Resolution No. 4872248
RESOLUTION NO. 4872
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE NO. 97 -39 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 18.2 of the Zoning Ordinance of the City of Cypress to
construct an entry canopy in front of the Bandai building located at 5551 Katella Avenue in the
PC -3 Planned Community Business Park Zone.
2. That in accordance with Section 18.3 of the Cypress Zoning Ordinance, the
Design Review Committee reviewed and approved this request on October 30, 1997.
3. That in accordance with Section 18.4 of the Cypress Zoning Ordinance, the
decision of the Design Review Committee on this project was reported to the City Council on
November 10, 1997, during a public meeting of the City Council.
4. That in accordance with Section 18.4 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 to provide for a physical mix of land uses and allow for a well
designed business park which can respond to changing future market
conditions and improve the physical characteristics of the City.
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 canopy will be compatible and consistent with the
exterior materials and colors of the Bandai Building.
(2) The proposed canopy will be visually compatible with other
developments located on surrounding properties within the same Zone.
c. The project, as conditioned, will comply with each of the applicable
provisions of the Cypress Zoning Ordinance and McDonnell Center Amended Specific Plan
except for approved variances.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Design Review Committee No. 97 -39, 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 10th day of November , 1997.
MAYOR OF THE CITY OF CYPRESS
249
ATTEST:
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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 10th day of November , 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
oh .
CITY CLERK OF THE CITY OF CYPRESS
250
EXHIBIT "A"
DESIGN REVIEW COMMITTEE NO. 97 -39
5551 Katella Avenue
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
Bolded conditions indicate those that are 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 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. The color of the canopy support structure shall match the color of the main building and shall
be constructed as illustrated on the plans submitted and approved by the Design Review
Committee.
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 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.
BUILDING DEPARTMENT CONDITIONS
6. Applicant/developer shall comply with applicable provisions of the 1994 Uniform Building,
• Community Development Department • Planning Division •
Exhibit "A"
Design Review Committee No. 97 -39
Conditions of Approval
251
Page 2
Plumbing and Mechanical Codes. 1993 National Electrical Code, California Code of
Regulations, Title 24, and the Code of the City of Cypress
7. An automatic fire sprinkler system, approved by the Fire Marshal, may be required.
8. Type 5 cement shall be used for all foundations and slabs on grade.
9. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. moisture
barrier.
FIRE AUTHORITY CONDITIONS
10. Prior to the issuance of any building permits, plans for the automatic fire sprinkler system shall
be submitted to and approved by the Fire Chief prior to installation. This system shall be
operational prior to the issuance of a Certificate of Use and Occupancy
11. Prior to the issuance of any building permits, the applicant shall submit a site plan to the
Orange County Fire Authoirty Plan Review Section for their review.
Effective 11/10/97
• Community Development Department • Planning Division •