HomeMy WebLinkAboutResolution No. 4708206
RESOLUTION NO. 4708
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE NO. 96 -30 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 in accordance with the
provisions of Section 18.2 of the Zoning Ordinance of the City of Cypress to construct a two -
story single - family residence located at 8691 Acacia Drive in the RS- 15,000 Residential Single -
family Zone.
2. That in accordance with the provisions of Section 18.3 of the City of Cypress
Zoning Ordinance, the Design Review Committee held a meeting on October 10, 1996, at which
it approved the proposed single - family residence.
3. That the decision of the Design Review Committee on Design Review Committee
No. 96 -30 was reported to the City Council at the next regular Council meeting following the
date of the action by the Committee.
4. 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 as an area for single - family residential estates with minimum lot
sizes of fifteen thousand (15,000) square feet and maximum densities of
two and five tenths (2.5) dwelling units per acre. Only those additional
uses are permitted that are complimentary to, and can exist in harmony
with, a residential neighborhood.
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 project will be consistent with the General Plan and
the Zoning Ordinance.
(2) The proposed project does not conflict with the development
standards of the RS- 15,000 Residential Single - family Zone.
(3) The proposed project will not adversely impact the adjacent uses
in that the residence is consistent with other single - family residences which have
been approved in this zone.
c. The proposed project will comply with applicable provisions of the Zoning
Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Design Review Committee No. 96 -30, 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 28th day of October , 1996.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY C
ERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
207
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 October , 1996, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Carroll, Jones, Kerry
and Bowman
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
416'-v"-e-'--
CITY CLERK OF THE CITY OF CYPRESS
208
EXHIBIT "A"
Design Review Committee No. 96 -30
8691 Acacia Drive
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
* Denotes condition which 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, CI-I. 4 (§ 21000 et sec . - 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 No. 96 -30 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
• Community Development Department • Planning Division •
209
Exhibit "A"
Design Review Committee No. 96 -30
Conditions of Approval
Page 2
Development Department the check required above, the approval for the project granted
herein shall be void.
ENGINEERING CONDITIONS
7. The developer shall conform to all applicable provisions of the Code of the City of
Cypress.
8. 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 (1.5 %) or as approved
by the City Engineer, and concrete shall have a minimum slope gradient of two - tenths
percent. (.2 %).
9. Where an existing block wall is removed, the Developer shall provide suitable temporary
fencing for all adjacent properties during construction of the perimeter walls. A retaining
wall per City standards shall be constructed at the property line where the finish grade
difference is greater than twelve inches (12 "). A six -inch (6 ") concrete curb shall be
constructed per City standards to protect all block walls and structures exposed to
vehicular traffic. Grade separation shall not exceed two feet (2') between two adjacent
properties.
10. Installation of Cable T.V. shall be subject to the City Ordinance No. 726. Prior to
construction, the developer shall contact Copley /Colony, Inc. (Phone: [714] 826 -8680) or
Paragon Cable (Phone: [714] 898 - 3800), whichever is applicable to the area, for
specifications and procedures for prewire of the building and installation of the service
wiring. Necessary permits shall be obtained at the City.
11. The developer shall provide a mailbox for the residence, in a location acceptable to the
Public Works Director, Community Development Director, and Postmaster.
12. All existing public improvements at the development site which are damaged due to
construction, cracked, or otherwise below standard, shall be removed and replaced to the
satisfaction of the City Engineer.
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Exhibit "A"
Design Review Committee No. 96 -30
Conditions of Approval
Page 3
13. The quantity, location, width, and type of driveways shall be subject to the approval of
the City Engineer.
14. All utility services shall be underground. Trenching and backfill in streets shall be per
City of Cypress Standard No. 110. Arterials shall be crossed by boring only. In City
streets lateral open cuts spaced within twenty feet (20') of each other shall be covered
with a one inch (1 ") continuous A.C. cap.
15. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer laterals
connecting existing buildings at this property shall be plugged at the property line.
16. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Engineering Plan Check & Inspection Fee (Per Resolution 2964).
• Park and Recreation Fee (Per Ordinance 769).
• Drainage Fee for Master Drainage Plan (Per Resolution 2287).
• City -wide Traffic Improvement Fee (Per Res. 4348 and current fee Resolution).
• Regional Traffic Improvement Fee (Per Resolution No. 4400)
• Sanitary Sewer Connection Fee (Per Orange County Sanitation District, No. 3,
Resolution 308).
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• All applicable Building Department fees.
PLANNING CONDITIONS
17. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
18. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
19. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted. The final exterior color scheme shall be submitted to City staff for review and
approval prior to actually painting the structure.
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Exhibit "A"
Design Review Committee No. 96 -30
Conditions of Approval
Page 4
*20. The maximum height of the residence shall not exceed thirty five feet (35') in height.
*21. Onsite lighting for the sports court shall be arranged so that direct rays will not
shine on adjacent properties or produce glare for street traffic. Should substantiated
complaints be received regarding the sports court lighting, the applicant shall be
required to mitigate the impact by either shrouding the lights, providing screen
landscaping, or performing a similar mitigating technique deemed acceptable by the
Design Review Committee.
BUILDING CONDITIONS
22. 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.
23. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed.
24. Applicant /developer shall comply with all disclosure requirements of the Orange County
Fire Authority for hazardous materials use and /or storage and the South Coast Air Quality
Management District for exhaustion of air contaminants.
25. Type 5 cement shall be used for all foundations and slabs on grade.
26. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
27. Applicant /developer shall use fire retardant wood shingles for the roof, if applicable.
28. 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.
POLICE CONDITIONS
29. House numbers shall be clearly visible from the street (front of residence) during both
daylight and hours of darkness.
30. All exterior ground floor doors should have locking hardware designed to be locked from
the exterior, but unlocked from the interior. (For purposes of emergency exiting)
Effective 10/28/96
• Community Development Department • Planning Division •