Resolution No. 4624404
RESOLUTION NO. 4624
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS, CALIFORNIA, APPROVING DESIGN
REVIEW COMMITTEE NO. 95-42 AND ITS AMENDMENT -
WITH CONDITIONS
The City Council of the City of Cypress hereby finds, resolves, determines, and orders
as follows:
1. That an application was filed for Design Review Committee approval in
accordance with the provisions of Section 18 of the Zoning Ordinance of the City of Cypress
for the construction of two (2) speculative buildings with a total of 112,570 square feet of floor
area located at 10700 Valley View Street and 6100 Gateway Drive.
2. That in accordance with the provisions of Section 18.3 of the City of Cypress
Zoning Ordinance, the Design Review Committee held a meeting on January 11, 1996, at which
time it approved the construction of the 43,000 and 67,570 square foot speculative
office /warehouse buildings located at 10700 Valley View Street and 6100 Gateway Drive in the
PC -4 Planned Community Business Park Zone.
3. That on March 6, 1996, a revised application was filed for Design Review
Committee approval for the construction of two (2) speculative buildings with a revised total
building square footage of 130,000 square feet.
4. That in accordance with the provisions of Section 18.3 of the City of Cypress
Zoning Ordinance, the Design Review Committee held a meeting on April 11, 1996, at which
time it approved the construction of the revised request for the two (2) speculative
office /warehouse buildings located at 10700 Valley View Street and 6100 Gateway Drive in the
PC -4 Planned Community Business Park Zone.
5. That the decision of the Design Review Committee on Design Review Committee
No. 95 -42 and its amendment was reported to the City Council at the next regular Council
meeting following the date of the action by the Committee.
6. That the City Council hereby finds that:
(a) The proposed location of the buildings are in accordance with the
objectives of the Zoning Ordinance and the purpose of the zone in which
the site is located is intended to:
(1) Provide opportunity for a variety of high quality office, industrial
and commercial tenants consistent with City's General Plan and the
Warland /Cypress Business Center Specific Plan;
(2) Provide a range of employment opportunities on -site including
professional, retail and service, and industrial, thereby widening
the employee base of the City of Cypress;
(3) Result in a positive revenue flow to the City of Cypress;
(4) Ensure that the development is perceived as a single, cohesive
business park complex; design measures encompassing
landscaping, signage, setbacks and streetscapes will combine to
establish the unique character of the development;
(5)
Establish flexible development guidelines which will accommodate
future market trends and tenant needs, without sacrificing the
intended high - quality character of the project;
(6) Provide adequate infrastructure to support the specific plan land
uses.
(b) The proposed buildings are consistent with the goals, policies, and
objectives of the City of Cypress General Plan as updated in 1993.
(c) The proposed location of the buildings and the conditions under which
they will 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 buildings are consistent with the applicable
development standards and design guidelines set forth in the
Warland /Cypress Business Center Specific Plan.
(2) The proposed buildings are compatible with surrounding business
park development.
(3)
Sufficient access and parking for the buildings will be provided
onsite.
(d) The proposed buildings implement in part the previously approved
Warland /Cypress Business Center Specific Plan Project.
7. The proposed buildings will comply with each of the applicable provisions of the
Zoning Ordinance, specifically including the PC -4 Planned Community Business Park Zone.
8. On November 26, 1984, the City Council certified a Final Environmental Impact
Report ( "Specific Plan EIR ") in conjunction with the adoption of the Warland /Cypress Business
Center Specific Plan. The Specific Plan EIR analyzed all potential impacts of development of
the 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. This
building is within the scope of the project analyzed in the Specific Plan EIR.
9. 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 "General Plan Update
EIR "). The General Plan Update EIR analyzed the city -wide 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 Warland /Cypress Business Center
Specific Plan and other Business Park Specific Plans. 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. This building is within the scope of the project analyzed in the
General Plan Update EIR.
10. In accordance with Section 21094 of the California Environmental Quality Act and
Sections 15063, 15162, and 15168 of the California Environmental Quality Act Guidelines, an
Environmental Checklist /Initial Study was prepared in conjunction with the application submitted
by Warland Investments Company for approval of Design Review Committee No. 95-42, entitled
the "Initial Study /Environmental Checklist Warland Investments Company Speculative Buildings
Valley View Street /Gateway Drive" (the "Environmental Checklist "). Subsequent to the
preparation of this Initial Study /Environmental Checklist, the project was modified resulting in
the addition of 17,430 square feet of floor area which was then analyzed in the document entitled
"Amended Initial Study /Environmental Checklist Warland Investments Company Speculative
Buildings Valley View Street /Gateway Drive" . The Environmental Checklist concluded that
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with incorporation of the mitigation measures recommended in the Environmental Checklist, the
buildings would not have significant impacts on the environment which were not previously
analyzed and disclosed in the Specific Plan EIR or the General Plan Update EIR.
11. Based on the analysis of the Environmental Checklist, the City Council finds that:
(a) The level of development to date in the Warland /Cypress Business Center
Specific Plan Area is far below the full buildout levels of development
analyzed in the Specific Plan EIR, and the Cypress General Plan Update
EIR;
(b) The impacts of the proposed buildings, including the cumulative impacts,
are equal to or less than those considered in the Specific Plan EIR, and
the General Plan Update EIR and no additional mitigation measures
beyond those recommended in the Environmental Checklist are necessary.
The Specific Plan and the General Plan permit a maximum FAR of 1.0.
This buildings have a combined FAR of .375, well below the maximum.
(c) The proposed buildings will have no additional impacts not analyzed in the
Environmental Checklist;
(d) With incorporation of the mitigation measures recommended in the
Environmental Checklist, including the applicable mitigation measures
adopted in conjunction with the approval of the Specific Plan and the 1993
General Plan Update, the proposed buildings will not have any significant
unmitigatable impacts on the environment, which were not previously
analyzed in the Specific Plan EIR and /or the General Plan Update EIR.
12. The zoning designation for the site and the Specific Plan permits the density of
development on the site which would be permitted by Amendment to Design Review Committee
No. 95 -42. There are no significant impacts upon the environment peculiar to the site which
were not addressed as significant impacts in the Specific Plan EIR or General Plan Update EIR,
or which substantial new information shows would be more significant than described in those
previous EIR's.
13. On September 12, 1994, the City Council approved Development Agreement No.
94 -2 vesting Warland Investments Company's right to develop the Warland /Cypress Business
Center Specific Plan. No challenge to the Development Agreement has been filed and the time
for any such challenge has now expired. In accordance with that Development Agreement the
City has retained the right to process building permits and to undertake design review as
specified in the City's Code. This Design Review approval has been processed and approved
in accordance with the Development Agreement.
14. Although these buildings have been considered using an individual initial
study /environmental checklist, nonetheless cumulative impacts of these buildings together with
the impacts of development of other speculative buildings, the buildout of the entire
Warland /Cypress Business Center have been addressed in the General Plan Update EIR and
Specific Plan EIR. A separate checklist has been utilized in order to simplify the process of
determining whether there are site specific impacts which are unique to these buildings as
compared to the impacts previously anticipated in the Specific Plan EIR and the General Plan
Update EIR. Potential cumulative impacts have been adequately considered because the General
Plan Update EIR was predicated on the assumption that all property in the City would be
developed in accordance with the limits of the General Plan.
15. A subsequent environmental impact report is not required pursuant to Public
Resources Code § 21166 in that:
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(a) There are no substantial changes proposed for the buildings which will
require major revisions of the Specific Plan EIR and the General Plan
Update EIR;
(b) Since the certification of the previous EIRs, no substantial changes in
circumstances in the project area or in the Specific Plan have occurred
requiring major revisions to the Specific Plan EIR and General Plan
Update EIR; and
(c) No new information of substantial importance has become available since
the certification of the Specific Plan EIR or the General Plan Update EIR
which would require any important change in the analysis in those EIRs
or which shows that the buildings will have any significant effects not
discussed in those EIRs, that the effects analyzed will be significantly
more severe than those shown in those EIRs or mitigation measures or
alterations previously found not to be feasible and would substantially
reduce significant effects of the project (the Specific Plan).
16. In conjunction with the adoption of this resolution, the City Council is adopting
the policies and mitigation measures attached hereto as Exhibit "A ", which will avoid all
potential significant impacts of the buildings or mitigate them to levels anticipated in the
previously certified EIRs. In some cases, the mitigation measures contained on Exhibit "A"
vary slightly from the mitigation measures contained in the Environmental Checklist. Any
variance between the conditions attached hereto in Exhibit "A" and those contained in the
negative declaration are minor in nature and required to insure clarity, ease of enforcement, or
avoid duplication.
17. Prior to taking action on this resolution, the City Council reviewed and considered
the Specific Plan, the Specific Plan EIR, the General Plan Update, the General Plan Update EIR,
the Initial Study /Environmental Checklist, the Amended Initial Study /Environmental Checklist,
the traffic study included in the appendix of the original Initial Study, and the mitigated negative
declaration prepared for this approval.
18. The mitigated negative declaration adopted for this approval reflects the
independent judgment of the City Council.
19. Considering the record as a whole, there is no evidence that the proposed
buildings 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.
20. The proposed buildings will comply with each of the applicable provisions of the
Zoning Ordinance except for approved variances or adjustments.
NOW, THEREFORE, BE IT FURTHER RESOLVED that:
1. The City Council of the City of Cypress does hereby approve Design Review
Committee No. 95 -42 and its amendment, 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 Design Review Committee No. 95 -42 and
its amendment and directs the Community Development Director to file a Notice of
Determination with the County Clerk in accordance therewith.
APPROVED AND ADOPTED by the City Council of the City of Cypress at a
regular meeting held on the 22nd day of April , 1996.
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MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA)
COUNTY OF ORANGE )SS
I(ita K
I, LILLIAN M. HAINA, City Clerk of the City of Cypress, California, DO
HEREBY CERTIFY that the foregoing resolution was duly adopted at a regular meeting of the
City Council of the City of Cypress, held on the 22nd day of April , 1996; by the
following roll call vote:
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AYES:
NOES:
ABSENT:
5
0
0
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Age, Carroll, Jones,
Kerry and Bowman
None
None
CITY CLERK OF THE CITY OF CYPRESS
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EXHIBIT "A"
AMENDMENT TO DESIGN REVIEW COMMITTEE NO. 95 -42
CONDITIONS OF APPROVAL
*DENOTES MITIGATION MEASURE
BOLDED CONDITIONS REPRESENT THOSE SPECIFIC TO THIS PROJECT
ENGINEERING CONDITIONS
1. The developer shall conform to all applicable provisions of the Code of the City of
Cypress.
2. A grading and drainage 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 by the City Engineer. 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. Precise grading plans shall include an Erosion, Siltation and Dust Control Plan for the
approval of the City Building Department. The Plan shall include provisions for
mitigation measures such as temporary irrigation, the sedimentation basins, sand bagging,
and a compaction program. The plan shall ensure that discharge of surface runoff from
the site during construction activities shall not result in increased erosion or siltation
discharge to existing drainage facilities. (Mitigation Measure No. 4)
*4. The following erosion control measures shall be implemented in order to limit wind and
water erosion:
A. Minimizing the length of time that soils lie exposed.
B. Regular watering of clearing and grubbed areas, in compliance with City
requirements and South Coast Air Quality Management District Rule 403, as
revised.
C. Establishment of desirable vehicle speeds within construction areas.
• Community Development Department • Planning Division •
410
Exhibit "A"
Amendment to Design Review Committee No. 95 -42
Conditions of Approval
Page 2
D. Protection from wind and water erosion will be the responsibility of the project
applicant and contractor in accordance with the erosion control provisions in the
Construction Documents (subject to review and periodic site inspections by the
City staff. (Mitigation Measure No. 5)
5. A retaining wall per City standards shall be constructed at the property line where the
finish grade difference is greater than twelve inches (12 "). A six -inch (6 ") concrete curb
shall be constructed per City standards to protect all block walls and structures exposed
to vehicular traffic. Grade separation shall not exceed two feet (2') between two (2)
adjacent properties.
6. The developer shall provide adequate "No Parking" controls within the development with
appropriate "No Parking - Fire Lane" signs installed to the satisfaction of the City
Engineer, and County Fire Marshal. Onsite traffic circulation shall be subject to the
approval of the City Engineer.
7. 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.
8. Gateway Drive, adjacent to the parcel, shall be fully improved with sidewalk,
driveway, paving, etc., in accordance with the City's Code requirement of streets.
9. The quantity, location, width, and type of driveways shall be subject to the approval of
the City Engineer. An effective site distance for vehicular traffic shall be maintained at
the intersection of the driveway entrances with Gateway Drive. No landscaping in excess
of three feet (3') high will be allowed in the area of the curb returns. Adequate sight
distance also shall be maintained within the development at all driveway intersections to
the satisfaction of the City Engineer.
10. All utility services shall be underground. Trenching and backfill in streets shall be per
City of Cypress Standard No. 110. Arterials shall be crossed by boring only. In City
streets lateral open cuts spaced within twenty feet (20') of each other shall be covered
with a one inch (1") continuous A.C. cap.
11. 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.
• Community Development Department • Planning Division •
Exhibit "A"
Amendment to Design Review Committee No. 95 -42
Conditions of Approval
411
Page 3
12. Street trees (15 gallon) fifty -two feet (52') on center shall be installed in back of public
sidewalk in conformance to the street tree policy of the Public Works Department and
shall be incorporated with the onsite landscape plan. The type of trees shall be as
required by the City's street tree ordinance. For landscaping within the public right -of-
way, a landscape and irrigation plan shall be submitted for approval by the City and a
bond posted by the applicant to guarantee against any defects in plan materials and
workmanship.
13. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer
laterals shall be plugged at the property line.
14. The developer shall comply with all applicable requirements of the FAA should any
portion of the development encroach within the 100 to 1 imaginary surface surrounding
the Los Alamitos Air Base. Encroachment within the 50 to 1 approach surface will
require approval by the FAA.
*15. The City of Cypress has developed a Citywide Fee to address specific traffic
improvement needs to the General Plan road system. These improvements address future
traffic conditions assuming build -out of the surrounding area. The Citywide Fee is
adopted through Resolution No. 4276 and Ordinance No. 911 and is applicable to this
proposed project. The fee would be applied in accordance with the adopted City
procedures.
Through participation in the adopted fee program, the project would be providing a "fair
share" contribution toward required traffic impacts. For this particular project, the
traffic impacts are anticipated to be less than previously analyzed; therefore, no
additional mitigation should be required for this project. It should be emphasized that
the basis of the Citywide Fee represents full evaluation of cumulative traffic impacts and
the mitigations related to these potential impacts. (Mitigation Measure No. 12)
*16. The City of Cypress has also taken a proactive approach to potential regional impacts of
new development through the adoption of a regional traffic fee. This fee is in addition
to the Cypress Citywide Fee (which addresses local impacts) and would provide
proportionate share funding of impacts to the regional roadway system. The proposed
project would be subject to the regional fee, as well as the local Citywide Fee.
(Mitigation Measure No. 13)
*17. All grading, landform modifications and construction shall be in conformance with state -
of- the - practice design and construction parameters. Typical standard minimum guidelines
regarding regulations to control excavations, grading, earthwork construction, including
• Community Development Department • Planning Division •
412
Exhibit "A"
Amendment to Design Review Committee No. 95 -42
Conditions of Approval
Page 4
fills and embankments, and provisions for approval of plans and inspection of grading
construction are set forth in Chapter 70 of the latest version of the Uniform Building
Code. Compliance with these standards shall be evident on project grading and structural
plans. This measure shall be monitored by the City Public Works Department through
periodic site inspections. (Mitigation Measure No. 3)
18. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Engineering Plan Check & Inspection Fee (Per Resolution 2964).
• Drainage Fee for Master Drainage Plan (Per Resolution 2287)
• City -wide Traffic Improvement Fee (Per Resolution 4348 and current fee
resolution) .
• Regional Traffic Improvement Fee (Per Resolution No. 4400).
• Sanitary Sewer Connection Fee (Per Orange County Sanitation District, No. 3,
Resolution 308).
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• School assessment fees (Mitigation Measure No. 25)
• All applicable Building Department fees.
19. 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 these buildings, 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 seg. - 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.
• Community Development Department • Planning Division •
Exhibit "A"
Amendment to Design Review Committee No. 95 -42
Conditions of Approval
COMMUNITY DEVELOPMENT CONDITIONS
413
Page 5
20. 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.
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. The obligation to provide insurance shall cease with the issuance
of the Certificate of Occupancy.
21. Utilities shall not be released and Certificate of Occupancy shall not be issued until all
applicable conditions of approval of Amendment to Design Review Committee No. 95 -42
have been met to the satisfaction of the Community Development Department.
22. Any business which occupies the buildings shall obtain a Cypress business license prior
to commencement of the business operations.
23. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to a Certificate of Occupancy being issued.
24. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department to insure consistency with Amendment to Design Review
Committee No. 95 -42 prior to the issuance of building permits.
25. 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 painting the structures.
*26. 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. 28)
• Community Development Department • Planning Division •
414
Exhibit "A"
Amendment to Design Review Committee No. 95 -42
Conditions of Approval
Page 6
*27. Building materials and architectural designs should provide for internal as well as
external compatibility with respect to surrounding land uses. Project architectural design
themes are provided for in the Specific Plan, and shall be developed and reviewed during
subsequent more detailed site planning stages. (Mitigation Measure No. 31)
28. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
*29. All roof mounted equipment, such as heating and air conditioning units, shall be
adequately screened from public view in accordance with Specific Plan and General Plan
Guidelines, subject to the approval of City staff. Commercial or industrial developments
which adjoin residentially zoned areas shall construct noise bafflers and /or deflectors on
all mechanical equipment mounted outdoors, to the satisfaction of City staff. (Mitigation
Measure No. 29)
30. The transformer boxes and water valves shall be placed in locations acceptable to the
Community Development Director.
31. The developer shall provide an adequate number of trash 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: Construction bins must be maintained
onsite. Bin rental shall be contracted through Briggeman Disposal.
32. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only. "
*33. Landscaping shall be provided throughout the proposed development to soften visual
impacts and enhance the aesthetic character of the project /Guidelines and regulations for
the planning of project landscaping and its maintenance are set forth in the Specific Plan.
Use of native plant species should be to the maximum extent feasible. (Mitigation
Measure No. 30)
*34. A detailed landscape and automatic irrigation plan shall be submitted to the Community
Development 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. (Mitigation Measure No. 32)
35. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and
of a variety approved by the Community Development Director.
• Community Development Department • Planning Division •
Exhibit "A"
Amendment to Design Review Committee No. 95 -42
Conditions of Approval
415
Page 7
36. 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.
37. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
38. A comprehensive sign program for both building and freestanding monument signs shall
be submitted for Community Development 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 Community Development Department.
39. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
*40. At least 30 days prior to the issuance of building permits for any structure penetrating
the 100:1 imaginary surface, the project proponent shall submit FAA Form 7460 -1,
"Notice of Proposed Construction or Alteration," to the Chief, Air Traffic Division, of
the appropriate FAA regional office 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. 1)
*41. 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. 2)
42. 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.
43. 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.
44. 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.
• Community Development Department • Planning Division •
416
Exhibit "A"
Amendment to Design Review Committee No. 95 -42
Conditions of Approval
Page 8
45. 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.
46. 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.
47. 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.
48. All loading /unloading shall be performed in the loading area of the site only. The
loading platforms and areas shall be screened, if necessary, from Valley View Street
by either dense landscaping, fencing, or similar screening material, in accordance
with the provisions of the Warland /Cypress Business Center Specific Plan.
Screening materials shall be subject to approval by the Design Review Committee.
49. 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 Community Development
Department for review prior to issuance of building permits.
50. 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 Valley View /Gateway Drive Spec.
buildings prior to issuance of Certificate of Occupancy, or as otherwise described
in the Mitigation Monitoring Program.
51. Within forty-eight (48) hours of the approval of this project, the applicant /developer shall
deliver to the Community Development 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 Notice of Determination required under Public Resources Code Section
21152. If, within such forty -eight (48) hour period, the applicant /developer has not
delivered to the Community Development Department the check required above, the
approval for the project granted herein shall be void.
• Community Development Department • Planning Division •
Exhibit "A"
Amendment to Design Review Committee No. 95 -42
Conditions of Approval
417
Page 9
52. The approval of Amendment to Design Review Committee No. 95 -42 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 of each building. In the event the project is phased and one of the
buildings is not constructed within the one (1) year period, the applicant shall be
required to file a new Design Review Committee application for that building.
BUILDING CONDITIONS
53. Applicant /developer shall comply with applicable provisions of the 1994 Uniform
Building, Plumbing and Mechanical Codes, 1994 National Electrical Code, California
Code of Regulations, Title 24, and the Code of the City of Cypress.
54. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed.
55. Applicant /developer shall comply with all disclosure requirements of the Orange County
Fire Authority for hazardous materials use and /or storage and the South Coast Air
Quality Management District for exhaustion of air contaminants.
56. Type 5 cement shall be used for all foundations and slabs on grade, unless otherwise
indicated by the soils engineer.
57. Wheelchair and handicap access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Building Division Standards.
58. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier, unless otherwise indicated by the soils engineer.
59. A soil investigation report shall be submitted with the plans for plan check. Report shall
include soil bearing capacity, seismic study, grading, paving, sulfate test and other
pertinent information under good engineering practice.
*60. The deterioration study for the Cities of Lakewood, La Palma and Cypress, California,
establish accepted safety standards for residual chemical levels in soils. Prior to issuance
of building permits, a soils test shall be submitted to the Building Division verifying that
residual chemical levels are within the safety standards. Any soil remediation within the
accepted safety standards shall be completed prior to issuance of a building permit.
(Mitigation Measure No. 16)
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418
Exhibit "A"
Amendment to Design Review Committee No. 95 -42
Conditions of Approval
Page 10
*61. Any hazardous waste, including oil, gasoline and similar products that is generated onsite
from trucks used for warehouse storage operations shall be transported to an appropriate
disposal facility by a licensed hauler in accordance with the appropriate state and federal
laws. The building Division shall monitor compliance. (Mitigation Measure No. 14)
*62. Any business which uses, handles, stores or disposes of hazardous materials, including
oil and gasoline, shall obtain all appropriate permits and comply with all regulations
administered by the California Department of Health Services. Storage of such materials
shall be conducted in accordance with the City of Cypress' Hazardous Materials
Disclosure Ordinance. Compliance shall be determined by the City when a city business
tax license, if required, or a certificate of occupancy is obtained. (Mitigation Measure
No. 15)
*63. The Initial Study confirms that the noise impacts from the buildings will not exceed
applicable City standards. This development shall at all times meet all applicable
standards of the City's noise ordinance. In accordance with routine City procedures,
prior to the issuance of building permits, the Applicant shall submit an acoustical report
meeting all the requirements of the Uniform Building Code and Title 24 of the California
Code of Regulations, which demonstrates to the satisfaction of the Building Division, that
all project land uses will continue to meet applicable exterior and interior noise
standards, including the City's comprehensive noise ordinance and with respect to any
habitable building proposed for construction within the 60 CNEL Contour for the Los
Alamitos Army Airfield. 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 to mitigate the noise impact from the Los Alamitos Army Airfield. (Mitigation
Measure No. 17)
*64. Construction activities shall be limited to the hours of between 7 a.m. and 8 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. Compliance with this measure is subject to field inspections by City
staff. (Mitigation Measure No. 18.)
*65. Prior to issuance of building permits, the applicant shall submit for approval of City
Building Division, 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. 6)
*66. Prior to issuance of building permits, applicant shall obtain coverage under the NPDES
Statewide Industrial Stormwater Permit for General Construction Activities from the State
• Community Development Department • Planning Division •
Exhibit "A"
Amendment to Design Review Committee No. 95 -42
Conditions of Approval
419
Page 11
Water Resources Control Board. Evidence this has been attained shall be submitted to
the City Building Division. (Mitigation Measure No. 7)
*67. Prior to 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. 8)
*68. Construction of the project shall comply with SCAQMD Rule 403, as revised. The
applicant shall also obtain approval of a dust control plan from the Building Division
prior to issuance of each grading or building permit. Dust - reduction measures shall
include regular watering of graded surfaces, restriction of all construction vehicles and
equipment to travel along established and regularly watered roadways, and suspending
operations that create dust during windy conditions (winds greater than 25 mph).
(Mitigation Measure No. 9)
*69. The applicant shall comply with the Subdivision Map Act, Building Energy Efficient
Standards and State and local laws for energy conservation. Compliance shall be
determined by the Building Division during building plan review. (Mitigation Measure
No. 10)
*70. The project shall comply with thermal regulations for the commercial and industrial
sector, as specified in CM #90 E- C -1A,2B and CM #90 E -C -2, as described in the General
Plan. The Engineering Division shall enforce compliance during the development plan
review process. (Mitigation Measure No. 11)
*71. The project applicant is subject to school assessment fees pursuant to California State
law. The applicant shall provide evidence of compliance to the City prior to the issuance
of building permits. (Mitigation Measure No. 25)
*72. The developer of the project shall work in conjunction with affected utility agency (GTE)
to assure that adequate services and facilities are provided. (Mitigation Measure No. 26)
FIRE CONDITIONS
73. 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. All fire
hydrants located within 300 feet of the building shall be shown on the plans.
• Community Development Department • Planning Division •
420
Exhibit "A"
Amendment to Design Review Committee No. 95 -42
Conditions of Approval
Page 12
74. 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.
75. Prior to the issuance of any building permits, an Orange County Fire Authority Water
Availability Form shall be submitted to and approved by the Engineering Section of the
Orange County Fire Authority. If sufficient water to meet fire flow requirements is not
available, an automatic fire extinguishing system shall be installed in each structure.
76. Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall have
a "Blue Reflective Pavement Marker" indicating its location on the street or drive per the
Orange County Fire Authority Standard. On private property, these markers are to be
maintained in good condition by the property owner.
77. Prior to the issuance of any building permits, 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.
78. 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.
79. Prior to the issuance of any building permits, the applicant shall submit a detailed letter
of intended use for each building.
80. Prior to the issuance of building permits, 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.
81. Prior to the issuance of any building permits, contact the Orange County Fire Authority
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.
Applicable only if hazardous materials will be handled, used, or stored onsite.
82. The following notes shall be provided on the site plan:
• Community Development Department • Planning Division •
Exhibit "A"
Amendment to Design Review Committee No. 95 -42
Conditions of Approval
421
Page 13
A. Fire Authority Final Inspection Required. Schedule inspection 2 days in advance.
Phone (714) 527 -9447.
B. Locations and classifications of extinguishers to be determined by the fire
inspector.
C. Buildings not approved for high pile combustible storage. Materials in closely
packed piles shall not exceed 15 feet in height, 12 feet on pallets or in racks and
6 feet for tires, plastics and some flammable liquids if high stock piling, comply
with UFC, Art 81 and NFPA Std. 231, 231C and 231D. If high pile storage is
anticipated, contact Larry Garcia at 744 -6623 for further information.
D. Plans of modifications to or new fire protection, detector or alarm system(s) shall
be approved by the Fire Authority prior to installation.
E. Storing, dispensing or use of any flammable and combustible liquids, flammable
and compressed gases and other hazardous materials shall comply with Uniform
Fire Code Regulations.
F. Provide architectural plans for exiting from building /structure. Information
should include Exit signs, doors, hardware, etc.
*83. The proposed project shall include a water system of sufficient capacity and pressure for
the proposed land uses and fire protection. (Mitigation Measure No. 19)
*84. Sufficient accessibility for fire - fighting equipment shall be provided. The Orange County
Fire Authority shall review precise development proposals to ensure adequate access and
fire protection facilities. (Mitigation Measure No. 20)
*85. 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. 21)
*86. All buildings shall be constructed to conform with applicable state and City building
codes. (Mitigation Measure No. 22)
*87. The proposed project shall include a water system of sufficient capacity and pressure for
the proposed land uses and fire protection. Sufficient acceptability for fire - fighting
equipment shall be provided. The Orange County Fire Authority shall review precise
• Community Development Department • Planning Division •
422
Exhibit "A"
Amendment to Design Review Committee No. 95 -42
Conditions of Approval
Page 14
development proposals to ensure adequate fire protection facilities. (Mitigation Measure
No. 23)
POLICE CONDITIONS
88. A lighting plan for the exterior of the building and for all parking lots shall be
submitted to the Cypress Police Department for approval prior to the issuance of
building permits.
89. 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.
*90. 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. 24)
Effective 4/22/96
• Community Development Department • Planning Division •