Resolution No. 4605RESOLUTION NO. 4605
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE NO. 96 -6 - 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 an underground fuel storage tank within the maintenance yard area of the Los Alamitos
Race Course located at 4961 Katelia 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 29, 1996,
at which time it approved the installation of the underground fuel storage tank within the
maintenance yard area of the Los Alamitos Race Course located at 4961 Katelia Avenue in the
PS Public and Semi - public Zone.
3. That the decision of the Design Review Committee for Design Review Committee
No. 96 -6 was reported to the City Council on March 11, 1996.
4. That the City Council hereby finds that:
a. The proposed location of the use 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 compatible and accessory uses for the continuation of
the race track use while maintaining consistency with goals, objectives,
and policies of the Cypress General Plan.
b. The proposed location of the tank 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 use of the tank is in accord with the objectives of this
Ordinance and the Cypress Business and Professional Center Specific Plan.
(2) The proposed tank is 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 installation of the tank 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 -6, 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 11th day of March , 1996.
MAYOR OF THE C TY OF CYPRESS
ATTEST:
Ak:Q„a„:_
CrrY CLERK OF THE CITY OF CYPRESS
331
332
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 11th day of March , 1996, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Carroll , Jones, Kerry and
Bowman
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
333
EXHIBIT "A"
Design Review Committee No. 96 -6
4961 Katelia 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 developer's 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 pay all applicable Building Department fees and comply
with all provisions of the Code of the City of Cypress.
4. Prior to installation of the tank, the applicant shall secure permits from all appropriate
agencies, including the South Coast Air Quality Management District, Orange County
Fire Authority, and the Cypress Building and Safety Department.
5. Installation of the fuel facility shall include implementation of stormwater runoff
preventative measures designed to minimize pollutants from entering the stormdrain
system in compliance with the NPDES. Proof of these measures shall be submitted to
the Cypress Public Works Department prior to issuance of building permits.
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 Thirty -Eight Dollars ($38.00) County administrative
• Community Development Department • Planning Division •
334
Exhibit "A"
Design Review Committee No. 96 -6
Conditions of Approval
Page 2
fee, to enable the City to file the Notice of Determination pursuant to Fish and Game
Code §711.4 and California Code of Regulations, Title 14, section 753.5. 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.
7. 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.
8. All requirements of the Orange County Fire Marshal's Office and Cypress Building and
Safety Department shall be satisfied prior to utilization of the tank.
9. All applicable conditions of Design Review Committee No. 96 -6 shall be complied with
prior to utilization of the storage tank.
Revised 3/12/96
• Community Development Department • Planning Division •