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Resolution No. 6472221 RESOLUTION NO. 6472 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 3002 - 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 approve a sign program for the industrial buildings located at 10800 Valley View Street and 6125 Chip Avenue, in the PC -4 Planned Community Business Park 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 October 9, 2014. 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 October 27, 2014, 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 as an area for modern industrial and research developments and commercial uses that can meet high performance and development standards, and to allow a diversification of specified land uses as they relate to each other in a physical and environmental arrangement. 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 industrial and office developments within the City. (2) The proposed sign program is consistent with the sign criteria of the Warland /Cypress Business Center Specific Plan and 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. 3002, 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. 222 PASSED AND ADOPTED by the City Council •f the City of Cypress, at a regular meeting held on the 27th day of October, 2014. ATTEST: f &ft;3 06 ,014 ell CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS MAY 1 F THE CITY OF CYPRESS 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 27th day of October, 2014, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bailey, Narain, Yarc, Johnson and Mills NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE CITY OF CYPRESS 223 EXHIBIT "A" Design Review Committee Permit No. 3002 10800 Valley View Street and 6125 Chip Avenue SIGN PROGRAM 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) 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) 2. Planning N/A • Community Development Department • Planning Division • 224 Exhibit "A" Design Review Committee Permit No. 3002 Conditions of Approval 3. Architectural N/A 4. Signage Page 2 4.1. The proposed signs shall be constructed and installed as approved by the Staff Review Committee and as illustrated in the 10800 Valley View Street and 6125 Chip Avenue Tenant Sign Program. Sign, text, design, lettering style, and colors of the building signs and the freestanding signs shall be consistent with the program. Final sign elevations drawing shall be submitted to the Community Development Department for review and approval prior to the issuance of building permits. (Planning) 4.2. Changeable copy or lettering on the freestanding sign face is prohibited. (Planning) 4.3. 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 conduits, timer devices, and other electrical equipment shall be buried underground or concealed within the sign. (Planning) 4.4. Upon expiration or termination of the tenant's lease term, the tenant shall remove all wall signs, patch the walls, and paint the patched area to match the surrounding wall area. The 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. (Planning) 4.5. The applicant shall provide adequate sight distance for all monument signs per Engineering Standard Plan 204 and 205 at all street intersections, driveways, and parkways in a manner meeting the approval of the Engineering Division Manager. (Engineering) 5. Landscaping N/A 6. Operational N/A 7. Property Maintenance N/A 8. Fees 8.1. 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 • 225 Exhibit "A" Design Review Committee Permit No. 3002 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 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 Page 3 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. The property address shall also be posted in a visible location on the building. (Police Department.) 22. Antennas N/A 23. Alcohol — On Sale N/A 24. Alcohol — Off Sale N/A 25. Fire N/A • Community Development Department • Planning Division • 226 Exhibit "A" Design Review Committee Permit No. 3002 Conditions of Approval Effective: 10 -27 -2014 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 •