Resolution No. 6127 322
RESOLUTION NO. 6127
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2008-04 -
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 Walgreens Drug Store located at 6006 Lincoln
Avenue, in the PC Planned Community Zone, Lincoln Avenue Specific Plan area.
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 6, 2008.
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 November 24, 2008, 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 provide the opportunity for design and development of
integrated, master-planned projects in areas of the City which may
benefit from special design standards and land uses not otherwise
possible under conventional zoning district regulations.
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 freestanding drug store developments within the City.
(2) The proposed sign program is consistent with the sign
guidelines contained in the Lincoln Avenue Specific Plan.
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. 2008-04,
subject to the conditions attached hereto as Exhibit "A".
323
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 24th day of November, 2008. / l,, l
� /`'Y/`'�1 v V 1
MAYOR OF THE CI 6 OF CYPRESS
ATTEST:
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 24th day of November, 2008, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Luebben, Narain, Mills, and Seymore
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
324
EXHIBIT "A"
Design Review Committee Permit No. 2008-04
6006 Lincoln Avenue
CONDITIONS OF APPROVAL
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 sec. - 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 shall further cooperate fully in the defense of the action and should the City fail
to either promptly notify or cooperate fully, developer shall not thereafter be responsible to
defend, indemnify, or hold harmless the City.
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.
4. The applicant/developer shall comply with all provisions of the Code of the City of Cypress.
5. 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 •
325
Exhibit "A" Page 2
Design Review Committee Permit No. 2008-04
Conditions of Approval
COMMUNITY DEVELOPMENT CONDITIONS
6. 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.
7. The stone veneer proposed at the base of the monument sign shall be consistent with the
color and type of veneer located at the base of the building.
8. Changeable copy or lettering on the freestanding sign face is strictly prohibited.
9. The installation and method of sign illumination shall be reviewed and approved by both the
Planning and Building and Safety Divisions. 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.
10. Upon expiration or termination of the tenant's lease term, the tenant shall remove all wall
signs, patch the canopy and facia, and paint the patched area to match the surrounding wall
facia. 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.
11. 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.
12. No exposed neon shall be permitted on the building or the signs.
BUILDING CONDITIONS
13. Applicant/developer shall comply with applicable provisions of the 2007 California Building,
Plumbing, Electrical, and Mechanical Codes, the 2007 California Administrative Code, Title
24, and the Code of the City of Cypress.
14. Type 5 cement shall be used for all foundations and slabs on grade.
POLICE CONDITION
15. The property address shall be clearly identified on both the north and west elevations of the
building. A minimum of six-inch (6") lettering shall be used for the property address.
Effective: 11-24-2008
• Community Development Department•Planning Division •