Resolution No. 5072482
RESOLUTION NO. 5072
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE PERMIT NO. 99 -6 - 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 a freestanding sign and to revise the sign program for the Cypress
Village Shopping Center located at 9515 -9575 Valley View 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 February 25, 1999.
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
March 22, 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 sign is compatible in design of other existing
freestanding signs located within the CG Commercial General Zone.
(2) The proposed revisions to the sign program will improve the
overall aesthetics and readability of the freestanding sign.
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. 99 -6, 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 22nd day of March 1999.
(CinA)
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CI CL RK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
I, LILLIAN M. HAINA,
that the foregoing Resolution was
on the 22nd day of March
483
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
(AL&
CITY-CLERK OF THE CITY OF CYPRESS
484
EXHIBIT "A"
DESIGN REVIEW COMMITTEE PERMIT NO. 99-6
9515 -9575 Valley View 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 seg. - 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 shall be constructed and installed as approved by the Design Review
Committee.
5. 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.
6. Any landscaping that is removed or damaged due to the removal of the old sign or the
installation of the new sign shall be replaced or restored to its original condition.
• Community Development Department • Planning Division •
Exhibit "A"
Design Review Committee Permit No. 99 -6
Conditions of Approval
485
Page 2
7. The sign shall be maintained in a good, well -kept condition. Any cracked, damaged or
missing sign panels shall be removed and replaced in a timely manner. The landlord
shall be required to remove any sign or signs on the premises where the use advertised
by such sign has been discontinued for a period of over 90 days.
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.
Effective 3/22/99
• Community Development Department • Planning Division •