Resolution No. 4721252
RESOLUTION NO. 4721
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING A
VARIANCE FROM THE TERMS OF SECTION V.2.A. OF THE MCDONNELL CENTER
AMENDED SPECIFIC PLAN, AS ADOPTED BY ORDINANCE NO. 929 OF THE CITY OF
CYPRESS, TO ALLOW TWO (2) BUILDING WALL SIGNS EXCEEDING 150 SQUARE
FEET IN AREA AND A MONUMENT -STYLE SIGN EXCEEDING FOUR (4) FEET IN
HEIGHT.
VARIANCE NO. 96 -8
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed for a variance from the terms of Section V.2.a. of
the McDonnell Center Amended Specific Plan, as adopted (on November 14, 1994) by
Ordinance No. 929 of the City of Cypress, to allow a 236 square -foot wall sign on the east
building elevation, a 332 square -foot sign on the south building elevation, and a six -foot (6')
high monument -style free - standing sign located at 5701 Katella Avenue, within the PC -3 Planned
Community Business Park Zone.
2. That the City Council, after proper notice thereof, duly held a public hearing on
said application as provided by law.
3. That the City Council hereby finds that:
(a) The strict or literal interpretation and enforcement of Section V.2.a. of the
McDonnell Center Amended Specific Plan, as adopted by City ordinance, would result
in practical difficulty or unnecessary physical hardship inconsistent with the objectives
of the Ordinance, because replacement of the existing signage with more text within the
same area would result in the loss of identification and readability.
(b) The granting of the proposed variance will not be detrimental to the public
health, safety, or welfare, or materially injurious to properties or improvements in the
vicinity, because all three (3) sign modifications shall be installed with building permits.
In addition, the City Engineer has determined that the proposed increase in height of the
monument -style sign will not obstruct the vehicle line of site for oncoming traffic when
exiting the subject site onto Katella Avenue.
(c) The granting of the proposed variance as conditioned will not constitute
the granting of a special privilege inconsistent with the limitations on other properties in
the vicinity classified in the same zone, because other signage variances have been
granted by the City Council in the past, where the size and scale of the development is
large and the lengthy signage text inhibits readability if not large enough.
(d) The proposed increase in signage at the subject site will not detract from
the attractiveness or orderliness of the City's appearance or the surrounding
neighborhood because the proposed signage increase is consistent with the character and
in scale with the mass of the building and site.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Variance No. 96 -8, 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 12th day of November , 1996.
MAYOR OF THE CITY OF CYPRESS
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 12th day of November , 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
Ok `^ ,.--
CITY CLERK OF THE CITY OF CYPRESS
253
254
EXHIBIT "A"
VARIANCE NO. 96 -8
5701 KATELLA 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 (§ 21000 et semc . - 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. 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.
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 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.
• Community Development Department • Planning Division •
255
Exhibit "A"
Variance No. 96 -8
Conditions of Approval
Page 2
*5. The square footage of the subject wall signs shall not exceed 236 square feet on the east
building elevation, nor 332 square feet on the south building elevation. The height of
the monument -style freestanding sign shall not exceed six feet (6') in height.
Effective 11 -12 -96
• Community Development Department • Planning Division •