILL R. GUERTIN, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the
foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 23`d
day of May, 2005, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: McCoy, Seymore, Sondhi and McGill
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Luebben
C
Y CLERK OF THE CITY OF CYPRESS
184
185
EXHIBIT "A"
Variance No. 2005 -03
8602 Walker Street
CONDITIONS OF APPROVAL
Note: Bolded conditions represent those specific to this project.
(Standard conditions have non - bolded text.)
GENERAL CONDITIONS
1. Unless and until the project applicant and property owner sign and return a City - provided
affidavit accepting these conditions of approval, there shall be no entitlement of the
application. The project applicant and property owner shall have fifteen (15) calendar days
to return the signed affidavit to the Community Development Department. Failure to do so
will render City Council action on the application void.
2. The developer shall defend, indemnify, and hold harmless, the City and any agency thereof,
or any of its agents, officers, and employees from any and all claims, actions, or proceedings
against the City or any agency thereof, or any of its agents, officers or employees, to attack,
set aside, void or annul, an approval of the City, or any agency thereof, advisory agency,
appeal board, or legislative body, including actions approved by the voters of the City,
concerning the project, which action is brought within the time period provided in
Government Code Section 66499.37 and Public Resources Code, Division 13, CH. 4 (§
21000 et semc . - including but not by way of limitation § 21152 and 21167). City shall
promptly notify the developer of any claim, action, or proceeding brought within this time
period. City shall further cooperate fully in the defense of the action and should the City fail
to either promptly notify or cooperate fully, developer shall not thereafter be responsible to
defend, indemnify, or hold harmless the City.
3. The applicant/developer shall comply with all provisions of the Code of the City of Cypress.
4. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to
a Certificate of Occupancy being issued.
5. Within forty -eight (48) hours of the approval of this project, the applicant/developer shall
deliver to the Community Development Department a check payable to the County Clerk -
Recorder in the amount of Forty -Three Dollars ($43.00) County administrative fee, to
enable the City to file the Notice of Exemption pursuant to Fish and Game Code §711.4 and
California Code of Regulations, Title 14, section 753.5. If, within such forty -eight (48) hour
period, the applicant/developer has not delivered to the Community Development
Department the check required above, the approval for the project granted herein shall be
void.
6. Any and all correction notice(s) generated through the plan check and/or inspection
process is /are hereby incorporated by reference as conditions of approval and shall be
fully complied with by the owner, applicant and all agents thereof.
• Community Development Department • Planning Division •
186
Exhibit "A"
Variance No. 2005 -03
Conditions of Approval
ENGINEERING CONDITIONS
Page 2
7. Installation of Cable T.V. shall be subject to the City Ordinance No. 726. Prior to
construction, the developer shall contact Comcast (Phone: [888] 255 -5789) or Time Warner
AOL (Phone: [714] 903 -4000) for specifications and procedures for pre -wire of the building
and installation of the service wiring. Necessary permits shall be obtained at the City.
8. All existing public improvements at the development site which are damaged due to
construction, cracked, or otherwise below standard, shall be removed and replaced to the
satisfaction of the City Engineer.
9. All utility services shall be underground. Trenching and backfill in streets shall be per City
of Cypress Standard No. 109. Arterials shall be crossed by boring only. In City streets
lateral open cuts spaced within twenty feet (20') of each other shall be covered with a one
inch (1 ") continuous A.C. cap.
10. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Park and Recreation (Per Ordinance 769).
• Drainage Fee for Master Drainage Plan (Per Resolution 2287).
• City -wide Traffic Improvement (Per Resolution 4348 and current fee Resolution).
• Regional Traffic Improvement (Per Resolution No. 4400).
• Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD -09).
COMMUNITY DEVELOPMENT CONDITIONS
11. The proposed project shall be constructed as illustrated on the approved plans. Roofing
material, windows, exterior walls, and other architectural features of the proposed garages
and second dwelling unit shall match materials and finishes used on the existing dwelling
unit. Final elevation drawings shall be submitted to the Community Development
Department for review and approval prior to the issuance of building permits.
12. Grading and exterior building construction activities shall be limited to the hours of between
7:00 a.m. and 8:00 p.m. Monday through Friday, between 9:00 a.m. and 8:00 p.m. on
Saturday, if the City's noise standards are exceeded. Interior building construction and
tenant improvements shall be limited to the hours between 7:00 a.m. and 8:00 p.m. Monday
through Saturday, only if the City's noise standards are exceeded.. No construction activity
shall be allowed on Sundays or federal holidays. In addition, construction equipment shall
be equipped with effective muffling devices. Compliance with this measure is subject to
field inspection by City staff.
13. Prior to issuance of building permits, a deed restriction limiting the number of bedrooms in
both of the apartment dwelling units to two (2) bedrooms each shall be submitted to the
Community Development Department for review and approval. The deed restriction shall
• Community Development Department • Planning Division •
187
Exhibit "A"
Variance No. 2005 -03
Conditions of Approval
be recorded with the Orange County Clerk - Recorder.
Page 3
14. A wall protection devise shall be installed adjacent to the garage back -up area of the
driveway.
BUILDING CONDITION
15. Applicant/developer shall comply with applicable provisions of the 2001 California
Building, Plumbing, Electrical, and Mechanical Codes, the 2001 California Administrative
Code, Title 24, and the Code of the City of Cypress.
16. Type 5 cement shall be used for all foundations and slabs on grade.
17. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
POLICE CONDITIONS
18. The addresses for both dwelling units shall be visible from the street.
19. Security lighting shall be installed at the front porches on both dwellings, and at the
garage areas.
(Effective: 5 -23 -2005)
• Community Development Department • Planning Division •