Resolution No. 5205414
RESOLUTION NO. 5205
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE PERMIT NO. 99 -43 - 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 outdoor electrical equipment to facilitate connection to a portable
emergency generator trailer to service the existing office building located at 6803 International
Avenue in the PC -1 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 February 10, 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 28, 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 -1 Planned Community Business Park
Zone in which the site is located, which is:
Intended as a coordinated project area involving a mixture of business
park, commercial, and office 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 -1 Planned Community
Business Park Zone.
(3) The proposed project will not displace any existing parking stalls
nor interfere with road and driveway access to /from the site.
(4) A noise analysis of the proposed project, including the temporary
emergency generator, concluded that no noise impacts on surrounding properties
will result from the proposed project.
c. The proposed project, as conditioned, will comply with each of the
applicable provisions of the Cypress Zoning Ordinance and the Cypress -Lusk Industrial Park
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 -43, subject to the
conditions attached hereto as Exhibit "A".
415
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 28th day of February 2000.
ea YOR OF THE CITY 0 PRESS
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 28th 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
416
EXHIBIT "A"
Design Review Committee Permit No. 99 -43
6803 International 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 Kg. - 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 -43 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 Certificate of Fee Exemption in accordance with the Notice of
• Community Development Department • Planning Division •
417
Exhibit "A"
Design Review Committee Permit No. 99 -43
Conditions of Approval
Page 2
Determination 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.
ENGINEERING CONDITIONS
6. Applicant shall obtain a City Public Works Permit to temporarily park the generator
trailer on International Avenue for emergency use. If City Hall is closed at the time of
needed use of the generator trailer, the applicant shall obtain a permit as soon as City
Hall reopens.
COMMUNITY DEVELOPMENT CONDITIONS
7. The proposed exterior improvements shall be constructed as approved by the Design
Review Committee. Final site plan drawings shall be submitted to the Community
Development Department for review and stamped approval prior to the issuance of building
permits.
8. All equipment enclosure cabinets shall be painted to match existing cabinets at the
rear of the building. Cabinet color finishes shall be subject to review and approval by
the Community Development Department.
9. The electrical tap box located in the front . landscape planter area shall be screened
with additional plant materials. A site plan illustrating the location, number, and
types of plant materials shall be submitted to the Community Development
Department for review and stamped approval prior to the issuance of building
permits.
10. Should substantiated complaints be received that the subject accessory electrical
facility is creating adverse impacts on adjacent property owners, measures shall be
taken to resolve the problem to the satisfaction of the Community Development
Department and the Design Review Committee.
BUILDING CONDITIONS
11. 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.
12. Type 5 cement shall be used for all foundations and slabs on grade.
• Community Development Department • Planning Division •
418
Exhibit "A"
Design Review Committee Permit No. 99 -43
Conditions of Approval
Page 3
13. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
FIRE CONDITIONS
14. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to final sign -off of the building permit.
Effective 2 -28 -00
• Community Development Department • Planning Division •