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Resolution No. 4675RESOLUTION NO. 4675 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE NO. 96 -19 - 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 in accordance with the provisions of Section 18.2 of the Zoning Ordinance of the City of Cypress to construct a 545 square foot storage room /trash enclosure on the Cypress Senior Citizens Center property located at 9031 Grindlay Street in the PS Public and Semi - public Zone. 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 July 12, 1996, at which it approved the construction of the 545 square foot storage room /trash enclosure building. 3. That the decision of the Design Review Committee on Design Review Committee No. 96 -19 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 permit adequate identification of areas reserved and developed for public uses other than street rights -of -way, to provide for expansion of their operations or change in use, and to identify and preserve areas of historic and community significance for the enjoyment of future generations. 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 proposed project will be consistent with the General Plan and the Zoning Ordinance. (2) The proposed project does not conflict with the development standards of the PS Public and Semi - public Zone. (3) The proposed project will not adversely impact the adjacent uses in that the building will be consistent with the other building located on this property. c. The proposed project will comply with applicable provisions of the Zoning Ordinance. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Design Review Committee No. 96 -19, 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 22nd day of July , 1996. MAYOR OF THE 67 68 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 22nd day of July , 1996, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None �;-_ Oh ,m..,.:0. CITY CLERK OF THE CITY OF CYPRESS 69 EXHIBIT "A" DESIGN REVIEW COMMITTEE NO. 96 -19 9031 Grindlay Street CONDITIONS OF APPROVAL * DENOTES CONDITIONS WHICH 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 se q. - 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 requirements of the Orange County Fire Marshal's Office and Cypress Building and Safety Department shall be satisfied prior to the use of the building. *5. All requirements of the Orange County Fire Authority shall be complied with prior to use of the structures. 6. 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. 7. All architectural treatments shall be constructed as illustrated on plans and renderings submitted. The final exterior color scheme shall be submitted to City staff for review and approval prior to actually painting the structure. Community Development Department • Planning Division 70 Exhibit "A" Design Review Committee No. 96 -19 Conditions of Approval Page 2 8. All applicable conditions of Design Review Committee No. 96 -19 shall be complied with prior to use of the subject structures. 9. All walls, fences and trash enclosures shall be maintained free of significant surface cracks, dry rot, warping, missing panels or blocks which threaten the structure's structural integrity or appearance. 10. 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. *11. Applicant/developer shall comply with all disclosure requirements of the Orange County Fire Authority for hazardous materials use and/or storage. 12. Type 5 cement shall be used for all foundations and slabs on grade. 13. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. moisture barrier. 14. 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. Effective 7/22/96 Community Development Department • Planning Division