Resolution No. 4716230
RESOLUTION NO. 4716
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE NO. 96 -32 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 Design Review approval in accordance with the
provisions of Section 18.2 of the Zoning Ordinance of the City of Cypress to construct a first
and second story addition to an existing garage and storage building located at 4891 Grace
Avenue in the RM -20 Residential Multiple- 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 31, 1996, at which
it approved the proposed first and second floor additions.
3. That the decision of the Design Review Committee on Design Review Committee
No. 96 -32 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 the development of apartments, condominiums,
townhouses or other group dwellings with provisions for adequate light,
air, open space and landscaped area at a maximum density of twenty (20)
dwelling units per acre.
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 RM -20 Residential Multiple- family Zone.
(3) The proposed project will not adversely impact the adjacent uses
in that the additions are consistent with other dwelling units 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
of Cypress does hereby approve Design Review Committee No. 96 -32,
attached hereto as Exhibit "A".
PASSED AND ADOPTED by the City Council of the City
meeting held on the 12th day of November , 1996.
1
City Council of the City
subject to the conditions
of Cypress at a regular
MAYOR OF THE CITY OF CYPRESS
ATTEST:
ov-\
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 12th day of November , 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
CITY CLERK OF THE CITY OF CYPRESS
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231
232
EXHIBIT "A"
Design Review Committee No. 96 -32
4891 Grace Avenue
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, 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 No. 96 -32 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
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Exhibit "A"
Design Review Committee No. 96 -32
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 (2)
adjacent properties.
10. Wheelchair and handicapped access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Public Works Department
standards.
11. 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.
12. The developer shall provide a mailbox for the residence, in a location acceptable to the
Public Works Director, Community Development Director, and Postmaster.
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Exhibit "A"
Design Review Committee No. 96 -32
Conditions of Approval
Page 3
13. 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.
*14. LaSalle Street and Grace Avenue shall be dedicated and fully improved with curb,
gutter, sidewalk, driveway, paving, etc., in accordance with the City's Code
requirement of Streets. LaSalle Street and Grace Avenue shall have a total half
right -of -way width of 23 feet which include an additional tree planting and public
utility easement on each side of the street. Curb returns at the intersection of Grace
Avenue and LaSalle Street shall have a radius of 25 feet. The corner cutoff shall be
dedicated to the City of Cypress for roadway purposes. This condition shall only
apply in the event the County of Orange does not perform the Phase I1
improvements proposed for this area.
15. The quantity, location, width, and type of driveways shall be subject to the approval of
the City Engineer.
16. 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.
17. 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.
18. 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).
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Exhibit "A"
Design Review Committee No. 96 -32
Conditions of Approval
Page 4
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• All applicable Building Department fees.
PLANNING CONDITIONS
19. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
20. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
21. 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.
*22. Prior to a Certificate of Occupancy being issued, the property shall be inspected for
compliance with the approved plans and all applicable requirements of a Home
Occupation Permit.
BUILDING CONDITIONS
23. 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.
24. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed.
25. 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.
26. Type 5 cement shall be used for all foundations and slabs on grade.
27. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
28. Applicant/developer shall use fire retardant wood shingles for the roof, if applicable.
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Exhibit "A"
Design Review Committee No. 96 -32
Conditions of Approval
Page 5
29. 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.
*30. Plan check of new structure will include the review of original calculations relating
to the foundation of the existing storage area and garage.
POLICE CONDITIONS
*31. House numbers shall be clearly visible from the street (front of residence) during
both daylight and hours of darkness.
*32. 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)
FIRE CONDITIONS
33. Prior to the issuance of any building permits, plans for the automatic fire sprinkler system
shall be submitted to and approved by the Fire Chief prior to installation. This system
shall be operational prior to the issuance of a certificate of use and occupancy.
34. Prior to approval of a site development /use permit, or the issuance of a building permit,
whichever occurs first, the applicant shall submit plans for the review and approval of the
Fire Chief. The applicant shall include information on the plans required by the Fire
Chief. Contact the Orange County Fire Authority Plans Review Section at (714) 744-
0403 for the Fire Safety Site /Architectural Notes to be placed on the plans.
Effective 11/12/96
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