Loading...
Resolution No. 6664377 RESOLUTION NO. 6664 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING SITE PLAN REVIEW PERMIT NO. 3110 - 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 Site Plan Review Permit in accordance with the provisions of Section VIII.B of the Cypress Business & Professional Center Specific Plan of the City of Cypress to allow the construction of a 2,658 square -foot storage building on an existing church campus located at 4505 Katella Avenue, within the PS Public & Semi - Public Zone. 2. That in accordance with Section VIII.B.7.1 of the Cypress Business & Professional Center Specific Plan, the Design Review Committee reviewed this project on February 8, 2018. 3. That in accordance with Section VIII.B.7.1 of the Cypress Business & Professional Center Specific Plan, the recommendation of the Design Review Committee on this project was reported to the City Council on March 12, 2018, during a public meeting of the City Council. 4. That in accordance with Section 4.19.060.F 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 project is compatible with the intent and purpose of the Specific Plan, which is: Intended to provide for the orderly growth and development of the Specific Plan area. b. The proposed project site plan will not have an adverse impact on the public health, safety, interest, convenience or the general welfare in that: (1) The storage building design is compatible and consistent with the existing church buildings, including size and exterior building materials and color. (2) The storage building is compatible with surrounding properties within the City of Cypress' PS Public & Semi -Public Zone, as well as the commercial and light industrial zones in the City of Los Alamitos. c. The project site plan, is compatible with the intent and purpose of the regulations and design guidelines of the Amended and Restated Cypress Business & Professional Center Specific Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Site Plan Review Permit No. 3110, 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. 378 PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular meeting held on the 12th day of March, 2018. ATTEST: CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA } COUNTY OF ORANGE } SS 1 OR OF THE CITY 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 12th day of March, 2018, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Johnson, Morales, Yarc, Berry, and Peat NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None /U.(i,.t ' PCL £'In CITY CLERK OF THE CITY OF CYPRESS 379 EXHIBIT "A" SITE PLAN REVIEW PERMIT NO. 3110 (Cottonwood Church Storage Building) 4505 Kate0a 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 15 calendar days to retum 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 attomey'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 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. All applicable conditions of Conditional Use Permit No. 2003-05 for the entire church property (including mitigation measures) shall be complied with prior to occupancy of the subject building. (Planning) 1.6. 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) • Community Development Department • Planning Division • 380 Exhibit "A" Site Plan Review Permit No. 3110 Conditions of Approval 2. Planning Page 2 2.1.At least two weeks prior to the issuance of the first certificate of occupancy, the applicant shall meet with the project planner and members of the Building and Engineering Divisions to ensure that all applicable conditions of approval have been satisfied. 3. Architectural 3.1. Architectural elevations and site plans shall be reviewed and approved by the Community Development Department prior to the issuance of building permits. (Planning) 3.2. 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. (Planning) 4. Signage — N/A 5. Landscaping — N/A 6. Operational 6.1. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. (Planning) 7. Property Maintenance 7.1. All walls, fences, and trash enclosures shall be maintained free of significant surface cracks, dry rot, warping, missing panels or blocks, which threaten the structure's structural integrity or graffiti that threatens the appearance. All graffiti shall be removed within 24 to 48 hours once notified in writing by the City. (Planning) 8. Fees - N/A 9. Engineering — N/A 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 • Community Development Department • Planning Division • 381 Exhibit "A" Site Plan Review Permit No. 3110 Conditions of Approval 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 2016 California Residential, Building, Plumbing, Electrical, and Mechanical Codes, the 2016 California Green Building Standards Code, Title 24, and the City of Cypress Codes. (Building & Safety) 20.2. Grading, demolition, 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. If complaints are received regarding noise from grading or demolition, further restrictions may be imposed on the start time of construction by the Director of Community Development, up to a 9:00 a.m. start time. 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) 20.3. An automatic fire sprinkler system, approved by the Orange County Fire Authority, is required. (Building & Safety) 20.4. Applicant/developer shall comply with all disclosure requirements of the Orange County Fire Authority for hazardous materials use and/or storage and the South Coast Air Quality Management District for exhaustion of air contaminants. (Building & Safety) 20.5. Type 5 cement shall be used for all foundations and slabs on grade. (Building & Safe)) 20.6. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil. thick moisture barrier. (Building & Safety) 20.7. Construction bins for non -recyclable and recyclable materials generated from any construction site (residential and non-residential) must be placed "on site" out of the public right-of-way unless a permit is obtained. (Building & Safety) • Community Development Department • Planning Division • 382 Exhibit "A" Site Plan Review Permit No. 3110 Conditions of Approval Page 4 20.8. Prior to final certificate of occupancy, as required by California State Health and Safety Code Section 19850, the applicant shall provide copies of the stamped approved plans and any revisions on CD in PDF format to the City of Cypress Building Division to serve as the official file copy of the approved building plans. (Building & Safety) 20.9. Building plans shall be stamped by a licensed engineer. (Building & Safety) 20.10.Prior to the issuance of a building permit, a security deposit in accordance with Article VIII of Chapter 12 of the Cypress Municipal Code, shall be provided to the City to guarantee completion of the required construction and demolition waste management plan and reporting. The security deposit shall be held by the City until a final waste diversion report has been completed and approved. Failure to comply with the diversion requirements set forth in the Califomia Building and Cypress Municipal Codes will result in forfeiture of the security deposit. Additional penalties and/or legal action may be taken in the event of improper disposal of construction and demolition waste or violation of the City's construction and demolition Ordinance. (Building & Safety) 21. Security — N/A 22. Antennas — N/A 23. Alcohol — On Sale — N/A 24. Alcohol — Off Sale — N/A 25. Fire—N/A Effective: 3/12/18 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 II Sewer and Wastewater 12. Street Trees 13. Street Lighting 14. Streets 15. Subdivisions • Community Development Department • Planning Division • 383 Exhibit "A" Site Plan Review Permit No. 3110 Conditions of Approval 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 5 • Community Development Department • Planning Division •