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Resolution No. 5199382 RESOLUTION NO. 5199 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 99-45 - 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 construction of a 32 square -foot, six-foot (6') high monument -style freestanding sign located at 4572 Lincoln Avenue, within the PC Planned Community Zone. 2. That in accordance with Section 35.159 of the Cypress Zoning Ordinance, the Design Review Committee reviewed and approved this project on January 20, 2000. 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 February 14, 2000, 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 to permit a compatible mix of land uses, planned commercial developments and business parks, as well as a variety of housing styles and densities. 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 sign design is consistent with the applicable standards and requirements of the Cypress Zoning Ordinance and the design guidelines contained in the Lincoln Avenue Specific Plan. (2) The subject monument sign is consistent with other similar approved signage within the Lincoln Avenue Specific Plan area of the PC Planned Community Zone. c. The proposed project, as conditioned, will comply with each of the applicable provisions of the Cypress Zoning Ordinance and the Lincoln Avenue Specific Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Design Review Committee Permit No. 99-45, 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 14th day of February , 2000. MAYOR OF THE CITY 0 SS ATTEST: Y LERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS 383 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 14th day of February , 2000, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Keenan, McCoy, McGill, Sondhi and Piercy NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE CITY OF CYPRESS 384 EXHIBIT "A" Design Review Committee Permit No. 99 -45 4572 Lincoln 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. 4. 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 • 385 Exhibit "A" Design Review Committee Permit No. 99 -45 Conditions of Approval Page 2 COMMUNITY DEVELOPMENT CONDITIONS 5. The proposed signs shall be constructed and installed as approved by the Design Review Committee and as illustrated on the plans and renderings submitted. Sign text, design, lettering style, and colors of the building signs and the freestanding sign shall be consistent. Final sign elevation drawings shall be submitted to the Community Development Department for review and approval prior to the issuance of building permits. 6. The sign cabinet and base shall be painted to match the wall or trim color of the building. The street address numbers shall be inlaid into the masonry base of the monument sign. 7. The landscape planter area surrounding the monument sign shall be enclosed by a raised, continuous curb of Portland cement concrete, or other material acceptable to the Building Official. Such curb shall be at least six inches (6 ") high and six inches (6 ") wide. The finished grade within the planter shall be at least two inches (2 ") below the top of the curb. (Z.O. Sec. 27.11.E.1.) 8. Low growing landscape material shall be planted around the base of the monument sign. A landscape and irrigation plan shall be submitted to the Planning Division for review and approval prior to installation. 9. Changeable copy or lettering on the freestanding sign face is strictly prohibited. 10. The installation and method of sign illumination shall be reviewed and approved by the Planning Division and the Building and Safety Division. The business owner shall take the appropriate measures to ensure that the illumination of the sign shall not create glare for vehicular traffic. All electrical conduit, timer devices, and other electrical equipment shall be buried underground or concealed within the sign. BUILDING CONDITIONS 11. Applicant/developer shall comply with applicable provisions of the 1997 Uniform Building, Plumbing and Mechanical Codes, 1996 National Electrical Code, California Code of Regulations, Title 24, and the Code of the City of Cypress. 12. Type 5 cement shall be used for all foundations and slabs on grade. 13. Building permits shall be obtained as required. Separate permits shall be obtained for work performed on each of the two (2) adjoining properties involved with the proposed landscape planter. • Community Development Department • Planning Division • 386 Exhibit "A" Design Review Committee Permit No. 99-45 Conditions of Approval POLICE CONDITIONS Page 3 14. The property address shall be clearly identified on both sides of the freestanding sign base. A minimum of six -inch (6 ") lettering shall be used for the property address. The property address shall also be posted in a visible location on the building. Effective 2 -14 -00 • Community Development Department • Planning Division •