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Resolution No. 4710216 RESOLUTION NO. 4710 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO DESIGN REVIEW COMMITTEE NO. 87 -24 - 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 in accordance with the provisions of Section 18.2 of the Zoning Ordinance of the City of Cypress to add sixty -four (64) additional parking stalls at Mitsubishi Headquarters located at 6450 Katella Avenue in the PC -2 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 October 10, 1996, at which it approved the installation of the additional parking stalls within an existing facility. 3. That the decision of the Design Review Committee on Amendment to Design Review Committee No. 87 -24 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 as an area to encourage the establishment of a planned community of balanced commercial and research /development uses in an area where it is deemed desirable to provide for varied business facilities and to establish standards of design and type of use which will enhance the area. 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 parking expansion complies with the General Plan and the provisions of the Cypress Corporate Center Specific Plan PC -2. (2) The additional sixty -four (64) parking stalls will satisfy the parking demand of the existing Mitsubishi Headquarters. (3) The site will be improved with additional landscaping as a result of the expanded parking area. c. The proposed project will comply with each of the applicable provisions of the Zoning Ordinance. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Amendment to Design Review Committee No. 87 -24. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 28th day of October , 1996. 1 MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 217 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 28th day of October , 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 218 EXHIBIT "A" Amendment to Design Review Committee No. 87 -24 6450 Katella Avenue CONDITIONS OF APPROVAL GENERAL CONDITIONS * Bold Denotes Condition 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 seq. - 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. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a final inspection. 4. 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 • 219 Exhibit "A" Amendment to Design Review Committee No. 87 -24 Conditions of Approval ENGINEERING CONDITIONS Page 2 5. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan, in ink on Mylar, signed by a registered California civil engineer and using actual grades from an Orange County Surveyor's Benchmark shall be submitted for approval. A topography of the area surrounding this development shall be made to establish existing drainage flow patterns. If the existing natural flow of any adjoining parcel is across the land of this development, a drainage easement shall be granted and drainage facilities provided for that property to the satisfaction of the City Engineer. All onsite drainage conveyed to the street shall be by means of an under - sidewalk drain. All lots shall have a slope gradient of one percent (1 %) minimum in landscape areas. In parking areas, AC shall have a minimum slope gradient of one and one -half percent (1.5 %) or as approved by the City Engineer, and concrete shall have a minimum slope gradient of two - tenths percent. (.2 %). 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. The quantity, location, width, and type of driveways shall be subject to the approval of the City Engineer. No landscaping in excess of three feet (3') high will be allowed in the area of the curb returns. Adequate sight distance also shall be maintained within the development at all driveway intersections to the satisfaction of the City Engineer. 8. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: • Engineering Plan Check & Inspection Fee (Per Resolution 2964). • Grading Plan Check and Permit (Per Resolution 2964 & 3662). • All applicable Building Department fees. PLANNING CONDITIONS 9. Any expansion or modification of the approved use beyond what is approved as part of the Amendment to Design Review Committee No. 87 -24 will require an amendment to the conditional use permit. 10. Onsite parking lot lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. • Community Development Department • Planning Division • 220 Exhibit "A" Amendment to Design Review Committee No. 87 -24 Conditions of Approval Page 3 11. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only." 12. Parking for the handicapped shall be provided in accordance with State requirements. 13. A detailed landscape and automatic irrigation plan shall be submitted to the Community Development Department for review and approval at least sixty (60) days prior to final inspection. In addition, a bond shall be posted with the Public Works Department to guarantee against defects in plant materials and workmanship. 14. A redwood landscape retainer, a minimum of two inches by six inches (2" x 6 ") in size, shall be installed along all property lines where necessary to retain the landscape planters until adjoining properties are developed. 15. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size of a variety approved by the Community Development Director. 16. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. 17. Parking lot surfaces and pedestrian walkways shall be maintained in a safe condition such that any concrete, asphalt, or other driving or walking surfaces are free of potholes, buckled or cracked surfaces, or raised areas. 18* Any changes to the occupancy of all facilities established at the Mitsubishi Headquarters shall require a full analysis of the parking demand needs. Effective 10/28/96 • Community Development Department • Planning Division •