Resolution No. 4771430
RESOLUTION NO. 4771
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE NO. 97 -4 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 remodel of two existing restaurants and the addition of a new driveway on the
commercial shopping center property located at 4700 -4780 Lincoln Avenue, within the CH
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 March 13, 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
March 24, 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 Design Review Committee's decision to approve this project shall be the date
of acceptance by the City Council, and upon receipt by the Community Development Department
of an agreement to any conditions of approval signed 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 subject remodel will be compatible and consistent with the
surrounding commercial developments, including size and exterior building
materials and color.
(2) The subject remodel will be compatible with surrounding
properties within the CH Commercial Heavy Zone.
(3) The addition of the driveway will not effect onsite parking in that
the minimum number of parking spaces required by the Cypress Zoning Code are
provided onsite.
c. The project, 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 No. 97-4, 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 24th day of March 1997.
MAYOR OF THE CITY OF CYPRESS
CI THE CITY OF CYPRESS
431
ATTEST:
CITY 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 24th day of March , 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
T CL RK OF
432
EXHIBIT "A"
DESIGN REVIEW COMMITTEE NO. 97 -4
4700 -4780 Lincoln Avenue
CONDITIONS OF APPROVAL
* Indicates a condition that is specific to this project.
ENGINEERING 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 sec . - 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 applicant /developer shall comply with all applicable provisions of the Code of the City
of Cypress.
3. The applicant shall apply for a Public Work's Encroachment Permit prior to
construction of the new driveway.
4. All existing public improvements at the development site which are damaged due to
construction, cracked, or otherwise below standard, shall be removed and replaced to the
satisfaction of the City Engineer.
5. The quantity, location, width, and type of driveways shall be subject to the approval of the
City Engineer. An effective sight distance for vehicular traffic shall be maintained at the
intersection of the driveway entrances with Lincoln Avenue. No landscaping in excess of
three feet (3') high will be allowed in the area of the curb returns. Adequate sight distance
also shall be maintained within the development at all driveway intersections to the
satisfaction of the City Engineer.
6. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Engineering Plan Check & Inspection Fee (Per Resolution 2964).
• All applicable Building Department fees.
• Community Development Department • Planning Division •
Exhibit "A"
Design Review Committee No. 97 -4
Conditions of Approval
PLANNING CONDITIONS
433
Page 2
7. 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.
8. The applicant shall comply with all applicable conditions of Design Review Committee No.
97 -4.
9. Wheelchair and handicap access facilities shall be installed onsite and offsite in accordance
with State of California and City of Cypress Building Department Standards.
10. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
11. 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.
12. All roof mounted equipment, such as heating and air conditioning units, shall be adequately
screened from public view subject to the approval of City staff. Commercial or industrial
developments which adjoin residentially zoned areas shall construct noise bafflers and /or
deflectors on all mechanical equipment mounted outdoors, to the satisfaction of City staff.
13. A comprehensive sign program for both building and freestanding monument signs shall be
submitted for Community Development Department approval prior to any signing
installation. The developer shall not erect or display on the subject property any signs
which have not been approved in writing by the Community Development Department. All
illegal signage shall be removed from the site.
14. Exterior building elevations shall be maintained in a safe appearance such that the buildings
are free of broken, missing or significantly cracked surface finished materials.
15. The parking lot area shall be striped as illustrated on the plans.
• Community Development Department • Planning Division •
434
Exhibit "A"
Design Review Committee No. 97 -4
Conditions of Approval
Page 3
16. 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.
BUILDING CONDITIONS
17. 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.
FIRE CONDITIONS
18. Prior to the issuance of any grading permits, the applicant shall submit and obtain approval
of preliminary plans for all streets and courts, public or private, from the Fire Chief in
consultation with the Manager, Traffic Engineering. The plans shall include the plan view,
sectional view, and indicate the width of the street or court, measured flow line to flow line.
All proposed fire apparatus turnarounds shall be clearly marked when a dead -end street
exceeds 150 feet or when other conditions require it.
19. Prior to the issuance of any grading permit, the applicant shall submit and obtain approval
from the Fire Chief for street improvement plans with fire lanes shown. The plans shall
indicate the locations of red curbing and signage. A drawing of the proposed signage with
the height, stroke and color of lettering and the contrasting background color shall be
submitted to and approved by the Fire Chief.
20. Prior to final sign off of building permits, the approved fire lane marking plan shall be
installed. The applicant shall submit a fire lane map and provisions which prohibit parking
in the fire lanes. A method of enforcement shall be included.
Effective 3/24/97
• Community Development Department • Planning Division •