Loading...
Resolution No. 6332404 RESOLUTION NO. 6332 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2012 -05 - 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 1,593 square -foot building for medical /dental office use located at 9060 -9070 Walker Street, within the CM Commercial Mixed -Use District of the PC Planned Community Zone (Lincoln Avenue Specific Plan area). 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 July 26, 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 August 27, 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 zone in which the site is located, which is: Intended as a medium density commercial mixed -use district. 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 medical /dental office building design would be compatible and consistent with the existing surrounding commercial buildings, including size and exterior building materials and color. (2) The subject building design would comply with the architectural design guidelines of the Lincoln Avenue Specific Plan. (3) The medical /dental office use of the subject building would be compatible with surrounding properties within the same PC Zone. (4) The proposed development of the subject building would be consistent with the goals and policies of the Cypress General Plan and the Lincoln Avenue Specific Plan with regard to revitalizing and improving the image of the Lincoln Avenue corridor. (5) The Site Plan design provides adequate vehicle parking and circulation for the existing and proposed buildings onsite. c. The proposed project, as conditioned, will comply with each of the applicable provisions of the Cypress Zoning Ordinance, as well as the Lincoln Avenue Specific Plan. 405 NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Design Review Committee Permit No. 2012 -05, subject to the conditions attached hereto as Exhibit "A ". PASSED AND ADOPTED by the City Council of the City of Cypress at . =gular meeting held on the 27th day of August, 2012. ATTEST: CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS T T. 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 27th day of August, 2012, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Narain and Bailey NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 2 CITY CLERK OF THE CITY OF CYPRESS 406 EXHIBIT "A" DESIGN REVIEW COMMITTEE PERMIT NO. 2012-05 9060 -9070 WALKER STREET CONDITIONS OF APPROVAL Notes: 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 within the public right -of -way. 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 and the Orange County Health Department shall be satisfied prior to commencement of the business operation. 6. All requirements of the Orange County Fire Marshal's Office and the Cypress Building and Safety Division shall be complied with prior to a certificate of occupancy being issued. • Community Development Department • Planning Division • 407 Exhibit "A" Design Review Committee Permit No. 2012 -05 Conditions of Approval Page 2 7. The applicant shall obtain a Cypress business license prior to commencement of the business operation. 8. All applicable conditions of Design Review Committee Permit No. 2012 -05 shall be complied with prior to occupancy of the subject building. 9. 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. 10. 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. 11. 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 Engineering 12. Prior to issuance of building permit, 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 13. Per Resolution No. 6118, the applicant shall pay for the following fees: Prior to the issuance of a Building Permit: a) Drainage Fee for Master Drainage Plan b) City-Wide Traffic Improvement c) Regional Traffic Improvement d) Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD -09) Prior to the issuance of a Public Works Encroachment Permit: a) Public Improvement Plan Check b) Public Improvement Permit Inspection. • Community Development Department • Planning Division • 408 Exhibit "A" Design Review Committee Permit No. 2012 -05 Conditions of Approval Landscaping Page 3 14. Prior to issuance of building permits, the applicant shall submit a plan for landscaping within the public right -of -way including a landscape and irrigation plan to the Cypress Planning Division for approval with a copy to the Maintenance Division Manager. The applicant shall post a bond to guarantee against any defects in plant materials and workmanship. A soils report for all planting areas, prepared by a qualified agricultural laboratory, shall be submitted to the Public Works Department for approval at least 30 days prior to planting date. Test results shall include concentration of nitrogen, phosphorus, potassium, ph, salinity, sodium status, and boron saturation extract. Drought tolerant landscape is encouraged and the landscaping will be irrigated from the private property meter. Prior to issuance of certificate of occupancy, the applicant shall install all landscaping per the approved landscaping plan. The applicant or his successor in interest shall maintain the landscape planted in right -of- way of the frontage of their property. Street Trees 15. Prior to the issuance of certificate of occupancy, the applicant shall install street trees that are a minimum of 24 inch box in size in conformance with Sections 27.19 and 25.29E of the Cypress Municipal Code. The number of trees shall be determined by dividing the frontage of property, including driveways, by 40 and rounding up. Trees shall be evenly spaced with a minimum 50 feet from street tree to street corner curb line. Type of trees shall conform to the City's Street Tree Master Plan. With prior approval of the Public Works Director, street trees may be replaced by trees planted in conjunction with an approved on -site landscape plan. All landscaping in public right -of -way shall be installed and maintained by the applicant or developer or successor in interest. Streets 16. Prior to issuance of certificate of occupancy, the applicant shall replace any deficient sidewalk or driveway approaches or cause to fix any other frontage improvement located in the public right -of -way that do not meet the requirements of the Federal American Disabilities Act (ADA) and State of California Title 24. The applicant shall submit a plan for any improvement, in consultation with or as required by the Engineering Division Manager, and obtain a permit from the Public Works Department prior to any work within the right -of -way. The applicant shall grant an easement to the City for pedestrian purposes • Community Development Department • Planning Division • 409 Exhibit "A" Design Review Committee Permit No. 2012 -05 Conditions of Approval Page 4 for any improvement such as driveway approaches for compliance with ADA requirements. Applicant/developer shall reconstruct the two (2) existing driveways for ADA compliance. Approximate area of driveways to be reconstructed are 34' x 12' and 18' x 12'. In addition, the easternmost driveway shall not extend beyond the east property line. 17. 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. Traffic 18. Prior to the issuance of any grading permits, the applicant shall provide adequate sight distance per Engineering Standard Plan 204 and 205 at all street intersections, driveways and parkways, in a manner meeting the approval of the Engineering Division Manager. The applicant shall make all necessary revisions to the plan to meet the sight distance requirement such as removing slopes or other encroachments from the limited use area in a manner meeting the approval of the Engineering Divisions Manager and Planning Manager. 19. The quantity, location, width, and type of public driveways shall be subject to the approval of the City Engineer. Prior to construction of any driveway approach upon a public street right -of -way, the applicant will obtain a public works permit. Utilities 20. 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 (1") continuous asphalt concrete cap. Water Quality 21. 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. 22. 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 non - priority project under section XII New Development (Including Significant • Community Development Department • Planning Division • 410 Exhibit "A" Design Review Committee Permit No. 2012 -05 Conditions of Approval Page 5 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 /R84thterni.pdf. Said Non - Priority Project (NPP) shall include Best Management Practices (BMPs) 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 NPP Plan does not guarantee approval of the final NPP 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 NPP Plan may then require approval of the Council of the revised site plan. Additionally, as required under the NPDES Permit, attention is directed that the NPP 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. 23. Prior to the issuance of any grading or building permits, the applicant shall submit for review and approval by the Engineering Division Manager, a Non - Priority Project (NPP) Plan specifically identifying Best Management Practices (BMPs) that will be used onsite to control predictable pollutant runoff. The applicant's NPP 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 NPP Plan 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. • Community Development Department • Planning Division • 411 Exhibit "A" Design Review Committee Permit No. 2012 -05 Conditions of Approval Page 6 The BMP Exhibit from the approved NPP Plan 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. 24. 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, 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. 25. 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. • Community Development Department • Planning Division • 412 Exhibit "A" Design Review Committee Permit No. 2012 -05 Conditions of Approval Page 7 26. The applicant shall construct new or modify its existing trash enclosure structure to possess a solid covered roof that prohibits stormwater to enter and then discharge from the enclosure. The trash enclosure shall also have a drain connecting to the sewer line for the property. The applicant shall obtain all required permits from the Building Department for construction and also obtain final inspection from the Public Works Department to ensure it meets the above mentioned criteria prior to the issuance of a final certificate of occupancy. COMMUNITY DEVELOPMENT CONDITIONS 27. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Community Development Department. 28. Any expansion or modification of the approved use beyond what is approved as part of Design Review Committee Permit No. 2012 -05 will require an amendment to the Permit. 29. Architectural elevations and site plans shall be reviewed and approved by the Community Development Department prior to the issuance of building permits. 30. 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. 31. On -site security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 32. 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. 33. 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. 34. 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. 35. A detailed landscape and automatic irrigation plan shall be submitted to the Cypress Planning Division for review and approval at least sixty (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 one (1) year from acceptance of the landscape installation. All required landscaping shall be permanently maintained in a neat and orderly condition. • Community Development Department • Planning Division • 413 Exhibit "A" Design Review Committee Permit No. 2012 -05 Conditions of Approval Page 8 36. 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. 37. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a variety approved by the Community Development Director. 38. The developer shall not erect or display on the subject property any signs which have not been approved in writing by the Community Development Department. 39. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. 40. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 41. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 42. Security gate systems shall be equipped with a Knox box system providing access with a Knox submaster key for emergency access by police and fire services. The security gate system shall be approved in writing by the Cypress Police Department and Orange County Fire Authority prior to issuance of building permits. 43. 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. 44. 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. 45. 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. 46. 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. 47. Late night or early morning deliveries shall be specifically prohibited. 48. The access door to the business premises facing the adjoining single - family residences shall remain closed during all hours of business operation. 49. Office buildings and uses adjacent to residential areas shall not be permitted to conduct business or hold office hours before 7 a.m. or after 9 p.m. daily. • Community Development Department • Planning Division • 414 Exhibit "A" Design Review Committee Permit No. 2012 -05 Conditions of Approval Page 9 50. 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. 51. 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. 52. The existing storage shed located on the southeast corner of the property shall be removed prior to issuance of the building permit for the new building construction. BUILDING CONDITIONS 53. 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. 54. Type 5 cement shall be used for all foundations and slabs on grade. 55. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. moisture barrier. 56. Applicant/developer shall use fire retardant wood shingles for the roof, if applicable. 57. 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 from the Public Works Department. 58. 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. 59. Building plans shall be stamped by a licensed engineer. • Community Development Department • Planning Division • 415 Exhibit "A" Design Review Committee Permit No. 2012 -05 Conditions of Approval FIRE AUTHORITY CONDITIONS - COMMERCIAL Page 10 60. Prior to issuance of a building permit, the applicant or responsible party shall submit the plan(s) listed below to the Orange County Fire Authority for review. Approval shall be obtained on each plan prior to the event specified: - Fire master plan (service code PR145) - Gas systems: medical gas (service code PR350) if applicable POLICE CONDITIONS 61. The property address shall be clearly identified on both sides of the freestanding sign base. A minimum of six -inch (6 ") lettering shall be used for the property address. The property address shall also be posted in a visible location on the building. 62. Lighting for commercial buildings shall be as follows: a. The address number of every commercial building shall be illuminated during the hours of darkness so that it shall be easily visible from the street. b. All exterior commercial doors, during the hours of darkness, shall be illuminated with a minimum of one (1) footcandle of light. All exterior bulbs shall be protected by weather and vandalism resistant cover(s). c. Open parking lots, and access thereto, providing more than ten (10) parking spaces and for use by the general public, shall be provided with a maintained minimum of one (1) footcandle of light on the parking surface from dusk until the termination of business every operating day. 63. The landscaping and lighting plans for the project shall also be subject to review by the Cypress Police Department. Effective: 8 -27 -2012 • Community Development Department • Planning Division •