Resolution No. 6176 129
RESOLUTION NO. 6176
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2009-06 -
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 6,000 square-foot medical office building located
at 5001 Cerritos Avenue within the CG-10,000 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
December 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 January 11, 2010 during a public meeting of the City Council.
4. That in accordance with Section 4.19.060.F of the Cypress Zoning
Ordinance, the effective date of the Design Review Committee's decision to approve this
project shall be the date of acceptance by the City Council, and upon receipt by the
Community Development Department of an agreement to any conditions of approval
signed by the applicant.
5. That the City Council hereby finds that:
a. The proposed location of the project is in accord with the objectives of
the Zoning Ordinance and the purpose and intent of the zone in which the site is located,
which is:
Intended as 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 medical office building design
would be compatible with the existing surrounding two-story, single-family
residences, including size, exterior building materials, and color.
(2) The proposed medical office use would be compatible with
surrounding single-family residential properties located within the RS-6,000
Residential Single-Family Zone.
(3) The proposed medical office development would be consistent
with the goals and policies of the Cypress General Plan with regard to uses
located within the General Neighborhood Commercial land use designation
area.
c. The proposed medical office 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. 2009-06,
subject to the conditions attached hereto as Exhibit "A".
130
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 11th day of January, 2010.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
x
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 11th day of January, 2010, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey, and Narain
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
/OteWit ei-ba-e-4/1/1
CITY CLERK OF THE CITY OF CYPRESS
131
EXHIBIT "A"
Design Review committee Permit No.2009-06
5001 Cerritos Avenue
CONDITIONS OF APPROVAL
Note: Bolded conditions represent those specific to this project.
(Standard conditions have non-bolded text.)
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. City shall further cooperate fully in the defense of the action and should the City fail
to either promptly notify or cooperate fully, developer shall not thereafter be responsible to
defend, indemnify, or hold harmless the City.
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 complied with prior to the issuance of a Certificate of Occupancy.
6. All building tenants shall obtain a Cypress business license prior to commencement of any
business operations.
• Community Development Department •Planning Division •
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Exhibit "A" Page 2
Design Review Committee Permit No. 2009-06
Conditions of Approval
7. All applicable conditions of Design Review Committee Permit No. 2009-06 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
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 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%).
12. Where an existing block wall is removed, the Developer shall provide suitable temporary
fencing for all adjacent properties during construction of the perimeter walls. 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 single block wall shall be provided along the North and East property lines. In
the event an adjacent property owner does not grant permission to remove an existing fence
or wall, the developer shall obtain and submit to the City, a written denial of the adjacent
property owner, or other evidence that demonstrates that the developer used best efforts but
was unable to obtain the adjacent owners consent to remove the existing wall. If a new wall
is to be constructed adjacent to an existing block wall, a maximum separation of one inch
• Community Development Department •Planning Division •
133
Exhibit "A" Page 3
Design Review Committee Permit No. 2009-06
Conditions of Approval
(1") shall occur between the existing and the newly constructed wall. The one inch (1")
separation shall be filled with foam or similar sealing material subject to approval by the
City. Vertical grade separation shall not exceed two feet (2') between two adjacent
properties.
13. 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.
14. 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.
15. 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.
16. Cerritos Avenue and Moody Street shall be fully improved with curb, gutter, and sidewalk,
repair drive closures, drive approaches, etc., in accordance with the City's Code requirement
of Streets.
17. 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 adjacent streets. 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.
18. 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.
19. 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.
20. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer laterals
connected to existing buildings at the property shall be plugged at the property line.
• Community Development Department •Planning Division •
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Exhibit "A" Page 4
Design Review Committee Permit No. 2009-06
Conditions of Approval
21. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• 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).
22. 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.
23. The 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.
24. 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.
25. 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.
COMMUNITY DEVELOPMENT CONDITIONS
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 office use of the subject building, beyond
what is approved as part of Design Review Committee Permit No. 2009-06, will require an
amendment to the permit.
28. 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 •
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Exhibit "A" Page 5
Design Review Committee Permit No. 2009-06
Conditions of Approval
29. 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.
30. Onsite security lighting shall contain cut-off shields and be arranged so that direct rays will
not shine on adjacent properties or produce glare for street traffic.
31. 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.
32. The transformer boxes and water check valves shall be placed in locations acceptable to the
Community Development Director and shall be adequately screened from view with plant
materials.
33. 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 Briggeman (Consolidated)Disposal.
34. A detailed landscape and automatic irrigation plan shall be submitted to the Community
Development Department 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.
35. Unless otherwise specified, all required trees shall be a minimum 15-gallon in size and of a
variety approved by the Community Development Director.
36. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so
as to cover all landscaped areas.
37. 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 such 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.
38. 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 any signs will not create glare
for vehicular traffic. All electrical conduit, timer devices, and other electrical equipment
shall be buried underground or concealed within the sign.
• Community Development Department•Planning Division •
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Exhibit "A" Page 6
Design Review Committee Permit No. 2009-06
Conditions of Approval
39. 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.
40. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
41. A new eight foot (8') high split-face or slump stone block wall shall be provided along
the north and east property lines of the project site. The height of the wall shall be
measured from the highest adjacent grade.
42. 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.
43. 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.
44. 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.
45. 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.
46. Prior to the issuance of building permits 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.
47. The hours of operation for the building shall be limited from 7:00 a.m. to 8:00 p.m.
Monday through Friday and 9:00 a.m. to 8:00 p.m. on Saturdays. The City may
further limit the business hours should substantiated complaints be received that the
business hours are creating an adverse impact upon neighboring properties.
48. Late night or early morning deliveries shall be specifically prohibited.
49. The access door to the business premises facing the adjoining single-family residences shall
remain closed during all hours of business operation.
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Exhibit "A" Page 7
Design Review Committee Permit No. 2009-06
Conditions of Approval
50. Office buildings and uses adjacent to residential areas shall not be permitted to conduct
business or hold office hours before 7 a.m. or after 9 p.m. daily.
51. 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. 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.
52. 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
53. 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.
54. An automatic fire sprinkler system, approved by the Fire Marshal,is required
55. Type 5 cement shall be used for all foundations and slabs on grade.
56. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
57. 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.
58. 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.
59. 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
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Exhibit "A" Page 8
Design Review Committee Permit No. 2009-06
Conditions of Approval
plans on CD rom with self loading software or other format approved by the building
official.
60. Building plans shall be stamped by a licensed engineer.
61. A pre-grading SWPPP 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.
FIRE AUTHORITY CONDITIONS - COMMERCIAL
62. Prior to the issuance of any building permits, the applicant shall obtain approval of the
Fire Chief for all fire protection access roads to within 150 feet of all portions of the
exterior of the proposed structure. This plan shall indicate the location of the nearest fire
hydrant to the property line. When a dead-end street exceeds 150 feet or when otherwise
required, a clearly marked fire apparatus access turnaround must be provided and
approved by the Fire Chief. The applicant may contact the OCFA at (714) 573-6100 or
visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access."
63. Prior to the issuance of any building permits, the applicant shall submit plans and obtain
approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet
in width. The plans shall indicate the locations of red curbs and signage and include a
detail of the proposed signage including the height, stroke and colors of the lettering and
its contrasting background. Please contact the OCFA at (714) 573-6100 or visit the
OCFA website to obtain a copy of the "Guidelines for Emergency Access Roadways and
Fire Lane Requirements."
64. Prior to the issuance of any certificate of occupancy, the fire lanes shall be installed in
accordance with the approved fire master plan. The CC&R'S's or other approved
documents shall contain a fire lane map, provisions prohibiting parking in the fire lanes
and a method of enforcement.
65. Prior to the issuance of any building permits, the applicant shall provide evidence of
adequate fire flow. The "Orange County Fire Authority Water Availability for Fire
Protection" form shall be signed by the applicable water district and submitted to the Fire
Chief for approval
66. Prior to the issuance of a building permit, the applicant shall submit plans for the required
automatic fire sprinkler system in the structure to the Fire Chief for review and approval.
Please contact the OCFA at (714) 573-6100 to request a copy of the "Orange County
Fire Authority Notes for New NFPA 13 Commercial Sprinkler Systems."
67. Prior to the issuance of a certificate of occupancy, this system shall be operational in a
manner meeting the approval of the Fire Chief.
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Exhibit "A" Page 9
Design Review Committee Permit No. 2009-06
Conditions of Approval
68. Prior to the issuance of a building permit, plans for the fire alarm system shall be
submitted to the Fire Chief for review and approval. Please contact the OCFA at (714)
573-6100 or visit the OCFA website to obtain a copy of the "Guideline for New and
Existing Fire Alarm Systems." This system shall be operational prior to the issuance of a
certificate of occupancy.
POLICE CONDITIONS
69. The property address shall be clearly identified on both sides of any 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.
70. 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.
71. The landscaping and lighting plans for the project shall also be subject to review by the
Cypress Police Department.
Effective: 1-11-2010
• Community Development Department• Planning Division •