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Resolution No. 5469 9 4 RESOLUTION NO. 5469 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2000-47 -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 35.157 of the Zoning Ordinance of the City of Cypress to allow the construction of a 747 square-foot restroom addition to an existing warehouse building located at 10602 Walker Street, within the BP Business Park Zone. 2. That in accordance with Section 35.159 of the Cypress Zoning Ordinance, the Design Review Committee reviewed and approved this project on August 16, 2001. 3. That in accordance with Section 35.159 of the Cypress Zoning Ordinance, the decision of the Design Review Committee on this project was reported to the City Council on September 10, 2001, during a public meeting of the City Council. 4. That in accordance with Section 35.161 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 Community Development Department of an agreement to any conditions of approval signed 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 BP Business Park Zone in which the site is located, which is: Intended as an area for modem industrial/commercial development which meets the high performance and development standards of the City. 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 subject building addition design is compatible and consistent with the existing warehouse building, including size and exterior building materials and color. (2) The subject building addition is compatible with surrounding properties within the BP Business Park Zone. c. The proposed restroom addition project, as conditioned, will comply with each of the applicable provisions of the Cypress 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. 2000-47, 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 September, 2001. ,..„7/14 MAYOR OF THE CITY OF CYPRESS ATTEST: I1P 412g Ltd y ,1Y CLERK OF T i ITY OF CYPRESS -1- 9 5 STATE OF CALIFORNIA) COUNTY OF ORANGE )SS I, JILL R. INGRAM-GUERTIN, 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 September, 2001,by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Keenan, McCoy,Piercy, Sondhi, and McGill NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 4 1 1 -3(3TY CLE 'K 0; H CITY OF CYPRESS i -2- 96 EXHIBIT "A" Design Review Committee Permit No.2000-47 10602 Walker Street 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 sec. - 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 developer's 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 final sign-off of the building permit. 5. All applicable conditions of Design Review Committee Permit No. 2000-47 shall be complied with prior to final sign-off of the building permit for the subject building addition. 6. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall deliver to the Community Development Department a check payable to the County Clerk- Recorder in the amount of Forty-Three Dollars ($43.00) County administrative fee, to enable the City to file the Notice of Determination pursuant to Fish and Game Code §711.4 and California Code of Regulations, Title 14, section 753.5. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Community Development • Community Development Department •Planning Division • 97 Exhibit "A" Page 2 Design Review Committee No. 2000-47 Conditions of Approval Department the check required above, the approval for the project granted herein shall be void. ENGINEERING CONDITIONS 7. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: • Sanitary Sewer Connection Fee (Per Orange County Sanitation District, OCSD-09). • City-wide Traffic Improvement(Per Resolution 4348 and current fee Resolution). • Regional Traffic Improvement(Per Resolution No. 4400). • All applicable Building Division fees. COMMUNITY DEVELOPMENT CONDITIONS 8. All architectural treatments shall be constructed as illustrated on plans and renderings submitted and approved by the Design Review Committee. All exterior materials shall match existing materials and finishes. Final plans and elevation drawings shall be submitted to the Community Development Department for review and stamped approval prior to issuance of building permits. 9. The final exterior color scheme shall be submitted to the Community Development Department for review and approval prior to actually painting the structure. 10. A detailed landscape and automatic irrigation plan shall be submitted to the Community Development Department for review and approval at least sixty (60) days prior to issuance of a Certificate of Occupancy. In addition, a bond shall be posted with the Public Works Department to guarantee against defects in plant materials and workmanship. 11. Security gate systems shall be equipped with a Knox box system providing access with a Knox submaster key for emergency access by police and fire services. The security gate system shall be approved in writing by the Cypress Police Department and Orange County Fire Authority prior to issuance of building permits. 12. All walls, fences and trash enclosures shall be maintained free of significant surface cracks, dry rot, warping, missing panels or blocks, which threaten the structure's structural integrity or graffiti which threatens the appearance. 13. Parking lot surfaces and pedestrian walkways shall be maintained in a safe condition such that any concrete, asphalt, or other driving or walking surfaces are free of potholes, buckled or cracked surfaces, or raised areas. •Community Development Department •Planning Division • 98 Exhibit "A" Page 3 Design Review Committee No. 2000-47 Conditions of Approval 14. The property shall be maintained free of the accumulation of trash and debris. Trash and debris associated with the permitted uses are to be stored solely in designated trash enclosures. 15. Exterior building elevations shall be maintained in a safe appearance such that the buildings are free of broken, missing or significantly cracked surface finished materials. BUILDING CONDITIONS 16. Applicant/developer shall comply with applicable provisions of the 1997 Uniform Building, Plumbing and Mechanical Codes, 1996 National Electrical Code, California Code of Regulations,Title 24, and the Code of the City of Cypress. 17. Type 5 cement shall be used for all foundations and slabs on grade. 18. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil. moisture barrier. 19. Building plans shall be stamped by a licensed engineer. Effective: 9-10-2001 • Community Development Department •Planning Division •