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Resolution No. 454152 RESOLUTION NO. 4541 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE NO. 95 -46 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 in accordance with the provisions of Section 18.2 of the Zoning Ordinance of the City of Cypress to add a twenty -five square foot sign to an existing building located at 4450 Lincoln Avenue in the CH Commercial Heavy 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 September 28, 1995, at which it approved the addition of the twenty -five square foot sign to the existing restaurant building. 3. That the decision of the Design Review Committee on Design Review Committee No. 95 -46 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 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 proposed sign is consistent with the General Plan and the Zoning Ordinance. (2) The proposed sign complies with the development standards of the CH Commercial Heavy Zone. (3) The proposed sign will not adversely impact the adjacent commercial uses in that the sign will be consistent with those which have been approved for similar buildings in this zone. c. The proposed sign will comply with each of the applicable provisions of the Zoning Ordinance. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Design Review Committee No. 95 -46, 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 10th day of October , 1995. M YOR OF THE CITY OF PRESS ATTEST: CITY CLERK OF T CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 53 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 10th day of October , 1995, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Bowman, Carroll, Jones and Kerry NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Age 1„ CITY CLERK OF THE ITY OF CYPRESS 54 EXHIBIT "A" DESIGN REVIEW COMMITTEE NO. 95 -46 4450 Lincoln Avenue CONDITIONS OF APPROVAL 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 seq. - 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 Code of the City of Cypress. 4. The applicant shall obtain a Cypress business license prior to commencement of the business operation. 5. All business activity shall occur within the building. Temporary use permits may be granted for outdoor activity in accordance with Section 13.1 of the Cypress Zoning Ordinance. 6. 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 California Environmental Quality Act Notice of Exemption with the County of Orange. 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. Effective 10/10/95 • Community Development Department • Planning Division • 179 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting held on the 13th day of February 1995; by the following roll call vote : AYES : 5 COUNCIL MEMBERS : Bowman, Carroll, Jones, Kerry, NOES: 0 COUNCIL MEMBERS : None and Age ABSENT: 0 COUNCIL MEMBERS : None CIT edg O BTHE CITY OF CYPRESS - 2 -