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HomeMy WebLinkAboutResolution No. 453537 RESOLUTION NO. 4535 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE NO. 95 -47 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 add approximately 170 square feet of storage area to the rear of an existing building located at 5591 Ball Road 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 September 7, 1995, at which it approved the construction of a 170 square foot addition to an existing commercial building. 3. That the decision of the Design Review Committee on Design Review Committee No. 95 -47 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 improvements are consistent with the General Plan and the Zoning Ordinance. (2) The project complies with the development standards of the CG Commercial General Zone. (3) The proposed addition will not adversely impact the adjacent commercial uses in that the exterior of the addition will match that of the existing building. 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 Design Review Committee No. 95 -47, 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. AYOR OF THE CITY OF RESS 38 ATTEST: 6�� CITY CLE OFT E CITY OF CYPRESS 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 2 //i/ /1- t ee CITY CLERK OF T CITY OF CYPRESS EXHIBIT "A" DESIGN REVIEW COMMITTEE NO. 95 -47 5591 Ball Road 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 sse. - 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, Orange County Health Department, and Cypress Building and Safety Department shall be satisfied prior to commencement of the business operation. 4. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued. 5. The applicant shall obtain a Cypress business license prior to commencement of the business operation. 6. All applicable conditions of Design Review Committee No. 95 -47 shall be complied with prior to occupancy of the subject building. • Community Development Department • Planning Division • 39 40 / i r Exhibit "A" Design Review Committee No. 95 -47 Conditions of Approval Page 2 7. All business activity shall occur within the building. Temporary use permits may be granted for outdoor activity in accordance with Section 13.1 of the Cypress Zoning Ordinance. 8. The applicant shall submit final exterior elevations showing the placement of the windows prior to submittal of building permits. 9. 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 required under Public Resources Code Section 21152. 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: 09/25/95 • Community Development Department • Planning Division •