Resolution No. 559038
RESOLUTION NO. 5590
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 2001-09 - WITH CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed for a Conditional Use Permit in accordance with the
provisions of Section 35.77 of the Zoning Ordinance of the City of Cypress to allow the
construction and operation of a two million (2,000,000) gallon water reservoir, pump station, and
water transmission line on the property located at 4792 Simone Way within the PS Public and
Semi- Public Zone and within street rights -of -way on Crescent Avenue, Belmont Street, Merten
Avenue and Moody Street.
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 22 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 and intent of the PS Public and Semi- Public Zone
in which the site is located, which is:
Intended to set aside properties to be developed with public uses, other than
street rights -of -way. This zone is also intended to identify and preserve
areas of historic and community significance for the enjoyment of future
generations.
b. The proposed structures will be consistent with the goals, policies, and
objectives of the City of Cypress General Plan, as updated in 2001.
c. The proposed structures are consistent with the applicable development
standards set forth in the Cypress Zoning Ordinance.
(1) The proposed public use is compatible with the surrounding
residential uses.
(2) Mitigation measures have been identified that will address potential
noise impacts resulting from the construction, and ongoing operation
of the proposed water reservoir 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.
(3)
Sufficient access will be provided to the proposed development site.
(4) The Simone Reservoir and Water Transmission Main 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 reservoir 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 structures, as conditioned, will comply with each of the
applicable provisions of the Cypress Zoning Ordinance.
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NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Conditional Use Permit No. 2001 -09, 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 22nd day of July, 2002.
MAYOR ' 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 foreoing Resolution was duly adopted at a regular meeting of the said City
Council held on the 2211 day of July, 2002, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Keenan, McGill, McCoy, and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Piercy
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EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 2001- 09/VARIANCE NO. 2001-03
CONDITIONS OF APPROVAL
Bolded Conditions Represent Those Specific To This Project.
* Represents Mitigation Measures
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, 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 and Cypress Building and
Safety Division shall be satisfied prior to commencement of onsite operations.
5. All applicable conditions of Conditional Use Permit No. 2001 -09 and Variance No. 2001-
03 shall be complied with prior to occupancy of the subject buildings.
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- 09/Variance No. 2001 -03
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. Prior to the issuance of a grading permit, the applicant shall obtain an access easement from
the Orange County Flood Control District providing access to the Orange County Flood
Control channel.
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 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. All lots 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. 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.
11. Where an existing block wall is removed, the Developer shall provide suitable temporary
fencing for all adjacent properties during construction of the perimeter walls. A retaining
wall per City standards shall be constructed at the property line where the finish grade
difference is greater than twelve inches (12 "), as measured from the highest finished grade.
A six -inch (6 ") concrete curb shall be constructed per City standards to protect all block
walls and structures exposed to vehicular traffic. The property lines shall have a single
block wall only and the Developer shall obtain and submit to the City the written
permission or denial of the adjacent property owner. Grade separation shall not exceed two
feet (2') between two (2) adjacent properties.
12. The developer shall provide adequate "No Parking" controls within the development and
appropriate "No Parking - Fire Lane" signs shall be installed per California Vehicle Code
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 2001- 09/Variance No. 2001 -03
Conditions of Approval
Page 3
No. 22658, to the satisfaction of the City Engineer, and County Fire Marshal. The
developer of this project shall provide adequate speed control within the development to the
satisfaction of the City Engineer. Onsite traffic circulation shall be subject to the approval
of the City Engineer.
13. All utility services shall be underground. Trenching and backfill in streets shall be per City
of Cypress Standard No. 110. 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.
*14. 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 and Safety Division through periodic site inspections. (Mitigation
Measure 4.6 -2)
*15. The proposed development shall incorporate stone columns with gravel caps to
support the structures on the deeper dense, non - liquefiable soils or by using ground
improvement/modification techniques to densify the soils and thereby reduce the
liquefaction potential. Additionally, project foundation design and construction
shall adhere to the more detailed recommendations provided in the Supplemental
Geotechnical Investigation (Kleinfelder 2002) for stone columns or equivalent
foundations to mitigate liquefaction potential resulting in dynamic settlement
during a potential DLE of approximately one inch. (Mitigation Measure 4.6 -3)
*16. 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 of all unpaved 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). (Mitigation Measure 4.6 -4)
17. In order to reduce dust from vehicles utilizing the access road along the Moody Creek
Flood Control Channel, a gravel base or similar paving material shall be provided
prior to the issuance of a grading permit. In addition, the access road shall be
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 2001- 09/Variance No. 2001 -03
Conditions of Approval
regularly watered to reduce dust from vehicles exiting the site.
Page 4
*18. Precise grading plans shall include an Erosion, Siltation and Dust Control Plan for the
approval of the City Engineer. The Plan's provisions may include sedimentation
basins, sand bagging, soil compaction, revegetation, temporary irrigation, scheduling
and time limits on grading activities, and construction equipment restrictions on -site.
This plan shall also demonstrate compliance with South Coast Air Quality
Management District Rule 403, which regulates fugitive dust control. (Mitigation
Measure 4.6 -5)
19. Prior to issuance of building permits, the applicant shall submit for approval of City
Building Division, a Water Quality Management Plan (WQMP) specifically identifying
structural and non - structural Best Management Practices (BMPs) that will be used on -site to
control predictable pollutant runoff. The BMP's shall include those identified in the County
of Orange Drainage Area Management Plan.
20. 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.
21. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
Public Works Plan Check & Inspection (Per Resolution 5069).
Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• Drainage Fee for Master Drainage Plan (Per Resolution 2287)
• All applicable Building Division fees.
22. The developer /property owner shall submit a Storm Water Pollution Prevention Plan/Water
Quality Management Plan which identifies construction and post as well as structural and
non - structural construction Best Management Practices ( BMP' s) to the Engineering
Division for review and approval. Examples of BMP's are included in the California Storm
Water Best Management Practices Handbook, Construction Activity, March 1993 and the
County of Orange Drainage Area Management Plan (1993) and subsequent revisions. The
project shall include appropriate containment facilities for the storage of any chlorinated
liquids or gases so to prevent any release of product. This also includes the development
and implementation of a spill contingency plan.
23. 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,
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Exhibit "A"
Conditional Use Permit No. 2001- 09/Variance No. 2001 -03
Conditions of Approval
Page 5
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 (§
2100 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.
*24. A traffic management plan shall be prepared and implemented for those portions of
the project located where construction would impact existing roadways. The plan
shall include but not be limited to the following measures:
• Limit construction to one side of the road or out of the roadbed where
possible.
• Provide access to conunercial and residential properties adjacent to
construction sites.
• Submit a truck routing plan, if required, for approval by the City or
County, in order to minimize impacts from truck traffic during material
delivery and disposal.
• Where construction is proposed for two lane roadways, confine construction
to one -half of the pavement width. Establish one lane of traffic on the other
half of the roadway using appropriate construction signage and flaggers.
(Mitigation Measure 4.15 -1)
*25. Prior to issuance of building permits, the applicant must provide evidence of traffic
controls to the Community Development Department to prevent blockage of the access
road for emergency vehicles. Traffic controls may include but not be limited to
allowing only one vehicle on the access road at any given time. (Mitigation Measure
No. 4.15 -2)
COMMITNITY DEVELOPMENT CONDITIONS
26. 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,
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 2001- 09/Variance No. 2001 -03
Conditions of Approval
Page 6
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.
27. Utilities shall not be released until all conditions of approval of Conditional Use Permit No.
2001 -09 and Variance No. 2001 -03 have been met to the satisfaction of the Community
Development Department.
28. Site and elevation plans shall be reviewed and approved by the Community Development
Department prior to the issuance of building permits.
29. Sixty (60) days after project approval, the applicant shall submit a detailed landscape and
automatic irrigation plan to the Community Development Department for review and
approval. In addition, a bond shall be posted with the Public Works Department to
guarantee against defects in plant materials and workmanship.
*30. Prior to issuance of permits, the project applicant shall submit, and the Community
Development Department shall review, plans that verify that proposed landscaping
will provide 75 percent screening at three years after planting to partially block
views of the proposed reservoir. (Mitigation Measure No. 4.1 -1)
31. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
32. A block wall, minimum six feet (6') in height measured from the highest adjacent
grade, shall be constructed along the west property line. New chain link fencing shall
be constructed along the north, east, and south property lines.
33. All walls, and fences shall be maintained free of significant surface cracks, dry rot, warping,
missing panels or blocks which threaten the structure's structural integrity or appearance.
34. 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.
35. Lighting for the site shall consist of photocell activated lighting. All onsite lighting shall be
arranged so that direct rays will not shine on adjacent properties or produce glare for street
traffic.
*36. Prior to the issuance of building permits, the project applicant shall submit, and the
Community Development Department shall review, plans that verify that all
outdoor lighting (security lighting) is designed so that all direct lighting is confined
to the project site, that lighting on the pumphouse is at an elevation equal to or
under the elevation of the top of the block wall, and that adjacent residential
properties located to the west are protected from spillover light and glare.
(Mitigation Measure No. 4.1 -2)
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Exhibit "A"
Conditional Use Permit No. 2001- 09/Variance No. 2001 -03
Conditions of Approval
Page 7
*37. During all project site excavation and grading on site, the project contractors shall
equip all construction equipment, fixed or mobile, with properly operating and
maintained mufflers consistent with manufacturers' standards. (Mitigation Measure
No. 4.11 -1)
*38. The project contractor shall place all stationary construction equipment on the east
end of the site so that emitted noise is directed away from sensitive receptors located
to the west of the site. (Mitigation Measure No. 4.11 -2)
*39. The construction contractor shall locate equipment staging on the east end of the
site such that it will create the greatest distance between construction related noise
sources and noise sensitive receptors located to the west of the site. (Mitigation
Measure No. 4.11 -3)
*40. During all construction, the construction contractor shall limit all construction
related activities that would result in high noise levels to between the hours of 7:00
a.m. and 8:00 p.m. Monday through Friday and the hours of 9:00 a.m. to 8:00 p.m.
on Saturday, unless such construction activities do not result in noise levels
exceeding 45 dBA at residences to the west of the site. No construction shall be
allowed on Sundays and federal holidays. (Mitigation Measure No. 4.11 -4)
41. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2001 -09 will require an amendment to the conditional use
permit.
42. 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.
43. The project shall comply with all mitigation measures as referenced in the Negative
Declaration prior to final approval of the project.
44. In the event the City receives noise complaints regarding onsite operations, the
applicant shall take the necessary steps to resolve the complaints. In no event, shall
the onsite operations be permitted to exceed the noise standards contained in the
Cypress City Code.
*45. The construction contractor shall select the construction equipment used on site
based on low emission factors and high energy efficiency. The construction
contractor shall ensure that construction grading plans include a statement that all
construction equipment will be tuned and maintained in accordance with the
manufacturer's specifications. (Mitigation Measure No. 4.3 -1)
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Exhibit "A"
Conditional Use Permit No. 2001- 09/Variance No. 2001 -03
Conditions of Approval
Page 8
*46. The construction contractor shall utilize electric or diesel powered equipment in lieu
of gasoline powered engines where feasible. (Mitigation Measure No. 4.3 -2)
*47. The construction contractor shall ensure that construction grading plans include a
statement that work crews will shut off equipment when not in use. During smog
season (May through October), the overall length of the construction period should
be extended, thereby decreasing the size of the area prepared each day, to minimize
vehicles and equipment operating at the same time. (Mitigation Measure No. 4.3 -3)
*48. The construction contractor shall time the construction activities so as not to
interfere with peak hour traffic and so as to minimize obstruction of through traffic
lanes adjacent to the site; if necessary, a flagperson shall be retained to maintain
safety adjacent to existing roadways. (Mitigation Measure No. 4.3 -4)
*49. The construction contractor shall support and encourage ridesharing and transit
incentives for the construction crew. (Mitigation Measure No. 4.3 -5)
*50. All active portions of the construction site, as well as the access road to the site, shall
be watered to prevent excessive amounts of dust. (Mitigation Measure No. 4.3 -6)
*51. On -site vehicle speed shall be limited to 15 mph. (Mitigation Measure No. 4.3 -7)
*52. All on -site roads shall be paved as soon as feasible, watered periodically, or
chemically stabilized. (Mitigation Measure No. 4.3 -8)
*53. All material excavated or graded shall be sufficiently watered to prevent excessive
amounts of dust. Watering, with complete coverage, shall occur at least twice daily,
preferably in the late morning and after work is done for the day. (Mitigation
Measure No. 4.3 -9)
*54. All clearing, grading, earthmoving, or excavation activities shall cease during
periods of high winds (i.e., greater than 25 mph averaged over one hour) or during
Stage 1 or Stage 2 episodes. (Mitigation Measure No. 4.3 -10)
*55. All material transported off site shall be either sufficiently watered or securely
covered to prevent excessive amounts of dust. (Mitigation Measure No. 4.3 -11)
*56. The area disturbed by clearing, grading, earthmoving, or excavation operations
shall be minimized at all times. (Mitigation Measure No. 4.3 -12)
*57. Should any archaeological resources be uncovered during grading or excavation
activities, these activities will be diverted to a part of the site away from the find,
and a certified archaeologist shall be contacted by the City of Cypress to: 1)
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Exhibit "A"
Conditional Use Permit No. 2001- 09/Variance No. 2001 -03
Conditions of Approval
Page 9
ascertain the significance of the resource, 2) establish protocol with the City of
Cypress to protect such resources, 3) ascertain the presence of additional resources,
and 4) provide additional monitoring of the site, if deemed appropriate. If human
remains are discovered on the site, the County Coroner shall be contacted to
examine the remains, and the provisions of Section 15064.5(e) of the CEQA
Guidelines shall be followed. (Mitigation Measure No. 4.5 -1)
*58. Should any paleontological resources be uncovered during grading or excavation
activities, these activities will be diverted to a part of the site away from the find and
a certified paleontologist shall be contacted by the City of Cypress to: 1) ascertain
the significance of the resource, 2) establish protocol with the City of Cypress to
protect such resources, 3) ascertain the presence of additional resources, and 4)
provide additional monitoring of the site, if deemed appropriate. (Mitigation
Measure No. 4.5 -2)
*59. If human remains are encountered, State Health and Safety Code Section 7050.5
requires that no further disturbance shall occur until the County Coroner has made
a determination of origin and disposition pursuant to Public Resources Code
Section 5097.98. The County Coroner must be notified of the find immediately. If
the remains are determined to be prehistoric, the Coroner is required to notify the
Native American Heritage Commission (NAHC), which will determine and notify a
Most Likely Descendant (MLD). With the permission of the owner of the land or
his/her authorized representative, the descendant may inspect the site of the
discovery. The descendant shall complete the inspection within 24 hours of
notification by the NAHC. The MLD may recommend scientific removal and
nondestructive analysis of human remains and items associated with Native
American burials. (Mitigation Measure No. 4.5 -3)
60. Within forty -eight (48) hours of the approval of the 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 Notice of Determination required under Public Resources Code
Section 21152. 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.-
RIMMING CONDITIONS
61. Applicant/developer shall comply with applicable provisions of the 1994 Uniform Building,
Plumbing and Mechanical Codes, 1993 National Electrical Code, California Code of
Regulations, Title 24, and the Code of the City of Cypress.
62. Type 5 cement shall be used for all foundations and slabs on grade, unless otherwise
indicated by the soils engineer.
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Exhibit "A"
Conditional Use Permit No. 2001- 09/Variance No. 2001 -03
Conditions of Approval
Page 10
63. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier, unless otherwise indicated by the soils engineer.
64. A soil investigation report shall be submitted with the plans for plan check. The report shall
include soil bearing capacity, seismic study, grading, paving, sulfate test and other pertinent
information under good engineering practice.
65. Construction 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).
*66. 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. (Mitigation Measure 4.6 -1)
67. Construction bins for non - recyclable and recyclable materials generated from any
construction site must be placed "onsite" out of the public right -of -way. (Example: Street
side of curb is public right -of -way and therefore not allowed.)
FIRE AIJTHORITY CONDITIONS
68. Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief
evidence of the on -site fire hydrant system and indicate whether it is public or private. If the
system is private, the system shall be reviewed and approved the Fire Chief prior to the
issuance of building permits. Provisions shall be made by the applicant for the repair and
maintenance of the system, in a manner meeting the approval of the Fire Chief.
69. 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. If sufficient water to meet fire flow
requirements is not available, an automatic fire extinguishing system may be required in
each structure affected by insufficient fire flow.
70. Prior to the recordation of a subdivision map or the issuance of any grading permit,
whichever occurs first, the applicant shall obtain approval of the Fire Chief for all fire
protection access roads to within 150 feet of all portions of the exterior of every structure
on site.
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Exhibit "A"
Conditional Use Permit No. 2001- 09/Variance No. 2001 -03
Conditions of Approval
Page 11
71. 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.
72. 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.
73. Prior to the issuance of any grading permits, the applicant shall submit and obtain the Fire
Chief's 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 ". The gate located at the entrance
to the Orange County Flood Control District access road shall have a minimum thirteen
foot (13') opening and be equipped with a Knox lock.
74. Prior to the approval of an 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 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 "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.
75. Prior to the issuance of a building permit, the applicant shall contact the Orange County
Fire Authority Hazardous Materials Disclosure Office at (714) 744 -0463 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.
76. Prior to the issuance of a building permit or installation of an aboveground or an
underground tank, plans shall be submitted to the Fire Chief for review and approval.
CITY COI NCH, CONDITION
77. Wrought iron fencing, minimum six feet (6') in height, and of a design acceptable to
the Community Development Director, shall be provided along the north, south, and
east property lines of the subject site.
Revised: 7 -23 -2002
• Community Development Department • Planning Division •