Resolution No. 5347496
RESOLUTION NO. 5347
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE PERMIT NO. 2000 -45 - 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 35.157 of the Zoning Ordinance of the City of Cypress
to allow the construction of a detached recreational vehicle garage for a residence located at 8392
Martinique Way, within the RS -6,000 Residential Single - Family Zone.
2. That in accordance with Section 35.159 of the Cypress Zoning Ordinance, the
Design Review Committee reviewed and approved this project on January 4, 2001.
3. That in accordance with Section 35.159 of the Cypress Zoning Ordinance, the
decision of the Design Review Committee on this project was reported to the City Council on
January 22, 2001, during a public meeting of the City Council.
4. That in accordance with Section 35.161 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 Community Development Department
of an agreement to any conditions of approval signed by the applicant.
5. That the City Council hereby fords that:
a. The proposed location of the project is in accord with the objectives of the
Zoning Ordinance and the purpose and intent of the zone in which the site is located, which is:
Intended as an area for single - family residential development on minimum
lot sizes of 6,000 square feet.
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 proposed structure is compatible and consistent with the design
of the existing residence, including exterior building materials and color.
(2) The proposed detached garage is compatible with surrounding
residential properties within the RS -6,000 Zone.
c. The project, as conditioned, will comply with each of the applicable
provisions of the Cypress Zoning Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Design Review Committee Permit No. 2000 -45, 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 22`d day of January, 2001.
MAYOR OF THE CITY OF CYPRESS
41-1
ATTEST:
i'
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
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 22nd day of January, 2001, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Keenan, McCoy, Piercy, Sondhi, and McGill
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Y CLERK OF Ii ITY OF CYPRESS
44c1
EXHIBIT "A"
Design Review Committee Permit No. 2000 -45
8392 Martinique Way
CONDITIONS OF APPROVAL
*Denotes Mitigation Measures
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. 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. 2000 -45 shall be
complied with prior to occupancy of the subject building addition.
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 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-
• Community Development Department • Planning Division •
Exhibit "A"
Design Review Committee No. 2000 -45
Conditions of Approval
Page 2
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.
ENGINEERING CONDITIONS
7. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan, in ink on
Mylar, signed by a registered California civil engineer and using actual grades from an
Orange County Surveyor's Benchmark shall be submitted for approval. A topography of
the area surrounding this development shall be made to establish existing drainage flow
patterns. If the existing natural flow of any adjoining parcel is across the land of this
development, a drainage easement shall be granted and drainage facilities provided for that
property to the satisfaction of the City Engineer. All onsite drainage conveyed to the street
shall be by means of an under - sidewalk drain. Onsite landscape areas shall have a slope
gradient of one percent (1 %) minimum in landscape areas. In parking areas, AC shall have
a minimum slope gradient of one and one -half percent (1 -1/2 %) or as approved by the City
Engineer, and concrete shall have a minimum slope gradient of two- tenths percent (0.2 %).
8. Disabled access facilities shall be installed in accordance with the requirements of the
Federal Americans with Disabilities Act (ADA) and State of California Title 24.
9. All existing public improvements at the development site that are damaged due to
construction, cracked, or otherwise below standard, shall be removed and replaced to the
satisfaction of the City Engineer.
10. Martinique Way shall be fully improved with curb, gutter, sidewalk, drive approach, etc., in
accordance with the City's Code requirement of streets. Concurrent with the completion
of the new driveway and garage, the existing driveway and driveway approach shall be
removed.
11. All utility services shall be underground. Trenching and backfill in streets shall be per City
of Cypress Standard No. 109. In City streets lateral open cuts within twenty feet (20') of
each shall be covered with a one -inch (1 ") continuous A.C. cap.
12. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer laterals
connected to existing buildings on the property shall be plugged at the property line.
13. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• All applicable Building Division fees.
• Public Works plan check and inspection fees.
• Grading plan check and permit fees.
• All applicable Public Works permit fees.
• Community Development Department • Planning Division •
499
500
Exhibit "A"
Design Review Committee No. 200045
Conditions of Approval
COMMUNITY DEVELOPMENT CONDITIONS
Page 3
14. The proposed addition shall be constructed as approved by the Design Review Committee.
Roofing material, windows, exterior walls, and other architectural features of the proposed
addition 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.
15. Prior to issuance of building permits, the applicant shall provide to the Community
Development Department evidence of a deed restriction on the proposed detached
garage to prevent the conversion of the structure into a second unit.
16. Concurrent with the completion of the new driveway and garage, the existing
driveway and driveway approach shall be removed, new landscaping and curb shall be
installed, and the existing garage space shall be converted into living space. The new
curb and driveway approach shall be constructed to the specification of the Public
Works Department.
17. The new driveway shall be a minimum ten feet (10') wide and shall be unobstructed by
architectural projections such as roof eaves. A minimum two -foot (2') wide landscape
buffer shall be provided between the new driveway and all building walls and
perimeter block walls and fences.
BUILDING CONDITIONS
18. 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.
19. The proposed garage structure shall comply with Title 24 Energy Standards if it is to
be heated or cooled.
20. Type 5 cement shall be used for all foundations and slabs on grade.
21. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
Effective: 1/22/01
• Community Development Department • Planning Division •