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Resolution No. 4910400 RESOLUTION NO. 4910 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE NO. 98 -6 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 office area to the existing Universal Electronics building located at 6101 Gateway Drive within the PC-4 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 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 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 office area will be compatible and consistent with the surrounding Business Park developments. (2) The subject office area will not significantly impact the onsite parking in that more than the required number of parking spaces are provided on the project site. 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 -6, 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. 401 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 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 CITY CLERK OF THE CITY OF CYPRESS 402 EXHIBIT "A" DESIGN REVIEW COMMITTEE NO. 98 -6 6101 Gateway Drive 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 se g. - 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 improvements shall be constructed in accordance with the plans as submitted. 5. Additional traffic impact fees may be required by the Cypress Engineering Department. 6. 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. • Community Development Department • Planning Division • 403 Exhibit "A" Design Review Committee No. 98 -6 Conditions of Approval BUILDING DEPARTMENT CONDITION Page 2 7. 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 8. 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 •