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Resolution No. 6297122 RESOLUTION NO. 6297 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2011 -03 - 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 of the Zoning Ordinance of the City of Cypress to approve the replacement of a fire damaged industrial building on the property located at 5574 Market Place, within the BP Business Park Zone. 2. That in accordance with Section 4.19.060 of the Cypress Zoning Ordinance, the Design Review Committee reviewed and approved this project on March 22, 2012. 3. That in accordance with Section 4.19.060 of the Cypress Zoning Ordinance, the decision of the Design Review Committee on this project was reported to the City Council on April 9, 2012, during a public meeting of the City Council. 4. That in accordance with Section 4.19.060 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 provide a stable environment conducive to the development and protection of specialized manufacturing, packaging, printing, publishing, testing, and research and development with associated administrative office facilities often providing a campus -like environment. 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 building is consistent with the zoning and the General Plan land use designation of the area. (2) The proposed building is consistent with the surrounding industrial developments as well as the development standards of the BP Business Park Zone. (3) onsite. Sufficient access and parking for the building will be provided c. The project, as conditioned, will comply with each of the applicable provisions of the Cypress Zoning Ordinance. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Design Review Committee Permit No. 2011 -03, subject to the conditions attached hereto as Exhibit "A". 123 PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 9th day of April, 2012. a' OFTH OF CYPRESS ATTEST: iCOLLAaL 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 9th day of April, 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 CITY CLERK OF THE CITY OF CYPRESS 124 EXHIBIT "A" Design Review Committee Permit No. 2011 -03 5574 Market Place 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 and Cypress Building and Safety Division shall be satisfied prior to commencement of the business operation. 6. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to the issuance of a Certificate of Occupancy. 7. All applicable conditions of Design Review Committee Permit No. 2011 -03 shall be complied with prior to occupancy of the subject building. • Community Development Department • Planning Division • 125 Exhibit "A" Design Review Committee Permit No. 2011 -03 Conditions of Approval Page 2 8. 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. 9. 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. 10. 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. ENGINEERING CONDITIONS Drainage 11. 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 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. • Community Development Department • Planning Division • 126 Exhibit "A" Design Review Committee Permit No. 2011 -03 Conditions of Approval Page 3 ■ All drainage facilities must be consistent with the County of Orange Grading Ordinance as supplemented by the Engineering Division and Local Drainage Manual. • 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. 12. Prior to the recordation of a subdivision map or prior to the issuance of any grading permit, whichever comes first, and if determined necessary by the Engineering Division Manager, the applicant shall record a letter of consent from the affected property owners permitting offsite grading, cross lot drainage, drainage diversions and/or unnatural concentrations. The applicant shall obtain approval of the form of the letter of consent from the Engineering Division Manager before recordation of the letter. 13. Prior to the issuance of any grading permit, and if determined necessary by the Engineering Division Manager, the applicant shall record a letter of consent, from the upstream and/or downstream property owners permitting drainage diversions and/or unnatural concentrations. The form of the letter of consent shall be approved by the Engineering Division Manager prior to recordation of the letter. Fees 14. Prior to grading permit issuance, the applicant shall pay for the following fees(Per Resolution No. 6118, except as otherwise noted below): • Public Improvement Plan Check. • Public Improvement Permit and Inspection. • Grading / On -Site (Non- Structural) Plan Check. • Grading Permit and Inspection. • Drainage Fee for Master Drainage Plan. • City -wide Traffic Improvement. • Regional Traffic Improvement. • Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD -09). Streets 15. 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 • Community Development Department • Planning Division • 127 Exhibit "A" Design Review Committee Permit No. 2011 -03 Conditions of Approval Page 4 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 for any improvement such as driveway approaches that need more space due to ADA slope requirements. 16. Prior to issuance of Certificate of Occupancy, the applicant shall remove and replace any existing public improvements at the development site which are damaged due to construction, cracked, or otherwise below standard to the satisfaction of the Engineering Division Manager. Traffic 17. 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 public street right of way, the applicant will obtain a public works permit. Utilities 18. 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. Water Quality 19. 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. 20. 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 • Community Development Department • Planning Division • Exhibit "A" Design Review Committee Permit No. 2011 -03 Conditions of Approval Page 5 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. 21. Prior to issuance of Certificate of Occupancy, the applicant shall clean all on site storm drain system, 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 system, catch basins, filter, 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. 22. 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. • Community Development Department • Planning Division • 129 Exhibit "A" Design Review Committee Permit No. 2011 -03 Conditions of Approval Page 6 23. 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. 24. 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 CONDITIONS 25. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Community Development Department. 26. Architectural elevations and site plans shall be reviewed and approved by the Community Development Department prior to the issuance of building permits. • Community Development Department • Planning Division • 130 Exhibit "A" Design Review Committee Permit No. 2011 -03 Conditions of Approval Page 7 27. 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. A color band or accent treatment shall be provided on the building subject to the approval of City staff. 28. On -site security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 29. 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. 30. 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. 31. 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. 32. 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. 33. 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. 34. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a variety approved by the Community Development Director. 35. A redwood landscape retainer, a minimum of two inches by six inches (2" x 6 ") in size, shall be installed along all property lines where necessary to retain the landscape planters until adjoining properties are developed. 36. A comprehensive sign program for both building and freestanding monument signs shall be submitted for Community Development Department approval prior to the installation of any signs. 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. • Community Development Department • Planning Division • 131 Exhibit "A" Design Review Committee Permit No. 2011 -03 Conditions of Approval Page 8 37. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. 38. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 39. 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. 40. 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. 41. 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. 42. 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. 43. All downspouts shall be located on the interior of the building. If the applicant can provide proof that it is not feasible to locate the downspouts within the building, the downspouts shall be located in an area and manner approved by the Planning division. 44. 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. 45. 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. • Community Development Department • Planning Division • 132 Exhibit "A" Design Review Committee Permit No. 2011 -03 Conditions of Approval BUILDING CONDITIONS Page 9 46. 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, and the 2010 Green Building Standards Code. 47. An automatic fire sprinkler system, approved by the Fire Marshal, is required. 48. Applicant/developer shall comply with all disclosure requirements of the Orange County Fire Authority for hazardous materials use and/or storage and the South Coast Air Quality Management District for exhaustion of air contaminants. 49. Type 5 cement shall be used for all foundations and slabs on grade. 50. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. moisture barrier. 51. A soil investigation report shall be submitted with the plans for plan check. 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 information under good engineering practice. 52. 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. 53. 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. 54. Building plans shall be stamped by a licensed engineer. 55. A pre - grading 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. • Community Development Department • Planning Division • 133 Exhibit "A" Design Review Committee Permit No. 2011 -03 Conditions of Approval FIRE AUTHORITY CONDITIONS Page 10 56. Plan submittal: 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. Prior to the Issuance of a Building Permit: • Fire Master Plan (service code PR145) • Underground piping for private hydrants and fire sprinkler systems (service codes PR470- PR475) • Fire sprinkler system (service codes PR400- PR465) Prior to Concealing Interior Construction: • Sprinkler Monitoring System (service code PR500) 57. 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 ". POLICE CONDITIONS 58. 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. 59. 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. Effective: 4 -09 -2012 • Community Development Department • Planning Division •