Resolution No. 5879286
RESOLUTION NO. 5879
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 2005 -14 AND DESIGN REVIEW COMMITTEE
PERMIT NO. 2005 -03 - 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 and Design
Review Committee permit in accordance with the provisions of Sections 4.19.060 and
4.19.070 of the Zoning Ordinance of the City of Cypress to construct a new 12,500
square foot retail commercial center on a currently vacant 1.241 acre site located at the
northeast corner of Katella Avenue and Winners Circle within the PBP (Planned Business
Park) Zone and within Area 5 of the Cypress Business and Professional Center Specific
Plan.
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 PBP Planned Business
Park Zone in which the site is located, which is:
Established to allow for the comprehensive, integrated development
of compatible and complementary educational, professional and
administrative office, commercial centers, industrial park, open
space, or any public and semi - public uses or combination of uses in
a campus -like setting.
b. The proposed location of the conditional uses and the conditions
under which they would be operated or maintained will meet the public need and
necessity as they relate to alcohol related uses and 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 subject commercial center would be compatible with
surrounding office, retail commercial and hotel uses located within the same
PBP Planned Business Park Zone.
(2) The proposed commercial uses are listed as conditionally
permitted uses within Area 5 of the Cypress Business and Professional
Center Specific Plan as they are part of an overall commercial center of
over ten (10) acres.
(3) The proposed development is consistent with the applicable
development standards of both the Cypress Business and Professional
Center Specific Plan and the Cypress Zoning Code and a companion
Administrative Adjustment for a setback reduction can be justified.
c. The proposed conditional uses will comply with each of the
applicable provisions of the Cypress Zoning Ordinance and the Cypress Business
and Professional Center Specific Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Conditional Use Permit No. 2005 -14 and Design
Review Committee Permit No. 2005 -03, subject to the conditions attached hereto as
Exhibit "A ".
287
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 11th day of July, 2005.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
uQtAct
CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, JILL R. GUERTIN, 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 11th day of July, 2005, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Luebben, McCoy, Seymore and McGill
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Sondhi
os' CLERK OF THE CITY OF CYPRESS
288
EXHIBIT "A"
Conditional Use Permit No. 2005 -14
Design Review Committee Permit No. 2005 -03
NE Corner of Katella Avenue and Winners Circle
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
1. 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.
2. 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, and employees
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.
3. These entitlements shall be null and void in the event that the escrow with Jones
Development Group, LLC does not close or if the DDA for the properties is
terminated. The applicant/developer shall comply with all provisions of the Code of
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. 2005 -14 /Design Review
Committee Permit 2005 -03 shall be complied with prior to occupancy of the
subject buildings.
• Community Development Department • Planning Division •
289
Exhibit "A"
C.U. P. No. 2005 -14/D. R.C. No. 2005 -03
Conditions of Approval
Page 2
6. All business activity except for outdoor dining shall occur within the building.
Temporary use permits may be granted for other outdoor activity in accordance
with the applicable provisions 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. 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 study 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. 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 %).
10. A six -inch (6 ") concrete curb shall be constructed per City standards to protect all
block walls and structures exposed to vehicular traffic.
11. 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 Section 22658, to the satisfaction of the Building Official
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.
• Community Development Department • Planning Division •
290
Exhibit "A"
C.U. P. No. 2005 -14/D. R. C. N o. 2005 -03
Conditions of Approval
Page 3
12. 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.
13. 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, on site parking, irrigation and similar facilities shared
between the parcels.
14. All public improvements shall be per City of Cypress Standard Plans. All grading
plans, street improvement plans, and sewer and storm drain plans shall be in ink
on 24 "x36" Mylar with City title block on all sheets. 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.
15. Installation of CATV shall be subject to city Ordinance No. 726. Prior to
construction, the developer shall contact Comcast (888/255 -5789) or Time
Warner AOL (714/903 -4000) for specifications and procedures fo pre -wire of the
building and installation of service wiring. Necessary city permits shall be
obtained.
16. 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.
17. All requirements of the State Subdivision Map Act and the city's subdivision
ordinance shall be satisfied. A Lot Line Adjustment shall be recorded prior to
issuance of building permits.
18. Street trees (24 inch box) shall be installed in conformance with the provisions of
the Cypress Municipal Code as well as the provisions of the Cypress Business and
Professional Center Specific Plan. The number of trees shall be determined by
dividing the frontage of the property, including driveways, by 40 and rounding up.
Trees shall be evenly spaced with a minimum 50 feet from street tree to street
corner curb line. Type of trees shall conform to the City's Street Tree Ordinance.
With prior approval of City Engineer, street trees may be replaced by trees planted
in conjunction with an approved on -site landscape plan. Landscaping in Public
Right -of -Way shall be installed and maintained by the developer.
• Community Development Department • Planning Division •
291
Exhibit "A"
C.U. P. No. 2005 -14/D. R.C. No. 2005 -03
Conditions of Approval
Page 4
19. 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.
20. The developer shall comply with all requirements of the FAA should any portion of
the development encroach within the 100 to 1 imaginary surface surrounding the
Joint Forces Training Center, Los Alamitos. Encroachment within the 50 to 1
approach surface will require approval by the FAA.
21. 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. A soils report
for all planting areas, prepared by a qualified agricultural laboratory, shall be
submitted to the Public Works Department for approval at least thirty (30) days
prior to planting date. Test results shall include concentration of nitrogen,
phosphorus, potassium, ph, salinity, sodium status, and boron saturation extract.
22. All trash enclosures are to be covered with structures in compliance with water
quality provisions.
23. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• 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.
24. The developer shall comply with the Citywide Fee (Resolution No. 4348), which
requires payment of fees based on the size and use of the development.
25. The developer shall comply with the Citywide Fee (Resolution No. 4400), which
requires payment of fees based on the size and use of the development.
• Community Development Department • Planning Division •
292
Exhibit "A"
C.U. P. No. 2005- 14 /D.R.C.No. 2005 -03
Conditions of Approval
Page 5
26. Developer /property owner shall obtain a Notice of Intent from the State of
California Regional Quality Control Board, as the 1.241 acre site will result in the
disturbance of one (1) acre or more. A copy of the Notice of Intent
acknowledgment from the State of California Regional Water Quality Control
Board must be submitted to the City of Cypress before issuance of grading
permits.
27. Prior to issuance of grading permits, Best Management Practices (BMP's) shall
be developed in compliance with Orange County's municipal NPDES permit
program. Specific measures shall include:
• Siltation of drainage devises shall be handled through a maintenance
program to remove silt/dirt from channels and parking areas.
• Surplus or waste materials from construction shall not be placed in
drainage ways or within the 100 -year floodplain surface waters.
• All loose piles of soil, silt, clay, sand, debris, or other earthen materials
shall be protected in a reasonable manner to eliminate any discharge to
waters of the State.
• During construction, temporary gravel or sandbag dikes shall be used as
necessary to prevent discharge of earthen materials from the site during
periods of precipitation or runoff.
• Stabilizing agents such as straw, wood chips and /or soil sealant/dust
palative shall be used during the interim period after grading in order to
strengthen exposed soil until permanent solutions are implemented.
• Revegetated areas shall be continually maintained in order to assure
adequate growth and root development.
• ALL trash enclosures shall be covered and finished in a manner
consistent with the architecture of the balance of the site.
28. The developer /property owner shall submit a SWPPP which identifies
construction and post construction BMP's to the Engineering Division for review
and approval.
29. Prior to issuance of building permits, the applicant shall submit for approval of
City Building Division, a Water Quality Management Plan (WQMP) specifically
identifying Best Management Practices (BMP's) that shall be used on -site to
control predicable pollutant runoff.
• Community Development Department • Planning Division •
293
Exhibit "A"
C.U. P. No. 2005 -14 /D.R.C.No. 2005 -03
Conditions of Approval
Page 6
30. The developer shall submit a Storm Water Pollution Prevention Plan and a
Water Quality Management Plan which identifies construction and post
construction Best Management Practices (BMP's) to the Engineering Division for
review and approval. The project shall also incorporate measures as specified in
the County of Orange Drainage Area Management Plan (DAMP) to help control
runoff. Examples of BMP's and control measures are included in the California
Storm Water Best Management Practices Handbook, Industrial /Commercial and
Construction Activity, March 1993 and the County of Orange Drainage Area
Management Plan (1993).
31. Precise grading plans shall include an Erosion, Siltation and Dust Control Plan
for the approval of the City Building Department. 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.
32. All catch basins are to be installed with fossil filters and stenciling in compliance
with water quality provisions.
COMMUNITY DEVELOPMENT CONDITIONS
33. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
34. The applicant shall obtain a Cypress business license prior to commencement of
the business operation. All center tenants shall obtain business licenses prior to
the commencement of operations.
35. Any expansion or modification of the approved use beyond what is approved as
part of Conditional Use Permit No. 2005 -14 /Design Review Committee Permit No.
2005 -03 will require an amendment to the Conditional Use Permit/Design Review
Committee Permit as applicable.
36. All requirements of the Orange County Fire Marshal's office, shall be complied with
prior to a Certificate of Occupancy being issued.
37. Architectural elevations and site plans shall be reviewed and approved by the
Community Development Department prior to the issuance of building permits.
• Community Development Department • Planning Division •
294
Exhibit "A"
C.U. P. No. 2005 -14/D. R.C. No. 2005 -03
Conditions of Approval
Page 7
38. 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.
39. On -site lighting shall be arranged so that direct rays will not shine on or produce
glare for surrounding uses or prove to be a nuisance for motorists.
40. 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. Further,
all electrical conduit leading to switch gear shall be screened /shielded to the
satisfaction of the Community Development Department. Electrical
rooms /switchgear areas shall be finished to match the building exterior.
41. The transformer boxes and water valves shall be placed in locations acceptable to
the Community Development Department.
42. 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. As stated in condition
27, these enclosures shall be covered in a manner architecturally consistent with
the site to prevent water intrusion and runoff.
43. 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.
44. 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.
45. Landscape irrigation pipes and sprinkler heads shall be maintained in good
working order so as to cover all landscaped areas.
46. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size
and of a variety approved by the Community Development Director.
47. 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.
• Community Development Department • Planning Division •
295
Exhibit "A"
C.U. P. No. 2005 -14 /D.R.C.No. 2005 -03
Conditions of Approval
Page 8
48. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
49. 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.
50. 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.
51. 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.
52. 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.
53. Prior to the issuance of building permits for any habitable building proposed for
construction within the 60 CNEL contour from the Joint Forces Training Base, Los
Alamitos, the project proponent shall submit to the City of Cypress an acoustical
analysis report. 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 along with evidence that the sound attenuation measures
specified in the report have been incorporated with the design of the project.
54. Prior to issuance of building permits (at least 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 applicant shall comply with all appropriate
FAA standards and requirements. The findings of the FAA shall be transmitted
to the City of Cypress prior to application for building permits.
55. The City shall prohibit any structure that is determined to be a "hazard" by FAA
because the proposed structures: 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 navigation to and from the airport.
56. Grading and exterior building construction are limited to the hours of 7:00 AM. to
8:00 PM Monday through Friday, and 9:00 AM to 8:00 PM on Saturday, only if the
• Community Development Department • Planning Division •
296
Exhibit "A"
C.U. P. No. 2005 -14/D. R.C. No. 2005 -03
Conditions of Approval
Page 9
City's noise standards are exceeded. Interior building construction and tenant
improvements shall be limited to the hours of 7:00 AM to 8:00 PM, Monday
through Saturday, only if the City's noise standards are exceeded.
57. Grading and exterior building construction activities, as well as interior building
construction shall be limited to the days and hours specified in the City's Noise
Ordinance and the agreement previously recorded between the Cypress
Redevelopment Agency and Costco Wholesale Corporation. In addition,
construction equipment shall be equipped with effective muffling devices.
Compliance with this measure is subject to field inspection by City staff.
59. Mechanical devices associated with the cleaning and maintenance of real property
may be used within any zone between the hours of 7:00 AM and 8:00 PM on
weekdays and between the hours of 8:00 AM and 8:00 PM on weekends and
federal holidays. Such devices include but are not limited to stationary or mobile
pumps, fans, compressors, generators, blowers, and sweepers. The use of such
devices for such purposes is prohibited at all other times.
60. The project shall comply with all mitigation measures as referenced in the Negative
Declaration for the Walker- Katella Retail Project prior to issuance of Certificate of
Occupancy.
61. No overnight parking of vehicles shall be permitted, except those used in
conjunction with the permitted uses. No loading or unloading of trucks shall be
conducted on Sundays.
62. The City Council shall maintain the right to review the business hours of operation
and may, subject to a public hearing, limit the business hours should substantiated
complaints be received that the business hours are creating an adverse impact
upon neighboring properties. The business hours of operation in relation to truck
dock activity shall be limited from 7 a.m. to 7 p.m. and shall be limited to Monday
through Saturday; no Sunday trucking activities shall be permitted. Late night or
early morning deliveries shall be specifically prohibited. All loading /unloading shall
be performed in the loading areas only or, if no facilities are available from
designated parking areas. No fire lanes or drive aisles shall be blocked or
impacted by delivery vehicles.
63. The developer shall pay to the City of Los Alamitos, a Traffic Mitigation
Contribution fee of one (1) dollar for each square foot of new building construction
in accordance with paragraph 7.b of the Cypress Business and Professional
Center Traffic Mitigation Agreement.
• Community Development Department • Planning Division •
297
Exhibit "A"
C.U. P. No. 2005 -14 /D.R.C.No. 2005 -03
Conditions of Approval
Page 10
64. The developer shall at all times fully comply with all Mitigation Measures and the
Mitigation Monitoring Program created for this development.
65. The developer acknowledges that a Mitigation Monitoring Program exists for the
Cypress Business and Professional Center Specific Plan and that that Program
may pose Mitigation Measures on this property in the future.
BUILDING CONDITIONS
66. 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 Cypress City Code.
67. An automatic fire sprinkler system, approved by the Fire Marshal, will be required
for all buildings 6000 square feet or larger.
68. 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 or air contaminants.
69. Type 5 cement shall be used for all foundations and slabs on grade.
70. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10
mil. moisture barrier.
71. 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.
72. 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.
73. 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 Uniform Building Code.
74. Construction bins for non - recyclable and recyclable materials generated from any
construction site (residential and non - residential) must be placed "on site" out of
• Community Development Department • Planning Division •
298
Exhibit "A"
C.U. P. No. 2005 -14/D. R.C. No. 2005 -03
Conditions of Approval
Page 11
the public right -of -way. (Example: street side of curb is public right -of -way. Not
allowed).
75. An acoustical report shall be submitted with the plans for plan check. The report
shall meet all requirements of the Uniform Building Code and Title 24 of the State
Administrative Code.
76. 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.
77. 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).
78. 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, applicant may provide plans on CD Rom with self - loading software or
other format approved by the Building Official.
79. 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.)
• Community Development Department • Planning Division •
299
Exhibit "A"
C.U. P. No. 2005 -14 /D.R.C.No. 2005 -03
Conditions of Approval
Page 12
80. Prior to issuance of building permits, the applicant shall obtain coverage under
NPDES Statewide Industrial Stormwater Permit for General Construction
Activities from the State Water Resources Control Board. Evidence that this has
been obtained shall be submitted to the City Engineering Division.
FIRE AUTHORITY CONDITIONS
81. Prior to the issuance of a building permit, the applicant shall submit to the Fire
Chief evidence of the onsite 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 a building permit. The applicant shall make
provisions for the repair and maintenance of the system, in a manner meeting the
approval of the Fire Chief.
82. Prior to the issuance of any certificate of use and occupancy, all fire hydrants
shall have a blue reflective pavement marker indicating the hydrant location on
the street or drive per the Orange County Fire Authority Standard as approved by
the Fire Chief. These markers are to be maintained in good condition by the
property owner.
83. 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 for
approval to the Orange County Fire Authority.
84. Prior to the issuance of a building permit, the applicant shall submit plans for any
required automatic fire sprinkler system in any structure to the OCFA for review
and approval.
85. Prior to the issuance of a certificate of use and occupancy, this system shall be
operational in a manner meeting the approval of the Fire Chief.
86. Prior to the issuance of any grading permits, the applicant shall submit and
obtain approval of plans for all roads, streets and courts, public or private, from
the Fire Chief in consultation with the City staff. The plans shall include the plan
view, sectional view, and indicate the grade and width of the street or court
measured flow line to flow line. All proposed fire apparatus turnarounds shall be
approved by the Fire Chief and if needed, clearly marked when a dead -end
street exceeds 150 feet or when otherwise required.
87. 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
• Community Development Department • Planning Division •
300
Exhibit "A"
C.U. P. No. 2005- 14 /D.R.C.No. 2005 -03
Conditions of Approval
Page 13
less than 36 feet in width. 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.
88. 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. The method of enforcement shall be documented.
89. Prior to the issuance of a building permit, the applicant shall submit to the Fire
Chief a list of the quantities of all hazardous, flammable and combustible
materials, liquids or gases to be stored, used, or handled on site. These liquids
and materials shall be classified according to the Uniform Fire Code using the
"Guidelines for Completing Chemical Classification Packets." The submittal 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.
90. Prior to the issuance of a building permit, the applicant shall contact the Orange
County Fire Authority Hazardous Materials Disclosure Section at (714) 744 -0463
to obtain a "Hazardous Materials Disclosure Chemical Inventory and Business
Emergency Plan Packet." This shall be completed and submitted to the Fire
Chief prior to the issuance of a building permit. (Source: Cypress Municipal
Code Section 143- 11(b).)
91. Prior to the issuance of a building permit for combustible construction, the builder
shall submit a letter on company letterhead stating that water for fire - fighting
purposes and the all weather fire protection access roads shall be in place and
operational before any combustible material is placed on -site. Approval shall
be subject to an on -site inspection prior to the issuance of a building
permit.
92. Prior to approval of a site development/use permit or the issuance of a building
permit, whichever occurs first, the applicant shall submit plans for the review and
approval of the Fire Chief as indicated on the OCFA Plan Submittal Criteria form.
Contact the Orange County Fire Authority at (714) 744 -0499 for a copy of the
Fire Safety Site /Architectural Notes to be placed on the plans prior to submittal.
93. Prior to issuance of a building permit, plans for an approved fire - suppression
system for the protection of commercial -type cooking equipment shall be
submitted to the Fire Chief for review and approval. This system shall be
• Community Development Department • Planning Division •
301
Exhibit "A"
C.U. P. No. 2005 -14 /D.R.C.No. 2005 -03
Conditions of Approval
operational prior to the issuance of a certificate of use and occupancy.
Page 14
94. Prior to the issuance of a building permit, plans for the fire alarm system shall be
submitted to the Fire Chief for review and approval. This system shall be
operational prior to the issuance of a certificate of use and occupancy.
POLICE CONDITIONS
95. A lighting plan for the exterior of the building and for all parking Tots shall be
submitted to the Cypress Police Department for approval prior to the issuance of
building permits. The parking area shall be well lit to help prevent cars from
being burglarized while patrons are in the center. Pathways and common areas
shall also have adequate lighting for shoppers and employees leaving the
businesses late at night. Final modifications (if warranted) shall be made after
installation and an onsite inspection conducted by department personnel.
96. All exterior emergency exits shall have locking hardware designed to be locked
from the exterior and unlocked from the interior.
97. Onsite lighting shall consist of down drafted pole lighting, except in the loading
dock area which may be building mounted. All onsite lighting shall be prohibited
from creating glare for the surrounding developments and streets.
98. As there are no loading docks for the tenants of Buildings 1 and 2, delivery
vehicles must utilize the front access points to the businesses. These delivery
trucks shall utilize existing parking areas and shall not block drive aisles.
Effective: 7 -11 -2005
• Community Development Department • Planning Division •