Resolution No. 4880277
RESOLUTION NO. 4880
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE NO. 97 -41 - 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 one - story, 450 square -foot room addition onto an existing non-
conforming residence located at 9052 Denni Street, within the CH- 10,000 Commercial Heavy
Zone.
2. That in accordance with Section 18.3 of the Cypress Zoning Ordinance, the
Design Review Committee reviewed and approved this project on November 13, 1997.
3. That in accordance with Section 18.4 of the Cypress Zoning Ordinance, the
decision of the Design Review Committee on this project was reported to the City Council on
December 8, 1997, during a public meeting of the City Council.
4. That in accordance with Section 18.4 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, Section 16 Non - conforming Uses and Structures, in lieu of the purpose and
intent of the zone in which the site is located, which is:
Intended to provide appropriately located areas for establishments catering
primarily to highway travelers, visitors to the City, or to such businesses
or uses where direct access to major arterial highways is essential or
desirable for their operation.
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 room addition design is compatible and consistent with the
existing residential structures onsite, including size and exterior building materials
and color.
(2) The subject room addition is compatible with existing commercial and
non - conforming residential development on surrounding properties located within
the CH- 10,000 Commercial Heavy Zone.
(3) The subject room addition does not increase the non - conformity of the
existing residential structure or use.
(4) The subject room addition does not preclude the full redevelopment of
the subject site into a conforming commercial development in the future.
Therefore, the proposed project is consistent with the Lincoln Avenue
Redevelopment Plan.
c. The proposed project, as conditioned, will comply with each of the
applicable provisions of the Cypress Zoning Ordinance, including Section 16 pertaining to non-
conforming structures and uses.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Design Review Committee No. 97 -41, subject to the conditions
attached hereto as Exhibit "A".
278
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 8th day of December , 1997.
MAYOR OF'IE CITY OF CYPRESS
ATTEST:
�., °/\
C Y CLERK OF THE CITY OF CYPRESS
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 8th day of December , 1997, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Carroll , Keenan, Piercy and Jones
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
279
EXHIBIT "A"
DESIGN REVIEW COMMITTEE PERMIT NO. 97-41
9052 Denni Street
CONDITIONS OF APPROVAL
* Denotes conditions which are 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 (§ 2100 et seg. - 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. Within forty -eight (48) hours of the approval of this project, the applicant/developer shall
deliver to the Planning Division 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 in accordance with Fish and Game Code Section 753.5, 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 Division the check required above, the approval for the project
granted herein shall be void.
• Community Development Department • Planning Division •
280
Exhibit "A"
Design Review Committee No. 97 -41
Conditions of Approval
COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS
Page 2
5. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
6. 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.
*7. The subject residential room addition shall not be converted to a second dwelling unit.
ENGINEERING DEPARTMENT CONDITIONS
8. All existing public improvements at the existing development site which are damaged due
to construction, cracked, or otherwise below standard, shall be removed and replaced to the
satisfaction of the City Engineer.
9. All new utility services shall be underground.
BUILDING DEPARTMENT 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.
FIRE AUTHORITY CONDITIONS
11. All requirements of the Orange County Fire Marshal's Office shall be complied with prior
to a Certificate of Occupancy being issued.
Effective 12 -8 -977
• Community Development Department • Planning Division •