Resolution No. 5489 1 cA9D
RESOLUTION NO. 5489
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE PERMIT NO. 2001-30-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
located at 10743 Progress Way, within the 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 September 6, 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
October 8, 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 zone in which the site is located, which is:
Intended as
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 design is compatible and consistent with the existing,
including size and exterior building materials and color.
(2) The subject is compatible with surrounding properties within the
Zone.
c. The proposed 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. 2001-30, 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 8th day of October, 2001.
Alar■iLk
MAYOR OF THE CITY OF CYPRESS
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161
AFI EST:
C V CLERK OF T . 6 Y OF CYPRESS
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 8th day of October, 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
441 � !' . ►VA, ./
Y CLERK OF T ITY OF CYPRESS
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.16 2
EXHIBIT "A"
Design Review Committee Permit No.2001-30
10743 Progress Way
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
GENERA L 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 seq. - 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 applicable conditions of Design Review Committee Permit No. 2001-30 shall be
complied with prior to occupancy of the subject building addition.
5. 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 Exemption 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
Department the check required above, the approval for the project granted herein shall be
void.
• Community Development Department•Planning Division •
163
Exhibit "A" Page 2
Design Review Committee Permit No. 2001-30
Conditions of Approval
COMMUNITY DEVELOPMENT CONDITIONS
6. The proposed exterior improvements shall be constructed as approved by the Director
of Community Development or his designees. All materials, exterior wall, and other
architectural features of the proposed improvements shall mach existing material and
finishes. Final elevation drawings shall be submitted to the Community Development
Department for review and stamped approval prior to the issuance of building
permits.
RI TILDING CONDITIONS
7. 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.
8. The applicant shall obtain building permits for the electrical equipment and the
enclosure structure.
FIRE CONDITIONS
9. Prior to issuance of building permit or installation of an above-ground or an
underground fuel tank, plans shall be submitted to the Fire Chief of the Orange County
Fire Authority for review and approval.
10. All requirement of the Orange County Fire Marshal's Office shall be complied with
prior to final sign-off of the building permit.
Effective: 10-8-2001
• Community Development Department •Planning Division •