Resolution No. 4520468
RESOLUTION NO. 4520
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE PERMIT NO. 95 -38 - 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 an existing second -story window to be replaced by a second -story bay window on an
existing house located at 5166 Edgemont Circle, 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 July 20, 1995.
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
August 14, 1995, 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:
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. Only those additional uses are permitted
that are complimentary to, and can exist in harmony with, a residential
neighborhood.
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 second -story bay window design is compatible and
consistent with the design of the entire house because a similar bay window is
also being added on the first story.
(2) The second -story bay window design is compatible with
surrounding properties within the RS -6,000 Residential Single- family Zone, which
have second -story windows.
c. The proposed second -story bay window, as conditioned, 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 -38, 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 14th day of August , 1995.
AYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
469
I, DARRELL ESSEX, 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 14th day of August , 1995, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bowman, Carroll, Kerry and Age
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Jones
CI CLERK OF TH ITY OF CYPRESS
470
EXHIBIT "A"
DESIGN REVIEW COMMITTEE PERMIT NO. 95 -38
5166 EDGEMONT CIRCLE
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 sec . - 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. 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 Twenty -five Dollars ($25.00) 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
delivered to the Planning 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 No. 95 -38
Conditions of Approval
PLANNING DEPARTMENT
471
Page 2
5. Architectural elevations and site plans shall be reviewed and approved by the Planning
Department prior to the issuance of building permits.
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 DEPARTMENT
8. Applicant/developer shall comply with applicable provisions of the 1991 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California
Code of Regulations, Title 24, and the Code of the City of Cypress.
Effective 8 -14 -95
• Community Development Department • Planning Division •