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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 -1- 2 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 -2- 3 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 -3- 4 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 5 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 • 6 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 • 7 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 • 8 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 • 9 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 • 10 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 • 11 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 • 12 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 • 13 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 •