Resolution No. 6130 337
RESOLUTION NO. 6130
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT NO. 3 TO CONDITIONAL USE PERMIT NO. 81-4 -
WITH CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed to amend an existing conditional use permit in
accordance with the provisions of Section 4.19.070 of the Zoning Ordinance of the City of
Cypress to expand the existing loading dock area for the existing building located at 6550
Katella Avenue within the PC-2 Planned Community Business Park Zone.
2. That the City Council, after proper notice thereof, duly held a public hearing
on said application as provided by law.
3. That the City Council hereby finds that:
a. The proposed location of the conditional use is in accord with the
objectives of the Zoning Ordinance and the purpose of the PC-2 Zone in which the
site is located, which is:
Intended as an area for the establishment of a planned community of
modern office, commercial and research/development uses which
can respond to changing future market conditions.
b. The proposed location of the conditional 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:
(1) Adequate on-site circulation would be provided on the subject
site.
(2) The proposed expanded loading dock area would be in
accord with the objectives and development standards of the
Cypress Corporate Center Amended Specific Plan.
(3) The proposed expanded loading dock area and the
conditions under which it would be operated or maintained
will not be detrimental to the public health, safety, or welfare,
or materially injurious to properties or improvements in the
vicinity.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Amendment No. 3 to Conditional Use Permit No. 81-
4, 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 26th day of January, 2009.
AO"
O' •F TH �F CYPRESS
ATTEST:
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CITY CLERK OF THE CITY OF CYPRESS
338
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 26th 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
{ 1,CO-L 130_04,44-n
CITY CLERK OF THE CITY OF CYPRESS
339
EXHIBIT "A"
Amendment No.3 to Conditional Use Permit No. 81-4
6550 Katella Avenue
CONDITIONS OF APPROVAL
Conditions containing bold text 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 $1,000,000 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 applicable conditions of Amendment No. 3 to Conditional Use Permit No. 81-4 shall be
complied with prior to occupancy of the subject building.
6. 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.
• Community Development Department •Planning Division •
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Exhibit "A" Page 2
Amendment No. 3 to Conditional Use Permit No. 81-4
Conditions of Approval
7. Within forty-eight (48) hours of the approval of the project, the applicant/developer shall
deliver to the Community Development Department a check payable to the County Clerk-
Recorder in the amount of$1,876.75 County administrative fee,to enable the City to file the
Notice of Determination 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.
8. 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
9. 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 improvement shall be made to establish existing drainage flow
patterns. On-site landscape areas shall have a slope gradient of one percent (1%) minimum
in landscape areas. In parking areas, AC shall have a minimum slope gradient of one and
one-half percent (1.5%) or as approved by the City Engineer, and concrete shall have a
minimum slope gradient of two-tenths percent. (.2%).
10. 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.
11. 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.
12. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Grading Plan Check and Permit (Per Resolution 5069).
13. All Public Improvements shall be per City of Cypress Standard Plans. All Grading plans,
Street improvement plans, Sewer and Storm Drain plans shall be in ink on 24" x 36"
Mylar with City title block on all sheets.
STORMWATER QUALITY
14. Applicant shall submit a maintenance schedule to include structural Best Management
Practice (BMP) maintenance, sweeping schedule, and spill response plan for dock areas.
• Community Development Department •Planning Division •
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Exhibit "A" Page 3
Amendment No. 3 to Conditional Use Permit No. 81-4
Conditions of Approval
COMMUNITY DEVELOPMENT CONDITIONS
15. Any expansion or modification of the approved use beyond what is approved as part of
Amendment No. 3 to Conditional Use Permit No. 81-4 will require an amendment to the
conditional use permit.
16. Hours of operation for the loading dock facility shall be limited to the hours between 7:00
a.m. and 6:00 p.m. Monday through Saturday. No delivery operations shall occur on
Sunday.
17. All architectural treatments shall be constructed as illustrated on the submitted plans. The
exterior color and finish shall match that of the existing building. A smooth plaster finish
shall be added to the exterior of the new masonry block walls to match the texture of
the adjacent concrete tilt-up walls.
18. On-site security lighting shall be arranged so that direct rays will not shine or produce glare
on adjacent properties.
19. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
20. The project shall comply with all mitigation measures as referenced in the Negative
Declaration prior to occupancy of the warehouse portion of the building.
21. Should substantiated complaints be received regarding the loading dock operations, this
conditional use permit may be modified and/or revoked, subject to a public hearing.
22. Mechanical devices associated with the cleaning and maintenance of the property may be
used between the hours of 7:00 a.m. and 6:00 p.m. on weekdays and between the hours of
9:00 a.m. and 6:00 p.m. on Saturdays. No property maintenance activities shall occur on
Sunday.
23. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
24. 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.
25. 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
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Exhibit "A" Page 4
Amendment No. 3 to Conditional Use Permit No. 81-4
Conditions of Approval
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.
BUILDING CONDITIONS
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.
27. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
28. 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.
29. Building plans shall be stamped by a licensed engineer.
ENVIRONMENTAL MITIGATION MEASURES
30. Trucks shall not be permitted to idle in the loading dock area during times of loading and
unloading. (Mitigation Measure AQ1)
31. Construction shall comply with SCAQMD Rule 403, as revised. The applicant shall also
obtain approval of a dust control plan from the Building Division prior to issuance of
each grading or building permit. Dust-reducing measures shall include regular watering
of graded surfaces, restriction of all construction vehicles and equipment to travel along
established and regularly watered roadways, and suspending operations that create dust
during windy conditions (winds greater than 25 mph). (Mitigation Measure AQ2)
32. The applicant shall comply with the Building Energy Efficient Standards and State and
local laws for energy conservation. Compliance shall be determined by the Building
Division during building plan review. (Mitigation Measure AQ3)
33. All structures shall be designed as confirmed during the building design plan checking
process, to withstand anticipated groundshaking caused by future earthquakes within an
acceptable level of risk (i.e., high risk zone), as designated by the City's latest adopted
edition of the Uniform Building Code. (Mitigation Measure GEO1)
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Exhibit "A" Page 5
Amendment No. 3 to Conditional Use Permit No. 81-4
Conditions of Approval
34. Type 5 cement shall be used for all foundations and slabs on grade, unless indicated
otherwise by a soils engineer. (Mitigation Measure GEO2)
35. All grading, landform modifications, and construction shall be in conformance with state-
of-the-practice design and construction parameters. Typical standard minimum
guidelines regarding regulations to control excavations, grading, earthwork construction,
including fills and embankments and provisions for approval of plans and inspection of
grading construction are set from the latest version of the Building Code. Compliance
with these standards shall be evident on grading and structural plans. This measure shall
be monitored by the City Building and Safety Division through periodic site inspections.
(Mitigation Measure GEO3)
36. Any hazardous waste that is generated on-site shall be transported to an appropriate
disposal facility by a licensed hauler in accordance with the appropriate State and Federal
laws. (Mitigation Measure HM1)
37. Prior to the issuance of a building permit for any future tenant of the warehouse portion
of the building, the property owner or building occupant shall contact the Orange County
Fire Authority Hazardous Materials Disclosure Office to obtain a "Hazardous Materials
Business Information and Chemical Inventory Packet." This shall be completed and
submitted to the Fire Chief prior to the issuance of a building permit. (Mitigation
Measure HM2)
38. Prior to issuance of grading permits, Best Management Practices (BMP's) shall be
developed in compliance with Orange County's municipal NPDES permit program.
Specific measures shall include:
❖ Siltation of drainage devices shall be handled through a maintenance program to
remove silt/dirt from channels and parking areas.
❖ Surplus or waste materials from construction shall not be placed in drainage ways
or within the 100-year floodplain surface waters.
❖ All loose piles of soil, silt, clay, sand, debris, or other earthen materials shall be
protected in a reasonable manner to eliminate any discharge to waters of the State.
❖ During construction, temporary gravel or sandbag dikes shall be used as necessary
to prevent discharge of earthen materials from the site during periods of
precipitation or runoff. (Mitigation Measure HWQ1)
39. A spill response plan shall be developed and implemented that addresses any spills which
may occur at the site. (Mitigation Measure HWQ2)
40. Grading and exterior building construction are limited to the hours of 7:00 a.m. to 8:00 p.m.,
Monday through Friday, and 9:00 a.m. to 8:00 p.m. on Saturday, only if the City's noise
standards are exceeded. Interior building construction and tenant improvements are limited
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Exhibit "A" Page 6
Amendment No. 3 to Conditional Use Permit No. 81-4
Conditions of Approval
to the hours of 7:00 a.m. to 8:00 p.m., Monday through Saturday, only if the noise standards
are exceeded. (Mitigation Measure NI)
41. Grading and exterior building construction activities, as well as interior building
construction shall be limited to the days and hours specified in the City's Noise Ordinance.
In addition, construction equipment shall be equipped with effective muffling devices.
Compliance with this measure is subject to field inspection by City staff. (Source: Cypress
Municipal Code Section 13-70(e).) (Mitigation Measure N2)
FIRE AUTHORITY CONDITIONS
42. 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 every structure on site. The plans shall
include plan and sectional views and indicate the grade and width of the access road
measured flow-line to flow-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 plans shall indicate the locations of all existing fire hydrants
to ensure that none are obstructed. 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."
43. Prior to the issuance of any 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."
44. 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.
Effective: 1-26-2009
• Community Development Department•Planning Division •