Resolution No. 4477 339
RESOLUTION NO. 4477
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE PERMIT NO. 95-23 - 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 18.2 of the Zoning Ordinance of the City of Cypress
to allow the construction of a 2'2" lattice extension to the height of an existing 5'10" high block
wall along the perimeter of a ten (10) unit single-family housing development located at 4939
Orange Avenue, within the Orange Avenue Specific Plan (SP 93-1) Zone.
2. That in accordance with Section 18.3 of the Cypress Zoning Ordinance and
Section V of the Orange Avenue Specific Plan, the Design Review Committee reviewed and
approved this project on April 27, 1995.
3. That in accordance with Section 18.4 of the Cypress Zoning Ordinance and
Section V of the Orange Avenue Specific Plan, the decision of the Design Review Committee
on this project was reported to the City Council on May 8, 1995, during a public meeting of the
City Council.
4. That in accordance with Section 18.4 of the Cypress Zoning Ordinance and
Section V of the Orange Avenue Specific Plan, 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 Planning Department of a signed agreement to any conditions of
approval 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 of the zone in which the site is located is:
Intended as an area to include single-family detached dwellings on two lot
sizes (5,000 and 2,500 square feet minimum) as described in the general
provisions of the Orange Avenue Specific Plan.
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 wall height extension design, as conditioned, is
compatible and consistent with the existing dwellings on the subject property,
including size, building materials and color.
(2) The wall height extension design is compatible with surrounding
properties within the SP 93-1 Orange Avenue Specific Plan Zone and the RS-
6,000 Residential Single-Family Zone.
c. The wall height extension will comply with each of the applicable
provisions of the Orange Avenue Specific Plan and the Cypress Zoning Ordinance,
including the approved adjustment (Adjustment No. 95-5) for a 14 percent increase to
the east wall height standard, thereby permitting an eight-foot (8') high wall as is
provided for in the Specific Plan and permitted by City Code on the north and west walls
of the subject property.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Design Review Committee Permit No. 95-23, subject to the
conditions attached hereto as Exhibit "A."
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340
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 8th day of May 1995.
Q
?AYOR OF THE CITY OF C Y PRESS
ATTEST:
X
CITY CLERKT E CITX 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 8 th day of May , 1995, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, .Tones, Kerry
and Age
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK THE CITY OF CYPRESS
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341
EXHIBIT "A"
DESIGN REVIEW COMMITTEE PERMIT NO. 95-23
4939 ORANGE AVENUE
CONDITIONS OF APPROVAL
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 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.
ISuch 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. 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 Thirty-Eight Dollars ($38.00) County administrative fee, to enable the City to file the
Notice of Exemption in accordance with Fish and Game Code Section 711.4, 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.
PLANNING CONDITIONS
5. The lattice wall height extension shall be constructed as illustrated on plans and renderings
submitted.
Community Development Department • Planning Division
t'
342
Exhibit "A" Page 2
Design Review Committee No. 95-23
Conditions of Approval
6. The lattice wall height extension shall be painted to match the color of the existing wall.
The final paint color shall be submitted to City staff for review and approval prior to
actually painting the structure.
7. A provision for the maintenance of the lattice wall height extension shall be incorporated
into the CC&R's for the subject property development, in order to ensure the structure's
structural integrity and appearance. Should substantiated complaints be received and an
inspection show that the wall height extension is not being properly maintained
structurally and/or aesthetically, thereby creating an adverse impact upon neighboring
properties, the subject extension shall be removed or replaced pursuant to Section 13-13.
through 13-20. of the Cypress City Code.
BUILDING CONDITIONS
8. 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.
9. A detailed drawing and calculations, stamped by a registered professional engineer, shall
be submitted to the Building Department for review and approval.
Effective 05-08-95
Community Development Department • Planning Division