Resolution No. 6644RESOLUTION NO. 6644
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 3106
- 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 installation of a 20' x 20' fabric canopy located at 6200 Phyllis
Drive, within the PC -2 Planned Community Business Park Zone.
2. That in accordance with Section 4.19.060.E of the Cypress Zoning
Ordinance, the Design Review Committee reviewed this project on August 24, 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 September 11, 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 zone in which the site is located,
which is:
Intended to result in a development of a general business park
character, including light industrial, office, and retail uses, which
compliment surrounding, existing, and planned land uses.
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 canopy is compatible and consistent with the exterior
architecture of the buildings materials and color.
(2) The canopy would be screened by surrounding mature trees
located within the site.
c. The canopy, 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. 3106, 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.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 11th day of September, 2017.
9AYOR OF THE CITY OF CYPRESS
282
ATTEST:
!Yl
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
283
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 11th day of September, 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
CITY CLERK OF THE CITY OF CYPRESS
EXHIBIT "A"
Design Review Committee Permit No. 3106
6200 Phyllis Drive
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
affidavit accepting these conditions of approval, there shall be
application. The project applicant and property owner shall have 15
the signed affidavit to the Community Development Department.
render City Council action on the application void. (Planning)
return a City- provided
no entitlement of the
calendar days to return
Failure to do so will
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 semc . - 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 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)
1.5. All requirements of the Cypress Building and Safety Division shall be satisfied prior to the
issuance of a building permit. (Planning)
1.6. All requirements of the Orange County Fire Authority (OCFA) shall be complied with prior
to the issuance of a building permit. (Planning)
• Community Development Department • Planning Division •
284
285
Exhibit "A"
Design Review Committee Permit No. 3106
Conditions of Approval
Page 2
1.7. Any and all correction notice(s) generated through the plan check and /or inspection
process is /are hereby incorporated by reference as conditions of approval and shall be
fully complied with by the owner, applicant and all agents thereof. (Planning)
2. Planning
2.1. Any expansion or modification of the approved structure beyond what is approved as part
of this permit will require an amendment to the Design Review Committee Permit.
(Planning)
2.2. This permit may be modified or revoked by the City Council should the Council determine
that the proposed use or conditions under which it is being operated or maintained is
detrimental to the public health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity. (Planning)
3. Architectural
3.1. The posts color shall match the building color. (Planning)
3.2. The color of the canopy material shall match window color. (Planning)
3.3. The canopy fabric material shall be replaced if faded or tom as determined by the City.
(Planning)
4. Signage
4.1. Advertisement of any kind on the canopy is prohibited. (Planning)
5. Landscaping - N/A
6. Operational - N/A
7. Property Maintenance
7.1. All walls, fences, and trash enclosures shall be maintained free of significant surface cracks,
dry rot, warping, missing panels or blocks, which threaten the structure's structural integrity
or graffiti which threatens the appearance. (Planning)
7.2. Parking lot surfaces and pedestrian walkways shall be maintained in a safe condition such
that any concrete, asphalt, or other driving or walking surfaces are free of potholes, buckled
or cracked surfaces, or raised areas. (Planning)
7.3. The property shall be maintained free of the accumulation of trash and debris. Trash and
debris associated with the permitted uses are to be stored solely in designated trash
enclosures. (Planning)
• Community Development Department • Planning Division •
286
Exhibit "A"
Design Review Committee Permit No. 3106
Conditions of Approval
8. Fees
Page 3
8.1. Within 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 $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 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
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 — N/A
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 2016 California Residential, Building, Plumbing, Electrical, and
Mechanical Codes, the 2016 California Green Building Standards Code, Title 24, and the
City of Cypress Codes. (Building & Safety)
20.2. Grading, demolition, and exterior building construction activities shall be limited to the
hours of between 7:00 a.m. and 8:00 p.m. Monday through Friday, between 9:00 a.m. and
8:00 p.m. on Saturday, if the City's noise standards are exceeded. Interior building
construction and tenant improvements shall be limited to the hours between 7:00 a.m. and
8:00 p.m. Monday through Saturday, only if the City's noise standards are exceeded. If
complaints are received regarding noise from grading or demolition, further
• Community Development Department • Planning Division •
287
Exhibit "A"
Design Review Committee Permit No. 3106
Conditions of Approval
Page 4
restrictions may be imposed on the start time of construction by the Director of
Community Development, up to a 9:00 a.m. start time. No construction activity shall be
allowed on Sundays or federal holidays. In addition, construction equipment shall be
equipped with effective muffling devices. Compliance with this measure is subject to field
inspection by City staff. (Building & Safety)
20.3. Prior to final certificate of occupancy, as required by California State Health and Safety
Code Section 19850, the applicant shall provide copies of the stamped approved plans and
any revisions on CD in PDF format to the City of Cypress Building Division to serve as the
official file copy of the approved building plans. (Building & Safety)
21. Security - N/A
22. Antennas — N/A
23. Alcohol — On Sale — N/A
24. Alcohol — Off Sale — N/A
25. Fire
Effective: 9 -11 -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
• Community Development Department • Planning Division •