Resolution No. 5967RESOLUTION NO. 5967
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT NO. 2 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 add new parking area in front of the existing industrial 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 onsite circulation would be provided on the subject site.
(2) The proposed parking area would be in accord with the objectives
and development standards of the Cypress Corporate Center
Amended Specific Plan.
(3)
The proposed parking 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. 2 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 24th day of July, 2006.
MAYOR OF 1 HE CITY OF CYPRESS
ATTEST:
160-aka,1(1
ACTING CITY CLERK OF THE CITY OF CYPRESS
173
STATE OF CALIFORNIA
COUNTY OF ORANGE
) SS
174
I, DENISE BASHAM, Acting 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 24th day of July, 2006, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Seymore, Luebben and
Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ige„.m. sue.,,
CITY CLERK OF THE CITY OF CYPRESS
175
EXHIBIT "A"
Amendment No 2 to Conditional Use Permit No. 81 -4
6550 Katella Avenue
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 m. - 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 applicable conditions of Amendment No. 2 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.
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Exhibit "A"
Amendment No. 2 to Conditional Use Permit No. 81 -4
Conditions of Approval
Page 2
7. 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.
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 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 %).
10. The developer shall provide adequate "No Parking" controls within the development and
appropriate "No Parking - Fire Lane" signs shall be installed per California Vehicle Code
#22658, to the satisfaction of the Building Official and County Fire Marshal. The developer
of this project shall provide adequate speed control within the development to the
satisfaction of the City Engineer. Onsite traffic circulation shall be subject to the approval
of the City Engineer.
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. 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 Katella Avenue. 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.
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Exhibit "A"
Amendment No. 2 to Conditional Use Permit No. 81 -4
Conditions of Approval
Page 3
13. All utility services shall be underground. Trenching and backfill in streets shall be per City
of Cypress Standard No. 109. Arterials shall be crossed by boring only. In City streets
lateral open cuts spaced within twenty feet (20') of each other shall be covered with a one
inch (1 ") continuous A.C. cap.
14. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Grading Plan Check and Permit (Per Resolution 5069).
15. 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
16. 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
(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.
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Exhibit "A"
Amendment No. 2 to Conditional Use Permit No. 81 -4
Conditions of Approval
Page 4
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.
17. 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 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 designations noted above, except where the "Significant Redevelopment" results
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Exhibit "A"
Amendment No. 2 to Conditional Use Permit No. 81 -4
Conditions of Approval
Page 5
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.
18. 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
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 PIan (SWPPP). A copy of the
current SWPPP shall be kept at the project site and be available for City review
on request.
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Exhibit "A"
Amendment No. 2 to Conditional Use Permit No. 81 -4
Conditions of Approval
Page 6
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:
g.
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
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
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Exhibit "A"
Amendment No. 2 to Conditional Use Permit No. 81 -4
Conditions of Approval
Page 7
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.
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.
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Exhibit "A"
Amendment No. 2 to Conditional Use Permit No. 81 -4
Conditions of Approval
Page 8
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."
19. 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.
k.* *Determined by Staff ** 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
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Exhibit "A"
Amendment No. 2 to Conditional Use Permit No. 81 -4
Conditions of Approval
Page 9
needed to properly manage chemicals cannot be incorporated into a previously
completed building, center or complex.
COMMUNITY DEVELOPMENT CONDITIONS
20. Any expansion or modification of the approved use beyond what is approved as part of
Amendment No. 2 to Conditional Use Permit No. 81 -4 will require an amendment to the
conditional use permit.
21. 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.
22. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a
variety approved by the Community Development Director.
23. A minimum forty -eight inch (48 ") box tree shall be provided on each side of the
canopy structure located at the front of the building. In addition, minimum twenty -
four inch (24 ") box size trees shall be provided along the front of the building to
replace the existing mature trees which will be removed as part of the project. These
trees shall be replaced at a ratio of one -to -one with the new location to be determined
by the Community Development Department.
24. 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
adjoining properties are developed.
25. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so
as to cover all landscaped areas.
26. 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.
27. 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.
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Exhibit "A"
Amendment No. 2 to Conditional Use Permit No. 81 -4
Conditions of Approval
BUILDING CONDITIONS
Page 10
28. 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.
FIRE AUTHORITY CONDITIONS - COMMERCIAL
29. Prior to the issuance of any permits or approval, the applicant shall submit a fire master plan
to the Orange County Fire Authority and obtain approval 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 width of all access roads and shall indicate all turning radii on the project. The
minimum turning radius shall be 17' inside and 38' outside. The plans shall also 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. 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."
Effective: 7 -24 -2006
• Community Development Department • Planning Division •