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Resolution No. 4711RESOLUTION NO. 4711 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE NO. 96 -28 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 in accordance with the provisions of Section 18.2 of the Zoning Ordinance of the City of Cypress to install a building and monument sign for the Bandai building located at 5551 Katella Avenue in the PC -3 Planned Community Business Park 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 September 26, 1996, at which it approved the proposed signage for the Bandai building. 3. That the decision of the Design Review Committee on Design Review Committee No. 96 -28 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 project 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 opportunity for a variety of high quality office and industrial tenants with a wide range of employment opportunities on -site including professional, retail and service, and industrial uses, thereby widening the employee base of the City of Cypress. 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 proposed project will be consistent with the General Plan and the Zoning Ordinance. (2) The proposed project does not conflict with the development standards of the PC -3 Planned Community Business Park Zone. (3) The proposed project will not adversely impact the adjacent uses in that the signage will be consistent with other signage which has been approved in this zone. c. The proposed project will comply with applicable provisions of the Zoning Ordinance. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Design Review Committee No. 96 -28, 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. 1 MAYOR OF THE CITY OF CYPRESS 221 222 ATTEST: V h CI 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 28th day of October , 1996, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Age, Carroll, Jones and Bowman NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAINED: 1 COUNCIL MEMBERS: Kerry CITY CLERK OF THE CITY OF CYPRESS 223 EXHIBIT "A" DESIGN REVIEW COMMITTEE NO. 96 -28 5551 Katella Avenue CONDITIONS OF APPROVAL GENERAL CONDITIONS * Denotes conditions specific to this project, which are not included in the City's list of Standard 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 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 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 applicant shall comply with all provisions of the 1994 Uniform Building, Plumbing and Mechanical Codes, 1993 National Electrical Code, California Administrative Code, Title 24, and the Cypress City Code. 5. All signage shall be maintained in good condition at all times. Any change from the approved design, colors, or materials shall require the approval of the Design Review Committee prior to installation. 6. The approved signage shall not exceed the square footage or height allowances as permitted in the McDonnell Center Amended Specific Plan. • Community Development Department • Planning Division • 224 Exhibit "A" Design Review Committee No. 96 -28 Conditions of Approval Page 2 7. 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 10/28/96 • Community Development Department • Planning Division •