Resolution No. 5196375
RESOLUTION NO. 5196
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE PERMIT NO. 99 -50 - 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 emergency back -up generator, construction of a masonry
enclosure, construction of a handicapped access ramp, and installation of storefront glass doors
on the existing building located at 5785 Corporate Avenue in the PC -5 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 January 20, 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
February 14, 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 PC -5 Planned Community Business Park
Zone in which the site is located, which is:
Intended to assure development of the Specific Plan project area as a
coordinated project involving a mixture of light industrial /research and
development, offices and commercial 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 subject project design is compatible and consistent with the
existing building, including size and exterior building materials and color.
(2) The subject project is compatible with surrounding light industrial
and office uses located on properties within the PC -5 Planned Community
Business Park Zone.
c. The proposed project, as conditioned, will comply with each of the
applicable provisions of the Cypress Zoning Ordinance and the Cypress View Limited Specific
Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Design Review Committee Permit No. 99 -50, 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 14th day of February , 2000.
376
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 14th day of February , 2000, 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
CITY CLERK OF THE CITY OF CYPRESS
377
EXHIBIT "A"
Design Review Committee Permit No. 99 -50
5785 Corporate 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. All applicable conditions of Design Review Committee Permit No. 99 -50 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 Thirty-Eight Dollars ($38.00) County administrative fee, to
enable the City to file the Notice of Determination pursuant to Fish and Game Code
§711.4 and California Code of Regulations, Title 14, section 753.5. If within such forty-
• Community Development Department • Planning Division •
378
Exhibit "A"
Design Review Committee Permit No. 99 -50
Conditions of Approval
Page 2
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.
ENGINEERING CONDITIONS
6. In compliance with the requirements of the National Pollution Discharge Elimination
System (NPDES), the generator enclosure shall be covered with a canopy, roof, or
other approved housing method, to prevent potential storm water run -off and spread
of contaminants from the generator. Additionally, the masonry enclosure shall
contain a concrete berm/curb behind the wrought iron access gate to prevent any fuel
or other hazardous fluids from spreading outside the enclosure and entering the water
drainage system. If drainage holes are constructed in the masonry enclosure walls,
the protective containment curbing shall instead surround the base of the generator
foundation pad.
7. Maintenance 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.
COMMUNITY DEVELOPMENT CONDITIONS
8. The proposed exterior improvements shall be constructed as approved by the Design
Review Committee. All materials, windows, exterior walls, and other architectural features
of the proposed improvements shall match existing materials 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.
BUILDING CONDITIONS
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. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
FIRE CONDITIONS
12. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to final sign -off of the building permit.
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3?
Exhibit "A"
Design Review Committee Permit No. 99 -50
Conditions of Approval
Page 3
13. Prior to the approval of an use /site permit(s), issuance of any grading permits or building
permits, whichever occurs first, the applicant shall submit to the Fire Chief a list of the
quantities of all hazardous, flammable and combustible materials, liquids or gases to be
stored, used, or handled on site. These liquids and materials shall be classified according
to the Uniform Fire Code using the "Orange County Fire Authority Chemical
Classification Handout ". The submittal shall provide a summary sheet listing each
hazard class, the total quantity of chemicals stored per class and the total quantity of
chemicals used in that class. All forms of materials are to be converted to units of
measure in pounds, gallons and cubic feet.
14. Prior to the issuance of a building permit, the applicant shall contact the Orange County
Fire Authority Hazardous Materials Disclosure Office at (714) 744 -0463 to obtain a
"Hazardous Materials Business Information and Chemical Inventory Packet ". This shall
be completed and submitted to the Fire Chief prior to the issuance of a building permit.
15. Prior to the issuance of a building permit or installation of an aboveground or an
underground fuel tank, plans shall be submitted to the Fire Chief for review and approval.
Effective 2 -14 -00
• Community Development Department • Planning Division •