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Resolution No. 5990RESOLUTION NO. 5990 A RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 2006-08 - 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 a conditional use permit in accordance with the provisions of Section 4.19.070 of the Zoning Ordinance of the City of Cypress to construct a 13,780 square foot Walgreens Drug Store with a Drive -Thru Pharmacy on the property located at the southeast corner of Valley View Street and Lincoln Avenue within the PC Planned Community Zone, Lincoln Avenue Specific Plan area. 2. That the City Council, after proper notice thereof, duly held a public hearing on said application as provided by law. 3. That the City Council hereby finds that: a. The proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purpose of the PC Zone in which the site is located, which is: Intended to provide the opportunity for design and development of integrated master - planned projects in areas of the City which may benefit from special design standards and to permit a compatible mix of land uses. b. The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity in that: (1) The proposed drug store use is consistent with the zoning and the General Plan land use designation of the area. (2) The proposed building would be consistent with the development standards of the PC Zone and the Lincoln Avenue Specific Plan. (3) Sufficient access and parking for the building will be provided onsite. c. The proposed conditional use will comply with each of the applicable provisions of the Lincoln Avenue Specific Plan and Cypress Zoning Ordinance. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Conditional Use Permit No. 2006 -08, subject to the conditions attached hereto as Exhibit "A ". PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 13th day of November, 2006. R OF THE CITY OF CYPRESS ATTEST: Otkat 06,0A0GM INTERIM CITY CLERK OF THE CITY OF CYPRESS 259 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 260 I, DENISE BASHAM, Interim City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 13th day of November, 2006, by the following roll call vote: AYES: 3 COUNCIL MEMBERS: McCoy, McGill and Seymore NOES: 2 COUNCIL MEMBERS: Luebben and Sondhi ABSENT: 0 COUNCIL MEMBERS: None INTERIM CITY CLERK OF THE CITY OF CYPRESS 261 EXHIBIT "A" Conditional Use Permit No. 2006 -08 Walgreens Drug Store — 6006 Lincoln Avenue CONDITIONS OF APPROVAL Note: * Denotes Mitigation Measures from the Walgreens Drug Store Initial Study/ Environmental Checklist. Bolded conditions represent those specific to this project. GENERAL CONDITIONS 1. Unless and until the project applicant and property owner sign and return a City - provided affidavit accepting these conditions of approval, there shall be no entitlement of the application. The project applicant and property owner shall have fifteen (15) calendar days to return the signed affidavit to the Community Development Department. Failure to do so will render City Council action on the application void. 2. The developer shall defend, indemnify, and hold harmless, the City and any agency thereof, or any of its agents, officers, and employees from any and all claims, actions, or proceedings against the City or any agency thereof, or any of its agents, officers or employees, to attack, set aside, void or annul, an approval of the City, or any agency thereof, advisory agency, appeal board, or legislative body, including actions approved by the voters of the City, concerning the project, which action is brought within the time period provided in Government Code Section 66499.37 and Public Resources Code, Division 13, CH. 4 (§ 21000 et seq. - including but not by way of limitation § 21152 and 21167). City shall promptly notify the developer of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action and should the City fail to either promptly notify or cooperate fully, developer shall not thereafter be responsible to defend, indemnify, or hold harmless the City. 3. 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. 4. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued. 5. All applicable conditions of Conditional Use Permit No. 2006 -08 shall be complied with prior to occupancy of the subject building. • Community Development Department • Planning Division • 262 Exhibit "A" Conditional Use Permit No. 2006 -08 Conditions of Approval Page 2 6. All business activity shall occur within the building. Temporary use permits may be granted for outdoor activity in accordance with Section 35, Division 10, of the Cypress Zoning Ordinance. 7. 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 - Recorder in the amount of Forty -Three Dollars ($43.00) County administrative fee, to enable the City to file the Certificate of Fee Exemption in accordance with the Notice of Determination pursuant to Fish and Game Code §711.4 and California Code of Regulations, Title 14, section 753.5. 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. 8. Any and all correction notice(s) generated through the plan check and/or inspection process is /are hereby incorporated by reference as conditions of approval and shall be fully complied with by the owner, applicant and all agents thereof. ENGINEERING CONDITIONS 9. The applicant/developer shall comply with all provisions of the Code of the City of Cypress. All requirements of the State Subdivision Map Act, and the City's Subdivision Ordinance shall be satisfied. A lot line adjustment shall be recorded with the County of Orange prior to issuance of Building Permits. 10. Drainage shall be solved to the satisfaction of the City Engineer. 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. Onsite landscape 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 %). Opening in back wall of catch basin, at south adjacent property, shall be closed per City standards. 11. 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 "), as measured from the highest finished grade. A six -inch (6 ") concrete curb shall be constructed per City standards to protect all block walls and structures exposed to vehicular traffic. The property lines shall have a single block wall • Community Development Department • Planning Division 263 Exhibit "A" Conditional Use Permit No. 2006 -08 Conditions of Approval Page 3 unless the Developer obtains and submits to the City, the written permission or denial of the adjacent property owner denying permission to remove the existing block wall. Grade separation shall not exceed two feet (2') between two (2) adjacent properties. 12. The developer shall provide adequate "No Parking" controls within the development and appropriate "No Parking - Fire Lane" signs shall be installed per California Vehicle Code 22658, to the satisfaction of the City Engineer and County Fire Marshal. The developer of this project shall provide adequate speed control within the development to the satisfaction of the City Engineer. Onsite traffic circulation shall be subject to the approval of the City Engineer. 13. Left turn directional movements for vehicles exiting the site shall be indicated through the use of signing and pavement markings at driveways off Lincoln Avenue and Valley View Street. Directional arrows shall also be provided in the parking lot area as illustrated on the approved site plan. The size of the directional arrows shall be submitted to the City for approval prior to painting. 14. Disabled access facilities shall be installed in accordance with the requirements of the Federal Americans with Disabilities Act (ADA) and State of California Title 24. Accessible path of travel shall be provided for all buildings. 15. 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. 16. 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 Lincoln Avenue and Valley View Street. No landscaping in excess of three feet (3') high will be allowed in the area of curb returns. Adequate sight distance also shall be maintained within the development at all driveway intersections to the satisfaction of the City Engineer. 17. All utility services shall be underground. Trenching and backfill in streets shall be per City of Cypress Standard No. 109. 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. 18. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer laterals connected to existing buildings at the property shall be plugged at the property line. 19. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: • Final Subdivision Map Filing (Per Resolution No. 4001) • Community Development Department • Planning Division • 264 Exhibit "A" Conditional Use Permit No. 2006 -08 Conditions of Approval • Public Works Plan Check & Inspection (Per Resolution 5069). • Drainage Fee for Master Drainage Plan (Per Resolution 2287). • City -wide traffic Improvement (Per Res. 4348 and current fee Resolution). • Regional Traffic Improvement (Per Resolution No. 4400.) • Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD- 09). • Grading Plan Check and Permit (Per Resolution 5069). • All applicable Building Division fees. Page 4 *20. Prior to issuance of grading permits, the applicant shall submit for approval of the City Public Works 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 HWQ1) *21. Precise grading plans shall include an Erosion, Siltation and Dust Control Plan for the approval of the City Building Division. The Plan's provisions may include sedimentation basins, sand bagging, soil compaction, revegetation, temporary irrigation, scheduling and time limits on grading activities, construction equipment restrictions onsite. This plan shall also demonstrate compliance with South Coast Air Quality Management District Rule 403, which regulates fugitive dust control. (Mitigation Measure GEO3) 22. Installation of Cable T.V. shall be subject to the City Ordinance No. 726. Prior to construction, the developer shall contact Time Warner for specifications and procedures for pre -wire of the building and installation of the service wiring. Necessary permits shall be obtained at the City. STORMWATER QUALITY CONDITIONS 23. For those applications involving New Development: a. The applicant shall submit a project specific Water Quality Management Plans (Project WQMPs) in accordance with the Section A -7.6 and Exhibit A -7.IV of the Council adopted Local Implementation Plan if the application meets any of the following criteria: (1) The development qualifies as one of the priority project categories listed as follows: residential development of 10 units or more; commercial and industrial development greater than 100,000 square feet including parking areas; automotive repair shop (SIC codes 5013, 5014, 5541, 7532 -7534, and 7536- 7539); • Community Development Department • Planning Division • 265 Exhibit "A" Conditional Use Permit No. 2006 -08 Conditions of Approval Page 5 (2) The development is a restaurant where the land area of development is 5,000 square feet or more including parking areas (SIC code 5812); (3) The development involves an impervious surface of 2,500 square feet or more located within, directly adjacent to (within 200 feet), or discharging directly to receiving water within Environmentally Sensitive Areas; or (4) The development involves a parking lot area of 5,000 square feet or more, or with 15 or more parking spaces, and potentially exposed to urban runoff or the development does not qualify as one of the Priority Project Categories but requires discretionary action that will include a precise plan of development (unless the Development Services Director deems the project as exempt from this requirement) or requires issuance of a non - residential plumbing permit predominantly for changes to fuel dispensers. The applicant shall include in its WMQP identification of the relevant best management practices in the project design if such project meets one of the categories for priority project designation noted above. 24. For those applications involving Significant Redevelopment, where the "Significant Redevelopment" consists of development that would create or add at least 5,000 square feet of impervious surfaces on an already developed site and includes, but is not limited to: the expansion of a building footprint; addition to or replacement of a structure; replacement of an impervious surface that is not part of a routine maintenance activity; or where the "Significant Redevelopment" consist of land disturbing activities related with structural or impervious surfaces but does not include trenching and resurfacing associated with utility work; resurfacing and reconfiguring surface parking lots; or where the "Significant Redevelopment" consist of new sidewalk construction, pedestrian ramps, or bike lane on public and private existing roads; and replacement of damaged pavement. Replacement of impervious surfaces includes any activity that is not part of a routine maintenance activity where impervious material(s) are removed, exposing underlying soil during construction. a. The applicant shall submit project specific Water Quality Management Plans (Project WQMPs) in accordance with the Section A -7.6 and Exhibit A -7.IV of the Council adopted Local Implementation Plan the application meets any of the following criteria: (1) The development qualifies as one of the priority project categories listed as follows: residential development of 10 units or more; commercial and industrial development greater than 100,000 square feet including parking areas; automotive repair shop (SIC codes 5013, 5014, 5541, 7532 -7534, and 7536- 7539); (2) Restaurant where the land area of development is 5,000 square feet or more including parking areas (SIC code 5812); impervious surface of 2,500 square feet or • Community Development Department • Planning Division • 266 Exhibit "A" Conditional Use Permit No. 2006 -08 Conditions of Approval Page 6 more located within, directly adjacent to (within 200 feet), or discharging directly to receiving water within Environmentally Sensitive Areas; (3) Parking lot area of 5,000 square feet or more, or with 15 or more parking spaces, and potentially exposed to urban runoff or the development does not qualify as one of the Priority Project Categories but requires discretionary action that will include a precise plan of development (unless the Development Services Director deems the project as exempt from this requirement) or requires issuance of a non- residential plumbing permit predominantly for changes to fuel dispensers. 25. The applicant shall include in its WMQP identification of the relevant best management practices in the project design if such project meets one of the categories for priority project designations noted above, except where the "Significant Redevelopment" results in an increase of less than fifty percent of the impervious surface of a previously existing development, and the existing development was not subject to WQMP requirements, the WMQP requirements apply only to the addition, and not to the entire development. 26. For those applications involving any development that is required to submit a WQMP, the applicant shall conform to the following requirements: a. WQMP's for priority new or significant redevelopment must address site design BMPs, routine structural and non - structural Source Control BMPs, Treatment Control BMPs, including consideration of a regional or watershed approach, and the mechanism(s) by which long -term operation and maintenance of all structural BMPs will be provided while non - priority new or significant redevelopment must address routine structural and non - structural Source Control BMPs, consideration of Site Design BMPs, and the mechanism(s) by which long -term operation and maintenance of all structural BMPs will be provided. b. The applicant shall submit the WQMP prior at one or both points in the project planning and permitting stage as determined by the Director of Development Services: i. During the discretionary approval process (land use permit) of a proposed project, when the City would exercise judgment or deliberation in order to approve or disapprove a new development or significant redevelopment project, or ii. During the ministerial approval process of issuing a grading, building, demolition, or similar "construction" permits in which only fixed standards or objective measures are applied. c. For projects that require submittal of construction plans, the applicant for plan check must incorporate all of the structural BMPs identified in an approved Project • Community Development Department • Planning Division • 267 Exhibit "A" Conditional Use Permit No. 2006 -08 Conditions of Approval Page 7 WQMP and therefore, the applicant is required to obtain approval of the final Project WQMP prior to submitting construction plans for plan check. d. Prior to the issuance of any grading or building permits for projects that will result in soil disturbance of one or more acres of land, the applicant shall demonstrate that coverage has been obtained under California's General Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. Projects subject to this requirement shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for City review on request. e. Prior to the issuance of any building or grading permits or prior to recordation upon subdivision of land if determined applicable by Director of Development Services, the applicant shall submit to the City for review and approval a Water Quality Management Plan that: i. Addresses Site Design BMPs such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas ii. Incorporates the applicable Routine Source Control BMPs as defined in the DAMP iii. Incorporates Treatment Control BMPs as defined in the DAMP iv. Generally describes the long -term operation and maintenance requirements for the Treatment Control BMPs, v. Identifies the entity that will be responsible for long -term operation and maintenance of the Treatment Control BMPS, and vi. Describes the mechanism for funding the long -term operation and maintenance of the Treatment Control BMPs. f. Prior to building or grading permit close -out and/or the issuance of a certificate of use or a certificate of occupancy, the applicant shall: i. Demonstrate that all structural best management practices (BMPs) described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications, ii. Demonstrate that applicant is prepared to implement all non - structural BMPs described in the Project WQMP, iii. Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite, • Community Development Department • Planning Division • 268 Exhibit "A" Conditional Use Permit No. 2006 -08 Conditions of Approval g. Page 8 iv. Demonstrate that a mechanism or agreement acceptable to the City has been executed for the long -term funding and performance of BMP operation, maintenance, repair, and/or replacement. v. For industrial facilities subject to California's General Permit for Stormwater Discharges Associated with Industrial Activity as defined by Standard Industrial Classification (SIC) code, demonstrate that coverage has been obtained by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the notification of the issuance of a Waste Discharge Identification (WDID) Number. Submit for review and approval by the City an Operations and Maintenance (O &M) Plan for all structural BMPs. The plan must include the following: i. Structural BMPs ii. Employee responsibilities and training for BMP operation and maintenance iii. Operating schedule iv. Maintenance frequency and schedule v. Specific maintenance activities vi. Required permits from resource agencies, if any vii. Forms to be used in documenting maintenance activities viii. Notification to Orange County Vector Control District of the structural BMPs in place ix. Recordkeeping requirements (at least 5 years) x. If a property owner or a private entity, such as a homeowners association (HOA), retains or assumes responsibility for operation and maintenance of structural BMPs, the applicant will require access for inspection through an agreement. Such access easements shall be binding throughout the life of the project, or until the BMPs requiring access are acceptably replaced with a BMP not requiring access. Funding for the long -term operation and maintenance of structural BMPs will be front - funded, or otherwise guaranteed via mechanisms such as approved assessment districts, or other funding mechanisms. h. The applicant shall obtain a separate public works permit for any BMP that is required within the public right of way. During the rainy season from October 1 to April 30, any BMP that is placed in front of a storm drain catch basin or inlet shall be placed at the beginning of the workday and removed at the end of each workday to reduce any potential for flooding. The applicant shall monitor if rain is expected, to remove the BMP during the workday. Prior to the issuance of a building or grading permit, the applicant shall include the following as general or special notes on both the building and grading plan sheets for new development or significant redevelopment projects and shall adhere to the note requirements: • Community Development Department • Planning Division • 269 Exhibit "A" Conditional Use Permit No. 2006 -08 Conditions of Approval Page 9 i. Sediment from areas disturbed by construction shall be retained on site using structural controls to the maximum extent practicable. ii. Stockpiles of soil shall be properly contained to minimize sediment transport from the site to streets, drainage facilities or adjacent properties via runoff, vehicle tracking, or wind. iii. Appropriate BMPs for construction - related materials, wastes, spills or residues shall be implemented to minimize transport from the site to streets, drainage facilities, or adjoining properties by wind or runoff. iv. Runoff from equipment and vehicle washing shall be contained at construction sites unless treated to reduce or remove sediment and other pollutants. v. All construction contractor and subcontractor personnel are to be made aware of the required best management practices and good housekeeping measures for the project site and any associated construction staging areas. vi. At the end of each day of construction activity all construction debris and waste materials shall be collected and properly disposed in trash or recycle bins. vii. Construction sites shall be maintained in such a condition that an anticipated storm does not carry wastes or pollutants off the site. Discharges of material other than stormwater are allowed only when necessary for performance and completion of construction practices and where they do not: cause or contribute to a violation of any water quality standard; cause or threaten to cause pollution, contamination or nuisance; or contain a hazardous substance in a quantity reportable under Federal Regulations 40 CFR Parts 117 and 302. viii. Potential pollutants include but are not limited to: solid or liquid chemical spills; wastes from paints, stains, sealants, glues, lime, pesticides, herbicides, wood preservatives and solvents, asbestos fibers, paint flakes or stucco fragments; fuels, oils, lubricants, and hydraulic, radiator or battery fluids; concrete, detergent or floatable wastes; wastes from any engine /equipment steam cleaning or chemical degreasing; and super chlorinated potable water line flushings. ix. During construction, disposal of such materials should occur in a specified and controlled temporary area on -site physically separated from potential stormwater runoff, with ultimate disposal in accordance with local, state and federal requirements. x. Dewatering of contaminated groundwater, or discharging contaminated soils via surface erosion is prohibited. Dewatering of non- contaminated groundwater requires a National Pollutant Discharge Elimination System (NPDES) permit from the respective State Regional Water Quality Control Board." 27. The applicant shall implement the following project specific conditions with regards to water quality: • Community Development Department • Planning Division • 270 Exhibit "A" Conditional Use Permit No. 2006 -08 Conditions of Approval Page 10 a. Prior to the issuance of any building permits, the applicant shall include in the plans any urban runoff control measures deemed necessary by the Building Official for those situation where the threshold of a WQMP may not be met but where the project requires urban control runoff measures. b. Prior to issuance of certificates of use and occupancy or building permits for individual tenant improvements or construction permits for a tank or pipeline, uses shall be identified and, for specified uses, the applicant shall propose plans and measures for chemical management (including, but not limited to, storage, emergency response, employee training, spill contingencies and disposal). The chemical management measures shall be incorporated as an element of a Water Quality Management Plan and shall be subject to the approval of the City Building Official and other specified agencies such as the Fire Authority/Fire Department, the Orange County Health Care Agency and sewering agencies to ensure implementation of each agency's respective requirements. Certificates or permits may be ministerial withheld if features needed to properly manage chemicals cannot be incorporated into a previously completed building, center or complex. COMMUNITY DEVELOPMENT CONDITIONS 28. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Community Development Department. 29. The applicant or business operator shall obtain a Cypress business license prior to commencement of the business operation. 30. Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 2006 -08 will require an amendment to the permit. 31. All requirements of the Orange County Fire Marshal's office shall be complied with prior to a Certificate of Occupancy being issued. 32. Architectural features identified in the Lincoln Avenue Specific Plan shall be incorporated into the building design to the satisfaction of the Community Development Department. 33. All architectural treatments shall be constructed as illustrated on plans and renderings submitted. The final exterior color scheme shall be submitted to City staff for review and approval prior to actually painting the structure. *34. On -site security lighting shall be arranged so that direct rays will not shine on or produce glare for adjacent street traffic (Mitigation Measure AES1). The final field installation of all lights shall be subject to the approval of the Community Development Department. 35. All roof mounted equipment, such as heating and air conditioning units, shall be adequately screened from public view subject to the approval of City staff. • Community Development Department • Planning Division • 271 Exhibit "A" Conditional Use Permit No. 2006 -08 Conditions of Approval Page 11 36. The transformer boxes and water valves shall be placed in locations acceptable to the Community Development Director. The location of all boxes and valves on the site shall be approved by the City prior to installation. 37. 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 Consolidated Disposal, or the City's current disposal provider. 38. Where feasible, buildings shall install refuse compacting equipment to substantially reduce the number of refuse hauling trips and allow for more effective and sanitary disposal. 39. 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. 40. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. 41. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a variety approved by the Community Development Director. 42. 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. 43. 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 "City of Cypress" shall be added in script lettering to the monument sign in the area between the Walgreens text and the base of the sign to the satisfaction of the Community development Department. 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. 44. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 45. 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 graffiti which threatens the appearance. 46. 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. • Community Development Department • Planning Division • 272 Exhibit "A" Conditional Use Permit No. 2006 -08 Conditions of Approval Page 12 47. 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. 48. 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. *49. Construction activities shall be limited to the hours of between 7:00 a.m. and 7:00 p.m. Monday through Saturday. No construction activity shall be allowed on Sunday. In addition, construction equipment should be equipped with effective muffling devices. Compliance with this measure is subject to field verification by City staff (Mitigation Measure N1). *50. Deliveries shall be limited from 7:00 a.m. to 10:00 p.m. Monday through Saturday, and 9:00 a.m. to 9:00 p.m. on Sundays and Federal holidays (Mitigation Measure N2). 51. The project shall comply with all mitigation measures referenced in the Mitigated Negative Declaration for Conditional Use Penuit No. 2006 -08 prior to issuance of a Certificate of Occupancy. 52. A new perimeter wall shall be installed along the east property line of the project site. The wall shall consist of a three -foot (3') high section of wrought iron on top of a three foot (3') high split -faced concrete block wall base. The area along the east property line, located between the block wall and the driveway area, shall contain a minimum three foot (3') wide sidewalk and three foot (3') wide landscaped area. In the event an adjacent property owner does not grant permission to remove the existing property line walls, the developer shall construct the new wall as close as possible to the existing wall. The gap between the new and any existing block walls shall be filled to the satisfaction of the City. A wall plan showing the location and construction of the new wall shall be submitted to the Planning Division for review and approval prior to the issuance of building permits. A landscape plan indicating the type of screening material shall also be submitted to the Planning Division for approval at least sixty (60) days prior to the issuance of a Certificate of Occupancy for the building. 53. A new thirty -six inch (36 ") high block wall shall be provided along the south property line of the project site The area between the block wall and the parking lot area shall contain a minimum three foot (3') wide sidewalk and three foot (3') wide landscaped area. A pedestrian access shall be provided at the southeast corner of the site between the subject property and the College 54. Minimum twenty -four inch (24 ") box size trees shall be planted along the south property line of the project site at a spacing of thirty feet (30') on center. • Community Development Department • Planning Division • 273 Exhibit "A" Conditional Use Permit No. 2006 -08 Conditions of Approval Page 13 55. The vehicle directional signs located on each side of the driveway along the eastern portion of the project site shall read, "Do not Enter — Wrong Way ". 56. A lot line adjustment application shall be approved by the City and recorded with the County of Orange prior to the issuance of building permits. BUILDING CONDITIONS 57. Applicant/developer shall comply with applicable provisions of the 2001 California Building, Plumbing, Electrical, and Mechanical Codes, the 2001 California Administrative Code, Title 24, and the Code of the City of Cypress. 58. An automatic fire sprinkler system, approved by the Fire Marshal, will be required. 59. 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 60. Type 5 cement shall be used for all foundations and slabs on grade. 61. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. moisture barrier. *62. All structures shall be designed as confirmed during the building design plan checking, to withstand anticipated groundshaking caused by future earthquakes within an acceptable level of risk, i.e., high risk zone, as designated by the City's latest adopted edition of the Building Code. (Mitigation Measure GEO1) *63. Prior to issuance of a grading permit, a site specific geologic and soils report shall be prepared by a registered geologist or soils engineer and submitted to the City Building Division for approval. The report shall specify design parameters necessary to remediate any soils and geologic hazards. (Mitigation Measure GEO2) 64. A soil investigation report shall be submitted with the plans for plan check. The report shall include soil bearing capacity, seismic study, in compliance with the Seismic Hazard Mapping Act of the State of California, grading, paving, sulfate test and other pertinent information under good engineering practice. 65. Prior to final certificate of occupancy, as required by California State Health and Safety Code, Section 19850, the applicant shall submit to the Cypress Building Division, 35mm microfilm copies of the approved plans on standard aperture cards, to serve as the official file copy of the approved building plans. In lieu of microfilm, the applicant can provide plans on CD -rom with self loading software or other format approved by the building official. • Community Development Department • Planning Division • 274 Exhibit "A" Conditional Use Permit No. 2006 -08 Conditions of Approval Page 14 *66. Project construction/demolition activities 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- reducing 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 AQ1) 67. The following erosion control measures shall be implemented in order to limit wind and water erosion: • Minimizing the length of time the soils lie exposed. • Regular watering and clearing of grubbed areas, in compliance with City requirements and South Coast Air Quality Management District Rule 403, as revised. • Establishment of 15 mile per hour (mph) vehicle speed limit within construction areas. • Protection from wind and water erosion shall be the responsibility of the applicant and contractor in accordance with the erosion control provisions in the Construction Documents (subject to review and periodic site inspection by City staff.) 68. Construction bins for non - recyclable and recyclable materials generated from any construction site (residential and non - residential) must be placed "on site" out of the public right -of -way unless a permit is obtained from the Public Works Department *69. Prior to issuance of building permits, the developer shall demonstrate to 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 UTIL1) 70. Building plans shall be stamped by a licensed engineer. 71. A pre - grading SWPP inspection is required prior to grading permit issuance. All required grading stormwater BMP's shall be installed and inspected by the building division prior to release of the grading permit. FIRE AUTHORITY CONDITIONS 72. Prior to the issuance of any building permits, the applicant shall obtain approval of the Fire Chief for all fire protection access roads to within 150 feet of all portions of the exterior of every structure on site. Please contact the OCFA at (714) 573 -6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access." • Community Development Department • Planning Division • 275 Exhibit "A" Conditional Use Permit No. 2006 -08 Conditions of Approval Page 15 73. Prior to the issuance of a building permit, the applicant shall provide evidence of adequate fire flow. The "Orange County Fire Authority Water Availability for Fire Protection" form shall be signed by the applicable water district and submitted to the Fire Chief for approval. 74. Prior to the issuance of a building permit, the applicant shall submit plans for the required automatic fire sprinkler system in the structure to the Fire Chief for review and approval. Please contact the Orange County Fire Authority at (714) 744 -0499 to request a copy of the "Orange County Fire Authority Notes for New NFPA 13 Commercial Sprinkler Systems." 75. Prior to the issuance of a certificate of use and occupancy, the fire sprinkler system shall be operational in a manner meeting the approval of the Fire Chief. 76. Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief a list of all hazardous, flammable and combustible liquids, solids or gases to be stored, used or handled on site. These materials shall be classified according to the Uniform Fire Code and a document submitted to the Fire Chief with a summary sheet listing the totals for storage and use for each hazard class. The applicant may contact the OCFA at (714) 573- 6100 or visit the OCFA website to obtain a copy of the "Guideline for Completing Chemical Classification Packets. ". 77. Prior to the issuance of a building permit, the applicant shall submit plans and obtain approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet in width. The plans shall indicate the locations of red curbs and signage and include a detail of the proposed signage including the height, stroke and color of lettering and it's contrasting background. Please contact the Orange County Fire Authority at (714) 744- 0499 or visit the Orange County Fire Authority website for a copy of the "Guideline for Emergency Access Roadways and Fire Lane Requirements. 78. Prior to the issuance of any certificate of use and occupancy, the fire lanes shall be installed in accordance with the approved fire lane plan. The CC &R's, or other approved documents, shall contain a fire lane map and provisions which prohibit parking in the fire lanes and a method of enforcement. POLICE CONDITIONS 79. 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. 80. All exterior emergency exits shall have locking hardware designed to be locked from the exterior and unlocked from the interior. 81. Onsite lighting shall consist of down drafted pole lighting. All onsite lighting shall be prohibited from creating glare for the surrounding developments and streets. • Community Development Department + Planning Division • 276 Exhibit "A" Conditional Use Permit No. 2006 -08 Conditions of Approval CITY COUNCIL CONDITIONS Page 16 82. The existing buildings shall be razed within 4 months of the final expiration date of the last lease currently in force on the site. Further, there shall be a maximum of sixty (60) calendar days between the demolition of the current buildings on this site and the submittal of the plans to the City for building plan check. Construction of the project shall commence within sixty (60) days of all building permits being available. Failure to comply with these milestones will render the conditional use permit invalid. 83. The applicant shall agree to provide a list of commercial brokers and /or alternative retail locations to all interested business tenants of the commercial center at least sixty (60) days prior to the termination of their leases. Effective: 11 -13 -2006 (Revised) • Community Development Department • Planning Division •