Resolution No. 5064455
RESOLUTION NO. 5064
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE NO. 99 -3 - 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 35.151 of the Zoning Ordinance of the City of Cypress
for the construction of a pallet enclosure behind the Home Depot building located at 5800
Lincoln Avenue within the PC Planned Community Zone.
2. That in accordance with the provisions of Section 35.159 of the City of Cypress
Zoning Ordinance, the Design Review Committee held a meeting on February 4, 1999, at which
time it approved the construction of the second story addition.
3. That the decision of the Design Review Committee on Design Review Committee
No. 99 -3 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 enclosure is in accord with the objectives of the
Zoning Ordinance and the purpose of the zone in which the site is located, which is:
Intended to permit a compatible mix of land uses, planned commercial
developments and business parks, and a variety of housing styles and densities.
b. The proposed location of the enclosure 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 enclosure is compatible and consistent with the existing
building and structures on the site.
(2) The subject enclosure will not impact the existing parking on the
site because the site will still contain more than the required
number of parking spaces.
c. The pallet enclosure, as conditioned, 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. 99 -3, 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 22nd day of February , 1999.
(&)
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
MAYOR OF THE CITY OF CYPRESS
456
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, LILLIAN M. HAINA, 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 22nd day of February , 1999, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Piercy, Sondhi and Keenan
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
457
EXHIBIT "A"
DESIGN REVIEW COMMITTEE NO. 99 -3
5800 Lincoln Avenue
CONDITIONS OF APPROVAL
Bolded Conditions are those that are specific to this project.
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 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 applicable provisions of the Code of the
City of Cypress.
4. All applicable conditions of Design Review Committee Permit No. 98 -44 shall be
complied with prior to final sign -off of the project.
5. The enclosure shall be constructed of chain link fencing not exceed eight feet (8') in
height. The fencing material shall be maintained in good condition at all times.
6. All pallets shall be stored within the fenced enclosure. Pallets shall be stored no
higher than seven feet (7') and shall be stored in a neat and orderly manner.
• Community Development Department • Planning Division •
458
Exhibit "A"
Design Review Committee No. 99 -3
Conditions of Approval
Page 2
7. Within forty-eight (48) hours of the approval of the project, the applicant/developer shall
deliver to the Community Development Department a check payable to the County Clerk
Recorder in the amount of Thirty-eight Dollars ($38.00) County administrative fee, to
enable the City to file the Notice of Determination required under Public Resources Code
Section 21152. 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.
Effective 2/22/99
• Community Development Department • Planning Division •