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Resolution No. 453432 RESOLUTION NO. 4534 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 95 -44 - 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 extend an existing block wall creating an enclosure for a patio /play area at Pacific Care Child Care Facility, located at 5805 Corporate Avenue in the PC -5 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 September 14, 1995, at which it approved the extension the existing block wall enclosing an existing patio area. 3. That the decision of the Design Review Committee on Design Review Committee Permit No. 95 -44 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 the City with a comprehensive set of plans, regulations, conditions and programs for guiding the orderly development of the Cypress View Limited property. It assures the development of the project area as a coordinated project involving a mixture of light industrial /research and development, offices and commercial uses. 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 improvements are consistent with the goals and policies of the Cypress View Limited Specific Plan. (2) The project complies with the development standards of the specific plan. (3) The proposed project will maintain the integrity of the development by incorporating the same material as exists. c. The proposed project will comply with each of the applicable provisions of the Zoning Ordinance and the Cypress Business and Professional Center Specific Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Design Review Committee Permit No. 95 -44, 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 25th day of September , 1995. 1 M YOR OF THE CITY OF IYPRESS — 1r ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DARRELL ESSEX, 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 25th day of September , 1995, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, Jones, Kerry and Age NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK 0 i THE CITY OF CYPRESS 33 34 Ll {- EXHIBIT "A" Design Review Committee Permit No. 95 -44 5805 Corporate Avenue CONDITIONS OF APPROVAL GENERAL CONDITIONS 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 sue. - 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 developers 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 shall be complied with prior to a Certificate of Occupancy being issued. 5. All applicable conditions of Design Review Committee Permit No. 95 -44 shall be complied with prior to final release from the Community Development Department. 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 in the amount of Twenty -five Dollars ($25.00) County administrative fee, to enable the City to file the Notice of Exemption in accordance with Public Resources Code Section 21152. If, within such forty -eight (48) hour period, the applicant/developer has not • Community Development Department • Planning Division • 35 Exhibit "A" Design Review Committee Permit No. 95 -44 Conditions of Approval Page 2 delivered to the Community Development Department the check required above, the approval for the project granted herein shall be void. 7. Materials of proposed block wall extension shall be the same material and color as currently exists. 8. Applicant/developer shall comply with applicable provisions of the 1991 Uniform Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California Code of Regulations, Title 24, and the Code of the City of Cypress. FIRE CONDITIONS 9. Prior to the issuance of any building permits, plans for the automatic fire sprinkler system shall be submitted to and approved by the Fire Chief prior to installation. This system shall be operational prior to the issuance of a Certificate of Use and Occupancy. If sprinkler system exists, provide tenant improvement for area of construction. 10. Prior to the issuance of any building permits, plans for the fire alarm system plans shall be submitted to and approved by the Fire Chief prior to installation. This system shall be operational prior to the issuance of a Certificate of Use and Occupancy. Provide tenant improvement plans for existing fire alarm system. 11. The following notes shall be provided on the site plan: A. Fire Department Final Inspection Required. Schedule inspection two (2) days in advance. Phone (714) 527 -9447. B. Locations and classifications of extinguishers to be determined by the fire inspector. C. Storage, dispensing or use of any flammable and combustible liquids, flammable and compressed gasses and other hazardous materials shall comply with Uniform Fire Code Regulations. D. Building(s) not approved for high piled combustible storage. Materials in closely packed piles shall not exceed 15 feet in height, 12 feet on pallets or in racks and 6 feet for tires, plastics and some flammable liquids if high stock piling, comply with UFC, Art. 81 and NFPA Std. 231, 231C and 231D. E. Plans of modifications to or new fire protection, detector or alarm system(s) shall be approved by the Fire Department prior to installation. • Community Development Department • Planning Division • 36 Exhibit "A" Design Review Committee Permit No. 95 -44 Conditions of Approval Page 3 12. Provide architectural plans with information regarding exiting from area of construction. Information should include type of panic hardware, exit sign, etc. Effective 09/25/95 • Community Development Department • Planning Division •