Resolution No. 5946RESOLUTION NO. 5946
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMTITEE PERMIT NO. 2006-03 - 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 commercial shopping center located at 6812 -6964 Katella 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 May 4, 2006.
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 May
22, 2006, 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 commercial shopping centers located within the City.
(2) The proposed sign program is consistent with the sign criteria
contained in 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. 2006 -03, subject to the
conditions attached hereto as Exhibit "A ".
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting
held on the 22nd day of May, 2006.
F THE CITY OF CYPRESS
102
ATTEST:
td r
CT FRK OF THE CIT *F CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
I, JILL R. INGRAM, 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
22nd day of May, 2006, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: McCoy, Seymore, Luebben and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: McGill
CLERK OF THE CITY
YPRESS
103
104
EXHIBIT "A"
Design Review Committee Permit No. 2006 -03
6812 -6964 Katella 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 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 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 Forty -Three Dollars ($43.00) 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 •
105
Exhibit "A"
Design Review Committee Permit No. 2006 -03
Conditions of Approval
COMMUNITY DEVELOPMENT CONDITIONS
Page 2
6. 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.
7. Changeable copy or lettering on the freestanding signs is strictly prohibited.
8. 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.
9. 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. 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.
10. All ground and freestanding signs, located in the vicinity of the project driveways, shall be
located outside of the City's required sight distance clearance zone.
BUILDING CONDITIONS
11. Applicant/developer shall comply with applicable provisions of the 2001 California
Building, Plumbing, Electrical, and Mechanical Codes, the 2001 California Administrative
Code, Title 24, and the Code of the City of Cypress.
12. Type 5 cement shall be used for all foundations and slabs on grade.
Effective: 5 -22 -2006
• Community Development Department • Planning Division •