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Resolution No. 6128 326 RESOLUTION NO. 6128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2008-05 - 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 an 8,400 square-foot warehouse building behind an existing manufacturing building located at 5780 Cerritos Avenue, within the PC-5 Planned Community Business Park 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 12, 2008. 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 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 PC-5 zone in which the site is located, which is: Intended to permit a compatible mix of land uses, planned commercial developments, and business parks with special design standards and land uses not otherwise possible under conventional zoning district regulations. 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 subject warehouse building design would be compatible and consistent with the existing manufacturing building onsite, including size and exterior building materials and color. (2) The subject warehouse building would be compatible with surrounding business park properties within the same PC-5 Zone, as well as single family residential development located across Cerritos Avenue to the north. (3) Adequate vehicle parking and circulation would be provided onsite. (4) The subject 8,400 square-foot warehouse building would be smaller in area and less intense of a use than the previously approved 11,850 square-foot, Phase 2 manufacturing building on this site (D.R.C. No. 89-33). 327 c. The proposed warehouse building project, as conditioned, will comply with each of the applicable provisions of the Cypress Zoning Ordinance, as well as the Cypress View Limited Specific Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Design Review Committee Permit No. 2008-05, 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 January, 2009. MA-0 ri MA O t THE IT • CYPRESS ATTEST: uO / 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 January, 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 toelubLx, fice_6 /-1,-) CITY CLERK OF THE CITY OF CYPRESS 328 EXHIBIT "A" Design Review Committee Permit No 2008-05 5780 Cerritos Avenue 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 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. 2008-05 shall be complied with prior to occupancy of the subject building. • Community Development Department • Planning Division • 329 Exhibit "A" Page 2 Design Review Committee Permit No. 2008-05 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 4.19.040 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. 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. 11. FEES REQUIRED FOR IMPROVEMENTS AREAS FOLLOWS: • City-wide Traffic Improvement(Per Resolution 4348 and current fee Resolution). • Regional Traffic Improvement (Per Resolution No. 4400). • Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD-09). STORMWATER QUALITY CONDITIONS 12. A Water Quality Management Plan (WQMP) shall be submitted which identifies appropriate construction and post construction as well as structural and non-structural Best Management Practices (BMP's) to City of Cypress for review and approval. Project shall also incorporate measures as specified in the County of Orange Drainage Area Management Plan (DAMP) and the Model Water Quality Management Plan (WQMP) 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, and the County of Orange Drainage Area Management Plan and subsequent revisions, and the City's Local Implementation Plan. A Preliminary WQMP shall be submitted prior to finalizing the grading plan. 13. WQMPs for priority new or significant redevelopment must address site design BMP's, routine structural and non-structural Source Control BMP's, Treatment Control BMP's, including consideration of a regional or watershed approach, and the mechanism(s) by which long-term operation and maintenance of all structural BMP's will be provided while non-priority new or significant redevelopment must address routine structural and • Community Development Department • Planning Division • 330 Exhibit "A" Page 3 Design Review Committee Permit No. 2008-05 Conditions of Approval non-structural Source Control BMP's, consideration of Site Design BMP's, and the mechanism(s) by which long-term operation and maintenance of all structural BMP's will be provided. 14. For projects that require submittal of construction plans, the applicant for plan check must incorporate all of the structural BMP's identified in an approved Project WQMP and therefore, the applicant is required to obtain approval of the final Project WQMP prior to submitting construction plans for plan check. 15. Prior to the issuance of a building or grading permit, the applicant shall include the following as general or special notes on both the building and grading plan sheets for new development or significant redevelopment projects and shall adhere to the note requirements: i. Sediment from areas disturbed by construction shall be retained on site using structural controls to the maximum extent practicable. ii. 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. iii. 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. iv. Runoff from equipment and vehicle washing shall be contained at construction sites unless treated to reduce or remove sediment and other pollutants. v. 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. vi. 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. vii. 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. viii. 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 • Community Development Department•Planning Division • 331 Exhibit "A" Page 4 Design Review Committee Permit No. 2008-05 Conditions of Approval engine/equipment steam cleaning or chemical degreasing; and super chlorinated potable water line flushings. ix. 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 requirements. x. 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 CONDITIONS 16. Utilities for the warehouse building shall not be released until all conditions of approval have been met to the satisfaction of the Community Development Department. 17. Any expansion or modification of the approved use beyond what is approved as part of Design Review Committee Permit No. 89-33 and Design Review Committee Permit No. 2008-05 will require an amendment. 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. No roof mounted equipment, such as heating and air conditioning units, shall be permitted on the metal warehouse building due to the inadequate parapet screen height. 22. 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 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. 23. 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 • 332 Exhibit "A" Page 5 Design Review Committee Permit No. 2008-05 Conditions of Approval 24. 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. 25. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. 26. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. All temporary storage structures and enclosures located onsite shall be removed prior to issuance of the Certificate of Occupancy of the warehouse building. 27. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 28. 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. 29. 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. 30. 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. 31. 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. 32. 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. 33. Mechanical devices associated with the cleaning and maintenance of real property may be used within any zone between the hours of 7:00 a.m. and 8:00 p.m. on weekdays and between the hours of 8:00 a.m. and 8:00 p.m. on weekends and federal holidays. Such devices include but are not limited to stationary or mobile pumps, fans, compressors, generators, blowers, and sweepers. The use of such devices for such purposes is prohibited at all other times. • Community Development Department •Planning Division • 333 Exhibit "A" Page 6 Design Review Committee Permit No. 2008-05 Conditions of Approval BUILDING CONDITIONS 34. 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. 35. An automatic fire sprinkler system, approved by the Fire Marshal, may be required. 36. Applicant/developer shall comply with all disclosure requirements of the Orange County Fire Authority for hazardous materials use and/or storage and the South Coast Air Quality Management District for exhaustion of air contaminants. 37. Type 5 cement shall be used for all foundations and slabs on grade. 38. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil. moisture barrier. 39. 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. 40. 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. 41. 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. 42. Building plans shall be stamped by a licensed engineer. 43. A pre-grading SWPP'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. FIRE AUTHORITY CONDITIONS 44. 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 structure. 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." • Community Development Department • Planning Division • 334 Exhibit "A" Page 7 Design Review Committee Permit No. 2008-05 Conditions of Approval 45. 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." 46. 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 or other approved documents shall contain a fire lane map, provisions prohibiting parking in the fire lanes and a method of enforcement. 47. Prior to the issuance of any building permits, the applicant shall obtain the approval from the Fire Chief for the construction of any gate across required fire department access roads. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Design and Installation of Emergency Access Gates and Barriers." 48. 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." Prior to the issuance of a certificate of occupancy, this system shall be operational in a manner meeting the approval of the Fire Chief. Prior to the issuance of a certificate of occupancy, this system shall be operational in a manner meeting the approval of the Fire Chief. 49. 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. 50. Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief a list of all hazardous, flammable and combustible liquids, solids or gases to be stored, used or handled on site. These materials shall be classified according to the Uniform Fire Code and a document submitted to the Fire Chief with a summary sheet listing the totals for storage and use for each hazard class. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guideline for Completing Chemical Classification Packets." • Community Development Department • Planning Division • 335 Exhibit "A" Page 8 Design Review Committee Permit No. 2008-05 Conditions of Approval 51. Prior to the issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal Criteria Form." Please contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. Effective: 1-12-2009 • Community Development Department •Planning Division •