Resolution No. 5943RESOLUTION NO. 5943
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 2006-06 - 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 conditional use permit in accordance with the
provisions of Section 4.19.070 of the Zoning Ordinance of the City of Cypress to approve a
precision machine shop within the existing lease space located at 11125 Knott Street within the PC-
4 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 -4 Planned Community Business Park
Zone in which the site is located, which is:
Intended as an area to provide opportunities for the design and development
of integrated, master planned projects which may benefit from special design
standards, and land uses not otherwise possible under conventional zoning
district regulations.
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 parking and circulation will be provided within the
development to accommodate the parking demand for the proposed use.
(2) Conditions of approval have been included to address potential noise
impacts on adjacent Business Park uses.
(3) The proposed machine shop use is consistent with the types of uses
permitted within the Warland/Cypress Business Center Specific Plan.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance and the Warland/Cypress Business Center Specific
Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Conditional Use Permit No. 2006 -06, 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 22nd day of May, 2006.
MAYO' • THE CITY OF CYPRESS
ATTEST:
77
STA'L'E OF CALIFORNIA )
COUNTY OF ORANGE ) SS
78
I, JILL R. INGRAM, 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
22nd day of May, 2006, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: McCoy, Seymore, Luebben and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: McGill
ITiY CLERK OF THE C NSF CYPRESS
79
EXHIBIT "A"
Conditional Use Permit No. 2006 -06
11125 Knott 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 seg. - 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, Orange County Health
Department, and Cypress Building and Safety Division shall be satisfied prior to
commencement of the business operation.
6. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to
a Certificate of Occupancy being issued.
• Community Development Department • Planning Division •
80
Exhibit "A"
Conditional Use Permit No. 2006 -06
Conditions of Approval
Page 2
7. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
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 Forty -Three Dollars ($43.00) 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.
STORMWATER QUALITY CONDITIONS
11. For those applications involving New Development:
a. The applicant shall submit a project specific Water Quality Management Plans
(Project WQMPs) in accordance with the Section A -7.6 and Exhibit A -7.IV of the
Council adopted Local Implementation Plan if the application meets any of the following
criteria:
(1) The development qualifies as one of the priority project categories listed
as follows: residential development of 10 units or more; commercial and industrial
development greater than 100,000 square feet including parking areas; automotive
repair shop (SIC codes 5013, 5014, 5541, 7532 -7534, and 7536- 7539);
(2) The development is a restaurant where the land area of development is
5,000 square feet or more including parking areas (SIC code 5812);
(3) The development involves an impervious surface of 2,500 square feet or
more located within, directly adjacent to (within 200 feet), or discharging directly to
receiving water within Environmentally Sensitive Areas; or
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 2006 -06
Conditions of Approval
Page 3
(4) The development involves a parking lot area of 5,000 square feet or more,
or with 15 or more parking spaces, and potentially exposed to urban runoff or the
development does not qualify as one of the Priority Project Categories but requires
discretionary action that will include a precise plan of development (unless the
Development Services Director deems the project as exempt from this requirement)
or requires issuance of a non - residential plumbing permit predominantly for changes
to fuel dispensers.
The applicant shall include in its WMQP identification of the relevant best management
practices in the project design if such project meets one of the categories for priority
project designation noted above.
12. For those applications involving Significant Redevelopment, where the "Significant
Redevelopment" consists of development that would create or add at least 5,000 square
feet of impervious surfaces on an already developed site and includes, but is not limited
to: the expansion of a building footprint; addition to or replacement of a structure;
replacement of an impervious surface that is not part of a routine maintenance activity; or
where the "Significant Redevelopment" consist of land disturbing activities related with
structural or impervious surfaces but does not include trenching and resurfacing
associated with utility work; resurfacing and reconfiguring surface parking lots; or where
the "Significant Redevelopment" consist of new sidewalk construction, pedestrian ramps,
or bike lane on public and private existing roads; and replacement of damaged pavement.
Replacement of impervious surfaces includes any activity that is not part of a routine
maintenance activity where impervious material(s) are removed, exposing underlying soil
during construction.
a. The applicant shall submit project specific Water Quality Management Plans
(Project WQMPs) in accordance with the Section A -7.6 and Exhibit A -7.IV of the
Council adopted Local Implementation Plan the application meets any of the
following criteria:
(1) The development qualifies as one of the priority project categories listed
as follows: residential development of 10 units or more; commercial and industrial
development greater than 100,000 square feet including parking areas; automotive
repair shop (SIC codes 5013, 5014, 5541, 7532 -7534, and 7536 - 7539);
(2) Restaurant where the land area of development is 5,000 square feet or
more including parking areas (SIC code 5812); impervious surface of 2,500 square
feet or more located within, directly adjacent to (within 200 feet), or discharging
directly to receiving water within Environmentally Sensitive Areas;
(3) Parking lot area of 5,000 square feet or more, or with 15 or more parking
spaces, and potentially exposed to urban runoff or the development does not qualify
• Community Development Department • Planning Division •
82
Exhibit "A"
Conditional Use Permit No. 2006 -06
Conditions of Approval
Page 4
as one of the Priority Project Categories but requires discretionary action that will
include a precise plan of development (unless the Development Services Director
deems the project as exempt from this requirement) or requires issuance of a non-
residential plumbing permit predominantly for changes to fuel dispensers.
13. The applicant shall include in its WMQP identification of the relevant best management
practices in the project design if such project meets one of the categories for priority
project designations noted above, except where the "Significant Redevelopment" results
in an increase of less than fifty percent of the impervious surface of a previously existing
development, and the existing development was not subject to WQMP requirements, the
WMQP requirements apply only to the addition, and not to the entire development.
14. For those applications involving any development that is required to submit a WQMP,
the applicant shall conform to the following requirements:
a. WQMP's for priority new or significant redevelopment must address site design
BMPs, routine structural and non - structural Source Control BMPs, Treatment
Control BMPs, including consideration of a regional or watershed approach, and the
mechanism(s) by which long -term operation and maintenance of all structural
BMPs will be provided while non - priority new or significant redevelopment must
address routine structural and non - structural Source Control BMPs, consideration of
Site Design BMPs, and the mechanism(s) by which long -term operation and
maintenance of all structural BMPs will be provided.
b. The applicant shall submit the WQMP prior at one or both points in the project
planning and permitting stage as determined by the Director of Development
Services:
i. During the discretionary approval process (land use permit) of a proposed
project, when the City would exercise judgment or deliberation in order to
approve or disapprove a new development or significant redevelopment
project, or
ii. During the ministerial approval process of issuing a grading, building,
demolition, or similar "construction" permits in which only fixed standards
or objective measures are applied.
c. For projects that require submittal of construction plans, the applicant for plan
check must incorporate all of the structural BMPs 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.
d. Prior to the issuance of any grading or building permits for projects that will result
in soil disturbance of one or more acres of land, the applicant shall demonstrate
that coverage has been obtained under California's General Permit for Stormwater
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83
Exhibit "A"
Conditional Use Permit No. 2006 -06
Conditions of Approval
Page 5
Discharges Associated with Construction Activity by providing a copy of the
Notice of Intent (NOI) submitted to the State Water Resources Control Board and
a copy of the subsequent notification of the issuance of a Waste Discharge
Identification (WDID) Number. Projects subject to this requirement shall prepare
and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the
current SWPPP shall be kept at the project site and be available for City review
on request.
e. Prior to the issuance of any building or grading permits or prior to recordation
upon subdivision of land if determined applicable by Director of Development
Services, the applicant shall submit to the City for review and approval a Water
Quality Management Plan that:
i. Addresses Site Design BMPs such as minimizing impervious areas,
maximizing permeability, minimizing directly connected impervious areas,
creating reduced or "zero discharge" areas, and conserving natural areas
ii. Incorporates the applicable Routine Source Control BMPs as defined in the
DAMP
iii. Incorporates Treatment Control BMPs as defined in the DAMP
iv. Generally describes the long -term operation and maintenance requirements
for the Treatment Control BMPs,
v. Identifies the entity that will be responsible for long -term operation and
maintenance of the Treatment Control BMPS, and
vi. Describes the mechanism for funding the long -term operation and
maintenance of the Treatment Control BMPs.
f. Prior to building or grading permit close -out and/or the issuance of a certificate of
use or a certificate of occupancy, the applicant shall:
i. Demonstrate that all structural best management practices (BMPs) described
in the Project WQMP have been constructed and installed in conformance
with approved plans and specifications,
ii. Demonstrate that applicant is prepared to implement all non - structural
BMPs described in the Project WQMP,
iii. Demonstrate that an adequate number of copies of the approved Project
WQMP are available onsite,
iv. Demonstrate that a mechanism or agreement acceptable to the City has been
executed for the long -term funding and performance of BMP operation,
maintenance, repair, and/or replacement.
v. For industrial facilities subject to California's General Permit for
Stormwater Discharges Associated with Industrial Activity as defined by
Standard Industrial Classification (SIC) code, demonstrate that coverage has
been obtained by providing a copy of the Notice of Intent (NOI) submitted
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Exhibit "A"
Conditional Use Permit No. 2006 -06
Conditions of Approval
g.
Page 6
to the State Water Resources Control Board and a copy of the notification of
the issuance of a Waste Discharge Identification (WDID) Number.
Submit for review and approval by the City an Operations and Maintenance
(O &M) Plan for all structural BMPs. The plan must include the following:
i. Structural BMPs
ii. Employee responsibilities and training for BMP operation and maintenance
iii. Operating schedule
iv. Maintenance frequency and schedule
v. Specific maintenance activities
vi. Required permits from resource agencies, if any
vii. Forms to be used in documenting maintenance activities
viii. Notification to Orange County Vector Control District of the structural
BMPs in place
ix. Recordkeeping requirements (at least 5 years)
x. If a property owner or a private entity, such as a homeowners association
(HOA), retains or assumes responsibility for operation and maintenance of
structural BMPs, the applicant will require access for inspection through an
agreement. Such access easements shall be binding throughout the life of
the project, or until the BMPs requiring access are acceptably replaced with
a BMP not requiring access. Funding for the long -term operation and
maintenance of structural BMPs will be front- funded, or otherwise
guaranteed via mechanisms such as approved assessment districts, or other
funding mechanisms.
h. The applicant shall obtain a separate public works permit for any BMP that is
required within the public right of way. During the rainy season from October 1 to
April 30, any BMP that is placed in front of a storm drain catch basin or inlet shall
be placed at the beginning of the workday and removed at the end of each
workday to reduce any potential for flooding. The applicant shall monitor if rain
is expected, to remove the BMP during the workday.
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.
• Community Development Department • Planning Division •
85
Exhibit "A"
Conditional Use Permit No. 2006 -06
Conditions of Approval
Page 7
iii. Appropriate BMPs 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
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."
15. The applicant shall implement the following project specific conditions with regards to
water quality:
J•
Prior to the issuance of any building permits, the applicant shall include in the plans
any urban runoff control measures deemed necessary by the Building Official for
those situation where the threshold of a WQMP may not be met but where the project
requires urban control runoff measures.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 2006 -06
Conditions of Approval
Page 8
k. Prior to issuance of certificates of use and occupancy or building permits for
individual tenant improvements or construction permits for a tank or pipeline, uses
shall be identified and, for specified uses, the applicant shall propose plans and
measures for chemical management (including, but not limited to, storage, emergency
response, employee training, spill contingencies and disposal). The chemical
management measures shall be incorporated as an element of a Water Quality
Management Plan and shall be subject to the approval of the City Building Official
and other specified agencies such as the Fire Authority/Fire Department, the Orange
County Health Care Agency and sewering agencies to ensure implementation of each
agency's respective requirements. Certificates or permits may be ministerial withheld
if features needed to properly manage chemicals cannot be incorporated into a
previously completed building, center or complex.
COMMUNITY DEVELOPMENT CONDITIONS
16. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2006 -06 will require an amendment to the conditional use
permit.
17. This conditional use permit may be modified or revoked by the City Council should the
Council determine that the proposed use or conditions under which it is being operated or
maintained is detrimental to the public health, safety, or welfare, or materially injurious to
properties or improvements in the vicinity.
18. In the event the City receives complaints regarding the business operations, the
applicant shall discontinue the use of the machinery until such time as noise
attenuation measures have been implemented to the satisfaction of the City.
Examples of acceptable noise attenuation measures are noise enclosures,
soundboard on the walls of the shop area, and /or muffling devices.
19. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
20. The rear access doors to the business premises facing the alleyway shall remain closed
during all hours of business operation, except during deliveries.
21. 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.
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Exhibit "A"
Conditional Use Permit No. 2006 -06
Conditions of Approval
BUILDING CONDITIONS
Page 9
22. Applicant/developer shall comply with applicable provisions of the 2001 California
Building, Plumbing, Electrical, and Mechanical Codes, the 2001 California Administrative
Code, Title 24, and the Code of the City of Cypress.
23. 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.
24. All electrical equipment and machinery shall be U.L. listed or equivalent in accordance with
Code requirements.
FIRE AUTHORITY CONDITION
25. 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."
Effective: 5 -22 -2006
• Community Development Department • Planning Division •