Resolution No. 5625180
RESOLUTION NO. 5625
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE PERMIT NO. 2002-10 - 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 35.157 of the Zoning Ordinance of the City of Cypress to approve a
sign program for the Sav -on Drug Store building located at 5501 Ball Road, in the CG Commercial
General Zone.
2. That in accordance with Section 35.159 of the Cypress Zoning Ordinance, the
Design Review Committee reviewed and approved this project on November 14, 2002.
3. That in accordance with Section 35.159 of the Cypress Zoning Ordinance, the
decision of the Design Review Committee on this project was reported to the City Council on
December 9, 2002, during a public meeting of the City Council.
4. That in accordance with Section 35.161 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 the development of high quality office, industrial and
commercial tenants in order to provide a wide range of employment
opportunities, and thereby widening the employee base of the City of
Cypress.
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 signage is consistent with the sign guidelines of the
CG Commercial General Zone.
(2) The proposed signage will be consistent with other project signage
located within the CG Commercial General Zone.
c. The project, as conditioned, will comply with each of the applicable
provisions of the Cypress Zoning Ordinance, except for the approved administrative adjustment for
sign area on the west elevation of the building.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Design Review Committee Permit No. 2002 -10, 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 9th day of December, 2002.
5. C c ate,
MAYOR OF THE CIT Y`91 CYPRESS
181
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
I, JILL R. INGRAM- GUERTIN, 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 December, 2002, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: McGill, Piercy, Sondhi, Keenan and McCoy
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
182
EXHIBIT "A"
Design Review Committee Permit No. 2002 -10
5501 Ball Road
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
GENERAL CONDITIONS
1. 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 s�. - 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.
2. 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.
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 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 •
183
Exhibit "A"
Design Review Committee Permit No. 2002 -10
Conditions of Approval
COMMUNITY DEVELOPMENT CONDITIONS
Page 2
5. 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.
6. 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 conduit, timer devices, and other electrical equipment shall
be buried underground or concealed within the sign.
7. 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.
8. The maximum height of the monument sign shall not exceed six feet (6'), as measured from
the grade located at the base of the sign.
BUILDING CONDITIONS
9. Applicant/developer shall comply with applicable provisions of the 1997 Uniform Building,
Plumbing and Mechanical Codes, 1996 National Electrical Code, California Code of
Regulations, Title 24, and the Code of the City of Cypress.
10. Type 5 cement shall be used for all foundations and slabs on grade.
POLICE CONDITIONS
11. 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: 12 -9 -2002
• Community Development Department • Planning Division •