Resolution No. 6608098
RESOLUTION NO. 6608
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 3083
- 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 4.19.060.D of the Zoning Ordinance of the City
of Cypress to allow the construction of a second freestanding monument sign located at
10011 -10205 Valley View Street, within the CG Commercial General Zone.
2. That in accordance with Section 4.19.060.E of the Cypress Zoning
Ordinance, the Design Review Committee reviewed this project on January 19, 2017,
3. That in accordance with Section 4.19.060.E.2 of the Cypress Zoning
Ordinance, the decision of the Design Review Committee on this project was reported to
the City Council on February 13, 2017, during a public meeting of the City Council.
4. That in accordance with Section 4.19.060.F 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 CG Commercial General Zone in
which the site is located, which is:
Intended as an area which provides for the continued use, expansion,
and new development of a wide variety of retail and wholesale
commercial enterprises, service uses, entertainment uses, and
similar businesses.
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 freestanding sign design is compatible and
consistent with the existing shopping center, including size and exterior
building materials and color.
(2) The subject is compatible with surrounding commercial
properties within the CG Commercial General Zone.
c. The freestanding sign 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 Permit No. 3083, subject
to the conditions attached hereto as Exhibit "A ".
Any challenge to this Resolution, and the findings set forth therein, must be filed
within the 90 day statute of limitations set forth in Code of Civil Procedure 1094.6.
099
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 13th day of February 2017.
9 AYOR OF THE CITY OF CYPRESS
ATTEST: tt��''
I i.� (,fit I C yvy)
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DENISE BASHAM, 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 13th day of February, 2017, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Yarc, Peat, and Morales
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
10.tiLcot Ouliut41.1
CITY CLERK OF THE CITY OF CYPRESS
100
EXHIBIT "A"
DESIGN REVIEW COMMITTEE PERMIT NO. 3083
10011 -10205 Valley View Street
(Freestanding Sign)
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
1. General Conditions
1.1. Unless and until the project applicant and property owner sign and return a City- provided
affidavit accepting these conditions of approval, there shall be no entitlement of the
application. The project applicant and property owner shall have fifteen (15) calendar days
to return the signed affidavit to the Community Development Department. Failure to do so
will render City Council action on the application void. (Planning)
1.2. The applicant 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 applicant of any claim, action, or proceeding
brought within this time period. (City Attorney)
1.3. 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. (City
Attorney)
1.4. The applicant shall comply with all provisions of the Code of the City of Cypress.
(Planning)
2. Planning — N/A
• Community Development Department • Planning Division •
101
Exhibit "A"
Design Review Committee Permit No. 3083
Conditions of Approval
3. Architectural
Page 2
3.1. All architectural and material 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 sign structure. (Planning)
4. Signage
4.1. The installation and method of sign illumination shall be reviewed and approved by the
Planning Division and the Building and Safety Division. The business owner shall take the
appropriate measures to ensure that the illumination of the sign shall not create glare for
vehicular traffic. All electrical conduits, timer devices, and other electrical equipment shall
be buried underground or concealed within the sign. (Planning)
5. Landscaping — N/A
6. Operational — N/A
7. Property Maintenance
7.1. The freestanding signs shall be maintained free of significant surface cracks, dry rot,
warping, missing panels or masonry, which threaten the structure's structural integrity, or
graffiti which threatens the appearance. (Planning)
7.2. Any graffiti on the sign(s) shall be removed within 24 to 48 hours once notified in writing
by the City. (Planning)
8. Fees
8.1. The applicant shall pay the following fees per Resolution No. 6118, as noted below.
(Engineering)
- Building Plan Check (Prior to submittal of Plans)
- Building Permit and Inspection (Prior to Permit issuance)
8.2. 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 Fifty Dollars ($50.00) 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. (Planning)
• Community Development Department • Planning Division •
102
Exhibit "A"
Design Review Committee Permit No. 3083
Conditions of Approval
9. Engineering — N/A
10. Landscaping within the Public Right -of -Way — N/A
11. Sewer and Wastewater — N/A
12. Street Trees — N/A
13. Street Lighting — N/A
14. Streets
Page 3
14.1. Prior to the issuance of any building permits, the applicant shall provide adequate sight
distance per Engineering Standard Plan 204 and 205 at all street intersections, driveways,
and parkways, in a manner meeting the approval of the City Engineer. The applicant shall
make all necessary revisions to the plan to meet the sight distance requirement such as
removing slopes or other encroachments from the limited use area in a manner meeting the
approval of the City Engineer and City Planner. (Engineering)
15. Subdivisions — N/A
16. Traffic — N/A
17. Utilities — N/A
18. Drainage — N/A
19. Storm Water Quality — National Pollutant Discharge Elimination System — N/A
20. Building and Safety
20.1. Applicant/developer shall obtain the required permits and comply with applicable
provisions of the 2013 California Residential, Building, Plumbing, Electrical, and
Mechanical Codes, the 2013 California Green Building Standards Code, Title 24, and the
City of Cypress Codes. (Building & Safety)
21. Security
21.1. The property address shall be clearly identified on both sides of the freestanding sign
base. A minimum of six -inch (6 ") lettering shall be used for the property address.
(Police Department.)
22. Antennas — N/A
23. Alcohol — On Sale — N/A
• Community Development Department • Planning Division •
103
Exhibit "A"
Design Review Committee Permit No. 3083
Conditions of Approval
24. Alcohol — Off Sale — N/A
25. Fire — N/A
Effective: 2 -13 -2017
SECTIONS
1. General
2. Planning
3. Architectural
4. Signage
5. Landscaping
6. Operational
7. Property Maintenance
8. Fees
9. Engineering
10. Landscaping in the Public Right -of -Way
11. Sewer and Wastewater
12. Street Trees
13. Street Lighting
14. Streets
15. Subdivisions
16. Traffic
17. Utilities
18. Drainage
19. Storm Water Quality
20. Building & Safety
21. Security
22. Antennas
23. Alcohol — On Sale
24. Alcohol — Off Sale
25. Fire
Page 4
• Community Development Department • Planning Division •