Resolution No. 6547183
RESOLUTION NO. 6547
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT TO DESIGN REVIEW COMMITTEE
PERMIT NO. 94 -5 - WITH AMENDED CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed for an amendment to an existing 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 an extension of the loading dock hours of
operation for the existing office /warehouse building located at 11100 Hope Street, within
the PC -2 Planned Community Business Park 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
December 31, 2015.
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 January 25, 2016, 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 result in a development of a general business park
character, including light industrial, office, and retail uses, which
compliment surrounding, existing, and planned land uses.
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) No physical changes to the existing, previously approved,
concrete tilt -up building and attached loading dock design are proposed.
(2) The proposed extended loading dock hours are compatible
with surrounding properties within the PC -2 Zone, and are not expected to
significantly change the use of the existing facility, which was previously
approved and has been operating without issue since the mid- 1990's.
(3) The proposed extension of the existing loading dock hours are
consistent with the typical operational needs of general office /warehouse
uses, which are permitted by right in the applicable PC -2 Zone and are
consistent with the Cypress General Plan's land use designation of Specific
Plan Area.
(4) As conditioned, the proposed loading dock hours of operation
would be compatible with surrounding commercial and light industrial uses
located in the same business park, as well as the nearest residential uses
located to the south, because the extended hours would remain consistent
with the restricted delivery and loading dock hours stipulated in the Cypress
City Code.
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(5) Standard conditions of approval have been imposed to ensure
compliance with the Cypress City Code and other applicable regulations.
(6) The existing and proposed amended conditions are consistent
with conditions attached to adjacent and surrounding properties within the
same zone.
(7) The proposed extended loading dock hours are in compliance
with the assumptions and parameters of the Cypress Corporate Center
Amended Specific Plan Environmental Impact Report. As such, the
proposed project qualifies for a Categorical Exemption under CEQA
Guidelines, Section 15303. Accordingly, a Categorical Exemption, Class 1,
will be filed upon project approval.
c. The proposed loading dock hours extension, as conditioned, will
comply with each of the applicable provisions of the Cypress Zoning Ordinance, as well as
the applicable Cypress Corporate Center Amended Specific Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Amendment to Design Review Committee Permit
No. 94 -5, subject to the existing and amended conditions attached hereto as Exhibit "A ".
Any challenge to this Resolution, and the findings set forth therein, must be filed
within the 90 day statute of limitations set forth in Code of Civil Procedure 1094.6.
PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular
meeting held on the 25th day of January, 2016.
MAYO R OF THE CITY
ATTEST:
a� (L Lo-c J (,3 ka .131
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CYPRESS
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
25th day of January, 2016, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Peat, Morales and Yarc
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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CITY CLERK OF THE CITY OF CYPRESS
EXHIBIT "A"
AMENDMENT TO DESIGN REVIEW COMMITTEE PERMIT NO. 94-5
11100 Hope Street
(Extended Loading Dock Hours of Operation)
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
1. General Conditions
1.1. 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. (Planning)
1.2. The applicant 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 applicant of any claim, action, or proceeding
brought within this time period. (City Attorney)
1.3. The applicant shall comply with all provisions of the Code of the City of Cypress.
(Planning)
2. Planning
2.1. Any expansion or modification of the approved use beyond what is approved as part of
this Design Review Committee Permit will require an amendment to the permit.
(Planning)
2.2. All business activity shall occur within the building. Temporary use permits may be
granted for outdoor activity in accordance with Section 19, of the Cypress Zoning
Ordinance. (Planning)
2.3. This Design Review Committee permit and the associated conditions of approval, 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. (Planning)
• Community Development Department • Planning Division •
185
186
Exhibit "A"
Amendment to Design Review Committee Permit No. 94 -5
Conditions of Approval
3. Architectural N/A
4. Signage N/A
5. Landscaping N/A
6. Operational
Page 2
6.1. The former Condition No. 41 of Design Review Committee Permit No. 94 -5 shall now
read as follows, with amended text in bold italics: The business hours of operation in
relation to loading dock activity shall be limited from 7:00 a.m. to 10:00 p.m. only, on
Monday through Friday and from 7:00 a.m. to 7:00 p.m. on Saturday. Sunday loading
dock activity and late night or early morning deliveries shall be specifically prohibited.
All loading dock operations shall fully comply with the applicable noise ordinances. If
the City, the business operator, or the property owner receives complaints regarding
loading dock activity, the owner shall be promptly notified and shall take whatever
corrective actions are necessary to resolve any bonafide problem. In the event the
owner is unsuccessful, the City shall have the authority to direct the tenant to modify or
curtail the delivery hours when a bonafide noise complaint exists. (Planning)
6.2. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited. (Planning)
6.3. Outside public address speakers, telephone bells, buzzers, and similar devices which are
audible on adjoining properties are hereby prohibited. (Planning)
6.4. The City Council shall maintain the right to review the business hours of operation and
may, subject to a public hearing, limit the hours should substantiated complaints be
received that the business hours are creating an adverse impact upon neighboring
properties. (Planning)
6.5. The parking lot shall be used solely for vehicular parking, unless otherwise approved in
writing by the Director of Community Development. (Planning)
7. Property Maintenance N/A
8. Fees
8.1. 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. (Planning)
• Community Development Department • Planning Division •
187
Exhibit "A"
Amendment to Design Review Committee Permit No. 94 -5
Conditions of Approval
9. Engineering N/A
10. Landscaping within the Public Right -of -Way N/A
11. Sewer and Wastewater N/A
12. Street Trees N/A
13. Street Lighting N/A
14. Streets N/A
15. Subdivisions N/A
16. Traffic N/A
17. Utilities N/A
18. Drainage N/A
19. Storm Water Quality — National Pollutant Discharge Elimination System N/A
20. Building and Safety N/A
21. Security N/A
22. Antennas N/A
23. Alcohol — On Sale N/A
24. Alcohol — Off Sale N/A
25. Fire N/A
Effective: 1 -25 -2016
SECTIONS
1 General
2. Planning
3. Architectural
4. Signage
5. Landscaping
6. Operational
7. Property Maintenance
8. Fees
Page 3
• Community Development Department • Planning Division •
188
Exhibit "A"
Amendment to Design Review Committee Permit No. 94 -5
Conditions of Approval
9. Engineering
10. Landscaping in the Public Right -of -Way
11. Sewer and Wastewater
12. Street Trees
13. Street Lighting
14. Streets
15. Subdivisions
16. Traffic
17. Utilities
18. Drainage
19. Storm Water Quality
20. Building & Safety
21. Security
22. Antennas
23. Alcohol — On Sale
24. Alcohol — Off Sale
25. Fire
Page 4
• Community Development Department • Planning Division •