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Resolution No. 453018 RESOLUTION NO. 4530 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 95 -33 - 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 design review in accordance with the provisions of Section 18.2 of the Zoning Ordinance of the City of Cypress to install a wall sign with logo at the main entrance, located within the Los Alamitos Race Track, 4961 Katella Avenue, in the PS 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 July 29, 1995, at which it approved the installation of a 281 square foot wall sign with logo placed at the entrance of the race track. 3. That the decision of the Design Review Committee on Design Review Committee Permit No. 95 -33 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 permit adequate identification of areas reserved and developed for public uses other than street right -of -ways, to provide for expansion of their operations or change in use, and to identify and preserve areas of historic and community significance for the enjoyment of future generations. 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 improvements are consistent with the goals and policies of the Cypress Business and Professional Center Specific Plan. (2) The project complies with the development standards of the specific plan. (3) The proposed project will define the entrance to the Race Track thereby meeting the intent of the specific plan. c. The proposed project will comply with each of the applicable provisions of the Zoning Ordinance and the Cypress Business and Professional Center Specific Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Design Review Committee Permit No. 95 -33, 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 11th day of September , 1995. e-24-44;d0R OF THE CITY OF C RESS ATTEST: CIT CLERK OF THE CI Y OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DARRELL ESSEX, 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 11th day of September , 1995, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Bowman, Carroll, Jones and Age NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAINED: 1 COUNCIL MEMBERS: Kerry Q� CITY CLERK OF TH CITY 2 CYPRESS 19 20 EXHIBIT "A" Design Review Committee Permit No. 95 -33 4961 Katella Avenue CONDITIONS OF APPROVAL 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 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 developers 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 Section VII Design Guidelines, C. Signage, 2.a. Wall Signs of the Business and Professional Centers Specific Plan of the City of Cypress. 4. All applicable conditions of Design Review Committee Permit No. 95- 33/Variance No.95- 9 shall be complied with prior to final release of sign installation. 5. 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 in the amount of Twenty -five Dollars ($25.00) County administrative fee, to enable the City to file the Notice of Exemption in accordance with Public Resources Code Section 21152. 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 • 21 Exhibit "A" Design Review Committee Permit No. 95 -33 and Variance No. 95 -9 Conditions of Approval COMMUNITY DEVELOPMENT CONDITIONS Page 2 6. Wall sign shall be maintained in a safe appearance such that the buildings are free of broken, missing or significantly cracked surface finished materials. 7. Sign shall not exceed the approved 281 square feet. 8. Sign shall be installed as approved on the submitted elevations drawings. BUILDING CONDITION 9. Applicant /developer shall comply with applicable provisions of the 1991 Uniform Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California Code of Regulations, Title 24, and the Code of the City of Cypress. Effective 09/11/95 • Community Development Department • Planning Division •