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Resolution No. 4493 RESOLUTION NO. 4493 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 95-24 - WITH CONDITIONS. THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS: 1. That an application was filed for a Design Review Committee permit in accordance with the provisions of Section 18.2 of the Zoning Ordinance of the City of Cypress to allow six (6) new house plans within the Sorrento Specific Plan area located on the property south of Orange Avenue, west of Moody Street, north of Ball Road, and east of Denni Street within the PC-25A Planned Community Zone. 2. That in accordance with Section 18.3 of the Cypress Zoning Ordinance, the Design Review Committee reviewed and approved this project on June 1, 1995. 3. That in accordance with Section 18.4 of the Cypress Zoning Ordinance, the decision of the Design Review Committee on this project was reported to the City Council on June 12, 1995, during a public meeting of the City Council. 4. That in accordance with Section 18.4 of the Cypress Zoning Ordinance, the effective date of the Design Review Committee's decision to approve this project shall be the date of acceptance by the City Council and upon receipt by the Planning Department of a signed agreement to any conditions of approval by the applicant. 5. That the City Council hereby finds that: a. The proposed location of the project is in accord with the objectives of the Zoning Ordinance and the purpose of the zone in which the site is located is: Intended to provide for the classification and development of parcels of land as coordinated, comprehensive projects so as to take advantage of the superior environment which can result from large-scale community planning. b. The proposed location of the project and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare or be materially injurious to properties or improvements in the vicinity in that: (1) The design of the subject six (6) house plans are compatible and consistent with the other seven (7) house plans previously approved for the Sorrento planned development, located within the PC-25A Planned Community Zone. (2) The design of the subject house plans is compatible with surrounding properties, located within similar residential zones in the vicinity. c. The subject six (6) house plans will comply with each of the applicable provisions of the Zoning Ordinance and the applicable Sorrento Specific Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Design Review Committee Permit No. 95-24, 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 12th day of June , 1995. / • . s i AYOR OF THE CITY OF C 0" SS - 1 - 4 49 - 39 9 ATTEST: 1 CITY69 E OF HE CIT 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 12th day of June , 1995, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, Jones, Kerry and Age NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 4 CITY CLE THE [TY OF CYPRESS - 2 - 400 EXHIBIT "A" DESIGN REVIEW COMMITTEE PERMIT NO. 95-24 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 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. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued. 5. All applicable conditions of Design Review Committee Permit No. 89-1 shall also apply to Design Review Committee Permit No. 95-24. PLANNING CONDITIONS 6. All minimum building setbacks and maximum lot coverage set forth in the Sorrento Specific Plan shall be adhered to. 7. No floor plan and elevation shall be located adjacent to the same floor plan and elevation. Community Development Department Planning Division "r, 411.11.1116 Exhibit "A" Page 2 4 O Design Review Committee No. 95-24 Conditions of Approval 8. No more than two of the same floor plan only shall be located adjacent to each other. 9. No color scheme shall be located adjacent to the same color scheme. BUILDING CONDITIONS 10. Applicant/developer shall comply with applicable provisions of the 1991 Uniform Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California Code of Regulations, Title 24, and the Code of the City of Cypress. 11. 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. 12. Type 5 cement shall be used for all foundations and slabs on grade. 13. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil. moisture barrier. 14. Applicant/developer shall use fire retardant wood shingles for the roof, if applicable. 15. 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. Effective 06/12/95 Community Development Department Planning Division