Resolution No. 4475 314
RESOLUTION NO. 4475
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 95-2 WITH
CONDITIONS AND RESCINDING APPROVAL OF DESIGN REVIEW COMMITTEE
NO. 95-2.
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 amend Conditional
Use Permit No. 95-2 for the consolidation of two (2) buildings consisting of one
office/warehouse building containing 25,900 square feet previously approved under Design
Review Committee No. 95-2, and a second office/warehouse/distribution building containing
96,000 square feet previously approved under Conditional Use Permit No. 95-2 into one building
containing 121,900 square feet on the property located at 11130 Warland Drive, within the PC-4
Planned Community Business Park Zone. The project proponent is the Cypress Land Company
P.O. Box 93123, Long Beach, California 90809.
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 and Specific Plan area
in which the site is located in that the PC-4 Zone and Warland/Cypress Business Center
Specific Plan area is intended to:
(1) Implement the Cypress General Plan with respect to improving the
physical characteristics of the area.
(2) Allow for a well designed business park, which can respond to
changing future market conditions.
(3) Provide for a physical mix of land uses, including commercial,
within the project area.
(4) Establish a development program through which a quality business
environment may be realized, to further provide a range of employment
opportunities, and to implement a variety of commercial, office, and
industrial land uses.
(5) Realize land uses which are compatible with surrounding uses and
which take advantage of site characteristics.
(6) Provide design standards to assure a well designed, aesthetically
pleasing environment which will result from future development within the
Warland/Cypress Business Center.
b. The proposed project is consistent with the goals, policies, and objectives
of the City of Cypress General Plan Update (1993).
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c. 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/wholesale distribution
facility is consistent with the applicable development standards and design
guidelines set forth in the Warland/Cypress Business Center Specific
Plan.
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(2) The proposed office/warehouse/wholesale distribution
facility is compatible with surrounding business park and residential
development.
(3) Sufficient access and parking for the project will be
provided on the site.
4. The proposed use is a conditionally permitted use on the site pursuant to
the Zoning Ordinance, specifically including the PC-4 Planned Community Business Park Zone.
5. The proposed project will comply with each of the applicable provisions
of the Zoning Ordinance, specifically including the PC-4 Planned Community Business Park
Zone.
6. On November 26, 1984 the City Council certified the Warland/Cypress
Business Center Environmental Impact Report in conjunction with the adoption of the
Warland/Cypress Business Center Specific Plan. The Warland/Cypress Business Center
Environmental Impact Report analyzed all potential impacts of development o f t h e
Warland/Cypress Business Center including cumulative impacts, at the full buildout levels
permitted by the Specific Plan. The EIR recommended a variety of mitigation measures which
were adopted by the City Council in conjunction with its adoption of the Specific Plan.
7. On February 8, 1993, the City certified the Cypress General Plan Update
EIR in conjunction with the adoption of the City's 1993 General Plan Update. The Cypress
General Plan Update EIR analyzed the impacts of development of business park uses, including,
but not limited to, land use, noise, air quality, transportation/circulation, and cumulative
impacts, at the full buildout levels permitted by the General Plan. The EIR recommended a
variety of mitigation measures which were adopted by the City Council in conjunction with its
adoption of the General Plan Update.
8. In compliance with the California Environmental Quality Act, an initial
study was prepared in conjunction with the applications submitted by Cypress Land Company
for approval of Conditional Use Permit 95-2 and Design Review Committee 95-2, entitled the
"Diamond Sports Distribution Facility and Spec Building B Initial Study". The Diamond Sports
Distribution Facility and Spec Building B Initial Study considered, and incorporated by reference
the analysis contained in the Warland/Cypress Business Center EIR and the Cypress General
Plan Update EIR. The Diamond Sports Distribution Facility and Spec Building B Initial Study
concluded that:
(a) Even with development of the proposed project and all existing and
approved development, the level of development in the Warland/Cypress
Business Center was far below the full build out levels of development
analyzed in the Warland/Cypress Business Center EIR and the Cypress
General Plan Update EIR.
(b) The impacts of the proposed project, including the cumulative
impacts, were less than those analyzed in the Warland/Cypress Business
Center EIR and the Cypress General Plan Update EIR.
(c) With incorporation of the mitigation measures recommended in the
initial study, including the applicable mitigation measures adopted in
conjunction with the approval of the Warland/Cypress Business Center
Specific Plan, and the 1993 General Plan Update, the project would not
have significant impacts on the environment.
9. In conjunction with the approval of Conditional Use Permit 95-2 and
Design Review Committee 95-2, the City adopted a mitigated negative declaration, and adopted
all of the mitigation measures recommended by The Diamond Sports Distribution Facility and
Spec Building B Initial Study.
10. Subsequent to the filing of the application for the amendment to
Conditional Use Permit 95-2, the City conducted an environmental analysis to determine whether
the proposed amended project might have any environmental impacts not considered in the
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Diamond Sports Distribution Facility and Spec Building B Initial Study. This analysis concluded
that:
(a) The proposed amended project would have no additional impacts
not analyzed in the Diamond Sports Distribution Facility and Spec
Building B Initial Study, and no additional mitigation measures were
necessary;
(b) The number of daily vehicle trips generated by the proposed
amended project would be less than that generated by the project approved
pursuant to Conditional Use Permit 95-2 and Design Review Committee
95-2, thus reducing any traffic related impacts and any automobile
emission related air quality impacts;
(c) The noise generated by the proposed amended project would be no
greater than, and would likely be less than that generated by the project
approved pursuant to Conditional Use Permit 95-2 and Design Review
Committee 95-2;
(d) Since the impacts of the proposed amended project would be no
greater than, and in some areas less than, those analyzed in the Diamond
Sports Distribution Facility and Spec Building B Initial Study no further
environmental review was necessary for the proposed amended project;
(e) With incorporation of the mitigation measures recommended in the
initial study, including the applicable mitigation measures adopted in
conjunction with the approval of the Warland/Cypress Business Center
Specific Plan, and the 1993 General Plan Update, the proposed amended
project would not have significant impacts on the environment, and
recommended the adoption of a mitigated negative declaration for the
proposed amended project.
11. Based on the analysis in the Diamond Sports Distribution Facility and Spec
Building B Initial Study, and the environmental analysis prepared for the amended project, the
City Council finds that:
(a) Even with development of the proposed amended project and all
existing and approved development, the level of development in the
Warland/Cypress Business Center is far below the full build out levels of
development analyzed in the Warland/Cypress Business Center EIR and
the Cypress General Plan Update EIR;
(b) The impacts of the proposed amended project, including the
cumulative impacts are less than those analyzed in the Warland/Cypress
Business Center EIR and the Cypress General Plan Update EIR and no
additional mitigation measures beyond those recommended in the Diamond
Sports Distribution Facility and Spec Building B Initial Study are
necessary;
(c) The proposed amended project will have no additional impacts not
analyzed in the Diamond Sports Distribution Facility and Spec Building
B Initial Study;
(d) The number of daily vehicle trips generated by the proposed
amended project will be less than that generated by the project approved
pursuant to Conditional Use Permit 95-2 and Design Review Committee
95-2, thus reducing any traffic related impacts and any automobile
emission related air quality impacts;
(e) The noise generated by the proposed amended project will be no
greater than, and will likely be less than that generated by the project
approved pursuant to Conditional Use Permit 95-2 and Design Review
Committee 95-2;
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(f) Since the impacts of the proposed amended project will be no
greater than, and in some areas less than those analyzed in the Diamond
Sports Distribution Facility and Spec Building B Initial Study, no further
environmental review was necessary for the proposed amended project;
(g) With incorporation of the mitigation measures recommended in the
Diamond Sports Distribution Facility and Spec Building B Initial Study,
including the applicable mitigation measures adopted in conjunction with
the approval of the Warland/Cypress Business Center Specific Plan, and
the 1993 General Plan Update, the proposed amended project will not
have significant impacts on the environment.
12. The zoning designation for the site and the Warland/Cypress Business
Center Specific Plan permits the density of development on the site which would be permitted
by Conditional Use Permit 95-2 as amended. The Diamond Sports Distribution Facility and
Spec Building B Initial Study and the environmental analysis prepared for the amended project
reveal that there are no significant impacts upon the environment peculiar to the site or the
amended project which were not addressed as significant impacts in the Warland/Cypress
Business Center EIR or which substantial new information shows would be more significant than
described in the Warland/Cypress Business Center EIR.
13. The amended project is consistent with the City of Cypress General Plan.
The Diamond Sports Distribution Facility and Spec Building B Initial Study, and the
environmental analysis prepared for the amended project reveal that there are no significant
impacts upon the environment peculiar to the site or the amended project which were not
addressed as significant impacts in the Cypress General Plan Update EIR, or which substantial
new information shows would be more significant than described in the Cypress General Plan
Update EIR.
14. The amended project is within the scope of the Warland/Cypress Business
Center Specific Plan and the Cypress General Plan Update, the environmental impacts of which
were examined in the Warland/Cypress Business Center EIR and the Cypress General Plan
Update EIR.
15. The Diamond Sports Distribution Facility and Spec Building B Initial Study
and the environmental analysis prepared for the amended project, show that the amended project
will not result in any significant impacts on the environment which were not examined in the
Warland/Cypress Business Center EIR and the Cypress General Plan Update EIR.
16. A subsequent environmental impact report is not required pursuant to
Public Resources Code §21166 in that:
(a) The amended project is consistent with the policies, goals and
regulations of the Warland/Cypress Business Center Specific Plan and the
Cypress General Plan Update, the environmental impacts of which were
examined in the Warland/Cypress Business Center EIR and the Cypress
General Plan Update EIR;
(b) Since the certification of the Warland/Cypress Business Center EIR
and the Cypress General Plan Update EIR no substantial changes in
circumstances in the project area have occurred; and
(c) No new information has become available since the certification of
the Warland/Cypress Business Center EIR and the Cypress General Plan
Update EIR which would require any important change in the analysis in
those EIRs.
17. In conjunction with the adoption of this resolution, the City Council is adopting
the conditions and mitigation measures attached hereto as Exhibit "A", which will avoid all
potential impacts of the amended project or mitigate them to levels of insignificance.
18. Prior to taking action on this resolution, the City Council reviewed and considered
the Warland/Cypress Business Center EIR, the Cypress General Plan Update EIR, the Diamond
Sports Distribution Facility and Spec Building B Initial Study, the environmental analysis
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prepared for the amended project, and mitigated negative declaration prepared for the amended
project.
19. The mitigated negative declaration adopted for the amended project reflects the
independent judgment of the City Council.
20. Considering the record as a whole, there is no evidence that the proposed project
will have the potential for an adverse effect on wildlife resources on the habitat on which
wildlife depends. Any presumption of an adverse effect on wildlife resources or habitat has been
rebutted through the substantial evidence in the record.
NOW, THEREFORE, BE IT FURTHER RESOLVED that:
1. The City Council of the City of Cypress does hereby approve the Amendment to
Conditional Use Permit 95-2, subject to the Conditions of Approval and mitigation
measures attached hereto as Exhibit "A";
2. The City Council of the City of Cypress does hereby adopt the mitigated negative
declaration and the mitigation monitoring program for the Amendment to Conditional
Use Permit 95-2 and directs the Planning Staff to file a Notice of Determination with the
County Clerk in accordance therewith;
3. The Planning staff is further directed to complete a Certificate of Fee Exemption
regarding Department of Fish and Game Fees and to file two copies of the Certificate of
Fee Exemption with the County Clerk along with the Notice of Determination;
4. The City Council of the City of Cypress does hereby rescind approval of Design
Review Committee 95-2.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 24th day of April , 1995.
AYOR OF THE CITY OF PRESS
ATTEST:
CIT CL2r,/(74
OF THE C4TY 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 24th day of April , 1995, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, Jones, Kerry
and Age
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
47)1.("44'
CITY CLERK OF TH CITY OF CYPRESS
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EXHIBIT "A"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 95-2
CONDITIONS OF APPROVAL
*DENOTES MITIGATION MEASURE
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. The developer shall provide adequate "No Parking" controls within the development and
appropriate "No Parking - Fire Lane" signs shall be installed along Warland Drive per
California Vehicle Code #22658, to the satisfaction of the City Engineer, and County
Fire Marshal. The developer of this project shall provide adequate speed control within
the development to the satisfaction of the City Engineer. Onsite traffic circulation shall
be subject to the approval of the City Engineer.
4. Wheelchair and handicapped access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Building Department and Public
Works Department standards.
5. 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.
6. Warland Drive shall be dedicated and fully improved with curb, gutter, sidewalk,
driveway, paving, etc., in accordance with the City's Code requirement of streets.
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Exhibit "A" Page 2
Amendment to Conditional Use Permit No. 95-2
Conditions of Approval
7. 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. •..r+�
8. 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.
9. In response to the recommendations indicated in the traffic report and as required by the
City Traffic Engineer, a traffic signal shall be designed and installed at the intersection
of Warland Drive and Valley View Street if justified by warrants six (6) months after the
issuance of a Certificate of Occupancy. All costs for design, engineering and
construction shall be the responsibility of the developer.
10. Transportation Systems Management (TSM) measures shall be encouraged for all
developments in the City. The developer shall participate in the TSM plan adopted by
the City. The developer shall participate in these programs on an equivalent basis with
all other City designated participants.
11. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer
laterals shall be plugged at the property line.
12. 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 911 and Resolution 4348).
• Regional Traffic Improvement Fee (Per Resolution No. 4400).
• Community Development Department • Planning Division ■
Exhibit "A" Page 3
Amendment to Conditional Use Permit No. 95-2
Conditions of Approval
• Sanitary Sewer Connection Fee (Per Orange County Sanitation District, No. 3,
Resolution 308).
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• All applicable Building Department fees.
*13. The developments shall comply with the Citywide Fee (Resolution 4348), which requires
payment of fees based on the size and use of the development. (For illustrative purposes,
a 100,000 sq.ft. warehouse would generate fees of $44,000 for local traffic
improvements (100,000 sq.ft. x $0.44/sq. ft). (Mitigation Measure No. 3.6a-1)
*14. The developments shall comply with the Regional Fee (Resolution 4400), which requires
the payment of fees based on the size and use of the development. (For illustrative
purposes, a 100,000 sq. ft. warehouse would generate fees of$4,000 for regional traffic
improvements [100,000 sq.ft x $0.04/sq.ft].) (Mitigation Measure No. 3.6a-2)
*15. The project is subject to school assessment fees pursuant to California State law. The
applicant shall provide evidence of compliance to the City prior to issuance of building
permits. (Mitigation Measure No. 3.11c-1)
16. The developer shall defend, indemnify, and hold harmless, the City and any agency
thereof, or any of its agents, officers, and employees from any and all claims, actions,
or proceedings against the City or any agency thereof, or any of its agents, officers or
employees, to attack, set aside, void or annul, an approval of the City, or any agency
thereof, advisory agency, appeal board, or legislative body, including actions approved
by the voters of the City, concerning the project, which action is brought within the time
period provided in Government Code Section 66499.37 and Public Resources Code,
Division 13, CH. 4 (§ 21000 et 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
17. The developer's contractor shall provide the City with a Certificate of Insurance on City
form evidencing a comprehensive liability insurance policy with a combined single limit
of not less than $500,000 each occurrence in connection with the work performed.
• Community Development Department • Planning Division ■
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Exhibit "A" Page 4
Amendment to Conditional Use Permit No. 95-2
Conditions of Approval
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.
18. The applicant/developer shall comply with all provisions of the Zoning Ordinance of the
City of Cypress, and the Warland/Cypress Business Center Specific Plan.
19. Any business which occupies the building shall obtain a Cypress business license prior
to commencement of the business operation.
20. All applicable conditions of Amendment to Conditional Use Permit No. 95-2 shall be
complied with prior to occupancy of the subject building.
21. Any expansion or modification of the approved use beyond what is approved as part of
Amendment to Conditional Use Permit No. 95-2 may require an amendment to the use
permit, based on the criteria set forth in Section III.A.2. of the Warland/Cypress
Business Center Specific Plan.
22. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to a Certificate of Occupancy being issued.
23. All business activity shall occur within the building. Temporary use permits may be
granted for outdoor activity in accordance with Section 13 of the Cypress Zoning
Ordinance, and Section III.A.2.d. of the Warland/Cypress Business Center Specific Plan.
24. 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.
25. Architectural elevations and site plans shall be reviewed and approved by the Planning
Department prior to the issuance of building permits.
26. 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.
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Exhibit "A" Page 5
Amendment to Conditional Use Permit No. 95-2
Conditions of Approval
*27. Building materials and architectural designs shall provide for internal as well as external
compatibility with respect to surrounding land uses. Project architectural design themes
shall be consistent with the guidelines that are provided for in the Specific Plan, and shall
be developed and reviewed during subsequent more detailed site planning stages.
(Mitigation measure 3.13b-2)
*28. Architectural design, including materials and colors used in the project design, shall be
subject to review and approval by the City prior to issuance of building permits. This
review shall ensure compliance with existing City policies and additional aesthetic
guidelines as required by the Warland/Cypress Business Center Specific Plan, and ensure
compatibility with the surrounding area and the community as a whole. (Mitigation
Measure No. 3.13b-3)
*29. Roof design for the project shall require architectural review by the City prior to issuance
of building permits and shall include shielding of mechanical equipment including air
conditioners, fans and duct work, and use of roof materials and assembly techniques
which appear finished and attractive and comply with the requirements in the Specific
Plan and General Plan Guidelines. (Mitigation Measure No. 3.13.b-4)
30. 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.
31. The applicant/developer shall provide an adequate number of trash/waste enclosures
onsite and at a location acceptable to City staff. All trash areas shall be shielded from
view by a solid wall not less than six feet (6') in height. [NOTE: Trash/waste
enclosures shall be maintained onsite at all times. Offsite encroachment of trash/waste
enclosures (into the public right-of-way), is prohibited unless formal approval is granted
by the City Engineer and an Encroachment Permit issued.]
32. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only."
33. Parking for the handicapped shall be provided in accordance with State requirements.
*34. Prior to grading or building permit issuance, a detailed landscaping plan(consistent with
the provisions in the Warland/Cypress Business Center Specific Plan and the Cypress
Zoning Ordinance, Section 23 Landscaping)for all streetscapes and perimeter areas and
remaining landscaping areas on the site shall be submitted by the applicant and approved
by the City. (Mitigation Measure No. 3.13.b-5)
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Exhibit "A" Page 6
Amendment to Conditional Use Permit No. 95-2
Conditions of Approval
35. A detailed landscape and automatic irrigation plan (consistent with the provisions in the
Warland/Cypress Business Center Specific Plan and the Cypress Zoning Ordinance,
Section 23 Landscaping) 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 for a period of one (1) year from planting.
The landscape bond shall be retained until such time that the landscape screening .00
materials have matured to a height and thickness which fully screens the loading area
from view from surrounding properties and streets.
*36. Landscaping shall be provided throughout the proposed development to soften visual
impacts and enhance the aesthetic character of the project. The project shall comply with
guidelines and regulations for the planning of project landscaping and its maintenance as
set forth in the Specific Plan. Use of native plant species should be to the maximum
extent feasible. (Mitigation Measure No. 3.13b-1)
37. All landscaping shall be maintained in a neat, clean and healthy condition. This shall
include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing,
replacement of plants when necessary, and the regular watering of all plants.
38. Unless otherwise specified, all required trees shall be a minimum 15-gallon in size and
of a variety approved by the Planning Director.
39. 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.
40. 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.
41. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
42. Sign plans for both building and freestanding monument signs, consistent with the
provisions in the Cypress Zoning Ordinance and the applicable Specific Plan, 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.
• Community Development Department • Planning Division ■
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Exhibit "A" Page 7
Amendment to Conditional Use Permit No. 95-2
Conditions of Approval
43. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
44. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
45. Any security gate system shall be approved in writing by the Cypress Police Department
and Orange County Fire Department prior to issuance of building permits.
*46. Prior to the issuance of building permits (at least 30 days prior) for development
proposed within the study area which would penetrate the 100:1 imaginary surface, the
project proponent will submit FAA Form 7460-1, "Notice of Proposed Construction or
Alteration," to the Chief, Air Traffic Division, of the appropriate FAA regional office
for projects within those affected portions of the study area. 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 building permits.
(Mitigation Measure No. 3.1 b-1)
*47. The City shall prohibit any structure that is determined to be a "hazard" by FAA because
the proposed structure: a) would raise the ceiling or visibility minimums at an airport
for an existing or planned instrument procedure; b) would result in a loss of airport
utility; or c) would conflict with the VFR air space used for the airport traffic pattern or
enroute navigation to and from the airport. (Mitigation Measure No. 3.1b-2)
48. 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.
49. 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.
50. 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.
51. 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.
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Exhibit "A" Page 8
Amendment to Conditional Use Permit No. 95-2
Conditions of Approval
52. 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 into
the design of the project.
53. The proposed building 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.
54. The City Council shall maintain the right to review the business hours of operation and
may, subject to a public hearing, limit the business hours should substantiated complaints
be received that the business hours are creating an adverse impact upon neighboring
properties. The business hours of operation in relation to truck dock activity shall be
limited from 7 a.m. to 7 p.m. and shall be limited to Monday through Saturday; no
Sunday trucking activities shall be permitted. Late night or early morning deliveries
shall be specifically prohibited.
55. No overnight parking of vehicles shall be permitted, except those used in conjunction
with the permitted use. Delivery trucks may remain parked at the loading dock overnight
for a maximum of one (1) night if loading/unloading has not been completed at the end
of the permitted loading hours. No loading/unloading of the trucks shall be conducted
between the hours of 7 p.m. and 7 a.m. No loading or unloading of trucks shall be
conducted on Sundays.
56. All loading/unloading shall be performed in the loading area of the site only. The
loading platforms and areas shall be screened from view from the adjacent streets,
highways, and residential development, in accordance with the provisions of the
Warland/Cypress Business Center Specific Plan, to the satisfaction of the Planning
Department. Screening materials shall be subject to approval by the Design Review
Committee.
57. An eight foot(8') high block wall and landscape berm containing minimum 48" box trees
shall be provided to fully screen the loading area of the Building from the north and east
to the satisfaction of the Design Review Committee, prior to issuance of a Certificate of
Occupancy.
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327
Exhibit "A" Page 9
Amendment to Conditional Use Permit No. 95-2
Conditions of Approval
58. Parking lots shall be lighted. All lighting, interior and exterior, shall be designed and
located to minimize power consumption and to confine direct illumination to the
premises. A detailed lighting plan shall be submitted to the Planning Department for
review prior to issuance of building permits.
59. The operation of the facility shall comply with exterior noise level requirements as
specified in the City's Noise Ordinance.
*60. Construction activities shall be limited to the hours between 7:00 a.m. and 8:00 p.m.,
Monday through Saturday. No construction activity shall be allowed on Sundays or
federal holidays. In addition, construction equipment should be equipped with effective
muffling devices sufficient to comply with the City's Noise Ordinance. Compliance with
this measure is subject to field inspections by City staff. (Mitigation Measure No. 3.11b-
1)
61. No truck shall be permitted to remain idling in the loading dock area during
loading/unloading of the truck.
62. No repair of trucks or equipment, other than minor incidental maintenance, shall occur
on the site.
63. No fuel facilities shall be permitted on the site.
64. The project shall comply with all mitigation measures (incorporated herein as conditions
of approval) contained in the Mitigated Negative Declaration and set forth in the
Mitigation Monitoring Program for the Diamond Sports Distribution Facility prior to
issuance of Certificate of Occupancy, or as otherwise described in the Mitigation
Monitoring Program.
65. 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 Thirty-eight Dollars ($38.00) County administrative fee, to enable the City to file the
Certificate of Fee Exemption in accordance with Fish and Game Code Section 711.4 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.
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328
Exhibit "A" Page 10
Amendment to Conditional Use Permit No. 95-2
Conditions of Approval
66. The approval of Amendment to Conditional Use Permit No. 95-2 shall not become
effective until the Planning Department receives an agreement to the conditions of
approval contained herein, signed by the applicant.
67. The approval of Amendment to Conditional Use Permit No. 95-2 shall lapse and become
void one (1) year following the date upon which the use permit for this project became
effective, unless prior to the expiration of one (1) year a building permit is issued and
construction is commenced and diligently pursued toward completion. An application
for a one (1) year renewal of the conditional use permit may be filed with the planning
agency prior to the expiration date.
BUILDING CONDITIONS
*68. All buildings shall be constructed to conform with applicable state and city building
codes. (Mitigation Measure No. 3.1la-4)
69. Applicant/developer shall comply with applicable provisions of the most current Uniform
Building, Plumbing and Mechanical Codes, the National Electrical Code, the California
Administrative Code, Title 24, and the Cypress City Code in effect at the time of plan
check submittal. The codes in effect when the plans are submitted into Building Division
plan check will be the applicable codes for the building construction.
70. 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.
71. Type 5 cement shall be used for all foundations and slabs on grade.
72. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier, unless otherwise determined to the satisfaction of the Building Official
by a soils engineer.
*73. Prior to issuance of a grading permit, a geologic and soils report shall be prepared by
a registered geologist or soils engineer and submitted to the City Building Department
for approval. The report shall specify design parameters necessary to remediate any soils
and geologic hazards. (Mitigation Measure No. 3.3b-1)
*74. All earthwork shall be subject to the provisions of Uniform Building Code. (Mitigation
Measure No. 3.3b-2)
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329
Exhibit "A" Page 11
Amendment to Conditional Use Permit No. 95-2
Conditions of Approval
*75. All structures shall be subject to the provisions of the seismic requirements of the
Uniform Building Code. (Mitigation Measure No. 3.3b-3)
*76. Precise grading plans shall include an Erosion, Siltation and Dust Control Plan for the
approval of the City Building Department. The Plan's provisions may include
sedimentation basins, sand bagging, soil compaction, revegetation, temporary irrigation,
scheduling and time limits on grading activities, construction equipment restrictions on-
site. This Plan shall also demonstrate compliance with South Coast Air Quality
Management District Rule 403, which regulates fugitive dust control. (Mitigation
Measure No. 3.3f-1)
*77. Prior to issuance of building permits, permit applicant shall submit for approval of City
Building Department, a water quality management plan (WQMP) specifically identifying
Best Management Practices (BMPs) that will be used on site to control predictable
pollutant run-off. (Mitigation Measure No. 3.4c-1)
*78. Prior to issuance of building permits, applicant shall obtain coverage under the NPDES
Statewide Industrial Stormwater Permit for General Construction Activities from the State
Water Resources Control Board. Evidence this has been attained shall be submitted to
the City Building Department. (Mitigation Measure No. 3.4c-1)
*79. The project shall comply with SCAQMD Rule 403 (Fugitive Dust Emissions) to reduce
construction-generated dust particulates. (See Mitigation Measure 3.3f-1).
*80. The project site shall be watered twice daily during the construction phase of the project.
(Mitigation Measure No. 3.5b-2)
*81. All businesses shall comply with the City's Hazardous Materials Disclosure Ordinance,
which requires that businesses must disclose to the City the use of specified listed
materials over certain quantities. (Mitigation Measure No. 3.9a-1)
*82. Prior to issuance of building permits, a soils test shall be submitted to the Building
Division demonstrating that residual chemical levels are within accepted safety standards,
(per the foundation deterioration study for the cities of Lakewood, La Palma and
Cypress, California) consistent with the proposed warehouse use. (Remediation will be
required if such standards are exceeded.) (Mitigation Measure No. 3.9d-1)
83. 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.
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330
Exhibit "A" Page 12
Amendment to Conditional Use Permit No. 95-2
Conditions of Approval
*84. Prior to the issuance of building permits, the developer shall demonstrate to the Orange
County Water District (OCWD) and the City of Cypress, that the use of low water use
fixtures, plumbing fixtures and appliances are planned for the project in accordance with
applicable standards and requirements. (Mitigation Measure No. 3.12c-1)
014
FIRE CONDITIONS
85. Prior to issuance of any building permits, water improvement plans shall be submitted
to and approved by the Fire Chief to ensure adequate fire protection and financial
security posted for the installation. The water system design, location of valves, and the
distribution of fire hydrants will be evaluated and approved by the Chief. Fire hydrants
shall be spaced 150 feet from all portions of the structure.
86. 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.
87. Prior to the issuance of any building permits, evidence of the onsite fire hydrant system
indicating public or private shall be submitted to the Fire Chief. If the system is private,
provisions shall be placed in the CC&R's for the repair and maintenance of the system.
88. Prior to the issuance of any building permits for interior improvements, 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.
89. Prior to the issuance of any building permits, plans for the fire alarm system plans 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.
90. Prior to the issuance of any building permits, the applicant shall submit a detailed letter
of intended use for each building.
91. Prior to the issuance of any grading permit, street 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. The CC&R's shall
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Exhibit "A" Page 13
Amendment to Conditional Use Permit No. 95-2
Conditions of Approval
contain a fire lane map and provisions which prohibit parking in the fire lanes, a method
of enforcement shall be included.
92. 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.
*93. The proposed project shall include a water system of sufficient capacity and pressure for
the proposed land uses and fire protection. (Mitigation Measure No. 3.11a-1)
*94. Sufficient accessibility for fire-fighting equipment shall be provided. The Orange County
Fire Department shall review precise development proposals to ensure adequate access
and fire protection facilities. (Mitigation Measure No. 3.11a-2)
*95. Installation of smoke detection devices, use of fire-retardant building materials and
shrubbery, prominent placement of rescue service telephone numbers and appropriate
siting of other fire-fighting appurtenances shall improve internal building safety.
(Mitigation Measure No. 3.11a-3)
POLICE CONDITIONS
96. All exterior doors utilized only for emergency exiting, shall have locking hardware
designed to be locked from the exterior, but unlocked from the interior for exiting
purposes.
97. All exterior doors shall be illuminated during the hours of darkness for security purposes.
Building-mounted overhead doorway lighting is recommended.
98. Building address numbers shall be clearly visible from any street access.
*99. Police services to the development shall be enhanced through the provision of adequate
street lighting, clearly marked street names and building numbers, and security hardware.
Other measures to facilitate service to the development and minimize potential crime
problems shall be based on consultation with the Police Department during subsequent
design and implementation stages. (Mitigation Measure No. 3.11b-1)
Revised 4/26/95
• Community Development Department • Planning Division ■