Resolution No. 6338460
RESOLUTION NO. 6338
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2012 -06
- 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 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 the construction of a 19,901 square -foot mausoleum and chapel
building on an existing mortuary/cemetery campus located at 4471 Lincoln Avenue, within
the PS Public and Semi - Public 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
4, 2012.
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 13, 2012, 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 PS Zone in which the site is
located, which is:
Intended for properties to be developed with public uses, other than
street right -of -way, as well as for identification and preservation of
areas of historic and community significance for the enjoyment of
future generations.
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 subject mausoleum /cemetery building design is
compatible and consistent with the existing buildings on the subject mortuary
property, including size and exterior building materials and color.
(2) The subject mausoleum /cemetery building, as designed with
fully screened roof - mounted mechanical equipment, and at a distance of
more than 500 feet from the nearest residential zone, would be compatible
with surrounding residential properties.
(3) As proposed, the associated access drives and parking
configuration would provide adequate parking spaces, access, and vehicle
circulation for the mausoleum /cemetery building.
c. The proposed mausoleum /cemetery building project, as conditioned,
will comply with each of the applicable provisions of the Cypress Zoning Ordinance.
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.
461
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Design Review Committee Permit No. 2012 -06,
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 13th day of November, 2012.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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 13th day of November, 2012, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Seymore, Luebben, Mills, Narain, and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
462
EXHIBIT "A"
DESIGN REVIEW COMMITTEE PERMIT NO. 2012-06
4471 Lincoln Avenue
CONDITIONS OF APPROVAL
Note:
Regular text denotes standard conditions of approval.
Bolded conditions represent those specific to this project.
GENERAL CONDITIONS
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.
2. 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 seq. - 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.
3. The developer'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 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.
4. The applicant/developer shall comply with all provisions of the Code of the City of Cypress.
5. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to
a certificate of occupancy being issued.
6. All applicable conditions of Design Review Committee Permit No. 2012 -06 shall be
complied with prior to occupancy of the subject building.
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463
Exhibit "A"
Design Review Committee Permit No. 2012 -06
Conditions of Approval
Page 2
7. 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.
8. 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.
PUBLIC WORKS CONDITIONS
Drainage
9. Prior to issuance of grading or building permits or recordation of the subdivision map,
whichever comes first, at the direction of the Engineering Division Manager, the applicant
shall submit a grading plan for approval, in ink, on Mylar, signed and stamped by a
registered California civil engineer and using actual grades from an Orange County
Surveyor's Benchmark on a form acceptable to the Engineering Division Manager.
The applicant shall ensure:
Drainage is solved to the satisfaction of the Engineering Division Manager.
The Grading Plan is consistent with the Water Quality Management Plan, Site Plan and
any Improvement Plan for proposed public storm drains.
Submittal of a Preliminary Grading Plan if deemed necessary by the Engineering
Division Manager.
The topography of the area surrounding this development shall be made to establish
existing drainage flow patterns.
The minimum slope standards are met for 1% for landscape areas, AC parking areas
1.5 %, Concrete .2 %.
All surface runoff and subsurface drainage is directed to the nearest acceptable drainage
facility, as determined by the Engineering Division Manager.
Drainage facilities discharging onto adjacent property shall be designed to imitate the
manner in which runoff is currently produced from the site or alternatively, the applicant
may obtain a drainage acceptance and maintenance agreement, suitable for recordation,
from the owner of said adjacent property.
All drainage facilities must be consistent with the County of Orange Grading Ordinance
as supplemented by the Engineering Division and Local Drainage Manual.
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Exhibit "A"
Design Review Committee Permit No. 2012 -06
Conditions of Approval
Page 3
Submittal of a drainage study, when determined necessary by the Engineering Division
Manager, evidencing that proposed drainage patterns will not overload existing storm
drains.
Submittal of drainage studies, when determined necessary by the Engineering Division
Manager, indicating how the project grading, in conjunction with the drainage
conveyance systems including applicable swales, channels, street flows, catch basins,
storm drains, and flood water retarding, will allow building pads to be safe from
inundation from rainfall runoff which may be expected from all storms up to and
including the theoretical 100 -year flood.
Engineering
10. Prior to recordation of a subdivision map, the applicant shall submit all public improvement
plans and grading plans per the Public Works Department Standard Plans and specified
design criteria. All plans shall be in ink on 24 inch by 36 inch Mylar with City title block on
all sheets.
Fees
11. Prior to issuance of grading or building permits, the applicant shall pay the following fees
(Per Resolution No. 6118, except as otherwise noted below):
- Grading / On -Site (Non- Structural) Plan Check
- Grading Permit and Inspection
City -wide Traffic Improvement
Regional Traffic Improvement
Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD -09).
Streets
12. Prior to issuance of certificate of occupancy, the applicant shall remove and replace any
existing public improvements at the development site which have existing damage, are
damaged due to construction, or otherwise below current standards, to the satisfaction of the
Engineering Division Manager.
Utilities
13. Prior to certificate of occupancy, the applicant shall install all new and existing utility
services underground.
Attention is directed that trenching and backfill in streets shall be per City of Cypress
Public Works Standard Plan No. 109. Arterials shall be crossed by boring only. In
public streets, lateral open cuts spaced within 20 feet of each other shall be covered with
a one inch continuous asphalt concrete cap.
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465
Exhibit "A"
Design Review Committee Permit No. 2012 -06
Conditions of Approval
Water Quality
Page 4
14. Prior to the issuance of building permits, the applicant shall submit a certified copy of the
approved Final Water Quality Management Plan along with the final approved Grading
Plan and all other supporting documentation on a Compact Disc in digital file formats
acceptable to the Assistant City Engineer.
15. For projects greater than 1 acre, prior to the issuance of any grading or building permits,
the applicant shall demonstrate compliance with California's General Permit for
Stormwater Discharges Associated with Construction Activity by providing a copy of the
Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy
of the subsequent notification of the issuance of a Waste Discharge Identification
(WDID) Number; or other proof of filing in a manner meeting the satisfaction of the
Engineering Manager. Projects subject to this requirement shall prepare and implement a
Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be
kept at the project site and be available for City review on request.
The applicant shall ensure that the SWPPP is consistent with any City approved plan
including the grading plan, site plan, building plans, and water quality management plan.
16. 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
Orange County (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
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Exhibit "A"
Design Review Committee Permit No. 2012 -06
Conditions of Approval
Page 5
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.
17. 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.
18. Prior to the issuance of any grading or building permits, 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:
- 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. Grading and
building plans must be consistent with the approved BMP exhibit.
19. Prior to the issuance of a certificate of use and 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,
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467
Exhibit "A"
Design Review Committee Permit No. 2012 -06
Conditions of Approval
Page 6
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 Use and 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: 1. The
CC &R's (that must include the approved WQMP and O &M Plan) for the project's
Home Owner's Association; 2. A water quality implementation agreement that has the
approved WQMP and O &M Plan attached; or 3. The final approved Water Quality
Management Plan (WQMP) and Operations and Maintenance (O &M) Plan.
20. Prior to the issuance of any grading or 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.
21. 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.
22. The applicant shall place sufficient trash receptacles outside to collect trash generated by
its patrons. No less than one receptacle shall be provided. These shall be properly
maintained and not allowed to overflow.
COMMUNITY DEVELOPMENT CONDITIONS
23. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
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Exhibit "A"
Design Review Committee Permit No. 2012 -06
Conditions of Approval
Page 7
24. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
25. 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.
26. On -site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
27. 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.
28. The transformer boxes and water valves shall be placed in locations acceptable to the
Community Development Director and shall be adequately screened from view with plant
materials.
29. The developer shall provide an adequate number of trash enclosures onsite and at a location
acceptable to City staff. Construction bins must be maintained onsite. Bin rental shall be
contracted through Consolidated Disposal Services.
30. A detailed landscape and automatic irrigation plan shall be submitted to the Cypress
Planning Division for review and approval at least 60 days prior to issuance of a certificate
of occupancy. In addition, a bond shall be posted with the Public Works Department to
guarantee against defects in plant materials and workmanship for a period of 1 year from
acceptance of the landscape installation. All required landscaping shall be permanently
maintained in a neat and orderly condition.
31. All qualifying landscape projects in the City shall comply with the City's Water
Efficiency Ordinance as well as the water efficient requirements of the Cypress Zoning
Code.
32. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a
variety approved by the Community Development Director.
33. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so
as to cover all landscaped areas.
34. 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 which threatens the appearance.
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Exhibit "A"
Design Review Committee Permit No. 2012 -06
Conditions of Approval
Page 8
35. 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.
36. 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.
37. Exterior building elevations shall be maintained in a safe appearance such that the buildings
are free of broken, missing or significantly cracked surface finished materials.
38. Commercial buildings and uses adjacent to residential areas shall not be permitted to
conduct business activities before 7 a.m. or after 9 p.m. daily.
39. 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.
40. Mechanical devices associated with the cleaning and maintenance of real property may be
used within any zone between the hours of 7:00 a.m. and 8:00 p.m. on weekdays and
between the hours of 8:00 a.m. and 8:00 p.m. on weekends and federal holidays. Such
devices include but are not limited to stationary or mobile pumps, fans, compressors,
generators, blowers, and sweepers. The use of such devices for such purposes is prohibited
at all other times.
BUILDING CONDITIONS
41. Applicant/developer shall obtain the required permits and comply with applicable provisions
of the 2010 California Building, Plumbing, Electrical, and Mechanical Codes, the 2010
California Administrative Code, Title 24, and the Code of the City of Cypress.
42. Type 5 cement shall be used for all foundations and slabs on grade.
43. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
44. A soil investigation report shall be submitted with the plans for plan check. The report shall
include soil bearing capacity, seismic study, in compliance with the Seismic Hazard
Mapping Act of the State of California, grading, paving, sulfate test and other pertinent
• Community Development Department • Planning Division •
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Exhibit "A"
Design Review Committee Permit No. 2012 -06
Conditions of Approval
information under good engineering practice.
Page 9
45. Prior to final certificate of occupancy, as required by California State Health and Safety
Code, Section 19850, the applicant shall submit to the Cypress Building Division, 35mm
microfilm copies of the approved plans on standard aperture cards, to serve as the official
file copy of the approved building plans. In lieu of microfilm, the applicant can provide
plans on CD rom with self - loading software or other format approved by the building
official.
46. Building plans shall be stamped by a licensed engineer.
47. A pre - grading SWPPP inspection is required prior to grading permit issuance. All required
grading stormwater BMPs shall be installed and inspected by the building division prior to
release of the grading permit.
48. The project Site Plan shall illustrate Code compliant handicapped accessible parking
spaces, including the required number of spaces, minimum dimensions, and acceptable
locations.
FIRE AUTHORITY CONDITIONS
49. Prior to the issuance of any building permits, the applicant shall submit the following
plans for the new building on site to the Fire Chief for review and approval:
- Fire Master Plan (service code PR145)
- Architectural (service codes PR200- PR285)
50. Prior to concealing interior construction, the applicant shall submit a Fire Alarm System
Plan (service codes PR500- PR520) for the new building on site to the Fire Chief for
review and approval.
51. Specific submittal requirements may vary from those listed above depending on actual
project conditions identified or present during design development, review, construction,
inspection, or occupancy. Standard notes, guidelines, submittal instructions, and other
information related to plans reviewed by the OCFA may be found by visiting
www.ocfa.org and clicking on "Fire Prevention" and then "Planning & Development
Services."
Effective: 11/13/2012
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