HomeMy WebLinkAboutResolution No. 6274004
RESOLUTION NO. 6274
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2011-02
- 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 new building for use as a bank located at 10011
Valley View Street, within the CG Commercial General 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
November 10, 2011.
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 December 12, 2011, 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 CG Commercial General Zone in
which the site is located, which is:
Intended as an area to serve the daily business and shopping needs
of the community.
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 single -story building design would be
compatible with the existing surrounding retail shopping center buildings,
including size and exterior building materials and color.
(2) The proposed retail bank use is compatible with surrounding
commercial uses located on surrounding commercial properties within the
same CG Commercial General Zone.
(3) The proposed site design provides adequate vehicle access,
onsite circulation drives, and parking to accommodate the bank facility.
c. The retail bank building 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 -02,
subject to the conditions attached hereto as Exhibit "A ".
005
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 12th day of December, 2011.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
OF f` e►�'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 12th day of December, 2011, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Mills, Seymore, Narain and Bailey
NOES: 1 COUNCIL MEMBERS: Luebben
ABSENT: 0 COUNCIL MEMBERS: None
14-KoDe lz�wi
CITY CLERK OF THE CITY OF CYPRESS
006
EXHIBIT "A"
DESIGN REVIEW COMMITTEE PERMIT NO. 2011-02
10011 VALLEY VIEW STREET
CONDITIONS OF APPROVAL
Note:
Regular text denotes standard conditions.
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 se q. - 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 a Certificate of Occupancy being issued.
6. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
• Community Development Department • Planning Division •
007
Exhibit "A"
Design Review Committee Permit No. 2011 -02
Conditions of Approval
Page 2
7. All applicable conditions of Design Review Committee Permit No. 2011 -02 shall be
complied with prior to occupancy of the subject building.
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
11. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan, in ink on
Mylar, signed by a registered California civil engineer and using actual grades from an
Orange County Surveyor's Benchmark shall be submitted for approval. Topography of the
area surrounding this development shall be made to establish existing drainage flow
patterns. If the existing natural flow of any adjoining parcel is across the land of this
development, a drainage easement shall be granted and drainage facilities provided for that
property to the satisfaction of the City Engineer. All on -site drainage conveyed to the street
shall be by means of an under- sidewalk drain. On -site landscape areas shall have a slope
gradient of one percent (1 %) minimum in landscape areas. In parking areas, AC shall have
a minimum slope gradient of one and one -half percent (1.5 %) or as approved by the City
Engineer and concrete shall have a minimum slope gradient of two- tenths percent. (.2 %).
12. The developer shall provide adequate "No Parking" controls within the development and
appropriate "No Parking - Fire Lane" signs shall be installed per California Vehicle Code
#22658, to the satisfaction of the Building Official and County Fire Marshal.
13. Disabled access facilities shall be installed in accordance with the requirements of the
Federal Americans with Disabilities Act (ADA) and State of California Title 24.
14. All existing public improvements at the development site which are damaged due to
construction, cracked, or otherwise below standard, shall be removed and replaced to the
satisfaction of the City Engineer.
• Community Development Department • Planning Division •
008
Exhibit "A"
Design Review Committee Permit No. 2011 -02
Conditions of Approval
Page 3
15. Additional right -of -way along Valley View Street shall be unconditionally and without
revocation and/or reversion dedicated to the City of Cypress for a bus turnout, in
accordance with the City's Code requirement for streets. Valley View Street shall
have a total half - street right -of -way width of seventy -two feet (72') from centerline.
The location of the bus turnout shall be where the existing on- street bus -stop is located,
adjacent to the east property line of the subject property. The dedication shall be
required as part of this project and is the responsibility of the developer.
16. The quantity, location, width, and type of driveways shall be subject to the approval of the
City Engineer. An effective sight distance for vehicular traffic shall be maintained at the
intersection of the driveway entrances with Valley View Street and Ball Road. No
landscaping in excess of three feet (3') high will be allowed in the area of the curb returns.
Adequate sight distance also shall be maintained within the development at all driveway
intersections to the satisfaction of the City Engineer.
17. All utility services shall be underground. Trenching and backfill in streets shall be per City
of Cypress Standard No. 109. Arterials shall be crossed by boring only. In City streets
lateral open cuts spaced within twenty feet (20') of each other shall be covered with a one
inch (1 ") continuous A.C. cap.
18. Street trees (24 inch box) shall be installed in conformance with Sections 27.19 and 25.29.E
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 City Engineer, street
trees may be replaced by trees planted in conjunction with an approved on -site landscape
plan. Landscaping in Public Right -of -Way shall be installed and maintained by the
developer.
19. For landscaping within the public right -of -way, a landscape and irrigation plan shall be
submitted to the Cypress Planning Division for approval and a bond posted by the applicant
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 thirty (30) days prior to planting date. Test
results shall include concentration of nitrogen, phosphorus, potassium, ph, salinity, sodium
status, and boron saturation extract.
20. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS (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.
• Community Development Department • Planning Division •
009
Exhibit "A"
Design Review Committee Permit No. 2011 -02
Conditions of Approval
• Drainage Fee for Master Drainage Plan.
• City -wide Traffic Improvement.
• Regional Traffic Improvement.
Page 4
21. All Public Improvements shall be per City of Cypress Standard Plans. All Grading plans,
Street improvement plans, Sewer and Storm Drain plans shall be in ink on 24" x 36" Mylar
with City title block on all sheets.
STORMWATER CONDITIONS
22. Developer /Property owner shall submit a Water Quality Management Plan (WQMP),
which identifies construction and post construction Best Management Practices (BMP's),
to the Engineering Division for review and approval. The project shall also incorporate
measures as specified in the County of Orange Drainage Area Management Plan
(DAMP) to help control runoff. Examples of BMP's and control measures are included
in the California Storm Water Best Management Practices Handbook,
Industrial /Commercial and Construction Activity, the County of Orange Drainage Area
Management Plan, and Cypress Local Implementation Plan.
23. Prior to issuance of permits, a certified copy of the final WQMP, along with the approved
grading plan, and all other supporting documentation, shall be submitted in electronic
format on a CD.
24. Prior to issuance of Certificate of Occupancy, Developer shall clean the storm drain system,
catch basins, filters, storm drain lines, inlet boxes, etc. If clean-up is not performed, the City
may make arrangements to clean the system at developer's expense.
25. The developer /property owner shall comply with all applicable requirements established by
the National Pollution Discharge Elimination System (NPDES) Stormwater Permit
Program, the County of Orange Drainage Area Management Plan (DAMP), and the City of
Cypress Local Implementation Plan (LIP) in order to prevent pollution resulting from
stormwater runoff. Prior to submittal for building plan check, the following Standard Notes
shall be applied to the project plans which shall be kept on the job site at all times.
Compliance with these standard notes is required. Questions regarding the construction
notes requirements should be directed to the Public Works Department at (714) 229 -6752.
• Sediment from areas disturbed by construction shall be retained on site using structural
controls to the maximum extent practicable.
• Stockpiles of soil shall be properly contained to minimize sediment transport from the
site to streets, drainage facilities or adjacent properties via runoff, vehicle tracking, or
wind.
• Community Development Department • Planning Division •
010
Exhibit "A"
Design Review Committee Permit No. 2011 -02
Conditions of Approval
Page 5
• Appropriate BMP 's for construction- related materials, wastes, spills or residues shall
be implemented to minimize transport from the site to streets, drainage facilities, or
adjoining properties by wind or runoff.
• Runoff from equipment and vehicle washing shall be contained at construction sites
unless treated to reduce or remove sediment and other pollutants.
• All construction contractor and subcontractor personnel are to be made aware of the
required best management practices and good housekeeping measures for the project
site and any associated construction staging areas.
• At the end of each day of construction activity all construction debris and waste
materials shall be collected and properly disposed in trash or recycle bins.
• Construction sites shall be maintained in such a condition that an anticipated storm
does not carry wastes or pollutants off the site. Discharges of material other than
stormwater are allowed only when necessary for performance and completion of
construction practices and where they do not: cause or contribute to a violation of any
water quality standard; cause or threaten to cause pollution, contamination or
nuisance; or contain a hazardous substance in a quantity reportable under Federal
Regulations 40 CFR Parts 117 and 302.
• Potential pollutants include but are not limited to: solid or liquid chemical spills; wastes
from paints, stains, sealants, glues, lime, pesticides, herbicides, wood preservatives and
solvents, asbestos fibers, paint flakes or stucco fragments; fuels, oils, lubricants, and
hydraulic, radiator or battery fluids; concrete, detergent or floatable wastes; wastes
from any engine /equipment steam cleaning or chemical degreasing; and super
chlorinated potable water line flushings.
• During construction, disposal of such materials should occur in a specified and
controlled temporary area on -site physically separated from potential stormwater
runoff, with ultimate disposal in accordance with local, state and federal requirement.
• Dewatering of contaminated groundwater, or discharging contaminated soils via
surface erosion is prohibited. Dewatering of non - contaminated groundwater requires a
National Pollutant Discharge Elimination System (NPDES) permit from the respective
State Regional Water Quality Control Board.
• Community Development Department • Planning Division •
011
Exhibit "A"
Design Review Committee Permit No. 2011 -02
Conditions of Approval
COMMUNITY DEVELOPMENT CONDITIONS
Page 6
26. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
27. Any expansion or modification of the approved building or use beyond what is approved as
part of Design Review Committee Permit No. 2011 -02 will require an amendment to the
permit.
28. Adult supervision (over 21 years of age) shall be maintained on the business premises at all
times.
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.
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.
• Community Development Department • Planning Division •
012
Exhibit "A"
Design Review Committee Permit No. 2011 -02
Conditions of Approval
Page 7
37. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a
variety approved by the Director of Community Development.
38. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so
as to cover all landscaped areas.
39. 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.
40. The installation and method of sign illumination shall be reviewed and approved by the
Planning Division and the Building and Safety Division. The business owner shall take
the appropriate measures to ensure that the illumination of the sign shall not create glare
for vehicular traffic. All electrical conduits, timer devices, and other electrical equipment
shall be buried underground or concealed within the sign.
41. Upon expiration or termination of the tenant's lease term, the tenant or property owner
shall remove all wall signs, patch the canopy and fascia, and paint the patched area to
match the surrounding wall fascia. This painted area shall constitute the entire wall of the
tenant space or entire building if there are no screed lines or architectural projections to
provide a clear line of demarcation.
42. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
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. 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
• Community Development Department • Planning Division •
013
Exhibit "A"
Design Review Committee Permit No. 2011 -02
Conditions of Approval
Page 8
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.
48. 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
49. 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.
50. Type 5 cement shall be used for all foundations and slabs on grade.
51. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
52. 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.
53. 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.
54. 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.
55. Building plans shall be stamped by a licensed engineer.
56. A pre - grading SWPPP's inspection is required prior to grading permit issuance. All
required grading stormwater BMP's shall be installed and inspected by the building division
prior to release of the grading permit.
• Community Development Department • Planning Division •
014
Exhibit "A"
Design Review Committee Permit No. 2011 -02
Conditions of Approval
FIRE AUTHORITY CONDITIONS - COMMERCIAL
Page 9
57. Prior to issuance of any building permits, the applicant shall submit the Fire Master Plan
(service code PR145) to the Orange County Fire Authority for review and approval.
Specific submittal requirements may vary 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. The property address shall also be posted in a visible location on the building. A
minimum of six -inch (6 ") lettering shall be used for the property address.
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.
60. During the building plan check process, a copy of the landscaping and lighting plans for
the project shall also be provided for review by the Cypress Police Department.
Effective: 12 -12 -2011
• Community Development Department • Planning Division •