Resolution No. 5302291
RESOLUTION NO. 5302
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE PERMIT NO. 2000 -31 - 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 second story addition to an existing residence located at 11566 Java
Street, 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 September 7, 2000.
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
September 25, 2000, 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 finds 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 and at a maximum density of five (5)
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 addition is compatible and consistent with the design
of the existing residence, including exterior building materials and color.
(2) The proposed addition is compatible in design 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 -31, 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 September , 2000.
MAYOR OF THE CITY OF CRESS
292
ATTEST:
- _LAWN
TY CL RK OF '11 CITY OF CYPRESS
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 25th day of September , 2000, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Keenan, McCoy, Sondhi, McGill, and Piercy
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
0-rn UAL ►�_
Y CLERK OF TH ITY OF CYPRESS
293
EXHIBIT "A"
Design Review Committee Permit No. 2000 -31
11566 Java Street
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 -31 shall be
complied with prior to occupancy of the subject building addition.
• Community Development Department • Planning Division •
294
Exhibit "A"
Design Review Committee No. 2000 -31
Conditions of Approval
Page 2
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-
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. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Sanitary Sewer Connection Fee (Per Orange County Sanitation District, OCSD -09).
• Applicable School District Fees
• All applicable Building Division fees.
COMMUNITY DEVELOPMENT CONDITIONS
8. 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.
9. 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.
BUILDING CONDITIONS
10. 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.
11. Type 5 cement shall be used for all foundations and slabs on grade.
12. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
• Community Development Department • Planning Division •
295
Exhibit "A"
Design Review Committee No. 2000 -31
Conditions of Approval
13. Applicant/developer shall use fire retardant wood shingles for the roof, if applicable.
Page 3
14. 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.)
15. Building plans shall be stamped by a licensed engineer.
16. An automatic fire sprinklers system, approved by the Fire Marshal may be required.
Effective 9/25/2000
• Community Development Department • Planning Division •