Resolution No. 5074489
RESOLUTION NO. 5074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE PERMIT NO. 99 -8 - 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 installation of an equipment enclosure for an industrial /office building located at
6032 Katella Avenue, within the PC -2 Planned Community 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 March 25, 1999.
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
April 12, 1999, 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 fords 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 an area for modern office, commercial, and research and
development uses that can meet high performance and development
standards that can respond to changing future market conditions.
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 enclosure is compatible and consistent with the existing
building on the site. The enclosure will not be visible from any of the
surrounding public streets.
(2) The subject enclosure will not impact traffic circulation within
parking areas or the truck loading dock area. Protective bollards will be installed
around the enclosure as a precautionary measure to prevent damage to the
enclosure and equipment from vehicular traffic.
c. The 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. 99 -8, 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 12th day of April , 1999.
Pl/t)
MAYOR OF THE CITY OF CYPRESS
490
ATTEST:
Ors
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
I, LILLIAN M. HAINA,
that the foregoing Resolution was
on the 12th day of April
City Clerk of the City of Cypress, DO HEREBY CERTIFY
duly adopted at a regular meeting of the said City Council held
, 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
491
EXHIBIT "A"
DESIGN REVIEW COMMITTEE PERMIT NO. 99 -8
6032 Katella Avenue
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
Bolded conditions indicate those that are specific to this project.
1. The developer shall defend, indemnify, and hold harmless, the City and 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. The enclosure shall be constructed and installed as approved by the Design Review
Committee.
5. Steel bollards, a minimum of six inches (6 ") in diameter and five feet (5') in height
above the ground, shall be installed no more than six feet (6') on center from each
other around the enclosure. Bollards shall be painted to match existing building
colors.
• Community Development Department • Planning Division •
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6. The applicant shall secure a building permit for the installation of the enclosure
and bollards. The applicant /developer shall comply with applicable provisions of the
1994 Uniform Building, Plumbing and Mechanical Codes, 1993 National Electrical
Code, California Administrative Code, Title 24, and the Cypress City Code.
7. The enclosure shall not be used for the storage of items other than the previously
permitted equipment.
8. 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 I the amount of Thirty -Eight Dollars ($38.00) 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.
Effective 4/12/99
• Community Development Department • Planning Division •