Resolution No. 4695159
RESOLUTION NO. 4695
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE NO. 96 -25 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 Committee approval in
accordance with the provisions of Section 18.2 of the Zoning Ordinance of the City of Cypress
to replace screening trees behind the commercial portion of the Target Center located at 6847-
6931 Katella Avenue in the PC -1 Planned Community Business Park 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 August 22, 1996, at which
it approved the replacement of the trees behind the commercial portion of the Target Center.
3. That the decision of the Design Review Committee on Design Review Committee
No. 96 -25 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 commercial uses that can meet high performance and
development standards, while benefiting the community through growth,
prosperity and providing an increasing supply of citizen employment and
services.
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 size and location of the trees is in accord with the
objectives of the PC -1 Planned Community Business Park Zone as well as the
Cypress General Plan and Zoning Ordinance.
(2) The trees are compatible with the surrounding uses and will not
prove detrimental to the character of buildings or uses already established in the
area.
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 -25, 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 September , 1996.
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MAYOR OF THE CITY OF CYPRESS
160
ATTEST:
GAL- LL.,—
Oh -
CI Y 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 September , 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
CITY CLERK OF THE CITY OF CYPRESS
EXHIBIT "A"
161
DESIGN REVIEW COMMITTEE NO. 96 -25
6847 -6931 Katella Avenue
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
* Denotes conditions specific to this project, which are not included in the City's list of
Standard 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. At the time of planting, the trees shall be at least twelve feet (12') in height and six feet (6')
in width and planted at the spacing as shown on the approved plan.
5. Sufficient irrigation shall be provided and maintained in operating condition.
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.
Effective 9/9/96
• Community Development Department • Planning Division •