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Resolution No. 4835127 RESOLUTION NO . 4835 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE NO. 97 -22 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 Design Review approval in accordance with the provisions of Section 18.2 of the Zoning Ordinance of the City of Cypress to install a monument sign in front of the business located at 5391 Lincoln Avenue in the CH Commercial Heavy Zone. 2. That in accordance with the provisions of Section 18.3 of the City of Cypress Zoning Ordinance, the Design Review Committee held a meeting on July 31, 1997, at which time it approved the installation of the monument sign. 3. That the decision of the Design Review Committee on Design Review Committee No. 97 -22 was reported to the City Council at the next regular Council meeting following the date of the action by the Committee. 4. That the City Council hereby finds that: a. The proposed location of the sign 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 provide appropriately located areas for establishments catering primarily to highway travelers, visitors to the City or such businesses or uses where direct access to major arterial highways is essential or desirable for their operation. b. The proposed location of the sign and the conditions under which it will 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 sign is consistent with the applicable development standards and design guidelines set forth in the Cypress Zoning Code. (2) The proposed sign will be compatible with the surrounding building signs and will not prove detrimental to the character of buildings or uses already established in the area. c. The proposed signage will comply with 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 No. 97 -22, 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 11th day of August , 1997. MAYOR OF THE CITY OF CYPRESS 128 ATTEST: Qh. CITY ERK 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 11th day of August , 1997, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Jones, Keenan, Piercy and Carroll NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAINED: 1 COUNCIL MEMBERS: Bowman CITY CLERK OF THE CITY OF CYPRESS EXHIBIT "A" DESIGN REVIEW COMMITTEE NO. 97 -22 5391 Lincoln Avenue 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, 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 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 illustrated on the plan as approved by the Design Review Committee. 5. The applicant shall secure a building permit for installation of the sign and shall comply with all applicable provisions of the most current Uniform Building Code. 6. The sign shall not create light or glare upon adjacent properties or roadways subject to approval by the Community Development Director. 7. The colors of the sign shall be compatible with the final color scheme of the building. • Community Development Department • Planning Division • 129 130 Exhibit "A" Design Review Committee No. 97 -22 Conditions of Approval Page 2 8. 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. Effective 8/11/97 • Community Development Department • Planning Division •