Resolution No. 5873270
RESOLUTION NO. 5873
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE PERMIT NO. 2005-19 - 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 a
9,265 square -foot building addition onto an existing mortuary administration building, and the
reconfiguration of the access drive and parking lot, located at 4471 Lincoln Avenue, within the PS
Public and Semi- Public Zone.
2. That in accordance with Section 4.19.060.E of the Cypress Zoning Ordinance, the
Design Review Committee reviewed and approved this project on April 21, 2005.
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
23, 2005, 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 for properties to be developed with public uses, other than street
right -of -way, as well as for identification and preservation of areas of
historic and community significance for the enjoyment of future generations.
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 mortuary building addition design is compatible and
consistent with the existing building, including size and exterior building materials
and color.
(2) The subject building addition, as designed with fully screened roof -
mounted mechanical equipment, would be compatible with surrounding residential
properties.
(3) As proposed, the associated access drive and parking lot
reconfiguration would provide adequate parking spaces, access, and vehicle
circulation for the expanded mortuary building.
c. The proposed building addition and parking lot reconfiguration project, as
conditioned, will comply with each of the applicable provisions of the Cypress Zoning Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Design Review Committee Permit No. 2005 -19, 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 13th day of June, 2005.
/A/ 6
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
271
I, JILL R. GUERTIN, 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 13th
day of June, 2005, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, McCoy, Seymore, Sondhi and McGill
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Y CLERK OF THE CITY OF CYPRESS
272
EXHIBIT "A"
Design Review Committee Permit No. 2005 -19
4471 Lincoln Avenue
CONDITIONS OF APPROVAL
Regular text denotes standard 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 q. - 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. City shall further cooperate fully in the defense of the action and should the City fail
to either promptly notify or cooperate fully, developer shall not thereafter be responsible to
defend, indemnify, or hold harmless the City.
3. The developer's contractor shall provide the City with a Certificate of Insurance on City
form evidencing a comprehensive liability insurance policy with a combined single limit of
not less than $500,000 each occurrence in connection with the work performed. Certificate
shall include the City, its Council, officers, members of boards or commissions and
employees as additional Named Insureds with respect to all claims, actions, damages,
liabilities and expenses, including attorney's fees, arising out of or in connection with the
work to be performed under the development executed by the Named Insured and City,
including any act or omission of employees, agents, subcontractors, or their employees.
Such certificate shall have a thirty (30) day cancellation notice to the City of Cypress.
4. The applicant/developer shall comply with all provisions of the Code of the City of Cypress.
5. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to
a Certificate of Occupancy being issued.
6. All applicable conditions of Design Review Committee Permit No. 2005 -19 shall be
complied with prior to occupancy of the subject building.
• Community Development Department • Planning Division •
273
Exhibit "A"
Design Review Committee Permit No. 2005 -19
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. 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.
12. 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.
13. 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 Lincoln Avenue. No landscaping in excess of
• Community Development Department • Planning Division •
274
Exhibit "A"
Design Review Committee Permit No. 2005 -19
Conditions of Approval
Page 3
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.
14. 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.
15. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• City -wide Traffic Improvement (Per Resolution 4348 and current fee Resolution).
• Regional Traffic Improvement (Per Resolution No. 4400).
• Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD -09).
• Grading Plan Check and Permit (Per Resolution 5069).
16. 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.
17. Developer/Property owner shall submit a Storm Water Pollution Prevention Plan and a
Water Quality Management Plan, which identifies construction and post construction
Best Management Practices (BMP's), to the Engineering Division for review and
approval. The project shall also incorporate measures as specified in the County of
Orange Drainage Area Management Plan (DAMP) to help control runoff. Examples of
BMP's and control measures are included in the California Storm Water Best
Management Practices Handbook, Industrial /Commercial and Construction Activity,
March 1993 and the County of Orange Drainage Area Management Plan (1993).
18. Applicant/Developer shall submit a separate Erosion Control Plan identifying all BMPs that
will be implemented during construction of the project. The erosion control plan shall be
submitted and approved by the City prior to issuance of building permits.
19. The water quality Standard Notes Requirements identified by the Engineering Division
shall be applied to the site plan for this project, which shall be kept on the job at all times.
Compliance with the Standard Notes is required.
20. All downspouts shall drain into landscaped areas only. No surface drainage shall be
permitted.
• Community Development Department • Planning Division •
275
Exhibit "A"
Design Review Committee Permit No. 2005 -19
Conditions of Approval
COMMUNITY DEVELOPMENT CONDITIONS
Page 4
21. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
22. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
23. 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.
24. Office buildings adjacent to residential areas shall not be allowed to construct balconies.
25. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
26. 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. Commercial or industrial
developments which adjoin residentially zoned areas shall construct noise bafflers and/or
deflectors on all mechanical equipment mounted outdoors, to the satisfaction of City staff.
27. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
28. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
29. 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.
30. 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.
31. 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.
32. 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.
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Exhibit "A"
Design Review Committee Permit No. 2005 -19
Conditions of Approval
Page 5
33. 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.
34. Mechanical devices associated with the cleaning and maintenance of real property may be
used within any zone between the hours of 7:00 a.m. and 8:00 p.m. on weekdays and
between the hours of 8:00 a.m. and 8:00 p.m. on weekends and federal holidays. Such
devices include but are not limited to stationary or mobile pumps, fans, compressors,
generators, blowers, and sweepers. The use of such devices for such purposes is prohibited
at all other times.
BUILDING CONDITIONS
35. 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.
36. An automatic fire sprinkler system, approved by the Fire Marshal, may be required.
37. 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.
38. Type 5 cement shall be used for all foundations and slabs on grade.
39. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
40. 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.
FIRE AUTHORITY CONDITIONS - COMMERCIAL
41. Prior to issuance of building permits, the applicant shall submit a fire hydrant location
plan for the review and approval of the Fire Chief.
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Exhibit "A"
Design Review Committee Permit No. 2005 -19
Conditions of Approval
Page 6
42. Prior to the issuance of a building permit, 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 for
approval to the Orange County Fire Authority. If sufficient water to meet fire flow
requirements is not available, an automatic fire extinguishing system may be required in
each structure affected by insufficient fire flow.
43. 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 OCFA for review and
approval.
44. Prior to the issuance of a certificate of use and occupancy, this system shall be
operational in a manner meeting the approval of the Fire Chief.
45. Prior to issuance of a building permit, 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.
46. Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief a
list of the quantities of all hazardous, flammable and combustible materials, liquids or
gases to be stored, used, or handled on site. These liquids and materials shall be
classified according to the Uniform Fire Code using the "Orange County Fire Authority
Chemical Classification Handout ". The submittal shall provide a summary sheet listing
each hazard class, the total quantity of chemicals stored per class and the total quantity of
chemicals used in that class. All forms of materials are to be converted to units of
measure in pounds, gallons and cubic feet.
Effective: 6 -13 -2005
• Community Development Department • Planning Division •