Resolution No. 4594288
RESOLUTION NO. 4594
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE NO. 96 -5 - 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 install landscaping along the north property line of the Target building located at 6847 -6947
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 February 1, 1996,
at which time it approved the installation of landscaping trees along the north property line of
the Target building located at 6847 -6947 Katella Avenue in the PC -1 Planned Community
Business Park Zone.
3. That the decision of the Design Review Committee for Design Review Committee
No. 96 -5 was reported to the City Council on February 12, 1996.
4. That the City Council hereby finds that:
a. The proposed location of the trees 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 commercial uses that can meet high performance and
development standards, while benefiting the community through growth,
prosperity and providing an increasing supply of citizen employment and
services.
b. The proposed location of the trees 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 trees is in accord with the
objectives of this Ordinance and the Warland /Cypress Business Center Specific
Plan.
(2) The trees 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 project 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 -5, 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 C Y OF CYPRESS
ATTEST:
CITY 'CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
289
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: None
ABSENT: 1 COUNCIL MEMBERS: Jones
CITY CLERK OF THE CITY OF CYPRESS
290
EXHIBIT "A"
Design Review Committee No. 96 -5
6847 -6947 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 /developer shall comply with all provisions of the Code of the City of
Cypress.
4. At the time of planting, the trees shall be at least twelve feet (12') in height and 6 feet
(6') in width and planted at the spacing as shown on the approved plan.
5. 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 2/12/96
• Community Development Department • Planning Division •