Resolution No. 4703173
RESOLUTION NO. 4703
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, APPROVING DESIGN REVIEW COMMITTEE NO. 94 -14 PHASE II
WITH CONDITIONS
THE CITY COUNCIL OF THE CITY OF THE CYPRESS HEREBY FINDS,
RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed for Design Review Committee approval in
accordance with the provisions of Section 18 of the Zoning Ordinance of the City of Cypress
for the construction of a 61,000 square foot speculative building located on the 3.12 acre parcel,
known as Parcel 4 of the Warland /Cypress Business Center Specific Plan Area, on the west side
of Warland Drive.
2. That in accordance with the provisions of Section 18.3 of the City of Cypress
Zoning Ordinance, the Design Review Committee held a meeting on August 8, 1996, at which
time it approved the construction of the proposed 61,000 square foot speculative building.
3. That the decision of the Design Review Committee on Design Review Committee
No. 94 -14 Phase II was reported to the City Council at the next regular Council meeting
following the date of the action by the Committee.
4. That the City Council hereby finds that:
(a) The proposed location of the building is in accord with the objectives of
the Zoning Ordinance and the purpose of the zone in which the site is
located is intended to:
(1) Provide opportunity for a variety of high quality office, industrial
and commercial tenants consistent with the City's General Plan and
the Warland /Cypress Business Center Specific Plan;
(2) Provide a range of employment opportunities onsite including
professional, retail and service, and industrial, thereby widening
the employee base of the City of Cypress;
(3)
Result in a positive revenue flow to the City of Cypress;
(4) Ensure that the development is perceived as a single, cohesive
business park complex; design measures encompassing
landscaping, signage, setbacks and streetscapes will combine to
establish the unique character of the development;
(5)
Establish flexible development guidelines which will accommodate
future market trends and tenant needs, without sacrificing the
intended high - quality character of the project;
(6) Provide adequate infrastructure to support the Specific Plan land
uses.
(b) The proposed building is consistent with the goals, policies, and objectives
of the City of Cypress General Plan as updated in 1993.
(c) The proposed location of the building 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 proposed building is consistent with the applicable
development standards and design guidelines set forth in the
Warland /Cypress Business Center Specific Plan.
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(2) The proposed facility is compatible with surrounding business park
development.
(3) Sufficient access and parking for the building will be provided
onsite.
(d) The proposed building implements in part the previously approved
Warland /Cypress Business Center Specific Plan Project.
5. The proposed building will comply with each of the applicable provisions of the
Zoning Ordinance, specifically including the PC -4 Planned Community Business Park Zone.
6. On November 26, 1984, the City Council certified a Final Environmental Impact
Report ( "Specific Plan EIR ") in conjunction with the adoption of the Warland /Cypress Business
Center Specific Plan. The EIR recommended a variety of mitigation measures which were
adopted by the City Council in conjunction with its adoption of the Specific Plan. This building
is within the scope of the project analyzed in the Specific Plan EIR.
7. On February 8,1993, the City certified the Cypress General Plan Update EIR in
conjunction with the adoption of the City's 1993 General Plan Update (the "General Plan Update
EIR "). The General Plan Update EIR analyzed the city -wide development of business park uses,
including, but not limited to, land use, noise, air quality, transportation /circulation, and
cumulative impacts previously assumed in the Specific Plan EIR. The EIR recommended a
variety of mitigation measures which were adopted by the City Council in conjunction with its
adoption of the General Plan Update. This building is within the scope of the project analyzed
in the General Plan Update EIR.
8. On July 25, 1994, the City adopted the Negative Declaration that covered both
Phase I and II of the speculative building development on Warland Drive. The Environmental
Checklist concluded that the development would not have significant impacts on the environment
which were not previously analyzed and disclosed in the Specific Plan EIR or the General Plan
Update EIR.
9. The zoning designation for the site and the Specific Plan permits the density of
development on the site which would be permitted by Design Review Committee No. 94 -14
Phase II. There are no significant impacts upon the environment peculiar to the site which were
not addressed as significant impacts in the Specific Plan EIR or General Plan Update EIR, or
which substantial new information shows would be more significant than described in those
previous EIR' s.
10. On September 12, 1994, the City Council approved Development Agreement No.
94 -2 vesting Warland Investments Company's right to develop the Warland /Cypress Business
Center Specific Plan. No challenge to the Development Agreement has been filed and the time
for any such challenge has now expired. In accordance with that Development Agreement, the
City has retained the right to process building permits and to undertake design review as
specified in the City's Code. This Design Review approval has been processed and approved
in accordance with the Development Agreement.
11. Although the development, which includes this Phase II, has been considered
using an individual initial study /environmental checklist, cumulative impacts of this building
together with the impacts of development of other speculative buildings have been addressed in
the General Plan Update EIR and Specific Plan EIR. A separate checklist has been utilized in
order to simplify the process of determining whether there are site specific impacts which are
unique to this building as compared to the impacts previously anticipated in the Specific Plan
EIR and the General Plan Update EIR. Potential cumulative impacts have been adequately
considered because the General Plan Update EIR was predicated on the assumption that all
property in the City would be developed in accordance with the limits of the General Plan.
12. A subsequent environmental impact report is not required pursuant to Public
Resources Code § 21166 in that:
(a) There are no substantial changes proposed for the building which will
require major revisions of the Specific Plan EIR and the General Plan
Update EIR;
(b) Since the certification of the previous EIRs, no substantial changes in
circumstances in the project area or in the Specific Plan have occurred
requiring major revisions to the Specific Plan EIR and General Plan
Update EIR; and
(c) No new information of substantial importance has become available since
the certification of the Specific Plan EIR or the General Plan Update EIR
which would require any important change in the analysis in those EIRs
or which shows that the building will have any significant effects not
discussed in those EIRs, that the effects analyzed will be significantly
more severe than those shown in those EIRs or mitigation measures or
alterations previously found not to be feasible and would substantially
reduce significant effects of the project (the Specific Plan).
13. Prior to taking action on this resolution, the City Council reviewed and considered
the Specific Plan, the Specific Plan EIR, the General Plan Update, the General Plan Update EIR,
the Initial Study /Environmental Checklist, the traffic study included in the appendix of the Initial
Study, and the negative declaration prepared for this approval.
14. The negative declaration adopted for this approval reflects the independent
judgment of the City Council.
15. Considering the record as a whole, there is no evidence that the proposed project
will have the potential for an adverse effect on wildlife resources or on the habitat on which
wildlife depends. Any presumption of an adverse effect on wildlife resources or habitat has been
rebutted through the substantial evidence in the record.
16. The proposed building will comply with each of the applicable provisions of the
Zoning Ordinance except for approved variances or adjustments.
NOW, THEREFORE, BE IT FURTHER RESOLVED that:
1. The City Council of the City of Cypress does hereby approve Design Review
Committee No. 94 -14 Phase II, subject to the conditions of approval attached hereto as Exhibit
flAt1;
2. The City Council of the City of Cypress does hereby find that this project is
within the scope of the adopted negative declaration for Design Review Committee No. 94 -14
and that no substantial changes in circumstances or no new information of substantial importance
has become available since its adoption.
APPROVED AND ADOPTED by the City Council of the City of Cypress at a
regular meeting held on the 23rd day of September , 1996.
ATTEST:
ovt
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss
175
176
I, LILLIAN M. HAINA, City Clerk of the City of Cypress, California, DO
HEREBY CERTIFY that the foregoing resolution was duly adopted at a regular meeting of the
said City Council held on the 23rd day of September , 1996, by the following roll
call vote:
AYES: 5 COUNCIL MEMBERS: Age, Carroll, Jones,
Kerry and Bowman
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0
COUNCIL MEMBERS: None
CITY LERK OF THE CITY OF CYPRESS
177
EXHIBIT "A"
Design Review Committee No. 94 -14 Phase II
11137 Warland Drive
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
* Denotes conditions which are specific to this project
1. 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 sue. - 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.
2. 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.
3. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to a Certificate of Occupancy being issued.
*4. All applicable conditions of Design Review Committee No. 94 -14 Phase II shall be
complied with prior to occupancy of the subject building.
5. All business activity shall occur within the building. Temporary use permits may be
granted for outdoor activity in accordance with Section 13.1 of the Cypress Zoning
Ordinance.
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Exhibit "A"
Design Review Committee No. 94 -14 Phase II
Conditions of Approval
ENGINEERING CONDITIONS
Page 2
6. The developer shall conform to all applicable provisions of the Code of the City of
Cypress. A Parcel Map was approved at the August 26, 1996 City Council meeting, and
shall be recorded prior to issuance of Building Department Permits.
7. 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. All lots 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 %).
8. Where an existing block wall is removed, the Developer shall provide suitable temporary
fencing for all adjacent properties during construction of the perimeter walls. A retaining
wall per City standards shall be constructed at the property line where the finish grade
difference is greater than twelve inches (12 "). A six -inch (6 ") concrete curb shall be
constructed per City standards to protect all block walls and structures exposed to
vehicular traffic. Grade separation shall not exceed two feet (2') between two adjacent
properties.
9. 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 City Engineer, 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.
10. 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.
11. Warland Drive shall be dedicated and fully improved with curb, gutter, sidewalk,
driveway, paving, etc., in accordance with the City's Code requirement of Streets.
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Exhibit "A"
Design Review Committee No. 94 -14 Phase II
Conditions of Approval
Page 3
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. 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.
13. All utility services shall be underground. Trenching and backfill in streets shall be per
City of Cypress Standard No. 110. 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. Transportation Systems Management (TSM) measures shall be encouraged for all
developments in the City. The developer shall participate in the TSM plan adopted by
the City. The developer shall participate in these programs on an equivalent basis with
all other City designated participants.
15. Street trees (15 gallon) fifty -two feet (52') on center shall be installed in back of public
sidewalk in conformance to the street tree policy of the Public Works Department and
shall be incorporated with the onsite landscape plan. The type of trees shall be as
required by the City's street tree ordinance. Landscaping in Public Right -of -Way shall
be maintained by the developer.
16. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer
laterals connecting existing buildings at this property shall be plugged at the property
line.
17. For landscaping within the public right -of -way, a landscape and irrigation plan shall be
submitted for approval by the City and a bond posted by the applicant to guarantee
against any defects in plant materials and workmanship.
18. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Engineering Plan Check & Inspection Fee (Per Resolution 2964).
• Drainage Fee for Master Drainage Plan (Per Resolution 2287).
• City -wide Traffic Improvement Fee (Per Resolution 4348 and current fee
Resolution) .
• Regional Traffic Improvement Fee (Per Resolution No. 4400).
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Exhibit "A"
Design Review Committee No. 94 -14 Phase II
Conditions of Approval
Page 4
• Sanitary Sewer Connection Fee (Per Orange County Sanitation District, No. 3,
Resolution 308).
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• All applicable Building Department fees.
PLANNING CONDITIONS
*19. The use of said speculative building shall be limited to office and industrial use in
accordance with Section III of the Warland Specific Plan. Based on the number of
parking spaces provided, the office portion will be limited to 15,000 square feet.
Any future request for a wholesale /distribution center shall require a conditional use
permit.
20. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
21. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
22. 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.
23. The developer shall provide an adequate number of trash enclosures onsite and at a
location acceptable to City staff.
24. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and
of a variety approved by the Community Development Director.
25. 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.
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Exhibit "A"
Design Review Committee No. 94 -14 Phase II
Conditions of Approval
Page 5
26. 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.
27. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
28. A comprehensive sign program for both building and freestanding monument signs shall
be submitted for Community Development Department approval prior to any signing
installation. The developer shall not erect or display on the subject property any signs
which have not been approved in writing by the Community Development Department.
29. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
30. At least thirty (30) days prior to the issuance of building permits for any structure
penetrating the 100:1 imaginary surface, the project proponent shall submit FAA Form
7460 -1, "Notice of Proposed Construction or Alteration" to the Chief, Air Traffic
Division of the appropriate FAA regional office. The project applicant will comply with
all appropriate FAA standards and requirements. The findings of the FAA will be
transmitted to the City of Cypress prior to the application for business permits.
31. 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 appearance.
32. 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.
33. 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.
34. Prior to the issuance of building permits for any habitable building proposed for
construction within the 60 CNEL contour from the Los Alamitos Army Airfield, the
project proponent shall submit to the City of Cypress an acoustical analysis report. The
report shall describe the acoustical design features of the structures required to satisfy the
Airport Environs Land Use Plan and State interior noise standards along with evidence
that the sound attenuation measures specified in the report have been incorporated with
the design of the project.
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Exhibit "A"
Design Review Committee No. 94 -14 Phase II
Conditions of Approval
Page 6
35. The proposed buildings shall be constructed with the appropriate "sound insulation"
material as required by the California Noise Insulation standards to mitigate the noise
impact from the Los Alamitos Army Airfield.
BUILDING CONDITIONS
36. Applicant /developer shall comply with applicable provisions of the 1994 Uniform
Building, Plumbing and Mechanical Codes, 1993 National Electrical Code, California
Code of Regulations, Title 24, and the Code of the City of Cypress.
37. An automatic fire sprinkler system, approved by the Fire Marshal, may be required.
38. 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.
39. Type 5 cement shall be used for all foundations and slabs on grade or as otherwise
recommended by the soils engineer.
40. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier or as otherwise recommended by the soils engineer.
41. A soil investigation report shall be submitted with the plans for plan check. Report shall
include soil bearing capacity, seismic study, grading, paving, sulfate test and other
pertinent information under good engineering practice.
42. An acoustical report shall be submitted with the plans for plan check. Report shall meet
all the requirements of the Uniform Building Code and Title 24 of the California Code
of Regulations.
43. Address must be shown on elevations.
FIRE AUTHORITY CONDITIONS
44. Prior to the recordation of a final tract /parcel map, water improvement plans shall be
submitted to and approved by the Fire Chief to ensure adequate fire protection and
financial security posted for the installation. The water system design, location of
valves, and the distribution of fire hydrants will be evaluated and approved by the Chief.
45. Prior to the issuance of any grading permits, the applicant shall submit and obtain
approval of preliminary plan for all streets and courts, public or private, from the Fire
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Exhibit "A"
Design Review Committee No. 94 -14 Phase II
Conditions of Approval
Page 7
Chief in consultation with the Manager, Traffic Engineering. The plans shall include the
plan view, sectional view, and indicate the width of the street or court measured flow
line to flow line. All proposed fire apparatus turnarounds shall be clearly marked when
a dead -end street exceeds 150 feet or when other conditions require it.
46. Prior to the issuance of any grading permits, the applicant shall submit to the Fire Chief
a list of the quantities of all hazardous, flammable and combustible materials, liquids or
gases. These liquid and materials are to be classified according the "Orange County Fire
Authority Chemical Classification Handout." 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. Compressed gases and compressed liquified
gases are to be converted to cubic feet.
47. Prior to the issuance of any building permits, an Orange County Fire Authority Water
Availability Form shall be submitted to and approved by the Engineering Section of the
Orange County Fire Authority. If sufficient water to meet fire flow requirements is not
available, an automatic fire extinguishing system shall be installed in each structure.
48. Prior to the issuance of any building permits, plans for the automatic fire sprinkler
system shall be submitted to and approved by the Fire Chief prior to installation. This
system shall be operational prior to the issuance of a Certificate of Use and Occupancy.
49. Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall have
a "Blue Reflective Pavement Marker" indicating its location on the street or drive per the
Orange County Fire Authority Standard. On private property, these markers are to be
maintained in good condition by the property owner.
Revised 09/24/96
• Community Development Department • Planning Division •