Resolution No. 4274108
RESOLUTION NO. 4274
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 93 -17 - 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 75,000
square foot office /warehouse /distribution facility for Mary Kay Cosmetics located at 6300
Katella Avenue in the PC -2 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 encourage the establishment of a planned community of
balanced commercial and research/development uses in an area where it
is deemed desirable to provide for varied business facilities and to
establish standards of design and type of use which will enhance the area,
be in harmony with the objectives of the City's general plan and minimize
detrimental effects to the public health, safety and welfare; to designate
an area for modern office, commercial and research/development land
uses that can meet high performance and development standards, while
benefiting the community through growth, revenue generation and
providing an increasing supply of citizen employment services; to allow
diversification of specified land uses as they relate to each other in a
physical and environmental arrangements, while ensuring substantial
compliance with the overall goals of the City as identified in the various
elements of the General Plan; 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
Cypress Corporate 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 office /warehouse /distribution 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 office /warehouse /distribution 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. 93 -17, 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 10th day of January , 1994.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK F HE TY 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 10th day of January , 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
per,%
H CITY
CITY CLE' ' OF T OF CYPRESS
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 93 -17
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. Onsite landscape areas 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. A grade separation shall not exceed two feet (2') between the 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 along Katella Avenue per
California Vehicle Code #22658, 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.
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Conditional Use Permit No. 93 -17 Page 2
Conditions of Approval
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. Katella Avenue and Hope Street shall be dedicated and fully improved with curb, gutter,
sidewalk, driveway, paving, etc., in accordance with the City's Code requirement of
Streets. Katella Avenue shall have a total right -of -way width of 130 feet which include
an additional six foot (6') wide tree planting, and public utility easement on each side of
the street. The comer cutoff shall be dedicated to the City of Cypress for roadway
purposes. Hope Street shall have a half right -of -way width of thirty -two feet (32') which
include an additional six foot (6') wide tree planting and public utility easement on west
side of Hope Street.
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 Katella Avenue. 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. Developer shall submit a traffic study for all existing improvements and the proposed
developments to analyze the affects of this development and ultimate development of the
entire Cypress Business Park area. This study shall address the need for traffic control
devices, ingress- egress, traffic generation and distribution, and other traffic concerns
involving this portion of the Cypress Business Park.
12. A right -hand turn lane shall be provided for the Katella Avenue entrance to the site with
the length of the right -hand turn lane to be determined by the City's Traffic Engineer.
13. Transportation Systems Management (TSM) measures shall be encouraged for all
developments in the Business Park. Transportation management action plan is now being
prepared by the City. The developer shall participate in the TSM plan adopted by the
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Conditional Use Permit No. 93 -17 Page 3
Conditions of Approval
City for the Business Park and shall participate in a Transportation Management
Association (TMA) formed by landowners in the Business Park with the assistance of the
City and its consultants. The developer shall participate in these programs on an
equivalent basis with all other City designated participants within the business park.
14. The developer waives for himself, his successors and assigns, the right to protest the
formation of an assessment district, major thoroughfare benefits district or other
financing district deemed necessary or appropriate by the City to facilitate the imposition
and collection of traffic impact mitigation improvement fees or otherwise finance the
construction of the traffic impact mitigation improvements. Such improvements shall
include, but not be limited to, arterial street widenings, traffic signal system
modifications, grade separation structures or other major intersection improvements.
15. In the event that the formation of an assessment district, major thoroughfare benefit
district or other financing district as contemplated above does occur, the assessment shall,
at the City's discretion, be pro -rata within assessment /benefit area (area of benefit and
method of spreading the assessment to be determined by the City at its discretion), less
commercial /retail areas. The area of benefit and method of spreading the assessment will
be determined by the City at its discretion and in accordance with applicable laws and
regulations.
16. 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.
17. 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.
18. 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.
19. The developer shall comply with all requirements of the FAA 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.
20. A right turn lane, length to be determined by the City Traffic Engineer, shall be installed
on Katella for the entrance to the site.
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Conditional Use Permit No. 93 -17 Page 4
Conditions of Approval
21. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Engineering Plan Check & Inspection Fee (Per Resolution 2964).
• Park and Recreation Fee (Per Ordinance 769).
• Drainage Fee for Master Drainage Plan (Per Resolution 2287).
• Traffic Impact Mitigation Fee (Per Ordinance 778 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.
PLANNING CONDITIONS
22. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Planning Department.
23. 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.
24. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
25. All applicable conditions of Conditional Use Permit No. 93 -17 shall be complied with
prior to occupancy of the subject building.
26. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 93 -17 will require an amendment to the conditional use
permit.
27. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to a Certificate of Occupancy being issued.
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Conditional Use Permit No. 93 -17 Page 5
Conditions of Approval
28. 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.
29. 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.
30. Wheelchair and handicap access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Building Department Standards.
31. Architectural elevations and site plans shall be reviewed and approved by the Planning
Department prior to the issuance of building permits.
32. 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.
33. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
34. 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.
35. 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.
36. The developer shall provide an adequate number of trash enclosures onsite and at a
location acceptable to City staff.
37. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only."
38. Parking for the handicapped shall be provided in accordance with State requirements.
39. A detailed landscape plan specifying berming, plant material, and an 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. 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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Conditional Use Permit No. 93 -17 Page 6
Conditions of Approval
40. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and
of a variety approved by the Planning Director.
41. 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.
42. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
43. 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.
44. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
45. 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.
46. 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.
47. 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.
48. Exterior building elevations shall be maintained in a safe appearance such that the
buildings are free of broken, missing or significantly cracked surface finished materials.
49. 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.
50. The business hours of operation in relation to truck dock activity shall be limited from
7 a.m. to 7 p.m. only, on Monday through Saturday. Late night or early morning
deliveries shall be specifically prohibited.
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Conditional Use Permit No. 93 -17 Page 7
Conditions of Approval
51. A landscape screen shall be required along the east property line in the area of the
loading facility, which shall adequately screen the loading facility from the adjacent
business to the east.
52. On the monthly distribution day, employees of Mary Kay shall be encouraged to visit the
site between the hours of 9 a.m. and 4:30 p.m. in order to avoid peak time traffic
periods. In the event that traffic becomes a problem on this day, additional measures
will be required by the City to alleviate all traffic related problems.
53. 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
54. Applicant /developer shall comply with applicable provisions of the 1991 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California
Administrative Code, Title 24, and the Cypress City Code.
55. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed.
56. 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.
57. Type 5 cement shall be used for all foundations and slabs on grade.
58. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
59. 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.
60. 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 State
Administrative Code.
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Conditional Use Permit No. 93 -17 Page 8
Conditions of Approval
61. Applicant /developer shall use fire retardant wood shingles for the roof, if applicable.
62. The landscaping and irrigation plans must be included in original plan check submittal.
FIRE DEPARTMENT CONDITIONS
63. Prior to the recordation of a final tract /parcel map, water improvement plans shall be
submitted to and approved by the Fire Chief for adequate fire protection and financial
security posted for the installation. The adequate and reliability of water system design,
location of valves, and the distribution of fire hydrants will be evaluated and approved
by the Chief.
64. Prior to the issuance of any building permits for combustible construction, evidence that
a water supply for fire protection is available shall be submitted to and approved by the
Fire Chief. Fire hydrants shall be in place and operational to meet requirements and
fire -flow prior to commencing combustible materials.
65. Prior to the recordation of a final tract /parcel map, fire protection access easement shall
be approved by the Fire Chief and dedicated to the County of Orange. The CC &R;s
shall contain provisions which prohibit obstructions within the fire protection access
easement and also required Fire Chief approval for any modifications such as speed
bumps, control gates, or changes in parking plan within said easement.
66. Prior to the issuance of any building permits, all underground piping for automatic fire
extinguishing systems shall be approved. Plans for an automatic fire extinguishing
system shall be approved by the Fire Chief prior to installation. Such systems shall be
operational prior to the issuance of a Certificate of Use and Occupancy.
67. 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
Orange County Fire Department Standard. On private property, these markers are to be
maintained in good condition by the property owner.
68. Prior to the issuance of any building permits, an Orange County Fire Department Water
Availability Form shall be submitted to and approved by the Engineering Section of the
Orange County Fire Department. If sufficient water to meet fire flow requirements is
not available, an automatic fire extinguishing system shall be installed in each residence.
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Conditional Use Permit No. 93 -17
Conditions of Approval
Page 9
POLICE DEPARTMENT CONDITIONS
69. Applicant /developer shall comply with all of the conditions listed on the plans under
"Building Department Notes" on Page #1. This is in reference to stated conditions for
all exits, doors and windows.
70. A monitored alarm system, covering all perimeter doors, windows and roof openings,
including interior protection sensors, shall be installed in the warehouse area.
71. All parking areas shall be lighted to a one (1) footcandle level three feet (3') from the
ground. (Note: This lighting level is adequate for safety purposes during the hours of
darkness) .
72. All exterior exits /entrances shall be illuminated during the hours of darkness.
Effective 12/13/93
• Community Development Department • Planning Division •