Resolution No. 2982µa9
RESOLUTION NO. 2982
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 85-22 - 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 1.7.2 of Che Zoning Ordinance of
the City of Cypress to construct a light industrial warehouse building
(Building "F") with a loading dock facing 11200 Dana Circle.
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 Councilhereby 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:
To encourage the establishment of a planned community
of balanced commercial and industrial 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.
To designate an area for modern industrial, office and
commercial 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 and services.
To allow diversification of specified land uses as
they relate to each other in a physical and environ-
mental arrangement, while insuring substantial com-
pliance with the overall goals of the City as identi-
fied in the various elements of the General Plan.
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)
This project should not create a substantially
adverse physical change within the affected area,
including land, air, water, minerals, flora,
fauna, ambient, noise, and objects of historical
or aesthetic significance.
(2) Public services and utilities in the area are
adequate to handle the facility.
(3) The proposed project does meet allobjectives of
the Cypress General Plan and Zoning Ordinance
and Specific Plan No. 81-1.
(4) The location of the proposed truck loading dock
is consistent with all of the criteria established
for loading facilities facing public streets and
should reduce noise impacts to the residential
development adjacent south.
(5) Dana Circle, Darin Way and Dana Way are private
streets which have been designated to meet City
standards for local streets and can accommodate
any additional traffic generated by the project.
Potential traffic impacts have been addressed
through an amendment to the Traffic Study for
the Cypress Corporate Center Master Plan, dated
September 26, 1984.
q.so
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 attached hereto as Exhibit "A."
PASSED AND ADOPTED by the City Council of the City of Cypress at a
regular meeting held on the Loth day of September 1985.
MAYOR OF
ATTEST:
CITY LECYPRESS
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
CITY OF CYP ESS
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 September 1985, by the following
roll call vote:
AYES: 4 COUNCIL MEMBERS: Lacayo, Mullen, Partin and Kanel
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Coronado
CIT
0 1 CI `OF CYPRESS
43.1
EXHIBIT "A"
CONDITIONAL. USE PERMIT NO. 85-22
I. The devtdoper shall conform to all applicable provisions of the City Cade_
All requirements of the State Subdivision Map Act and City's Subdivision
Ordinance shall be satisfied. A parcel map shall be recorded for this
development.
Upon separate ownership of Parcels, reciprocal easements shall be re-
corded and agreemnmis I i1v1 with Cite governing joint use and mainte-
nance of drive approaches, drainage, on -sae parking, irrigation sys-
tems, etc.
Drainage shall be solved to the satisfaction of the City Engineer. A
grading plan, in ink en mylar, rignid by a registered engineer and using
actual grades Iron an Orange County surveyor's benchmark, shall be sub-
mitted
ub-
mited for approval. A topograph of the area surrounding this develop-
ment shall be made to establish existing drainage Clow 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 tor that property to the satisfaction oC the City Engineer. All
lots shall have a slope gradient at between one percent (16) and three
percent (f7) from rear Lot line to the street. In parking areas, AC shall
have a minimum slope gradient of two tenths (.22).
A minimum eight -foot (8') high landscaped earth berm buffering shall be
constructed to the specifications of City Staff along the southerly pro-
perty lines of parcels 5, 6 and 7 of Parcel Map 85-1176. A landscape and
irrigation plan Lor the earth berm buffer shall be submitted fur approval
by the Planning Department and a bond posted by the applicant to guarantee
against any defects in plant materials and workmanship, A soils report
for the berm, by a qualllied agrir nituaal laboratory, shall be submitted
to the Public Works Department lar .pprovnl at least thirty (10) days
prier La planting date. Test results shell include concentration of ni-
trogen, phosphorus, potassium, pal, salinity, sodium status and heron satu-
ration extract.
Wails will not he ollowed within the 35' wide landscape easement.
A IO' wide asphalt -paved trail, minimum thick with redwood headers each
side, .shall he constructed in the dedicated drainage easement. Nine (9)
gauge chain link fencing five Leet (5) high shall be installed along both
sides of said easement in accordance with the City and County standards.
Wheelchair and handicap access tacflities shall be installed onsite in
accordance with State of California and City of Cypress Building Depart-
ment Standards.
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Onsite security lighting shall be arranged so that direct rays will not
shine on adjacent properties or produce glare for street traffic. All
roof mounted equipment, such as heating and air-conditioning units, shall
he adequately screened from public view, subject to the approval of the
City Staff. Commercial or industrial developments which adjoin residen-
tially zoned areas shall construct noise bafflers and/or deflectors on all
on all mechanical equipment mounted outdoors, to the satisfaction of the
City Staff.
6. A copy of the conditions, covenants and restrictions (C, C, & K's) cover-
ing the development, including joint use of drives, parking, drainage,
landscape and irrigation system, etc., shall he submitted to the City
Staff and City attorney for their review, recommendations and approval
to assure the continuance, me ihtunance, applicability and enforceability
of the C, C, & it's so that the development will not become a liability to
the City at a Eller date.
The proposed streets, t)irlu day and Dana Circle shall be offered for dedi-
cation and lolly improved with curb, gutter, paving, etc., in accordance
with the Master Plan ol: Streets and Highways. The Darin Way ,shall have
a total right -al. -way width of forty-five feet (45'), with an additional
five foot (5') wide public utility easement on each side of the street.
Dana Circle., the cul -d, -sac street, shall have a minimum forty-five foot
((6') wide travel surlace surfaceand a raised landscape median island. The en-
tire street shall be constructed as a part of Phase 1 development. The
minimum flowline grade im street shall he 0.20%_ All existing public im-
provements at the development site which aro damaged, cracked or otherwise
below .standard, shall be removed and replaced to Lhc satisfaction of the
City Engineer.
N. The quantity, location, width and the type of driveway shall be subject
Lo the approval of the City Engineer. An effective sight distance for
vehicular traffic shall be maintained at the intersection of the drive-
way entrance with the proposed street. No landscaping in excess or three
fret (3') high will bo allowed in the area of the curb returns. Adequate
sight distance also .shall be maintained within the development at_ a]]
driveway intersections to the satisfaction of the City Engineer.
Parking stalls will not be allowed in front of roll -up or pedestrian
access doors.
9 All secondary and primary utility services shall he underground. The
street in front of this development shall be resurfaced with one inch
(1") minimum thickness asphalt concrete CAP from curb 10 curb if it is
necessary to open cut the street in more than one place. Any open cut
shall be backfilled per City of Cypress Standard No. 110.
ID. Street lights shall be installed per Edison Standards. Street name signs
and traffic signs shallbe installed per City Standards. Necessary fire
hydrants shall be installed in accordance with Fire Department require-
ments and City Standards.
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t1. Street trees (15 gal.) forty feet (40') on center shall be installed along
streets in conformance to the street tree policy of the Public Works De-
partment, and shall be incorporated in the onsite landscape plan. The type
of trees shall be as required under the 'Townscape and Urban Design element
of the General Plan and the City's street tree ordinance.
12. A master plan of sewers shad be submitted for approval by the City Engineer
with plan check and inspection by the City's Engineering Division, subject
to plan checking and inspection fees.
13. Developer sha11provide the City with a Certificate of Insurance on City
form evidencing n comprehensive liability insurance policy(s) with a com-
bined single limit of not less than 5500,000 each occurrence in connec-
tion with the work performed. Certificate shall include the City as ad-
ditional insured. Policy shall include the City, its Council, officers,
members of boards or commissions and employees are hereby declared to be
Named Insureds with respect to a1 claims, actions, damages, liabilities
and expenses, including ntt'rney'., fees, arising out of or in connection
with the work co be performed under the development executed by the Named
Insured and City, including :'nr act or omission of employees, agents, sub-
contractors or their employees. Such certificate shall have a thirty (30)
day cancellation notice to the City of Cypress.
14. All requirements of the Orange Count; Fire Marshall's Office shall be
plied with prior to a Certificate of Occupancy being issued. Public and
private fire hydrants will be required, and operational, prior t.o combus-
tible construction.
1>. All product ;id mute r ial. storage shall occur within the building. Ex-
terior storage is specifically prohibited.
lh. A comprehensive sign prwgrtm for both building and freestanding monument
signs shall be submitted ter Planning Department approval prior to any
signing installation. I'he devcl.,p,r shall nut erect or display on the sub-
ject property any signs whin: have net been approved in writing by the
Planning Department. The IoctLion and setback of signs shall be approved
by the Planning Dirccrc,r and City Engineer.
17. Outside public address speakers. telephone hells, buzzers and similar de-
vices which are audible, on adj. Jiang properties are hereby prohibited.
18 All roof mounted equipment, such as healing and air conditioning units,
shall be adequately screened from public view subject to the approval
of City Staff. Commercial or industrial developments which adjoin resi-
dentially zoned areas shall construct noise bafflers and/or deflectors
on all mechanical equipment mounted outdoors, to the satisfaction of City
Staff. Specific details shall be submitted to City Staff for review and
approval concerning the actualmethod of screening of all roof top
mechanical equipment_ Said screening shall be completed prior to build-
ing occupancy.
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19. Compact parking space aisles shall be denoted as such on the asphalt
as "Compact Only."
20. The final exterior color scheme shall be submitted to City Staff far
review and approval prior to actually painting the structure.
21. A detailed landscape and auton:ati.irrigation plan shall be submitted
Lo the Planning Department for review and approval at least sixty (60)
days prior to issuance of a Certt[icate of Occupancy. in addition, a
bond shall be posted with the Public Works Department to guarantee
against any detects in plant materials and workmanship.
22. AL1 applicable conditions of I'M 85-1176 and Amendment to Specific Plan
No. 81-1 shall be complied with prior to occupancy of the subject build-
ing.
Onsite security Lighting shall he arranged so that direct rays will not
shine on adjacent properties or produce glare for street traffic.
24. A redwood landscape retainer, n minimum of two inches by six inches
(2" x 6") in size, shall be installed along all property lines where
necessary to rutain the landscape planters until adjoining properties
are developed.
25. The developer shall provide an adequate number of trash enclosures onsite
and 81 a location acceptable to City Statf.
26. Parking for the handicapped -h..11 he provided in accordance wi th State
requirements.
fhe proposed buildings shall be constructed with the appropriate "sound
insulation" material as required by the California Noise Insulation
st.mdards to mitigate the noise impact from the Los Alamitos Armed
Forces Reserve.
1'hu transformer boxes and water valves shall be placed in locations ac-
ceptable to the Planning Director and shall be adequately screened from
view with plant materials.
All architectural treatments shuil be constructed as illustrated on
plans and renderings submitted. 'ihc final exterior color scheme shall
be submitted to City Staff for review and approval prior to actually
painting the structure.
30. All requirements of the Cypress Building and Safety Department shall be
satisfied prior to commencement of the business operation.
31. The applicant/developer shall comply with allprovisions of the City Code.
32. The minimum width of planters Located at the extremities of all ninty
(90°) parking islands shall be six (6) feet.
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33. The developer shall comply with the parking criteria of the Zoning
Code and shall reduce the size of the building if necessary.
34. FEL REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
a. Final subdivision map filing fee. (Per Resolution No. 1713)
b. Engineering plan checking & inspection fee. (Per Resolution 1713)
c. Sanitary sewer connection fee (Per Orange County Sanitation
District, No. 3, Resolution No. 303)
d. Advanced street light energy charges shall be paid. (For
a one year period)
e. All applicable building department fees
g.
Grading permit fee (Per Section 7007 uniform building
code)
Compaction tests