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Resolution No. 4824RESOLUTION NO. 4824 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO DESIGN REVIEW COMMITTEE NO. 86 -21 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 Design Review approval in accordance with the provisions of Section 18.2 of the Zoning Ordinance of the City of Cypress to modify the parking lot area of the Sony Building located at 10833 Valley View Street in the PC -3 Planned Community Business Park Zone. The modifications are designed to bring the property into conformance with Title 24 State Disabled Access Regulations, regarding handicap parking spaces. 2. That in accordance with the provisions of Section 18.3 of the City of Cypress Zoning Ordinance, the Design Review Committee held a meeting on June 26, 1997, at which time it approved the modification of the parking lot area. 3. That the decision of the Design Review Committee on Amendment to Design Review Committee No. 86 -21 was reported to the City Council at the next regular Council meeting following the date of the action by the Committee. 4. 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 of the zone in which the site is located is: Intended to provide opportunity for a variety of high quality office, industrial, and commercial tenants consistent with the City's General Plan and the McDonnell Center Amended Specific Plan. b. The proposed modifications to the parking lot area and the conditions under which it will be 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 modifications are consistent with the applicable development standards and design guidelines set forth in the McDonnell Center Amended Specific Plan. (2) The proposed modifications will be compatible with the surrounding Business Park developments and will not prove detrimental to the character of buildings or uses already established in the area. c. The proposed modifications will comply with applicable provisions of the Cypress Zoning Ordinance and McDonnell Center Amended Specific Plan with the exception of required parking for which an administrative adjustment has been approved. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Amendment to Design Review Committee No. 86 -21, 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 July , 1997. MAYOR OF THE CITY OF CYPRESS ATTEST: 85 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 July , 1997, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bowman, Jones, Keenan, Piercy and Carroll NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE CITY OF CYPRESS 86 EXHIBIT "A" AMENDMENT TO DESIGN REVIEW COMMITTEE NO. 86 -21 10833 Valley View Street CONDITIONS OF APPROVAL * Bolded Conditions are those 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, 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. Applicant /developer shall comply with applicable provisions of the 1994 Uniform Building, Plumbing and Mechanical Codes, 1993 National Electrical Code, California Code of Regulations, Title 24, and the Code of the City of Cypress. 4. All improvements shall be constructed in accordance with Title 24 State Disabled Access Regulations of the California Building Code and as illustrated on the plans submitted. 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 required under Public Resources Code Section 21152. 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 7/14/97 • Community Development Department • Planning Division •