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Resolution No. 5075493 RESOLUTION NO. 5075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 99 -9 - 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 allow the installation of a building sign for Secure Horizons located at 10700 Valley View Street, 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 March 25, 1999. 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 12, 1999, 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 an area for modern office, warehouse, and light industrial uses. 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 building sign is consistent with the amount of sign area allowed within the PC -4 Planned Community Business Park Zone. (2) The proposed signage is consistent with the sign criteria contained in the Warland /Cypress Business Center Specific Plan 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. 99 -9, 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 12th day of April , 1999. e„„o MAYOR OF THE CITY OF CYPRESS 494 ATTEST: 1/.4k jLe_;_ a\ , 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 12th day of April , 1999, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Piercy, Sondhi and Keenan NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE CITY OF CYPRESS 495 EXHIBIT "A" DESIGN REVIEW COMMITTEE PERMIT NO. 99 -9 10700 Valley View Street CONDITIONS OF APPROVAL GENERAL CONDITIONS Bolded conditions indicate those that are specific to this project. 1. The developer shall defend, indemnify, and hold harmless, the City and 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 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. 4. The sign shall be constructed and installed as approved by the Design Review Committee. 5. The applicant shall secure a building permit for the installation of the signs and shall comply with all applicable provisions of the most current Uniform Building Code and the sign criteria established in the Warland /Cypress Business Center Specific Plan. 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 I 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 4/12/99 • Community Development Department • Planning Division •