Resolution No. 4642494
RESOLUTION NO. 4642
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE NO. 96 -14 - 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 a reduction in the required landscape edge along Valley View Street, Hope Street and Phyllis
Drive for the property located at the southeast corner of Valley View Street and Katella Avenue
in the PC -2 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 May 20, 1996, at
which time it approved the reduction in the required landscape edge along Valley View Street,
Hope Street and Phyllis Drive for the property located at the southeast corner of Valley View
Street and Katella Avenue in the PC -2 Planned Community Business Park Zone.
3. That the decision of the Design Review Committee for Design Review Committee
No. 96 -14 was reported to the City Council on May 28, 1996.
4. That the City Council hereby finds that:
a. The reduction in the required landscape edge along Valley View Street,
Hope Street and Phyllis Drive 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:
(1) Provide opportunity for a variety of high quality office, industrial
and commercial tenants consistent with City's General Plan and the
Cypress Corporate Center Amended Specific Plan;
(2) Provide a range of employment opportunities on -site including
professional, research and development, and industrial uses,
thereby widening the employee base of the City of Cypress;
(3)
Result in a positive revenue flow to the City of Cypress;
(4) Ensure that the development is perceived as a single, cohesive
business park complex; design measures encompassing
landscaping, signage, setbacks and streetscapes will combine to
establish the unique character of the development;
(5)
Establish flexible development guidelines which will accommodate
future market trends and tenant needs, without sacrificing the
intended high - quality character of the project;
(6) Provide adequate infrastructure to support the specific plan land
uses.
b. The proposed reduction in the landscape edge 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 reduced landscape edge will not be in conflict with
the objectives of the Cypress Zoning Ordinance or the Cypress Corporate Center
Specific Plan.
(2) The reduction in the landscape edge 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.
495
c. The proposed reduction in the landscape edge 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 -14, 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 28th day of May , 1996.
MAYOR OF THE CITY OF CYPRESS
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 28th 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
CITY CL RK OF THE CITY OF CYPRESS
496
EXHIBIT "A"
DESIGN REVIEW COMMITTEE NO. 96 -14
Southeast Corner of Valley View Street and Katella Avenue
CONDITIONS OF APPROVAL
BOLDED CONDITIONS REPRESENT THOSE SPECIFIC TO THIS PROJECT
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. At least sixty (60) days prior to Certificate of Occupancy, a detailed landscape plan for all streetscapes and
perimeter areas and remaining landscaping areas on the site shall be submitted by the applicant and
approved by the City. In addition, a bond shall be posted with the Public Works Department to guarantee
against defects in plant materials and workmanship.
4. A redwood landscape retainer, a minimum of two inches by six inches (2" x 6 ") in size, shall be installed
along all property lines where necessary to retain the landscape planters.
5. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover
all landscaped areas.
6. The applicant /developer shall comply with all provisions of the Code of the City of Cypress and the
Cypress Corporate Center Specific Plan.
7. 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.
• Community Development Department • Planning Division •
Exhibit "A"
Design Review Committee No. 96 -14
Conditions of Approval
DEVELOPMENT PHASING CONDITIONS
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Page 2
8. Within twelve (12) months following the date on which the design review committee became effective,
Cypress Land Company shall obtain a grading permit for the project.
9. Within eighteen (18) months following the date on which the design review committee became
effective, Cypress Land Company shall have diligently commenced grading and obtain a building
permit for the project.
10. Within twenty -four (24) months following the date on which the design review committee became
effective, Cypress Land Company shall have diligently commenced construction toward completion
of the site and satisfaction of all the conditions of approval.
Revised 5/29/96
• Community Development Department • Planning Division •