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Resolution No. 6028462 RESOLUTION NO. 6028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2007-04 - 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.D of the Zoning Ordinance of the City of Cypress to establish a new signage program for a full service car wash located at 6000 Cerritos Avenue, 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 24, 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 25, 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 larger, 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 would be consistent with other City approvals for similar car washes 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 retail uses 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 -04, 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 25th day of June, 2007. 1111 .r 1.d, cap! -vT MAYOR OF THE C f OF CYPRESS ATTEST: -.6t,e1i CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 463 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 25th day of June, 2007, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Mills, Narain, Seymore and Luebben NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Bailey exLaAif.ey) CITY CLERK OF THE CITY OF CYPRESS 464 EXHIBIT "A" Design Review Committee Permit No. 2007 -04 6000 Cerritos 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 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. 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. A comprehensive sign program for both building and freestanding monument signs shall be submitted for Community Development Department approval prior to the installation of any signs. The 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 • 465 Exhibit "A" Design Review Committee Permit No. 2007 -04 Conditions of Approval Page 2 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 base of the existing monument sign must provide decorative cultured stone accents which will match exterior treatment of the building and columns of the existing canopy. The freestanding sign cabinet shall be painted to match the wall or trim color of the buildings. 8. Changeable copy or lettering on the freestanding sign face is strictly prohibited. 9. 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. 10. The price menu sign indicated on the approved plans shall be wall- mounted and to the satisfaction of the Planning and Building Department. The menu/price sign shall not exceed the height of the existing wall. 11. No other pricing signs other than those described in condition number 10 above shall be attached to the buildings or the perimeter block walls. 12. Any expansion or modification of the approved use beyond what is approved as part of Design Review Permit No. 2007 -04 will require an amendment to this design review committee permit. 13. No exposed neon shall be permitted on the building or the signs. 14. 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. 15. 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. • Community Development Department • Planning Division • 466 Exhibit "A" Design Review Committee Permit No. 2007 -04 Conditions of Approval BUILDING CONDITIONS Page 3 16. 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. POLICE CONDITIONS 17. The property address shall be clearly identified on both sides of the freestanding sign base. 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 -25 -2007 • Community Development Department • Planning Division •