Resolution No. 6167 065
RESOLUTION NO. 6167
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2009-04 -
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 rehabilitation and remodeling of an existing retail commercial
building located at 5331 Lincoln Avenue, within 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
September 17, 2009.
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 October 12, 2009, 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 to provide opportunity for the design and development of
integrated, master-planned projects in areas of the City which may
benefit from special design standards and land uses not otherwise
possible under conventional zoning district regulations; and intended
to permit a mix of land uses, planned commercial developments and
business parks, and a variety of housing styles and densities.
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 design of the proposed façade up-grade on the existing
commercial building is compatible and consistent with the existing
surrounding commercial development, including size and exterior building
materials and color.
(2) The proposed remodel and re-use of the existing retail
commercial building is compatible with surrounding commercial properties,
which are all located within the same PC Zone.
c. The proposed retail commercial building remodel project, as
conditioned, will comply with each of the applicable provisions of the Cypress Zoning
Ordinance, the Lincoln Avenue Specific Plan, and the Lincoln Avenue Redevelopment
Project Area Plan.
066
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Design Review Committee Permit No. 2009-04,
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 12th day of October, 2009.
MAY•R • THE •F CYPRESS
ATTEST:
KEttG0e- 4(}0-0dZITY■
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 12th day of October, 2009, 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
/0ULLO-C i6 !
CITY CLERK OF THE CITY OF CYPRESS
067
EXHIBIT "A"
DESIGN REVIEW COMMITTEE PERMIT NO.2009-04
5331 Lincoln Avenue
CONDITIONS OF APPROVAL
Normal text denotes standard conditions of approval.
Bolded conditions represent those specific to this project.
GENERAL CONDITIONS
1. Unless and until the project applicant and property owner sign and return a City-provided
affidavit accepting these conditions of approval, there shall be no entitlement of the
application. The project applicant and property owner shall have fifteen (15) calendar days
to return the signed affidavit to the Community Development Department. Failure to do so
will render City Council action on the application void.
2. The developer shall defend, indemnify, and hold harmless, the City and any agency thereof,
or any of its agents, officers, and employees from any and all claims, actions,or proceedings
against the City or any agency thereof, or any of its agents, officers or employees, to attack,
set aside, void or annul, an approval of the City, or any agency thereof, advisory agency,
appeal board, or legislative body, including actions approved by the voters of the City,
concerning the project, which action is brought within the time period provided in
Government Code Section 66499.37 and Public Resources Code, Division 13, CH. 4 (§
21000 et seq. - including but not by way of limitation § 21152 and 21167). City shall
promptly notify the developer of any claim, action, or proceeding brought within this time
period.
3. The developer's contractor shall provide the City with a Certificate of Insurance on City
form evidencing a comprehensive liability insurance policy with a combined single limit of
not less than $500,000 each occurrence in connection with the work performed. Certificate
shall include the City, its Council, officers, members of boards or commissions and
employees as additional Named Insureds with respect to all claims, actions, damages,
liabilities and expenses, including attorney's fees, arising out of or in connection with the
work to be performed under the development executed by the Named Insured and City,
including any act or omission of employees, agents, subcontractors, or their employees.
Such certificate shall have a thirty(30)day cancellation notice to the City of Cypress.
4. The applicant/developer shall comply with all provisions of the Code of the City of Cypress.
5. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to
a Certificate of Occupancy being issued.
6. All applicable conditions of Design Review Committee Permit No. 2009-04 shall be
complied with prior to occupancy of the subject building.
• Community Development Department•Planning Division •
068
Exhibit "A" . Page 2
Design Review Committee Permit No. 2009-04
Conditions of Approval
7. 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.
8. 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.
9. 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
10. Upon separate ownership of parcels, reciprocal easements shall be recorded and agreements
filed with the City governing joint use and maintenance of drive approaches, drainage,
onsite parking, irrigation system, etc. Prior to issuance of the Certificate of Occupancy
for the subject building, deed restrictions for both the subject parcel and the
commonly-owned parcel located adjacent to the east property line shall be filed with
the Orange County Clerk-Recorder to guarantee compliance with this requirement for
a shared driveway providing access to both parcels.
11. 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.
12. 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.
13. Landscaping in Public Right-of-Way shall be maintained by the developer.
14. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Drainage Fee for Master Drainage Plan (Per Resolution 2287).
STORMWATER QUALITY CONDITIONS
15. Developer/Property owner shall submit a Storm Water Pollution Prevention Plan.
• Community Development Department •Planning Division •
069
Exhibit "A" Page 3
Design Review Committee Permit No. 2009-04
Conditions of Approval
16. Developer/Property owner shall submit a Water Quality Management Plan, 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.
COMMUNITY DEVELOPMENT CONDITIONS
17. Any expansion or modification of the approved retail commercial use or design of the
subject building and/or property beyond what is approved as part of Design Review
Committee Permit No. 2009-04 will require an amendment to the Design Review
Committee permit. A change to a conditionally permitted use (as described in the Cypress
Zoning Ordinance) would require a Conditional Use Permit.
18. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
19. 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.
20. On-site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
21. 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.
22. 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.
23. 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.
24. Unless otherwise specified, all required trees shall be a minimum 15-gallon in size and of a
variety approved by the Community Development Director.
• Community Development Department •Planning Division •
070
Exhibit "A" Page 4
Design Review Committee Permit No. 2009-04
Conditions of Approval
25. 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.
26. 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.
27. 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 conduit, timer devices, and other electrical equipment
shall be buried underground or concealed within the sign.
28. 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.
29. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so
as to cover all landscaped areas.
30. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
31. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
32. 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.
33. 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.
34. 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. No dumping signs shall be posted on the trash enclosure and the access
gate to the unimproved rear yard area.
• Community Development Department •Planning Division •
071
Exhibit "A" Page 5
Design Review Committee Permit No. 2009-04
Conditions of Approval
35. The unimproved portion of the property shall be fully enclosed by a minimum six-foot
(6') tall fence, and shall be maintained free of trash and debris. Also, a weed
abatement maintenance schedule shall be implemented as needed to prevent
overgrowth in this area.
36. 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.
37. The City Council shall maintain the right to review the business' hours of operation and
may, subject to a public hearing, limit the business hours should substantiated complaints be
received that the business hours are creating an adverse impact upon neighboring properties.
38. Late night or early morning deliveries shall be specifically prohibited.
39. No outdoor overnight parking shall be permitted under any circumstances.
40. 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.
41. 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
42. Applicant/developer shall obtain the required permits and comply with applicable provisions
of the 2007 California Building, Plumbing, Electrical, and Mechanical Codes, the 2007
California Administrative Code,Title 24, and the Code of the City of Cypress.
FIRE AUTHORITY CONDITIONS
43. Prior to the issuance of any building permits, the applicant shall submit a fire master plan
to the Orange County Fire Authority for review and approval. The plans shall indicate
access to and around the structure within 150 feet of any access road or street. The plans
need to indicate the location of the nearest fire hydrant to the property line. The applicant
• Community Development Department •Planning Division •
072
Exhibit"A" Page 6
Design Review Committee Permit No. 2009-04
Conditions of Approval
may contact the OCFA at (714) 573-6100 if they have any questions regarding this plan
submittal.
POLICE CONDITIONS
44. The property address shall be posted in a visible location on the building. A minimum of
six-inch (6") lettering shall be used for the property address.
45. 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.
46. The landscaping and lighting plans for the project shall also be subject to review by the
Cypress Police Department.
Effective: 10-12-2009
• Community Development Department •Planning Division •