Resolution No. 4617382
RESOLUTION NO. 4617
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE NO. 96 -7 - 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 eliminate the approved 8' high block wall along the south property line and landscaping along
the west property line of the approved Cypress Land Spec building located at 11261 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 this request on March 28, 1996, at
which time it approved the elimination of the 8' high block wall and west property line
landscaping for the Cypress Land Spec building located at 11261 Warland Drive in the PC -4
Planned Community Business Park Zone.
3. That the decision of the Design Review Committee for Design Review Committee
No. 96 -7 was reported to the City Council on April 8, 1996.
4. That the City Council hereby finds that:
a. The elimination of the south property line block wall and west property
line landscaping would not be in conflict with the objectives of the Zoning Ordinance and
the purpose of the zone in which the site is located is:
Intended to provide for a physical mix of land uses and a quality business
environment which provides a range of employment opportunities, and to
implement a variety of commercial, office and industrial land uses.
b. The proposed elimination of the south property line block wall and west
property line landscaping 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 elimination of the wall and landscaping will not be
in conflict with either the objectives of this Ordinance or the Warland /Cypress
Business Center Specific Plan.
(2) The elimination of the block wall and landscaping will not effect
the compatibility of the building with the surrounding uses and will not prove
detrimental to the character of buildings or uses already established in the area.
c. The proposed elimination of the south property line block wall and west
property line landscaping will not effect the project's compliance 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 -7, 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 8th day of Apri 1 , 1996.
MAYOR OF THE C TY OF CYPRESS
ATTEST:
0)-1 4..
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
383
1, 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 8th day of Apri 1 , 1996, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Age, Carroll , Kerry and Bowman
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Jones
4auL-L-
CITY CLERK OF THE CITY OF CYPRESS
384
EXHIBIT "A"
DESIGN REVIEW COMMITTEE NO. 96 -7
11261 Warland Drive
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 sue. - 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 applicable conditions of Design Review Committee No. 96 -7 shall be complied with
prior to occupancy of the subject building.
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 Thirty -Eight Dollars ($38.00) County administrative fee, to enable the
City to file the Notice of Exemption in accordance with Fish and Game Code Section
711.4, required under Public Resources Code Section 21152 and Title 14 of the California
Code of Regulations. 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 04 /08/96
• Community Development Department • Planning Division •