Resolution No. 6823268
RESOLUTION NO. 6823
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT NO. 3177, FOR DEVELOPMENT/
OPERATION OF A 150,000 SQUARE FOOT AMAZON "LAST -MILE" DELIVERY
FACILITY AT 6400-6450 KATELLA AVENUE, IN THE CITY OF CYPRESS,
CALIFORNIA
WHEREAS, the City Council of the City of Cypress has considered an application
submitted by Duke Realty for Conditional Use Permit (CUP) No. 3177 to develop and
operate an Amazon "last -mile" delivery facility at 6400-6450 Katella Avenue, within the
Cypress Corporate Center Amended Specific Plan and in accordance with the provisions
of the Cypress Corporate Center Amended Specific Pian, and the Zoning Ordinance of
the City of Cypress; and
WHEREAS, in accordance with the California Environmental Quality Act (CEQA),
a Draft Environmental Impact Report (DEIR) was prepared for the proposed project and
released to the public on August 28, 2020, for 45 -day review period, comments received
have been reviewed and responded to in the Final Environmental Impact Report (FEIR)
released November 13, 2020. All required notifications were provided pursuant to CEQA
(Public Resources Code Section 21092.5) and all comment letters were incorporated into
the Final EIR. The City Council has certified the EIR and made all required CEQA findings
under separate resolution adopted concurrently herewith; and
WHEREAS, the subject site is zoned PC -2 (Planned Community) and located
within the Cypress Corporate Center Amended Specific Plan. Section III, 3. i - Uses
Permitted Subject to a CUP, of the Cypress Corporate Center Specific Plan states that
uses consistent with the intent of the Specific Plan can be approved subject to a
conditional use permit; and
WHEREAS, the City Council has reviewed the goals and objectives of the Specific
plan as laid out in the City Council staff report dated November 23, 2020, and finds that
the proposed last mile delivery facility is consistent with the intent of the Specific Plan.
WHEREAS, on November 23, 2020, the City Council held a duly noticed public
hearing and considered testimony on the application.
WHEREAS, the City Council finds that the applicant agrees with the necessity of and
accepts all elements, requirements, and conditions of this Resolution as being a
reasonable manner of preserving, protecting, providing for, and fostering the health,
safety, and welfare of the citizenry in general and the persons who work, visit or live in
this development in particular.
SECTION 1. Pursuant to the Cypress Zoning Ordinance Section 4.19.070 (Conditional
Use Permits), the City Council finds, after due study and deliberation that the following
circumstances exist:
1. The proposed location of the conditional use is consistent with the requirements of
the General Plan, the Zoning District in which the site is located, and the Cypress
Corporate Center Amended Specific Plan in which the site is located. A detailed
description of the Project's consistency with the above -referenced requirements is
set forth in the Project EIR in Chapter 3.0, including Tables 3.4.3 and 3.4.4, which
are incorporated by this reference.
2. The proposed location of the conditional uses and the conditions under which they
would be operated or maintained would not be detrimental to the public health,
safety, or general welfare, nor would be materially injurious to properties or
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improvements in the vicinity for the reasons stated in the Project EIR, and for the
following reasons:
a. The conditional use complies with all applicable provisions of the Cypress
Zoning Ordinance. The last -mile delivery facility, as proposed, is consistent with
the goals and policies of the City of Cypress General Plan and for the Specific
Plan land use designation in which it is located.
b. There is sufficient infrastructure and public services to accommodate the last -
mile delivery facility within the Project vicinity.
c. The architectural design of the Project is compatible with the surrounding
commercial developments and adheres to all requirements within the Cypress
Corporate Center Specific Plan.
3. As laid out in the project staff report dated November 23, 2020, the project
complies with all applicable provisions of the Cypress Zoning Ordinance and the
Cypress Corporate Center Specific Plan.
SECTION 2. The City Council of the City of Cypress hereby approves Conditional
Use Permit No. 3177 subject to the Conditions of Approval listed in Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cypress hereby approves Conditional Use Permit No. 3177. The decision of the City
Council is final and conclusive as to all things involved.
PASSED, APPROVED and ADOPTED by the City Council of the City of Cypress
as a regular meeting held on the 23rd day of November, 2020.
MAYOR OF TH CITY OF CYPRESS
ATTEST:
Q)
CITY LERK OF T E CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, ALISHA FARNELL, 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 23rd day of November, 2020, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Berry, Morales, Peat and Johnson
NOES: 1 COUNCIL MEMBERS: Yarc
ABSENT: 0 COUNCIL MEMBERS: NONE
CITY CLERK OF THBCITY OF CYPRESS
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EXHIBIT "A"
PROJECT TITLE: CUP NO. 3177 - AMAZON LAST MILE FACILITY
ADDRESS: 6400-6450 KATELLA AVENUE
CONDITIONS OF APPROVAL
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
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 seq. -
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 30 day cancellation notice to the City of Cypress. (City
Attorney)
1.4. 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)
1.5. The applicant shall obtain a Cypress business license prior to commencement of
the business operation. (Finance)
1.6. All applicable conditions of the project shall be complied with prior to occupancy
of the subject building. (Planning)
1.7. 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
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use permit. (Planning)
2.2. All business activity shall occur within the building except for the loading and
unloading of delivery vehicles which shall occur in the designated loading and
unloading areas as indicated on the approved plans. Temporary use permits may
be granted for outdoor activity in accordance with Section 19, of the Cypress
Zoning Ordinance. (Planning)
2.3. 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)
2.4. 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. (Planning)
2.5. 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. (Planning)
2.6. 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)
2.7. At least two weeks prior to the issuance of the certificate of occupancy, the
applicant shall meet with the project planner and members of the Building and
Engineering Divisions to ensure that all applicable conditions of approval have
been satisfied. (Planning)
2.8. The applicant shall comply with these noise abatement measures, in perpetuity,
throughout the entire operating life of the project, as follows:
2.8.1. All customer delivery dispatch activity (Flex/DSP) shall be limited to the
daytime hours from 7:00 AM to 10:00 PM with no customer delivery permitted
during the noise sensitive nighttime hours between 10:00 PM and 7:00 AM.
2.8.2. All main -line trucks, delivery vans, and flex -delivery vehicles, shall be
operated with properly operating and well-maintained mufflers.
2.8.3. When main -line truck loading docks are full, all delivery trucks shall remain in
the designated delivery truck queueing area north of Driveway 3 with their
engines turned -off until cleared to enter the loading dock areas to prevent
unnecessary idling and truck pass -by noise near the neighboring residential
homes.
2.8.4. Truck and van -loading areas within the project shall be posted with warning
signs, the final text of which shall be approved by the Community
Development Department, which convey the following messages:
• Main -line truck and van drivers shall turn off engines when not in use;
• Diesel trucks serving the project shall not idle for more than five (5)
minutes; and
• Remind employees to be quiet and avoid the use of horns, sound
systems, and other noise making devices; and
• Post telephone numbers of the building facilities manager to report
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violations; and
• Amazon shall provide a community service representative and annual
communication to residents within 300 ft detailing how to report noise
or other complaints to Amazon and the City.
2.8.5. Roof mounted equipment shall be screened by a parapet wall of equal or
greater height than the highest piece of roof mounted equipment or vent.
2.8.6. Maintain pavement conditions that are free of speed bumps on all driveways
to minimize delivery truck noise.
2.9. Developer shall submit both a lighting plan showing standard heights and light
materials and a photometric plan showing light levels on site and at the adjacent
property limits, for design review and approval of the Planning Director.
2.10. All exterior portions of the site, during the hours of darkness, shall be illuminated
with a minimum of one foot-candle of light. In order to minimize light and glare on
the project property and adjacent properties, all parking lot and exterior structure
light fixtures shall be high cut-off type that divert lighting downward onto the
property and shall not cast light on any adjacent property or roadway. Illumination
levels at the property lines shall not exceed .5 foot candles.
2.11. Project on-site lighting shall be of a type and in a location that does not constitute
a hazard to vehicular traffic, either on private property or on adjoining streets. To
prevent damage from vehicles, standards in parking areas shall be mounted on
reinforced concrete pedestals or otherwise protected. Developer shall recess or
conceal under -canopy lighting elements so as not to be directly visible from a
public street.
2.12. That all loading and unloading shall be performed directly into trucks parked at
approved loading docks or loading zone, and that all material and product
inventories shall be stored within the buildings. There shall be no exterior loading
or unloading of line -haul trucks.(Planning)
2.13. That the total number of loading docks identified on the site plan shall match the
total identified on the floor plans in the Building set of plans. (Planning)
2.14. That all trucks and shipping containers shall be stored within the designated truck
courts and limited to the approved loading bays. (Planning)
2.15. That no vending machines, publication racks, telephones, kiosks, donation bins
and similar items shall be permitted outside of the buildings. (Planning)
2.16. There shall be no fuel facilities or vehicle/van washing onsite. (Planning)
2.17. There shall be no off-site parking of passenger vehicles and vans associated with
the tenant occupying the building at any time. (Planning)
2.18. The project shall be permitted no more than 20 -line haul trucks per 24-hour period
commencing from 12 AM to 11:59 PM. During peak periods, this may increase to
a maximum of 40 line -haul trucks per 24-hour period.(Planning)
2.19. If the Project exceeds the permitted 40 line -haul truck trips per day and/or the
vehicular traffic (i.e. vans and passenger vehicles) exceed the net increase AM
Peak Hour (201 trips) and PM Peak Hour (340 trips) passenger vehicle and van
trips evaluated in the EIR traffic study, dated June 30, 2020, the applicant shall be
required to submit a revision to these conditions of approval for the Conditional
Use Permit and additional environmental analysis may be required pursuant to
CEQA Guidelines Section 15162. (Planning)
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2.20. There shall be no vehicle horn honking on the property. Signs shall be posted
throughout the site notifying all employees/drivers that vehicle horn honking is
prohibited. (Planning)
2.21. Amazon vans and flex vehicles shall be prohibited from traveling on local
residential streets unless a delivery is occurring within that residential
neighborhood. (Planning)
2.22. Amazon shall make good faith effort to include Cypress residents in its
candidate pool for employment opportunities.
2.23. Amazon employees and delivery service providers are prohibited from parking
in residentially zoned areas.
2.24. All delivery van parking shall be constructed with "EV Ready" charging
infrastructure capable of charging the entire delivery van fleet at the site.
2.25. Amazon shall transition to an all -electric delivery fleet in the most expeditious
manner possible and no later than December 31, 2025. Should circumstances
out of Amazon's control delay an all -electric delivery fleet, Amazon may apply
for an extension of up to five years subject to the review and approval of the
Community Development Department. An extension longer than five years shall
require City Council approval.
2.26. To mitigate road impacts, Amazon delivery service provider vehicles operating
from Cypress shall purchase delivery fleet fuel within the City of Cypress city
limits. Additionally, the project Developer shall provide a one-time lump sum
payment of $350,000 to the City at time of building permit issuance.
2.27. Amazon shall not provide delivery operations to other on-line shopping or
delivery companies.
2.28. Line haul trucks shall only load and unload on the north side of the building.
2.29. The site shall only operate at peak conditions 45 days per calendar year. The
applicant may request a Temporary Use Permit to operate at peak conditions
for an additional 15 days per calendar year subject to the review and approval
of the Community Development Department.
The developer shall give notice to all property owners within 300 feet prior to
any exterior demolition on the project site. The notice shall include the
approximate demolition schedule, the permitted hours of construction, and detail
how to report noise complaints to Amazon and the City. The notice shall be
subject to the review and approval of the Community Development Department.
2.30. Pursuant to the review and approval of the Community Development
Department, signs shall be posted at the Katella Avenue driveway stating
warehouse employee parking only and prohibiting flex and delivery service
providers from parking in the west parking lot.
2.31. Should there be any modification to onsite circulation, parking, or vehicular
access to the property, the driveway access at Katella Avenue shall be removed
and all access shall be exclusively via Holder Street.
3. Mitigation Measures
3.1. Prior to issuance of any grading or building permit associated with implementation
of the project, the applicant shall demonstrate compliance with the adopted
Mitigation Monitoring and Reporting Program (MMRP), to the satisfaction of the
Community Development Department.
3.2. A copy of the approved Conditions of Approval including Table 7.A Mitigation
Monitoring and Reporting Program from the approved EIR, shall be included in all
development plans submitted to the City.
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4. Architectural
4.1. Architectural elevations and site plans shall be reviewed and approved by the
Community Development Department prior to the issuance of building permits.
(Planning)
4.2. 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. (Planning)
4.3. Office buildings adjacent to residential areas shall not be allowed to construct
balconies. (Planning)
4.4. All roof mounted equipment, such as heating and air conditioning units, shall be
adequately screened from public view by a parapet wall of equal or greater height
than the highest piece of roof mounted equipment or vent. subject to the approval
of the Community Development Department. Developments which adjoin
residentially zoned areas shall construct noise bafflers and/or deflectors on all
mechanical equipment mounted outdoors to the satisfaction of the Community
Development Department. (Planning)
4.5. The transformer boxes and water valves shall be placed in locations acceptable
to the Director of Planning and shall be adequately screened from view with plant
materials. (Planning)
4.6. 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)
5. Signage
5.1. A comprehensive sign program for both building and freestanding monument
signs shall be submitted for Community Development Department approval prior
to the installation of any signs. 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. (Planning)
5.2. Subject to the approval of the Community Development Department, all signage
on the property must reflect the current tenant. The monument sign located on
Katella Ave. shall be refaced to reflect the current tenant's occupancy of the
site. (Planning)
5.3. The installation and method of sign illumination shall be reviewed and approved
by the Planning Division and the Building and Safety Division. The business owner
shall take the appropriate measures to ensure that the illumination of the sign shall
not create glare for vehicular traffic. All electrical conduits, timer devices, and other
electrical equipment shall be buried underground or concealed within the sign.
(Planning) (Building and Safety)
6. Landscaping
6.1. The site, including all parking areas, shall be landscaped in compliance with the
Cypress Municipal Code total landscape area and landscape requirements for
parking areas.
6.2. The Stanton Storm Channel setback buffer shall be landscaped per the Cypress
Corporate Center Specific Plan and maintained per the Plan as long as this
conditional use permit remains in effect.
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6.3. A detailed landscape and automatic irrigation plan shall be submitted to the
Planning Division for review and approval at least 60 days prior to issuance of a
certificate of occupancy. In addition, a bond shall be posted with Public Works to
guarantee against defects in plant materials and workmanship for a period of one
year from acceptance of the landscape installation. All required landscaping shall
be permanently maintained in a neat and orderly condition. (Planning) (Public
Works)
6.4. All new or revised landscape areas 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 new or revised irrigation
shall be provided by a drip or microspray system. (Planning) (City's Drought
Response Management Plan)
6.5. The applicant shall plant 25% more trees on-site than required by the Municipal
Code and Specific Plan. The trees shall be generally dispersed and subject to the
approval of the Community Development Department.
6.6. Unless otherwise specified, all required trees shall be a minimum 15 -gallon in size
and of a variety approved by the Director of Planning. (Planning)
6.7. Landscape irrigation pipes and sprinkler heads shall be maintained in good
working order so as to cover all landscaped areas. (Planning)
7. Operational
7.1. The access door to the business premises facing the residential neighborhood to
the south shall remain closed during all hours of business operation. Said door
shall be designated and used for emergency exit purposes only. (Planning)
7.2. Outside public address speakers, telephone bells, buzzers, and similar devices,
which are audible on adjoining properties, are prohibited. (Planning)
7.3. If complaints are received regarding business hours of operation, noise,
property/building maintenance, or vehicles not adhering to the approved parking,
traffic and circulation plans, and relevant mitigation measures, the City, in its
discretion, may have the City Council review the conditional use permit to, without
limitation, revise the business hours, add conditions, or revoke the permit. When
a complaint is received, Amazon will engage with the City, to determine if the
complaint is verified. Three unique verified complaints within 30 days or 10 unique
verified complaints in a 12 -month period shall indicate the use is creating an
adverse impact upon neighboring properties. (Planning)
7.4. The existing 180,000 square foot office building shall be vacated, and the building
shall remain empty as part of this conditional use permit. The Certificate of
Occupancy will be revoked and the building shall remain in place solely for
aesthetic purposes to screen the project site from views along Katella Avenue. A
covenant, prepared by the City Attorney, shall be recorded against the property
prohibiting the occupancy of the building. Any purposed changes to the office
building use will need to return to the City Council for a modification of this
conditional use permit. Prior to issuance of any grading or building permits, the
applicant shall provide proof of recordation of the covenant. (Planning)
7.5. The existing 180,000 square foot office building shall be maintained in a manner
consistent with the Cypress Corporate Center Amended Specific Plan, the City of
Cypress Municipal Code, and these conditions of approval. (Planning)
8. Property Maintenance
8.1. Continuous Maintenance. The Project property owner shall continually maintain
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the property so that it is visually attractive and not dangerous to the health, safety
and general welfare of both on-site users (e.g. employees) and surrounding
properties. The property owner shall ensure that all facets of the development are
regularly inspected, maintained and that any defects are timely repaired. Among
the elements to be maintained, include but are not limited to:
a. Annual maintenance and repair. The developer shall conduct inspections for
any structures, fencing/walls, driveways, and signs to assure proper
structural, electrical, and mechanical safety.
c. Landscaping. The developer shall maintain landscaping in a continual healthy
thriving manner at proper height for required screening.
d. Dust control. The developer shall maintain dust control measures onany
undeveloped areas where landscaping has not been provided.
e. Erosion control. The developer shall maintain erosion control measures to
reduce water runoff, siltation, and promote slope stability.
g. Screening. The developer shall maintain screening that is visually attractive.
All trash areas, loading areas, mechanical equipment (including roof top) shall
be screened from public view.
h. Signage. The developer shall maintain all on-site signs, including posted area
signs (e.g. "No Trespassing") in a clean readable condition at all times. The
developer shall remove all graffiti and repair vandalism on a regular basis.
Signs on the site shall be of the size and general location as shown on the
approved site plan or subsequently a City -approved sign plan.
i. Lighting. The developer shall maintain any lighting so that they operate
properly for safety purposes and do not project onto adjoining properties or
roadways. Lighting shall adhere to applicable glare and night light rules.
j. Parking and on-site circulation. The developer shall maintain all parking and
on-site circulation requirements, including surfaces, all markings and
traffic/directional signs in an un -faded condition as identified on the approved
site plan.
k. Any modification to parking and access layout requires Planning Division
review and approval. Markings and signs shall be clearly defined, un -faded
and legible; these include parking spaces, disabled parking and path of travel,
directional signs, pedestrian crossing, speed humps and "No Parking",
"Carpool", and "Fire Lane" designations. (Planning)
8.2. The property owner shall maintain the site, the publicly accessible interior, and
publicly viewable exterior of the building(s) clear of all graffiti, including but not
limited to bathrooms and dining areas if applicable. All graffiti shall be removed
within 48 hours once notified in writing by the City. (Planning)
8.3. Right of access to remove graffiti. Developer shall grant, the right of entry over and
access to the site, upon forty-eight (48) hours posting of notice, by authorized city
employees or agents, to the city for the purpose of removing or "painting over"
graffiti from graffiti attracting surfaces previously designated by the public works
director/city engineer, and the right to remove such graffiti, at the owners expense.
(Planning) (Public Works Director/City Engineer)
9. Fees
9.1. As applicable, the applicant shall pay the following fees per the adopted Master
Fee resolution, as noted below. (Engineering)
• Park and Recreation (Prior to issuance of Building Permit)
• Drainage Fee for Master Drainage Plan (Prior to issuance of Building
Permit)
• City-wide Traffic Improvement (Prior to issuance of Building Permit)
• Regional Traffic Improvement (Prior to issuance of Building Permit)
• Final Subdivision Map Check (Prior to submittal of Map)
• Sanitary Sewer Connection (Prior to issuance of Building Permit)
• Grading / On -Site (Non -Structural) Plan Check (Prior to submittal of
Grading Plans)
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• 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)
Within 48 hours of the approval of this project, the applicant/developer shall deliver
to the Community Development Department the required Fish and Game impact
fee in the form of a check payable to the County Clerk -Recorder in the amount
of $ $3,393.25 (this fee includes the $50.00 County administrative fee), to enable
the City to file the Notice of Determination pursuant to Fish and Game Code
§711.4 and California Code of Regulations, Title 14, section 753.5. (Planning)
10. Engineering
10.1. 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)
10.2. Prior submittal of building plans, unless otherwise authorized in writing from the
City Engineer, 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 and a
digital format acceptable to the City Engineer. (Engineering)
10.3. Prior to any street construction or relocation, when there are monuments in the
project area which control the location of subdivisions, streets or highways, or
provide survey control, the developer shall locate and reference the monuments
and shall reset them after construction as required by Section 8771 of the
Business and Professions Code, in a manner meeting the approval of the City
Engineer. (Engineering)
11. Landscaping within the Public Right -of -Way
11.1. Prior to or with the submittal of building plans, the applicant shall submit a
landscaping and irrigation plan including any landscaping within the public right-
of-way to the Planning Division for approval with a copy to the Maintenance
Superintendent. The subject landscaping and irrigation plans shall be designed
to be in conformance with the City's water efficient landscape ordinance.
(Engineering, Maintenance)
11.2. The applicant shall post a bond to guarantee against any defects in plant materials
and workmanship. A soils report for all planting areas, prepared by a qualified
agricultural laboratory, shall be submitted to Public Works for approval at least 30
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days prior to planting date. Test results shall include concentration of nitrogen,
phosphorus, potassium, ph, salinity, sodium status, and boron saturation extract.
Drought tolerant landscape is encouraged and the landscaping will be irrigated
from the private property meter. (Engineering, Maintenance)
11.3. Prior to issuance of certificate of occupancy, the applicant shall install all street
landscaping and irrigation per the approved landscaping and irrigation plan.
(Engineering, Maintenance)
11.4. The applicant or his successor in interest shall maintain the landscaping planted
in the public right-of-way located along the frontage of their property in a healthy
condition. (Engineering, Maintenance)
12. Sewer and Wastewater
12.1. The developer shall examine the existing lateral and provide proof that the
capacity of the lateral is sufficient for intended use. If the existing lateral is not
useable or does not have sufficient capacity, the developer shall construct a
new public sewer lateral with a publicly owned cleanout/manhole in the public
right-of-way at a location approved by the City Engineer. (Engineering)
12.2. Prior to submittal of the building plans, the applicant shall submit a sewer plan
signed and stamped by a registered civil engineer, detailing all the proposed public
and/or private sewer lines meeting the requirements of the City Design Standards
for Sewer Facilities. (Engineering)
12.3. All sewer lines within the development shall be private sewer lines and shall be
maintained and cleaned by the developer, or successor in interest. The City of
Cypress shall have no responsibility for maintenance of the private sewer lines.
(Engineering)
12.4. If the facility contains a qualifying food service establishment/cafeteria, prior to
issuance of certificate of occupancy, the applicant, as required by Ordinance No.
1065 for Food Service Establishments, shall install a grease control device that
meets the requirements of Uniform Plumbing Code Section 1014.0 (Appendix H)
and conforms to the minimum requirements as specified in City of Cypress
Standard Plan No. 299, Sand/Oil Separator & Grease Interceptor with Sample
Box. (Water Quality)
12.5. Prior to certificate of occupancy, the applicant shall demonstrate that the business
owner has properly trained their employees on the proper disposal of fats, oil, and
grease best management practices. (Water Quality)
13. Street Trees
13.1. NA
14. Street Lighting
14.1. NA
15. Streets
15.1 Prior to issuance of a certificate of occupancy, the applicant shall replace any
deficient sidewalk or driveway approaches or cause to fix any other frontage
improvement located in the public right-of-way that do not meet the requirements
of the Americans with Disabilities Act (ADA) and State of California Title 24. The
applicant shall submit a plan for any improvement prior to issuance of building
permits, in consultation with or as required by the City Engineer, and obtain a
Public Works permit prior to any work within the public right-of-way. The applicant
shall grant an easement to the City for pedestrian purposes for any improvement
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such as driveway approaches for compliance with ADA requirements.
(Engineering)
15.2. Prior to issuance of a certificate of occupancy, the applicant shall remove' and
replace any existing public improvements at the development site which have
existing damage, are damaged due to construction, or otherwise below current
standards, to the satisfaction of the City Engineer. (Engineering)
16. Subdivisions
16.1. NA
17. Traffic
17.1. The access driveways to the development shall be designed in such a manner
that there is minimal impact on the vehicle's tires upon ingress and egress to
the satisfaction of the City Engineer. (Engineering)
17.2. The quantity, location, width, and type of public access driveways shall be
subject to the approval of the Traffic Engineer and the City Engineer. Prior to
construction of any driveway approach upon public street right-of-way, the
applicant shall submit approved design plans and obtain a public works permit.
(Engineering)
17.3. The developer shall design and construct the two most northern full access
project driveways on the west side of Holder Street such that they are in
alignment with existing driveways located on the eastside of the roadway.
(Engineering)
17.4. The project driveway on Katella Avenue is to have right -in and right -out access
only and the on-site circulation and security measures be configured such that
vehicles awaiting entry are not anticipated to queue over the sidewalk or into
the street. Furthermore, the onsite circulation shall be configured so that
vehicles entering the Katella Avenue driveway and denied entry to parking
facilities will not be required to drive backward on to Katella Avenue to exit the
site. The Katella Avenue driveway is for employee parking and access only.
Signage shall be installed at the driveway prohibiting van and truck access
subject to the review and approval of the Community Development Department.
(Engineering)
17.5. The developer shall install and maintain, to the satisfaction of the Traffic
Engineer, on-site traffic controls for the new driveway on Katella Avenue
requiring all exiting vehicles to stop before entering the public right-of-way and
requiring all vehicles entering the roadway to turn right to head eastbound on
Katella Avenue. (Engineering)
17.6. The developer shall design and construct to widen Katella Avenue, to the
satisfaction of the City Engineer, to provide for a consistent roadway width
between the western edge of the driveway of the adjacent commercial property
to the west across the frontage of the property to Holder Street. (Engineering)
17.7. The developer shall submit and obtain Traffic Engineer approval of a signing
and striping plan consistent with all City and CAMUTCD standards,
specifications, and provisions for all traffic control modifications in the public
right-of-way along Katella Avenue and Holder Street before any roadway or
driveway construction within the public right-of-way commences. (Engineering)
17.8. Prior to the issuance of any grading permits, the applicant shall demonstrate
that adequate sight distance per Engineering Standard Plan 204 and 205 is
provided at all street intersections, driveways, and parkways, in a manner
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meeting the approval of the City Engineer. The applicant shall make all
necessary revisions to the plan to meet minimum sight distance requirements
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) (Planning) (Sight Distance)
17.9. Prior to any work being conducted within the right-of-way along Katella Avenue
and/or Holder Street, the developer shall submit a traffic control plan consistent
with the requirements, specifications, and provisions as outlined in the latest
version of the CAMUTCD, to the Traffic Engineer for review and approval.
(Engineering)
17.10. All loading, unloading, restaging of delivery vans and/or other equipment/
vehicles used in the conduct of package handling and distribution is to occur on
site and not on the public right-of-way. The public right-of-way is not to be used
as a part of the onsite vehicle circulation system or staging program and thus
delivery vans and/or other motorized vehicles and/or equipment are not to exit
one project driveway to immediately enter another project driveway.
(Engineering)
17.11. All package delivery drivers are required to attend periodic training that provides
a focused emphasis on the importance of traffic safety, driving defensively,
stopping/parking legally while dropping off packages, truck routes and
adherence to posted speed limits. (Engineering)
17.12. If speeding (including unsafe speed, and violations of the prima facie speed or
signposted speed limits) becomes an issue, as determined by the Police Chief,
from traffic originating to and from on site, the developer, or successor in
interest, shall install four combination speed limit and dynamic radar speed
feedback signs on streetlight poles within the public right-of-way to remind
delivery drivers of posted speed limits and their travel speed. The type, design,
size, and method of connection to power for the four combination sign
installations will be at the discretion of the Traffic Engineer but will be identified
to the applicant no later than 18 months after the issuance of the certificate of
occupancy. (Engineering)
17.13. All traffic exiting or entering the site on Holder Street shall only access from
Katella Avenue. (Engineering)
17.14. Amazon employees and delivery service providers are prohibited from parking
in residentially zoned areas.
18. Utilities
18.1. Attention is directed that trenching and backfill in streets shall be per City of
Cypress Standard Plan No. 109. Arterials shall be crossed by boring only. In
public streets, lateral open cuts spaced within 20 feet of each other shall be
covered with a one -inch continuous asphalt concrete cap. (Engineering)
19. Drainage
19.1. Prior to issuance of grading permits, 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)
19.2. The applicant shall ensure the following requirements are met:
• 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.
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• Submittal of a Preliminary Grading Plan if deemed necessary by the City
Engineer.
• 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 0.2%.
• 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.
• Submittal of a drainage study, when determined necessary by the City
Engineer, evidencing that proposed drainage patterns will not overload
existing storm drains.
• Submittal of drainage studies, when determined necessary by the City
Engineer, indicating how the project grading, in conjunction with the
drainage conveyance systems including applicable swales, channels,
street flows, catch basins, storm drains, and flood water retarding, will
allow building pads to be safe from inundation from rainfall runoff which
may be expected from all storms up to and including the theoretical 100 -
year flood. (Engineering)
19.3. Prior to the issuance of any grading permit, and if determined necessary by the
City Engineer, the applicant shall record a letter of consent from the affected
property owners permitting offsite grading, cross lot drainage, drainage diversions
and/or unnatural concentrations. The applicant shall obtain approval of the form of
the letter of consent from the City Engineer before recordation of the letter.
(Engineering)
19.4. Prior to the issuance of any grading permit, and if determined necessary by the
City Engineer, the applicant shall record a letter of consent, from the upstream
and/or downstream property owners permitting drainage diversions and/or
unnatural concentrations. The form of the letter of consent shall be approved by
the City Engineer prior to recordation of the letter. (Engineering)
19.5. Prior to the approval of final inspection, the applicant shall construct all required
drainage improvements, or provide evidence of financial security (such as
bonding), in a manner meeting the approval of the City Engineer, and inspection
and dedication of the associated easements to the City of Cypress, if determined
necessary. If a bond is provided, the applicant shall construct all drainage
improvements prior to certificate of occupancy. (Engineering)
19.6. If the applicant proposes that the City operate and maintain a critical facility, such
as a new City owned and operated storm water or sewer pump station, as part of
the development and the City concurs, the applicant shall deposit an amount, as
determined by the City Engineer, to cover the design of the facility for which the
City will use to hire a design consultant and manage the design process.
(Engineering)
Storm Water Quality — National Pollutant Discharge Elimination System
19.7. Prior to the submittal of building permits, unless authorized in writing by the City
Engineer otherwise, 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
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format acceptable to the City Engineer. (Engineering, Water Quality) (Submittal
of WQMP)
19.8. For projects greater than one acre, prior to the issuance of any grading or
building permits, the applicant shall demonstrate compliance with California's
General Permit for Storm Water Discharges Associated with Construction
Activity by providing a copy of the Notice of Intent (NOI) submitted to the State
Water Resources Control Board and a copy of the subsequent notification of the
issuance of a Waste Discharge Identification (WDID) Number; or other proof of
filing in a manner meeting the satisfaction of the City Engineer. Projects subject
to this requirement shall prepare and implement a Storm Water Pollution
Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the
project site and be available for City review on request. The applicant shall
ensure that the SWPPP is consistent with any City approved plan including the
grading plan, site plan, building plans, and water quality management plan.
(Engineering, Water Quality) (Storm Water Pollution Prevention Plan)
19.9. 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
Director of Community Development to the WQMP. The aforementioned
documents are available for download at 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) (General Storm Water Quality)
19.10. 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) (Post Project
Clean Up)
19.11. 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
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(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) (Water Quality
Management Plan)
19.12. 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:
• 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)
(NPDES/WQMP Compliance Measures)
19.13. 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
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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) (Erosion and Sediment Control Plan)
19.14. 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) (Commercial/Industrial Facilities)
20. Building and Safety
20.1 Grading, demolition, and exterior building construction activities shall be limited to
the hours of between 7:00 AM and 8:00 PM Monday through Friday, between 9:00
AM and 8:00 PM on Saturday. Interior building construction and tenant
improvements shall be limited to the hours between 7:00 AM and 8:00 PM Monday
through Saturday. If complaints are received regarding noise from grading
or demolition, further restrictions may be imposed on the start time of
construction by the Building Official, up to a 9:00 AM start time. 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)
20.2. Construction bins for non -recyclable and recyclable materials generated from any
construction site (residential and non-residential) must be placed "on site" out of
the public right-of-way unless a permit is obtained. (Building & Safety)
20.3. A pre -grading SWPPP's inspection is required prior to grading permit issuance.
All required grading stormwater BMPs shall be installed and inspected by the
building division prior to release of the grading permit. (Building & Safety)
20.4. Prior to the issuance of a building permit, a security deposit of $1.00 per square
foot of building area with a minimum of $1,000 and maximum of $50,000, shall
be provided to the City to guarantee completion of the required construction and
demolition waste management plan and reporting. The security deposit shall
be held by the City until a final waste diversion report has been completed and
approved. Failure to comply with the diversion requirements set forth in the
California Building and Cypress Municipal Codes will result in forfeiture of the
security deposit. Additional penalties and/or legal action may be taken in the
event of improper disposal of construction and demolition waste or violation of
the City's construction and demolition Ordinance. (Building & Safety)
21. Solid Waste
26.1 The applicant shall subscribe to solid waste services from the City's disposal
services contractor with no less than one time per week service for trash,
recycling, and organics recycling (commercial organics recycling is required for
all generators of two or more cubic yards per week of solid waste, recyclables,
and organics) and require employees implement source separated recycling
practices. Sufficient trash, recycling, and organics recycling receptacles shall
be placed outside to collect solid waste generated by its operation/patrons. No
less than one receptacle per solid waste category shall be provided. These shall
be properly maintained and not allowed to overflow. (Engineering, Water
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Quality) (Trash Receptacles)
26.2. The applicant shall construct new or modify its existing trash enclosure structure
to house all required solid waste containers and 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) (Trash Enclosures)
22. Security
22.1. The property address shall be clearly identified on both sides of the freestanding
sign base. A minimum of six-inch lettering shall be used for the property
address. The property address shall also be posted in a visible location on the
building. (Police Department.)
22.2. The address number of every commercial building shall be illuminated during
the hours of darkness so that it shall be easily visible from the street. (Police
Department)
22.3. All exterior commercial doors, during the hours of darkness, shall be illuminated
with a minimum of one footcandle of light. All exterior bulbs shall be protected
by weather and vandalism resistant cover(s). (Police Department)
22.4. The landscaping and lighting plans for the project shall also be subject to review
by the Cypress Police Department. (Police Department)
22.5. The applicant will provide a Crime Prevention through Environmental Design
study for approval by the planning and police departments. (Police Department)
23. Fire
23.1. The applicant or responsible party shall submit the plan(s) listed below to the
Orange County Fire Authority for review. Approval shall be obtained on each
plan prior to the event specified. Specific submittal requirements may vary from
these listed below.
Prior to issuance of a building permit, if a grading permit is not required:
• Fire master plan (service code PR145)
Prior to issuance of a building permit:
• Architectural (service codes PR200/PR224)
• Tanks storing hazardous materials (service codes PR300-PR305)
• Hazardous materials compliance and chemical classification (service
codes PR315-PR328)
• High -piled storage (service code PR330)
• Battery (service code PR375), for any system containing an
aggregate quantity of electrolyte in excess of 50 gallons
• Underground piping for private hydrants and fire sprinkler systems
(service code PR470-PR475)
• Fire sprinkler system (service codes PR400-PR465)
Prior to concealing interior construction:
• Fire alarm system (service code PR500-PR520). (Fire Authority)
Effective: November 23, 2020
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SECTIONS
1. General
2. Planning
3. Mitigation Measures
4. Architectural
5. Signage
6. Landscaping
7. Operational
8. Property Maintenance
9. Fees
10. Engineering
11. Landscaping in the Public Right -of -Way
12. Sewer and Wastewater
13. Street Trees
14. Street Lighting
15. Streets
16. Subdivisions
17. Traffic
18. Utilities
19. Drainage
20. Storm Water Quality
21. Building & Safety
22. Security
23. Fire
24. Solid Waste
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