Resolution No. 6482253
RESOLUTION NO. 6482
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT NO. 2 TO DESIGN REVIEW COMMITTEE
PERMIT NO. 87 -34 - WITH AMENDED CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed for an amendment to an existing Design
Review Committee Permit in accordance with the provisions of Section 4.19.060.D of the
Zoning Ordinance of the City of Cypress to allow an expansion of the loading dock area,
as well as an expansion of the loading hours of operation for the existing office /warehouse
building located at 11150 Hope Street, within the PC -2 Planned Community Business Park
Zone.
2. That in accordance with Section 4.19.060.E of the Cypress Zoning
Ordinance, the Design Review Committee reviewed and approved this project on October
16, 2014.
3. That in accordance with Section 4.19.060.E.2 of the Cypress Zoning
Ordinance, the decision of the Design Review Committee on this project was reported to
the City Council on November 10, 2014, 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 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 to result in a development of a general business park
character, including Tight industrial, office, and retail uses, which
compliment surrounding, existing, and planned land uses.
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 loading dock expansion design is compatible
and consistent with the existing concrete tilt -up building and attached loading
dock design, including size and exterior building materials and color.
(2) The proposed loading dock expansion and expanded loading
hours are compatible with surrounding properties within the PC -2 Zone,
because the site improvements are minor and are not expected to
significantly change the scale of the existing facility, which was previously
approved and has been operating without issue since the late 1980's.
(3) The proposed expansion of the existing loading dock and
hours are consistent with the typical operational needs of general
office /warehouse uses, which are permitted by right in the applicable PC -2
Planned Community Business Park Zone and are consistent with the
Cypress General Plan's land use designation as Specific Plan Area.
(4) The proposed project would not affect on -site parking or
circulation patterns, which currently meet City requirements.
254
(5) As conditioned, the proposed loading hours of operation would
be compatible with surrounding commercial and light industrial uses located
in the same business park, as well as the nearest residential uses located to
the south, because the expanded hours would remain consistent with the
restricted delivery and loading hours stipulated in the Cypress City Code.
(6) Standard conditions of approval have been imposed to ensure
compliance with the Cypress City Code and other applicable regulations.
(7) The proposed amended conditions are consistent with
conditions attached to adjacent and surrounding properties within the same
zone.
(8) The proposed loading dock modification project is in
compliance with the assumptions and parameters of the Cypress Corporate
Center Amended Specific Plan EIR. As such, the proposed project qualifies
for a Categorical Exemption under CEQA Guidelines, Section 15303.
Accordingly, a Categorical Exemption, Class 3, will be filed upon project
approval.
c. The proposed loading dock and operational hours expansion project,
as conditioned, will comply with each of the applicable provisions of the Cypress Zoning
Ordinance, as well as the applicable Cypress Corporate Center Amended Specific Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Amendment No. 2 to Design Review Committee
Permit No. 87 -34, subject to the amended 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.
PASSED AND ADOPTED by the City Counc
meeting held on the 10th day of November, 2014.
ATTEST:
N ,c.. Ce_ 1=-i✓ L � 't om
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
e City of Cypress, at a regular
MAYO" 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 10th day of November, 2014, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Narain, Yarc, Johnson and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
va.64,12A-„t.
CITY CLERK OF THE CITY OF CYPRESS
EXHIBIT "A"
AMENDMENT NO. 2 TO DESIGN REVIEW COMMITTEE PERMIT NO. 87 -34
11150 Hope Street
(Modify Loading Dock & Loading Hours of Operation)
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 fifteen (15) calendar days
to return 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 shall comply with all provisions of the Code of the City of Cypress.
(Planning)
1.4. 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)
2. Planning
2.1. Any expansion or modification of the approved use beyond what is approved as part of this
Design Review Committee Permit will require an amendment to the permit. (Planning)
2.2. All business activity shall occur within the building. Temporary use permits may be
granted for outdoor activity in accordance with Section 35, Division 10, of the Cypress
Zoning Ordinance. (Planning)
2.3. This Design Review Committee permit may be modified or revoked by the City Council
should the Council determine that the proposed use or conditions under which it is being
operated or maintained is detrimental to the public health, safety, or welfare, or materially
injurious to properties or improvements in the vicinity. (Planning)
• Community Development Department • Planning Division •
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256
Exhibit "A"
Amendment No. 2 to Design Review Committee Permit No. 87 -34
Conditions of Approval
3. Architectural
Page 2
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)
3.3. During construction, the developer shall provide an adequate number of trash bins at a
location acceptable to City staff. Construction bins must be maintained onsite. Bin rental
shall be contracted through the City's disposal services contractor. (Planning)
4. Signage N/A
5. Landscaping N/A
6. Operational
6.1. The use of mechanical devices associated with the cleaning and maintenance of real
property shall be conducted in accordance with the Cypress Zoning Code. (Planning)
6.2. Former Condition No. 32 of Design Review Committee Permit No. 87 -34 shall now read as
follows, with amended text in bold italics: The business hours of operation in relation to
truck dock activity shall be limited from 7:00 a.m. to 7:00 p.m. only, on Monday through
Friday and from 7:00 a.m. to 5:00 p.m. on Saturdays. All trucks accessing the loading dock
on Saturday shall only utilize the drive aisle located on the north and east sides of the
building. Truck idling during loading/unloading operations is prohibited. No trucks with
operating accessory engines (such as refrigeration units) shall be permitted onsite on
Saturdays. All operations shall fully comply with all applicable noise ordinances. If the
City, the business operator, or the property owner receives complaints regarding Saturday
loading dock activity, the owner shall be promptly notified and shall take whatever
corrective actions are necessary to resolve any bonafide problem. Further, in the event the
owner is unsuccessful, the City shall have the authority to direct the tenant to modify or
curtail Saturday delivery hours when bonafide noise complaints exist. Loading dock
activity on Sunday is prohibited. Late night or early morning deliveries shall be
specifically prohibited. (Planning)
6.3. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited. (Planning)
6.4. The parking lot shall be used solely for vehicular parking, unless otherwise approved in
writing by the Director of Community Development. (Planning)
• Community Development Department • Planning Division •
257
Exhibit "A"
Amendment No. 2 to Design Review Committee Permit No. 87 -34
Conditions of Approval
7. Property Maintenance N/A
8. Fees
Page 3
8.1. Prior to issuance of a building permit or as noted below, the applicant shall pay for the
following fees per Resolution No. 6118, except as otherwise noted below. (Engineering)
- Building Plan Check (Prior to Submittal of Plans) (B &S)
- Building Permit and Inspection (Prior to Permit Issuance) (B &S)
8.2. 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 Fifty Dollars ($50.00) 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. (Planning)
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
16. Traffic N/A
17. Utilities N/A
18. Drainage N/A
19. Storm Water Quality — National Pollutant Discharge Elimination System
19.1. Prior to the issuance of building permits, the applicant shall submit a certified copy of
the approved Final Water Quality Management Plan and all other supporting
documentation on a Compact Disc in digital file format acceptable to the Engineering
Division Manager. (Engineering, Water Quality)
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258
Exhibit "A"
Amendment No. 2 to Design Review Committee Permit No. 87 -34
Conditions of Approval
Page 4
19.2. The applicant is directed to Chapter 12 Health and Sanitation, Article IV Cypress Water
Quality, Section 13 -23 (a) (9) regarding required submittal for a Water Quality
Management Plan (WQMP) to control urban runoff. This project has been classified as a
priority project under section XII New Development (Including Significant
Redevelopment) Order No. R8- 2009 -0030 of the Waste Discharge Requirements of the
California Regional Water Quality Control Board, Santa Ana Region for the cities within
County of Orange (NPDES Permit) available at
http: / /www.ocwatershed.com /Documents /R84thterm.pdf. Said WQMP shall include
best management practices for source control, pollution prevention, site design, and low
impact development as well as structural treatment controls among many factors. Site
design for controlling urban runoff must first evaluate infiltration, then harvest and water
re -use, then evapotranspiration and only bio- treatment if the other three are not feasible.
Submittal and subsequent approval of the Preliminary Water Quality Management Plan
does not guarantee approval of the Final Water Quality Management Plan. Should the
final calculations and submittals not meet the required thresholds necessary to meet the
obligations of the City under the NPDES Permit for development and its incorporated
documents such as the Drainage Area Management Plan and Technical Guidance
Document, alterations to the site and the site plan may be required as prescribed by the
Director of Public Works or Director of Community Development to the WQMP. The
aforementioned documents are available for download at
http:// www.ocwatersheds.com /WQMP.aspx. Any significant alteration to the site plan
due to the Final WQMP may then require approval of the Council of the revised site
plan. Additionally, as required under the NPDES Permit, attention is directed that the
WQMP must identify a responsible party and implement funding sources for
maintaining any treatment controls as required as part of the development and must
ensure that appropriate easements and ownerships are properly recorded in public
records and access is made available for inspection of said devices. (Engineering, Water
Quality)
19.3. Prior to issuance of certificate of occupancy, the applicant shall clean all on site storm
drain systems, catch basins, filters, storm drain lines, inlet boxes, etc. Additionally, upon
direction of the Engineering Division Manager, the applicant shall clean any public
storm drain systems, catch basins, filters, lines, inlet boxes that the Engineering Division
Manager has determined have been impacted by the applicant's construction. If clean -up
is not performed, the City may make arrangements to clean the system at developer's
expense. (Engineering, Water Quality)
19.4. Prior to the issuance of a building permit, the applicant shall submit for review and
approval by the Engineering Division Manager, a Water Quality Management Plan
(WQMP) specifically identifying Best Management Practices (BMPs) that will be used
onsite to control predictable pollutant runoff. The applicant's WQMP shall be in
conformance with the Orange County Drainage Area Management Plan (DAMP), Model
WQMP, and Technical Guidance Manual for reference, and the City's WQMP template
for submittal. This WQMP shall include the following:
• Community Development Department • Planning Division •
259
Exhibit "A"
Amendment No. 2 to Design Review Committee Permit No. 87 -34
Conditions of Approval
Page 5
- Detailed site and project description
- Potential stormwater pollutants
- Post - development drainage characteristics
- Low Impact Development (LID) BMP selection and analysis
- Structural and Non - Structural source control BMPs
- Site design and drainage plan (BMP Exhibit)
- GIS coordinates for all LID and Treatment Control BMPs
- Operation and Maintenance (O &M) Plan that (1) describes the long -term operation
and maintenance requirements for BMPs identified in the BMP Exhibit; (2) identifies
the entity that will be responsible for long -term operation and maintenance of the
referenced BMPs; and (3) describes the mechanism for funding the long -term
operation and maintenance of the referenced BMPs.
The BMP Exhibit from the approved WQMP shall be included as a sheet in all plan sets
submitted for plan check and all BMPs shall be depicted on these plans. Building plans
must be consistent with the approved BMP exhibit. (Engineering, Water Quality)
19.5. Prior to the issuance of a certificate of occupancy, the applicant shall demonstrate
compliance with the City's NPDES Implementation Program in a manner meeting the
satisfaction of the Engineering Division Manager and Water Quality Manager,
including:
- Demonstrate that all structural Best Management Practices (BMPs) described
in the BMP Exhibit from the project's approved WQMP have been
implemented, constructed and installed in conformance with approved plans
and specifications
- Demonstrate that the applicant has complied with all non - structural BMPs
described in the project's WQMP
- Submit for review and approval an Operations and Maintenance (O &M) Plan
for all structural BMPs (the O &M Plan shall become an attachment to the
WQMP)
Demonstrate that copies of the project's approved WQMP (with attached O &M
Plan) are available for each of the initial occupants
Agree to pay for an inspection (special investigation) from the City for a date
12 months after the issuance of a certificate of occupancy for the project to
verify compliance with the approved WQMP and O &M Plan
- Demonstrate that the applicant has RECORDED one of the following:
•
•
The CC &R's (that must include the approved WQMP and O &M
Plan) for the project's Home Owner's Association;
A water quality implementation agreement that has the approved
WQMP and O &M Plan attached; or
The final approved Water Quality Management Plan (WQMP) and
Operations and Maintenance (O &M) Plan. (Engineering, Water
Quality)
• Community Development Department • Planning Division •
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Exhibit "A"
Amendment No. 2 to Design Review Committee Permit No. 87 -34
Conditions of Approval
Page 6
19.6. Prior to the issuance of a building permit, the applicant shall submit an Erosion and
Sediment Control Plan (ESCP) in a manner meeting approval of the Engineering
Division Manager and the Building Official, to demonstrate compliance with the City's
NPDES Implementation Program and State water quality regulations for grading and
construction activities. The ESCP shall identify how all construction materials, wastes,
grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc.
shall be properly covered, stored, and secured to prevent transport into local drainage
ways or coastal waters by wind, rain, tracking, tidal erosion or dispersion. The ESCP
shall also describe how the applicant will ensure that all BMPs will be maintained during
construction of any future public right -of -ways. The ESCP shall be updated as needed to
address the changing circumstances of the project site. A copy of the current ESCP shall
be kept at the project site and be available for City review on request by either the
Building or Engineering Division. The ESCP will be inspected by the Building Division.
(Engineering, Water Quality)
19.7. The applicant shall be subject to all requirements of Section 13 -29 of the Cypress
Municipal Code regarding stormwater pollution prevention including, but not limited to,
obtaining a commercial /industrial stormwater discharge permit from the Public Works
Department, prior to the issuance of a final certificate of occupancy. (Engineering,
Water Quality)
19.8. If it is determined that the prospective tenant activities could result in potential
discharges into the municipal storm drain system, said tenant shall be required to
construct a new, or modify the existing trash enclosure structure, to include a solid
covered roof over the enclosure area. This determination will be made at the time of
issuance of building permits for tenant improvements. (Engineering, Water Quality)
20. Building and Safety
20.1. Applicant/developer shall obtain the required permits and comply with applicable
provisions of the 2013 California Building, Plumbing, Electrical, and Mechanical Codes,
and the City of Cypress Codes. (Building & Safety)
20.2. Grading 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. 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. Type 5 cement shall be used for all foundations and slabs on grade. (Building & Safety)
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261
Exhibit "A"
Amendment No. 2 to Design Review Committee Permit No. 87 -34
Conditions of Approval
Page 7
20.4. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. thick
moisture barrier. (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: 11 -10 -2014
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
11. Sewer and Wastewater
12. Street Trees
13. Street Lighting
14. Streets
15. Subdivisions
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
• Community Development Department • Planning Division •