Resolution No. 49093 14
RESOLUTION NO. 4909
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE NO. 98-4 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
add mechanical equipment to the exterior of the Cleveland Golf building located at 5630 Cerritos
Avenue within the PC -5 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 project on February 26, 1998.
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
March 9, 1998, 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 fmds 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 allow for a well designed Business Park and a physical mix of
land uses that can respond to changing future market conditions and
providing a range of employment opportunities.
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 mechanical equipment will be screened from adjacent
highways and residential uses and will therefore be compatible and consistent with
the surrounding developments.
(2) The subject mechanical equipment will not reduce the number of
onsite parking spaces and will be conditioned so that noise will not impact the
surrounding uses.
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 No. 98 -4, 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 9th day of March , 1998.
MAYO F TH 'CITY OF CYPRESS
397
ATTEST:
a ',al . 4=41--.0
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 9th day of March , 1998, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, Keenan, Piercy and Jones
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
a.
CIT Y CL RK OF THE CIT Y
OF CYPRESS
398
EXHIBIT "A"
DESIGN REVIEW COMMITTEE NO. 98 -4
5630 Cerritos Avenue
Bolded conditions are those that are specific to this project.
CONDITIONS OF APPROVAL
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 seg. - 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 existing public improvements at the development site which are damaged due to
construction, cracked, or otherwise below standard, shall be removed and replaced to the
satisfaction of the City Engineer.
5. Noise generated from exterior mechanical or related equipment shall not exceed the
noise standards contained in the Cypress Noise Ordinance. Noise attenuation methods
shall be employed in the event any equipment fails to meet these standards.
6. All exterior mechanical and related equipment shall be screened by an enclosure or
painted to match the building in accordance with the plans approved.
7. Screening materials shall be reviewed and approved by the Community Development
• Community Development Department • Planning Division •
399
Exhibit "A"
Design Review Committee No. 98 -4
Conditions of Approval
Page 2
Department to insure consistency with Design Review Committee No. 98 -4 prior to the
issuance of building permits. The exterior color shall match the existing building and
should be submitted to City staff for review and approval prior to painting the
equipment.
8. Exhaust from the mechanical equipment shall be performed in accordance with South
Coast Air Quality Management District requirements, if applicable.
9. All roof mounted equipment, such as heating and air conditioning units, shall be adequately
screened from public view subject to the approval of City staff.
10. Landscape vines shall be planted in the areas of the equipment screens in order to screen the
enclosures from the adjacent uses.
11. 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 CONDITION
12. 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.
FIRE DEPARTMENT CONDITION
13. Prior to the issuance of a building permit, the applicant shall submit plans for the review and
approval of the Fire Chief. The applicant shall include information on the plans required by
the Fire Chief. Contact the Orange County Fire Authority Plans Review Section at (714)
744 -0403 for the Fire Safety Site /Architectural Notes to be placed on the plans.
Effective 3/9/98
• Community Development Department • Planning Division •