Resolution No. 55831
RESOLUTION NO. 5583
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE
ONE -YEAR EXTENSION OF CONDITIONAL USE PERMIT NO. 2001 -06 - 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 one -year extension of Conditional Use Permit
No. 2001 -06 (until July 9, 2003) in accordance with the provisions of Section 35, Division 7 of the
Zoning Ordinance of the City of Cypress, to allow the construction and operation of an unmanned
water well and pump station on a 3,500 square -foot outdoor lease area, located at 5755
Orangewood Avenue on a parcel currently developed with an industrial/warehouse building, within
the PC -4 Planned Community Business Park Zone.
2. That the City Council, after proper notice thereof, duly held a public hearing on said
application as provided by law. At the public hearing held on July 8, 2002, City Council meeting,
the City Council considered the staff report and all information, testimony, evidence and written
comments presented during the public review period and at the public hearing.
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 -4 Zone in which the site is located, which is
intended to:
(1) Implement the Cypress General Plan with respect to improving the
physical characteristics of the area.
(2) Allow for a well designed business park, which can respond to
changing future market conditions.
(3)
Provide for a physical mix of land uses within the project area
including business park commercial and office uses; with business
park uses to include light manufacturing, assembly plants and
facilities, research and development, and storage and warehousing
with wholesale distribution permitted subject to the approval of a
conditional use permit.
(4) Establish a development program through which a quality business
environment may be realized, to further provide a range of
employment opportunities, and to implement a variety of commercial,
office, and industrial land uses.
(5) Realize land uses which are compatible with surrounding uses and
which take advantage of site characteristics.
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 time extension does not change the previously
approved project description or the previously adopted findings for approval of the
project as follows.
(2) The Warland/Cypress Business Center Specific Plan sets forth
permissible land uses but does not mandate any particular mix of uses. The
Specific Plan was designed to provide for multiple uses, and flexibility to address
future market conditions. Statistics regarding the buildout to date demonstrate
that the Plan area has in fact been dedicated to a wide variety of business park
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uses. As set forth in the Specific Plan, the proposed public utility use is a
conditionally permitted use in the Specific Plan area.
(3) The proposed public use is compatible with the surrounding business
park and residential uses.
(4) The design of the proposed water well facility buildings, and
perimeter walls are consistent and compatible with the adjacent
industrial/warehouse building on the same property.
(5) Sufficient access and parking for the proposed water well facility
will be provided onsite.
(6) A noise study has been conducted, which has identified mitigation
measures to offset potential noise impacts resulting from the drilling, testing,
construction, and ongoing operation of the proposed water well and pump station
facility. With the implementation of these mitigation measures the proposed project
would not have a significant effect on surrounding properties or uses.
(7) The West Orangewood Water Well Project Initial
Study/Environmental Checklist was prepared to assess any potential short-term,
long -term, and cumulative impacts resulting from the construction and operation of
the proposed water well and pump station facility. The Initial Study concluded that
all potential project related impacts would be mitigated to a level considered less
than significant, with the implementation of the mitigation measures identified
therein. All mitigation measures have been incorporated into the conditions of
approval for this project, as set forth in Exhibit "A" of this Resolution.
d. The proposed water well facility project, as conditioned, will comply with
each of the applicable provisions of the Cypress Zoning Ordinance, specifically including
the PC -4 Planned Community Business Park Zone, as well as the development standards
and design guidelines set forth in the Warland/Cypress Business Center Specific Plan.
4. On November 26, 1984, the City Council certified a Final Environmental Impact
Report ( "Specific Plan EIR ") in conjunction with the adoption of the Warland/Cypress Business
Center Specific Plan. The Specific Plan EIR analyzed all potential impacts of development of the
Warland/Cypress Business Center including cumulative impacts, at the full buildout levels
permitted by the Specific Plan. The EIR recommended a variety of mitigation measures which
were adopted by the City Council in conjunction with its adoption of the Specific Plan. The
proposed water well facility project is located within the Specific Plan project area
5. On February 8, 1993, the City certified the Cypress General Plan Update EIR in
conjunction with the adoption of the City's 1993 General Plan Update (the "General Plan Update
EIR "). The General Plan Update EIR analyzed the city -wide development of business park uses,
including, but not limited to, land use, noise, air quality, transportation/circulation, and cumulative
impacts previously assumed in the Specific Plan EIR. The EIR recommended a variety of
mitigation measures which were adopted by the City Council in conjunction with its adoption of the
General Plan Update. The proposed water well facility project is within the scope of the City
buildout project analyzed in the General Plan Update EIR.
6. The proposed water well project was not specifically analyzed in the Specific Plan
EIR. In accordance with the California Environmental Quality Act (CEQA), the West
Orangewood Water Well Project Initial Study/Environmental Checklist (dated June 13, 2001)
was prepared by RBF Consulting. The Initial Study/Environmental Checklist identified potential
project related impacts which were not analyzed in the previous environmental documents. The
Initial Study also identified mitigation measures to offset all potential project related impacts
identified to a level considered less than significant. All applicable mitigation measures from the
General Plan Update EIR and the Warland/Cypress Business Center Specific Plan EIR were
incorporated into the mitigation measures for the water well facility project. Accordingly, a
Mitigated Negative Declaration has been prepared for this project.
7. On September 12, 1994, the City Council approved Development Agreement No.
94 -1 vesting Warland Investment Company's right to develop their parcels of land located within
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the Warland/Cypress Business Center Specific Plan area. No challenge to the Development
Agreement has been filed and the time for any such challenge has now expired. In accordance with
that Development Agreement, the City has retained the right to process building permits and to
undertake design review as specified in the City's Code. This Conditional Use Permit approval has
been processed and approved in accordance with the Development Agreement.
8. Although the proposed water well facility project has been considered using an
individual Initial Study/Environmental Checklist, nonetheless, cumulative impacts of this project
together with the impacts of development of other projects in the City and Specific Plan area have
been addressed in the General Plan EIR and the Specific Plan EIR. A separate checklist has been
utilized in order to simplify the process of determining whether there are site specific impacts
which are unique to this building as compared to the impacts previously anticipated in the Specific
Plan EIR and the General Plan Update EIR. Potential cumulative impacts have been adequately
considered because the General Plan Update EIR was predicated on the assumption that all property
in the City could be developed in accordance with the limits of the General Plan.
9. A subsequent environmental impact report is not required pursuant to Public
Resources Code 21166 or State CEQA Guidelines 15162(a) in that:
(a) There are no substantial changes proposed for the site which will require
major revisions of the Specific Plan EIR and the General Plan Update EIR
as all potential site specific impacts which were not analyzed in the previous
EIR's are less than significant with the incorporation of the mitigation
measures identified in the West Orangewood Water Well Project Initial
Study/Environmental Checklist (dated June 13, 2001).
(b) Since the certification of the previous EIR's, no substantial changes in
circumstances in the Specific Plan area have occurred requiring major
revisions to the Specific Plan EIR and General Plan Update EIR; and there
are no new significant environmental effects involved with respect to the
proposed water well facility structures or use from that analyzed in those
prior EIR's, nor is there a substantial increase in the severity of previous
identified significant effects.
(c) No new information of substantial importance has become available since
the certification of the Specific Plan EIR or the General Plan Update EIR
which would required any important change in the analysis in those EIR's or
which shows that the proposed water well facility project will have any
significant effects not discussed in those EIR's; that the effects analyzed will
be significantly more severe than those shown in those EIR's or mitigation
measures or alterations previously found not to be feasible and would
substantially reduce significant effects of the project as defined in the
Specific Plan EIR.
10. In conjunction with the adoption of this Resolution, the City Council is adopting the
policies and mitigation measures attached hereto as Exhibit "A ", as well as the attached Mitigation
Monitoring Program, which will avoid all potential significant impacts of the proposed water well
facility project or mitigate them to levels anticipated in the previously certified EIR's. In some
cases, the mitigation measures contained in Exhibit "A" vary slightly from the mitigation measures
contained in the Environmental Checklist. Any variance between the conditions attached hereto as
Exhibit "A" and those contained in the negative declaration are minor in nature and required to
insure clarity, ease of enforcement, or avoid duplication.
11. Prior to taking action on this Resolution, the City Council reviewed and considered
the Specific Plan, the Specific Plan EIR, the General Plan Update, the General Plan Update EIR,
the West Orangewood Water Well Project Initial Study/Environmental Checklist and the mitigated
negative declaration prepared for this approval.
12. The mitigated negative declaration and mitigation monitoring program adopted for
this approval reflects the independent judgment of the City Council.
13. Considering the record as a whole, there is no evidence that the proposed buildings
will have the potential for an adverse effect on wildlife resources on the habitat on which wildlife
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depends. Any presumption of an adverse effect on wildlife resources or habitat has been rebutted
through the substantial evidence in the record.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve a one -year extension of Conditional Use Permit No. 2001 -06, 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 8th day of July, 2002.
w
MAY • ' a F THE CITY OF CYPRESS
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
I, JILL R. INGRAM- 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 8`" day of July, 2002, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Keenan, Piercy, McCoy and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: McGill
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EXHIBIT "A"
Conditional Use Permit No. 2001 -06
5755 Orangewood Avenue
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
Mitigation Measure Nos. are underlined.
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 sec . - 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, 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.
3. 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
final sign -off of building permits.
5. All applicable conditions of Conditional Use Permit No. 2001 -06 shall be complied with
prior to final sign -off of building permits.
6. 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
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 2001 -06
Conditions of Approval
Page 2
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.
7. 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
8. Drainage shall be solved to the satisfaction of the City Engineer. A grading 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. 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 areas 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 %).
9. All existing public improvement 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.
10. Orangewood Avenue shall be fully improved with curb, gutter, sidewalk, drive closure,
drive approach, paving, etc., in accordance with the City's Code requirement of Streets.
11. The quantity, location, width, and type of driveways shall be subject to the approval of the
City Engineer. An effective sight distance for vehicular traffic shall be maintained at the
intersection of the driveway entrance with Orangewood Avenue. No landscaping in excess
of three feet (3') high will be allowed in the area of the curb returns. Adequate sight distance
also shall be maintained within the development at all driveway intersections to the
satisfaction of the City Engineer. The driveway off Orangewood Avenue shall be paved
with concrete material.
12. 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.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 2001 -06
Conditions of Approval
Page 3
13. 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 Los Alamitos
Air Base. Encroachment within the 50 to 1 approach surface will require approval by the
FAA.
14. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Public Works Plan Check & Inspection (Per Resolution 5069).
• All applicable Building Division fees.
15. Mitigation Measure No. GEO5: Precise grading plans shall include an Erosion, Siltation
and Dust Control Plan to be approved by the City Engineer. The Plan shall include
provisions for mitigation measures such as temporary irrigation, sand bagging, and a
compaction program. The Plan shall ensure that discharge of surface runoff from the site
during construction activities shall not result in increased erosion or siltation discharge to
existing drainage facilities. (Source: Pursuant to the requirements of Mitigation Measure
#3, page 5.1 -7, Cypress General Plan Update EIR.)
16. Mitigation Measure No. HW03: Prior to issuance of grading permits, Best Management
Practices (BMPs) shall be developed in compliance with Orange County's municipal
NPDES permit program. Specific measures shall include:
•;•
Siltation of drainage devices 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 retardant
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.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 2001 -06
Conditions of Approval
Page 4
17. Mitigation Measure No. HWQ4: At the discretion of the Cypress Public Works
Department and/or City Building Division, the developer /property owners shall submit a
Storm Water Pollution Prevention Plan, which identifies construction, and post
construction BMPs to the Engineering Division for review and approval.
18. Mitigation Measure No. HWQ5: Prior to issuance of building permits, the applicant shall
submit for approval of City Building Division, a Water Quality Management Plan
(WQMP) specifically identifying Best Management Practices (BMPs) that shall be used
on -site to control predictable pollutant runoff.
19. Mitigation Measure No. HWQ6: 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 attained shall be submitted to the City Building Division.
COMMUNITY DEVELOPMENT CONDITIONS
20. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2001 -06 will require an amendment to the conditional use
permit.
21. This conditional use permit may be modified or revoked by the City Council should the
Council determine that the proposed use or conditions under which it is being operated or
maintained is detrimental to the public health, safety, or welfare, or materially injurious to
properties or improvements in the vicinity.
22. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits. The pump house and
treatment buildings shall be designed to match the architectural style and fascia
materials and colors of the adjacent industrial/warehouse building. The electric panel
cabinet shall be painted to match the buildings.
23. An eight -foot (8') tall masonry block wall shall be constructed along the perimeter of
the water well facility. Decorative masonry block (i.e. brown or gray split -face) shall
be used for the wall. The sliding access gate shall be of solid/opaque metal material
painted to match the wall.
24. 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 structures.
25. Mitigation Measure No. AES 1: A photometric lighting plan shall be required prior to the
issuance of grading/construction /building permits.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 2001 -06
Conditions of Approval
Page 5
26. Mitigation Measure No. AES2: Construction lighting fixtures shall be shielded so that
illumination is fully confined within the water well site boundaries. On -site construction
lighting shall be arranged so that direct rays shall not shine on or produce glare for
residential properties located south of Orangewood Avenue.
27. Mitigation Measure No. AES3: If the on -site construction lighting creates a lighting or
glare problem for residential properties to the south of Orangewood Avenue, the
Southern California Water Company shall take immediate measures to resolve the
problem. These mitigation measures shall be subject to review and approval by the
Community Development Department, including but not limited to:
• Raising the height of the temporary construction sound walls;
• Providing additional shielding on the light fixtures;
• Relocating or removing selected light fixtures; and/or
• Providing compensation to the affected residents during the Stage 1 construction
phase to allow them to temporarily relocate to hotels.
28. Mitigation Measure No. AES4: On -site lighting fixtures shall be shielded so that
illumination is fully confined within the water well site boundaries. On -site lighting
shall be arranged so that direct rays shall not shine on or produce glare for residential
properties located south of Orangewood Avenue.
29. 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. Commercial or industrial
developments which adjoin residentially zoned areas shall construct noise bafflers and/or
deflectors on all mechanical equipment mounted outdoors, to the satisfaction of City staff.
30. The transformer boxes and water valves shall be placed in locations acceptable to the
Community Development Director and shall be adequately screened from view with plant
materials.
31. Landscape planters and berm areas located around the outside perimeter of the block
enclosure walls shall be restored, including groundcover, shrubs and trees. Plant
materials shall be located in a manner which provides sufficient coverage to prevent
graffiti on the block wall. 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 installation. In addition, a bond shall be posted with the Public
Works Department to guarantee against defects in plant materials and workmanship for a
period of one (1) year after installation.
32. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a
variety approved by the Community Development Director.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 2001 -06
Conditions of Approval
Page 6
33. Trees located in the bermed landscape area shall be a minimum 24 -inch box size and
of a variety approved by the Community Development Director.
34. 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.
35. No signs shall be erected or displayed on the subject property which have not been approved
in writing by the Community Development Department.
36. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so
as to cover all landscaped areas.
37. All material storage shall occur within the block wall enclosure. Exterior storage outside of
the enclosure wall is specifically prohibited.
38. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
39. Security gate systems shall be equipped with a Knox box system providing access with a
Knox submaster key for emergency access by police and fire services. The security gate
system shall be approved in writing by the Cypress Police Department and Orange County
Fire Authority prior to issuance of building permits.
40. 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.
41. Driveway 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.
42. 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.
43. 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.
44. The City Council shall maintain the right to review the water company's service hours of
operation and may, subject to a public hearing, limit the service hours should substantiated
complaints be received that the well servicing hours are creating an adverse impact upon
neighboring properties. Late night or early morning service and/or deliveries shall be
specifically prohibited.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 2001 -06
Conditions of Approval
Page 7
45. Mechanical devices associated with the cleaning and maintenance of real property may be
used within any zone between the hours of 7:00 a.m. and 8:00 p.m. on weekdays and
between the hours of 8:00 a.m. and 8:00 p.m. 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.
46. Mitigation Measure No. N1: The drill site shall be enclosed on all four sides with an
acoustical blanket barrier that provides a minimum sound transmission class (STC) rating
of 30 and a minimum noise reduction coefficient of 0.90. The absorptive side of the
blankets shall face the interior of the enclosure. The height of the enclosure shall be at
least 20 feet tall. There shall be no openings or gaps in the south, west or east sides of the
enclosure. On the north side of the enclosure, the blanket may contain a flap or other type
of opening for personnel and vehicular access. However, the opening shall remain tightly
closed when not in use.
47. Mitigation Measure No. N2: All noise - producing equipment used at the drill site shall be
located inside the enclosure and at least 6 feet from the blanket barriers.
48. Mitigation Measure No. N3: To the maximum extent possible, the drill rig shall be
wrapped with a double layer acoustical blanket material as described in mitigation
measure Ni. This includes the base of the rig as well. Minimal slots may be left open as
needed for setting and pulling pipe. The absorptive side of the blanket material shall face
the interior of the drill rig.
49. Mitigation Measure No. N4: The speed of the drill bit shall be maintained and controlled
as needed to minimize vibration when the drill encounters rough material. During the
night this may result in slow speeds being required during limited portions of the drilling
operation.
50. Mitigation Measure No. N5: The drill brake lining shall be changed when squealing is
heard. As an option, sanding the brake lining to remove the glaze caused by the use of the
brakes can reduce squealing.
51. Mitigation Measure No. N6: All engines shall be fitted with residential -class mufflers.
52. Mitigation Measure No. N7: All vehicles at the site shall be fitted with properly sized
and functioning mufflers.
53. Mitigation Measure No. N8: All mechanical equipment (e.g., the mud system, motors,
engines, compressors, etc.) shall be enclosed with sound absorptive panels that provide a
minimum STC of 42 and a minimum NRC of 0.90. Ventilation, if needed, shall require
acoustical treatment (e.g., lined ducts) to maintain the STC rating of the enclosure.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 2001 -06
Conditions of Approval
Page 8
54. Mitigation Measure No. N9: Resilient padding shall be used to ensure that pipes do not
come into direct contact with the pipe racks or each other.
55. Mitigation Measure No. N10: Employees shall be instructed to maintain quiet at all
times. Signs to this effect shall be posted.
56. Mitigation Measure No. NI1: Truck drivers shall be instructed to minimize the
application of power and to accelerate slowly to minimize noise levels.
57. Mitigation Measure No. N12: Concrete pumping shall not occur between the hours of
8:00 PM and 8:00 AM Monday through Friday, 8:00 PM and 9:00 AM on Saturdays or at
any time on Sunday or federal holidays.
58. Mitigation Measure No. N13: Used mud shall not be hauled away between the hours of
8:00 PM and 8:00 AM Monday through Friday, 8:00 PM and 9:00 AM on Saturdays or at
any time on Sunday or federal holidays.
59. Mitigation Measure No. N14: Material deliveries to the site shall not occur between the
hours of 8:00 PM and 8:00 AM Monday through Friday, 8:00 PM and 9:00 AM on
Saturdays or at any time on Sunday or federal holidays.
60. Mitigation Measure No. N15: A Noise Ordinance Compliance/Monitoring Program shall
be prepared by the firm performing the drilling operations and the Southern California
Water Company. The program shall be submitted to and approved by the Community
Development Department prior to the start of drilling operations. For further information
on the Noise Ordinance Compliance/Monitoring Program requirements, refer to pages 9
and 10 in the Noise Assessment for the West Orangewood Water Well - City of Cypress,
prepared by Mestre Greve Associates.
61. Mitigation Measure No. N16: The Noise Ordinance Compliance/Monitoring Program
shall include, at a minimum, noise monitoring updates to be conducted on at least three
nights within the first five days of nighttime drilling operations to verify compliance with
the City's noise standards. This monitoring shall occur at the nearest residential
boundary to the drill site.
62. Mitigation Measure No. N17: If the on -site construction exceeds the City's noise
standards and/or creates a noise problem for residential properties to the south of
Orangewood Avenue, the Southern California Water Company shall take immediate
measures to resolve the problem. These mitigation measures shall be subject to review
and approval by the Community Development Department, including but not limited to:
• Raising the height of the temporary construction sound walls;
❖ Relocating noise sources; and/or
• Providing compensation to the affected residents during the Stage 1 construction
phase to allow them to temporarily relocate to hotels.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 2001 -06
Conditions of Approval
Page 9
63. Mitigation Measure No. HM1: Any hazardous waste that is generated on -site shall be
transported to an appropriate disposal facility by a licensed hauler in accordance with the
appropriate State and Federal laws.
64. Mitigation Measure No. HM4: Transportation of hazardous materials to the proposed
site shall comply with Department of Transportation regulations concerning the transport
of hazardous materials.
65. Mitigation Measure No. HMS: Chemicals, including liquid sodium hydrochloride, shall
be delivered to the site in closed containers.
66. Mitigation Measure No. HM6: Chlorine -based products (e.g. liquid sodium
hydrochloride) and other approved disinfectants shall not be exposed to the atmosphere
or to direct sunlight.
67. Mitigation Measure No. HM7: Prior to construction, soils shall be reviewed for
agricultural pesticide levels to assure that the site does not contain significant levels of
such substances. The applicant shall consult with the Department of Pesticide Regulation
to determine the significance of any pesticides found on -site and any required
remediation.
68. Mitigation Measure No. HWQ1: The project applicant shall comply with all applicable
requirements of the Drinking Water Source Assessment and Protection Program
(DWSAP). The Program shall be developed in conformance with the California
Department of Health Services' (DHS) procedures or as authorized by the DHS.
69. Mitigation Measure No. HWQ2: Developer /property owners shall obtain a Notice of
Intent from the State of California Regional Water Quality Control Board. 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.
70. Mitigation Measure No. HWQ8: A well monitoring program shall be implemented to
test water quality for contamination on a regular basis.
71. Mitigation Measure No. HWQ9: All required permits from the California Department of
Health Services, SCAQMD, and County of Orange Environmental Health Division shall
be secured prior to well construction.
72. Mitigation Measure No. HWQ10: Prior to construction of the proposed project, the
project applicant shall provide an assessment of the possible water level drawdown
interference that could theoretically occur as a result of pumping from the proposed water
well. The assessment shall provide evidence that the amount of water level drawdown
interference would not significantly impact water wells in the area.
• Community Development Department • Planning Division •
14
Exhibit "A"
Conditional Use Permit No. 2001 -06
Conditions of Approval
Page 10
73. Mitigation Measure No. LU1: The purveyor of temporary equipment (the project
applicant) shall submit FAA Form 7460 -1, "Notice of Proposed Construction or
Alteration," to determine any necessary marking and/or lighting of the temporary
equipment (i.e., red flag for day, red flashing light for nighttime). The form shall be
submitted to the Chief, Air Traffic Division, of the appropriate FAA regional office. The
project 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 the application for
building permits.
74. Mitigation Measure No. LU2: 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. (Source: Mitigation Measure #1, page
27, Warland/Cypress Business Center Specific Plan EIR..)
75. The project shall comply with all mitigation measures as referenced in the Negative
Declaration prior to issuance of Certificate of Occupancy.
76. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
BUILDING CONDITIONS
77. Applicant/developer shall comply with applicable provisions of the 1997 Uniform Building,
Plumbing and Mechanical Codes, 1996 National Electrical Code, California Administrative
Code, Title 24, and the Code of the City of Cypress.
78. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
79. 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.
80. Mitigation measure No. GEO1: 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.
• Community Development Department • Planning Division •
15
Exhibit "A"
Conditional Use Permit No. 2001 -06
Conditions of Approval
Page 11
81. Mitigation Measure No. GEO2: 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.
82. Mitigation Measure No. GEO3: All grading, landform modifications and construction
shall be in conformance with state -of- the - practice design and construction parameters.
Typical standard minimum guidelines regarding regulations to control excavations,
grading, earthwork construction, including fills and embankments, and provisions for
approval of plans and inspection of grading construction are set forth in the latest version
of the Uniform Building Code. Compliance with these standards shall be evident on
grading and structural plans. This measure shall be monitored by the City Building
Division through periodic site inspections. (Pursuant to the requirements of Mitigation
Measure #1, page 5.1 -6, Cypress General Plan EIR).
83. Mitigation Measure No. GEO4: Type 5 cement shall be used for all foundations and
slabs on grade.
84. Mitigation Measure No. GEO6: 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 the
City staff.) (Source: Pursuant to the requirements of Mitigation Measure #3, page
5.1 -7, Cypress General Plan Update EIR.)
85. Mitigation Measure No. HWQ7: State, County, Department of Health Services,
SCAQMD, County of Orange Environmental Health Division and RWQCB well
construction and design standards shall be met.
86. Mitigation Measure No. N18: 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 City's noise standards are exceeded. Interior building construction
and tenant improvements are limited to the hours of 7:00 AM to 8:00 PM, Monday
through Saturday, only if the noise standards are exceeded. In addition, construction
equipment shall be equipped with effective muffling devices. Compliance with this
measure is subject to field inspection by City staff. (Source: Cypress Municipal Code
• Community Development Department • Planning Division •
16
Exhibit "A"
Conditional Use Permit No. 2001 -06
Conditions of Approval
Section 13- 70(e).)
Page 12
87. Mitigation Measure No. N19: Prior to issuance of building permits, the applicant shall
submit evidence, to the satisfaction of the Building Division, that all proposed land uses
shall meet applicable exterior and interior noise standards, including the City's
Comprehensive Noise Ordinance. (Source: Mitigation Measure #4, page 5.4 -8 of the
Cypress General Plan Update EIR.)
FIRE AUTHORITY CONDITIONS
88. Prior to the issuance of any grading permits, the applicant shall submit and obtain the Fire
Chiefs approval for the construction of any gate across required fire authority access
roads /drives. Contact the Orange County Fire Authority at (714) 744 -0499 for a copy of
the "Guidelines for Fire Authority Emergency Access ".
89. Mitigation Measure No. HM2: Prior to the approval of any use /site permit(s), issuance of
any grading permits or building permits, whichever occurs first, the applicant shall
submit to the Fire Chief a list of 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 "Orange
County Fire Authority Chemical Classification Handout." 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. (Source: Cypress
Municipal Code Section 142- 11(a).)
90. Mitigation Measure No. HM3: Prior to the issuance of a building permit, the applicant
shall contact the Orange County Fire Authority Hazardous Materials Disclosure Office to
obtain a "Hazardous Materials Business Information and Chemical Inventory 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. The access gate to the well facility shall be a minimum thirteen (13) feet wide for
emergency apparatus. (Refer to Condition No. 39 regarding Knox Box provisions.)
(Effective: 7 -8 -2002)
• Community Development Department • Planning Division •