Resolution No. 4345RESOLUTION NO. 4345
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE NO. 94 -14 - 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 in accordance with
the provisions of Section 18 of the Zoning Ordinance of the City of Cypress to construct Phase
1 of a two phase project consisting of three structures located at 5700 block of Warland Drive.
2. That the Design Review Committee reviewed this project and recommends
approval.
3. That the City Council discussed this application during a public meeting.
4. That the City Council hereby finds that:
a. The proposed location of the use is in accord with the objectives of the
Zoning Ordinance and the purpose of the zone in which the site is located is:
Intended to result in a development of a general business - office character
which complements surrounding, existing and planned land uses.
b. The proposed location of the use 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 the
development of this site and the occupancies of these structures shall comply with all
conditions imposed on this approval attached hereto as Exhibit "A."
c. The proposed use will consistent with the goals and objectives of the
General Plan and comply with each of the applicable provisions of the Zoning Ordinance
except for approved variances or adjustments.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Design Review Committee No. 94 -14 , 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 25th day of July , 1994.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
d-)4.74e/('')
THE Y
CITY CLERK OF OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
360
I, DARRELL ESSEX, 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 25th day of July , 1994, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kerry, Nicholson,
and Partin
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
361.
EXHIBIT "A"
DESIGN REVIEW COMMITTEE NO. 94 -14
CONDITIONS OF APPROVAL
ENGINEERING CONDITIONS
1. The developer shall conform to all applicable provisions of the City Code.
2. 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. A 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, an easement shall be granted and drainage facilities provided for that
property to the satisfaction of the City Engineer. All onsite drainage conveyed to the
street shall be by means of an under - sidewalk drain. Onsite 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 %).
3. A retaining wall per City standards shall be constructed at the property line where the
finish grade difference is greater than twelve inches (12 "). A six inch (6 ") concrete curb
shall be constructed per City standards to protect all block walls and structures exposed
to vehicular traffic. A grade separation shall not exceed two feet (2') between two
adjacent properties.
4. The developer shall provide adequate "No Parking" controls within the development and
appropriate "No Parking - Fire Lane" signs shall be installed along Warland Drive per
California Vehicle Code #22658, to the satisfaction of the City Engineer, and County
Fire Marshal. The developer of this project shall provide adequate speed control within
the development to the satisfaction of the City Engineer. Onsite traffic circulation shall
be subject to the approval of the City Engineer.
5. Wheelchair and handicapped access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Public Works Department
standards.
6. 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 •
362
Exhibit "A"
Design Review Committee No. 94 -14
Conditions of Approval
Page 2
7. The quality, 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. 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 development at all driveway intersections to the satisfaction of the
City Engineer.
8. All utility services shall be underground. Trenching and backfill in streets shall be per
City of Cypress Standard No. 110. 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.
9. Transportation Systems Management (TSM) measures shall be encouraged for all
developments in the City. The developer shall participate in the TSM plan adopted by
the City. The developer shall participate in these programs on an equivalent basis with
all other City designated participants.
10. Street trees (15 gallon) fifty -two feet (52') on center shall be installed in back of public
sidewalk in conformance to the street tree policy of the Public Works Department and
shall be incorporated with the onsite landscape plan. The type of trees shall be as
required by the City's street tree ordinance. Landscaping in public right -of -way shall be
maintained by the developer.
11. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer
laterals connecting existing buildings at this property shall be plugged at the property
line.
12. The developer shall comply with all requirements of the FAA should any portion of the
development encroach within the 100 to 1 imaginary surface surrounding the Los
Alamitos Air Base. Encroachment within the 50 to 1 approach surface will require
approval by the FAA.
13. For Public Works landscaping areas, a landscaping and irrigation plan shall be submitted
for approval by the City and a bond posted by the applicant to guarantee against any
defects in plant materials and workmanship.
14. Fees required for improvements are as follows:
• Engineering Plan Check & Inspection Fee (Per Resolution 2964).
• Traffic Impact Mitigation Fee (Per Ordinance 911 and current fee Resolution).
• Community Development Department • Planning Division •
363
Exhibit "A"
Design Review Committee No. 94 -14
Conditions of Approval
Page 3
• Sanitary Sewer Connection Fee (Per Orange County Sanitation District, No. 3,
Resolution 308).
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• All applicable Building Department fees.
15. 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 (2100 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. City shall further cooperate fully in the defense of the
action and should the City fail to either promptly notify or corporate fully, developer
shall not thereafter be responsible to defend, indemnify, or hold harmless the City.
PLANNING CONDITIONS
16. The developer 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.
17. The applicant /developer shall comply with all provisions of the City Code.
18. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Planning Department.
• Community Development Department • Planning Division •
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Exhibit "A"
Design Review Committee No. 94 -14
Conditions of Approval
Page 4
19. All requirements of the Orange County Fire Marshal's Office, Orange County Health
Department, and Cypress Building and Safety Department shall be satisfied prior to
commencement of the business operation.
20. All applicable conditions of Design Review No. 94 -14 shall be complied with prior to
occupancy of the subject operation.
21. All architectural elevations and site plans shall be reviewed and approved by the Planning
Department prior to the issuance of building permits.
22. 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.
23. The developer shall provide an adequate number of trash enclosures onsite and at a
location acceptable to City staff.
24. A detailed landscape and automatic irrigation plan shall be submitted to the Planning
Department 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 the period of one (1)
year.
25. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and
of a variety approved by the Planning Director.
26. 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.
27. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaping areas.
28. 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 Department prior to issuance of building permits.
29. At least thirty (30) days prior to the issuance of building permits for any structure
penetrating the 100:1 imaginary surface, the project proponent shall submit FAA Form
7460 -1, "Notice of Proposed Construction or Alteration" to the Chief, Air Traffic
Division of the appropriate FAA regional office. The project applicant will comply with
• Community Development Department • Planning Division •
Exhibit "A"
Design Review Committee No. 94 -14
Conditions of Approval
Page 5
all appropriate FAA standards and requirements. The findings of the FAA will be
transmitted to the City of Cypress prior to the application for business permits.
30. 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 appearance.
31. 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.
32. Prior to the issuance of building permits for tenant improvements for any habitable
building proposed for construction within the 60 CNEL contour from the Los Alamitos
Army Airfield, the project proponent shall submit to the City of Cypress an acoustical
analysis report. The report shall describe the acoustical design features of the structures
required to satisfy the Airport Environs Land Use Plan and State interior noise standards
along with evidence that the sound attenuation measures specified in the report have been
incorporated with the design of the project.
33. The proposed buildings shall be constructed with the appropriate "sound insulation"
material as required by the California Noise Insulation standards to mitigate the noise
impact from the Los Alamitos Army Airfield.
34. A parking limitation shall be imposed restricting the amount of interior space allocated
for the use of office space. The combination of office use and warehouse shall not
exceed the criteria per square footage allowed within the Specific Plan PC -4.
35. Within forty -eight (48) hours of the approval of this project, the applicant /developer shall
deliver to the Planning Department a check payable to the County Clerk in the amount
of Twenty -Five Dollars ($25.00) County administrative fee, to enable the City to file the
Certificate of Fee Exemption in accordance with Fish and Game Code Section 753.5 with
the Notice of Determination required under Public Resources Code Section 21152 and
Title 14 of the California Code of Regulations. If, within such forty -eight (48) hour
period, the applicant /developer has not delivered to the Planning Department the check
required above, the approval for the project granted herein shall be void.
BUILDING CONDITIONS
36. Applicant /developer shall comply with applicable provisions of the 1991 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California
Code of Regulations, Title 24, and the Code of the City of Cypress.
• Community Development Department • Planning Division •
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Exhibit "A"
Design Review Committee No. 94 -14
Conditions of Approval
Page 6
37. An automatic fire sprinkler system, approved by the Fire Marshal, may be required.
38. Applicant /developer shall comply with all disclosure requirements of the Orange County
Fire Department for hazardous materials use and /or storage and the South Coast Air
Quality Management District for exhaustion of air contaminants.
39. Type 5 cement shall be used for all foundations and slabs on grade.
40. Unless otherwise recommended by a soils engineer, all slabs on grade (including M -1
occupancies) shall receive a minimum of a 10 mil. moisture barrier.
41. A soil investigation report shall be submitted with the plans for plan check. Report shall
include soil bearing capacity, seismic study, grading, paving, sulfate test and other
pertinent information under good engineering practice.
42. An acoustical report shall be submitted with the plans for plan check. Report shall meet
all the requirements of the Uniform Building Code and Title 24 of the California Code
of Regulations.
43. The landscaping and irrigation plans must be included in original plan check submittal.
44. Construction bins for non - recyclable and recyclable materials generated from any
construction site (residential and non - residential) must be placed onsite out of the public
right -of -way. (Example: street side of curb is public right -of -way. Not allowed.)
FIRE CONDITIONS
45. Prior to the recordation of a final tract /parcel map, water improvement plans shall be
submitted to and approved by the Fire Chief to ensure adequate fire protection and
financial security posted for the installation. The water system design, location of
valves, and the distribution of fire hydrants will be evaluated and approved by the Chief.
46. Prior to the issuance of any building permits for combustible construction, a letter and
plan from the developer shall be submitted to and approved by the Fire Chief. This
letter and plan shall state that water for fire fighting purposes and an all weather fire
access road shall be in place before any combustible materials are placed on the site.
47. Prior to the issuance of any building permits, an Orange County Fire Department Water
Availability Form shall be submitted to and approved by the Engineering Section of the
• Community Development Department • Planning Division •
Exhibit "A"
Design Review Committee No. 94 -14
Conditions of Approval
Page 7
Orange County Fire Department. If sufficient water to meet fire flow requirements is
not available, an automatic fire extinguishing system shall be installed in each structure.
48. Prior to the issuance of any final parcel map, submit to the Fire Chief evidence of the
onsite fire hydrant system indicating public or private. If the system is private,
provisions shall be placed in the CC &R's for the repair and maintenance of the system.
49. Prior to the issuance of any building permits for tenant improvements, plans for the
automatic fire sprinkler system shall be submitted to and approved by the Fire Chief
prior to installation. This system shall be operational prior to the issuance of a
Certificate of Use and Occupancy. Design to be based on 3,000 square feet.
50. Prior to the issuance of any building permits for tenant improvements, plans for the fire
alarm system plans shall be submitted to and approved by the Fire Chief prior to
installation of the fire alarm system. This system shall be operational prior to the
issuance of a Certificate of Use and Occupancy. If 3305 (g)5 of the U.B.C. is utilized.
51. Prior to the issuance of any building permits, the applicant shall submit a detailed letter
to the Fire Chief stating the intended use for each building.
52. Prior to the issuance of any grading permits, plans for all streets and courts, public or
private, shall be submitted to and approved by the Fire Chief. The plans shall include
sectional views, and indicate the width measured flow line to flow line. All proposed
fire apparatus turnarounds shall be clearly marked.
53. Prior to the issuance of any grading permit, street improvement plans with fire lanes
shown shall be submitted to and approved by the Fire Chief. Indicate the locations of
red curbing and signage. Provide a drawing of the proposed signage with the height,
stroke and color of lettering and the contrasting background color. The CC &R's shall
contain a fire lane map and provisions which prohibit parking in the fire lanes, a method
of enforcement shall be included.
54. Prior to the issuance of any grading permits, the applicant shall submit to the Fire Chief
a list of the quantities of all hazardous, flammable and combustible materials, liquids or
gases. These liquid and materials are to be classified according to the "Orange County
Fire Department Chemical Classification Handout." Provide a summary sheet listing
each hazard class, the total quantity of chemicals stored per class and the total quantity
of chemicals used in that class. All forms of materials are to be converted to units of
measure in pounds, gallons and cubic feet. Compressed gases and compressed liquified
gases are to be converted to cubic feet.
• Community Development Department • Planning Division •
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Exhibit "A"
Design Review Committee No. 94 -14
Conditions of Approval
Page 8
55. The following notes shall be provided on the site plan:
A. Fire Department Final Inspection Required. Schedule inspection two (2) days in
advance. Phone (714) 821 -7850.
B. Locations and classifications of extinguishers to be determined by the fire
inspector.
C. Storage, dispensing or use of any flammable and combustible liquids, flammable
and compressed gasses and other hazardous materials shall comply with Uniform
Fire Code Regulations.
D. Building(s) not approved for high piled combustible storage. Materials in closely
packed piles shall not exceed 15 feet in height, 12 feet on pallets or in racks and
6 feet for tires, plastics and some flammable liquids if high stock piling, comply
with UFC, Art. 81 and NFPA Std. 231, 231C and 231D.
E. Plans of modifications to or new fire protection, detector or alarm system(s) shall
be approved by the Fire Department prior to installation.
POLICE CONDITIONS
56. All exterior pedestrian doors shall have locking hardware designed to be locked from the
exterior, but unlocked from the interior for emergency exiting purposes.
57. All warehouse bay doors shall be locked from the interior of the building.
58. All exterior doorways shall be lighted during the hours of darkness for security purposes.
59. Warehouse areas should have monitored alarm systems to perimeter doors, windows and
roof accesses prior to occupancy.
60. Landscaping adjacent to the buildings should be such as to deter random access for
vandalism (e.g. graffiti).
Effective 7/25/94
• Community Development Department • Planning Division •