Resolution No. 5047408
RESOLUTION NO. 5047
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE NO. 98 -43 - 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 front facade remodel of an existing shopping center located at 9907 -9967 Walker
Street, within 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 December 31, 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
January 11, 1999, 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 a wide variety of retail and wholesale commercial
enterprises, service uses, entertainment uses, and similar businesses.
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 facade remodel is compatible with the design and
scale of surrounding development.
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 -43, 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 11 th day of January
, 1999.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
I, LILLIAN M. HAINA,
that the foregoing Resolution was
on the 11th day of January
409
City Clerk of the City of Cypress, DO HEREBY CERTIFY
duly adopted at a regular meeting of the said City Council held
, 1999, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Piercy, Sondhi
and Keenan
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CI CITY OF CYPRESS
CITY CL RK OF THE
410
EXHIBIT "A"
DESIGN REVIEW COMMITTEE NO. 98-43
9907 -9967 Walker Street
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, 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. 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 facade improvements shall be constructed as approved by the Design Review
Committee.
5. Any existing buildings signs that will need to be relocated as part of the facade
renovation shall be reinstalled in accordance with the approved planned sign
program for this shopping center.
6. The applicant shall comply with all 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.
7. An automatic fire sprinklers system, approved by the Fire Marshal may be required.
• Community Development Department • Planning Division •
Exhibit "A"
Design Review Committee No. 98 -43
Conditions of Approval
8. Type 5 cement shall be used for all foundations and slabs on grade.
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Page 2
9. Ample lighting shall be provided under the canopy area of the new facade, especially
between the large columns and the building, to allow better visibility of this area for
patrol vehicles. On site security lighting shall be arrange so that direct rays will not
shine on adjacent properties or produce glare for street traffic.
10. Signs shall be posted to prevent loitering, skateboarding or bicycle riding on the
sidewalk area.
11. 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.
Effective 1/11/99
• Community Development Department • Planning Division •