Resolution No. 6022RESOLUTION NO. 6022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE PERMIT NO. 2007-03 - WITH CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DE [ERMINES, 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.D of the Zoning Ordinance of the City of Cypress to install
new signage and remodel the canopies on an existing Chevron service station located at 9500
Valley View Street, within the CG- 10,000 Commercial General Zone.
2. That in accordance with Section 4.19.060.E of the Cypress Zoning Ordinance, the
Design Review Committee reviewed and approved this project on May 17, 2007.
3. That in accordance with Section 4.19.060.E.2 of the Cypress Zoning Ordinance, the
decision of the Design Review Committee on this project was reported to the City Council on June
11, 2007, during a public meeting of the City Council.
4. That in accordance with Section 4.19.060.F 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 CG- 10,000 Zone in which the site is located,
which is:
Intended as an area to serve the daily shopping needs of the community,
including Iarger, community -scale shopping centers and regional malls,
which may be anchored by several department stores or large -scale retail
outlets, entertainment uses, hotels, and restaurants.
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 subject sign program and canopy up -grade design would be
consistent with other City approvals for similar service station developments within
the City.
(2) The subject sign program would be consistent with the sign standards
set forth in the Cypress Zoning Ordinance, as applicable to service stations in all
commercial zones.
c. The subject sign program, 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. 2007 -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 11th day of June, 2007.
MAYOR OF THE CITY OF CYPRESS
433
ATTEST:
t vC_t t
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
433
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 said City Council held on the 11th
day of June, 2007, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Mills, Narain, Seymore and Luebben
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
KJ2M,Lc y)
CITY CLERK OF THE CITY OF CYPRESS
435
EXHIBIT "A"
Design Review Committee Permit No. 2007 -03
9500 Valley View Street
CONDITIONS OF APPROVAL
Note:
Normal text denotes standard 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.
ENGINEERING CONDITIONS
5. The developer/business owner shall obtain an encroachment permit from the Cypress Public
Works Department for the placement of the new monument -type sign within the comer cut-
off of the City's right -of -way area. The developer/business owner shall also execute a "hold
harmless agreement" with the City of Cypress prior to issuance of a building permit for the
monument sign installation.
• Community Development Department • Planning Division •
436
Exhibit "A"
Design Review Committee Permit No. 2007 -03
Conditions of Approval
COMMUNITY DEVELOPMENT CONDITIONS
Page 2
6. The developer /business owner shall not erect or display on the subject property any signs
which have not been approved in writing by the Community Development Department.
7. The proposed signs shall be constructed and installed as approved by the Design Review
Committee and as illustrated on the plans and renderings submitted for the service station
sign program. Sign text, design, lettering style, and colors of the building signs and the
freestanding sign shall be consistent with the approved 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.
8. 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.
9. No exposed neon shall be permitted on the building or the signs.
10. The installation and method of sign illumination shall be reviewed and approved by the
Planning Division and the Building and Safety Division prior to issuance of building permits
for each sign. 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.
BUILDING CONDITIONS
11. Applicant/developer shall obtain the required permits and 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.
POLICE CONDITIONS
13. The property address shall be clearly identified on both sides of the freestanding sign. 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.
Effective: 6 -11 -2007
• Community Development Department • Planning Division •