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Resolution No. 4504 426 RESOLUTION NO. 4504 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 95-31 - 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 design review in accordance with the provisions of Section 18.2 of the Zoning Ordinance of the City of Cypress to add 1,213 square feet to an • existing single-family residence located at 9570 Napoli Place in the Sorrento Specific Plan Area. 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 June 22, 1995, at which it approved the construction of a two-story, 1,213 square foot addition to an existing single- family residence. 3. That the decision of the Design Review Committee on Design Review Committee Permit No. 95-31 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 to provide a planned community of residential development. The Specific Plan area consists of 143.9 acres, and will include a variety of single-family detached units. 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 improvements are consistent with the goals and policies of the Specific Plan, General Plan and the Zoning Ordinance. (2) The project complies with the development standards of the Sorrento Specific Plan by keeping with the architectural design of the area. (3) The proposed addition will not adversely impact the adjacent residents in that the second story windows will be opaque, obstructing visibility. c. The proposed project will comply with each of the applicable provisions of the Zoning Ordinance and the Sorrento Specific Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Design Review Committee Permit No. 95-31, 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 10th day of July , 1995. - � • . . AYOR OF THE CITY O'• YPRESS f. , , L_ - �- 427 ATTEST: e46 CITY CLERK THE CI'uY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that I 4 the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 10th day of July , 1995, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, Jones, Kerry and Age NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CI CLE K c(44(10/ OF THPAATY OF CYPRESS - 2 - 428 EXHIBIT "A" DESIGN REVIEW COMMITTEE NO. 95-31 9570 NAPOLI PLACE 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 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 developers 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 Sorrento Specific Plan of the City of Cypress. 4. All applicable conditions of Design Review Committee No. 95-31 shall be complied with prior to occupancy of the subject building. 5. 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 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. Community Development Department Planning Division k% 429 Exhibit "A" Page 2 Design Review Committee No. 95-31 Conditions of Approval PLANNING CONDITIONS 6. Second story staircase and north/east bedroom window shall be designed of opaque glass. Should opaque material not meet with the City's approval, windows shall be relocated to the satisfaction of the Planning Department prior to pulling Building Permits. 7. Second story bathroom window shall be raised to a height to prevent visibility onto adjacent properties. 8. 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. 9. All architectural treatments shall be constructed as illustrated on plans and renderings submitted. 10. Landscaping shall be installed and maintained along the north property line where the addition has been constructed which shall grow to a height above the existing fence. BUILDING CONDITIONS 11. 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. 12. Engineered calculations required. Revised 07/11/95 Community Development Department Planning Division