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Resolution No. 4503 422 RESOLUTION NO. 4503 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 95-25 - 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 a Design Review Committee permit in accordance with the provisions of Section 18.2 of the Zoning Ordinance of the City of Cypress to allow a reconfiguration of the parking lot plan for the Joong Ang Korean Church within an existing commercial center located at 6381 Ball Road, within the CG-10,000 Commercial General Zone. 2. That in accordance with Section 18.3 of the Cypress Zoning Ordinance, the Design Review Committee reviewed and approved this project on June 7, 1995. 3. That in accordance with Section 18.4 of the Cypress Zoning Ordinance, the decision of the Design Review Committee on this project was reported to the City Council on July 10, 1995, during a public meeting of the City Council. 4. That in accordance with Section 18.4 of the Cypress Zoning Ordinance, the effective date of the Design Review Committee's decision to approve this project shall be the date of acceptance by the City Council and upon receipt by the Planning Department of a signed agreement to any conditions of approval by the applicant. 5. 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 and intent of the zone in which the site is located is: as an area for the location of retail and wholesale commercial activities. 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 design of the subject parking lot plan provides the installation of landscape areas in accordance with the provisions of the Cypress Zoning Ordinance. (2) The design of the subject parking lot plan is consistent and compatible with the existing driveway curb cuts and access driveways for the subject property. c. The subject parking lot plan will comply with each of the applicable provisions of the Zoning Ordinance. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Design Review Committee Permit No. 95-25, 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 July , 1995. M YOR OF THE CITY OF 4PRESS 422 ATTEST: /1„ CITY CLERK F THE CI'T'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 10th day of July , 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 CLE OF THE"CITY OF CYPRESS - 2 - 424 EXHIBIT "A" DESIGN REVIEW COMMITTEE PERMIT NO. 95-25 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 (§ 2100 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. PLANNING CONDITIONS 4. All applicable conditions of Conditional Use Permit No. 93-3 shall also apply to Design Review Committee Permit No. 95-25. 5. The site plan shall be reviewed for conformity with Conditional Use Permit No. 93-3 and Design Review Committee No. 95-25 by the Planning Department prior to the issuance of building permits. 6. All parking lot improvements shall be constructed as illustrated on the site plan submitted and approved with this application. 7. All non-permitted banners and unlawful portable signs shall be removed. Community Development Department Planning Division 425 Exhibit "A" Page 2 Design Review Committee No. 95-25 Conditions of Approval 8. All existing recreational vehicles,commercial tractor-trailers,campers,trailers,and similar vehicles shall be immediately removed from the subject property. The property owner shall be responsible to post, monitor, and eliminate future incidents of unlawful parking or occupancy of the subject parking lot. 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. Wheelchair and handicap access facilities shall be installed onsite in accordance with State of California and City of Cypress Building Department Standards. FIRE CONDITIONS 11. Prior to the issuance of any building or grading permit, street improvement plans with fire lanes shown shall be submitted to and approved by the Fire Chief Indicate the locations of red curbing and signage. Provide a drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color. The CC&R's shall contain a fire lane map and provisions which prohibit parking in the fire lanes, a method of enforcement shall be included. Effective 07/10/95 Community Development Department Planning Division