Resolution No. 4852189
RESOLUTION NO. 4852
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE NO. 97 -30 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 18.2 of the Zoning Ordinance of the City of Cypress to
convert the previous Angel's Diner into a new IHOP restaurant located at 4991 Lincoln Avenue
within the CH Commercial Heavy Zone.
2. That in accordance with Section 18.3 of the Cypress Zoning Ordinance, the
Design Review Committee reviewed and approved this project on September 11, 1997.
3. That in accordance with Section 18.4 of the Cypress Zoning Ordinance, the
decision of the Design Review Committee on this project was reported to the City Council on
September 22, 1997, during a public meeting of the City Council.
4. That in accordance with Section 18.4 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 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 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 restaurant use will be compatible and consistent with
the surrounding developments.
(2) Sufficient parking will be provided onsite for the restaurant use.
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 No. 97 -30, 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 22nd day of September , 1997.
MAYOR OF THE CITY OF CYPRESS
190
ATTEST:
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 22nd day of September , 1997, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
NOES:
0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
00,4fizA. oh .
CITY CLERK OF THE CITY OF CYPRESS
191
EXHIBIT "A"
DESIGN REVIEW COMMITTEE NO. 97 -30
4991 Lincoln Avenue
CONDITIONS OF APPROVAL
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 g. - 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. All existing public improvements at the development site which are damaged due to
construction, cracked, or otherwise below standard, shall be removed and replaced to the
satisfaction of the City Engineer.
5. Utilities shall not be released and Certificate of Occupancy shall not be issued until all
conditions of approval of Design Review Committee No. 97 -30 have been met to the
satisfaction of the Community Development Department.
6. The applicant shall obtain a Cypress business license prior to commencement of each of the
business operations.
7. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department to insure consistency with Design Review Committee No. 97 -30
prior to the issuance of building permits. The final exterior color scheme shall be submitted
• Community Development Department • Planning Division •
192
Exhibit "A"
Design Review Committee No. 97 -30
Conditions of Approval
Page 2
to City staff for review and approval prior to painting the building.
8. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
9. All walls, fences and trash enclosures shall be maintained free of significant surface cracks,
dry rot, warping, missing panels or blocks which threaten the structure's structural integrity
or appearance.
10. Parking lot surfaces and pedestrian walkways shall be maintained in a safe condition such
that any concrete, asphalt, or other driving or walking surfaces are free of potholes, buckled
or cracked surfaces, or raised areas.
11. The property shall be maintained free of the accumulation of trash and debris. Trash and
debris associated with the permitted uses are to be stored solely in designated trash
enclosures.
12. Exterior building elevations shall be maintained in a safe appearance such that the buildings
are free of broken, missing or significantly cracked surface fmished materials.
13. All roof mounted equipment, such as heating and air conditioning units, shall be adequately
screened from public view subject to the approval of City staff.
14. The colors of the pole sign shall consist of a blue background and red arch at the
bottom of the sign as illustrated in the submitted Sign Identification Program.
15. 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.
BUILDING DEPARTMENT CONDITION
16. Applicant/developer shall comply with applicable provisions of the 1994 Uniform Building,
Plumbing and Mechanical Codes, 1993 National Electrical Code, California Code of
Regulations, Title 24, and the Code of the City of Cypress.
• Community Development Department • Planning Division •
Exhibit "A"
Design Review Committee No. 97 -30
Conditions of Approval
FIRE DEPARTMENT CONDITIONS
193
Page 3
17. Prior to the issuance of a building permit, the applicant shall submit plans for the review and
approval of the Fire Chief. The applicant shall include information on the plans required by
the Fire Chief. Contact the Orange County Fire Authority Plans Review Section at (714)
744 -0403 for the Fire Safety Site /Architectural Notes to be placed on the plans.
18. Prior to installation, plans for an approved fire- suppression system for the protection of
commercial type cooking equipment shall be submitted to the Fire Chief for review and
approval.
Effective 9/22/97
• Community Development Department • Planning Division •