Resolution No. 4609351
RESOLUTION NO. 4609
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, SECTIONS 9.2.B.8 AND 9.2.B.9 TO ALLOW A
REDUCTION IN THE REQUIRED REAR YARD SETBACK; A REDUCTION IN THE
REQUIRED REAR YARD OPEN AREA; AND AN INCREASE IN THE MAXIMUM
LOT COVERAGE
VARIANCE NO. 96 -2
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, Sections 9.2.B.8 and 9.2.B.9, to allow: a) a reduction in rear
yard setback from the required ten feet (10') to five feet (5'); b) a reduction in the rear yard
open area from the required 1,100 square feet to 874 square feet; and c) an increase in the
allowable lot coverage from forty percent (40 %) to forty -nine percent (49 %), on the property
located at 5855 Rexford Avenue within the RS -6,000 Residential Single - 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 17.3 -7. of the Zoning Ordinance of the City of
Cypress, the City Council hereby finds that:
(a) 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 is smaller than the average RS -6,000 lot.
(b) 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, many properties within the RS -6,000 Zone have
been improved with patio enclosure structures similar to the one proposed.
(c) 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, the subject property is smaller than the
average RS -6,000 lot and similar variance requests for reduced rear yard setbacks,
reduced rear yard open area, and increases in allowable lot coverage have been granted
in the past within the same zone.
(d) 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 rear setback, rear yard open area, and lot coverage is
strictly applicable to the rear yard of the subject property, which abuts a school yard.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Variance No. 96 -2.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 25th day of March , 1996.
MAYOR OF CITY OF CYPRESS
352
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
I, LILLIAN M. HAINA, 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 25th day of March , 1996, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Carrol 1 , Jones, Kerry and
Bowman
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
c
CITY CLERK OF THE CITY OF CYPRESS
EXHIBIT "A"
VARIANCE NO. 96 -2
5855 REXFORD AVENUE
CONDITIONS OF APPROVAL
* Denotes conditions specific to this project, which are not included in the City's list
of Standard Conditions of Approval.
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 (§ 2100 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.
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. All applicable conditions of Variance No. 96 -2 shall be complied with prior to occupancy
of the subject building addition.
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
in the amount of Thirty -Eight Dollars ($38.00) 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)
• Community Development Department • Planning Division •
353
354
Exhibit "A"
Variance No. 96 -2
Conditions of Approval
Page 2
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
6. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
7. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted. All new materials shall match the materials and color of the existing
structure.
*8. Should construction of the proposed patio enclosure not be initiated within six (6) months
from the City Council's approval of Variance No. 96 -2, the applicant /property owner
shall obtain a building permit for the existing patio cover structure.
8a. The patio enclosure shall not be converted to a habitable room, without the variance
being rescinded and the room meeting all RS -6000 development standards.
BUILDING CONDITIONS
9. Applicant /developer shall comply with applicable provisions of the 1994 Uniform
Building, Plumbing and Mechanical Codes, 1993 National Electrical Code, California
Code of Regulations, Title 24, and the Code of the City of Cypress.
Revised 3 -26 -96
• Community Development Department • Planning Division •