Resolution No. 6534RESOLUTION NO. 6534
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 3019
- WITH CONDITIONS.
WHEREAS, the Barton Place Project ( "Project ") includes a retail commercial
center (the "Shopping Center ") at the northeast corner of Katella Avenue and Enterprise
Drive; and
WHEREAS, the Amended and Restated Cypress Business & Professional
Center Specific Plan (the "Amended Specific Plan ") provides that the proposed
shopping center use is a conditionally permitted use on the project site; and
WHEREAS, an application was filed for the approval of a Conditional Use Permit
for the Shopping Center in accordance with the Amended Specific Plan and the provisions
of 4.19.070.1 of the Zoning Ordinance of the City of Cypress; and (the "Shopping Center"
WHEREAS, the City Council, after proper notice thereof, duly held a public hearing
on said application as provided by law.
NOW, THEREFORE, the CITY COUNCIL of the CITY of CYPRESS, CALIFORNIA,
does hereby FIND, RESOLVE, DETERMINE, and ORDER, based upon substantial
evidence taken from the administrative record and at the public hearing, AS FOLLOWS:
a. Pursuant to Section 4.19.070.E of Appendix I of the Cypress Municipal
Code, the City Council makes the following findings with respect to Conditional Use Permit
No. 3019 for the Shopping Center, which will be developed on an approximately five -acre
parcel on the southern portion of the project site along Katella Avenue:
1. The proposed location of the conditional use is consistent with the
requirements of the general plan and the zoning district in which the site is located.
The land use designation for the project site in the Land Use Element of the
General Plan is "Specific Plan ", and the General Plan references and describes the
Amended Specific Plan and the various Planning Areas established in the
Amended Specific Plan, including Planning Areas 9 and 6, which are the Planning
Areas in which the Shopping Center site is located. The Amended Specific Plan
implements the General Plan goals and policies and is in conformance with the
General Plan.
The Amended Specific Plan, which was approved by the voters of Cypress
in 2012 as part of "Measure L ", is a regulatory plan that constitutes the zoning for
the Shopping Center site. While the City's Zoning Map designates the Shopping
Center site as PBP -25A (Planned Business Park), the Amended Specific Plan
largely governs the permitted uses on, and development standards for, the
Shopping Center site. The Amended Specific Plan established Planning Area 9.
The approximately 47,876 square feet of commercial /retail improvements that
comprise the Shopping Center are characterized in the Amended Specific Plan as
a "shopping center ", which is a conditionally permitted use in Planning Area 9. The
permitted and conditionally permitted uses in Planning Area 6 include a variety of
commercial /retail uses, including restaurant use, but does not expressly permit
some of the Project's potential commercial /retail uses. However, Section VIII.D.2 of
the Amended Specific Plan allows the transfer of permitted uses in Planning Area 9
to Planning Area 6. The Project applicant has submitted a request for such a
transfer and, subject to the final approval of that transfer, the shopping center use
will be fully consistent with the Amended Specific Plan.
The Amended Specific Plan also includes specific land use regulations for
development within the established Planning Areas, including Planning Areas 9 and
6. Those regulations include development standards, design guidelines and
infrastructure and circulation requirements. As discussed in Section 3.3 of the Final
Environmental Impact Report (the "Final EIR ") for the Project (Project
Characteristics), the shopping center use is consistent with all applicable
development standards in the Amended Specific Plan, including density and height
101
requirements. The maximum height of the commercial /retail buildings is 40 feet,
significantly lower than the maximum height of 99 feet permitted under the
Amended Specific Plan. The maximum /average floor area ratio (FAR) for non-
residential improvements in Planning Areas 9 and 6 is 0.6:1, while the FAR for the
shopping center improvements included in the Project is 0.22:1. The Project
includes 277 parking spaces for the shopping center use in accordance with the
applicable parking requirement in the Amended Specific Plan. Table 3.A in Section
3.3 of the Final EIR demonstrates the Project's compliance with the applicable
development standards in the Amended Specific Plan, including those described
above.
The shopping center improvements are consistent with the applicable
requirements in the Amended Specific Plan relating to circulation requirements and
public utilities, including the sewer system, water system and storm drain concepts,
and applicable design guidelines.
The development of the commercial /retail improvements is consistent with
the landmark tree guidelines in the Amended Specific Plan. The existing 1.5 -acre
ornamental vegetation area on the Project site, a portion of which is located within
the Shopping Center site, includes a variety of non - native ornamental trees, which
are invasive species and will be removed as part of the Project. Some of these
non - native trees are identified as "landmark trees" in Table 4 of the Amended
Specific Plan and are located in "Tree Survey Area 1" and "Tree Survey Area 2" as
shown on Exhibit 21 in the Amended Specific Plan. Pursuant to Section VII.D.5 of
the Amended Specific Plan, the removal of these trees is allowed, subject to (a)
their replacement with an equivalent number of specimen trees (48" box or larger)
that are incorporated into the landscaping treatment of the project site, in addition to
normal tree planting requirements, and (b) otherwise in compliance with the
Amended Specific Plan and, with respect to the trees removed in Tree Survey Area
2, the City's Tree Replacement Policy, as outlined in Sections 17 -17 through 17 -27
of the Cypress Municipal Code.
The shopping center use is consistent with applicable objectives and policies
in the Amended Specific Plan to promote, encourage and facilitate commercial and
mixed - commercial uses (Objectives 2.2, 2.5, 3.4 and 4.3) within the Amended
Specific Plan area. The Shopping Center includes approximately 47,876 square
feet of commercial /retail uses, including restaurants.
Therefore, the proposed location of the shopping center use and
commercial /retail improvements is consistent with the applicable requirements of
the General Plan and the Amended Specific Plan.
2. The proposed location of the conditional use and conditions under
which it would be operated or maintained would not be detrimental to the public
health, safety, or general welfare, nor would be materially injurious to properties or
improvements in the vicinity.
The southern portion of the project site is a suitable location for the shopping
center use. The portion of the project site where the shopping center
improvements will be located includes approximately 900 feet of frontage along
Katella Avenue, which is a major east/west corridor. The commercial /retail uses,
including restaurants with full bar service, are similar to, and compatible with, the
design, scale, height, massing and uses of and in the existing commercial /retail
buildings along Katella Avenue. The scale and intensity of the retail /commercial
uses are substantially Tess intense than the maximum allowed under the Amended
Specific Plan. The City has approved similar uses surrounding the project site and
determined that they were not detrimental to public health, safety or general welfare
of the community. Similarly, the shopping center use will not result in any materially
detrimental effect. The commercial /retail uses will complement and expand the
existing commercial /retail uses in the vicinity of the Shopping Center and will serve
the proposed senior residential community and other residents in the project area.
The development of the commercial /retail improvements will continue the pattern of
development along Katella Avenue and visually fill in the existing Katella Avenue
frontage on the Shopping Center site.
102
103
The shopping center use will not cause injury to any property or
improvements within the project vicinity. The approximately five -acre area on which
the commercial /retail improvements will be located is buffered from the Cottonwood
Church campus to the west by Enterprise Drive. Katella Avenue separates the
shopping center area from the existing commercial /retail and residential uses in the
City of Los Alamitos to the south. The Project includes an eight -foot wall /noise
barrier at the northern boundary of the shopping center area to provide separation
from the senior residential community that will be developed on the northern portion
of the project site, but allows pedestrian access between the two areas through a
gate. An eight -foot wall /noise barrier at the eastern boundary of the shopping
center area will buffer the Project's commercial /retail uses from the improvements
associated with the Residence Inn Hotel and other commercial development to the
east.
The Final EIR did not identify any potential public health concerns that would
result from the design and improvement of the Project, including the Shopping
Center. The Project has less- than - significant impacts with respect to air quality,
greenhouse gas emissions and water quality. As also discussed in the Final EIR,
the construction and operation of the Project will not exceed wastewater treatment
requirements.
Therefore, the location of the shopping center use and conditions under
which it would be operated or maintained will not be detrimental to the public
health, safety, or general welfare, nor will be materially injurious to properties or
improvements in the vicinity of the project site.
3. The proposed conditional use would comply with all applicable
provisions of this zoning ordinance.
For the reasons set forth in Finding a.1, above, the shopping center use
complies with all applicable provisions of the Amended Specific Plan, which is the
regulatory plan that provides the zoning for the project site. To the extent that the
Amended Specific Plan does not supersede the applicable regulatory standards in
the Cypress Zoning Ordinance, the shopping center use is also consistent with the
applicable regulatory standards in the Cypress Zoning Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Conditional Use Permit No. 3019, subject to the
conditions attached hereto as Exhibit "A ".
Any challenge to this Resolution, and the findings set forth therein, must be filed
within the 90 day statute of limitations set forth in Code of Civil Procedure 1094.6.
PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular
meeting held on the 26th day of October, 2015.
ATTEST: f�
CITY CLERK OF THE CITY OF CYPRESS
THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DENISE BASHAM, 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 26th day of October, 2015, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Morales, Peat, Yarc and Johnson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
104
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 3019, SITE PLAN REVIEW NO. 3020,
AND VESTING TENTATIVE TRACT MAP NO. 17830
Northeast Corner of Katella Avenue and Enterprise Drive
CONDITIONS OF APPROVAL
1. General Conditions
1.1. Unless and until the project developer and property owner sign and return a City- provided
affidavit accepting these conditions of approval, there shall be no entitlement of the
application. The project developer and property owner shall have fifteen (15) calendar
days to return the signed affidavit to the Community Development Department. Failure to
do so will render City Council action on the application void. (Planning)
1.2. The developer shall defend, indemnify, and hold harmless, the City and any agency thereof,
or any of its agents, officers, and employees from any and all claims, actions, or
proceedings against the City or any agency thereof, or any of its agents, officers or
employees, to attack, set aside, void or annul, the discretionary permits and approvals for
the project approved by the City Council, 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 Attorney)
1.3. The developer's contractor shall provide the City with a Certificate of Insurance on City
form evidencing a comprehensive liability insurance policy with a combined single limit of
not less than $500,000 each occurrence in connection with the work performed. Certificate
shall include the City, its Council, officers, members of boards or commissions and
employees as additional Named Insureds with respect to all claims, actions, damages,
liabilities and expenses, including attorney's fees, arising out of or in connection with the
work to be performed under the development executed by the Named Insured and City,
including any act or omission of employees, agents, subcontractors, or their employees.
Such certificate shall have a thirty (30) day cancellation notice to the City of Cypress. (City
Attorney)
1.4. The developer shall comply with all applicable provisions of the Code of the City of
Cypress. (Planning)
1.5. Each individual commercial retail tenant shall obtain a Cypress business license prior to
commencement of their business operation. (Finance) (Applies to Conditional Use Permit
only)
• Community Development Department • Planning Division •
105
Exhibit "A"
Conditional Use Permit No. 3019, Site Plan Review No. 3020, and
Tentative Tract Map No. 17830
Conditions of Approval
Page 2
1.6. All applicable conditions relating to the senior residential community shall be complied
with prior to occupancy of the senior residential buildings and all applicable conditions
relating to the commercial retail buildings shall be complied with prior to occupancy of
those buildings. If and to the extent a condition of approval relates to both the senior
residential community and the commercial retail center, but can be independently satisfied
as it relates to each such project component, (a) the failure to satisfy such condition as it
relates to the senior residential community shall not constitute a failure to satisfy such
condition as it relates to the commercial retail center or provide a basis for the modification,
suspension or revocation of any project entitlement as it relates to the commercial retail
center, and (b) the failure to satisfy such condition as it relates to the commercial retail
center shall not constitute a failure to satisfy such condition as it relates to the senior
residential community or provide a basis for the modification, suspension or revocation of
any project entitlement as it relates to the senior residential community. (Planning)
1.7. 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, developer and all agents thereof. (Planning)
1.8. The project may be developed in multiple phases and the conditions of approval relating to
the development of one or both of the senior residential community and the commercial
retail center may be satisfied on a phase -by -phase basis in accordance with a phasing plan
as approved by the Community Development Director. (Planning)
2. Planning
2.1. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department. (Planning)
2.2. Except as permitted by the Cypress Zoning Ordinance or applicable Specific Plan, any
expansion or modification of the approved plans beyond what is approved as part of this
request will require an amendment to the conditional use or site plan review permits.
(Planning)
2.3. All permanent business activity on the retail commercial center site shall occur within the
buildings. Temporary use permits may be granted for outdoor activity in accordance with
Section 19, of the Cypress Zoning Ordinance. (Planning) (Applies to Conditional Use
Permit only)
2.4. The conditional use permit may be modified or revoked by the City Council in accordance
with Section 4.19.07.J of the Cypress Zoning Ordinance. (Planning) (Applies to
Conditional Use Permit only)
2.5. The developer shall provide mailbox facilities for each residence, to the satisfaction of the
Director of Community Development and the Postmaster. (Planning)
• Community Development Department • Planning Division •
106
Exhibit "A"
Conditional Use Permit No. 3019, Site Plan Review No. 3020, and
Tentative Tract Map No. 17830
Conditions of Approval
Page 3
2.6. Two (2) copies of the CC &Rs covering the senior residential community shall be submitted
to the City staff (prior to recordation) for internal review, recommendation, and approval to
assure the continuous maintenance applicability and enforceability of the CC &Rs so that
the development will not become a liability to the City at a later date. The CC &Rs shall
assign responsibility to an owners association for the maintenance of the common area,
including streets, driveways, parking areas, and landscaping. (Planning)
2.7. A copy of the Condominium Plan for this senior housing development shall be submitted to
City staff for review and approval prior to recordation. (Planning)
2.8. The senior housing development shall maintain individual trash cans for each unit on -site in
accordance with the City's Trash Franchise and Solid Waste Ordinance. The CC &Rs for
the residential development shall include provisions restricting the locations of the trash
cans to the interior of the garage or within a fenced private yard, except the evening prior to
and the day of trash pick -up service for the neighborhood as provided in the Municipal
Code. Individual trash cans shall be contracted through the City's solid waste collector.
(Planning)
2.9. The developer shall work with the City's solid waste collector to determine the appropriate
location of trash containers on pick -up day subject to approval by the Director of
Community Development. Steps shall be taken to minimize the need for large trash trucks
to back up the internal streets or alleys. (Planning)
2.10. The CC &Rs for the senior residential community shall include a section requiring that the
garage parking spaces shall be maintained open and available at all times for the parking of
two vehicles. (Planning)
2.11. Open parking spaces in the senior residential community shall remain unassigned. Guest
parking spaces shall not be used for long -term parking. Restrictions for guest parking
spaces shall be included in the CC &Rs for the senior residential community. (Planning)
2.12. For the senior housing community, the developer shall construct a minimum eight -foot high
split -faced block wall along the north, south, and east property lines. The height of the wall
shall be measured from the highest adjacent grade. In addition, a minimum six -foot high
stucco covered enhanced wall shall be provided along the west property line, adjacent to
Enterprise Drive, and both sides of the main entrance driveway into the community.
(Planning)
2.13. Homes in the senior residential community will require a qualified resident 55 years of age
or older pursuant to State and Federal law and the recorded CC &Rs. (Planning)
• Community Development Department • Planning Division •
107
Exhibit "A"
Conditional Use Permit No. 3019, Site Plan Review No. 3020, and
Tentative Tract Map No. 17830
Conditions of Approval
3. Architectural
Page 4
3.1. Architectural elevations and site plans shall be reviewed by the Community Development
Department for conformance with the plans approved by the City Council prior to the
issuance of building permits. (Planning)
3.2. All architectural and pavement treatments shall be constructed in substantial conformance
as determined by the Community Development Director with the plans submitted to the
City. The final exterior color scheme shall be submitted to City staff for review and
approval prior to painting the structures. (Planning)
3.3. On -site security lighting shall be arranged so that direct rays will be minimized on adjacent
properties or produce glare for street traffic pursuant to the City's Zoning Ordinance.
(Planning)
3.4. 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 include noise bafflers and /or
deflectors on all mechanical equipment mounted outdoors to the satisfaction of City staff.
(Planning)
3.5. The transformer boxes and water valves shall be placed in locations acceptable to the
Director of Community Development and shall be adequately screened from view with
plant materials. (Planning)
3.6. During construction, the developer shall provide an adequate number of trash bins at a
location acceptable to City staff. Construction bins must be maintained onsite. Bin rental
shall be contracted through the City's disposal services contractor. (Planning)
4. Signage
4.1. A comprehensive sign program for the senior housing community and commercial retail
center shall be submitted to the Community Development Department for approval prior to
the installation of any signage. The developer shall not erect or display on the subject
residential or commercial retail properties any signs which have not been approved in
writing by the Community Development Department. (Planning)
4.2. The installation and method of sign illumination shall be reviewed and approved by the
Planning Division and the Building and Safety Division. The business owner shall take the
appropriate measures to ensure that the illumination of the sign shall not create glare for
vehicular traffic. All electrical conduits, timer devices, and other electrical equipment shall
be buried underground or concealed within the sign. (Planning) (Applies to Conditional
Use Permit only)
• Community Development Department • Planning Division •
108
Exhibit "A"
Conditional Use Permit No. 3019, Site Plan Review No. 3020, and
Tentative Tract Map No. 17830
Conditions of Approval
5. Landscaping
Page 5
5.1. A separate detailed landscape and automatic irrigation plan shall be submitted for the
residential and commercial developments to the Cypress Planning Division for review and
approval at least sixty (60) days prior to issuance of a certificate of occupancy. In addition,
a bond shall be posted with the City's Engineering Division to guarantee against defects in
plant materials and workmanship for a period of one (1) year from acceptance of the
landscape installation. All required landscaping shall be permanently maintained in a neat
and orderly condition. (Planning)
5.2. All qualifying landscape projects in the City shall comply with the City's water efficiency
ordinance as well as the water efficient requirements of the Cypress Zoning Code and the
City's Drought Response Management Plan. All irrigation shall be provided by a drip or
microspray system. (Planning)
5.3. Unless otherwise specified, the size of all project trees shall substantially conform as
determined by the Community Development Director with the landscape plan submitted to
the City. (Planning)
5.4. 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. (Planning)
5.5. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas. (Planning)
6. Operational
6.1. The use of mechanical devices associated with the cleaning and maintenance of real
property shall be conducted in accordance with the Cypress Zoning Ordinance. (Planning)
(Applies to Conditional Use Permit only)
6.2. The business hours of operation in relation to delivery activities for the retail commercial
center shall be limited from 7:00 a.m. to 10:00 p.m. only, Monday through Saturday. Late
night or early morning deliveries for the retail commercial center shall be specifically
prohibited. (Planning) (Applies to Conditional Use Permit only)
6.3. The access door to the business premises facing the alleyway and adjoining single family
residences shall remain closed during all hours of business operation. (Planning) (Applies
to Conditional Use Permit only)
6.4. All product and material storage on the commercial center site shall occur within the
building. Exterior storage is specifically prohibited. (Planning) (Applies to Conditional
Use Permit only)
• Community Development Department • Planning Division •
109
Exhibit "A"
Conditional Use Permit No. 3019, Site Plan Review No. 3020, and
Tentative Tract Map No. 17830
Conditions of Approval
Page 6
6.5. Outside public address speakers, telephone bells, buzzers, and similar devices which are
audible on adjoining properties are hereby prohibited unless otherwise approved by a
temporary use permit. (Planning) (Applies to Conditional Use Permit only)
6.6. Security gate systems shall be equipped with a "Knox Box ", "Click to Enter ", or similar
access system providing 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. (Planning)
6.7. The Community Development Director and the City Council shall have the right to review
the hours of operation of the commercial retail center in accordance with Section 4.19.070
of the Cypress Zoning Ordinance. (Planning) (Applies to Conditional Use Permit only)
6.8. The parking lot shall be used solely for vehicular parking, unless otherwise approved in
writing by the Director of Community Development. (Planning) (Applies to Conditional
Use Permit only)
7. Property Maintenance
7.1. 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 negatively impacts the appearance of the structures. (Planning)
7.2. Parking lot surfaces and pedestrian walkways shall be maintained in a safe condition such
that any concrete, asphalt, or other driving or walking surfaces are free of potholes, buckled
or significant cracked surfaces, or raised areas. (Planning) (Applies to Conditional Use
Permit only)
7.3. 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. (Planning) (Applies to Conditional Use Permit only)
7.4. Exterior building elevations shall be maintained such that the buildings are free of broken,
missing or significantly cracked surface finished materials. (Planning) (Applies to
Conditional Use Permit only)
7.5. The homeowners association for the senior community shall maintain their site and all
buildings, structures, walls, etc. free from all graffiti. All graffiti shall be removed within
24 to 48 hours once notified in writing by the City. (Planning)
7.6. The property owner of the retail commercial center shall maintain the site, the publically
accessible interior, and publically viewable exterior of the building(s) clear of all graffiti,
including but not limited to bathrooms and dining areas if applicable. All graffiti shall be
removed within 24 to 48 hours once notified in writing by the City. (Planning) (Applies to
Conditional Use Permit only)
• Community Development Department • Planning Division •
110
Exhibit "A"
Conditional Use Permit No. 3019, Site Plan Review No. 3020, and
Tentative Tract Map No. 17830
Conditions of Approval
8. Fees
Page 7
8.1. Prior to issuance of any building permit or as noted below, the developer shall pay the
following fees per Resolution No. 6118, except as otherwise noted below. (Engineering)
Park and Recreation
Drainage Fee for Master Drainage Plan
City -wide Traffic Improvement
Regional Traffic Improvement
Final Subdivision Map Check (Paid prior to submittal of Final Map)
Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD -09)
Grading / On -Site (Non- Structural) Plan Check (Prior to Submittal of Grading Plans)
Grading Permit and Inspection (Prior to Permit Issuance) (B &S)
Building Plan Check (Prior to Submittal of Plans) (B &S)
Building Permit and Inspection (Prior to Permit Issuance) (B &S)
Public Improvement Plan Check (Prior to Submittal of Plans)
Public Improvement Permit and Inspection (Prior to Permit Issuance)
8.2. Within forty -eight (48) hours of the approval of this project, the developer shall deliver to
the Community Development Department the required Fish and Game impact fee in the
form of a check payable to the County Clerk- Recorder in the amount of $2,919.00 (this
fee already includes the $50.00 County administrative fee), to enable the City to file the
Notice of Determination pursuant to Fish and Game Code §711.4 and California Code of
Regulations, Title 14, section 753.5. If within such forty -eight (48) hour period the
developer has not delivered to the Community Development Department the check
required above, the approval for the project granted herein shall be void. (Planning)
9. Engineering
9.1. That all applicable engineering requirements of the City of Cypress, including preparation
of improvement plans and installation of all improvements such as curbs and gutters,
sidewalks, street grading and pavement, sewer and drainage facilities, or other appurtenant
work shall be complied with as required by the City Engineer and in accordance with
specifications on file in the Office of the City Engineer, as may be modified by the City
Engineer. In the event the developer's contractor and /or subcontractor fails to diligently
prosecute the work within the public right -of -way, the City reserves the right, in its
reasonable discretion, to issue a stop work notice and to provide a substitute contractor
and /or subcontractor to complete said work at the sole cost and expense of developer.
(Engineering)
9.2. Prior to recordation of a subdivision map, the developer shall submit all public
improvement plans and grading plans per the Public Works Standard Plans and specified
design criteria. All plans shall be in ink on 24 inch by 36 inch Mylar with City title block on
all sheets. (Engineering)
• Community Development Department • Planning Division •
111
Exhibit "A"
Conditional Use Permit No. 3019, Site Plan Review No. 3020, and
Tentative Tract Map No. 17830
Conditions of Approval
Page 8
9.3. Prior to recordation of a subdivision map, the developer shall not grant any easements over
any property subject to a requirement of dedication or irrevocable offer to the City of
Cypress, unless such easements are expressly made subordinate to the easements to be
offered for dedication to the City. Prior to granting any of said easements, the subdivider
shall furnish a copy of the proposed easement to the City Engineer for review and approval.
Further, a copy of the approved easement shall be furnished to the City Planner, prior to
recordation of a subdivision map. (Engineering)
9.4. Prior to any street construction or relocation, when there are monuments in the project area
which control the location of subdivisions, streets or highways, or provide survey control,
the developer shall locate and reference the monuments and shall reset them after
construction as required by Section 8771 of the Business and Professions Code, in a
manner meeting the approval of the City Engineer. (Engineering)
9.5. The developer shall notify the Director of Community Development in writing if any
changes to parcel /tract map are proposed during the plan check process. Permits shall not
be issued until the Director of Community Development has reviewed and approved the
proposed changes for substantial conformance with the intent of the City Council's action
and the conditions herein. If the proposed changes are of a substantial nature, an
amendment to the original entitlement may be required. (Engineering, Planning)
10. Landscaping within the Public Right -of -Way
10.1. Prior to issuance of building permits, the developer shall submit a landscaping and
irrigation plan including any landscaping within the public right -of -way to the Planning
Division for approval with a copy to the Maintenance Division Manager. The subject
landscaping and irrigation plans shall be designed to be in conformance with the City's
water efficient landscape ordinance. (Engineering, Maintenance) (Applies to Conditional
Use Permit only)
10.2. The developer shall post a bond to guarantee against any defects in plant materials and
workmanship for a period of 12 months from installation. A soils report for all planting
areas, prepared by a qualified agricultural laboratory, shall be submitted to Public Works
for approval at least 30 days prior to planting date. Test results shall include concentration
of nitrogen, phosphorus, potassium, ph, salinity, sodium status, and boron saturation
extract. Drought tolerant landscape is encouraged and the landscaping will be irrigated from
the private property meter. (Engineering, Maintenance) (Applies to Conditional Use Permit
only)
10.3. Prior to issuance of a certificate of occupancy, the developer shall install all street
landscaping and irrigation per the approved landscaping and irrigation plan for the
commercial retail center. (Engineering, Maintenance) (Applies to the Conditional Use
Permit only)
• Community Development Department • Planning Division •
112
Exhibit "A"
Conditional Use Permit No. 3019, Site Plan Review No. 3020, and
Tentative Tract Map No. 17830
Conditions of Approval
Page 9
10.4. The developer or his successor in interest shall maintain the landscaping planted in the
public right -of -way located along the frontage of their property in a healthy condition.
(Engineering, Maintenance)
11. Sewer and Wastewater
11.1. The developer shall construct a new public sewer lateral with a publicly owned
cleanout/manhole in the public right of way at a location approved by the City Engineer.
(Engineering)
11.2. Prior to the recordation of the subdivision map, the developer shall submit a sewer plan
signed and stamped by a registered civil engineer, detailing all the proposed private sewer
lines with a 0.2% minimum slope and 3 -foot minimum depth and otherwise meeting the
requirements of the City Design Standards for Sewer Facilities. (Engineering)
11.3. All sewer lines within the development shall be private sewer lines and shall be maintained
and cleaned by the developer, or successor in interest. The City of Cypress shall have no
responsibility for maintenance of the private sewer lines. (Engineering)
11.4. Prior to issuance of a certificate of occupancy for commercial tenants designated as food
service establishments, the developer, as required by Ordinance No. 1065 for Food Service
Establishments, shall ensure installation of a grease control device that meets the
requirements of Uniform Plumbing Code Section 1014.0 (Appendix H) and conforms to
the minimum requirements as specified in City of Cypress Standard Plan No. 299, Sand/Oil
Separator & Grease Interceptor with Sample Box. (Water Quality) (Applies to Conditional
Use Permit only)
11.5. Prior to a certificate of occupancy, the developer shall ensure that all future food service
establishments demonstrate that the food service establishment business owner has
obtained a fats, oils, and grease (FOG) permit and has properly trained their employees on
the proper disposal of fats, oils, and grease best management practices. (Water Quality)
(Applies to Conditional Use Permit only)
12. Street Trees — N/A
13. Street Lighting — N/A
14. Streets
14.1 Prior to the recordation of a subdivision map the subdivider shall place a note on the map,
in a manner that meets the approval of the City Engineer , that states:
"The private streets constructed within this map shall be owned, operated and
maintained by the developer, successors or assigns. The City of Cypress shall have no
responsibility for maintenance." (Engineering)
• Community Development Department • Planning Division •
113
Exhibit "A"
Conditional Use Permit No. 3019, Site Plan Review No. 3020, and
Tentative Tract Map No. 17830
Conditions of Approval
Page 10
14.2. Prior to the recordation of a subdivision map, the developer shall reference on the
subdivision map any parcels affected by two -way reciprocal access, joint drainage, joint
irrigation, joint use and parking easements etc., and place a note on the final map reserving
the easement for the benefit of applicable parcels on the map, in a manner meeting the
approval of the City Engineer in consultation with the City Planner. (Engineering)
14.3. Prior to issuance of a certificate of occupancy, the developer shall replace any deficient
sidewalk or driveway approaches or cause to fix any other frontage improvement located in
the public right -of -way that do not meet the requirements of the Americans with
Disabilities Act (ADA) and State of California Title 24. The developer shall submit a plan
for any improvement, in consultation with or as required by the City Engineer, and obtain a
Public Works permit prior to any work within the public right -of -way. The developer shall
grant an easement to the City for pedestrian purposes for any improvement such as
driveway approaches for compliance with ADA requirements. (Engineering)
14.4. Prior to issuance of a certificate of occupancy, the developer shall remove and replace any
existing public improvements at the development site which have existing damage or are
damaged due to construction to the satisfaction of the City Engineer. (Engineering)
14.5. For proposed private streets, structural sections shall be based on the recommendation of a
soils report prepared by an engineering firm acceptable to the City Engineer. Attention is
directed that street structural sections shall be determined by using an applicable Traffic
Index or as otherwise approved by the City Engineer. The minimum flow line grade in
streets shall be two - tenths percent (0.20 %), and the minimum A.C. cross fall shall be two
percent (2 %). (Engineering)
14.6. Prior to issuance of a certificate of occupancy, the developer shall fully improve with curb,
gutter, sidewalk, drive closure, drive approach, paving, etc., the locations along Enterprise
Drive and Katella Avenue which call for new drive approaches and/or drive closures, per
the City Engineer in accordance with the City's Code requirement for streets. (Engineering)
14.7. Street name signs and traffic signs shall be installed per City Standards. (Engineering)
15. Subdivisions
15.1 Prior to issuance of building permits, the developer shall ensure that the Parcel /Tract
Map that meets all of the applicable requirements of the State Subdivision Map Act and
City's Subdivision Ordinance, is recorded and a copy of the recorded map is submitted
to the City Engineer. (Engineering)
15.2. Prior to the approval by the City of the Final Vesting Tract map, the developer shall
provide an irrevocable offer to dedicate the 60- foot -wide portion of the land located at the
northwest corner of the site to the City for future street purposes, as depicted on a graphic
submitted by the developer to the City and dated October 15, 2015. The dedication shall be
by separate deed or included on the Final Tract Map. (Planning, Engineering)
• Community Development Department • Planning Division •
114
Exhibit "A"
Conditional Use Permit No. 3019, Site Plan Review No. 3020, and
Tentative Tract Map No. 17830
Conditions of Approval
Page 11
15.3. Prior to the issuance of certificate of occupancy, the developer shall submit for approval by
the City Engineer an electronic copy of the final map files on a CD in SHP and DWG
format to the Engineering Division. (Engineering)
16. Traffic
16.1. The access driveway to the development shall be designed such as there is minimal
impact on the vehicle's tire upon ingress and egress from the driveway, as approved by
the Director of Community Development. (Engineering)
16.2. Prior to construction of any driveway approach upon public street right -of -way, the
developer shall obtain a public works permit. (Engineering)
16.3. Prior to the issuance of the first certificate of occupancy for the project, the developer
shall provide a cash deposit in the amount of $150,000 to the City. The deposit may be
used by the City to construct a raised median channelizer within the public right -of -way
on Enterprise Drive immediately north of Katella Avenue and /or for other traffic
improvements in the project vicinity deemed necessary by the City Engineer. Any
portion of the deposit not expended by the City for such purposes within three years
following the issuance of the last certificate of occupancy for the project shall be
returned to the developer. (Engineering)
16.4. Prior to the issuance of any grading permits, the developer shall provide adequate sight
distance per Engineering Standard Plan 204 and 205 at all street intersections,
driveways, and parkways, in a manner meeting the approval of the City Engineer. The
developer shall make all necessary revisions to the plan to meet the sight distance
requirement such as removing slopes or other encroachments from the limited use area
in a manner meeting the approval of the City Engineer and City Planner. (Engineering)
17. Utilities
17.1. Prior to issuance of a certificate of occupancy, the developer shall install all new utility
services underground for the project. (Engineering)
17.2. Attention is directed that trenching and backfill in streets shall be per City of Cypress
Standard Plan No. 109. Arterials shall be crossed by boring only including for the new
water line at the east side of the commercial retail site unless otherwise approved by the
City Engineer. In public streets, lateral open cuts spaced within 20 feet of each other
shall be covered with a one inch continuous asphalt concrete cap. (Engineering) (Applies
to Conditional Use Permit only)
• Community Development Department • Planning Division •
115
Exhibit "A"
Conditional Use Permit No. 3019, Site Plan Review No. 3020, and
Tentative Tract Map No. 17830
Conditions of Approval
18. Drainage
Page 12
18.1. Prior to issuance of grading or building permits or recordation of the subdivision map,
whichever comes first, at the direction of the City Engineer, the developer shall submit a
grading plan for approval, in ink, on Mylar, signed and stamped by a registered California
civil engineer and using actual grades from an Orange County Surveyor's Benchmark on a
form acceptable to the City Engineer. (Engineering)
The developer shall ensure the following requirements are met:
- Drainage is designed to the satisfaction of the City Engineer.
The Grading Plan is consistent with the Water Quality Management Plan, Site
Plan and any Improvement Plan for proposed public storm drains.
Submittal of a Preliminary Grading Plan if deemed necessary by the City
Engineer.
The minimum slope standards are met for 1% for landscape areas, AC parking
areas 1.0 %, Concrete .2 %.
All surface runoff and subsurface drainage directed to the nearest acceptable
drainage facility, as determined by the City Engineer.
Drainage facilities discharging onto adjacent property shall be designed to imitate
the manner in which runoff is currently produced from the site or alternatively,
the developer may obtain a drainage acceptance and maintenance agreement,
suitable for recordation, from the owner of said adjacent property.
All drainage facilities must be consistent with the applicable requirements in the
County of Orange Grading Ordinance as supplemented by the Engineering
Division and Local Drainage Manual.
Submittal of a drainage study confirming that, following the completion of the
project, the stormwater discharge rate from the project site will not exceed 0.308
cubic feet per second.
Submittal of drainage studies indicating how the project grading, in conjunction
with the drainage conveyance systems including applicable swales, channels,
street flows, catch basins, storm drains, and flood water retarding, will allow
building pads to be safe from inundation from rainfall runoff which may be
expected from all storms up to and including the theoretical 100 -year flood.
18.2. Prior to the issuance of any building permits (except those for the clubhouse and model
complexes), the underground detention system on the commercial retail property shall be
built and operational to the satisfaction of the City Engineer. (Engineering)
18.3. The onsite drainage system for the entire 33 -acre project site is private. The Homeowners
Association and commercial center property owner are responsible for the ongoing
operation and maintenance of the flood control facilities. The commercial property owner
or commercial property owner's association shall be responsible for the maintenance of the
Modular Wetland System/underground retention basin which accepts water from the senior
• Community Development Department • Planning Division •
116
Exhibit "A"
Conditional Use Permit No. 3019, Site Plan Review No. 3020, and
Tentative Tract Map No. 17830
Conditions of Approval
Page 13
residential community. All systems shall be maintained to the satisfaction of the City
Engineer. (Engineering)
19. Storm Water Quality — National Pollutant Discharge Elimination System
19.1. Prior to the issuance of building permits, the developer shall submit a certified copy of
the approved Final Water Quality Management Plan along with the final approved
Grading Plan and all other supporting documentation on a Compact Disc in digital file
format acceptable to the City Engineer. (Engineering, Water Quality)
19.2. Prior to issuance of a certificate of occupancy, the developer shall clean all onsite storm
drain systems, catch basins, filters, storm drain lines, inlet boxes, etc. Additionally, upon
direction of the City Engineer, the developer shall clean any public storm drain systems,
catch basins, filters, lines, inlet boxes that the City Engineer has determined have been
impacted by the developer's construction. If clean -up is not performed, the City may
make arrangements to clean the system at developer's expense. (Engineering, Water
Quality)
19.3. Prior to the issuance of a certificate of occupancy, the developer shall demonstrate
compliance with the City's NPDES Implementation Program in a manner meeting the
satisfaction of the City Engineer and Water Quality Manager, including:
Demonstrate that all structural Best Management Practices (BMPs) described
in the BMP Exhibit from the project's approved WQMP have been
implemented, constructed and installed in conformance with approved plans
and specifications.
- Demonstrate that the developer has complied with all non - structural BMPs
described in the project's WQMP.
- Submit for review and approval an Operations and Maintenance (O &M) Plan
for all structural BMPs (the O &M Plan shall become an attachment to the
WQMP).
- Demonstrate that copies of the project's approved WQMP (with attached O &M
Plan) are available for each of the initial occupants.
- Agree to pay for an inspection (special investigation) from the City for a date
12 months after the issuance of a certificate of occupancy for the project to
verify compliance with the approved WQMP and O &M Plan.
Demonstrate that the developer has RECORDED one of the following:
• The CC &R's (that must include the approved WQMP and O &M
Plan) for the project's Owner's Associations;
• A water quality implementation agreement that has the approved
WQMP and O &M Plan attached; or
• The final approved Water Quality Management Plan (WQMP) and
Operations and Maintenance (O &M) Plan. (Engineering, Water
Quality)
• Community Development Department • Planning Division •
117
Exhibit "A"
Conditional Use Permit No. 3019, Site Plan Review No. 3020, and
Tentative Tract Map No. 17830
Conditions of Approval
Page 14
19.4. The developer shall ensure that all future commercial tenants comply with all
requirements of Section 13 -29 of the Cypress Municipal Code regarding stormwater
pollution prevention including, but not limited to, obtaining a commercial /industrial
stormwater discharge permit, prior to the issuance of a final certificate of occupancy for
the commercial retail center. (Engineering, Water Quality) (Applies to Conditional Use
Permit only)
19.5. The developer shall place sufficient trash receptacles outside to collect trash generated
by its patrons. No less than one receptacle shall be provided. These shall be properly
maintained and not allowed to overflow. (Engineering, Water Quality) (Applies to
Conditional Use Permit only)
19.6. The developer shall construct new trash enclosure structures with a solid covered roof
that prohibits stormwater from entering and then discharging from the enclosure. The
enclosure shall include a floor drain that is connected to the grease interceptor if utilized
by a food service establishment or connected to the sanitary sewer. The developer shall
obtain all required permits from the Building Department for construction and also
obtain final inspection to ensure it meets the above mentioned criteria prior to the
issuance of a final certificate of occupancy for the commercial retail center.
(Engineering, Water Quality) (Applies to Conditional Use Permit only)
20. Building and Safety
20.1. Developer shall obtain the required permits and comply with applicable provisions of the
2013 California Residential, Building, Plumbing, Electrical, and Mechanical Codes, the
2013 California Green Building Standards Code, Title 24, and the City of Cypress Codes.
(Building & Safety)
20.2. Grading and exterior building construction activities shall be limited to the hours of
between 7:00 a.m. and 8:00 p.m. Monday through Friday, between 9:00 a.m. and 8:00 p.m.
on Saturday, if the City's noise standards are exceeded. Interior building construction and
tenant improvements shall be limited to the hours between 7:00 a.m. and 8:00 p.m. Monday
through Saturday, only if the City's noise standards are exceeded. No construction activity
shall be allowed on Sundays or federal holidays. In addition, construction equipment shall
be equipped with effective muffling devices. Compliance with this measure is subject to
field inspection by City staff. (Building & Safety)
20.3. An automatic fire sprinkler system, approved by the Orange County Fire Authority, may be
required. (Building & Safety)
20.4. Developer shall comply with all disclosure requirements of the Orange County Fire
Authority for hazardous materials use and/or storage and the South Coast Air Quality
Management District for exhaustion of air contaminants. (Building & Safety)
• Community Development Department • Planning Division •
118
Exhibit "A"
Conditional Use Permit No. 3019, Site Plan Review No. 3020, and
Tentative Tract Map No. 17830
Conditions of Approval
Page 15
20.5. Type 5 cement or another type of cement specified by the project structural engineer as
approved by the Building Official shall be used for all foundations and slabs on grade.
(Building & Safety)
20.6. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. thick
moisture barrier. (Building & Safety)
20.7. Developer shall use fire retardant wood shingles for the roof, if applicable. (Building &
Safety)
20.8. A stamped soil investigation report shall be submitted with the plans for plan check.
Report shall include soil bearing capacity, seismic study, in compliance with the Seismic
Hazard Mapping Act of the State of California, grading, paving, sulfate test, and other
pertinent information under good engineering practice. (Building & Safety)
20.9. Construction bins for non - recyclable and recyclable materials generated from any
construction site (residential and non - residential) must be placed "on site" out of the public
right -of -way unless a permit is obtained. (Building & Safety)
20.10. Prior to a final certificate of occupancy, as required by California State Health and Safety
Code Section 19850, the developer shall provide copies of the stamped approved plans and
any revisions on CD in PDF format to the City of Cypress Building Division to serve as the
official file copy of the approved building plans. (Building & Safety)
20.11. Building structural plans shall be stamped by a licensed engineer. (Building & Safety)
20.12.A pre - grading SWPPP's inspection is required prior to grading permit issuance. All
required grading stormwater BMPs shall be installed and inspected by the building
division prior to release of the grading permit. (Building & Safety)
20.13.All proposed street names for newly created streets, whether public or privately owned,
shall be subject to the approval of the City. The developer shall submit to the
Community Development Department a list of three (3) proposed names and the new
street names shall be taken from this list or as recommended by City staff. New streets
that align with existing streets shall use the existing street name. Building addresses
shall be assigned by the City Building Division. (Planning, Engineering, Building &
Safety)
21. Security
21.1. For the commercial retail center, the property address shall be clearly identified on both
sides of the freestanding sign base. A minimum of six -inch (6 ") lettering shall be used
for the property address. The property address shall also be posted in a visible location
on the buildings. (Police Department.) (Applies to Conditional Use Permit only)
• Community Development Department • Planning Division •
119
Exhibit "A"
Conditional Use Permit No. 3019, Site Plan Review No. 3020, and
Tentative Tract Map No. 17830
Conditions of Approval
Page 16
21.2. The address number of every commercial building shall be illuminated during the hours
of darkness so that it shall be easily visible from the street. (Police Department)
(Applies to Conditional Use Permit only)
21.3. All exterior commercial doors, during the hours of darkness, shall be illuminated with a
minimum of one (1) footcandle of light. All exterior bulbs shall be protected by weather
and vandalism resistant cover(s). (Police Department) (Applies to Conditional Use
Permit only)
21.4. Open parking lots, and access thereto, providing more than ten (10) parking spaces and
for use by the general public, shall be provided with a maintained minimum of one (1)
footcandle of light on the parking surface from dusk until the termination of business
every operating day. (Police Department) (Applies to Conditional Use Permit only)
21.5. The landscaping and lighting plans for the project shall also be subject to review by the
Cypress Police Department. (Police Department) (Applies to Conditional Use Permit
only)
22. Antennas — N/A
23. Alcohol — On Sale
The following conditions are applicable to the commercial retail center only.
23.1. The sale of alcohol within the commercial retail center is limited to the onsite sale of beer
and wine only. Any future request for the offsite sale of beer and wine, or the sale of
distilled spirits, will require an amendment to this conditional use permit. (Planning)
(Applies to Conditional Use Permit only)
23.2. The developer shall satisfy all necessary requirements of the State Department of Alcoholic
Beverage Control prior to any alcohol being served within the commercial retail center.
(Planning) (Applies to Conditional Use Permit only)
23.3. Sales, service and consumption of alcoholic beverages shall be permitted only between the
hours of 10:00 a.m. to 1:00 a.m. Sunday through Thursday and 10:00 a.m. to 2:00 a.m. on
Fridays and Saturdays. (Police Department) (Applies to Conditional Use Permit only)
23.4. The rear door(s) of the commercial retail buildings shall be kept closed at all times during
the operation of the premises except in cases of emergency and to permit deliveries. Said
door(s) not to consist solely of a screen door or ventilated security door. (Police
Department) (Applies to Conditional Use Permit only)
• Community Development Department • Planning Division •
120
Exhibit "A"
Conditional Use Permit No. 3019, Site Plan Review No. 3020, and
Tentative Tract Map No. 17830
Conditions of Approval
Page 17
23.5. There shall be no exterior advertising of any kind or type, including advertising directed to
the exterior from within, promoting or indicating the availability of alcoholic beverages.
Interior displays of alcoholic beverages which are clearly visible to the exterior shall
constitute a violation of this condition. (Police Department) (Applies to Conditional Use
Permit only)
23.6. The parking lot of the premises shall be adequately illuminated during hours of darkness to
the satisfaction of the Cypress Police Department. (Police Department) (Applies to
Conditional Use Permit only)
23.7. The windows of the premises shall not be tinted or covered in a way which obstructs a clear
view of the interior of the premises from the exterior. (Police Department) (Applies to
Conditional Use Permit only)
23.8. The playing of music or other forms of entertainment through outside loud speaker(s) is
prohibited unless approved by the City as part of a Temporary Live Entertainment Permit
or Temporary Use Permit. (Police Department) (Applies to Conditional Use Permit only)
24. Alcohol — Off Sale N/A
25. Fire
25.1. Prior to the issuance of a grading permit, the developer or responsible party shall submit the
following plan to the Orange County Fire Authority for review. (OCFA)
• Fire master plan (service code PR145)
25.2. Prior to the issuance of a building permit, the developer or responsible party shall submit
the following plan to the Orange County Fire Authority for review. (OCFA)
• Architectural (service codes PR200- PR285), when required by the OCFA "Plan
Submittal Criteria Form"
• Underground piping for private hydrants and fire sprinkler systems (service codes
PR470- PR475)
• Fire sprinkler system (service codes PR400- PR465)
25.3. Prior to concealing interior construction in buildings within the commercial retail center,
the developer or responsible party shall submit the plans listed below to the Orange
County Fire Authority for review. (OCFA) (Applies to Conditional Use Permit only)
• Sprinkler monitoring system (service code PR500)
• Fire alarm system (service codes PR500- PR520) if required
• Hood and duct extinguishing system (service code PR335)
25.4. Lumber -drop inspection: After installation of required fire access roadways and
hydrants, the developer shall receive clearance from the OCFA prior to bringing
combustible building materials on -site. Call OCFA Inspection Scheduling at
714 -573 -6150 with the Service Request number of the approved fire master plan at
least two days in advance to schedule the lumber drop inspection. (OCFA)
• Community Development Department • Planning Division •
121
Exhibit "A"
Conditional Use Permit No. 3019, Site Plan Review No. 3020, and
Tentative Tract Map No. 17830
Conditions of Approval
Page 18
25.5. Prior to the issuance of a certificate of occupancy, the developer shall be required to
enter into a Secured Fire Protection Agreement (SFPA) with the Orange County Fire
Authority (OCFA) that requires payment to help fund capital improvements if within
90 days following the date of approval of the Vesting Tentative Tract Map, OCFA
provides a current underlying study and fee resolution that explains how the payment
was calculated, and presents substantial evidence that (a) the OCFA has the lawful
authority to require such SFPA and payment and (b) the amount of the payment and the
underlying study comply with all applicable laws, regulations, ordinances and
agreements. (OCFA)
26. Environmental Impact Report (EIR) Mitigation Measures
26.1. The developer shall comply with all mitigation measures contained in the Barton Place
Final Environmental Impact Report.
27. EIR Regulatory Compliance Measures
27.1. The developer shall comply with all regulatory compliance measures described in the
Barton Place Final Environmental Impact Report.
28. EIR Project Design Features
28.1.The project shall incorporate all Project Design Features identified in the Barton Place
Final Environmental Impact Report.
Effective: 10 -26 -15
SECTIONS
1. General
2. Planning
3. Architectural
4. Signage
5. Landscaping
6. Operational
7. Property Maintenance
8. Fees
9. Engineering
10. Landscaping in the Public Right -of -Way
11. Sewer and Wastewater
12. Street Trees
13. Street Lighting
14. Streets
15. Subdivisions
• Community Development Depar intent • Planning Division •
122
Exhibit "A"
Conditional Use Permit No. 3019, Site Plan Review No. 3020, and
Tentative Tract Map No. 17830
Conditions of Approval
16. Traffic
17. Utilities
18. Drainage
19. Storm Water Quality
20. Building & Safety
21. Security
22. Antennas
23. Alcohol — On Sale
24. Alcohol — Off Sale
25. Fire
26. Environmental Impact Report (EIR) Mitigation Measures
27. EIR Regulatory Compliance Measures
28. EIR Project Design Features
Page 19
• Community Development Department • Planning Division •