Resolution No. 4386RESOLUTION NO. 4386
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 94 -15 - 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 17.2 of the Zoning Ordinance of the City of Cypress to construct a
439,650 square foot warehouse /distribution/office facility located at 11411 Valley View Street
in the PC -4 Planned Community Business Park 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 zone in which the site is
located is:
Intended to allow for a well designed business park, one which can
respond to changing future market conditions; to realize land uses and
quality development which are compatible with surrounding uses and
which take advantage of site characteristics; and to provide design
standards to assure a well designed, high quality aesthetically pleasing
environment which will result from future development within the
Warland /Cypress Business Center.
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 warehouse /distribution/office facility is consistent
with the objectives and standards of the City of Cypress Zoning Code.
(2) Sufficient access and parking will be provided onsite.
(3) The proposed warehouse /distribution/office facility will be
compatible with surrounding residential and business park development.
c. The proposed conditional use 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 the City Council of the City
of Cypress does hereby approve Conditional Use Permit No. 94 -15, 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 26th day of September , 1994.
MAYOR OF THE CITY OF CYPRESS
20
ATTEST:
6
CIT CLERK F HE QTTY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, 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 26th day of September , 1994, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age,Bowman, Kerry, Nicholson,
and Partin
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE'CITY OF CYPRESS
21
EXHIBIT "A"
Conditional Use Permit No. 94 -15
CONDITIONS OF APPROVAL
ENGINEERING CONDITIONS
1. The developer shall conform to all applicable provisions of the Code of the City of
Cypress.
2. 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 %).
3. 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.
4. The developer shall provide adequate "No Parking" controls within the development and
appropriate "No Parking - Fire Lane" signs shall be installed to the satisfaction of the
City Engineer, and County Fire Marshal. Onsite traffic circulation shall be subject to
the approval of the City Engineer.
5. Wheelchair and handicapped access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Public Works Department
standards.
6. 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.
7. Orangewood Avenue shall be fully improved with curb, gutter, sidewalk, paving, etc.,
in accordance with the City's Code requirement of Streets. Orangewood Avenue shall
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 94 -15
Conditions of Approval
Page 2
have a total right -of -way width of sixty-four feet (64'). Curb returns at the intersection
of Valley View Street and Orangewood Avenue shall have a radius of thirty -five feet
(35'). The corner cutoff shall be dedicated to the City of Cypress for roadway purposes.
8. On local streets, structural sections shall be based on the recommendation and soils
report prepared by an engineering firm acceptable to the City Engineer, with street
structural sections to be determined by using an applicable T.I. (Traffic Index) but shall
be not less than 3" A.C. over 6" A.B. The City shall provide the soils report for all
arterial streets. The minimum flowline grade in streets shall be two -tenths percent
(0.20 %), and the minimum A.C. crossfall shall be two percent (2 %).
9. 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 Warland Drive. 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.
10. 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.
11. In response to the recommendations indicated in the traffic report and as required by the
City Traffic Engineer, the following improvements shall be installed: a traffic signal at
the intersection of Warland Drive and Valley View Street. All costs for design,
engineering and construction shall be the responsibility of the developer.
12. Street lights on marbelite standards shall be installed per Southern California Edison
Company requirements. Street name signs and traffic signs shall be installed per City
Standards.
13. 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.
14. 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.
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 94 -15
Conditions of Approval
Page 3
15. The developer shall comply with all FAA requirements should any portion of the
development encroach within the 100 to 1 imaginary surface surrounding the Los
Alamitos Air Base. Encroachment within the 50 to 1 approach surface will require
approval by the FAA.
16. 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.
17. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Engineering Plan Check & Inspection Fee (Per Resolution 2964).
• Traffic Impact Mitigation Fee (Per Ordinance 911 and current fee Resolution).
• Sanitary Sewer Connection Fee (Per Orange County Sanitation District, No. 3,
Resolution 308).
• Advanced Street Light Energy Fee (For one (1) year period).
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• All applicable Building Department fees.
18. 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 (§ 2100 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.
PLANNING CONDITIONS
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Exhibit "A"
Conditional Use Permit No. 94 -15
Conditions of Approval
Page 4
19. The developers 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.
20. All requirements of the Orange County Fire Marshal's Office, Orange County Health
Department, and Cypress Building and Safety Department shall be satisfied prior to
commencement of the business operation.
21. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
22. All applicable conditions of Conditional Use Permit No. 94 -15 shall be complied with
prior to occupancy of the subject building.
23. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 94 -15 will require an amendment to the conditional use
permit.
24. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to a Certificate of Occupancy being issued.
25. 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.
26. Wheelchair and handicap access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Building Department Standards.
27. Architectural elevations and site plans shall be reviewed and approved by the Planning
Department prior to the issuance of building permits.
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 94 -15
Conditions of Approval
Page 5
28. 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.
29. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
30. 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.
31. The transformer boxes and water valves shall be placed in locations acceptable to the
Planning Director and shall be adequately screened from view with plant materials.
32. The developer shall provide an adequate number of trash enclosures onsite and at a
location acceptable to City staff. Construction bins must be maintained onsite during
periods of construction. Bin rental shall be contracted through the City's licensed
disposal contractor.
33. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only."
34. Parking for the handicapped shall be provided in accordance with State requirements.
35. A detailed landscape and automatic irrigation plan shall be submitted to the Planning
Department for review and approval at least sixty (60) days prior to issuance of a
Certificate of Occupancy. Installation of all plant material shall be performed to the
satisfaction of the Planning Department prior to the issuance of Certificate of Occupancy.
In addition, a bond shall be posted with the Public Works Department to guarantee
against defects in plant materials and workmanship.
36. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and
of a variety approved by the Planning Director.
37. 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.
38. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
• Community Development Department • Planning Division •
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c
Exhibit "A"
Conditional Use Permit No. 94 -15
Conditions of Approval
Page 6
39. A comprehensive sign program for both building and freestanding monument signs shall
be submitted for Planning 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 Planning Department.
40. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
41. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
42. 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 Department prior to issuance of building permits.
43. 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.
44. 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.
45. 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.
46. 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.
47. Exterior building elevations shall be maintained in a safe appearance such that the
buildings are free of broken, missing or significantly cracked surface fmished materials.
48. 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
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 94 -15
Conditions of Approval
Page 7
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.
49. 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.
50. The access doors to the building facing the single - family residences shall remain closed
during all hours of business operation. Said doors shall be designated and used for
emergency exit purposes only.
51. The operation of the facility shall comply with exterior noise level requirements as
specified in the City's noise Ordinance.
52. Within forty -eight (48) hours of the approval of this project, the applicant /developer shall
deliver to the Planning Department a check payable to the County Clerk in the amount
of Twenty-Five Dollars ($25.00) County administrative fee, to enable the City to file the
Certificate of Fee Exemption in accordance with Fish and Game Code Section 753.5 with
the Notice of Determination required under Public Resources Code Section 21152 and
Title 14 of the California Code of Regulations. If, within such forty-eight (48) hour
period, the applicant/developer has not delivered to the Planning Department the check
required above, the approval for the project granted herein shall be void.
BUILDING CONDITIONS
53. Applicant/developer shall comply with applicable provisions of the 1991 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California
Code of Regulations, Title 24, and the Code of the City of Cypress.
54. An automatic fire sprinkler system, approved by the Fire Marshal, shall be required.
55. Applicant /developer shall comply with all disclosure requirements of the Orange County
Fire Department for hazardous materials use and /or storage and the South Coast Air
Quality Management District for exhaustion of air contaminants.
56. Type 5 cement shall be used for all foundations and slabs on grade, unless indicated
otherwise by the soils engineer.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 94 -15
Conditions of Approval
Page 8
57. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier, unless indicated otherwise by the soils engineer.
58. 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.
59. 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.
60. Construction bins for non - recyclable and recyclable materials generated from any
construction site must be placed "onsite" out of the public right -of -way during
construction.
61. Dust reducing measures shall be utilized during construction of the project and shall
include but not be limited to regular watering of graded surfaces and suspension of
operations that create dust during windy conditions.
FIRE CONDITIONS
62. Prior to the issuance of any permits, water improvement plans shall be submitted to and
approved by the Fire Chief to ensure adequate fire protection and financial security is
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. A minimum
of five (5) hydrants are required, more may be needed upon receipt of more information.
63. Prior to the issuance of any building permits for combustible construction, a letter and
plan from the developer shall be submitted to and approved by the Fire Chief. This
letter and plan shall state that water for fire fighting purposes and an all weather fire
access road shall be in place before any combustible materials are placed on the site.
64. 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 Department Standard. On private property, these markers are to be
maintained in good condition by the property owner.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 94 -15
Conditions of Approval
Page 9
65. 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.
66. Plans for the fire alarm system shall be submitted to and approved by the Fire Chief
prior to installation. This system, per NFPA 13 and article 81 of the Uniform Fire Code
or other nationally recognized standards, shall be operational prior to the issuance of a
Certificate of Use and Occupancy. A smoke detection system is also required.
67. Prior to the issuance of any building permits, the applicant shall submit a detailed letter
of intended use for each building.
68. Prior to the issuance of any building permit, access improvement plans with fire lanes
shown shall be submitted to and approved by the Fire Chief. Indicate the locations of
red curbing and signage. Provide a drawing of the proposed signage with the height,
stroke and color of lettering and the contrasting background color. A method of
enforcement shall be included.
69. Prior to the issuance of any building permits, construction details for any emergency
access gate shall be submitted to and approved by the Fire Chief. Contact the Orange
County Fire Department at (714) 744 -6623 for a copy of the "Guidelines for Fire
Department Emergency Access."
70. Prior to the Occupancy of the Building, the subdivider shall enter into an agreement with
the County of Orange for the installation of traffic signal pre - emption equipment for the
following location(s): Valley View Street and Warland Drive. Said agreement shall be
accompanied by financial security. After one (1) year from the date of the agreement,
the Fire Chief shall determine whether the traffic signal preemption is to be installed per
the agreement or the financial security released. Language to this effect shall be included
in the agreement.
71. Prior to the issuance of any building permits, contact the Orange County fire Department
Hazardous Materials Disclosure Office at (714) 744 -0463 to obtain a "Hazardous
Materials Business Information and Chemical Inventory Packet". This shall be
completed and submitted to the Fire Chief before the issuance of any building permits.
72. Prior to the issuance of any building 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 to the "Orange County
Fire Department Chemical Classification Handout." Provide a summary sheet listing
each hazard class, the total quantity of chemicals stored per class and the total quantity
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 94 -15
Conditions of Approval
Page 10
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.
73. The following notes shall be provided on the site plan:
A. Fire Department Final Inspection Required. Schedule inspection two (2) days in
advance. Phone (714) 821 -7850.
B. Locations and classifications of extinguishers to be determined by the fire
inspector.
C. Storage, dispensing or use of any flammable and combustible liquids, flammable
and compressed gasses and other hazardous materials shall comply with Uniform
Fire Code Regulations.
D. For a building to be approved for high piled combustible storage, construction
must comply with 1991 Uniform Building Code and Uniform Fire Code. All
high pile storage shall comply with UFC, Art. 81 and NFPA Std. 231, 231C and
231D and good engineering practices and nationally recognized standards.
Storage plans shall be approved by the Fire Chief and Cypress Building Official
prior to installation of racks.
E. Plans of modifications to or new fire protection, detector or alarm system(s) shall
be approved by the Fire Department prior to installation.
74. Prior to the issuance of any building permits, plans for a smoke and heat removal system
shall be submitted to and approved by the Fire Chief. Smoke venting and curtain boards
shall comply with Table No. 81.107A of the Uniform Fire Code (UFC). This system
shall be operational prior to Certificate of Occupancy.
75. Prior to the issuance of any building permits, aisle widths and building access and access
doors shall comply with UFC Section 81.108 through Section 81.109. Access per UFC
Section 81.109(b) shall be provided every one hundred lineal feet (100').
POLICE DEPARTMENT CONDITIONS
76. Exterior lighting should provide visibility of all doorways, including loading dock area,
at a minimum distance of 50 feet during hours of darkness.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 94 -15
Conditions of Approval
Page 11
77. All emergency exits shall have locking hardware designed to be locked from the exterior,
but unlocked from the interior.
78. A monitored alarm system should be installed covering all perimeter doors, windows,
and roof openings.
ADDITIONAL CONDITIONS RESULTING FROM THE PUBLIC HEARING
79. No fuel facilities shall be provided onsite.
80. No repair of trucks or equipment, other than minor incidental maintenance, shall occur
on the site.
81. All long -haul truck traffic originating from the point of manufacture providing deliveries
from and returning to the facility shall be directed to access and depart the site utilizing
Warland Drive to Katella Avenue to the 605 Freeway.
82. A twelve foot (12') high decorative screen shall be constructed adjacent to the Phase I
truck parking area to screen the facility from residences to the south.
83. The applicant shall record a deed restriction prohibiting access to the facility from
Orangewood Avenue unless access is mandated by Federal, State, or local agencies.
84. Prior to the Certificate of Occupancy for the building, the entire perimeter landscape
berm area shall be landscaped with a mixture of non - deciduous tall and fast growing
plant materials so as to form a visual screen between the adjacent residential properties
and the warehouse facility. Landscape material shall include a mixture of 24 ", 36 ", and
48" box trees, ranging in height from twelve (12) to twenty (20) feet at initial planting.
The mix of trees between 24 ", 36", and 48" shall be approximately 33 % for each.
Effective 9/26/94
• Community Development Department • Planning Division •