Resolution No. 4874258
RESOLUTION NO. 4874
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING IN
PART AND DENYING WITHOUT PREJUDICE IN PART DESIGN REVIEW COMMITTEE
NO. 97 -34.
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
for the installation of signs for the Home Depot project located at 5800 Lincoln Avenue, within
the CHLC Commercial Heavy Lincoln Avenue Combining Zone.
2. That in accordance with Section 18.3 of the Cypress Zoning Ordinance, the
Design Review Committee reviewed this project on October 16, 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
November 10, 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 City Council's decision to approve in part and deny without prejudice in part
this project shall be the date of acceptance by the City Council.
5. That the City Council hereby finds that:
a. The proposed location of the project is in accordance 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 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 building signs and the conditions under which
they 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 building signage is consistent with the character of
the CHLC Commercial Heavy Lincoln Avenue Combining Zone and the Lincoln
Avenue Redevelopment Project Area.
(2) The proposed signage is consistent with the sign criteria contained
in the Cypress Zoning Code.
c. The proposed location of the pylon sign and the conditions under which it
would be operated or maintained may 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 pylon sign exceeds the maximum square footage
permitted by the Cypress Zoning Code.
(2) The proposed pylon sign is not consistent with the existing signage
located along Lincoln Avenue within the Lincoln Avenue Redevelopment Project
Area.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Design Review Committee No. 97 -34 for the installation of the
building signs subject to the conditions attached and denies without prejudice the proposed pylon
sign.
259
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 10th day of November , 1997.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
C]0—O-
' t--
CI Y LERK 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 10th day of November , 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
CITY CLERK OF THE CITY OF CYPRESS
260
EXHIBIT "A"
DESIGN REVIEW COMMITTEE NO. 97 -34
5800 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 seg. - 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 wall signs shall be constructed and installed as submitted.
5. The applicant shall secure a building permit for installation of all signage and shall comply with
all applicable provisions of the most current Uniform Building Code and the sign criteria
established in the Cypress Zoning Code.
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 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 11/10/97
• Community Development Department • Planning Division •