Resolution No. 4779453
RESOLUTION NO. 4779
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE NO. 97 -6 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 replacement of existing wall and ground signs located at 5865 Katella Avenue, within
the PC -3 Planned Community Business Park 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 20, 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
April 14, 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 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 opportunity for a variety of high quality office,
industrial, and commercial tenants, consistent with the City's
General Plan. The Specific Plan for this zone ensures that the
development is perceived as a single, cohesive business park
complex; and that design measures encompassing landscaping,
signage, setbacks, and streetscapes will combine to establish the
unique character of the development.
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 size and location of the subject signage is in accord
with the objectives of the Cypress Zoning Ordinance and the McDonnell Center
Amended Specific Plan.
(2) The proposed signage will not detract from the attractiveness or
orderliness of the City's appearance or the surrounding neighborhood, because the
proposed signage replacement and increased sign area is consistent with the
character and in scale with the mass of the building and site.
(3) The proposed signage is compatible with the surrounding business
park development.
c. The proposed signage, as conditioned, will comply with each of the
applicable provisions of the Cypress Zoning Ordinance, and the McDonnell Center
Amended Specific Plan, except for the proposed Variance No. 97 -1.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Design Review Committee No. 97 -6, subject to the conditions
attached hereto as Exhibit "A" .
1
454
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 14th day of April , 1997.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, LILLIAN M. HAINA,
that the foregoing Resolution was
on the 14th day of April
0
MAYOR OF THE CITY OF CYPRESS
City Clerk of the City of Cypress, DO HEREBY CERTIFY
duly adopted at a regular meeting of the said City Council held
, 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
2
CITY CLERK OF THE CITY OF CYPRESS
455
EXHIBIT "A"
DESIGN REVIEW COMMITTEE PERMIT NO. 97 -6
5865 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 (§ 2100 et seg. - 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 /contractor 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 Planning Division a check payable to the County Clerk 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 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 CONDITIONS
• Community Development Department • Planning Division •
456
Exhibit "A"
Design Review Committee No. 97 -6
Conditions of Approval
Page 2
*5. All signage shall be maintained in good condition at all times. Any change from the
approved sign design, colors, or materials shall require the approval of the Design
Review Committee prior to installation.
*6. The applicant shall apply with all applicable conditions of Variance No. 97 -1.
BUILDING DEPARTMENT CONDITIONS
7. Applicant /contractor 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.
*8. All illuminated signs shall contain U.L. approved equipment.
Effective 4 -14 -97
• Community Development Department • Planning Division •