Resolution No. 5190347
RESOLUTION NO. 5190
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE PERMIT NO. 99-46 - 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 a remodel of existing office and shop area and construction of a new outdoor
work/storage area at the rear of the existing Yamaha Motor Corporation building located at 6555
Katella Avenue, within the PC -1 Planned Community Zone.
2. That in accordance with Section 35.159 of the Cypress Zoning Ordinance, the
Design Review Committee reviewed and approved this project on January 6, 2000.
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
January 24, 2000, 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 modern industrial and research developments and
commercial uses that can meet high performance and development
standards, while benefiting the community through growth, prosperity and
providing an increasing supply of citizen employment and services.
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 project design is compatible and consistent with the
existing building, including size and exterior building materials and color.
(2) The proposed project is compatible with surrounding industrial and
residential properties within the PC -1 Planned Community Business Park and
Residential Single - Family Zones.
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 -46, 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 24th day of January 2000.
MAYOR OF THE CITY 0 RESS
348
ATTEST:
CITY CLERK 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 24th day of January 2000, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
4 COUNCIL MEMBERS: McCoy, McGill, Sondhi and Piercy
0 COUNCIL MEMBERS: None
0 COUNCIL MEMBERS: None
1 COUNCIL MEMBERS: Keenan
CITY CLERK OF THE CITY OF CYPRESS
349
EXHIBIT "A"
Design Review Conunittee Permit No. 99 -46
6555 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 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 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 •
350
Exhibit "A"
Design Review Committee Permit No. 99 -46
Conditions of Approval
COMMUNITY DEVELOPMENT CONDITIONS
Page 2
5. The exterior fencing and canopy structure shall be constructed and installed as approved by
the Design Review Committee and as illustrated on the approved plans. The colors shall
match and/or blend with the existing colors of the building.
6. Should complaints be received regarding the appearance of the outdoor work/storage
area, a landscape screen shall be planted along the north portion of the area to
sufficiently screen the area from the residential neighbors to the north, to the
satisfaction of the Community Development Department.
7. The storage containers located in the outdoor work/storage area shall be painted to
match the building.
8. All tools, including saws, drills, etc. shall be located within the building. The use of
tools in the outdoor storage area is prohibited.
ENGINEERING CONDITIONS
9. All materials and equipment shall be stored within the work/storage area at all times.
10. If any hazardous liquids are stored within the structure, a small berm (containment
dike) shall be constructed around the area where the liquids are stored.
11. Employees shall be properly trained in handling of hazardous spills in the event of an
emergency and be knowledgeable in the application and proper disposal of clean up
materials.
12. Spray painting of all materials shall be conducted only within the approved spray
booth. The applicant /developer shall secure all applicable permits required for the
spray booth operation.
BUILDING CONDITIONS
13. 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.
14. An automatic fire sprinkler system, approved by the Fire Marshal may be required.
15. Applicant/developer shall comply with all disclosure requirements of the Orange County
Fire Authority for hazardous materials use and/or storage and the South Coast Air Quality
Management District for exhausting of air contaminants.
• Community Development Department • Planning Division •
351
Exhibit "A"
Design Review Committee Permit No. 99 -46
Conditions of Approval
16. Type 5 cement shall be used for all foundations and slabs on grade.
Page 3
17. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil
moisture barrier.
FIRE CONDITION
18. Prior to the issuance of any building permits, the applicant shall submit a detailed letter of
intended use for the outdoor storage area to the Fire Chief for review and approval. The
applicant shall also submit plans for the spray booth to the Orange County Fire Authority
prior to the issuance of any building permits. All required permits for the spray booth
shall be secured prior to installation.
Effective 1/24/2000
• Community Development Department • Planning Division •