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Resolution No. 3554439 RESOLUTION NO. 3554 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 89 -4 - 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 conditional use permit in accordance with the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to construct a 202,000 square foot Fuji Film distribution center including a truck loading dock facing a non - arterial street, at 6200 Phyllis Drive. 2. That the City Council, after proper notice thereof, duly held a public hearing on said application as provided by law. 3. That the City Council hereby finds that: a. The proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purpose of the zone in which the site is located is: (1) To encourage the establishment of a planned community of balanced commercial and research /development uses in an area where it is deemed desirable to provide for varied business facilities and to establish standards of design and type of use which will enhance the area, be in harmony with the objectives of the City's General Plan and minimize detrimental effects to the public health, safety and welfare. (2) To designate an area for modern office, commercial and research /development land uses that can meet high performance and development standards, while benefiting the community through growth, revenue generation and providing an increasing supply of citizen employment services. (3) To allow diversification of specified land uses as they relate to each other in a physical and environmental arrangement, while ensuring substantial compliance with the overall goals of the City as identified in the various elements of the General Plan. (4) Allow for a well designed business park; one which can respond to changing future market conditions. (5) Realize land uses and quality development which are compatible with surrounding uses and which take advantage of site characteristics. (6) Provide design standards to assure a well designed, high quality aesthetically pleasing environment which will result from future development within the Cypress Corporate Center. b. The proposed location of the conditional use 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 land use is consistent with the General Plan and Specific Plan. (2) Existing public services and utilities in the area are adequate to handle the proposed facility. (3) Potential traffic and parking issues have been addressed and mitigated by additional parking spaces and a traffic system management plan. 440 (4) The traffic generated by the proposed project will be serviced by Phyllis Drive, a newly constructed non - arterial street. (5) Noise impacts to the adjacent residents' property will be mitigated by a landscape berm on the south property line of the subject property. (6) The loading dock will be adequately screened from Phyllis Drive with a retaining wall and landscaping berm. c. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance except for approved variances or adjustments. 4. The City Council DOES HEREBY GRANT said conditional use permit subject to the conditions in Exhibit "A" attached. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 10th day of April 1989. MAYOR OF THE CI OF CYPRESS ATTEST: CIT CLE K F THE C OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DARRELL ESSEX, 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 10th day of April 1989, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Age, Arnold, Kerry and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK 0 THE CITY OF CYPRESS 441 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 89 -4 CONDITIONS OF APPROVAL 1. The developer shall conform to all applicable provisions of the City Code. All requirements of the State Subdivision Map Act, and the City's Subdivision Ordinance and Zoning Ordinance shall be satisfied. A parcel map shall be recorded prior to release of the Certificate of Occupancy for the project. 2. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan, in ink on mylar, signed by a registered California civil engineer and using actual grades from an Orange County surveyor's benchmark shall be submitted for approval. A topograph of the area surrounding this development shall be made to establish existing drainage flow patterns. If the existing natural flow of any adjoining parcel is across the land of this development, a drainage easement shall be granted and drainage facilities provided for that property to the satisfaction of the City Engineer. In parking areas, AC shall have a minimum slope gradient of two percent (2 %), and concrete shall have a minimum slope gradient of two - tenths percent (0.2 %). 3. A retaining wall per City standards shall be constructed at the property line where the finish grade difference is greater than twelve inches (12 "). A six -inch (6 ") concrete curb shall be constructed per City standards to protect all block walls and structures exposed to vehicular traffic. 4. A soils report for all planting areas, by a qualified agricultural laboratory, shall be submitted to the Public Works Department for approval at least thirty (30) days prior to planting date. Test results shall include concentration of nitrogen, phosphorus, potassium, pH, salinity, sodium status, and boron saturation extract. An eight -foot (8') high, landscaped, earth berm buffer shall be constructed to the specifications of the City along the southerly property line. A chain link, or equivalent material, fence, minimum six feet (6') high measured from the highest adjacent grade, shall be constructed along the north line of the landscaped berm at the southerly end of the property. 5. Prior to beginning grading operations, the developer shall take all precautions necessary to prevent rodents, etc., from becoming a nuisance to neighboring properties. 442 - 2 - 6. Wheelchair and handicapped access facilities shall be installed in accordance with State of California and City of Cypress Public Works Department standards. 7. CLC shall provide a minimum building setback of eighty -seven feet (87') from the flood control channel. 8. The maximum building height for the area between Phyllis Drive and the Stanton Flood Control Channel shall have an absolute limit of two (2) stories or forty feet (40"), whichever is smaller. A conditional use permit shall be required to exceed this height. 9. All existing public improvements at the development site which are damaged due to construction, cracked, or otherwise below standard, shall be removed and replaced to the satisfaction of the City Engineer. 10. Phyllis Drive, forty -four feet (44') from curb -to -curb, shall be dedicated and fully improved with curb, gutter, driveway, utilities, paving, etc., in accordance with City standards. Phyllis Drive shall have a total right -of -way width of forty -five feet (45 "), with an additional five -foot (5 ") wide tree planting, and public utility easement on each side of the street. The corner cutoffs at the intersection of Valley View Street and Phyllis Drive shall be dedicated to the City of Cypress for roadway purposes. One hundred seventy- five -foot (175') long acceleration and deceleration lanes shall be constructed on Valley View Street at Phyllis Drive. Six feet (6') of additional right -of -way shall be dedicated to the City for roadway purposes for said lanes. 11. CLC shall provide a right -hand turn lane of sufficient length to accommodate a minimum of ten (10) cars for northbound Valley View Street traffic to eastbound Katella Avenue. The exact geometry (including width) of said turn lane shall be as determined by the City Engineer. CLC shall dedicate sufficient additional right -of -way to provide for said lane. 12. CLC shall dedicate additional rights -of -way and construct an additional through lane for vehicles eastbound on Katella Avenue from Valley View Street. This widened section shall be continuous, from Valley View Street to the first proposed roadway intersection to CLC property. The exact geometry (including width) of said lane shall be as determined by the City Engineer. Construction of this widened section shall be eligible for reimbursement from the Cypress Business Park Traffic Impact Mitigation Fee Fund. 443 - 3 - 13. The quantity, location, width, and type of driveways shall be subject to the approval of the City Engineer. An effective sight distance for vehicular traffic shall be maintained at the intersection of the driveway entrances with Phyllis Drive. No landscaping in excess of three feet (3') high will be allowed in the area of the curb returns. Adequate sight distance also shall be maintained within the development at all driveway intersections to the satisfaction of the City Engineer. The drive approach on the east side of the subject development shall have a perpendicular alignment with Phyllis Drive. In addition, the use of this driveway shall be physically limited by onsite measures, specified by the City Engineer, such that no more than thirty -six (36) parking spaces are served by this easterly driveway. Measures to limit such access shall be acceptable to the Planning and Fire Departments and allow for adequate vehicular turn - around. 14. All utility services shall be underground. Trenching and backfill in streets shall be per City of Cypress Standard No. 110. Arterials shall be crossed by boring only. In City streets lateral open cuts spaced within twenty feet (20 ") of each other shall be covered with a one inch (1 ") continuous A.C. cap. 15. Transportation Systems Management (TSM) measures shall be encouraged for all developments in the Business Park. Transportation management action plan is now being prepared by the City. The developer shall participate in the TSM plan adopted by the City for the Business Park and shall participate in a Transportation Management Association (TMA) formed by landowners in the Business Park with the assistance of the City and its consultants. The developer shall participate in these programs on an equivalent basis with all other City designated participants within the Business Park. The developer waives for himself, his successors and assigns, the right to protest the formation of an assessment district, major thoroughfare benefits district or other financing district deemed necessary or appropriate by the City to facilitate the imposition and collection of traffic impact mitigation improvement fees or otherwise finance the construction of the traffic impact mitigation improvements. Such improvements shall include, but not be limited to, arterial street widenings, traffic signal system modifications, grade separation structures or other major intersection improvements. 444 - 4 - In the event that the formation of an assessment district, major thoroughfare benefit district or other financing district as contemplated above does occur, the assessment shall, at the City's discretion, be pro -rata within assessment/benefit area (area of benefit and method of spreading the assessment to be determined by the City at its discretion), less commercial /retail areas. The area of benefit and method of spreading the assessment will be determined by the City at its discretion and in accordance with applicable laws and regulations. 16. Streetlights shall be installed per Edison Company standards. Street name signs and traffic signs shall be installed per City standards. 17. Street trees (15- gallon) forty feet (40') on center shall be installed in conformance to the street tree policy of the Public Works Department and shall be incorporated with the onsite landscape plan. The type of trees shall be as required by the City's street tree ordinance. 18. The developer shall comply with all requirements of the FAA should any portion of the development encroach within the 100 to 1 imaginary surface surrounding the Los Alamitos Air Base. Encroachment within the 50 to 1 approach surface will require approval by the FAA. 19. Fees required for improvements are as follows: Final subdivision map filing fee (per Resolution 2964). Engineering plan check and inspection fee (per Resolution 2964). Drainage fee for master drainage plan (per Resolution 2964). Traffic Impact Mitigation fee (per Ordinance 778 and current fee resolution. Sanitary sewer connection fee (per Orange County Sanitation District No. 3, Resolution 308). ▪ Advanced streetlight energy fee for a one -year ▪ Grading plan check 3269) . • Compaction tests. period. and permit (per Resolutions 2964 and • All applicable Building Department fees. 5 20. The subdivider 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, concerning the subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. City shall promptly notify the subdivider 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, subdivider shall not thereafter be responsible to defend, indemnify, or hold harmless the City. 21. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 22. A light and glare study shall be prepared by the applicant and reviewed by the Planning Department indicating the amount of light and glare created by the reflective windows or exterior lighting prior to the issuance of a building - permit. If the study shows that light or glare occurs, the building shall be constructed with non - reflective windows and the lighting system shall be rearranged. 23. All roof top equipment shall be screened from public view. A roof plan shall be submitted to the Planning Department for approval prior to building permits. The roof plan shall illustrate the screening concept and the location g all roof top equipment. The roof top equipment shall bob set back a minimum of fifteen feet (15') from all exterior building edges and shall not project above the height of the roof. The total height including the screening shall not exceed forty feet (40'). 24. Solar collectors or satellite dishes shall be oriented away from public view and /or made as an integral part of the roof structure. 25. Developments which adjoin residential areas shall construct noise baffles and /or deflectors on all mechanical equipment mounted outdoors, to the satisfaction of the City staff. 26. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued. 446 6 27. Prior to the issuance of any building permits for combustible construction, evidence that a water supply for fire protection is available shall be submitted to and approved by the Fire Chief. Fire hydrants shall be in place and operational to meet required fire -flow prior to commencing construction with combustible materials. 28. Prior to the issuance of any building permits, plans for commercial fire extinguishing system shall be approved by the Fire Chief. Such systems shall be operational prior to the issuance of a certificate of use and occupancy. 29. Requirements of Uniform Fire Code Article 81 shall be met. 30. Detailed description of the warehouse storage shall be submitted to the Fire Department in order to determine fire flow and sprinkler density. 31. All requirements of the Building Department shall be met including requirements of the '85 Uniform Building, Plumbing, Mechanical Codes; '87 National Electrical Code; California State Title 24 energy and handicapped standards. 32. Rain gutters and downspouts shall be within the building structure. Outside rain gutters and downspouts are prohibited. 33. Location and screening walls for trash enclosure should be illustrated on the plans. All trash enclosure shall not be less than six feet (6') in height. The trash area shall not be located within forty feet (40') of the residential area. 34. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 35. A comprehensive sign program for both building and freestanding monument signs shall be submitted for approval by the City Council prior to any signing installation. The developer shall not erect or display on the subject property any signs which have not been approved in writing by the Planning Department. 36. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 37. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only." 447 - 7 - 38. All architectural treatments shall be constructed as illustrated on plans and renderings submitted. The final exterior color scheme shall be submitted to City staff for review and approval prior to actually painting the structure. 39. A detailed landscape and automatic irrigation plan shall be submitted to the Planning Department for review and approval prior to grading. In addition, a bond shall be posted with the Public Works Department to guarantee against any defects in plant materials and workmanship. 40. The landscaping plans shall specifically identify the screening plans. The landscape screen on the southern boundary between the warehouse building and residential houses shall include a forty -foot (40') wide berm, eight feet (8') high with shrubs and trees. The landscape screen on the northern boundary in front of the loading docks shall include a thirty -foot (30') wide berm, ten feet (10') high, with a six -foot (6') retaining wall and shrubs and trees. All berming shall be a three (3) to one (1) ratio. 41. Subject to Planning Director and Public Works Director approval, additional landscaping may be required on the berm to screen the loading dock area. Also, additional landscaping may be required for the landscaping berm along the south building from the residential homes. 42. The transformer boxes and water valves shall be placed in locations approved in writing by the Planning Director and shall be adequately screened from view with plant materials. 43. A redwood landscape retainer, a minimum of two inches by six inches (2" x 6 ") in size, shall be installed along all property lines where necessary to retain the landscape planters until adjoining properties are developed. 44. The business hours of operation in relation to truck dock activity shall be limited from 7 a.m. to 7 p.m., Monday through Saturday. Loading dock activity on Sundays is prohibited. Late night and early morning deliveries are specifically prohibited. 45. There shall be no more than twenty -five (25) trucks entering or exiting the subject site per day. 46. The City Council shall maintain the right to review the loading dock's hours of operation and number of truck trips per day, subject to a public hearing, should substantiated complaints be received that the excessive truck movement is creating an adverse impact upon neighboring properties. 443 - 8 - 47. The applicant /developer shall comply with all provisions of the City Code. 48. The applicant shall obtain a Cypress business license prior to commencement of the business operation. 49. Parking for the handicapped shall be provided in accordance with State requirements. 50. The proposed buildings shall be constructed with the appropriate "sound insulation" material as required by the California Noise Insulation standards to mitigate the noise impact from the Los Alamitos Army Airfield. 51. At least thirty (30) days prior to the issuance of building permits for any structure penetrating the 100:1 imaginary surface, the project proponent shall submit FAA Form 7460 -1, "Notice of Proposed Construction or Alteration" to the Chief, Air Traffic Division of the appropriate FAA regional office. The project applicant will comply with all appropriate FAA standards and requirements. The findings of the FAA will be transmitted to the City of Cypress prior to the application for business permits. 52. All requirements of the Orange County Fire Marshal's Office, Orange County Health Department, and Cypress Building and Safety Department shall be satisfied prior to commencement of the business operation. 53. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 54. As a condition precedent to the issuance of the conditional use permit by the City, the developer /applicant shall have met and completed all reporting and monitoring requirements up to and including the date of filing for said conditional use permit required by the project's mitigation monitoring program as set forth in the Resolution Certifying the Environmental Impact Report or subsequent Mitigation Monitoring Agreement. Failure by the developer /applicant to comply with said reporting and monitoring requirements prior to making application for said conditional use permit shall be cause for the City to revoke said conditional use permit and to deny any further permits and /or approvals until such time as the developer /applicant is in full compliance with his /her obligations under the mitigation monitoring program for the project. 449 - 9 - 55. If at any time after issuance of the conditional use permit by the City, the developer /applicant fails to comply with the reporting and monitoring requirements of the mitigation monitoring program for this project, such failure shall constitute grounds for revocation of said conditional use permit.