Resolution No. 4384RESOLUTION NO. 4384
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 TO ALLOW AN ACCESSORY STRUCTURE TO ENCROACH SEVEN FEET
(7') INTO THE REQUIRED TEN -FOOT (10') REAR YARD SETBACK AREA
VARIANCE NO. 94 -5
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 to allow an accessory structure to encroach seven feet (7') into
the required ten -foot required rear yard setback area located at 8772 Grindlay Street 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 the City Council hereby finds that:
(a) The strict or literal interpretation and enforcement of the minimum ten -foot
(10') rear yard setback requirement would result in practical difficulty or unnecessary hardship
inconsistent with the objectives of the residential zones in that the applicants have already
constructed the subject accessory structure in compliance with the side yard setbacks, the
minimum rear yard open area, and the use adjacent to the rear of the subject property (the City
maintenance yard) is not a residential use, thus the relocation or demolition of the structure
would be difficult and expensive and would prohibit the applicants from enjoying privileges
enjoyed by others in the same zone.
(b) The granting of this 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 in that similar variance requests for reduced rear yard setbacks have
been granted in the past within the same zone.
(c) 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 in that
the subject accessory structure complies with the requirements for minimum side yard setbacks
and rear yard open area adjacent to residential properties, the exterior design and materials are
consistent with the house structure onsite, the variance is conditioned that the accessory structure
be inspected and found to meet all applicable building and safety code requirements prior to
issuance of building permits and occupancy of the structure.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Variance No. 94 -5, subject to the conditions set forth in Exhibit
"A" attached.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 26th day of September , 1994.
MAYOR OF THE CITY OF CYPRESS
1
ATTEST.
CITY CLERK F HE ITY OF CYPRESS
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, 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
26th day of September , 1994, by the following roll call vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCIL MEMBERS: Age, Bowman, Kerry, Nicholson,
and Partin
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
2
CITY CLE OF THE CITY OF CYPRESS
EXHIBIT "A"
VARIANCE NO. 94 -5
CONDITIONS OF APPROVAL
PLANNING CONDITIONS
1. The applicant /developer shall comply with all provisions of the Code of the City of
Cypress.
2. All applicable conditions of Variance No. 94 -5 shall be complied with prior to the
issuance of building permits for the subject accessory structure.
3. 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 se q. - 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.
4. Within forty -eight (48) hours of the approval of this project, the applicant /developer shall
deliver to the Planning Department a check payable to the County Clerk in the amount
of Twenty -Five Dollars ($25.00) County administrative fee, to enable the City to file the
Notice of Exemption in accordance with Fish and Game Code Section 753.5, required
under Public Resources Code Section 21152 and Title 14 of the California Code of
Regulations. If, within such forty -eight (48) hour period, the applicant /developer has not
delivered to the Planning Department the check required above, the approval for the
project granted herein shall be void.
BUILDING CONDITIONS
5. Applicant/developer shall comply with applicable provisions of the 1991 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California
Code of Regulations, and Title 24.
6. An automatic fire sprinkler system, approved by the Fire Marshal, may be required for
the detached accessory structure.
• Community Development Department • Planning Division •
12
Exhibit "A"
Variance No. 94 -5
Conditions of Approval
Page 2
7. Applicant/developer shall comply with all disclosure requirements of the Orange County
Fire Department for hazardous materials use and/or storage and the South Coast Air
Quality Management District for exhaustion of air contaminants.
8. Type 5 cement shall be used for all foundations and slabs on grade.
9. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
10. Applicant /developer shall use fire retardant wood shingles for the roof, if applicable.
11. A soil investigation report shall be submitted with the plans for plan check. Report shall
include soil bearing capacity, seismic study, grading, paving, sulfate test and other
pertinent information under good engineering practice.
FIRE CONDITIONS
12. Prior to the issuance of any building permits, an Orange County Fire Department Water
Availability Form shall be submitted to and approved by the Engineering Section of the
Orange County Fire Department. If sufficient water to meet fire flow requirements is not
available, an automatic fire extinguishing system shall be installed in each structure.
13. Prior to the issuance of any building permits, the applicant shall submit a detailed letter
of intended use for the detached accessory structure.
Effective 9 /26/94
• Community Development Department • Planning Division •