Resolution No. 5691 475
RESOLUTION NO. 5691
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE PERMIT NO. 2003-04 -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 35.157 of the Zoning Ordinance of the City of Cypress to allow the
replacement of two (2) existing in-ground fuel tanks with two (2) above-ground fuel tanks for a
mortuary maintenance yard facility located at 4471 Lincoln Avenue, within the PS Public/Semi-
Public Zone.
2. That in accordance with Section 35.159 of the Cypress Zoning Ordinance, the
Design Review Committee reviewed and approved this project on July 10, 2003.
3. That in accordance with Section 35.159 of the Cypress Zoning Ordinance, the
decision of the Design Review Committee on this project was reported to the City Council on
August 11, 2003,during a public meeting of the City Council.
4. That in accordance with Section 35.161 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 fuel storage facility design is compatible and consistent
with the existing mortuary maintenance yard facility design and layout, including
size and exterior materials and color.
(2) The subject above-ground fuel tanks would be fully screened from
view from surrounding properties and roadways by an existing masonry wall,
thereby maintaining its compatibility with surrounding residential and commercial
properties within the RS-6,000 Residential Single-Family Zone and the PC Planned
Community Zone,respectively.
(3) The subject fuel tank replacement qualifies for a Categorical
Exemption, Class 2, in accordance with the California Environmental Quality Act
(CEQA)guidelines.
c. The proposed above-ground fuel tanks 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. 2003-04, subject to the
conditions attached hereto as Exhibit "A".
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476
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting
held on the 11th day of August, 2003.
MAYOR OF THE CITYCOF`(�-1tRESS
ATTEST:
t. , Vii, ,
gI Y CLERK OF T I:�� Y OF CYPRESS
STATE OF CALIFORNIA)
COUNTY OF ORANGE )SS
I, JILL R. INGRAM-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 11th day of August, 2003,by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: McGill,Piercy, Sondhi, Keenan and McCoy
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
fit Os 61!IA
Y CLER OF fi CITY OF CYPRESS
-2-
477
EXHIBIT "A"
Design Review Committee Permit No. 2003-04
4471 Lincoln 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 seq. - including but not by way of limitation § 21152 and 21167). City shall
promptly notify the developer of any claim, action, or proceeding brought within this time
period. 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, Orange County Health
Department, and Cypress Building and Safety Division shall be satisfied prior to
commencement of the fuel tank operation.
6. All applicable conditions of Design Review Committee Permit No. 2003-04 shall be
complied with prior to final release of building permits.
• Community Development Department•Planning Division •
478
Exhibit "A" Page 2
Design Review Committee Permit No. 2003-04
Conditions of Approval
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. 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).
Appropriate Structural and Non-Structural BMP's for Fuel Dispensing facilities shall be
included in the Water Quality Management Plan.
10. Outdoor storage — Where a plan of development contemplates or building plans
incorporate outdoor containers for oils, fuels, solvents, coolants, wastes, and other
chemicals, these shall be protected by secondary containment structures. Self
containment is necessary to prevent any spillage during the fuel filling process.
11. Motor Fuel Concrete Dispensing Areas — Areas used for fuel dispensing shall be paved
with concrete (no use of asphalt). Concrete surfacing shall extend 6 '/z feet from the
corner of each fuel dispenser in any direction. This may be reduced to OR the maximum
length that the fuel dispensing hose and nozzle assembly may be operated in any
direction plus one (1) foot. In addition, the fuel dispensing area shall be graded and
constructed so as to prevent drainage flow either through or from the fuel dispensing
area.
12. Motor Fuel Dispensing Area Canopy — All motor fuel concrete dispensing areas are to
have a canopy structure for weather protection, extending over the motor fuel concrete
fuel dispensing areas.
• Community Development Department•Planning Division •
479
Exhibit "A" Page 3
Design Review Committee Permit No. 2003-04
Conditions of Approval
13. Motor Fuel Concrete Dispensing Area Interruptible Drainage — The concrete motor fuel
dispensing area will be graded and constructed so as to drain to an underground clarifier
sump/tank equipped with a shut off valve that can stop the further draining of stormwater
or spilled material therefrom into the street or storm drain system. Spills will be
immediately cleaned up according to a Spill Contingency Plan.
14. Water Quality Inlets — Water Quality Inlets designed to remove free phase liquid
petroleum compounds, grease, floatable debris, and settleable solids can be used in the
following applications: outdoor storage.
COMMUNITY DEVELOPMENT CONDITIONS
15. This Design Review Committee 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.
16. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
17. 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.
18. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
19. The canopies covering both the existing well and the subject above-ground fuel tanks
shall be maintained in good condition and appearance such that they are free of rips,
tears, missing parts, or faded surface colors. The canopies shall be reviewed every
three (3) years to determine the need for replacement under this criteria. Both
canopies shall be the same color, subject to the approval of the Community
Development Director.
20. 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.
• Community Development Department•Planning Division•
480
Exhibit "A" Page 4
Design Review Committee Permit No. 2003-04
Conditions of Approval
21. 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
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.
Effective: 8-11-2003
• Community Development Department •Planning Division •