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Resolution No. 4515RESOLUTION NO. 4515 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 95 -30 - 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 add 336 square feet to an existing single- family residence located at 11696 Java Street in the Residential Single- Family Zone RS- 6,000. 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 June 22, 1995, at which it approved the construction of a 336 square foot second story addition to an existing single - family residence. 3. That the decision of the Design Review Committee on Design Review Committee Permit No. 95 -30 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 to 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) 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 improvements are consistent with the General Plan and the Zoning Ordinance. (2) The project complies with the development standards of the single - family zone. (3) The proposed addition will not adversely impact the adjacent residents in that the exterior architecture will not be at variance with already existing immediate neighborhood. c. The proposed project will comply with each of the applicable provisions of the 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. 95 -30, 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 24th day of July , 1995. • AYOR OF THE TY OF YPRESS 454 ATTEST: CI Y CLERK OF T CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DARRELL ESSEX, City the foregoing Resolution was duly on the 24th day of July Clerk of the City of Cypress, DO HEREBY CERTIFY that adopted at a regular meeting of the said City Council held , 1995, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, Jones, Kerry and Age NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CIT CLERK OF THE (f/;21*'‘ TY OF CYPRESS 455 EXHIBIT "A" Design Review Committee No. 95 -30 11696 Java 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 m. - 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 requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued. 4. All applicable conditions of Design Review Committee No. 95 -30 shall be complied with prior to occupancy of the subject building. 5. Within forty -eight (48) hours of the approval of this project, the applicant /developer shall deliver to the Planning 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 711.4, 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 • Community Development Department • Planning Division • 456 Exhibit "A" Design Review Committee No. 95 -30 Conditions of Approval Page 2 6. All architectural treatments shall be constructed as approved by City Council. 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. Landscaping shall be installed at the north and south property line in order to minimize the visual impact of the modern roof line. Mitigation plan shall be submitted to the Planning Department for final approval prior to certificate of occupancy. Effective 07/10/95 • Community Development Department • Planning Division •