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Resolution No. 5217RESOLUTION NO. 5 217 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2000 -05 - 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 a sign program for a multi -tenant business park building located at 6261 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 March 2, 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 March 27, 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 signage project is in accord with the objectives of the Zoning Ordinance and the purpose and intent of the PC-4 Planned Community Business Park Zone, Warland /Cypress Business Center Specific Plan area in which the site is located, which is: Intended as a coordinated project area involving a mixture of business park, commercial, and office uses. b. The proposed location of the signage 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 freestanding and building signs are consistent with the sign guidelines of the Warland Cypress Business Center Specific Plan. (2) The proposed freestanding and building signs are consistent and compatible with existing and approved signs in the surrounding area within the PC-4 Planned Community Business Park Zone. c. The proposed signage 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. 2000 -05, 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 27th day of March , 2000. MAYOR OF THE CITY OFRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS I, LILLIAN M. HAINA, that the foregoing Resolution was on the 27th day of March T, City Clerk of the City of Cypress, DO HEREBY CERTIFY duly adopted at a regular meeting of the said City Council held , 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 r V 1 r CITY CLERK OF THE CITY OF CYPRESS 3 46L EXHIBIT "A" Design Review Committee Permit No. 2000 -05 6261 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 se q. - 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 • Exhibit "A" Design Review Committee Permit No. 2000 -05 Conditions of Approval COMMUNITY DEVELOPMENT CONDITIONS Page 2 5. All signs shall be constructed and installed pursuant to the provisions of the sign program for the subject multi- tenant business park building, as approved by Design Review Committee Permit No. 2000 -05. 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 freestanding monument -style sign shall be located on private property and behind the corner cut -off at the street intersection of Katella Avenue and Hope Street. The final location drawing for the monument sign shall be subject to review and approval by the Community Development Department and the Public Works Department. BUILDING CONDITIONS 7. 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. 8. Type 5 cement shall be used for all foundations and slab on grade. (Applicable to the base of the freestanding sign.) POLICE CONDITIONS 9. The property address shall be posted in a visible location on the building. Effective 3 -27 -2000 • Community Development Department • Planning Division •