Resolution No. 5055425
RESOLUTION NO. 5055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE NO. 98-44 - 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 35.151 of the Zoning Ordinance of the City of Cypress
for the construction of a second story addition to an existing single -story residential dwelling
located at 5022 Belle Avenue within the RS -6000 Residential Single - family Zone.
2. That in accordance with the provisions of Section 35.159 of the City of Cypress
Zoning Ordinance, the Design Review Committee held a meeting on January 7, 1999, at which
time it approved the construction of the second story addition.
3. That the decision of the Design Review Committee on Design Review Committee
No. 98-44 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 conditional use is in accord with the objectives of
the Zoning Ordinance and the purpose of the zone in which the site is located, which is:
Intended as an area for single - family, urban residential development on minimum
lot sizes of six thousand (6,000) square feet and maximum densities of five (5.0)
dwelling units per acre.
b. The proposed location of the conditional use 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 second -story addition design is compatible and
consistent with the existing dwelling, including size, exterior
building materials and color.
(2) As conditioned, the subject second -story addition is compatible
with surrounding residential properties within the RS -6000
Residential Single - family Zone.
c. The residential building addition project, as conditioned, 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. 98-44, 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 January , 1999.
ATTEST:
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CITY CLERK OF THE CITY OF CYPRESS
MAYOR OF THE CITY OF CYPRESS
426
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 January , 1999, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Piercy, Sondhi and Keenan
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY LERK OF THE CITY OF CYPRESS
427
EXHIBIT "A"
DESIGN REVIEW COMMITTEE NO. 98-44
5022 Belle 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 (§ 2100 et sue. - 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 applicable 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. 98-44 shall be
complied with prior to final sign -off of the project.
6. Within forty -eight (48) hours of the approval of the project, the applicant/developer shall
deliver to the Community Development Department a check payable to the County Clerk
Recorder in the amount of Thirty -eight Dollars ($38.00) County administrative fee, to
enable the City to file the Notice of Determination required under Public Resources Code
Section 21152. If within such forty-eight (48) hour period the applicant /developer has not
• Community Development Department • Planning Division •
428
Exhibit "A"
Design Review Committee No. 98-44
Conditions of Approval
Page 2
delivered to the Community Development Department the check required above, the
approval for the project granted herein shall be void.
COMMUNITY DEVELOPMENT CONDITIONS
7. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
8. 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.
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 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.
11. Type 5 cement shall be used for all foundations and slabs on grade, unless otherwise
indicated by the soils engineer.
12. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier, unless otherwise indicated by the soils engineer.
13. Applicant /developer shall use fire retardant wood shingles /shakes for the roof, if
applicable.
14. Construction bins for non - recyclable and recyclable materials generated from any
construction site (residential and non - residential) must be placed "on site" out of the
public right -of -way. (Example: street side of curb is public right -of -way and is not
allowed.)
Effective 1/25/99
• Community Development Department • Planning Division •