Resolution No. 6553RESOLUTION NO. 6553
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 3057
- 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 conditional use permit in accordance with
the provisions of Section 4.19.070 of the Zoning Ordinance of the City of Cypress to
construct a new parking lot area for public and private parking on the former Pacific
Electric Railroad right -of -way located on the west side of Holder Street north of 6461
Global Drive within the PS Public and Semi - Public 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 PS Public and Semi -
Public Zone in which the site is located, which is:
Intended as an area to be developed with public uses, other than
street rights -of -way. This zone is also intended to identify and
preserve areas of historic and community significance for the
enjoyment of future generations.
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) The proposed parking area is consistent with the list of
conditionally permitted uses within the PS Public and Semi - Public Zone.
(2) The proposed parking area is consistent with surrounding
industrial park and office uses.
(3) The proposed parking area is considered a public ground
based on the public parking provisions. The use complies with the list of
permitted and conditional uses of the Cypress Zoning Code at the time that
Measure D (Ordinance No. 790) was adopted. Therefore, since the use is
permitted without a change to the Cypress Zoning Code, a vote of the
people is not required for this action.
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 Conditional Use Permit No. 3057, subject to the
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 14th day of March, 2016.
MAY•R OF THE CITY
t, C ' RESS
259
ATTEST:
l
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
260
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 14th day of March, 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
CITY CLERK OF THE CITY OF CYPRESS
261
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 3057
Former Railroad Right -of -Way on the West side of Holder Street North of 6461 Global Drive
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'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. (City
Attorney)
1.4. The applicant shall comply with all provisions of the Code of the City of Cypress.
(Planning)
1.5. All requirements of the Orange County Fire Authority (OCFA), Orange County Health
Department, and Cypress Building and Safety Division shall be satisfied prior to
commencement of the business operation. (Planning)
1.6. All requirements of the Orange County Fire Authority (OCFA) shall be complied with prior
to a certificate of occupancy being issued. (Planning)
• Community Development Department • Planning Division •
262
Exhibit "A"
Conditional Use Permit No. 3057
Conditions of Approval
Page 2
1.7. The applicant shall obtain a Cypress business license prior to commencement of the
business operation. (Finance)
1.8. All applicable conditions of the project shall be complied with prior to occupancy of the
subject building. (Planning)
1.9. 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. (Planning)
2. Planning
2.1. Any expansion or modification of the approved use beyond what is approved as part of this
Conditional Use Permit will require an amendment to the conditional use permit.
(Planning)
2.2. This conditional use 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. (Planning)
3. Architectural
3.1. On -site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic. (Planning)
3.2. During construction, the developer shall provide an adequate number of trash bins at a
location acceptable to City staff. Construction bins must be maintained onsite. Bin rental
shall be contracted through the City's disposal services contractor. (Planning)
4. Signage N/A
5. Landscaping
5.1. A detailed landscape and automatic irrigation plan shall be submitted to the Cypress
Planning Division for review and approval at least sixty (60) days prior to use of the
parking lot area. In addition, a bond shall be posted with Public Works to guarantee against
defects in plant materials and workmanship. All required landscaping shall be permanently
maintained in a neat and orderly condition. (Planning)
5.2. All qualifying landscape projects in the City shall comply with the City's Water
Efficiency Ordinance as well as the water efficient requirements of the Cypress
Zoning Code and the City's Drought Response Management Plan. All irrigation shall
be provided by a drip or microspray system. (Planning)
• Community Development Department • Planning Division •
263
Exhibit "A"
Conditional Use Permit No. 3057
Conditions of Approval
Page 3
5.3. Unless otherwise specified, all required trees shall be a minimum 24- gallon in size and of a
variety approved by the Director of Community Development. (Planning)
5.4. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas. (Planning)
6. Operational
6.1. The use of mechanical devices associated with the cleaning and maintenance of real
property shall be conducted in accordance with the Cypress Zoning Code. (Planning)
6.2. Security gate systems shall be equipped with a "Knox Box" system providing access with a
Knox submaster key for emergency access by police and fire services. The security gate
system shall be approved in writing by the Cypress Police Department and Orange County
Fire Authority prior to issuance of building permits. (Planning)
6.3. 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
7.1. 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. (Planning)
7.2. 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. (Planning)
7.3. The applicant shall enter into an agreement with the City allowing public parking on
the railroad easement between the hours of 7:00 p.m. and 6:00 a.m. Monday through
Friday and all day on Saturday and Sunday. The Agreement shall be recorded with
the County of Orange prior to the issuance of any development permits, including
grading permits. This Agreement shall remain in effect as long as the property is
zoned PS Public and Semi - Public. (Planning)
7.4. Signs shall be placed on the property indicating that the parking area is available for
public parking between the hours of 7:00 p.m. and 6:00 a.m. Monday through Friday
and all day on Saturday and Sunday. (Planning)
8. Fees
8.1. The applicant shall pay the following fees per Resolution No. 6118, as noted below.
(Engineering)
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Exhibit "A"
Conditional Use Permit No. 3057
Conditions of Approval
Page 4
Drainage Fee for Master Drainage Plan
Grading / On -Site (Non- Structural) Plan Check (Prior to submittal of Grading Plans)
Grading Permit and Inspection (Prior to Permit issuance)
Building Plan Check (Prior to submittal of Plans)
Building Permit and Inspection (Prior to Permit issuance)
Public Improvement Plan Check (Prior to submittal of Plans)
Public Improvement Permit and Inspection (Prior to Permit issuance)
8.2. 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)
9. Engineering
9.1. That all engineering requirements of the City of Cypress, including preparation of
improvement plans and installation of all improvements such as curbs and gutters,
sidewalks, street grading and pavement, sewer and drainage facilities, or other appurtenant
work shall be complied with as required by the City Engineer and in accordance with
specifications on file in the Office of the City Engineer, as may be modified by the City
Engineer; and, that security in the form of a bond, certificate of deposit, letter of credit,
completion guarantee, or cash, in an amount and form satisfactory to the City of Cypress,
shall be posted with the City to guarantee the satisfactory completion of said improvements.
Said security shall be posted with the City prior to the issuance of a building permit or final
map approval, whichever occurs first, to guarantee the installation of the related
improvements prior to final building and zoning inspections in accordance with an
approved construction phasing plan. These requirements may be modified by a
Development Agreement between the City of Cypress and the applicant with respect to
improvements to be implemented by the applicant. In the event the developer's contractor
and/or subcontractor fails to diligently prosecute the work within the public right -of -way,
the City reserves the right, in its reasonable discretion, to issue a stop work notice and to
provide a substitute contractor and/or subcontractor to complete said work at the sole cost
and expense of developer. (Engineering)
9.2. Prior to issuance of grading permit, the applicant shall submit all public improvement plans
and grading plans per the Public Works Standard Plans and specified design criteria. All
plans shall be in ink on 24 inch by 36 inch Mylar with City title block on all sheets.
(Engineering)
• Community Development Department • Planning Division •
265
Exhibit "A"
Conditional Use Permit No. 3057
Conditions of Approval
Page 5
9.3. The applicant shall notify the Director of Community Development in writing if any
changes to development/parcel map /tract map are proposed during the plan check process.
Permits shall not be issued until the Director of Community Development has reviewed and
approved the proposed changes for conformance with the intent of the City Council's action
and the conditions herein. If the proposed changes are of a substantial nature, an
amendment to the original entitlement may be required. (Engineering, Planning)
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
14.1. Areas subject to vehicle loading, including internal streets, driveways, etc., shall consist of
Portland Cement Concrete (PCC) unless an alternative material is approved in the project
WQMP for infiltration purposes. (Planning)
15. Subdivisions N/A
16. Traffic
16.1. Prior to the issuance of any grading permits, the applicant shall provide adequate sight
distance per Engineering Standard Plan 204 and 205 at all street intersections,
driveways, and parkways, in a manner meeting the approval of the City Engineer. The
applicant shall make all necessary revisions to the plan to meet the sight distance
requirement such as removing slopes or other encroachments from the limited use area
in a manner meeting the approval of the City Engineer and City Planner. (Engineering)
17. Utilities N/A
18. Drainage
18.1. Prior to issuance of grading permits or recordation of the subdivision map, whichever
comes first, at the direction of the City Engineer, the applicant shall submit a grading plan
for approval, in ink, on Mylar, signed and stamped by a registered California civil engineer
and using actual grades from an Orange County Surveyor's Benchmark on a form
acceptable to the City Engineer. (Engineering)
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 3057
Conditions of Approval
The applicant shall ensure the following requirements are met:
Page 6
Drainage is solved to the satisfaction of the City Engineer.
The Grading Plan is consistent with the Water Quality Management Plan, Site
Plan and any Improvement Plan for proposed public storm drains.
Submittal of a Preliminary Grading Plan.
The topography of the area surrounding this development shall be made to
establish existing drainage flow patterns.
The minimum slope standards are met for 1% for landscape areas, AC parking
areas 1.5 %, Concrete .2 %.
All surface runoff and subsurface drainage directed to the nearest acceptable
drainage facility, as determined by the City Engineer.
Drainage facilities discharging onto adjacent property shall be designed to imitate
the manner in which runoff is currently produced from the site or alternatively,
the applicant may obtain a drainage acceptance and maintenance agreement,
suitable for recordation, from the owner of said adjacent property.
All drainage facilities must be consistent with the County of Orange Grading
Ordinance as supplemented by the Engineering Division and Local Drainage
Manual.
19. Storm Water Quality — National Pollutant Discharge Elimination System
19.1. Prior to the issuance of building permits, the applicant shall submit a certified copy of
the approved Final Water Quality Management Plan along with the final approved
Grading Plan and all other supporting documentation on a Compact Disc in digital file
format acceptable to the City Engineer. (Engineering, Water Quality)
19.2. The applicant is directed to Chapter 13 Health and Sanitation, Article IV Cypress Water
Quality, Section 13 -23 (a) (9) regarding required submittal for a Water Quality
Management Plan (WQMP) to control urban runoff. This project has been classified as a
priority project under section XII New Development (Including Significant
Redevelopment) Order No. R8- 2009 -0030 of the Waste Discharge Requirements of the
California Regional Water Quality Control Board, Santa Ana Region for the cities within
County of Orange (NPDES Permit) available at
http: / /www.ocwatershed.com /Documents /R84thterm.pdf. Said WQMP shall include
best management practices for source control, pollution prevention, site design, and low
impact development as well as structural treatment controls among many factors. Site
design for controlling urban runoff must first evaluate infiltration, then harvest and water
re -use, then evapotranspiration and only bio- treatment if the other three are not feasible.
Submittal and subsequent approval of the Preliminary Water Quality Management Plan
does not guarantee approval of the Final Water Quality Management Plan. Should the
final calculations and submittals not meet the required thresholds necessary to meet the
obligations of the City under the NPDES Permit for development and its incorporated
documents such as the Drainage Area Management Plan and Technical Guidance
Document, alterations to the site and the site plan may be required as prescribed by the
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Exhibit "A"
Conditional Use Permit No. 3057
Conditions of Approval
Page 7
Director of Community Development to the WQMP. The aforementioned documents are
available for download at http: // www.ocwatersheds.com /WQMP.aspx. Any significant
alteration to the site plan due to the Final WQMP may then require approval of the
Council of the revised site plan. Additionally, as required under the NPDES Permit,
attention is directed that the WQMP must identify a responsible party and implement
funding sources for maintaining any treatment controls as required as part of the
development and must ensure that appropriate easements and ownerships are properly
recorded in public records and access is made available for inspection of said devices.
(Engineering, Water Quality)
19.3. Prior to issuance of certificate of occupancy, the applicant shall clean all on site storm
drain systems, catch basins, filters, storm drain lines, inlet boxes, etc. Additionally, upon
direction of the City Engineer, the applicant shall clean any public storm drain systems,
catch basins, filters, lines, inlet boxes that the City Engineer has determined have been
impacted by the applicant's construction. If clean -up is not performed, the City may
make arrangements to clean the system at developer's expense. (Engineering, Water
Quality)
19.4. Prior to the issuance of any grading or building permits, the applicant shall submit for
review and approval by the City Engineer, a Water Quality Management Plan (WQMP)
specifically identifying Best Management Practices (BMPs) that will be used onsite to
control predictable pollutant runoff. The applicant's WQMP shall be in conformance
with the Orange County Drainage Area Management Plan (DAMP), Model WQMP, and
Technical Guidance Manual for reference, and the City's WQMP template for submittal.
This WQMP shall include the following:
Detailed site and project description
Potential stormwater pollutants
Post - development drainage characteristics
Low Impact Development (LID) BMP selection and analysis
Structural and Non - Structural source control BMPs
Site design and drainage plan (BMP Exhibit)
GIS coordinates for all LID and Treatment Control BMPs
Operation and Maintenance (O &M) Plan that (1) describes the long -term operation
and maintenance requirements for BMPs identified in the BMP Exhibit; (2) identifies
the entity that will be responsible for long -term operation and maintenance of the
referenced BMPs; and (3) describes the mechanism for funding the long -term
operation and maintenance of the referenced BMPs.
The BMP Exhibit from the approved WQMP shall be included as a sheet in all plan sets
submitted for plan check and all BMPs shall be depicted on these plans. Grading and
building plans must be consistent with the approved BMP exhibit. (Engineering, Water
Quality)
19.5. Prior to the issuance of a certificate of occupancy, the applicant shall demonstrate
compliance with the City's NPDES Implementation Program in a manner meeting the
satisfaction of the City Engineer and Water Quality Manager, including:
• Community Development Department • Planning Division •
268
Exhibit "A"
Conditional Use Permit No. 3057
Conditions of Approval
Page 8
Demonstrate that all structural Best Management Practices (BMPs) described
in the BMP Exhibit from the project's approved WQMP have been
implemented, constructed and installed in conformance with approved plans
and specifications
Demonstrate that the applicant has complied with all non - structural BMPs
described in the project's WQMP
Submit for review and approval an Operations and Maintenance (O &M) Plan
for all structural BMPs (the O &M Plan shall become an attachment to the
WQMP)
Demonstrate that copies of the project's approved WQMP (with attached O &M
Plan) are available for each of the initial occupants
Agree to pay for an inspection (special investigation) from the City for a date
12 months after the issuance of a certificate of occupancy for the project to
verify compliance with the approved WQMP and O &M Plan
Demonstrate that the applicant has RECORDED one of the following:
•
•
The CC &R's (that must include the approved WQMP and O &M
Plan) for the project's Home Owner's Association;
A water quality implementation agreement that has the approved
WQMP and O &M Plan attached; or
The final approved Water Quality Management Plan (WQMP) and
Operations and Maintenance (O &M) Plan. (Engineering, Water
Quality)
19.6. Prior to the issuance of any grading or building permit, the applicant shall submit an
Erosion and Sediment Control Plan (ESCP) in a manner meeting approval of the City
Engineer and the Building Official, to demonstrate compliance with the City's NPDES
Implementation Program and State water quality regulations for grading and
construction activities. The ESCP shall identify how all construction materials, wastes,
grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc.
shall be properly covered, stored, and secured to prevent transport into local drainage
ways or coastal waters by wind, rain, tracking, tidal erosion or dispersion. The ESCP
shall also describe how the applicant will ensure that all BMPs will be maintained during
construction of any future public right -of -ways. The ESCP shall be updated as needed to
address the changing circumstances of the project site. A copy of the current ESCP shall
be kept at the project site and be available for City review on request by either the
Building or Engineering Division. The ESCP will be inspected by the Building Division.
(Engineering, Water Quality)
19.7. The applicant shall be subject to all requirements of Section 13 -29 of the Cypress
Municipal Code regarding stormwater pollution prevention including, but not limited to,
obtaining a commercial /industrial stormwater discharge permit, prior to the issuance of a
final certificate of occupancy. (Engineering, Water Quality)
• Community Development Department • Planning Division •
269
Exhibit "A"
Conditional Use Permit No. 3057
Conditions of Approval
Page 9
19.8. The applicant shall construct new or modify its existing trash enclosure structure to
possess a solid covered roof that prohibits stormwater to enter and then discharge from
the enclosure. The applicant shall obtain all required permits from the Building
Department for construction and also obtain final inspection to ensure it meets the above
mentioned criteria prior to the issuance of a final certificate of occupancy. (Engineering,
Water Quality)
20. Building and Safety
20.1. Applicant/developer shall obtain the required permits and comply with applicable
provisions of the 2013 California Residential, Building, Plumbing, Electrical, and
Mechanical Codes, the 2013 California Green Building Standards Code, Title 24, and the
City of Cypress Codes. (Building & Safety)
20.2. 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. (Building & Safety)
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: 3 -14 -2016
SECTIONS
1. General
2. Planning
3. Architectural
4. Signage
5. Landscaping
6. Operational
7. Property Maintenance
8. Fees
9. Engineering
• Community Development Department • Planning Division •
270
Exhibit "A"
Conditional Use Permit No. 3057
Conditions of Approval
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 10
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