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Resolution No. 4455 243 RESOLUTION NO. 4455 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE NO. 95-6 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 construct a 570 square foot patio enclosure at an existing industrial building located at 10803 Hope Street in the PC-4 Planned Community Business Park 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 March 7, 1995, at which it approved the plans and drawings for the construction of the new patio for this existing industrial building submitted under Design Review Committee No. 95-6. 3. That the decision of the Design Review Committee on Design Review Committee No. 95-6 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 use 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 establish a development program through which a quality business environment may be realized, to further provide a range of employment opportunities, and to implement a variety of commercial, office and industrial land uses. 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) Conditions of approval have been imposed to regulate and insure compliance with the City Code of the City of Cypress. (2) The proposed use will be compatible with surrounding uses and is consistent with those uses permitted by the Warland Cypress Business Center Specific Plan. 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. 95-6, 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 March , 1995. AYOR OF THE CITY CYPRESS ATTEST: CITY CLERK F THE TY OF CYPRESS - 1 - A 244 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 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 March , 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 yiTY OF CYPRESS F - 2 - 245 EXHIBIT "A" DESIGN REVIEW COMMITTEE NO. 95-6 CONDITIONS OF APPROVAL 1. 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. 2. All architectural treatments shall be constructed as illustrated on plans and renderings submitted. 3. Outdoor patio area shall meet Orange County Fire Department requirements for exiting. The exit shall be openable without the use of a key or special knowledge. 4. Type 5 cement shall be used for all foundations and slabs on grade. 5. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil. moisture barrier. 4. 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 etsem. - 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. 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. Effective 3/13/95 ■ Community Development Department • Planning Division ■