Resolution No. 4498 411
RESOLUTION NO. 4498
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE PERMIT NO. 95-29 - 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 in accordance with the provisions
of Section 18.2 of the Zoning Ordinance of the City of Cypress to convert 3,493 square feet of
the existing warehouse use to office space and relocate an existing roll-up door on the same east
elevation located at 6603 Darin Way within the PC-2 Cypress Corporate Center Specific Plan
Area. Off-site parking is proposed as part of this use conversion which will be located on a
contiguous lot located 6601 Darin Way.
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 8, 1995, at which it
approved the conversion of 3,493 square feet of warehouse space to office use including the
relocation of a roll-up door on the east elevation and the execution of a parking agreement at the
adjacent property for parking.
3. That the decision of the Design Review Committee on Design Review Committee
Permit No. 95-29 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 project 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 encourage the establishment of a planned community of
balanced commercial and research/development uses in an area where it
is deemed desirable to provide varied business facilities and to establish
standards of design and type of use which will enhance the area, be in
harmony with the objectives of the city's general plan and minimize
detrimental effects to the public health, safety and welfare.
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 proposed improvements are consistent with the goals and
policies of the General Plan and the Zoning Ordinance.
(2) The proposed contiguous parking area and existing onsite parking
provide sufficient parking for the use.
(3) The relocation of an existing roll-up door will not adversely impact
the adjacent property because the existing landscape provides a visual barrier.
c. The proposed project will comply with each of the applicable provisions
of the Zoning Ordinance and the PC-2 Zone.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Design Review Committee Permit No. 95-29, 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 26th day of June , 1995.
Y•R OF THE CITY OF '%PRESS
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412
ATTEST:
CITY LEl IC''O HE CIV
I 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 26th 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
491714-44,"
CI Y CLERK OF TH CITY OF CYPRESS
{
4
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413
EXHIBIT "A"
Design Review Committee No. 95-29
FHP Inc./Pete Mahoney
6603 Darin Way
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 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. The applicant/developer shall comply with all provisions of the Code of the City of
Cypress.
4. All requirements of the Orange County Fire Marshal's Office shall be complied with prior
to a Certificate of Occupancy being issued.
5. All applicable conditions of Design Review Committee No. 95-29 shall be complied with
prior to the occupancy of the tenant improvement area of the subject building.
6. A parking agreement shall be approved by the City Attorney prior to the certificate of
occupancy for the tenant improvement which shall be for a minimum of fourteen(14) off-
site parking spaces for the exclusive use of 6603 Darin Way.
7. 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
Community Development Department Planning Division
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414
Exhibit "A" Page 2
Design Review Committee No. 95-29
Conditions of Approval
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.
ENGINEERING CONDITIONS
8. City traffic and regional fees will have to be collected prior to issuance of Building
Permits.
BUILDING CONDITIONS
9. 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.
10. An automatic fire sprinkler system, approved by the Fire Marshal, may be required.
11. Applicant/developer shall comply with all disclosure requirements of the Orange County
Fire Department for hazardous materials use and/or storage and the South Coast Air
Quality Management District for exhaustion of air contaminants.
Effective 6/12/95
Community Development Department Planning Division