Resolution No. 5129128
RESOLUTION NO. 5129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO DESIGN REVIEW COMMITTEE PERMIT NO. 99 -10.
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 increase in size of a second -story master bedroom and bathroom addition to an
existing single - family residence located at 10371 Whirlaway 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 July 22, 1999.
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
August 9, 1999, 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 fords 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 size of 6,000 square feet, 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 consistent with architectural design of the
existing residence.
(2) The proposed addition is compatible with the surrounding
residential development 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 Amendment to Design Review Committee Permit No. 99 -10,
subject to the amended conditions attached hereto as Exhibit "B" and conditions adopted as part
of the original approval of Design Review Committee Permit No. 99 -10 attached hereto as
Exhibit "A".
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 9th day of August , 1999.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
406.Q1U41,_ V^ . 44et–L–;0,s
CI Y CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
129
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 9th day of August , 1999, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: McCoy, McGill, Piercy and Keenan
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Sondhi
CA-Qjj 445-j—L
CITY CLERK OF THE CITY OF CYPRESS
130
EXHIBIT "A"
DESIGN REVIEW COMMITTEE PERMIT NO. 99 -10
10371 Whirlaway Street
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
Bolded conditions indicate those that are specific to this project.
The developer shall defend, indemnify, and hold harmless, the City and 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. The proposed addition shall be constructed as approved by the Design Review
Committee. Roofing material, windows, decorative window trim, exterior walls,
and other architectural features of the proposed addition shall match existing
materials and finishes. The roof pitch of the proposed addition shall also match
the existing roof pitch. Final elevation drawings shall be submitted to the
Community Development Department for review and approval.
• Community Development Department • Planning Division •
131
5. The applicant shall secure a building permit for the construction of the addition and
shall comply with all applicable provisions of the 1994 Uniform Building, Plumbing
and Mechanical Codes, 1993 National Electrical code, California Administrative code,
Title 24, and the Cypress City Code. The height and size of the bedroom windows
on the second story shall meet the Uniform Building Code standards for emergency
egress, lighting and ventilation.
6. Type 5 cement shall be used for all foundations and slabs on grade.
7. Building plans shall be stamped by a licensed engineer.
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 the installation of additional perimeter landscaping, window
coverings, and /or opaque windows as determined appropriate by the Design
Review Committee.
9. 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 Thirty-Eight Dollars ($38.00) County administrative
fee, to enable the City to file the Notice of Exemption 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.
Effective 4/27/99
• Community Development Department • Planning Division •
132
EXHIBIT "B"
AMENDMENT TO DESIGN REVIEW COMMITTEE PERMIT NO. 99 -10
10371 Whirlaway Street
REVISIONS TO CONDITIONS OF APPROVAL
5. The applicant shall secure a building permit for the construction of the addition
and shall comply with all applicable provisions of the 1994 1997 Uniform
Building, Plumbing and Mechanical Codes, 1993 1996 National Electrical
Code, California Administrative Code, Title 24, and the Cypress City Code.
The height and size of the bedroom windows on the second story shall meet
the Uniform Building Code standards for emergency egress, lighting and
ventilation.
Effective 8/9/99