Resolution No. 6349508
RESOLUTION NO. 6349
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT TO DESIGN REVIEW COMMITTEE
PERMIT NO. 2004 -10 - 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 an Amendment to Design Review
Committee Permit No. 2004 -10, in accordance with the provisions of Section 35.157 of the
Zoning Ordinance of the City of Cypress to approve a sign program for the Cypress Center
commercial development located at the northeast corner of Moody Street and Ball Road
(5011 -5123 Ball Road) in the CN Commercial Neighborhood Zone.
2. That in accordance with Section 35.159 of the Cypress Zoning Ordinance,
the Staff Review Committee reviewed and approved this project on December 6, 2012.
3. That in accordance with Section 35.159 of the Cypress Zoning Ordinance,
the decision of the Staff Review Committee on this project was reported to the City Council
on January 14, 2013, during a public meeting of the City Council.
4. That in accordance with Section 35.161 of the Cypress Zoning Ordinance,
the effective date of the Staff 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 CN Commercial Neighborhood
Zone in which the site is located, which is:
Intended 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 proposed amendment to the existing sign program is
consistent with the signage approved for similar developments within the
City.
(2) The proposed amendment to the existing sign program is
consistent with the signage area standards for the CN Commercial
Neighborhood Zone, as set forth in the Cypress Zoning Ordinance.
(3) The proposed amendment to the existing sign program would
consist of a 6' x 8' monument sign.
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 Amendment to Design Review Committee Permit
No. 2004 -10, 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.
509
PASSED AND ADOPTED by the City Council ofitl City of Cypress at a regular
meeting held on the 14th day of January, 2013.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
104.00L 60,o422-ktv)
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 14th day of January, 2013, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Yarc, Johnson, Mills and Narain
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Bailey
CITY CLERK OF THE CITY OF CYPRESS
510
EXHIBIT "A"
Amendment to Design Review Committee Permit No. 2004 -10
5011 -5123 Ball Road
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
GENERAL CONDITIONS
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.
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 sq. - 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.
3. The applicant/developer shall comply with all provisions of the Code of the City of Cypress.
4. 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 CONDITIONS
5. Any expansion or modification of the approved use beyond what is approved as part of
Amendment to Design Review Committee Permit No. 2004 -10 will require an additional
amendment.
6. The existing comprehensive sign program for the commercial center shall be revised to
include the proposed monument expansion and shall be submitted to the Community
Development Department prior to the construction of the proposed sign.
7. The applicant/developer shall not erect or display on the subject property any signs which
have not been approved in writing by the Community Development Department.
• Community Development Department • Planning Division •
511
Exhibit "A"
Amendment to Design Review Committee Permit No. 2004 -10
Conditions of Approval
Page 2
8. The proposed signs shall be constructed and installed as approved by the Design Review
Committee and as illustrated on the plans and renderings submitted. Sign text, design,
lettering style, and colors of the building signs and the freestanding sign shall be consistent.
Final sign elevation drawings shall be submitted to the Community Development
Department for review and approval prior to the issuance of building permits.
9. Changeable copy or lettering on the freestanding sign face is strictly prohibited.
10. No banner signs shall be permitted, except in compliance with the City Code provisions for
temporary signs. Temporary use permits may be granted for temporary sale signage in
accordance with Sections 3.15.110.F and 4.19.040.F of the Cypress Zoning Ordinance.
11. No exposed neon shall be permitted on the building or the signs.
12. 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.
13. Upon expiration or termination of the tenant's lease term, the tenant 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.
PUBLIC WORKS CONDITIONS
Streets
14. Prior to issuance of certificate of occupancy, the applicant shall remove and replace any
existing public improvements at the development site which have existing damage, are
damaged due to construction, or otherwise below current standards, to the satisfaction of the
Engineering Division Manager.
BUILDING CONDITIONS
15. Applicant/developer shall obtain the required permits and comply with applicable provisions
of the 2010 California Building, Plumbing, Electrical, and Mechanical Codes, the 2010
California Administrative Code, Title 24, and the Code of the City of Cypress.
16. Type 5 cement shall be used for all foundations and slabs on grade
Effective: 1 -14 -2013
• Community Development Department • Planning Division •