Resolution No. 4749357
RESOLUTION NO. 4749
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS, CALIFORNIA, APPROVING DESIGN REVIEW
COMMITTEE NO. 96 -42 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 Design Review Committee approval in
accordance with the provisions of Section 18 of the Zoning Ordinance of the City of Cypress
for the construction of a 215,000 square foot office /warehouse /manufacturing building located
on the parcel known as Parcel 7 of the Warland /Cypress Business Center Specific Plan area, at
the southeast corner of Katella Avenue and Walker Street.
2. That in accordance with the provisions of Section 18.3 of the City of Cypress
Zoning Ordinance, the Design Review Committee held a meeting on January 2, 1997, at which
time it approved the construction of the proposed 215,000 square foot
office /warehouse /manufacturing building.
3. That the decision of the Design Review Committee on Design Review Committee
No. 96 -42 was reported to the City Council at the next regular Council meeting following the
date of the action by the Committee.
4. That the City Council hereby finds that:
(a) The proposed location of the building is in accord with the objectives of
the Zoning Ordinance and the purpose of the zone in which the site is
located is intended to:
(1) Provide opportunity for a variety of high quality office, industrial
and commercial tenants consistent with City's General Plan and the
Warland /Cypress Business Center Specific Plan;
(2) Provide a range of employment opportunities on -site including
professional, retail and service, and industrial, thereby widening
the employee base of the City of Cypress;
(3)
Result in a positive revenue flow to the City of Cypress consistent
with the Fiscal Impact Report for the Warland /Cypress Business
Center Specific Plan;
(4) Ensure that the development is perceived as a single, cohesive
business park complex; design measures encompassing
landscaping, signage, setbacks and streetscapes will combine to
establish the unique character of the development;
(5)
Establish flexible development guidelines which will accommodate
future market trends and tenant needs, without sacrificing the
intended high - quality character of the project;
(6) Provide adequate infrastructure to support the specific plan land
uses.
(b) The proposed building is consistent with the goals, policies, and objectives
of the City of Cypress General Plan as updated in 1993.
(c) The proposed location of the building and the conditions under which it
would be operated or maintained will not be detrimental to the public
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health, safety or welfare or be materially injurious to properties or
improvements in the vicinity in that:
(1) The proposed building is consistent with the applicable
development standards and design guidelines set forth in the
Warland /Cypress Business Center Specific Plan.
(2) The proposed facility is compatible with surrounding business park
development.
(3)
Sufficient access and parking for the building will be provided
onsite.
(d) The proposed building implements in part the previously approved
Warland /Cypress Business Center Specific Plan Project.
5. The proposed building will comply with each of the applicable provisions of the
Zoning Ordinance, specifically including the PC -4 Planned Community Business Park Zone.
6. On November 26, 1984, the City Council certified a Final Environmental Impact
Report ( "Specific Plan EIR ") in conjunction with the adoption of the Warland /Cypress Business
Center Specific Plan. The Specific Plan EIR analyzed all potential impacts of development of
the Warland Cypress Business Center including cumulative impacts, at the full buildout levels
permitted by the Specific Plan. The EIR recommended a variety of mitigation measures which
were adopted by the City Council in conjunction with its adoption of the Specific Plan. This
building is within the scope of the project analyzed in the Specific Plan EIR.
7. On February 8, 1993, the City certified the Cypress General Plan Update EIR in
conjunction with the adoption of the City's 1993 General Plan Update (the "General Plan Update
EIR "). The General Plan Update EIR analyzed the city -wide development of business park uses,
including, but not limited to, land use, noise, air quality, transportation/circulation, and
cumulative impacts at the full buildout levels permitted by the Warland /Cypress Business Center
Specific Plan and other Business Park Specific Plans. The EIR recommended a variety of
mitigation measures which were adopted by the City Council in conjunction with its adoption
of the General Plan Update. This building is within the scope of the project analyzed in the
General Plan Update EIR.
8. In accordance with Section 21094 of the California Environmental Quality Act and
Sections 15063, 15162, and 15168 of the California Environmental Quality Act Guidelines, an
Environmental Checklist /Initial Study was prepared in conjunction with the application submitted
by Warland Investments Company for approval of Design Review Committee No. 96 -42, entitled
the "Warland Investments Company Office /Warehouse /Manufacturing Building Initial
Study /Environmental Checklist" (the "Environmental Checklist "). The Environmental Checklist
concluded that with incorporation of the mitigation measures recommended in the Environmental
Checklist, the building would not have significant impacts on the environment which were not
previously analyzed and disclosed in the Specific Plan EIR or the General Plan Update EIR.
9. Based on the analysis of the Environmental Checklist, the City Council finds that:
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(a) The level of development to date in the Warland /Cypress Business Center
Specific Plan Area is below the full buildout levels of development
analyzed in the Specific Plan EIR, and the Cypress General Plan Update
EIR;
(b) The impacts of the proposed building, including the cumulative impacts,
are equal to or less than those considered in the Specific Plan EIR, and
the General Plan Update EIR and no additional mitigation measures
beyond those recommended in the Environmental Checklist are necessary.
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(c) The proposed building will have no additional impacts not analyzed in the
Environmental Checklist;
(d) With incorporation of the mitigation measures recommended in the
Environmental Checklist, including the applicable mitigation measures
adopted in conjunction with the approval of the Specific Plan and the 1993
General Plan Update, the proposed building will not have any significant
unmitigatable impacts on the environment, which were not previously
analyzed in the Specific Plan EIR and /or the General Plan Update EIR.
10. The zoning designation for the site and the Specific Plan permits the density of
development on the site which would be permitted by Design Review Committee No. 96 -42.
There are no significant impacts upon the environment peculiar to the site which were not
addressed as significant impacts in the Specific Plan EIR or General Plan Update EIR, or which
substantial new information shows would be more significant than described in those previous
EIR's.
11. On September 12, 1994, the City Council approved Development Agreement No.
94 -2 vesting Warland Investments Company's right to develop the Warland /Cypress Business
Center Specific Plan. No challenge to the Development Agreement has been filed and the time
for any such challenge has now expired. In accordance with that Development Agreement the
City has retained the right to process building permits and to undertake design review as
specified in the City's Code. This Design Review approval has been processed and approved
in accordance with the Development Agreement.
12. Although this building has been considered using an individual initial
study /environmental checklist, nonetheless cumulative impacts of this building together with the
impacts of development of other speculative buildings, the buildout of the entire
Warland /Cypress Business Center have been addressed in the General Plan Update EIR and
Specific Plan EIR. A separate checklist has been utilized in order to simplify the process of
determining whether there are site specific impacts which are unique to this building as
compared to the impacts previously anticipated in the Specific Plan EIR and the General Plan
Update EIR. Potential cumulative impacts have been adequately considered because the General
Plan Update EIR was predicated on the assumption that all property in the City would be
developed in accordance with the limits of the General Plan.
13. A subsequent environmental impact report is not required pursuant to Public
Resources Code § 21166 in that:
(a) There are no substantial changes proposed for the building which will
require major revisions of the Specific Plan EIR and the General Plan
Update EIR;
(b) Since the certification of the previous EIRs, no substantial changes in
circumstances in the project area or in the Specific Plan have occurred
requiring major revisions to the Specific Plan EIR and General Plan
Update EIR; and
(c) No new information of substantial importance has become available since
the certification of the Specific Plan EIR or the General Plan Update EIR
which would require any important change in the analysis in those EIRs
or which shows that the building will have any significant effects not
discussed in those EIRs, that the effects analyzed will be significantly
more severe than those shown in those EIRs or mitigation measures or
alterations previously found not to be feasible and would substantially
reduce significant effects of the project (the Specific Plan).
14. In conjunction with the adoption of this resolution, the City Council is adopting
the policies and mitigation measures attached hereto as Exhibit "A ", which will avoid all
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potential significant impacts of the building or mitigate them to levels anticipated in the
previously certified EIRs. In some cases, the mitigation measures contained on Exhibit "A"
vary slightly from the mitigation measures contained in the Environmental Checklist. Any
variance between the conditions attached hereto in Exhibit "A" and those contained in the
negative declaration are minor in nature and required to insure clarity, ease of enforcement, or
avoid duplication.
15. Prior to taking action on this resolution, the City Council reviewed and considered
the Specific Plan, the Specific Plan EIR, the General Plan Update, the General Plan Update EIR,
the Initial Study /Environmental Checklist, the traffic study included in the appendix of the Initial
Study, and the mitigated negative declaration prepared for this approval.
16. The mitigated negative declaration adopted for this approval reflects the
independent judgment of the City Council.
17. Considering the record as a whole, there is no evidence that the proposed project
will have the potential for an adverse effect on wildlife resources on the habitat on which
wildlife depends. Any presumption of an adverse effect on wildlife resources or habitat has been
rebutted through the substantial evidence in the record.
18. The proposed building will comply with each of the applicable provisions of the
Zoning Ordinance except for approved variances or adjustments.
NOW, THEREFORE, BE IT FURTHER RESOLVED that:
1. The City Council of the City of Cypress does hereby approve Design Review
Committee No. 96 -42, subject to the conditions of approval and mitigation measures attached
hereto as Exhibit "A";
2. The City Council of the City of Cypress does hereby adopt the mitigated negative
declaration and the mitigation monitoring program for Design Review Committee No. 96 -42 and
directs the Community Development Director to file a Notice of Determination with the County
Clerk in accordance therewith.
APPROVED AND ADOPTED by the City Council of the City of Cypress at a
regular meeting held on the 13th day of January, 1997.
ATTEST:
CITY CLERK
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\r(rwl-■
MAYOR
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STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE
I, LILLIAN HAINA, City Clerk of the City of Cypress, California, DO HEREBY
CERTIFY that the foregoing resolution was duly adopted at a regular meeting of the City
Council of the City of Cypress, held on the 13th day of January 1997; by the following roll
call vote:
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AYES: 5 COUNCIL MEMBERS: Bowman, Jones, Keenan,
Piercy and Carroll
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
4L0
CITY CLERK OF THE CITY OF CYPRESS
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361
362
EXHIBIT "A"
DESIGN REVIEW COMMITTEE NO. 96 -42
CONDITIONS OF APPROVAL
*DENOTES MITIGATION MEASURES
ENGINEERING CONDITIONS
BOLDED CONDITIONS REPRESENT THOSE SPECIFIC TO THIS PROJECT
1. The developer shall conform to all applicable provisions of the Code of the City of
Cypress.
2. Upon separate ownership of parcels, reciprocal easements shall be recorded and
agreements filed with the City governing joint use and maintenance of drive approaches,
drainage, onsite parking, irrigation system, etc.
3. 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 %).
*4. Precise grading plans shall include an Erosion, Siltation and Dust Control Plan for the
approval of the City Engineer. The Plan shall include provisions for mitigation measures
such as temporary irrigation, the sedimentation basins, sand bagging, and a compaction
program. The plan shall ensure that discharge of surface runoff from the site during
construction activities shall not result in increased erosion or siltation discharge to
existing drainage facilities. (Mitigation Measure No. 4)
*5 The following erosion control measures shall be implemented in order to limit wind and
water erosion:
A. Minimizing the length of time that soils lie exposed.
B. Regular watering of clearing and grubbed areas, in compliance with City
requirements and South Coast Air Quality Management District Rule 403, as
revised.
C. Establishment of desirable vehicle speeds within construction areas.
• Community Development Department • Planning Division •
363
Exhibit "A"
Design Review Committee No. 96 -42
Conditions of Approval
Page 2
D. Protection from wind and water erosion will be the responsibility of the project
applicant and contractor in accordance with the erosion control provisions in the
Construction Documents (subject to review and periodic site inspections by the
City staff). (Mitigation Measure No. 5)
6. 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 "). A six -inch (6 ") concrete curb shall be
constructed per City standards to protect all block walls and structures exposed to
vehicular traffic. Grade separation shall not exceed two feet (2') between two adjacent
properties.
7. The developer shall provide adequate "No Parking" controls within the development and
appropriate "No Parking - Fire Lane" signs shall be installed to the satisfaction of the
City Engineer, and County Fire Marshal. Onsite traffic circulation shall be subject to
the approval of the City Engineer.
8. 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.
9. Katella Avenue shall be fully improved with curb, gutter, sidewalk, driveway, paving,
etc., in accordance with the City's Code requirement of Streets.
10. The quantity, location, width, and type of driveways shall be subject to the approval of
the City Engineer. An effective sight distance for vehicular traffic shall be maintained
at the intersection of the driveway entrances with Katella Avenue. No landscaping in
excess of three feet (3') high will be allowed in the area of the curb returns. Adequate
sight distance also shall be maintained within the development at all driveway
intersections to the satisfaction of the City Engineer.
11. All utility services shall be underground. Trenching and backfill in streets shall be per
City of Cypress Standard No. 110. Arterials shall be crossed by boring only. In City
streets lateral open cuts spaced within twenty feet (20') of each other shall be covered
with a one inch (1") continuous A.C. cap.
12. In response to the recommendations indicated in the traffic report and as required by the
City Traffic Engineer, the following improvements shall be installed: North bound
phasing for the signal at Walker Street and Katella Avenue. All costs for design,
engineering and construction shall be the responsibility of the developer.
• Community Development Department • Planning Division •
364
Exhibit "A"
Design Review Committee No. 96 -42
Conditions of Approval
Page 3
13. Street trees (15 gallon) fifty-two feet (52') on center shall be installed in back of public
sidewalk in conformance to the street tree policy of the Public Works Department and
shall be incorporated with the onsite landscape plan. The type of trees shall be as
required by the City's street tree ordinance. Landscaping in Public Right -of -Way shall
be maintained by the developer. For landscaping within the public right -of -way, a
landscape and irrigation plan shall be submitted for approval by the City and a bond
posted by the applicant to guarantee against any defects in plant materials and
workmanship.
14. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer
laterals connecting existing buildings at this property shall be plugged at the property
line.
15. The developer shall comply with all applicable FAA requirements should any portion of
the development encroach within the 100 to 1 imaginary surface surrounding the Los
Alamitos Air Base. Encroachment within the 50 to 1 approach surface will require
approval by the FAA.
*16. The City of Cypress has developed a Citywide Fee to address specific traffic
improvement needs to the General Plan road system. These improvements address future
traffic conditions assuming build -out of the surrounding area. The Citywide Fee is
adopted through Resolution No. 4276 and Ordinance No. 911 and is applicable to this
proposed project. The fee would be applied in accordance with the adopted City
procedures.
Through participation in the adopted fee program, the project would be providing a "fair
share" contribution toward required traffic impacts. For this particular project, the
traffic impacts are anticipated to be less than previously analyzed; therefore, no
additional mitigation should be required for this project. It should be emphasized that
the basis of the Citywide Fee represents full evaluation of cumulative traffic impacts and
the mitigations related to these potential impacts. (Mitigation Measure No. 12)
*17. The City of Cypress has taken a proactive approach to potential regional impacts of new
development through the adoption of a regional traffic fee. This fee is in addition to the
Cypress Citywide Fee (which addresses local impacts) and would provide proportionate
share funding of impacts to the regional roadway system. The proposed project would
be subject to the regional fee, as well as the local Citywide Fee. (Mitigation Measure
No. 13)
• Community Development Department • Planning Division •
365
Exhibit "A"
Design Review Committee No. 96 -42
Conditions of Approval
18. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
Page 4
• Engineering Plan Check & Inspection Fee (Per Resolution 2964).
• Drainage Fee for Master Drainage Plan (Per Resolution 2287).
• City -wide Traffic Improvement Fee (Per Resolution 4348 and current fee
Resolution).
• Regional Traffic Improvement Fee (Per Resolution No. 4400)
• Sanitary Sewer Connection Fee (Per Orange County Sanitation District, No. 3,
Resolution 308).
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• School assessment fees (Mitigation Measure No. 25)
• All applicable Building Department fees.
19. 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 (§ 2100 et seg. - 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.
COMMUNITY DEVELOPMENT CONDITIONS
20. The developers 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
• Community Development Department • Planning Division •
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Exhibit "A" Page 5
Design Review Committee No. 96 -42
Conditions of Approval
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.
21. Utilities shall not be released and Certificate of Occupancy shall not be issued until all
conditions of approval of Design Review Committee No. 96 -42 have been met to the
satisfaction of the Community Development Department.
22. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
23. All requirements of the Orange County Fire Marshal's Office, shall be complied with
prior to a Certificate of Occupancy being issued.
24. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department to insure consistency with Design Review Committee No. 96-
42 prior to the issuance of building permits. The final exterior color scheme shall be
submitted to City staff for review and approval prior to painting the building.
*25. Building materials and architectural designs should provide for internal as well as
external compatibility with respect to surrounding land uses. Architectural design themes
are provided for in the Specific Plan, and shall be developed and reviewed during
subsequent more detailed site planning stages. (Mitigation Measure No. 31)
*26. Architectural design, including materials and colors used in the design, shall be subject
to review and approval by the City prior to issuance of building permits. This review
shall ensure compliance with existing City policies and additional aesthetic guidelines as
required by the Warland /Cypress Business Center Specific Plan, and ensure compatibility
with the surrounding area and the community as a whole. (Mitigation Measure No. 28)
27. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
*28. Roof design shall require architectural review by the City prior to issuance of building
permits and shall include shielding of mechanical equipment including air conditioner,
fans and duct work, and use of roof materials and assembly techniques which appear
finished and attractive in accordance with Specific Plan and General Plan Guidelines.
(Mitigation Measure No. 29)
• Community Development Department • Planning Division •
367
Exhibit "A"
Design Review Committee No. 96 -42
Conditions of Approval
Page 6
28. The transformer boxes and water valves shall be placed in locations acceptable to the
Community Development Director.
30. The developer shall provide an adequate number of trash enclosures onsite and at a
location acceptable to City staff. Construction bins must be maintained onsite. Bin
rental shall be contracted through Briggeman Disposal.
31. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only."
*32. Landscaping shall be provided throughout the proposed development to soften visual
impacts and enhance the aesthetic character. Guidelines and regulations for the planning
of landscaping and its maintenance are set forth in the Specific Plan. Use of native plant
species should be to the maximum extent feasible. (Mitigation Measure No. 30)
*33. At least sixty (60) days prior to issuance of a Certificate of Occupancy, a detailed
landscape and automatic irrigation plan shall be submitted 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. (Mitigation Measure No. 32)
34. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and
of a variety approved by the Community Development Director.
35. 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.
36. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
37. A comprehensive sign program for both building and freestanding monument signs shall
be submitted for Community Development Department approval prior to any signing
installation. The developer shall not erect or display on the subject property any signs
which have not been approved in writing by the Community Development Department.
38. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
*39. Prior to the issuance of building permits (at least thirty (30) days prior) for development
proposed within the study area which would penetrate the 100:1 imaginary surface, the
development proponent will submit FAA Form 7460 -1, "Notice of Proposed Construction
• Community Development Department • Planning Division •
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Exhibit "A"
Design Review Committee No. 96 -42
Conditions of Approval
Page 7
or Alteration" to the Chief, Air Traffic Division of the appropriate FAA regional office
for developments within those affected portions of the study area. The applicant will
comply with all appropriate FAA standards and requirements. The fmdings of the FAA
will be transmitted to the City of Cypress prior to the application for business permits.
(Mitigation Measure No. 1)
*40. The City shall prohibit any structure that is determined to be a "hazard" by FAA because
the proposed structure: a) would raise the ceiling or visibility minimums at an airport for
an existing or planned instrument procedure; b) would result in a loss of airport utility;
or c) would conflict with the VFR air space used for the airport traffic pattern or enroute
navigation to and from the airport. (Mitigation Measure No. 2)
41. 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 appearance.
42. Parking lot surfaces and pedestrian walkways shall be maintained in a safe condition such
that any concrete, asphalt, or other driving or walking surfaces are free of potholes,
buckled or cracked surfaces, or raised areas.
43. 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.
44. 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.
45. A lot line adjustment shall be required for this development prior to the issuance of
any building permits.
46. 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 Thirty -eight Dollars ($38.00) 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.
47. The project shall comply with all applicable mitigation measures as referenced in the
Negative Declaration prior to issuance of Certificate of Occupancy.
is Community Development Department • Planning Division •
36r�
Exhibit "A"
Design Review Committee No. 96 -42
Conditions of Approval
Page 8
BUILDING CONDITIONS
48. 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.
49. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed.
50. Applicant/developer shall comply with all disclosure requirements of the Orange County
Fire Authority for hazardous materials use and /or storage and the South Coast Air
Quality Management District for exhaustion of air contaminants.
51. Type 5 cement shall be used for all foundations and slabs on grade, unless otherwise
indicated by the soils engineer.
52. Wheelchair and handicap access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Building Department standards.
53. 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.
54. A soil investigation report shall be submitted with the plans for plan check. Report shall
include soil bearing capacity, seismic study, grading, paving, sulfate test and other
pertinent information under good engineering practice.
*55. The deterioration study for the Cities of Lakewood, La Palma and Cypress, California,
establish accepted safety standards for residual chemical levels in soils. Prior to issuance
of building permits, a soils test shall be submitted to the Building Division verifying that
residual chemical levels are within the safety standards. Any soil remediation within the
accepted safety standards shall be completed prior to issuance of a building permit.
(Mitigation Measure No. 16)
*56. The development is subject to school assessment fees pursuant to California State law.
The applicant shall provide evidence of compliance to the City prior to issuance of
building permits. (Mitigation Measure No. 25)
57. The Initial Study confirms that the noise impacts from the building will not exceed of
applicable City standards. This development shall at all times meet all applicable
standards of the City's noise ordinance. In accordance with routine City procedures,
prior to the issuance of building permits, the applicant shall submit an acoustical report
meeting all requirements of the Uniform Building Code and Title 24 of the California
• Community Development Department • Planning Division •
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Exhibit "A" Page 9
Design Review Committee No. 96 -42
Conditions of Approval
Code of Regulations, which demonstrates to the satisfaction of the Building Division, that
all project land uses will continue to meet applicable exterior and interior noise standards
including the City's comprehensive noise ordinance and with respect to any habitable
building proposed for construction within the 60 CNEL contour for the Los Alamitos
Army Airfield. The report shall describe the acoustical design features of the structures
required to satisfy the airport Environs Land Use Plan and State interior noise standards
to mitigate the noise impact from the Los Alamitos Army Airfield. (Mitigation Measure
No. 17)
*58. Construction activities shall be limited to the hours of between 7 a.m. and 8 p.m.,
Monday through Saturday. No construction activity shall be allowed on Sundays or
federal holidays. In addition, construction equipment should be equipped with effective
muffling devices. Compliance with this measure is subject to field inspections by City
staff. (Mitigation Measure No. 18)
*59. 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 Chapter 70 of the latest version of the Uniform Building
Code. Compliance with these standards shall be evident on project grading and structural
plans. This measure shall be monitored by the City Building and Safety Department
through periodic site inspections. (Mitigation Measure No. 3)
*60. Prior to issuance of building permits, the applicant shall submit for approval of City
Building Department, a Water Quality Management Plan (WQMP) specifically
identifying Best Management Practices (BMP's) that will be used on -site to control
predictable pollutant runoff. (Mitigation Measure No. 6)
*61. Prior to issuance of building permits, the applicant shall obtain coverage under the
NPDES Statewide Industrial Stormwater Permit for General Construction Activities from
the State Water Resources Control Board. Evidence of this has been attained shall be
submitted to the City Building Department. (Mitigation Measure No. 7)
*62. Prior to issuance of building permits, the developer shall demonstrate to the Orange
County Water District (OCWD) and the City of Cypress, that the use of low water use
fixtures, plumbing fixtures and appliances are planned for the project in accordance with
applicable standards and requirements. (Mitigation Measure No. 8 and 27)
*63. The developer shall work in conjunction with the affected utility agency (GTE) to assure
that adequate services and facilities are provided. (Mitigation Measure No. 26)
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Exhibit "A"
Design Review Committee No. 96 -42
Conditions of Approval
Page 10
*64. Construction of the project 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 - Reduction 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).
(Mitigation Measure No. 9)
*65. The applicant shall comply with the Subdivision Map Act, Building Energy Efficient
Standards and State and local laws for energy conservation. Compliance shall be
determined by the Building division during building plan review. (Mitigation Measure
No. 10)
*66. The development shall comply with thermal regulations for the commercial and industrial
sector, as specified in CM #90 E- C -1A,2B and CM #90 E -C -2, as described in the General
Plan. The Engineering Division shall enforce compliance during the development plan
review process. (Mitigation Measure No. 11)
*67. Any hazardous waste, including paint, oil, gasoline and similar products that is generated
on -site shall be transported to an appropriate disposal facility by a licensed hauler in
accordance with the appropriate state and federal laws. The Building Division shall
monitor compliance. (Mitigation Measure No. 14)
*68. Any business which uses, handles, stores or disposes of hazardous materials, including
oil and gasoline, shall obtain all appropriate permits and comply with all regulations
administered by the California Department of Health Services. Storage of such materials
shall be conducted in accordance with the City of Cypress' Hazardous Materials
Disclosure Ordinance. Compliance shall be determined by the City when a city business
tax license, if required, or a certificate of occupancy is obtained. (Mitigation Measure
No. 15)
69. 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 AUTHORITY CONDITIONS
70. Prior to the issuance of any building permits, the applicant shall submit to the Fire Chief
evidence of the onsite fire hydrant system indicating public or private. If the system is
private, the system shall be reviewed and approved by the Fire Chief prior to issuance
• Community Development Department • Planning Division •
372
Exhibit "A"
Design Review Committee No. 96 -42
Conditions of Approval
Page 11
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.
71. Prior to the recordation of any subdivision map, a note shall be placed on the map stating
that all structures to be built shall be protected by an automatic fire sprinkler system, in
a manner meeting the approval of the Fire Chief.
72. Prior to the recordation of a subdivision map, the applicant shall obtain approval of the
Fire Chief of all fire protection access easements and shall dedicate them to the
County \City. The CC &Rs shall contain provisions which prohibit obstructions within
the fire protection access easement. The approval of the Fire Chief is required for any
modifications such as speed bumps, control gates or other changes in within said
easement.
73. Prior to the issuance of any building permits, the applicant shall submit and obtain
approval of preliminary plans for all streets and courts, public or private from the Fire
Chief in consultation with the Manager, Traffic Engineering. The plans shall include the
plan view, sectional view, and indicate the width of the street or court measured flow
line to flow line. All proposed fire apparatus turnarounds shall be clearly marked when
a dead -end street exceeds 150 feet or when other conditions require it.
74. Prior to the issuance of any building permits, an Orange County Fire Authority Water
Availability Form shall be submitted to and approved by the Engineering Section of the
Orange County Fire Authority. If sufficient water to meet fire flow requirements is not
available, an automatic fire extinguishing system shall be installed in each structure.
75. Prior to the issuance of any grading permits, the applicant shall submit and obtain
approval from the Fire Chief for street improvement plans with fire lanes shown. The
plans shall indicate the location of red curbing and signage. A drawing of the proposed
signage with the height, stroke and color of lettering and the contrasting background
color shall be submitted to and approved by the Fire Chief. Prior to the issuance of the
certificate of use and occupancy the approved fire lane markings shall be installed. The
CC &Rs shall contain a fire lane map and provisions which prohibit parking in the fire
lanes. A method of enforcement shall be included.
76. Prior to the issuance of any grading permits, the applicant shall submit to the Fire Chief
a list of the quantities of all hazardous, flammable and combustible materials, liquids or
gases. These liquid and materials are to be classified according the "Orange County Fire
Department Chemical Classification Handout." The submittal shall provide a summary
sheet listing each hazard class, the total quantity of chemicals stored per class and the
• Community Development Department • Planning Division •
Exhibit "A"
Design Review Committee No. 96 -42
Conditions of Approval
Page 12
373
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.
77. Prior to the issuance of any building permits for combustible construction, the developer
shall submit and obtain the Fire Chief's approval of a letter and plan stating that water
for fire fighting purposes and an all weather fire access road shall be in place and
operational as required by the Uniform Fire Code before any combustible materials are
placed on the site.
78. Prior to the issuance of any building permits, an Orange County Fire Authority Water
Availability Form shall be submitted to and approved by the Plan Review Section of the
Orange County Fire Authority. If sufficient water to meet fire flow requirements is not
available, an automatic fire extinguishing system shall be installed in each structure, in
a manner meeting the approval of the Fire Chief.
79. Prior to the issuance of any building permits, plans for the automatic fire sprinkler
system shall be submitted to and approved by the Fire Chief prior to installation. This
system shall be operational prior to the issuance of a Certificate of Use and Occupancy.
80. Prior to the issuance of any building permits, the applicant shall submit a detailed letter
of intended use for each building to the Fire Chief for review and approval.
81. Prior to the issuance of any building permits, 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 before the issuance of any building permits.
82. Prior to the issuance of a building permit, the applicant shall submit plans for the review
and approval of the Fire Chief. The applicant shall include information on the plans
required by the Fire Chief. Contact the Orange County Fire Authority Plans Review
Section at (714) 744 -0403 for the Fire Safety Site /Architectural Notes to be placed on the
plans.
83. Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall have
a "Blue Reflective Pavement Marker" indicating its location on the street or drive per the
Orange County Fire Authority Standard and approved by the Fire Chief. On private
property, these markers are to be maintained in good condition by the property owner.
84. Prior to installation of any aboveground or underground storage tanks, plans shall be
submitted to the Fire Chief for review and approval.
• Community Development Department • Planning Division •
374
Exhibit "A"
Design Review Committee No. 96-42
Conditions of Approval
Page 13
*85. The proposed project shall include a water system of sufficient capacity and pressure for
the proposed land uses and fire protection. (Mitigation Measure No. 19)
*86. Sufficient accessibility for fire - fighting equipment shall be provided. The Orange County
Fire Authority shall review precise development proposals to ensure adequate access and
fire protection facilities. (Mitigation Measure No. 20)
*87. Installation of smoke detection devices, use of fire- retardant building materials and
shrubbery, prominent placement of rescue service telephone numbers and appropriate
siting of other fire - fighting appurtenances shall improve internal building safety.
(Mitigation Measure No. 21)
*88. All buildings shall be constructed to conform with applicable state and City building
codes. (Mitigation Measure No. 22)
*89. The proposed use shall include a water system of sufficient capacity and pressure for the
proposed land uses and fire protection. Sufficient acceptability for fire- fighting
equipment shall be provided. The Orange County Fire Authority shall review precise
development proposals to ensure adequate fire protection facilities. (Mitigation Measure
No. 23)
POLICE CONDITIONS
90. A lighting plan for the exterior of the building and for all parking lots shall be submitted
to the Cypress Police Department for approval prior to the issuance of building permits.
91. All exterior emergency exits shall have locking hardware designed to be locked from the
exterior and unlocked from the interior.
*92. Police services to the development shall be enhanced through the provision of adequate
street lighting, clearly marked street names and building numbers, and security hardware.
Other measures to facilitate service to the development and minimize potential crime
problems shall be based on consultation with the Police Department during subsequent
design and implementation stages. (Mitigation Measure No. 24)
Effective 1/13/97
• Community Development Department • Planning Division •