Resolution No. 4698RESOLUTION NO. 4698
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE PERMIT NO. 96 -26 - 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 two -story addition onto an existing one -story house and an
expansion of the attached garage, located at 5751 Elinora Lane, within the RS -6,000 Residential
Single - family Zone.
2. That in accordance with Section 18.3 of the Cypress Zoning Ordinance, the
Design Review Committee reviewed and approved this project on September 12, 1996.
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
September 23, 1996, 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 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 and intent 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 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 two -story addition design is compatible and consistent
with the existing dwelling, including size and exterior building materials and
color.
(2) The subject building addition is compatible with surrounding
residential properties within the RS -6,000 Zone.
c. The residential building addition, 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 Design Review Committee Permit No. 96 -26, 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 23rd day of September , 1996.
MA OR OF THE TY OF CYPRESS
1
165
166
ATTEST:
. 4 0;Lo,c):_,OV\
LERK OF THE CITY OF
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CYPRESS
RESS
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 23rd day of September , 1996, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Carroll, Jones, Kerry
and Bowman
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
` � a
CITY LERK OF THE CITY OF CYPRESS
167
EXHIBIT "A"
DESIGN REVIEW COMMITTEE PERMIT NO. 96 -26
5751 ELINORA LANE
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 Govemment Code Section 66499.37 and Public Resources Code,
Division 13, CH. 4 (§ 2100 et sew. - 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 Tess 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 attomey'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 Community Development 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
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 Community Development Department the
check required above, the approval for the project granted herein shall be void.
COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS
5. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
• Community Development Department • Planning Division •
16 8 Exhibit "A"
Design Review Committee Permit No. 96 -26
Conditions of Approval
Page 2
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. 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.
8. All material storage shall occur within the building. Exterior storage is specifically
prohibited.
*9.
The rear access door to the garage, facing the rear yard and adjoining single - family
residences, shall not be used to drive through automobiles or recreational vehicles for
storage or repair within the rear yard open area. If the rear access door of the garage
creates noise or outdoor storage problems, 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, removal and /or replacement of the large door as determined
appropriate by the Design Review Committee.
*10. The applicant shall obtain a Cypress Business License and a Home Occupation Permit
prior to commencement of any home -based business operation.
BUILDING DEPARTMENT CONDITIONS
11. 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.
12. Type 5 cement shall be used for all foundations and slabs on grade.
13. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
14. Applicant/developer shall use fire retardant wood shingles for the roof, if applicable.
FIRE AUTHORITY CONDITIONS
15. All requirements of the Orange County Fire Marshal's Office shall be complied with prior
to a Certificate of Occupancy being issued.
16. If the existing house has an existing fire sprinkler system, plans for the additional
sprinkler improvements for the building addition shall be submitted to and approved by
the Fire Chief prior to issuance of any building permits. This system shall be operational
prior to the issuance of a Certificate of Occupancy.
Effective 9 -23 -96
• Community Development Department • Planning Division •