Resolution No. 4638459
RESOLUTION NO. 4638
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 9.2.B.6 TO ALLOW A REDUCTION IN THE SOUTH SIDE YARD
SETBACK AND FINDING THAT THE ENCROACHMENT INTO THE NORTH SIDE
SETBACK COMPLIES WITH SECTION 9.5.E.1
VARIANCE NO. 96 -4
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 9.2.b.6 to allow a reduction in the required sideyard
setback along the north property line from the required ten feet (10') to seven feet two inches
(7' -2 ") and along the south property line from the required ten feet (10') to five feet (5'), on the
property located at 8722 Acacia Drive within the RS -15000 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 approves the reduction in the south property line setback from
ten feet (10') to five feet (5') and 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 southern property line of the site is adjacent to a flood control
channel.
(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 other properties in the same zone have been
constructed five feet (5') from the side property line.
(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 other residences have been constructed five
feet (5') from the side property line.
(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 reduced sideyard setback is adjacent to a flood control channel and
not another single family residence.
4. The City Council hereby finds that the request for the projection into the north
sideyard setback complies with the intent of Section 9.5.E.1 of the Zoning Ordinance of the City
of Cypress and shall be allowed.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve in part Variance No. 96 -4 for the reduction in the south
property line sideyard setback from ten feet (10') to five feet (5) and finds that the projection
into the north side setback complies with the intent of Section 9.5.E.1 of the Zoning Ordinance
of the City of Cypress.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 28th day of May 1996.
MAYOR OF THE CITY OF CYPRESS
460
ATTEST:
oh .
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 28th day of May , 1996, by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Jones, Kerry and Bowman
NOES: 2 COUNCIL MEMBERS: Age and Carroll
ABSENT: 0 COUNCIL MEMBERS: None
CITY C ERK OF THE CITY OF CYPRESS
461
EXHIBIT "A"
VARIANCE NO. 96 -4
8722 Acacia Street
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
*Denotes non - standard condition that is specific to this project.
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 developers 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. The applicant shall comply with all original conditions of Conditional Use Permit No. 94 -13.
5. All applicable conditions of Variance No. 96 -4 shall be complied with prior to occupancy of the
subject building.
6. 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 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) 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.
Effective 5/28/96
• Community Development Department • Planning Division •