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Resolution No. 438732 RESOLUTION NO. 4387 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE NO. 94 -18 - 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 in accordance with the provisions of Section 18.1 of the Zoning Ordinance of the City of Cypress to permit the relocation and remodeling of the Turf Club at the Los Alamitos Race Course located at 4961 Katella Avenue. 2. That the proposed plans were reviewed by the Design Review Committee and approved, subject to the recommended conditions of approval. 3. That the City Council duly held a public meeting on said application as provided by law. 4. That the City Council hereby finds that: a. The proposed location of the proposed project 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 permit adequate identification of areas reserved and developed for public uses other than street right -of -ways, to provide for expansion of their operations or change in use, and to identify and preserve areas of historic and community significance for the enjoyment of future generations. b. The proposed location of the proposed project 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 improvements are consistent with the goals and policies of the Cypress Business and Professional Center Specific Plan. (2) The project does not include a change in use or addition to the existing Los Alamitos Race Course facility, rather, it represents an upgrade of the existing property. (3) The project will improve the existing structure to be consistent with the current Uniform Building Code and the requirements of the American Disabilities Act (ADA). (4) Since there is no expansion of the race track use, existing onsite parking will be adequate to serve the project. c. The proposed project will comply with each of the applicable provisions of the Zoning Ordinance and the Cypress Business and Professional Center Specific Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Design Review Committee No. 94 -18, 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 26th day of September , 1994. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 33 I, DARRELL ESSEX, 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 26th day of September , 1994, by the following roll call vote: AYES: NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 5 COUNCIL MEMBERS: Age, Bowman, Kerry, Nicholson, and Partin CITY CLERK OF TH CITY OF CYPRESS 34 EXHIBIT "A" DESIGN REVIEW COMMITTEE NO. 94 -18 CONDITIONS OF APPROVAL PLANNING CONDITIONS 1. Any expansion or modification of the approved use beyond that approved as part of Design Review Committee No. 94 -18 will require a separate application for review. This includes such projects as a reuse of or new use for the former Turf Terrace club house building or a building addition to the existing race track grandstand building. 2. All requirements of the Orange County Fire Marshal's Office, Orange County Health Department, and Cypress Building and Safety Department shall be satisfied prior to commencement of the business operation. 3. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic Beverage Control. 4. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 5. Within forty -eight (48) hours of the approval of this project, the applicant /developer shall deliver to the Planning 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 in accordance with Fish and Game Code Section 753.5, 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 Planning Department the check required above, the approval for the project granted herein shall be void. 6. 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 (§ 2100 et semc . - 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. • Community Development Department • Planning Division • 35 Exhibit "A" Design Review Committee No. 94 -18 Conditions of Approval BUILDING CONDITIONS Page 2 7. Applicant /developer shall comply with applicable provisions of the 1991 Uniform Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California Code of Regulations, Title 24, and the Code of the City of Cypress. 8. Applicant /developer shall comply with all disclosure requirements of the Orange County Fire Department for hazardous materials use and /or storage and the South Coast Air Quality Management District for exhaustion of air contaminants. FIRE DEPARTMENT CONDITIONS 9. Prior to the issuance of any building permits, plans for the automatic fire sprinkler system shall be submitted to and approved by the Fire Chief prior to installation. This system shall be operational prior to the issuance of a Certificate of Use and Occupancy. 10. Prior to installation, plans for an approved fire - suppression system for the protection of commercial -type cooking equipment shall be submitted to the Fire Chief for approval. 11. Prior to the issuance of any building permits, plans for the fire alarm system plans shall be submitted to and approved by the Fire Chief prior to installation. This system shall be operational prior to the issuance of a Certificate of Use and Occupancy (as required for an A2.1 occupancy). The following notes shall be provided on the site plan: A. Fire Department Final Inspection Required. Schedule inspection two (2) days in advance. Phone (714) 821 -7850. B. Locations and classifications of extinguishers to be determined by the fire inspector. C. Storage, dispensing or use of any flammable and combustible liquids, flammable and compressed gasses and other hazardous materials shall comply with Uniform Fire Code Regulations. D. Building(s) not approved for high piled combustible storage. Materials in closely packed piles shall not exceed 15 feet in height, 12 feet on pallets or in racks and 6 feet for tires, plastics and some flammable liquids if high stock piling, comply with UFC, Art. 81 and NFPA Std. 231, 231C and 231D. • Community Development Department • Planning Division • 36 Exhibit "A" Design Review Committee No. 94 -18 Conditions of Approval Page 3 E. Plans of modifications to or new fire protection, detector or alarm system(s) shall be approved by the Fire Department prior to installation. 12. Prior to the issuance of any building permits, plans shall be submitted to and approved by the Fire Chief. The plans shall include: 1. Architectural plans. 2. Seating plans. 3. Exiting plan per Uniform Building Code Chapter 33. 4. Alarm and fire sprinkler plans. 5. A site plan with existing and proposed fire hydrants shown. 6. Fire Department access. Effective 9/26/94 • Community Development Department • Planning Division •