Resolution No. 4476 .ti.
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RESOLUTION NO. 4476
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE PERMIT NO. 95-22 - 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 design review in accordance with the provisions
of Section 18.2 of the Zoning Ordinance of the City of Cypress to remodel an existing structure
and develop accessory parking at the adjacent property located at 6703 International Way within
the PC-1 Business Park Zone.
2. That in accordance with the provisions of Section 18.3 of the City of Cypress
Zoning Ordinance, the Design Review Committee held a meeting on April 27, 1995, at which
it approved the remodeling of the existing structure and development of accessory parking at the
adjacent property for parking.
3. That the decision of the Design Review Committee on Design Review Committee
Permit No. 95-22 was reported to the City Council at the next regular Council meeting following
the date of the action by the Committee.
4. 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 of the zone in which the site is located is:
Intended to encourage the establishment of compatible industries in areas
where it is deemed desirable to provide for limited manufacturing facilities
and to establish standards of design and type of use which will enhance
the area, be in harmony with the objectives of the General Plan and
minimize detrimental effects to the public health, safety and welfare.
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 improvements are consistent with the goals and
policies of the General Plan and the Zoning Ordinance.
(2) The proposed accessory parking and existing onsite parking provide
sufficient parking for the use.
(3) The proposed project will improve the aesthetics of the existing site
by the upgrading and addition of landscaping to the existing site and the proposed
adjacent accessory site.
c. The proposed project will comply with each of the applicable provisions
of the Zoning Ordinance and the PC-1 Zone.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Design Review Committee Permit No. 95-22, 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 8th day of May , 1995.
MAYOR OF THE CITY OF PRESS
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ATTEST:
CITY C E�H IT 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 8th day of May , 1995, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, Jones, Kerry
and Age
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CI CLERK F THE I Y OF CYPRESS
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EXHIBIT "A"
Design Review Committee Permit No. 95-22
6703 International Way
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
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_ssa. - 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 developers 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. All requirements of the Orange County Fire Marshal's Office shall be complied with prior
to a Certificate of Occupancy being issued.
4. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
5. All applicable conditions of Design Review Committee No. 95-22 shall be complied with
prior to occupancy of the subject building.
6. All business activity shall occur within the building. Temporary use permits may be
granted for outdoor activity in accordance with Section 13.1 of the Cypress Zoning
Ordinance.
7. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall
deliver to the Planning Department a check payable to the County Clerk in the amount
of Thirty-Eight Dollars ($38.00) County administrative fee, to enable the City to file the
Notice of Exemption in accordance with Fish and Game Code Section 711.4, required
under Public Resources Code Section 21152 and Title 14 of the California Code of
Community Development Department • Planning Division
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Exhibit "A" Page 2
Design Review Committee No. 95-22
Conditions of Approval
Regulations. If, within such forty-eight (48) hour period, the applicant/developer has not
delivered to the Planning Department the check required above, the approval for the
project granted herein shall be void.
ENGINEERING CONDITIONS
8. The developer shall conform to all applicable provisions of the Code of the City of
Cypress.
9. 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 topography
of the area surrounding this development shall be made to establish existing drainage flow
patterns. All onsite drainage conveyed to the street shall be by means of an under-
sidewalk drain. All lots shall have a slope gradient of one percent (1%) minimum in
landscape areas. In parking areas, AC shall have a minimum slope gradient of one and
one-half percent (1.5%) or as approved by the City Engineer, and concrete shall have a
minimum slope gradient of two-tenths percent. (.2%).
10. Where an existing block wall is removed, the Developer shall provide suitable temporary
fencing for all adjacent properties during construction of the perimeter walls. 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. Grade separation shall not exceed two feet (2') between two adjacent
properties.
11. 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.
12. International Way shall be fully improved with curb, gutter, sidewalk, driveway, paving,
etc., in accordance with the City's Code requirement of Streets.
13. The quantity, location, width, and type of driveways shall be subject to the approval of
the City Engineer. 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.
14. Street trees (15 gallon) fifty-two feet (52') on center shall be installed in back of public
sidewalk 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. Landscaping in Public Right-of-Way shall
be maintained by the developer.
Community Development Department • Planning Division
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Exhibit "A" Page 3
Design Review Committee No. 95-22
Conditions of Approval
15. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Engineering Plan Check & Inspection Fee (Per Resolution 2964).
• Drainage Fee for Master Drainage Plan (Per Resolution 2287).
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• All applicable Building Department fees.
PLANNING CONDITIONS
16. Budde International shall be limited to the standard hours of operation from 7 a.m. to 7
p.m. Monday through Friday with occasional hours on weekends on an as-needed basis.
Truck deliveries shall be prohibited before 7 a.m. and after 9 p.m. Monday through
Friday. Types of trucks shall be limited to small courier vans i.e. DHL, UPS, Federal
Express, etc. to a maximum of "bobtail" twenty-four (24') feet in length trucks.
17. Trucks making deliveries shall not obstruct driveways at any time.
18. Any expansion or modification of the approved use beyond what is approved as part of
Design Review Committee No. 95-22 will require an amendment to the design review
permit.
19. Architectural elevations and site plans shall be reviewed and approved by the Planning
Department prior to the issuance of building permits.
20. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
21. All roof mounted equipment, such as heating and air conditioning units, shall be
adequately screened from public view subject to the approval of City staff. Commercial
or industrial developments which adjoin residentially zoned areas shall construct noise
bafflers and/or deflectors on all mechanical equipment mounted outdoors, to the
satisfaction of City staff.
22. The applicant/developer shall provide an adequate number of trash/waste enclosures onsite
and at a location acceptable to City staff [NOTE: Trash/waste enclosures shall be
maintained onsite at all times. Offsite encroachment of trash/waste enclosures (into the
public right-of-way), is prohibited unless formal approval is granted by the City Engineer
and an Encroachment Permit issued.]
23. A detailed landscape and automatic irrigation plan shall be submitted to the Planning
Department for review and approval at least sixty (60) days prior to issuance of a
Community Development Department • Planning Division
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Exhibit "A" Page 4
Design Review Committee No. 95-22
Conditions of Approval
Certificate of Occupancy. In addition, a bond shall be posted with the Public Works
Department to guarantee against defects in plant materials and workmanship.
24. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
25. The monument sign shall be constructed as approved on the submitted site plan.
Alteration of said sign shall be submitted for Planning Department approval prior to any
signage 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.
26. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
27. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
28. 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 appearance.
29. A block wall not to exceed eight (8') feet in height shall be maintained between the
industrial development and the residential use to the north, as measured from the highest
adjacent finished grade.
30. A minimum five (5') foot wide landscaped buffer of trees shall be provided along that
portion of a side and rear property line where such side yard or rear yard abuts property
that is zoned or master planned for residential uses or community facilities. Said trees
shall be of sufficient size and species to provide maximum screening and buffering from
noise and visual intrusion of an industrial use upon a residential or community facility
use. Said landscaped buffer shall be in accordance with the adopted landscape standards
on file in the Planning Department.
31. Parking lot surfaces and pedestrian walkways shall be maintained in a safe condition such
that any concrete, asphalt, or other driving or walking surfaces are free of potholes,
buckled or cracked surfaces, or raised areas.
32. The property shall be maintained free of the accumulation of trash and debris. Trash and
debris associated with the permitted uses are to be stored solely in designated trash
enclosures.
33. The access doors to the business premises facing the alleyway and adjoining single-family
residences shall remain closed during all hours of business operation except during
deliveries.
Community Development Department • Planning Division
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Exhibit "A" Page 5
Design Review Committee No. 95-22
Conditions of Approval
BUILDING CONDITIONS
34. Applicant/developer shall comply with applicable provisions of the 1991 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California
Code of Regulations, Title 24, and the Code of the City of Cypress.
35. Applicant/developer shall comply with all disclosure requirements of the Orange County
Fire Department for hazardous materials use and/or storage and the South Coast Air
Quality Management District for exhaustion of air contaminants.
Effective 05-08-95
Community Development Department • Planning Division