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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 •