Resolution No. 4717237
RESOLUTION NO. 4717
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE NO. 96 -34 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 install replacement
screening trees along a portion of the west property line at the rear of the Mervyn's shopping
Center located at 10201 Valley View Street in the CG Commercial General 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 31, 1996, at which
it approved the planting of the replacement trees at the rear of the Mervyn's Shopping Center
on property located at 10201 Valley View Street.
3. That the decision of the Design Review Committee on Design Review Committee
No. 96 -34 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 for the location of retail and wholesale commercial
activities.
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 are in accord with the
objectives of the CG Commercial General 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 -34, 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 12th day of November , 1996.
MAYOR OF THE ITY OF CYPRESS
238
ATTEST:
V'\
CITY LERK 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 12th day of November , 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
2
CITY CLERK OF THE CITY OF CYPRESS
239
EXHIBIT "A"
DESIGN REVIEW COMMITTEE NO. 96 -34
10201 Valley View Street
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
* Denotes conditions specific to this project, which are not included in the City's list of
Standard Conditions of A- proval.
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. 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 a spacing between 7' -6" and 8' -0" on center.
5. Sufficient irrigation shall be provided and maintained in good 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 11/12/96
• Community Development Department • Planning Division •