Resolution No. 6541165
RESOLUTION NO. 6541
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 3048
- 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 revised sign program for the industrial building located at 6251
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 this project on October 15, 2015.
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 November 23, 2015, 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 industrial and office developments within the City.
(2) The proposed sign program is consistent with the sign criteria
of 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. 3048, subject
to the conditions attached hereto as Exhibit "A ".
Any challenge to this Resolution, and the findings set forth therein, must be filed
within the 90 day statute of limitations set forth in Code of Civil Procedure 1094.6.
166
PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular
meeting held on the 23rd day of November, 2015.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR OF Ti ITY OF CYPRESS
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 23`d day of November, 2015, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Morales, Peat, Yarc and Johnson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
EXHIBIT "A"
Design Review Committee Permit No. 3048
6251 Katella Avenue
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
1. General Conditions
1.1. 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. (Planning)
1.2. The applicant 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 applicant of any claim, action, or proceeding
brought within this time period. (City Attorney)
1.3. The applicant'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. (City
Attorney)
1.4. The applicant shall comply with all provisions of the Code of the City of Cypress.
(Planning)
1.5. Any and all correction notice(s) generated through the plan check and /or inspection
process is /are hereby incorporated by reference as conditions of approval and shall be
fully complied with by the owner, applicant, and all agents thereof. (Planning)
2. Planning N/A
3. Architectural N/A
• Community Development Department • Planning Division •
167
168
Exhibit "A"
Design Review Committee Permit No. 3048
Conditions of Approval
4. Signage
Page 2
4.1. The proposed signs shall be constructed and installed as approved by the Design Review
Committee and as illustrated in the 6251 Katella Avenue Tenant Sign Program. Sign, text,
design, lettering style, and colors of the building sign and the freestanding signs shall be
consistent with the program. Final sign elevation drawing shall be submitted to the
Community Development Department for review and approval prior to the issuance of
building permits. (Planning)
4.2. Changeable copy or lettering on the freestanding sign face is prohibited. (Planning)
4.3. 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. (Planning)
4.4. Upon expiration or termination of the tenant's lease term, the tenant shall remove all wall
signs, patch the walls, and paint the patched areas to match the surrounding wall area. The
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.
(Planning)
4.5. The applicant shall provide adequate sign distance for all monuments signs per Engineering
Standard Plan 204 and 205 at all street intersections, driveways, and parkways in a manner
meeting the approval of the Engineering Division Manager. (Engineering)
5. Landscaping N/A
6. Operational N/A
7. Property Maintenance N/A
8. Fees
8.1 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. (Planning)
9. Engineering N/A
• Community Development Department • Planning Division •
169
Exhibit "A" •
Design Review Committee Permit No. 3048
Conditions of Approval
10. Landscaping within the Public Right -of -Way N/A
11. Sewer and Wastewater N/A
12. Street Trees N/A
13. Street Lighting N/A
14. Streets N/A
15. Subdivisions N/A
16. Traffic N/A
17. Utilities N/A
18. Drainage N/A
19. Storm Water Quality — National Pollutant Discharge Elimination System N/A
20. Building and Safety
Page 3
20.1. Applicant/developer shall obtain the required permits and comply with applicable
provisions of the 2013 California Residential, Building, Plumbing, Electrical, and
Mechanical Codes, the 2013 California Green Building Standards Code, Title 24, and the
City of Cypress Codes. (Building & Safety)
20.2. Grading and exterior building construction activities shall be limited to the hours of
between 7:00 a.m. and 8:00 p.m. Monday through Friday, between 9:00 a.m. and 8:00 p.m.
on Saturday, if the City's noise standards are exceeded. Interior building construction and
tenant improvements shall be limited to the hours between 7:00 a.m. and 8:00 p.m. Monday
through Saturday, only if the City's noise standards are exceeded. No construction activity
shall be allowed on Sundays or federal holidays. In addition, construction equipment shall
be equipped with effective muffling devices. Compliance with this measure is subject to
field inspection by City staff. (Building & Safety)
21. Security
21.1. 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. (Police
Department.)
22. Antennas N/A
• Community Development Department • Planning Division •
170
Exhibit "A"
Design Review Committee Permit No. 3048
Conditions of Approval
23. Alcohol — On Sale N/A
24. Alcohol — Off Sale N/A
25. Fire N/A
Effective: 11 -23 -2015
SECTIONS
1. General
2. Planning
3. Architectural
4. Signage
5. Landscaping
6. Operational
7. Property Maintenance
8. Fees
9. Engineering
10. Landscaping in the Public Right -of -Way
11. Sewer and Wastewater
12. Street Trees
13. Street Lighting
14. Streets
15. Subdivisions
16. Traffic
17. Utilities
18. Drainage
19. Storm Water Quality
20. Building & Safety
21. Security
22. Antennas
23. Alcohol — On Sale
24. Alcohol — Off Sale
25. Fire
Page 4
• Community Development Department • Planning Division •