Resolution No. 6996184
RESOLUTION NO. 6996
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
APPROVING SITE PLAN REVIEW NO. 2024-01, FORA 191,394 SQUARE -FOOT
WAREHOUSE BUILDING AND ASSOCIATED PARKING AND LANDSCAPING AT 5665
PLAZA DRIVE IN THE MCDONNELL CENTER SPECIFIC PLAN, IN THE CITY OF
CYPRESS, CALIFORNIA
WHEREAS, the City Council of the City of Cypress has considered an application
submitted by GLC Cypress, LLC ("Applicant") for a new 191,394 square -foot (sf) warehouse
building and associated parking and landscaping at 5665 Plaza Drive in the McDonnell
Center Specific Plan (the "Project"); and
WHEREAS, the Project requires the following to be approved by the City Council: an
amendment to the McDonnell Center Specific Plan (Specific Plan Amendment No. 2024-01)
and a Site Plan Review (SPR No. 2024-01); and
WHEREAS, an application was filed for approval of a Site Plan Review for the Project
in accordance with the provisions of Section VI.0 of the McDonnell Center Specific Plan
("Specific Plan"); and
WHEREAS, the City Council has reviewed the goals and objectives of the General
Plan as laid out in the City Council staff report dated November 12, 2024 and November 18,
2024, and finds that the Project is consistent with the intent of the General Plan; and
WHEREAS, in accordance with the California Environmental Quality Act (CEQA), an
Environmental Impact Report (EIR) was prepared for the Project and released to the public
on August 12, 2024, for a 45 -day review period. All required notifications were provided
pursuant to CEQA (Public Resources Code Sections 21080.4 and 21161; Guidelines
Sections 15082 and 15085) 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, on November 12, 2024, the City Council held a duly noticed public
hearing where the item was continued to November 18, 2024 and considered testimony on
the application; and
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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, DOES HEREBY RESOLVE, based upon substantial evidence taken from the
administrative record and at the public hearing, AS FOLLOWS:
SECTION 1. The City Council hereby specifically finds that all the facts set forth in
the above Recitals are true and correct and are incorporated herein as findings of the City
Council.
SECTION 2. Findings. Pursuant to the Section VI.C.6 of the Specific Plan, the City
Council finds, after due study and deliberation that the following circumstances exist:
The proposed project is compatible with the intent and purpose of the Specific Plan.
With approval of the specific plan amendment, the Project is compatible with the
intent and purpose of the McDonnell Center Specific Plan. The amendment removes
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the maximum square footage requirement and expands warehousing and light
industrial uses into the eastern portion of Planning Area 1, where the project is
located. These changes further the Specific Plan's goal to provide "flexible
development guidelines which will accommodate future market trends and tenant
needs, without sacrificing the intended high-quality character of the project". With
approval of the conditions included in Exhibit "A", the project maintains the cohesive
nature of the Specific Plan area in regards to landscaping, access, and other factors.
2. Development of the Site Plan will not have an adverse impact on the public health,
safety, interest, convenience, or the general welfare.
With approval of the conditions included in Exhibit "A", the Project will not be
materially detrimental to the public health, safety or general welfare. Further, the
Environmental Impact Report found the Project had a less than significant impact with
the implementation of the required mitigation measures included in the Mitigation
Monitoring and Reporting Program (MMRP).
3. The Site Plan is compatible with the intent and purpose of the regulations and design
guidelines of the McDonnell Center Specific Plan.
With approval of the Specific Plan Amendment and the conditions included in Exhibit
"A", the Project meets all the development standards required by the McDonnell
Center Specific Plan. The architectural design of the warehouse is consistent with the
Specific Plan design guidelines in that it incorporates a variety of materials, an
enhanced building entrance, and a contemporary style. The Project landscaping will
enhance the site and maintain the aesthetic standards of the Specific Plan area.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress hereby approves Site Plan Review No. 2024-01, subject to the applicable
conditions included in Exhibit "A". 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 at
a regular meeting held on the 18th day of November, 2024.
k A _
CITY CLERK OF THE 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 12th day of November, 2024, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Burke, Mallari, Peat and Minikus
NOES: 1 COUNCIL MEMBERS: Marquez
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE
ITY OF CYPRESS
EXHIBIT "A"
PROJECT TITLE: SPR NO. 2024-01
ADDRESS: 5665 P DRIVE
CONDITIONS OF APPROVAL
1. General Conditions
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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. This permit is granted for the plans dated January 8, 2024, ("the plans") on file with
the Planning Division. The project shall conform to the plans, except as otherwise
specified in these conditions, or unless a minor modification to the plans is
approved by the Planning Director. A minor modification may be granted for
minimal changes or increases in the extent of use or size of structures or of the
design, materials or colors of structures or masonry walls. (Planning)
1.3. 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)
1.4. 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)
1.5. 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)
1.6. 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)
1.7. The applicant shall obtain a Cypress business license prior to commencement of
the business operation. (Finance)
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1.8. All applicable conditions of the project shall be complied with prior to occupancy
of the subject building. (Planning)
1.9. The applicant may request minor modifications of conditions of approval
consistent with the intent of the project approval. The modification must be
approved in writing by the Planning Director (Conditions of Approval Sections 1-
8), City Engineer (Conditions of Approval Sections 9-22 and 24), and the Police
Chief (Conditions of Approval Section 23).
2. Planning
2.1. Areas subject to vehicle loading, including internal streets, driveways, etc., shall
consist of Portland Cement Concrete (PCC) unless an alternative material is
approved in the project WQMP for infiltration purposes. (Planning)
2.2. 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)
2.3. 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. (Planning)
2.4. 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. (Planning)
2.5. 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. (Planning)
2.6. That no vending machines, publication racks, telephones, kiosks, donation bins
and similar items shall be permitted outside of the buildings. (Planning)
2.7. The easement restricting parking in the 60 -foot wide strip on the northern edge of
the site shall remain in effect so long as the area is zoned PS -1A. Parking stalls
located within the PS -1A zone shall be available for public use from 7:00 p.m. to
6:00 a.m., Monday through Friday, and all day on Saturday and Sunday.
(Planning)
2.8. Signs shall be installed and maintained at the entrances to the site and within the
easement referenced above indicating that the parking area within the easement
is available for public parking from 7:00 p.m. to 6:00 a.m., Monday through
Friday, and all day on Saturday and Sunday. (Planning)
2.9. Third Party Logistics uses are prohibited within the building. Third Party
Logistics refers to business entities that provide short-term storage and
fulfillment services for finished consumer goods.
2.10. Class 8 trucks providing deliveries to and from the project site shall be directed
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to access and depart the site via Douglas Drive to KateIla Avenue, connecting
directly to the 1-605 Freeway.
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. (Planning)
3.2. A copy of the approved Conditions of Approval including Table 6.A Mitigation
Monitoring and Reporting Program from the approved Environmental Impact
Report, shall be included in all development plans submitted to the City. (Planning)
3.3. The applicant shall conduct outreach to all property owners and tenants in
properties adjacent to the project site property lines to discuss schedule, duration,
and to identify the appropriate contacts for future communication, start date,
expected duration, concerns or complaints. (Planning)
3.4. A "disturbance coordinator" shall be established. The disturbance coordinator
will be responsible for responding to any local complaints about construction
noise and/or ground vibration. The disturbance coordinator shall determine the
cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and shall
be required to implement reasonable measures to reduce noise levels. All signs
posted at the construction site shall list the telephone number for the disturbance
coordinator.
3.5. Subject to approval of a Temporary Use Permit, permitted hours of construction
for grading and ground improvement activities may be modified to 2 pm through
10 pm seven days a week including 8 am to 5 pm on Sundays. Complaints
received regarding ground improvement activities occurring past 8 pm, will be
evaluated by the Community Development Director and at their discretion, the
temporary use permit will be modified as required. (Planning)
3.6. A sign, legible at a distance of 50 feet, shall be posted at the construction site
perimeter. All notices and the signs shall indicate the dates and duration of
ground improvement activities, as well as provide a telephone number for the
"disturbance coordinator.
3.7. The applicant shall prepare a list of parties contacted and share any written
communication with Planning, Code Enforcement, and Public Works.
3.8. The Applicant's DDC construction contractor shall develop a vibration
monitoring and construction contingency plan for approval by the City's Director
of Community Development, or designee, to identify appropriate locations in the
vicinity of nearby structures where monitoring will be conducted; set up a
vibration monitoring schedule; define structure -specific maximum vibration limits
based on building inspections; contain provisions to conduct building surveys to
document existing conditions at adjacent structures. The plan shall identify
construction contingencies that would be implemented if vibration levels
approach the established vibration limits at a particular location.
3.9. Should the applicant utilize deep dynamic compaction ground improvement
methods the applicant shall:
o Applicant's structural engineer shall inspect adjacent structures located within
120' of site areas being improved with DDC to assess structural integrity and
evaluate the ability for each structure to endure vibration and lateral
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acceleration without damage.
o Applicant's ground improvement contractor will install seismic monitoring
calibrated to alarm when thresholds are exceeded (maximum .5 in/per sec in
PPV threshold).
o Further mitigation measures shall be implemented should vibration exceed
the .5 in/per sec in PPV threshold (sequence of methods to reduce impact) to
reduce the threshold to acceptable levels such as:
Dig a trench along north PL to cut off seismic wave and
• Determine distance from north PL where ground acceleration is
reduced to acceptable levels.
o For all areas where vibration cannot be reduced to acceptable levels (.5 in/per
sec in PPV threshold), Vibratory Stone Columns shall be used instead.
3.10. The applicant will work closely with the City Staff and adjacent property owners to
immediately address complaints due to vibration and modify operations to
minimize perceived or actual impacts. If the City receives two -verified complaints
after the implementation measures outlined in Section 3.9, the balance of the
project shall utilize Vibratory Stone Columns (VSC).
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.
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. 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. (Planning)
4.4. 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)
4.5. 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. 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
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electrical equipment shall be buried underground or concealed within the sign.
(Planning) (Building and Safety)
6. Landscaping
6.1. To the extent feasible and subject to Planning Director approval, the site shall be
landscaped in compliance with the McDonnell Center Specific Plan, including
landscape requirements for parking areas and setback areas. (Planning)
6.2. 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 and comply with the
provisions of Section IV.D. (Design Concept, Landscape Guidelines) and Section
V.H. (Development Regulations, Landscape). (Planning) (Public Works)
6.3. 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)
6.4. Landscape irrigation pipes and sprinkler heads shall be maintained in good
working order so as to cover all landscaped areas. (Planning)
6.5. All trees required to be removed to install the sidewalk along Plaza Drive shall be
replaced. The tree species shall be consistent with the McDonnell Center Specific
Plan Design Concept (Section IV.D), and subject to Planning Director approval.
Replacement trees shall be a minimum of 24" box size. (Planning)
7. Operational
7.1. All business activity shall occur within the building except for the loading and
unloading vehicles which shall occur in the loading docks 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)
7.2. The parking lot shall be used solely for vehicular parking, unless otherwise
approved in writing by the Planning Director. (Planning)
8. Property Maintenance
8.1. Continuous Maintenance. The Project property owner shall continually maintain
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. 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.
b. 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.
c. The property shall be maintained free of the accumulation of trash and
debris. Trash and debris associated with the business operation shall be
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stored solely in designated trash enclosures.
d. Exterior building elevations shall be maintained such that buildings are free
from broken, missing, or significantly cracked surface finished materials.
e. 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.
f. Lighting. The developer shall maintain any lighting so that they operate
properly for safety purposes and do not project onto adjoining properties or
roadways.
g. 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. (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)
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)
• 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 Wildlife impact
fee in the form of a check payable to the County Clerk -Recorder in the amount
required by the County, 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 two (2) Offsite
Improvement bonds (faithful performance and labor and materials), certificates of
deposit, letters of credit, completion guarantees, or cash, each in an amount equal
to 100% of the engineer's cost estimate and form satisfactory to the City of Cypress,
shall be posted with the City to guarantee the satisfactory completion of said
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improvements. Said security shall be posted with the City prior to the issuance of a
building permit to guarantee the installation of the related improvements prior to
final building and zoning inspections in accordance with an approved construction
phasing plan. 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.The applicant shall submit all public improvement plans per the Public Works
Standard Plans and specified design criteria. All plans shall be submitted in an
acceptable digital format and one copy printed on mylar with the City title block on
all sheets. (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)
10.4. The applicant shall notify the City Engineer through submittal of a revised plan if
any changes to the site plan are proposed during the plan check process. Permits
shall not be issued until the City Engineer has reviewed and approved the proposed
changes for conformance with the intent of the City Council's action and the
conditions herein. If the proposed changes are of a substantial nature, an
amendment to the original entitlement may be required. (Engineering, Planning)
10.5. The applicant shall make all submittals, including engineering, building, grading,
water quality, and inquiries through the department's online plan check and permit
application at https://cvpressca.viewpointcloud.com or as determined by the City
Engineer. (Engineering)
10.6. Prior to issuance of a temporary or final certificate of occupancy, the applicant shall
record all easements (reciprocal access, emergency access, etc.) necessary to
provide access to the property and building(s) for emergency services.
(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 street
landscaping and irrigation plan within the public right-of-way to the City Engineer
for approval. 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 Landscape bond, equal to 100% of the cost estimate,
to guarantee against any defects in plant materials and workmanship. The
applicant shall submit a soils report for all planting areas, prepared by a qualified
agricultural laboratory to the City Engineer for approval at least 30 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. The landscaping will be irrigated from the
private property meter and the applicant or successor in interest will pay for all
water. (Engineering, Maintenance)
11.3. Prior to issuance of a temporary or final certificate of occupancy, the applicant
shall install all new public right-of-way landscaping and irrigation per the approved
street landscaping and irrigation plan. (Engineering, Maintenance)
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11.4. The applicant or his successor in interest shall maintain all landscaping planted
in the public right-of-way located along the frontage of their property in a healthy
and safe condition. (Engineering, Maintenance)
12. Sewer and Wastewater
12.1. The developer shall construct new private sewer laterals with cleanouts at a
location approved by the City Engineer. (Engineering)
12.2. Prior to the issuance of building permits, 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 to be approved by the City Engineer.
(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)
13. Street Trees
13.1. If trees are planted within the public right of way, they shall be installed in
accordance with the approved street landscape plan subject to the approval of
the City Engineer. (Engineering)
13.2. The applicant or successor in interest shall trim all trees in the public right-of-way
along the property frontage on Plaza Drive annually or as prescribed by the City
Engineer and maintain the trees in a healthy and safe condition. (Maintenance)
14. Street Lighting
14.1. The applicant shall bear the full cost of upgrading the existing street light
along the property frontage on Plaza/Douglas Drive to energy efficient LED
fixtures. Street lighting shall be approved by the City Engineer and meet the
City of Cypress design standards.
15. Streets
15.1 Prior to the issuance of any certificate of occupancy, including temporary, the
applicant shall install new sidewalks and driveway approaches that are
compliant with the American Disabilities Act along the property frontage on
Plaza Drive. The developer shall comply with the following requirements
regarding the improvements:
• Within 90 days issuance of any grading or demolition permit, submit plans to
Public Works for both the sidewalk and associated landscaping within the
ten -foot parkway strip within the public right of way and obtain approval by
the City Engineer.
Construct all improvements in accordance with Cypress Public Works
standards and specifications to satisfaction of the City Engineer.
* Prior to construction, obtain and pay for a permit and inspection services. As
part of the permit, submit a bond to guarantee its construction acceptable to
the City Engineer and maintain a schedule on file with the City Engineer for
the work.
Sidewalks shall be a minimum width of five feet, clear of all obstructions
(including utilities, street lights, fire hydrants, etc).
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• Adjust utility vaults and boxes to grade in accordance with the corresponding
utility's requirements and standards.
• Relocate any utilities as necessary securing the appropriate approvals from
the respective utilities.
Plant new trees at 1:1 ratio on private property along the property frontage
for any tree removed as part of the sidewalk improvements. Submit the size
and types of trees and locations for approval to the Planning Director.
• Landscaping within the public right of way parkway strip shall be drought
tolerant and water efficient.
• Irrigate all landscaping within the public right-of-way from the private property
meter and the developer or successor in interest shall pay for all water.
• The developer or his successor in interest shall maintain all landscaping
planted in the public right-of-way located along the frontage of their property
in a healthy and safe condition.
• Grant easements to the City for pedestrian purposes for any sidewalk or
driveways, as needed, for compliance with ADA requirements prior to
issuance of a permit for construction.
15.2. Prior to the issuance of any certificate of occupancy, including temporary, the
applicant shall resurface Plaza Drive (2" grind and overlay asphalt concrete
pavement) along the project, 5757 and 5755 Plaza Drive frontages. Construct
all improvements in accordance with Cypress Public Works standards and
specifications to satisfaction of the City Engineer.
15.3. Remove and replace any damaged street, pavement or other concrete
improvements as a result of damage due to this work and appropriately clean
the area to the satisfaction of the City Engineer. (Engineering)
15.4. 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. Traffic
16.1. The access driveway to the development shall be designed in accordance with
City standards and approved by the City Engineer. (Engineering)
16.2. The quantity, location, width, and type of public driveways shall be subject to
the approval of the City Traffic Engineer. Prior to construction of any driveway
approach upon public street right-of-way, the applicant shall obtain a public
works permit. (Engineering) (Driveways)
16.3. Prior to the issuance of any grading permits, the applicant shall provide
adequate sight distance per Engineering Standard Plan 204 and 205 at all
street intersections, driveways, and parkways, in a manner meeting the
approval of the City Traffic Engineer. The applicant shall make all necessary
revisions to the plan to meet the sight distance requirement such as removing
slopes or other encroachments from the limited use area in a manner meeting
the approval of the City Engineer. (Engineering) (Sight Distance)
16.4. The applicant shall bear the full cost of the traffic signal modification
improvements at the intersection of Katella Avenue and Douglas
Drive/Warland Drive. The improvements shall consist of installation of a new
southbound vehicle signal head on an existing pole in the northwest corner.
The City will construct the improvements. Prior to the issuance of any
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certificates of occupancy, the applicant shall settle all payments related to this
improvement. All costs for the improvements including, but not limited to,
design (city to hire/manage design engineer), construction, construction
management, permitting and inspection shall be the sole responsibility of the
applicant. (Engineering)
16.5. Any proposed land uses which generate trips in excess of those analyzed in
the "Goodman Commerce Center Traffic Analysis" dated January 11, 2024
shall be prohibited until a reassessment is performed and, potentially,
additional traffic improvements are completed. (Engineering)
17. Utilities
17.1. Prior to issuance of a certificate of occupancy, the applicant shall install all
new utility services underground. (Engineering)
17.2. 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 at the direction of the City Engineer, the
applicant shall submit a grading plan for approval signed and stamped by a
registered California civil engineer and using actual grades from an Orange
County Surveyor's Benchmark. (Engineering)
The applicant shall ensure the following requirements are met:
Drainage is solved to the satisfaction of the City Engineer and Building
Official.
The Grading Plan is consistent with the Water Quality Management Plan,
Site Plan and any Improvement Plan for proposed public storm drains.
Submittal of a Preliminary Grading Plan 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 .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.
20.Storm Water Quality — National Pollutant Discharge Elimination System
20.1 Development must be undertaken in accordance with conditions and
requirements of the Santa Ana Region National Pollutant Discharge
Elimination System (NPDES) Permit Order No. R8-2009-0030 as amended
by Order No. R8-2010-0062.
20.2 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). The WQMP must include best management
practices for source control, pollution prevention, site design, and low impact
development as well as structural treatment controls among many factors.
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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. The WQMP must identify the routine
structural and non-structural measures specified in the current Drainage Area
Management Plan (DAMP) and utilize the Orange County Technical
Guidance Document (OC TGD) as well as the Model WQMP.
Applicable WQMP projects must also:
• Utilize the City's current WQMP template;
• Utilize the City's online WQMP application system for submittal;
• Address site Design BMPs (as applicable) such as minimizing impervious
areas, maximizing permeability, minimizing connected impervious areas,
creating reduced or zero discharge areas, and conserving natural areas;
• Incorporate Routine Source Control BMPs as defined in the DAMP;
• Include post -construction Treatment Control BMP(s) as defined in the
DAMP;
• Include and Operations and Maintenance (O&M) Plan that (1) describes
the long- term operation and maintenance requirements for pos-
construction Treatment Control BMP(s); (2) identifies the entity that will be
responsible for long-term operation and maintenance of the referenced
Treatment Control BMP(s); (3) describes the mechanism for funding the
long-term operation and maintenance of the references Treatment
Control BMP(s); (4) includes the Water Quality Implementation Covenant
and Agreement.
20.3 Prior to issuance of and grading or building permits, the applicant must submit
a certified copy of the approved Final Water Quality Management Plan
(WQMP) along with the final approved Grading Plan and all other supporting
documentation on a USB flash drive in a single digital file (pdf) format
acceptable to the City Engineer. The Preliminary WQMP 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 DAMP and OC
TGD. alterations to the site and the site plan may be required as prescribed
by the City Engineer to the WQMP. Any significant alteration to the site plan
due to the Final WQMP may require approval of the Council for the revision.
Additionally, the WQMP must identify a responsible party and implement
funding sources for maintaining post construction BMPs 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.
20.4 The owner is responsible for providing a Water Quality Implementation
Covenant and Agreement and an Operations and Maintenance plan that
outlines the funding and maintenance of water quality BMPs, consent to
inspect, and indemnification on the forms provided by the City for all post -
construction stormwater mitigation and treatment devices, as required by the
Santa Ana Regional National Pollutant Discharge Elimination System
(NPDES) Permit Order No. R8-2009-0030, as amended by Order No. R8-
2010-0062. The agreement will be subject to the review and approval of the
City Engineer and City Attorney. Before final acceptance of project
improvements, the owner or his/her designated representative must certify
that the treatment device was constructed and installed in accordance with
the approved plans. Prior to the issuance of a certificate of occupancy, the
applicant must demonstrate compliance with the City's NPDES
Implementation Program in a manner meeting the satisfaction of the City
Engineer and Water Quality Manager, including:
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• Demonstrate that all structural Best Management Practices (BMPs)
described in the BMP Exhibit from the project's approved WQMP and
Maintenance Covenant and Agreement 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
• Demonstrate that copies of the project's approved WQMP and Covenant
and Agreement (with attached O&M Plan) are available for each of the
initial occupants
• Agree to provide a compliance deposit to pay for any required inspections
and any additional non-compliance inspections as the City deems
necessary
• Submit certified record drawings as well as the project engineer's post -
construction certification as well as the owner's post construction
certification on a template provided by the City
• 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, Maintenance
Covenant and Agreement and O&M Plan.
• Demonstrate that the applicant has RECORDED one of the following:
1. The CC&R's (that must include the approved WQMP, Maintenance
Covenant and Agreement and O&M Plan) for the project's
Homeowner's Association;
2. A Water Quality Implementation Covenant and Agreement that has
the approved WQMP and O&M Plan attached; or
3. The final approved Water Quality Management Plan (WQMP) and
Operations and Maintenance (O&M) Plan. (Engineering, Water
Quality) (NPDES/WQMP Compliance Measures)
20.5 AH onsite storm drain inlets, whether newly constructed or existing, must be
labeled "No Dumping Drains to Ocean" before occupancy in accordance with
city requirements.
20.6 All exterior metal building surfaces, including roofs, must be coated with rust -
inhibitive paint, or approved equal, to prevent corrosion and release of metal
contaminants into the storm drain system prior to occupancy.
20.7 Trash enclosures and/or recycling area(s) must include a structure to cover
the enclosure with a solid roof design below to direct stormwater away from
entering the enclosure. All litter/waste material must be kept in leak -proof
containers. Area(s) must be paved with impermeable material. No other area
may drain onto these areas. The trash enclosure and/or recycling area(s)
may not drain to the storm drain system and all cleanups must be performed
using dry cleanup methods. Trash Enclosures for projects regulated by the
current NPDES Permit may be required to design to slope to an interior
trapped area floor drain and connected to a pre-treatment device such as an
interceptor or clarifier before plumbing to the sanitary sewer system.
Additionally, there must be a posted sign on the trash enclosure informing
users that hazardous materials are not to be disposed therein. Enclosures for
air compressors must include a roof installation similar to trash enclosures,
and direct water from entering the enclosure. Additionally, trash enclosures
may be required to be modified to meet the current solid waste requirements.
20.8 Any areas, including but not limited to delivery areas/handling docks and
outdoor work areas to be utilized for material storage and handling must be
covered, constructed on impermeable pavement, designed to eliminate run-
on from other areas, and be graded and constructed to prevent runoff from
the area Additionally, the development must be designed and constructed
with no drain in this area. If these conditions cannot be met, BMPs such as
oil/water separators, sand filters, and/or detention basins must be installed to
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treat all stormwater runoff before it is discharged to the storm drain system.
If other areas drain onto the area, treatment for these areas must be included
in the design of BMPs. The design must be submitted to the City Engineer
for review and approval before the issuance of grading permit.
• Loading/truck docks are not required to be covered if no material
handling/ storage occurs in these areas.
20.9 Food facilities, including industrial kitchens or bakeries, must be designed
with contained areas for cleaning mats, equipment and containers. This wash
area must be inside or covered and designed to prevent run-on or runoff
from the area. The area may not discharge to the storm drain; indoor or
covered area wash waters must drain through a grease interceptor to the
sanitary sewer or be collected for ultimate disposal to the sanitary sewer or
an authorized location (pumped/trucked offsite). Wash areas located outside
must be covered and bermed; wash water must be collected and pre-treated
through a grease interceptor and not allowed to drain to storm drain.
Additionally, there must be a sign posted instructing that all washing activities
be conducted in this area. Employees must be instructed, and signs posted
indicating that all washing activities be conducted in this area. Additionally,
food facilities are required to obtain a FOG permit through the City's online
application and permitting system prior to project close-out and or the
issuance of a certificate of occupancy.
20.10 Prior to the issuance of any grading or building permit, the applicant must
submit an Erosion and Sediment Control Plan (ESCP) in a manner meeting
approval of the City Engineer and the Building Official and in accordance with
requirements of the Santa Ana Regional National Pollutant Discharge
Elimination System (NPDES) Permit Order No. R8-2009-0030 as amended
by Order No. R8-2010-0062. The ESCP must be developed and implemented
to demonstrate compliance with the City's NPDES Implementation Program
and State water quality regulations for grading and construction activities.
The ESCP must identify how all construction materials, wastes, grading or
demolition debris, and stockpiles of soil, aggregates, soil amendments, etc.
must be properly covered, stored, and secured to prevent transport into local
drainage ways or coastal waters by wind, rain, tracking, tidal erosion or
dispersion.
• Any proposed work in the public right-of-way will require that the ESCP
is submitted to the City for review and approval and shall describe how
the applicant will ensure that all BMPs will be maintained during
construction. The ESCP must be updated as needed to address the
changing circumstances of the project site. A copy of the current ESCP
must be kept at the project site and be available for City review on
request.
20.11 For projects that disturb one (1) acre or more of soil or are part of a larger
common plan of development, prior to the issuance of any grading or
building permits, the applicant must demonstrate compliance with
California's General Permit for Storm Water Discharges Associated with
Construction Activity (Permit No. CAS000002/Order No. 2009-009- DWQ as
amended) by providing a copy of the Notice of Intent (N01) 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 must prepare and
implement a Storm Water Pollution Prevention Plan (SWPPP). A copy of
the current SWPPP must be kept at the project site and be available for City
review on request. The applicant must ensure that the SWPPP is consistent
with any City approved plan including the grading plan, site plan, building
plans, and water quality management plan.
20.12 If a change of ownership takes place for the entire development or portions
of the common plan of development where construction activities are still
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on-going, development must provide the City with Proof of a Change of
Information form (COI) with the State GCP.
20.13 Prior to issuance of certificate of occupancy, the applicant must 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 must
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.
20.14 The owner is responsible for maintaining and operating all on-site private
improvements.
20.15 All property areas must be maintained free of litter/debris.
20.16 All onsite storm drains must be cleaned at least twice a year; once
immediately before October 1st (the beginning of the rainy season), and once
in January. Additional cleaning may be required by the City Engineer.
20.17 Generator or tank enclosure areas must be paved with impermeable material.
No other area may drain onto these areas. The enclosure area must not drain
to the storm drain system or the sanitary sewer and all cleanups must be
performed using dry cleanup methods. There must be no slope on the interior
floor of the enclosure and the area must be bermed to prevent run-on of
stormwater. The generator or tank must have adequate secondary
containment to contain 110 percent of fuel or liquid in tank in event of a spill.
20.18 There must be no pressure washing of parking or loading areas, material and
waste storage areas, or building site, unless the City approves a collection
system to keep water from entering the storm drain.
20.19 Landscaping must be properly maintained with efficient irrigation to reduce
runoff, promote surface filtration, and minimize the use of fertilizers and
pesticides that can contribute to urban runoff pollution.
20.20 Prior to grading or building permit close-out and or the issuance of a certificate
of occupancy, the applicant must demonstrate that compliance with the permit
has been obtained by providing a copy of the Notice of Intent (N01) submitter
to the State Water Resources Control Board and a copy of the notification of
the issuance of a Waste Discharge Identification (WDID) Number or other
proof of filing coverage under the current Industrial General Permit.
Additionally, the applicant will be subject to all requirements of Section 13-29
of the Cypress Municipal Code regarding stormwater pollution prevention
including, but not limited to obtaining Water Quality permit prior to the issuance
of a final certificate of occupancy.
20.21 Any applicant, occupant or its successor shall be responsible for the cost of
any water quality inspections by the City that are mandated by the State of
California or by the U.S. Environmental Protections Agency (USEPA)
presently or in the future.
20.22 The WQMP Improvement Bonds must incorporate all post -construction
stormwater devices from the approved WQMP and include two (2) bonds
(faithful performance and labor and material) with each equal to 100% of the
engineer's cost estimate. These costs will be provided in the WQMP for review
and inclusion in the WQMP Improvement Bond and shall cover device defects
as well as malfunctions and possible replacement in the event the device is
damaged or not operating per the manufacturer's specification or intended
design.
20.23 The applicant will be subject to all requirements of Section 13-29 of the
Cypress Municipal Code regarding stormwater pollution prevention including,
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but not limited to, obtaining a Water Quality permit through the City's online
application and permitting system, prior to issuance of a final certificate of
occupancy.
20.24 No person or person(s) shall make any modifications to drainage approved in
the grading plan or approved WQMP without prior written approval from the
City Engineer.
20.25 Certified full trash capture trash devices must be installed to address the
Statewide Trash Amendments adopted April 7, 2015. Existing storm drain
inlets located within this project must be retrofitted to address the above trash
policies. Additionally, proposed post -construction BMPs must devices that are
State certified for full -trash capture.
21. Building and Safety
21.1. The applicant shall submit building, grading, mechanical, electrical, and plumbing
plans in compliance with the current adopted (2022) California Building Code and
Cypress Municipal Code.
21.2. Applicant/developer shall provide a single point of contact for all phases of the
permitting process and the construction process. The point of contact may be
different for permitting and construction. The applicant/developer will provide a
24-hour contact number. This person will be responsible for all communications
with Building and safety including but not limited to application, plan submittal,
permit issuance, inspection requests and any other requests or inquiries. (Building
and Safety)
21.3. The applicant will schedule a pre -construction meeting with both the Building
Official and City Engineer (or designees) prior to any work starting on the project
site. The meeting shall take place one to two weeks prior to the start of
construction. All contractors including their superintendents, designers/engineers
will be required to attend unless otherwise directed by the Director of Public
Works. (Building and Safety, Engineering)
21.4. 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 permit is obtained from the City Engineer. (Building &
Safety)
21.5. 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.
• A grading permit may be issued prior to BMP installation/inspection if the
applicant, or the contractor performing the work, posts a cash bond (with
compliance schedule) in a form and amount approved by the Public Works
Director. Cash bonds will be forfeited if any grading work occurs prior to
authorization to proceed. Surrendering the cash bond does not permit the
applicant to perform any work not previously authorized.
21.6. Delivery, loading and unloading of construction materials shall occur on site and
not within the Public Right of Way unless a permit is obtained from the City
Engineer. (Building and Safety)
22. Solid Waste
22.1. The applicant shall construct new or modify its existing trash enclosure structures
to house all required solid waste containers (trash, recycle, organics) and
possess a solid covered roof that prohibits stormwater to enter and then
discharge from the enclosure. (Public Works, Water Quality) (Trash Enclosures)
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22.2. The applicant shall subscribe to solid waste services from the City's solid waste
hauler with no less than one time per week service for trash, recycling, and
organics recycling. These shall be properly maintained and not allowed to
overflow. Source separated organic recycling is required unless alternatives are
approved in writing from the Public Works Director. (Public Works, Water Quality)
22.3. For phased construction, as buildings are occupied, the applicant shall ensure
there is adequate room and clearance for solid waste trucks and for placement
of construction bins on site during construction. Access ways shall not be blocked
without written approval of the Building Official. (Public Works)
22.4. The applicant shall not install a trash compactor at the site without first having
received written approval from the City's solid waste hauler. (Public Works)
23. Security
23.1. 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.)
23.2. 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)
23.3. 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)
23.4. The landscaping and lighting plans for the project shall also be subject to review
by the Cypress Police Department. (Police Department)
23.5. The applicant will provide a Crime Prevention through Environmental Design
study for approval by the planning and police departments. (Police Department)
23.6. The building tenants shall install a surveillance camera system, colored monitor,
and silent alarm. (Police Department)
24. Fire
24.1. 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,:
• 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)
• Underground piping for private hydrants and fire sprinkler systems
(service code PR470-PR475)
• Fire sprinkler system (service codes PR400-PR465)
24.2 Prior to OCFA issuance of a precise grading permit or a building permit, if a
grading permit is not required approval shall be obtained for a fire master plan.
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24.3 Irrevocable reciprocal access easements for emergency access purposes to the
benefit of the Cypress shall be recorded prior to approval of the fire master plan.
24.5 The applicant shall receive clearance from the OCFA prior to bringing
combustible building materials on-site. Call OCFA Inspection Scheduling at
714-573-6150 with the Service Request number of the approved fire master plan
at least five days in advance to schedule the lumber drop inspection.
Effective: 11/18/2024