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Resolution No. 5540 35/p RESOLUTION NO. 5540 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2002-01 -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 35.157 of the Zoning Ordinance of the City of Cypress to approved a sign program located at 5660 Katella Avenue, within the PC-4 Planned Community Business Park Zone. 2. That in accordance with Section 35.159 of the Cypress Zoning Ordinance, the Design Review Committee reviewed and approved this project on February 28, 2002. 3. That in accordance with Section 35.159 of the Cypress Zoning Ordinance, the decision of the Design Review Committee on this project was reported to the City Council on April 8, 2002 during a public meeting of the City Council. 4. That in accordance with Section 35.161 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 Community Development Department of an agreement to any conditions of approval signed 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 and intent of the zone in which the site is located, which is: Intended as 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 design is compatible and consistent with the existing , including size and exterior building materials and color. (2) The subject is compatible with surrounding properties within the Zone. c. The project, as conditioned, will comply with each of the applicable provisions of the Cypress Zoning Ordinance. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Design Review Committee Permit No. 2002-01, 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 April, 2002. R OF THE CITY OF CYPRESS -1- 357 ATTEST: tit&i_i , / Y CLERK OF Ti CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS I, JILL R. INGRAM-GUERTIN, 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 April, 2002, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Keenan, McGill,Piercy and Sondhi NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: McCoy • £ id:4t 6YCLER OFT CITY OF CYPRESS -2- 358 EXHIBIT "A" Design Review Committee Permit No. 2002-01 5660 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 developer's 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. COMMUNITY DEVELOPMENT CONDITIONS 4. All signage shall be constructed and installed as approved by the Design Review committee and as illustrated on the plans submitted. 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- Recorder in the amount of Forty-Three Dollars ($43.00) 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 • 359 Exhibit "A" Page 2 Design Review Committee Permit No. 2002-01 Conditions of Approval 6. All monument signs shall not exceed four foot (4')in height. BUILDING CONDITIONS 7. Applicant/developer shall comply with applicable provisions of the 1997 Uniform Building, Plumbing and Mechanical Codes, 1996 National Electrical Code, California Administrative Code,Title 24, and the Cypress City Code. Effective: 4-8-2002 • Community Development Department • Planning Division •