Resolution No. 4546RESOLUTION NO. 4546
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING A
VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF
CYPRESS, SECTION 15.5.C.2. TO ALLOW A THIRD WALL SIGN.
VARIANCE NO. 95 -10
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 the Zoning
Ordinance of the City of Cypress, Section 15.5.C.2., to allow a third 44 square -foot sign to
remain on the free - standing restaurant building located at 6002 Lincoln Avenue, within the CH-
10,000 Commercial Heavy 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 15.5.C.2.
of the Cypress Zoning Ordinance would result in practical difficulty or unnecessary
physical hardship inconsistent with the objectives of the Zoning Ordinance, because
removal of the sign result in the loss of identification and sales.
(b) The granting of the variance will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties of improvements in the vicinity,
because all three (3) existing wall signs were installed with building permits.
(c) The granting of the 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, since two (2) other variances for additional signage on
similar commercial properties have been granted by the City Council in the past.
(d) The granting of the variance will not detract from the attractiveness or
orderliness of the City's appearance or the surrounding neighborhood.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Variance No. 95 -10, 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.
MAYOR OF THE CITY ®F CYPRESS
ATTEST:
CLERK OF THE Ck�O
CITY C OF CYPRESS
STATE OF CALIFORNIA)
COUNTY OF ORANGE )SS
67
68
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: 5 COUNCIL MEMBERS: Bowman, Carroll, Jones, Kerry
and Age
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
RK OF iPHE CITY OF CYPRESS
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EXHIBIT "A"
VARIANCE NO. 95 -10
6002 LINCOLN AVENUE
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
1. The applicant /property owner 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 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 applicant'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 /property owner shall comply with all provisions of the Code of the City of
Cypress.
COMMUNITY DEVELOPMENT CONDITIONS
4. The area of the three (3) wall signs on the subject restaurant building shall not exceed the
approved 44 square feet.
5 The modified facia of the three (3) wall signs shall be installed as approved on the submitted
elevation drawings.
BUILDING CONDITIONS
6. 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 10 -10 -95
• Community Development Department • Planning Division •