Resolution No. 6140 379
RESOLUTION NO. 6140
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2009-03 -
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 two-story industrial building on the properties
located at 8865 and 8871 Watson Street, 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 April 23,
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 May 11, 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 the opportunity for 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.
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 design of the building is compatible with the
existing industrial buildings located in the vicinity of the subject property.
(2) The subject development is consistent with the design criteria
contained in the Lincoln Avenue Specific Plan.
(3) Adequate parking will be provided onsite for the proposed
office and warehouse uses of the building.
c. The two-story industrial building project, as conditioned, will comply
with each of the applicable provisions of the Cypress Zoning Ordinance and the Lincoln
Avenue 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. 2009-03,
subject to the conditions attached hereto as Exhibit "A".
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380
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 11th day of May, 2009.
M ',`i1— F THE IT ! " CYPRESS
ATTEST:
waL
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 May, 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
1Q/ - • /
CITY CLERK OF THE CITY OF CYPRESS
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381
EXHIBIT "A"
Design Review Committee Permit No.2009-03
8865 & 8871 Watson Street
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 sec. - 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. Prior to commencement of any onsite business operations, the applicant or business owner
shall obtain a Cypress business license.
7. All applicable conditions of Design Review Committee Permit No. 2009-03 shall be
complied with prior to occupancy of the subject building.
•Community Development Department•Planning Division •
382
Exhibit "A" Page 2
Design Review Committee Permit No. 2009-03
Conditions of Approval
8. 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.
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. All requirements of the State Subdivision Map Act, and the City's Subdivision Ordinance
shall be satisfied. A lot line adjustment shall be recorded prior to the issuance of Building
Permits. To consolidate two parcels into one,a copy of the recorded lot line adjustment
shall be submitted to the Engineering Division prior to the issuance of the first building
permit.
12. 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, 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%).
13. 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 West 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
• Community Development Department•Planning Division •
383
Exhibit "A" Page 3
Design Review Committee Permit No. 2009-03
Conditions of Approval
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
(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.
14. 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
Section#22658,to the satisfaction of the Building Official and County Fire Marshal. Onsite
traffic circulation shall be subject to the approval of the City Engineer.
15. 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.
16. 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.
17. Watson Street and Cypress Street shall be fully improved with ADA compliant curb ramp,
drive closure, two (2) new drive approaches, etc., in accordance with the City's Code
requirement of Streets.
18. 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 Enter Info. 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.
19. All utility services shall be underground. Trenching and backfill in streets shall be per City
of Cypress Standard No. 109. 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.
20. Street trees (24 inch box) shall be installed in conformance with Sections 27.19 and 25.29.E
of 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.
21. 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 •
384
Exhibit "A" Page 4
Design Review Committee Permit No. 2009-03
Conditions of Approval
22. For landscaping within the public right-of-way, a landscape 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.
23. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Public Improvement Plan Check.
• Public Improvement Permit&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).
24. 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 CONDITIONS
25. The applicant shall meet all the requirements contained within the City's National
Pollutant Discharge Elimination System (NPDES), County-wide Drainage Area
Management Plan (DAMP), Local Implementation Plan or any subsequent changes to
these documents as required by the State of California Regional Water Quality Control
Board.
26. Prior to the issuance of any grading or building permits, the applicant shall submit for
review and approval by the Department of Public Works, a Water Quality Management
Plan (WQMP) specifically identifying Best Management Practices (BMP's) that will be
used onsite to control predictable pollutant runoff. This WQMP shall identify, at a
minimum, the routine structural and non-structural measures specified in the current
Drainage Area Management Plan (DAMP). The WQMP must also:
• Address Site Design BMP's (as applicable) such as minimizing impervious areas,
maximizing permeability, minimizing directly connected impervious areas, creating
reduced or zero discharge areas, and conserving natural areas;
• Incorporate applicable Routine Source Control BMP's as defined in the DAMP;
• Include an Operation and Maintenance (O&M) Plan that identifies the mechanism(s)
by which long-term O&M of all structural BMP's will be provided.
•Community Development Department•Planning Division •
385
Exhibit "A" Page 5
Design Review Committee Permit No. 2009-03
Conditions of Approval
27. Prior to the issuance of any grading or building permits, the applicant shall include in the
WQMP the following additional Priority Project information in a manner meeting the
approval of the Department of Public Works:
• Include post-construction Treatment Control BMP's as defined in the DAMP;
• For applicants relying on Regional Treatment Controls, discuss applicable regional
water quality and/or watershed program;
• Include an Operation and Maintenance (O&M) Plan that (1) describes the long-term
operation and maintenance requirements for post-construction Treatment Control
BMP's; (2) identifies the entity that will be responsible for long-term operation and
maintenance of the referenced Treatment Control BMP's; and (3) describes the
mechanism for funding the long-term operation and maintenance of the referenced
Treatment Control BMP's.
28. Prior to the issuance of a Certificate of Use and Occupancy, the applicant shall
demonstrate compliance with the WQMP in a manner meeting the satisfaction of the
Department of Public Works including:
• Demonstrate that all structural Best Management Practices (BMP's) described in the
project's WQMP have been implemented, constructed and installed in conformance
with approved plans and specifications;
• Demonstrate that the applicant has complied with all non-structural BMP's described
in the project's WQMP.
29. Prior to the issuance of a Certificate of Occupancy, the 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
30. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
31. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
32. 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.
33. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
34. 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.
• Community Development Department •Planning Division •
386
Exhibit "A" Page 6
Design Review Committee Permit No. 2009-03
Conditions of Approval
35. 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.
36. 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.
37. 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.
38. The applicant shall provide minimum twenty-four inch (24") box size trees along the
Cypress Street frontage to screen the loading doors from the adjacent streets to the
satisfaction of the Community Development Department. The applicant shall also
work with the adjacent property owner to the north to provide landscaping along the
north property line of the project site.
39. Unless otherwise specified, all required trees shall be a minimum 15-gallon in size and of a
variety approved by the Community Development Director.
40. 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
properties are developed.
41. A comprehensive sign program 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.
42. Upon expiration or termination of a tenant's lease term, the tenant or property owner shall
remove all wall signs, patch the canopy and facia, and paint the patched area to match the
surrounding wall facia. 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.
43. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so
as to cover all landscaped areas.
44. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
• Community Development Department•Planning Division •
387
Exhibit "A" Page 7
Design Review Committee Permit No. 2009-03
Conditions of Approval
45. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
46. 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.
47. 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.
48. 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.
49. 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.
50. Prior to the occupancy of the subject building, the applicant or occupant shall contact
the Cypress Planning Division to determine if additional discretionary permits would
be required for the proposed use.
51. The warehouse loading doors for the units shall remain closed except during times of
shipments or deliveries.
BUILDING CONDITIONS
52. 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.
53. An automatic fire sprinkler system, approved by the Fire Marshal, shall be required.
54. Type 5 cement shall be used for all foundations and slabs on grade.
55. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
56. 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.
• Community Development Department•Planning Division •
388
Exhibit "A" Page 8
Design Review Committee Permit No. 2009-03
Conditions of Approval
57. 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.
58. Prior to final Certificate of Occupancy, as required by California State Health'and "OvA,
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.
59. Building plans shall be stamped by a licensed engineer.
60. A pre-grading Storm Water Pollution Prevention Plan (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
61. 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. The plan shall indicate the nearest fire hydrant to the property line.
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."
62. 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."
63. 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.
64. 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.
• Community Development Department•Planning Division •
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Exhibit "A" Page 9
Design Review Committee Permit No. 2009-03
Conditions of Approval
65. Since the structure is over 5,000 square feet in area, the entire structure shall be protected
with an approved automatic fire sprinkler system. Prior to the issuance of a building
permit, the applicant shall submit plans for any required automatic fire sprinkler system
in any 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.
66. 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
67. 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.
68. 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.
69. The lighting plans for the project shall also be subject to review by the Cypress Police
Department.
Effective: 5-11-2009
• Community Development Department •Planning Division •