Resolution No. 4465 .r 't AMMIPM
282
RESOLUTION NO. 4465
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE NO. 95-16 - 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 trash enclosure in the loading area of an industrial building located at 6000 Phyllis
Drive in the PC-2 Planned Business Park Industrial 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 16, 1995, at which
time it approved the trash enclosure in the loading area of an industrial building located at 6000
Phyllis Drive in the PC-2 Planned Community Business Park Zone.
3. That the decision of the Design Review Committee on Design Review Committee
Permit No. 95-16 was reported to the City Council on April 10, 1995.
4. That the City Council hereby finds that:
a. The proposed location of the structure 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 designate an area for modern office, commercial and
research/development land uses that can meet high performance and
development standards, while benefiting the community through growth,
revenue generation and providing an increasing supply of citizen
employment services.
b. The proposed location of the structure 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:
c. The proposed structure 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. 95-16, 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 10th day of April , 1995.
•
/ A
MAYOR OF THE CITY OF C 'RESS
ATTEST:
114�h�
CITY CL RK OF HE CITY F CYPRESS
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 10th day of April , 1995, by the following roll call vote:
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283
AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, Jones, Kerry
and Age
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE ITY OF CYPRESS
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EXHIBIT "A"
DESIGN REVIEW COMMITTEE NO. 95-16
CONDITIONS OF APPROVAL
1. The applicant shall secure all appropriate building permits and comply with all applicable
provisions of the Cypress City.Code.
2. 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 sq. - 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.
3. 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.
4. All dumpsters and containers within five feet (5') of the building shall be provided with an
automatic fire sprinkler system. A sprinkler system shall not be required if the container is kept
a minimum of ten feet (10') from the building. If no sprinkler system is provided, the trash
container shall be restricted by a barrier from encroaching closer than ten feet (10') to the
building. The plan for the barrier shall be approved by the Planning Department prior to
construction of the trash enclosure.
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 4/10/95
■ Community Development Department • Planning Division