Resolution No. 4627431
RESOLUTION NO. 4627
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE NO. 96 -15 - 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
for the installation of awnings and five foot (5') high vinyl patio fencing for the building located
at 10569 Valley View Street in the CG Commercial General 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 May 2, 1996, at
which time it approved the installation of the awnings and the five foot (5') high vinyl patio
fencing in the CG Commercial General Zone.
3. That the decision of the Design Review Committee for Design Review Committee
No. 96 -15 was reported to the City Council on May 13, 1996.
4. That the City Council hereby finds that:
a. The installation of the awnings and five foot (5') high vinyl patio fencing
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 an area for the location of retail and wholesale
commercial activities.
b. The proposed awnings and patio fencing 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 installation of the awnings and patio fencing will not
be in conflict with the objectives of the Cypress Zoning Ordinance.
(2) The installation of the awnings and patio fencing 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 installation of the awnings and patio fencing 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 -15, 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 13th day of May , 1996.
MAYOR OF THE CITY OF CYPRESS
432
ATTEST:
CITY 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 13th day of May , 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
. v •
C ITY LERK OF THE C ITY
OF CYPRESS
433
EXHIBIT "A"
DESIGN REVIEW COMMITTEE NO. 96 -15
10569 Valley View Street
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
* Denotes conditions specific to this project, which are not included in the City's list of
Standard Conditions of Approval.
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. The awnings shall be constructed of a flame resistant material.
*5. The awnings shall be maintained in good condition, free from any rips, tears, or faded
material. Awnings which contain rips, tears, or are faded shall be replaced. Any change
from the approved colors or materials shall require the approval of the Design Review
Committee prior to approval.
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- Recorder in
the amount of Thirty -Eight Dollars ($38.00) County administrative fee, to enable the City to file
the Notice of Exemption 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.
Effective 5/13/96
• Community Development Department • Planning Division •