Resolution No. 5001182
RESOLUTION NO. 5001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE NO. 98 -28 - 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 allow the replacement of existing canopy fascia and column shrouds for an Arco gas station
located at 4988 Ball Road, within the CN- 10,000 Commercial Neighborhood Zone.
2. That in accordance with Section 35.159 of the Cypress Zoning Ordinance, the
Design Review Committee reviewed and approved this project on August 13, 1998.
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
August 24, 1998, 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 area for community- oriented shopping centers and with limited
retail business service and office facilities.
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 new canopy fascia and column shrouds are compatible and
consistent with the existing development within the CN Commercial
Neighborhood Zone, including exterior building materials and color.
(2) The project complies with the development standards of the CN-
10,000 Commercial Neighborhood Zone.
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 No. 98 -28, 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 24th day of August , 1998.
MPi )
MAYOR OF THE CITY OF CYPRESS
183
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
I, LILLIAN M. HAINA, 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 24th day of August , 1998, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bowman, Carroll, Keenan and Piercy
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Jones
CITY CLERK OF THE CITY OF CYPRESS
184
EXHIBIT "A"
DESIGN REVIEW COMMITTEE NO. 98 -28
4988 Ball Road
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
Bolded conditions indicate those that are specific to this project.
1. The developer shall defend, indemnify, and hold harmless, the City and 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 m. -
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. The sign logos shall be constructed and installed as approved by the Design Review
Committee.
5. Architectural elevations and site plans shall be reviewed and approved by the
Community Development Department prior to the issuance of building permits.
• Community Development Department • Planning Division •
Exhibit "A"
Design Review Committee No. 98 -28
Conditions of Approval
185
Page 2
6. All architectural treatments shall be constructed as illustrated on the plans and
rendering submitted. The final exterior color scheme shall be submitted to City staff
for review and approval prior to the actually painting of the structure.
7. The business owner shall remove or obtain a Temporary Use Permit to legalize all
unpermitted temporary sign displays, banners, flags, and portable signs within 15
days of the signed Agreement to Conditions Imposed.
8. 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 Thirty -Eight Dollars ($38.00) 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.
BUILDING CONDITIONS
9. The project shall comply with applicable provisions of the 1994 Uniform Building,
Plumbing and Mechanical Codes, 1993 National Electrical Code, California
Administrative Code, Title 24, and the Cypress City Code.
10. Construction bins for non - recyclable and recyclable materials generated from the
construction site (residential and non - residential) must be placed "on- site," out of the
public right -of -way.
Effective 8/24/98
• Community Development Department • Planning Division •