Resolution No. 5182RESOLUTION NO. 5182
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE PERMIT NO. 99-42 - 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 install security gates for Bandai America located at 5551 Katella Avenue, within the PC -3
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 November 18, 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
December 13, 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 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 an area for the development of high quality office, industrial
warehouse, and commercial type uses.
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 proposed security gates are consistent with the design
guidelines of the McDonnell Center Specific Plan and City of Cypress Zoning
Ordinance.
(2) The proposed security gates are consistent with other developments
located within the Cypress Business Park.
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 -42, 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 13th day of December , 1999.
/v
MAYOR OF THE CITY 0 RESS
305
ATTEST:
cAQ:1(2.-
C ITERK OF THE
CITY OF CYPRESS
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 13th day of December , 1999, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Keenan, McCoy, McGill, Sondhi and Piercy
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Cr 'Y CLERK OF THE CITT(Y OF CYPRESS
OF C S
306
EXHIBIT "A"
Design Review Committee Permit No. 99 -42
5551 Katella Avenue
CONDITIONS OF APPROVAL
Bolded conditions represent those 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 (§ 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. 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 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.
• Community Development Department • Planning Division •
307
Exhibit "A"
Design Review Committee Permit No. 99 -42
Conditions of Approval
Page 2
5. The gate arms, controllers, and card readers shall be installed as illustrated on the
approved plans. An intercom system shall be provided at each card reader which will
allow the gate to be operated from within the main building.
6. Knox boxes and /or key switch overrides shall be provided at both entrances to allow
emergency vehicle access.
7. All barrier gates shall contain reflectorized material or be illuminated during hours of
darkness.
8. Vehicle detection loops shall be provided at all exits to allow adequate egress from the
site.
9. 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.
10. Type 5 cement shall be used for all foundations and slabs on grade.
11. The applicant shall submit and obtain the Fire Chief's approval for the construction
of the gates prior to installation. Plans for the gates shall be submitted through the
Cypress Building Division using Orange County Fire Authority service code #1.13.
Effective 12/13/99
• Community Development Department • Planning Division •