Resolution No. 4461 266
RESOLUTION NO. 4461
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE PERMIT NO. 95-10 - 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 a Design Review Committee permit in
accordance with the provisions of Section 18.2 of the Zoning Ordinance of the City of Cypress
to allow the remodeling of the interior and exterior, and the changing of signage at an existing
fast food restaurant located at 6947 Katella Avenue, within the PC-1 Planned Community
Business Park Zone.
2. That in accordance with Section 18.3 of the Cypress Zoning Ordinance, the
Design Review Committee reviewed and approved this project on March 16, 1995.
3. That in accordance with Section 18.4 of the Cypress Zoning Ordinance, the
decision of the Design Review Committee on this project was reported to the City Council on
March 27, 1995 during a public meeting of the City Council.
4. That in accordance with Section 18.4 of the Cypress Zoning Ordinance, the
effective date of the Design Review Committee's decision to approve this project shall be the
date of acceptance by the City Council and upon receipt by the Planning Department of a signed
agreement to any conditions of approval by the applicant.
5. That the City Council hereby finds that:
a. The proposed location of the 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 encourage the establishment of compatible industries in areas
where it is deemed desirable to provide for limited manufacturing facilities
and to establish standards of design and type of use which will enhance
the area, be in harmony with the objectives of the General Plan and
minimize detrimental effects to the public health, safety and welfare; to
designate an area for modem industrial and research developments and
commercial uses that can meet high performance and development
standards, while benefiting the community through growth, prosperity and
providing an increasing supply of citizen employment and services; and
to allow diversification of specified land uses as they relate to each other
in a physical and environmental arrangement, while ensuring substantial
compliance with the overall goals of the City as identified in the various
elements of the General Plan.
b. The proposed location of the 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 subject restaurant remodel and signage does not represent an
expansion of the existing building or operations.
(2) The building remodel and sign design is compatible with
surrounding shopping center and other properties within the PC-1 Planned
Community Business Park Zone.
c. The restaurant remodel and signage change will comply with each of the
applicable provisions of the Zoning Ordinance and the Lusk-Cypress Industrial Park
development standards, covenants, conditions, and restrictions.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Design Review Committee Permit No. 95-10, subject to the
conditions in Exhibit "A" attached.
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PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 27th day of March , 1995.
M YOR OF THE CITY OF nYPRESS
ATTEST:
CITY CLERK 0 T E CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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 27th day of March , 1995, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, Jones, Kerry
and Age
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
e/
CI Y CLE' ` OF THY OF CYPRESS
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268
EXHIBIT "A"
DESIGN REVIEW COMMITTEE PERMIT NO. 95-10
CONDITIONS OF APPROVAL
PLANNING DEPARTMENT
1. The applicant/developer shall comply with all applicable provisions of the Code of the
City of Cypress, the Cypress Zoning Ordinance, and the Lusk-Cypress Industrial Park
development standards, covenants, conditions, and restrictions.
2. All requirements of the Orange County Fire Authority, Orange County Health
Department, and Cypress Building and Safety Department shall be satisfied prior to
commencement of the business operation.
3. 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.
4. All architectural treatments and signs shall be constructed as illustrated on plans and
renderings submitted. The final exterior color and material scheme shall be submitted to
City staff for review and approval prior to actually painting the structure. The materials
and colors for the base of the monument sign shall match the building treatment.
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 applicant shall obtain a Cypress business license prior to commencement of the
business operation.
■ Community Development Department • Planning Division
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Exhibit "A" Page 2
Design Review Committee Permit No. 95-10
Conditions of Approval
7. All applicable conditions of Conditional Use Permit No. 85-5 shall be complied with prior
to occupancy of the subject building.
8. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 85-5 will require an amendment to the conditional use permit.
L 9. The business shall not erect or display on the subject property any signs which have not
been approved in writing by the Planning Department.
BUILDING DEPARTMENT
10. 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.
11. An automatic fire sprinkler system, approved by the Fire Marshal, may be required.
12. Applicant/developer shall comply with all disclosure requirements of the Orange County
Fire Authority for hazardous materials use and/or storage and the South Coast Air Quality
Management District for exhaustion of air contaminants.
13. Type 5 cement shall be used for all foundations and slabs on grade.
14. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
FIRE CONDITIONS
15. Plans for commercial type cooking equipment fire suppression system shall be submitted
to the Fire Authority prior to occupancy of the restaurant.
16. A final inspection by the Fire Authority shall be required prior to occupancy of the
restaurant. Contact (714) 527-9447 two days in advance of inspection.
POLICE CONDITIONS
17. All exterior doors shall utilize locking hardware designed to be locked from the exterior,
but unlocked from the interior for emergency exiting purposes.
Effective 3/27/95
■ Community Development Department • Planning Division