Resolution No. 4831105
RESOLUTION NO. 4831
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, APPROVING DESIGN REVIEW COMMITTEE NO. 97 -17 WITH
CONDITIONS
THE CITY COUNCIL OF THE CITY OF THE 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 a two (2) speculative building development located on the 6.33 acre parcel,
known as Parcel 5 of the Warland /Cypress Business Center Specific Plan Area, located at the
southwest corner of Katella Avenue and Warland 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 July 10, 1997, at which
time it approved the construction of the proposed two (2) speculative building development.
3. That the decision of the Design Review Committee on Design Review Committee
No. 97 -17 was reported to the City Council at the next regular Council meeting following the
date of the action by the Committee.
4. That the City Council hereby finds that:
(a) The proposed location of the building is in accord with the objectives of
the Zoning Ordinance and the purpose of the zone in which the site is
located is intended to:
(1)
Provide opportunity for a variety of high quality office, industrial
and commercial tenants consistent with the City's General Plan and
the Warland /Cypress Business Center Specific Plan;
(2) Provide a range of employment opportunities onsite 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;
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.
(5)
(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 would be operated or maintained will not be detrimental to the public
health, safety or welfare or be materially injurious to properties or
improvements in the vicinity in that:
(1) The proposed 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.
Sufficient access and parking for the buildings will be provided
onsite.
(3)
(d) The proposed buildings implement in part the previously approved
Warland /Cypress Business Center Specific Plan Project.
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5. 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.
6. 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. 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.
7. On February 8,1993, the City certified the Cypress General Plan Update EIR in
conjunction with the adoption of the City's 1993 General Plan Update (the "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 previously assumed in the Specific Plan EIR. 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.
8. The zoning designation for the site and the Specific Plan permits the density of
development on the site which would be permitted by Design Review Committee No. 97 -17.
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.
9. 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.
10. Although the development has 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 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.
11. A subsequent environmental impact report is not required pursuant to Public
Resources Code § 21166 in that:
(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 building 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).
12. 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 EIR's. In some cases, the mitigation measures contained on Exhibit "A"
2
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.
13. 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 traffic study included in the appendix of the Initial
Study, and the mitigated negative declaration prepared for this approval.
14. The mitigated negative declaration adopted for this approval reflects the
independent judgment of the City Council.
15. 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 or 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.
16. 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. 97 -17, subject to the conditions of approval 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. 97 -17,
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 28th day of July , 1997.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
a..
CI ERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
107
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
said City Council held on the 28th day of July , 1997, by the following roll
call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Jones, Keenan, Piercy
and Carroll
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
3
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EXHIBIT "A"
DESIGN REVIEW COMMITTEE NO. 97 -17
CONDITIONS OF APPROVAL
*DENOTES MITIGATION MEASURES
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. Upon separate ownership of parcels, reciprocal easements shall be recorded and
agreements filed with the City governing joint use and maintenance of drive approaches,
drainage, onsite parking, irrigation system, etc.
3. 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 %).
*4. 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)
*5. 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 and clearing of 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.
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
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Exhibit "A"
Design Review Committee No. 97 -17
Conditions of Approval
Page 2
Construction Documents (subject to review and periodic site inspections by the
City staff). (Mitigation Measure No. 5)
6. Where an existing block wall is removed, the Developer shall provide suitable temporary
fencing for all adjacent properties during construction of the perimeter walls. 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 adjacent
properties.
7. The developer shall provide adequate "No Parking" controls within the development and
appropriate "No Parking - Fire Lane" signs shall be 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.
8. 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.
9. The quantity, location, width, and type of driveways shall be subject to the approval of
the City Engineer. An effective sight distance for vehicular traffic shall be maintained at
the intersection of the driveway entrances. 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. Street trees (15 gallon) fifty -two feet (52') on center shall be installed in back of public
sidewalk in conformance to the street tree policy of the Public Works Department and
shall be incorporated with the onsite landscape plan. The type of trees shall be as
required by the City's street tree ordinance. Landscaping in Public Right -of -Way shall be
maintained by the developer. 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 plant materials and workmanship.
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Exhibit "A"
Design Review Committee No. 97 -17
Conditions of Approval
Page 3
12. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer
laterals connecting existing buildings at this property shall be plugged at the property line.
13. The developer shall comply with all applicable FAA requirements 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.
*14. 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. 11)
*15. The City of Cypress has 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.
12)
*16. Prior to issuance of building permits, the applicant shall submit for approval of City
Building Department, a Water Quality Management Plan (WQMP) specifically
identifying Best Management Practices (BMPs) that will be used on -site to control
predictable pollutant runoff. (Mitigation Measure No. 6)
*17. Prior to issuance of building permits, the applicant shall obtain coverage under the
NPDES Statewide Industrial Stormwater Permit for General Construction Activities form
the State Water Resources Control Board. Evidence of this has been attained shall be
submitted to the City Building Department. (Mitigation Measure No. 7)
• Community Development Department • Planning Division •
Exhibit "A"
Design Review Committee No. 97 -17
Conditions of Approval
Page 4
111
18. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Engineering Plan Check & Inspection Fee (Per Resolution 2964).
• 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. 24)
• All applicable Building Division 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 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 (§ 2100 et sea. - 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 CONDITIONS
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
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Exhibit "A"
Design Review Committee No. 97 -17
Conditions of Approval
Page 5
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.
21. Utilities shall not be released and Certificate of Occupancy shall not be issued until all
conditions of approval of Design Review Committee No. 97 -17 have been met to the
satisfaction of the Community Development Department.
22. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
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 Design Review Committee No. 97-
17 prior to the issuance of building permits. The final exterior color scheme shall be
submitted to City staff for review and approval prior to actually painting the structure.
*25. Building materials and architectural designs should provide for internal as well as external
compatibility with respect to surrounding land uses. 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. 30)
*26. Architectural design, including materials and colors used in the 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. 27)
27. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
*28. Roof design shall require architectural review by the City prior to issuance of building
permits and shall include shielding of mechanical equipment including air conditioner,
fans and duct work, and use of roof materials and assembly techniques which appear
finished and attractive in accordance with Specific Plan and General Plan guidelines.
(Mitigation Measure No. 28).
29. The transformer boxes and water valves shall be placed in locations acceptable to the
Community Development Director.
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Exhibit "A"
Design Review Committee No. 97 -17
Conditions of Approval
Page 6
30. The developer shall provide an adequate number of trash enclosures onsite and at a
location acceptable to City staff. Construction bins must be maintained onsite. Bin rental
shall be contracted through Briggeman Disposal.
31. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only."
*32. Landscaping shall be provided throughout the proposed development to soften the visual
impacts and enhance the aesthetic character. Guidelines and regulations for the planning
of 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. 29)
*33. At least sixty days prior to Certificate of Occupancy, a detailed landscaping plan for all
streetscapes and perimeter areas and remaining landscaping areas on the site shall be
submitted by the applicant and approved by the City. (Mitigation Measure No. 31)
34. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of
a variety approved by the Community Development Director.
35. 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.
36. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
37. 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.
38. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
*39. Prior to the issuance of building permits (a least thirty (30) days prior) for development
proposed within the study area which would penetrate the 100:1 imaginary surface, the
development 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. 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)
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Exhibit "A"
Design Review Committee No. 97 -17
Conditions of Approval
Page 7
*40. 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)
41. 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.
42. 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.
43. 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.
44. 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.
45. Within forty-eight (48) hours of the approval of the project, the applicant/developer shall
deliver to the Community Development Department a check payable to the County Clerk
Recorder 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.
46. The project shall comply with all applicable mitigation measures as referenced in the
Negative Declaration prior to issuance of Certificate of Occupancy.
BUILDING CONDITIONS
47. Applicant/developer shall comply with applicable provisions of the 1994 Uniform
Building, Plumbing and Mechanical Codes, 1993 National Electrical Code, California
Code of Regulations, Title 24, and the Code of the City of Cypress.
48. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed.
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Exhibit "A"
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Conditions of Approval
Page 8
49. 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.
50. Type 5 cement shall be used for all foundations and slabs on grade, unless otherwise
indicated by the soils engineer.
51. Wheelchair and handicap access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Building Department standards.
52. 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.
53. 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.
*54. Prior to construction, soils shall be reviewed for agricultural pesticide levels to assure that
the site does not contain significant levels of such substances. The applicant shall consult
with the Department of Pesticide Regulation to determine the significance of any
pesticides found on -site and required remediation. (Mitigation Measure No. 15)
*55. The applicant is subject to school assessment fees pursuant to California State law. The
applicant shall provide evidence of compliance to the City prior to issuance of building
permits. (Mitigation Measure No. 24)
56. The Initial Study confirms that the noise impacts from the building will not exceed of
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 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.
*57. 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
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Exhibit "A"
Design Review Committee No. 97 -17
Conditions of Approval
Page 9
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. 17)
*58. 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
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 Building and Safety Department
through periodic site inspections. (Mitigation Measure No. 3)
*59. 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. 26)
*60. 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. 8)
*61. 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. 9)
*62. The development 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. 10)
*63. Any hazardous waste, including paint, oil, gasoline and similar products that is generated
on -site 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. 13)
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Exhibit "A"
Design Review Committee No. 97 -17
Conditions of Approval
Page 10
*64. 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.
14)
*65. Prior to issuance of building permits, the applicant shall submit evidence, to the
satisfaction of the Building Division, that all proposed land uses will meet applicable
exterior and interior noise standards, including the City's Comprehensive Noise
Ordinance. (Mitigation Measure No. 16)
*66. The developer shall work in conjunction with affected utility agency (GTE) to assure that
adequate services and facilities are provided. (Mitigation Measure No. 25)
67. Construction bins for non - recyclable and recyclable materials generated from any
construction site must be placed "onsite" out of the public right -of -way. (Example:
Street side of curb is public right -of -way and therefore not allowed.)
FIRE AUTHORITY CONDITIONS
68. Prior to the issuance of grading permits, the applicant shall submit water improvement
plans to the Fire Chief for review and approval to ensure adequate fire protection and
financial security is 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.
69. Prior to the issuance of any building permits for combustible construction, the developer
shall submit and obtain the Fire Chief's approval of a letter and plan stating that water for
fire fighting purposes and an all weather fire access road shall be m place and operational
as required by the Uniform Fire Code before any combustible materials are placed on the
site.
70. Prior to the issuance of any grading permits, an Orange County Fire Authority Water
Availability Form shall be submitted to and approved by the Plan Review 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, m a
manner meeting the approval of the Fire Chief.
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Exhibit "A"
Design Review Committee No. 97 -17
Conditions of Approval
Page 11
71. 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 and approved by the Fire Chief. On private
property, these markers are to be maintained in good condition by the property owner.
72. Prior to the issuance of any grading permits on those parcel(s) determined applicable by
the Fire Chief, 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.
73. Prior to the issuance of any building permits, the applicant shall submit a detailed letter of
intended use for each building to the Fire Chief for review and approval.
74. Prior to the issuance of any grading permits, the applicant shall submit and obtain
approval of preliminary plans for all streets and courts, public or private, from the Fire
Chief in consultation with the Manager, Traffic Engineering. The plans shall include the
plan view, section view, and indicate the width of the street or court measured flow line
to flow line. All proposed fire apparatus turnarounds shall be clearly marked when a
dead -end street exceeds 150 feet or when other conditions require it.
75. Prior to the issuance of any grading permits, the applicant shall submit and obtain
approval from the Fire Chief for street improvement plans with fire lanes shown. The
plans shall indicate the locations of red curbing and signage. A drawing of the proposed
signage with the height, stroke and color of lettering and the contrasting background color
shall be submitted to and approved by the Fire Chief. Prior to the issuance of the
certificate of use and occupancy the approved fire lane marking plan shall be installed.
76. Prior to the issuance of any grading permits, the applicant shall submit and obtain the Fire
Chief's approval of the construction details for any access gate. Contact the Orange
County Fire Authority Plan Review Section at (714) 744 -0403 for a copy of the
"Guidelines for Fire Department Emergency Access."
77. Prior to the issuance of any grading permits, the applicant shall submit to the Fire Chief
evidence of the on -site fire hydrant system and indicate whether it is public or private. If
the system is private, the system shall be reviewed and approved by the Fire Chief prior
to issuance of building permits. Provisions shall be made by the applicant for the repair
and maintenance of the system, in a manner meeting the approval of the Fire Chief.
78. Prior to the issuance of any grading permits, a note shall be placed on the map stating that
all structures to be built shall be protected by an automatic fire sprinkler system, in a
manner meeting the approval of the Fire Chief.
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Exhibit "A"
Design Review Committee No. 97 -17
Conditions of Approval
Page 12
79. Prior to the issuance of grading permits, the applicant shall obtain approval of the Fire
Chief of all fire protection access easements and shall dedicate them to the City. The
approval of the Fire Chief is required for any modifications such as speed bumps, control
gates or other changes in within said easement.
80. Prior to the approval of any grading permits, or building permits, whichever occurs first, the
applicant shall submit to the Fire Chief a list of the quantities of all hazardous, flammable
and combustible materials, liquids or gases. These liquid and materials are to be classified
according the "Orange County Fire Department Chemical Classification Handout." The
applicant shall provide a summary sheet listing each hazard class, the total quantity of
chemicals stored per class and the total quantity of chemicals used in that class. All forms
of materials are to be converted to units of measure in pounds, gallons and cubic feet.
Compressed gases and compressed liquefied gases are to be converted to cubic feet.
81. Prior to the issuance of any grading permits, the applicant shall 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.
82. Prior to the approval or issuance of grading permits, the applicant shall submit plans for
the review and approval of the Fire Chief. The applicant shall include information on the
plans required by the Fire Chief. Contact the Orange County Fire Authority Plans
Review Section at (714) 744 -0403 for the Fire Safety Site /Architectural Notes to be
placed on the plans.
83. Prior to installation, plans for the fire alarm system shall be submitted to and approved by
the Fire Chief. This system shall be operational prior to the issuance of a Certificate of
Use and Occupancy.
*84. The proposed use shall include a water system of sufficient capacity and pressure for the
proposed land uses and fire protection. (Mitigation Measure No. 18)
*85. 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. 19)
*86. 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. 20)
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Exhibit "A"
Design Review Committee No. 97 -17
Conditions of Approval
Page 13
*87. All buildings shall be constructed to conform with applicable state and City building
codes. (Mitigation Measure No. 21)
*88. The proposed use 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
development proposals to ensure adequate fire protection facilities. (Mitigation Measure
No. 22)
POLICE CONDITIONS
89. 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.
90. All exterior emergency exits shall have locking hardware designed to be locked from the
exterior and unlocked from the interior.
*91. 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. 23)
PHASING CONDITIONS
92. Within twelve (12) months following the date on which the Design Review Committee
approval became effective, Warland Investments Company shall obtain a grading
permit for the development site.
93. Within twenty -four (24) months following the date on which the Design Review
Committee approval became effective, Warland Investments Company shall have
completed or commenced fmal grading of the site and have obtained building permits
for both the R & D and the Office building.
Revised 7/29/97
• Community Development Department • Planning Division •