Resolution No. 4593284
RESOLUTION NO. 4593
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE NO. 96 -2 - 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 Committee approval in
accordance with the provisions of Section 18 of the Zoning Ordinance of the City of Cypress
to construct a maintenance yard and 10,000 square foot pre -fab storage building located at 4961
Katella Avenue.
2. That in accordance with the provisions of Section 18.3 of the City of Cypress
Zoning Ordinance, the Design Review Committee reviewed this request on January 25, 1996,
at which time it approved the construction of maintenance yard and pre -fab storage building
located at 4961 Katella Avenue in the PS Public Semi- public Zone.
3. That the decision of the Design Review Committee for Design Review Committee
No. 96 -2 was reported to the City Council on February 12, 1996.
4. That the City Council hereby finds that:
a. The proposed location of the maintenance yard and building are in accord
with the objectives of the Zoning Ordinance and the purpose of the zone in which the site
is located is:
Intended to result in development of a general business - office character
which compliments surrounding, existing and planned land uses.
b. The proposed location of the maintenance yard and building and the
conditions under which they will be 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 maintenance yard and
building are in accord with the objectives of this Ordinance and the Cypress
Business and Professional Center Specific Plan.
(2) The yard and building 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 maintenance yard and building will comply with each of the
applicable provisions of the Zoning Ordinance except for approved variances or
adjustments.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Design Review Committee No. 96 -2, 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 February • 1996.
MAYOR OF THE CITY OF CYPRESS
285
ATTEST:
CTIY CLERK 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 February , 1996, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Carroll, Jones, Kerry and Bowman
NOES: 0 COUNCIL MEMBERS: one
ABSENT: 1 COUNCIL MEMBERS: Age
CITY CLERK OF THE CITY OF CYPRESS
286
EXHIBIT "A"
Design Review Committee No. 96 -2
4961 Katella 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 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 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 shall submit a detailed landscaping and irrigation plan to the Cypress
Planning Department prior to construction.
4. The applicant/developer shall comply with all provisions of the Code of the City of
Cypress.
5. 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.
6. All requirements of the Orange County Fire Marshal's Office shall be complied with prior
to a Certificate of Occupancy being issued.
• Community Development Department • Planning Division •
287
Exhibit "A"
Design Review Committee No. 96 -2
Conditions of Approval
Page 2
7. All applicable conditions of Design Review Committee No. 96 -2 shall be complied with
prior to occupancy of the subject building.
8. The applicant shall install landscaping or obscure fencing material around the perimeter
of the maintenance yard area to adequately screen the use to the satisfaction of the
Planning Department.
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.
ENGINEERING CONDITIONS
10. The applicant shall agree to pay all applicable Engineering Department fees.
BUILDING CONDITIONS
11. 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.
12. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed.
13. Applicant /developer shall comply with all disclosure requirements of the Orange County
Fire Authority for hazardous materials use and /or storage and the South Coast Air Quality
Management District for exhaustion of air contaminants.
14. Type 5 cement shall be used for all foundations and slabs on grade.
15. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
16. A soil investigation report shall be submitted with the plans for plan check. Report shall
include soil bearing capacity, seismic study, grading, paving, sulfate test and other
pertinent information under good engineering practice.
Effective 2/12/96
• Community Development Department • Planning Division •