Resolution No. 4707202
RESOLUTION NO. 4707
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE PERMIT NO. 96 -29 - 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 allow the refurbishing of the exterior of a commercial building, located at 4902 Lincoln
Avenue, within the CH- 10,000 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 October 10, 1996.
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
October 28, 1996, 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 Planning Department of a signed
agreement to any conditions of approval 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 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 color and materials of the subject exterior re- surfacing are
consistent with the goals and objectives of the Lincoln Avenue Redevelopment
Project Area Plan.
(2) The subject building refurbishing is compatible with surrounding
commercial properties within the CH- 10,000 Zone.
c. The commercial building refurbishing, 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. 96 -29, 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 28th day of October , 1996.
#14 MAYOR OF TH CITY OF CYPRESS
ATTEST:
C Y LERK OF THE CI
a�
TY 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 28th day of October , 1996, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Carroll, Jones, Kerry
and Bowman
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
2
203
204
EXHIBIT "A"
DESIGN REVIEW COMMITTEE PERMIT NO. 96 -29
4902 LINCOLN AVENUE
CONDITIONS OF APPROVAL
* Denotes conditions which are 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 (§ 2100 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 developers 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 in accordance with Fish and Game Code
Section 753.5, required under Public Resources Code Section 21152 and Title 14 of the
California Code of Regulations. 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 CONDITIONS
5. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
• Community Development Department • Planning Division •
205
Exhibit "A"
Design Review Committee Permit No. 96 -29
Conditions of Approval
Page 2
6. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted. The final exterior color scheme shall be submitted to City staff for review and
approval prior to actually painting the structure.
7. All material storage shall occur within the building. Exterior storage is specifically
prohibited.
*8.
The applicant/property owner shall cause the A -frame roof structure, which is
currently attached to the existing freestanding sign, to be removed prior to final
sign -off of building permits.
BUILDING DEPARTMENT CONDITIONS
9. 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.
10. An automatic fire sprinkler system, approved by the Fire Marshal, may be required.
11. Applicant /developer shall comply with all disclosure requirements of the Orange County
Fire Authority for hazardous materials use and /or storage and the South Coast Air Quality
Management District for exhaustion of air contaminants.
12. Type 5 cement shall be used for all foundations and slabs on grade.
13. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
14. Applicant /developer shall use fire retardant wood shingles for the roof, if applicable.
*15. Due to suspected insect damage, the applicant/property owner shall provide proof
(prepared by a civil or structural engineer) of structural integrity of the subject
commercial building, prior to issuance of building permits for the renovation
construction.
*16. The one (1) required handicap parking stall shall be striped in accordance with
"van accessible" dimensions.
Effective 10 -28 -96
• Community Development Department • Planning Division •