Resolution No. 4382RESOLUTION NO. 4382
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE NO. 94 -16 - 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 in accordance with the provisions
of Section 18.2 of the Zoning Ordinance of the City of Cypress to construct a two -story room
addition for an existing single - family home located at 8571 LaHoma Street, in the RM -15
Residential Multi - Family Zone.
2. That the City Council, after proper notice thereof, duly held a public hearing on
said application as provided by law.
3. That the City Council hereby finds that:
a. The proposed location of the proposed 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 medium density apartments,
condominiums, townhomes 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.
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 subject two - story addition design is compatible and consistent
with the existing dwelling, including size and exterior building materials and
colors.
(2) It will be compatible with surrounding properties within the RM -15
Zone.
c. The proposed project 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. 94 -16, 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 26th day of September , 1994.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
OF T /1 E
CITY CITY CLERK ITY 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 26th day of September, 1994, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kerry, Nicholson,
and Partin
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
2
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 94 -14 AND
DESIGN REVIEW COMMITTEE NO. 94 -16
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, using
site established grades, 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. A retaining wall per City standards shall be constructed at the property line where the
finish grade difference is greater than twelve inches (12 "). Grade separation shall not
exceed two feet (2') between two 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. All existing public improvement 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.
6. 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).
• Traffic Impact Mitigation Fee (Per Ordinance 911 and current fee Resolution).
• Community Development Department • Planning Division •
4
Exhibit "A"
Conditional Use Permit No. 94 -14 and
Design Review Committee No. 94 -16
Conditions of Approval
Page 2
• 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.
7. 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 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.
PLANNING CONDITIONS
8. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Planning Department.
9. All applicable conditions of Variance No. 94 -4 shall be complied with prior to occupancy
of the subject building.
10. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 94 -14 will require an amendment to the conditional use
permit.
11. If the second story windows create a privacy problem for adjacent property owners,
measures shall be taken to resolve the problem. These mitigation measures shall be
subject to Design Review and may consist of, but not be limited to, requirements for
additional perimeter landscaping and /or window coverings as determined appropriate by
the Design Review Committee.
12. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to a Certificate of Occupancy being issued.
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 94 -14 and
Design Review Committee No. 94 -16
Conditions of Approval
Page 3
13. Architectural elevations and site plans shall be reviewed and approved by the Planning
Department prior to the issuance of building permits.
14. 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.
15. The transformer boxes and water valves shall be placed in locations acceptable to the
Planning Director and shall be adequately screened from view with plant materials.
16. Within forty -eight (48) hours of the approval of this project, the applicant /developer shall
deliver to the Planning Department a check payable to the County Clerk in the amount
of Twenty -Five Dollars ($25.00) County administrative fee, to enable the City to file the
Notice of Exemption in accordance with Fish and Game Code Section 753.5, required
under Public Resources Code Section 21152 and Title 14 of the California Code of
Regulations. If, within such forty -eight (48) hour period, the applicant /developer has not
delivered to the Planning Department the check required above, the approval for the
project granted herein shall be void.
BUILDING CONDITIONS
17. 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.
18. 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.
19. Type 5 cement shall be used for all foundations and slabs on grade.
20. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
21. Applicant /developer shall use fire retardant wood shingles for the roof, if applicable.
22. Construction bins for non - recyclable and recyclable materials generated from any
construction site (residential and non - residential) must be placed "onsite out of the public
right -of -way. (Example: street side of curb is public right -of -way. Not allowed.)
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 94 -14 and
Design Review Committee No. 94 -16
Conditions of Approval
FIRE CONDITIONS
Page 4
23. Prior to issuance of building permits, the applicant shall provide the Fire Chief with a
site plan showing the location of the two closest fire hydrants, with the distance shown.
24. Prior to issuance of a demolition permit for the existing garage and issuance of a building
permit for the building addition, the applicant shall provide the Fire Chief with a
demolition plan and indicate the square footage of the existing house.
25. An automatic fire sprinkler system shall be required throughout the building per Cypress
City Code. Should the applicant submit information to the Building Official
demonstrating justification for a hardship per Ordinance No. 897, the Building Official
may determine a fire sprinkler system will not be required.
Effective 9/26/94
• Community Development Department • Planning Division •