Resolution No. 4742340
RESOLUTION NO. 4742
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE NO. 96 -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 enclose and install garage doors to three (3) existing carports located at 5531 Danny Avenue,
within the RM -15 Residential Multiple - 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 January 2, 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
January 13, 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 and the purpose and intent of the zone in which the site is located, which is:
Intended as an area for the development of medium density apartments,
condominiums, townhouses or other group dwellings with provisions for
adequate light, air, open space and landscaped area at maximum densities
of fifteen (15) 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 design is compatible and consistent with the existing
dwelling, including size and exterior building materials and color.
(2) The subject construction is compatible with surrounding residential
properties within the RM -15 Zone.
c. The new enclosed garages, 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 No. 96 -41, 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 13th day of January , 1997.
MAYOR OF THE CITY OF YPRESS
ATTEST:
of)
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
341
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 13th day of January , 1997, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Jones, Keenan, Piercy
and Carroll
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
342
EXHIBIT "A"
Design Review Committee No. 96 -41
5531 Danny Avenue
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
* Denotes conditions that are specific to this project.
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 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 applicant shall secure a Building Permit from the Cypress Building and Safety
Department prior to performing any work on the project.
*5. Materials and colors shall match that of the existing buildings.
6. 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 1/13/97
• Community Development Department • Planning Division •