Resolution No. 4606335
RESOLUTION NO. 4606
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE NO. 96 -9 - 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 Committee approval in
accordance with the provisions of Section 18 of the Zoning Ordinance of the City of Cypress
to construct a second dwelling unit on the property located at 8792 Cypress Avenue within the
RM -15 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 reviewed this request on March 19, 1996, at
which time it approved the construction of the second dwelling unit on the property located at
8792 Cypress Avenue.
3. That the decision of the Design Review Committee for Design Review Committee
No. 96 -9 was reported to the City Council on March 25, 1996.
4. That the City Council hereby finds that:
a. The proposed location of the second dwelling unit 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 medium density apartments,
condominiums, townhouses, or other group dwellings with provisions for
adequate light, air, open space and landscaped area at maximum densities
of fifteen (15.0) dwelling units per acre. Only those additional uses are
permitted that are complimentary to, and can exist in harmony with, such
residential developments.
b. The proposed location of the structure and the conditions under which it
will be 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 size and location of the structure is in accord with
the objectives of this Ordinance and the RM -15 Residential Multiple - family Zone.
(2) The structure will be compatible with the surrounding uses and will
not prove detrimental to the character of buildings or uses already established in
the area.
c. The proposed structure will comply with each of the applicable provisions
of the Zoning Ordinance except for approved variances or adjustments.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Design Review Committee No. 96 -9, 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 25th day of March , 1996.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
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 25th day of March , 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
EXHIBIT "A"
VARIANCE NO. 95 -1 AND DESIGN REVIEW COMMITTEE NO. 96 -9
8792 Cypress Avenue
CONDITIONS OF APPROVAL
ENGINEERING CONDITIONS
1. The developer shall conform to all applicable provisions of the Code of the City of
Cypress.
2. 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. All onsite
drainage conveyed to the street shall be by means of an under - sidewalk drain. All lots
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 %).
3. 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.
4. 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.
5. The developer shall provide mailbox facilities for each residence, to the satisfaction of the
Public Works Director, Community Development Director, and Postmaster.
6. 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.
7. 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.
• Community Development Department • Planning Division •
337
338
Exhibit "A"
Variance No. 95 -1 and
Design Review Committee No. 96 -9
Conditions of Approval
8. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Engineering Plan Check & Inspection Fee (Per Resolution 2964).
• Park and Recreation Fee (Per Ordinance 769).
Page 2
• Drainage Fee for Master Drainage Plan (Per Resolution 2287).
• Traffic Impact Mitigation Fee (Per Ordinance 911 and current fee Resolution).
Regional Traffic Impact Fee (Per Ordinance 926 and Resolution 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
9. 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 m. - 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.
10. 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,
• Community Development Department • Planning Division •
339
Exhibit "A"
Variance No. 95 -1 and
Design Review Committee No. 96 -9
Conditions of Approval
Page 3
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.
11. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
12. All applicable conditions of Variance No. 95 -1 and Design Review Committee No. 96 -9
shall be complied with prior to occupancy of the subject building.
13. 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.
14. 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
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 Development
Department the check required above, the approval for the project granted herein shall be
void.
BUILDING CONDITIONS
15. 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.
16. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed.
17. 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.
18. Type 5 cement shall be used for all foundations and slabs on grade.
19. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
20. Applicant/developer shall use fire retardant wood shingles for the roof, if applicable.
• Community Development Department • Planning Division •
340
Exhibit "A"
Variance No. 95 -1 and
Design Review Committee No. 96 -9
Conditions of Approval
Page 4
21. 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.
22. Construction bins for non - recyclable and recyclable materials generated from any
construction site (residential) must be placed "onsite" out of the public right -of -way.
(Example: Street side of curb is public right -of -way. Not allowed.)
FIRE CONDITIONS
23. Water improvement plans shall be submitted to and approved by the Fire Chief to ensure
adequate fire protection and financial security is posted for the installation. The water
system design, location of valves, and the distribution of fire hydrants will be evaluated
and approved by the Chief.
24. Prior to the issuance of any building permits, plans for the NFPA 13R 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.
Effective 3/25/96
• Community Development Department • Planning Division •