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Resolution No. 4775444 RESOLUTION NO. 4775 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE NO. 97 -12 - 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 approval in accordance with the provisions of Section 18.2 of the Zoning Ordinance of the City of Cypress to install a 2,000 gallon above ground fuel storage tank within the maintenance yard area of the Los Alamitos Race Course located at 4961 Katella Avenue 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 April 3, 1997, at which time it approved the installation of the above ground fuel storage tank. 3. That the decision of the Design Review Committee on Design Review Committee No. 97 -12 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 provide compatible and accessory uses for the continuation of the race track use while maintaining consistency with goals, objectives, and policies of the Cypress General Plan. b. The proposed location of the tank 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 use of the tank is in accord with the objectives of this Ordinance and the Cypress Business and Professional Center Specific Plan. (2) The proposed storage tank is 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 storage tank will comply with 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. 97 -12, 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 14th day of April , 1997. MAYOR OF THE CITY OF YPRESS ATTEST: aM Oh CITY C ERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 445 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 14th day of April , 1997, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bowman, Jones, Keenan, Piercy and Carroll NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None OV\• CITY CLERK OF THE CITY OF CYPRESS 446 EXHIBIT "A" DESIGN REVIEW COMMITTEE NO. 97 -12 4961 Katella Avenue CONDITIONS OF APPROVAL GENERAL CONDITIONS * Bolded Conditions are those 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. 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. 4. Prior to installation of the tank, the applicant shall secure permits from all appropriate agencies, including the South Coast Air Quality Management District, Orange County Fire Authority, and the Cypress Building and Safety Department. 5. Installation of the fuel facility shall include implementation of stormwater runoff preventative measures designed to minimize pollutants from entering the stormdrain system in compliance with NPDES. Proof of these measures shall be submitted to the Cypress Public Works Department prior to issuance of building permits. 6. Sufficient landscaping shall be provided around the maintenance area to screen the fuel facility from the Race Course parking lot area. 7. All requirements of the Orange County Fire Marshal's Office and the Cypress Building and Safety Department shall be satisfied prior to utilization of the tank. • Community Development Department • Planning Division • 447 Exhibit "A" Design Review Committee Permit No. 97 -12 Conditions of Approval Page 2 8. All applicable conditions of Design Review Committee No. 96 -12 shall be complied with prior to utilization of the fuel storage tank. FIRE AUTHORITY CONDITIONS 9. Prior to the issuance of building permits, the applicant shall contact the Orange County Fire Authority Hazardous Materials Disclosure Office at (714) 744 -0463 to obtain a "Hazardous Materials Business Information and Chemical Inventory Packet". This shall be completed and submitted to the Fire Chief before the issuance of any building permits. 10. Prior to the installation of the above ground tanks, plans shall be submitted to the Fire Chief for review and approval. Revised 4/15/97 • Community Development Department • Planning Division •