Resolution No. 5624RESOLUTION NO. 5624
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 9.5, TABLE 9.5.6 TO ALLOW A REDUCED SIDE YARD SETBACK
FOR A SINGLE -STORY ROOM ADDITION LOCATED AT 5621 VONNIE LANE.
VARIANCE NO. 2002-02
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 9.5, Table 9.5.6, Development Standards, to allow a reduction of the
required five -foot (5') side yard setback, to permit a three -foot (3') side setback on a proposed one -
story residential room addition located at 5621 Vonnie Lane 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 35.107. 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, compliance with the current side setback
standard would require the proposed room addition to cut inward two feet (2') rather than
aligning the addition with the existing three -foot (3') side setback.
(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, the subject property has a substandard lot width of 50 feet rather than
the standard 100 -foot lot width required for new subdivisions in the RM -15 Residential
Multiple - Family Zone, and the east side setback of the existing house is three feet (3') wide.
(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, other room additions located in the same Rm -15
Residential Multiple - Family Zone have been approved with variances allowing three -foot
(3') side yard setbacks similar to the proposed project. Similar Variances have been
approved for room additions at 5582 Vonnie Lane (Variance No. 89 -6), at 5641 Saint Ann
Avenue (Variance No. 932 -12) and at 5661 Vonnie Lane (Variance No. 2001 -01).
Furthermore, the Cypress Zoning Ordinance (Section 35.123.A.4) allows side yard setbacks
at a minimum of three feet (3') wide in the single - family residential zones for the purpose of
constructing a room addition consistent with the existing dwelling.
(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, other variances have previously been granted
allowing three -foot (3') side yard setbacks on similar lots with substandard widths located in
the same RM -15 Residential Multiple - Family Zone. Similar variances have been approved
for room additions at 5582 Vonnie Lane (Variance No. 89 -6) at 5641 Saint Ann Avenue
(Variance No. 93 -12) and at 5661 Vonnie Lane (Variance No. 2001 -01)
(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 construction of the subject one -story additions with a three -foot (3') side yard
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setback would not result in any adverse impacts to surrounding properties. Additionally, as
conditioned, the proposed addition 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. 2002 -02.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting
held on the 9th day of December, 2002.
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
MAYOR OF THE CITY YPRESS
I, JILL R. INGRAM- 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 9th day of December, 2002, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: McGill, Piercy, Sondhi, Keenan and McCoy
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
EXHIBIT "A"
Variance No. 2002 -02
5621 Vonnie Lane
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
GENERAL CONDITIONS
1. 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 seq. - 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.
2. The developer's contractor shall provide the City with a Certificate of Insurance on City
form evidencing a comprehensive liability insurance policy with a combined single limit of
not less than $500,000 each occurrence in connection with the work performed. Certificate
shall include the City, its Council, officers, members of boards or commissions and
employees as additional Named Insureds with respect to all claims, actions, damages,
liabilities and expenses, including attorney's fees, arising out of or in connection with the
work to be performed under the development executed by the Named Insured and City,
including any act or omission of employees, agents, subcontractors, or their employees.
Such certificate shall have a thirty (30) day cancellation notice to the City of Cypress.
3. The applicant/developer shall comply with all provisions of the Code of the City of Cypress.
4. 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 Determination 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.
COMMUNITY DEVELOPMENT CONDITIONS
5. The proposed addition shall be constructed as illustrated on the approved plans. Roofing
material, windows, exterior walls, and other architectural features of the proposed addition
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Exhibit "A"
Variance No. 2002 -02
Conditions of Approval
Page 2
shall match existing materials and finishes. Final elevation drawings shall be submitted to
the Community Development Department for review and approval prior to the issuance of
building permits. The addition shall be painted to match the existing portion of the
residence prior to final inspection.
BUILDING CONDITIONS
6. Applicant/developer shall comply with applicable provisions of the 1997 Uniform Building,
Plumbing and Mechanical Codes, 1996 National Electrical Code, California Code of
Regulations, Title 24, and the Code of the City of Cypress.
7. Type 5 cement shall be used for all foundations and slabs on grade.
8. Construction bins for non - recyclable and recyclable materials generated from any
construction site (residential) must be placed "onsite" out of the public right -of -way.
(Example: Street side of curb is public right -of -way. Not allowed.)
9. Building plans shall be stamped by a licensed engineer.
FIRE DEPARTMENT CONDITIONS
10. Prior to the issuance of building permits, the applicant shall submit information regarding
the fire hydrant location on the site plan to the Fire Chief for review and approval. The fire
hydrants must be within 300' of the subject property line.
11. Prior to the issuance of building permits, the applicant shall provide evidence of adequate
fire flow. The "Orange County Fire Authority Water Availability for Fire Protection" form
shall be signed by the applicable water district and submitted to the Fire Chief for approval.
If sufficient water to meet fire flow requirements is not available an automatic fire
extinguishing system may be required in each structure affected.
12. The proposed placement of the garage structure exceeds the fire department access
requirements of 150 feet. Therefore, either the garage shall be protected by an automatic
fire sprinkler system in a manner meeting the approval of the Fire Chief or prior issuance of
a building permit the placement of the proposed detached garage shall meet the OCFA
access requirements.
13. If a fire sprinkler system is to be installed, prior to the issuance of a building permit, the
applicant shall submit plans for any required automatic fire sprinkler system in any structure
to the Fire Chief for review and approval. Please contact the OCFA at (714) 744 -0499 for
additional information.
Effective: 12 -9 -2002
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