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Resolution No. 4488 i w / 384 RESOLUTION NO. 4488 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE NO. 95-28 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 add 3,765 square feet of office area to the mezzanine level of the Yamaha building located at 6555 Katella Avenue. 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 1, 1995, at which time it approved the addition of the office area on the mezzanine level of the existing Yamaha Motors building located at 6555 Katella Avenue in the PC-1 Planned Community Zone. 3. That the decision of the Design Review Committee for Design Review Committee No. 95-27 was reported to the City Council on June 12, 1995. 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 as an area encouraging the establishment of compatible industries while allowing for a diversification of specified land uses which provide an increasing supply of citizen employment and services while insuring substantial compliance with the overall goals of the City as identified in the various elements of the General Plan. 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) The increase in square footage will not create a parking problem in that adequate parking is provided onsite. (2) The use is compatible with the surrounding uses and will not prove detrimental to the character of buildings or uses already established in the area. 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. 95-28, 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 12th day of June , 1995. AYOR OF THE CITY OF PRESS - 1 - 385 ATTEST: A/ Yei/( CITY CLERK OF E CIV�Y OF 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 12th day of June , 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 0 THE COY OF CYPRESS - 2 - 386 EXHIBIT "A" Design Review Committee No. 95-28 6555 Katella Avenue 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 (§ 21000 et semc. - 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. The applicant shall comply with applicable provisions of the 1991 Uniform Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California Administrative Code, Title 24, and the Cypress City Code. 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 delivered to the Planning Department the check required above, the approval for the project granted herein shall be void. Effective 06/12/95 Community Development Department Planning Division