Resolution No. 454255
RESOLUTION NO. 4542
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE NO. 95 -48 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 an eight (8')
foot high block wall in the loading area and approval of the proposed landscape plan for the
Diamond Sports building located at 11130 Warland Drive in the PC -4 Planned Community
Business Park Zone.
2. That in accordance with the provisions of Section 18.3 of the City of Cypress
Zoning Ordinance, the Design Review Committee reviewed the proposed plans and approved
the addition of the eight (8') foot high block wall in the loading area and approved the landscape
plan in concept with the condition that additional landscaping may be required along the north
property line to fully screen the loading area and that the trees along Warland Drive shall be
changed to Liriodendron Tulipifera (Tulip Tree).
3. That the decision of the Design Review Committee on Design Review Committee
No. 95 -48 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 allow for a well designed business park providing for a
physical mix of land uses and establishing a development program through which a
quality business environment may be realized, to further provide a range of employment
opportunities, and to implement a variety of commercial, office, and industrial land 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 wall and landscape plan are consistent with the
General Plan, Zoning Ordinance and the Warland /Cypress Business Center
Specific Plan.
(2) The proposed wall and landscape plan comply with the
development standards of the Warland /Cypress Business Center Specific Plan.
(3) The proposed wall and landscaping plan will not adversely impact
the adjacent uses in that the landscaping will be consistent with what has been
approved for similar buildings in this zone.
c. The proposed wall and landscaping plan will comply with the applicable
provisions of the Warland /Cypress Business Center Specific Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Design Review Committee No. 95 -48, 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 10th day of October , 1995.
1,4A-2,-..-11
•
AYOR OF THE CITY OF eYPRESS
56
ATTEST:
CITY C OF HE CI OF CYPRESS
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
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 10th day of October , 1995, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bowman, Carroll, Jones and Kerry
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Age
2
CITY CLERK 0 THE CITY CYPRESS
57
EXHIBIT "A"
DESIGN REVIEW COMMITTEE NO. 95 -48
11130 Warland Drive
CONDITIONS OF APPROVAL
1. The applicant shall replace the eight (8) Platanus Acerifolia 'Bloodgood' , "London Plane"
trees on Warland Drive with eight (8) Liriodendron Tulipifera "Tulip" trees as required
by the City's Director of Public Works.
2. Additional trees and landscaping may be required along the north property line to
sufficiently screen the loading area from Katella Avenue and Valley View Streets. Ten
(10) days prior to the issuance of Certificate of Occupancy for the building, the Design
Review Committee shall inspect the landscaping along the north property line to verify
if additional landscaping will be required.
3. The eight foot (8') high block wall in the loading area shall be painted to match the
building.
4. 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.
5. 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.
• Community Development Department • Planning Division •
58
Exhibit "A"
Design Review Committee No. 95 -48
Conditions of Approval
Page 2
6. The applicant /developer shall comply with all provisions of the Code of the City of
Cypress.
7. 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 10/10/95
• Community Development Department • Planning Division •