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.
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Exhibit "A"
Conditional Use Permit No. 2006 -08
Conditions of Approval
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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
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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)
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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);
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Conditions of Approval
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(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
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Exhibit "A"
Conditional Use Permit No. 2006 -08
Conditions of Approval
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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
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Exhibit "A"
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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,
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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:
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Exhibit "A"
Conditional Use Permit No. 2006 -08
Conditions of Approval
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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:
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Conditions of Approval
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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.
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Exhibit "A"
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Conditions of Approval
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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.
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Exhibit "A"
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Conditions of Approval
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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.
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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.
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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.
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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 •