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Resolution No. 4445 184 RESOLUTION NO. 4445 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE NO. 95-7 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 Committee approval in accordance with the provisions of Section 18 of the Zoning Ordinance of the City of Cypress to allow exterior modifications to three existing office buildings located at 5450, 5460, and 5470 Orange Avenue. 2. That the City Council acted on this application during a public meeting. 3. That the City Council hereby finds that: a. The proposed exterior modifications to three existing office buildings are in accord with the objectives of the Zoning Ordinance and the purpose of the zone in which the site is located is: Intended to provide a zone designed to protect the public interest in certain major public developments, and at the same time protect private interests in the peripheral area thereof by creating an environment compatible with the purpose of the public development. b. The proposed location of the use 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) Sufficient parking will be provided onsite in accordance with the provisions of the Cypress Zoning Code. (2) Conditions of approval have been imposed to regulate and insure compliance with the City Code of the City of Cypress. (3) The proposed use is consistent with the existing use of the property and will be compatible with surrounding office uses. c. The proposed use will comply with each of the applicable provisions of the Zoning Ordinance except for approved variances or adjustments. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Design Review Committee No. 95-7, 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 February , 1995. AYOR OF THE CITY OF CYPRESS ATTEST: /dayYt4-CITY CLERK F THE C Y OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 13 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 13th day of February , 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 CITY CLERK OF THE CITY OF CYPRESS 186 EXHIBIT "A" DESIGN REVIEW COMMITTEE NO. 95-7 CONDITIONS OF APPROVAL 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 (§ 2100 et seg. - 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. Wheelchair and handicap access facilities shall be installed onsite and offsite in accordance with State of California and City of Cypress Building Department Standards. 4. All architectural treatments shall be 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. 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 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 753.5, 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. is Community Development Department • Planning Division ■ 187 Exhibit "A" Page 2 Design Review Committee No. 95-7 Conditions of Approval 6. 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.