Resolution No. 6132 356
RESOLUTION NO. 6132
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2009-01 -
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 marquee sign for the Oxford Academy School site located at 5172
Orange Avenue, in the PS Public & Semi-Public 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 February 19, 2009.
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 March 9, 2009, 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 establish and set aside properties to be developed with
public uses and identify and preserve areas of historic and
community significance for the enjoyment of future generations.
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 is consistent with the signage approved for
similar public use properties within the City.
(2) The proposed sign is consistent with the sign criteria
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. 2009-01,
subject to the conditions attached hereto as Exhibit "A".
357
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 9th day of March, 2009.
17r * • OFT ° s OF CYPRESS
ATTEST:
i 1t Le-
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 9th day of March, 2009, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Narain, and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
358
EXHIBIT "A"
Design Review Committee Permit No. 2009-01
5172 Orange Avenue
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 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.
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. The proposed sign 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 sign shall be consistent with the approved plans. Final sign
elevation drawings shall be submitted to the Community Development Department for
review and approval prior to the issuance of building permits.
• Community Development Department •Planning Division •
359
Exhibit "A" Page 2
Design Review Committee Permit No. 2009-01
Conditions of Approval
6. The electronic marquee portion of the sign shall comply with the following
requirements:
a. The color of the text shall be limited to blue,green,or violet.
b. The board shall only operate between the hours of 6:30 a.m. and 10:00
p.m.
c. The board shall only display school related and city-sponsored non-
profit event information.
d. The board shall not contain any flashing, moving, or animated
characters or text.
7. No exposed neon shall be permitted on the sign.
8. 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.
9. The name and telephone number of an emergency contact shall be provided to the
Cypress Planning Division for maintenance of the marquee sign.
BUILDING CONDITIONS
10. Applicant/developer shall obtain the required permits and 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.
11. Type 5 cement shall be used for all foundations and slabs on grade.
Effective (Revised): 3-9-2009
• Community Development Department • Planning Division •