Resolution No. 4584250
RESOLUTION NO. 4584
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE PERMIT NO. 95 -54 - 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 in accordance with the provisions
of Section 18.2 of the Zoning Ordinance of the City of Cypress to construct a second story
addition to an existing single- family residence located at 6454 Tokelau Street in the RS -6,000
Residential Single- Family Zone.
2. That in accordance with the provisions of Section 18.3 of the City of Cypress
Zoning Ordinance, the Design Review Committee held a meeting on January 4, 1996 at which
it approved the addition of a second story of an existing single- family residence.
3. That the decision of the Design Review Committee on Design Review Committee
Permit No. 95 -54 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 project is in accord with the objectives of the
Zoning Ordinance and the purpose of the zone in which the site is located 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 proposed second story addition is consistent with the goals and
policies of the General Plan and the Zoning Ordinance.
(2) The project is set back beyond the minimum twenty (20) foot rear
yard setback.
(3) The proposed project will be consistent with the architecture of the
home and the surrounding residential architecture of the neighborhood.
c. The proposed project will comply with each of the applicable provisions
of the Zoning Ordinance and the RS -6,000 Residential Single - Family Zone.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Design Review Committee Permit No. 95 -54, 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 22nd day of January , 1996.
MAYOR OF THE C TY OF CYPRESS
251
ATTEST:
CITY 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 22nd day of January , 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
CITY CLERK OF THE CITY OF CYPRESS
2
252
EXHIBIT "A"
Design Review Committee Permit No. 95 -54
6454 Tokelau Street
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 (§ 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 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 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. All applicable conditions of Design Review Committee Permit No. 95 -54 shall be
complied with prior to final release from the Community Development Department.
5. 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 Twenty -five Dollars ($25.00) County administrative fee, to enable the
City to file the Notice of Exemption in accordance with Public Resources Code Section
21152. 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 • Planning Division •
Exhibit "A"
Design Review Committee Permit No. 95 -54
Conditions of Approval
PLANNING CONDITIONS
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Page 2
6. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted.
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.
BUILDING CONDITIONS
8. 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.
Applicant /developer shall comply with all disclosure requirements of the Orange County
Fire Authority for hazardous materials use and /or storage and the South Coast Air Quality
Management District for exhaustion of air contaminants.
10. Type 5 cement shall be used for all foundations and slabs on grade.
11. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
12. Applicant /developer shall use fire retardant wood shingles for the roof, if applicable.
Effective 01/22/96
• Community Development Department • Planning Division •