Resolution No. 6399235
RESOLUTION NO. 6399
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2013 -02
- 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 of the Zoning Ordinance of the City of
Cypress to establish a new sign program for the Cypress West Shopping Center located
at 4005 -4197 Ball Road, in the CG Commercial General Zone.
2. That in accordance with Section 4.19.060 of the Cypress Zoning Ordinance,
the Design Review Committee reviewed and approved this project on November 27,
2013.
3. That in accordance with Section 4.19.060 of the Cypress Zoning Ordinance,
the decision of the Design Review Committee on this project was reported to the City
Council on December 9, 2013, during a public meeting of the City Council.
4. That in accordance with Section 4.19.060 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 serve the daily shopping needs of the community,
including larger, community -scale shopping centers, and regional
malls, which may be anchored by several department stores or other
large -scale retail outlets, entertainment uses, hotels, and
restaurants.
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 program is consistent with the signage
approved for similar commercial shopping centers located within the City.
(2) The proposed sign program is consistent with the general sign
standards contained in the Cypress Zoning Code.
c. The 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. 2013 -02,
subject to the conditions attached hereto as Exhibit "A ".
PASSED AND ADOPTED by the City Council of the City 9f Cypress at a regular
meeting held on the 9th day of December, 2013. /,�� �'
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
236
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 9th day of December, 2013, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Yarc, Narain, Bailey, Johnson and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
O w)
CITY CLERK OF THE CITY OF CYPRESS
237
EXHIBIT "A"
Design Review Committee Permit No. 2013 -02
4005 -4197 Ball Road
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 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 Attorney)
1.3. The developer'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/developer shall comply with all provisions of the Code of the City of
Cypress. (Planning)
1.5. 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)
• Community Development Department • Planning Division •
238
Exhibit "A"
Conditional Use Permit No. 2013 -01
Conditions of Approval
2. Signage
Page 2
2.1. The proposed signs shall be constructed and installed as approved by the Staff Review
Committee and as illustrated in the Shops at Cypress Plaza Sign Program. Sign text,
design, lettering style, and colors of the building signs and the freestanding sign shall be
consistent with the Sign Program. Final sign elevation drawings shall be submitted to the
Community Development Department for review and approval prior to the issuance of
building permits. (Planning)
2.2. Changeable copy or lettering on the freestanding sign face is prohibited. (Planning)
2.3. 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 conduit, timer devices, and other electrical equipment shall
be buried underground or concealed within the sign. (Planning)
3. Property Maintenance
3.1. Upon expiration or termination of the tenant's lease term, the tenant or property owner shall
remove all wall signs, patch the canopy and fascia, and paint the patched area to match the
surrounding wall fascia. This painted area shall constitute the entire wall of the tenant
space or entire building if there are no screed lines or architectural projections to provide a
clear line of demarcation.
4. Fees
4.1. Prior to the issuance of building permits, or as noted below, the applicant shall pay the
following fees per Resolution No. 6118, except as otherwise noted below.
- Building Plan Check (Prior to Submittal of Plans) (B &S)
- Building Permit and Inspection (Prior to Permit Issuance) (B &S)
4.2. 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.
• Community Development Department • Planning Division •
239
Exhibit "A"
Conditional Use Permit No. 2013 -01
Conditions of Approval
5. Building and Safety
Page 3
5.1. Applicant /developer shall obtain the required permits and comply with applicable
provisions of the 2013 California Building, Plumbing, Electrical, and Mechanical Codes,
the 2013 California Administrative Code, Title 24, and the Code of the City of Cypress.
5.2.Type 5 cement shall be used for all foundations and slabs on grade.
Effective: December 9, 2013
6. Planning - N/A
7. Architectural - N/A
8. Landscaping
9. Operational - N/A
10. Engineering - N/A
11. Landscaping in the Public Right -of -Way - N/A
12. Sewer and Wastewater - N/A
13. Street Trees - N/A
14. Street Lighting - N/A
15. Streets - N/A
16. Subdivisions -N /A
17. Traffic - N/A
18. Utilities - N/A
19. Drainage - N/A
20. Storm Water Quality - N/A
21. Security - N/A
22. Antennas - N/A
23. Alcohol - N/A
24. Alcohol - On Sale General - N/A
25. Alcohol - Off Sale Beer & Wine - N/A
26. Fire - Residential - N/A
27. Fire - Commercial - N/A
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
• Community Development Department • Planning Division •
240
Exhibit "A"
Conditional Use Permit No. 2013 -01
Conditions of Approval
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
24. Alcohol — On Sale General
25. Alcohol — Off Sale Beer & Wine
26. Fire - Residential
27. Fire - Commercial
28. Additional Conditions
Page 4
• Community Development Department • Planning Division •