Resolution No. 4591277
RESOLUTION NO. 4591
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE NO. 95 -58 - 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 planned residential unit located at 11366 Nashawena Ct. in the Planned
Residential Development 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 25, 1996, at which
it approved a second story addition to the existing planned residential unit.
3. That the decision of the Design Review Committee on Design Review Committee
No. 95 -58 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 to facilitate development of areas designed for
residential use on the general plan by permitting greater flexibility and,
consequently, more creative and imaginative designs for the development
of such residential areas than generally is possible under conventional
zoning or subdivision regulations.
b. The proposed location of the project and the conditions under which it
would be operated or maintained will not he detrimental to the public health, safety or
welfare or be materially injurious to properties or improvements in the vicinity in that:
(1) The proposed improvements are consistent with the goals and
policies of the General Plan and the Zoning Ordinance.
(2) The project complies with the covenants, conditions, and
restrictions of the planned residential development.
(3) The proposed project will improve the aesthetics of the existing site
by designing similar architecture.
c. The proposed project will comply with each of the applicable provisions
of the Zoning Ordinance and the Planned Residential Development Zone (PRD).
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Design Review Committee No. 95 -58, 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 12th day of February , 1996.
MAYOR OF THE ITY OF CYPRESS
278
ATTEST:
CITY LERK 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 12th day of February , 1996, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Carroll, Jones, Kerry and Bowman
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Age
CITY CLERK OF THE CITY OF CYPRESS
279
EXHIBIT "A"
APPLICATION: Design Review Committee No. 95 -58
ADDRESS: 11366 Nashawcna Court
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 hoard, 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. All applicable conditions of Design Review Committee No. 95 -58 shall be complied with
prior to occupancy of the subject building.
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 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 he void.
All architectural treatments shall he 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.
• Community Development Department • Planning Division •
280
Exhibit "A"
Design Review Committee No. 95 -58
Conditions of Approval
Page 2
6. 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.
7. Design Review Committee No. 95 -58 shall comply with the Covenant, Restrictions and
Conditions for this Planned Residential Development.
Effective 2/12/96
• Community Development Department • Planning Division •