Resolution No. 5185316
RESOLUTION NO. 5185
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 99 -12 - WITH CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed for a conditional use permit in accordance with the
provisions of Section 35.77 of the Zoning Ordinance of the City of Cypress to allow the
construction of a 72,417 square -foot office /warehouse building located at 5440 Cerritos Avenue,
within the PBP Planned Business Park Zone.
2. That the City Council, after proper notice thereof, duly held a public hearing on
said application as provided by law. At the public hearing held on January 10, 2000, City
Council meeting, the City Council considered the staff report and all information, testimony,
evidence and written comments presented during the public review period and at the public
hearing.
3. That the City Council hereby finds that:
a. The proposed location of the conditional use is in accord with the
objectives of the Zoning Ordinance and the purpose and intent of the PBP Planned
Business Park Zone in which the site is located, which is:
Intended to provide for the classification and development of parcels of
land as complete, comprehensive, and integrated projects so as to take
advantage of the superior environment which can result from large scale
community planning, and thereby reduce adverse environmental impacts of
uncoordinated development. Additionally, this zone is intended to provide
for a zone encompassing various types of land uses such as educational,
professional and administrative office, commercial centers, industrial
parks, open space, or any public or semi - public use or combination of uses
through 1) established zoning mechanisms and criteria as set out in the PS
Public /Semi - Public Zone; or 2) the adoption of a specific plan and text
materials which set forth land use relationships and development
standards; and
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 project and the conditions under which it
would be operated or maintained will not be detrimental to the public health, safety or
welfare or be materially injurious to properties or improvements in the vicinity in that:
(1) The proposed office /warehouse building is consistent with the
applicable development standards and design guidelines set forth in the Cypress
Business and Professional Center Specific Plan.
(2) The proposed office /warehouse building is consistent with
surrounding business park and race track development.
(3)
onsite.
Sufficient access and parking for the building will be provided
d. The proposed office /warehouse building implements in -part the previously
approved Cypress Business and Professional Center Specific Plan project.
e. The proposed office /warehouse building, as conditioned, will comply with
each of the applicable provisions of the Cypress Zoning Ordinance, specifically including
the PBP Planned Business Park Zone.
4. On April 17, 1990, the City Council certified a Final Environmental Impact
Report ( "Specific Plan EIR ") in conjunction with the adoption of the Cypress Business and
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Professional Center Specific Plan. The Specific Plan EIR analyzed all potential impacts of
development of the Cypress Business and Professional Center including cumulative impacts, at
the full buildout levels permitted by the Specific Plan. The EIR recommended a variety of
mitigation measure 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.
5. On February 8, 1993, the City certified the Cypress General Plan Update EIR in
conjunction with the adoption of the City's 1993 General Plan Update (the "General Plan Update
EIR "). The General Plan Update EIR analyzed the city -wide development of business park uses,
including, but not limited to, land use, noise, air quality, transportation/circulation, and
cumulative impacts at the full buildout levels permitted by the Cypress Business and Professional
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. The proposed office building is within the scope of the project
analyzed in the General Plan Update EIR.
6. 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 Nick Adachi Architects, for approval of Conditional Use Permit No. 99 -12, entitled the
"Initial Study /Environmental Checklist Ushio America Walker Facility Southwest Corner of
Cerritos Avenue and Walker Street (the "Environmental Checklist "). The Environmental
Checklist concluded that with incorporation of the mitigation measures from the Specific Plan
EIR, the proposed office /warehouse 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.
7. Based on the analysis of the Environmental Checklist, the City Council finds that:
(a) The level of development to date in the Cypress Business and Professional
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 impact 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.
(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.
8. The zoning designation for the site and the Specific Plan permits the density of
development on the site which would be permitted by Conditional Use Permit No. 99 -12. 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 EIRs.
9. On May 24, 1990, the City Council approved Development Agreement No. 90 -1
vesting the Cypress Development Partnership's right to develop the Cypress Business and
Professional 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
development review as specified in the City's Code. This Conditional Use Permit approval has
been processed and approved in accordance with the Development Agreement.
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10. 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 buildings, the buildout of the entire Cypress Business and
Professional 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 within the limits of
the General Plan.
11. A subsequent environmental impact report is not required pursuant to Public
Resources Code § 21166 in that:
(a) There are no substantial changes to the project area which will require
major revisions of the Specific Plan EIR and the General Plan Update EIR;
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
(b)
(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 proposed office /warehouse 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).
12. 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
potential significant impacts of the buildings 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.
13. 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 and the mitigated negative declaration prepared for this
approval.
14. The mitigated negative declaration adopted for this approval reflects the
independent judgment of the City Council.
15. Considering the record as a whole, there is no evidence that the proposed building
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.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Conditional Use Permit No. 99 -12, subject to the conditions
attached hereto as Exhibit "A".
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 10th day of January , 2000.
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MAYOR OF THE CITY OE CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
319
I, LILLIAN M. HAINA, 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 10th day of January , 2000, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Keenan, McCoy, McGill, Sondhi and
Piercy
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 9 COUNCIL MEMBERS: None
CITY CL RK OF THE CITY OF CYPRESS
320
EXHIBIT "A"
Conditional Use Permit No. 99 -12
5440 Cerritos Avenue
CONDITIONS OF APPROVAL
* Denotes Ushio Initial Study /Environmental Checklist Mitigation Measures
** Denotes Cypress Business & Professional Center Specific Plan EIR Mitigation Measures
Bolded conditions represent those specific to this project.
GENERAL CONDITIONS
1. The developer shall defend, indemnify, and hold harmless, the City and any agency
thereof, or any of its agents, officers, and employees from any and all claims, actions, or
proceedings against the City or any agency thereof, or any of its agents, officers or
employees, to attack, set aside, void or annul, an approval of the City, or any agency
thereof, advisory agency, appeal board, or legislative body, including actions approved
by the voters of the City, concerning the project, which action is brought within the time
period provided in Government Code Section 66499.37 and Public Resources Code,
Division 13, CH. 4 (§ 21000 et se q. - including but not by way of limitation § 21152 and
21167). City shall promptly notify the developer of any claim, action, or proceeding
brought within this time period. City shall further cooperate fully in the defense of the
action and should the City fail to either promptly notify or cooperate fully, developer
shall not thereafter be responsible to defend, indemnify, or hold harmless the City.
2. The developer's contractor shall provide the City with a Certificate of Insurance on City
form evidencing a comprehensive liability insurance policy with a combined single limit
of not less than $500,000 each occurrence in connection with the work performed.
Certificate shall include the City, its Council, officers, members of boards or
commissions and employees as additional Named Insureds with respect to all claims,
actions, damages, liabilities and expenses, including attorney's fees, arising out of or in
connection with the work to be performed under the development executed by the Named
Insured and City, including any act or omission of employees, agents, subcontractors, or
their employees. Such certificate shall have a thirty (30) day cancellation notice to the
City of Cypress.
3. All requirements of the Orange County Fire Marshal's Office, Orange County Health
Department, and Cypress Building and Safety Division shall be satisfied prior to
commencement of the business operation.
4. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to a Certificate of Occupancy being issued.
5. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
• Community Development Department • Planning Division •
321
Exhibit "A"
Conditional Use Permit No. 99 -12
Conditions of Approval
Page 2
6. All applicable conditions of Conditional Use Permit No. 99 -12 shall be complied with
prior to occupancy of the subject building.
7. All business activity shall occur within the building. Temporary use permits may be
granted for outdoor activity in accordance with Section 13.1 of the Cypress Zoning
Ordinance.
8. Within forty -eight (48) hours of the approval of this project, the applicant /developer shall
deliver to the Community Development Department a check payable to the County Clerk -
Recorder in the amount of Thirty-Eight Dollars ($38.00) County administrative fee, to
enable the City to file the Certificate of Fee Exemption in accordance with 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
applicant /developer has not delivered to the Community Development Department the
check required above, the approval for the project granted herein shall be void.
ENGINEERING CONDITIONS
9. The developer shall conform to all applicable provisions of the Code of the City of
Cypress and the Cypress Business and Professional Center Specific Plan Mitigation
Monitoring Program.
10. Drainage shall be solved to the satisfaction of the City Engineer. A grading and drainage
plan, in ink on Mylar, signed by a registered California civil engineer and using actual
grades from an Orange County Surveyor's Benchmark shall be submitted for approval by
the City Engineer. A topography of the area surrounding this development shall be made
to establish existing drainage flow patterns. If the existing natural flow of any adjoining
parcel is across the land of this development, a drainage easement shall be granted and
drainage facilities provided for that property to the satisfaction of the City Engineer. All
onsite drainage conveyed to the street shall be by means of an under - sidewalk drain.
Onsite landscape 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 %).
11. Drainage system design and connection to County flood control channels shall be subject
to approval of the County of Orange if and when the system ever connects directly into
the County flood control channels.
* *12. Any offsite drainage improvements shall be designed and constructed to adequately
convey runoff from the site in addition to existing flows, provided developer's costs are
limited to paying for only the burden caused by runoff from the site. (Source: Mitigation
Measure #62, page 151, Cypress Business and Professional Center Specific Plan EIR.)
• Community Development Department • Planning Division •
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Exhibit "A" Page 3
Conditional Use Permit No. 99 -12
Conditions of Approval
* *13. The developer shall pay, prior to the first building permit being issued on each
development area, the local drainage area acreage assessment currently in effect per City
Ordinance. Drainage fees paid for Development Areas 2, 3, 4, and 5 are subject for
reimbursement, in part, to the developer of the Walker Street Storm Drain. The drainage
fees will only be collected for the development of the Business Park Planning Areas and
for 5 acres of the golf course. Fees for the rest of the golf area and the race track will be
collected whenever they are redeveloped to different uses. (Source: Mitigation Measure
#63, page 151, Cypress Business and Professional Center Specific Plan EIR.)
* *14. Drainage system improvements shall be designed and constructed to City and Orange
County Flood Control District (OCFCD) standards, if applicable, and will be approved
by those agencies prior to development. Improvements may be constructed in a phased
sequence depending upon the development process. Facility shall be dedicated to the City
at the completion of construction to the extent required by the City. (Source: Mitigation
Measure #64, page 151, Cypress Business and Professional Center Specific Plan EIR.)
* *15. Developer will pay Master Planned Drainage fees not offset by construction of Master
Planned facilities. The drainage fee shall be paid in full for the 74.6 acre Business Park
area computed on gross acreage and for 5 acres of the golf course for the club house
which is being developed immediately. Drainage fees will be paid prior to issuance of
building permits based upon the acreage of the Planning Areas involved. The amount
of said fee shall be based on the per acre assessment in effect at the time the fee is paid.
(Source: Mitigation Measure #7, page 48, Cypress Business and Professional Center
Specific Plan EIR.)
16. A retaining wall per City standards shall be constructed at the property line where the
finish grade difference is greater than twelve inches (12 "), as measured from the highest
finished grade. A six-inch (6 ") concrete curb shall be constructed per City standards to
protect all block walls and structures exposed to vehicular traffic. The property lines
shall have a single block wall only and the Developer shall obtain and submit to the City,
the written permission or denial of the adjacent property owner. Grade separation shall
not exceed two feet (2') between two (2) adjacent properties.
17. The developer shall provide adequate "No Parking" controls within the development and
appropriate "No Parking - Fire Lane" signs shall be installed per California Vehicle Code
22658, to the satisfaction of the City Engineer, and County Fire Marshal. The developer
of this project shall provide adequate speed control within the development to the
satisfaction of the City Engineer. Onsite traffic circulation shall be subject to the
approval of the City Engineer.
18. Disabled access facilities shall be installed in accordance with the requirements of the
Federal Americans with Disabilities Act (ADA) and State of California Title 24.
19. 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
• Community Development Department • Planning Division •
323
Exhibit "A"
Conditional Use Permit No. 99 -12
Conditions of Approval
satisfaction of the City Engineer.
Page 4
20. 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 Cerritos 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.
21. 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.
* *22. All telephone service will be in accordance with the tariffs and regulations on file with the
California Public Utilities Commission. (Source: Mitigation Measure #76, page 158,
Cypress Business and Professional Center Specific Plan EIR.)
* *23. All existing telephone lines along Walker Street and Katella Avenue, but excluding those
along Cerritos Avenue, and all proposed telephone lines on or adjacent to the site shall be
placed underground as determined by the City Engineer per City Ordinance and the
Public Utilities Commission regulations. Developer shall also make a cash deposit with
the City for the cost of undergrounding any telephone lines along Cerritos Avenue
adjacent to Development Area 2. Undergrounding shall be performed concurrently with
development of each development area. (Source: Mitigation Measure #77, page 158,
Cypress Business and Professional Center Specific Plan EIR.)
* *24. The developer shall be responsible for installing underground all proposed electric lines
within the development. (Source: Mitigation Measure #78, page 159, Cypress Business
and Professional Center Specific Plan EIR.)
* *25. All existing electrical facilities, excluding those along Cerritos Avenue, and all proposed
electrical facilities, on or adjacent to the site shall be placed underground as determined
by the City Engineer per City Ordinance and Public Utilities Commission regulations.
Developer shall also make a cash deposit with the City for the cost of undergrounding any
electrical lines (except those described in City Code Section 25- 32(a)(2)) along Cerritos
Avenue adjacent to Development Area 2. Undergrounding shall be performed
concurrently with development of each development area. (Source: Mitigation Measure
#79, page 159, Cypress Business and Professional Center Specific Plan EIR.)
26. Street lights on marbelite standards shall be installed on Cerritos Avenue and Walker
Street per Southern California Edison Company and City requirements. Traffic signs
shall be installed per City Standards.
• Community Development Department • Planning Division •
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Exhibit "A" Page 5
Conditional Use Permit No. 99 -12
Conditions of Approval
27. 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.
28. A sewer plan shall be submitted for approval by the City Engineer. Sewer service for the
development may be by connection to the main line sewer in St. Alban Street.
29. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Public Works Plan Check & Inspection Fee (Per Resolution 5069).
• Drainage Fee for Master Drainage Plan (Per Resolution 2287).
• City -Wide Traffic Improvement Fee (Per Reso. 4348 and current fee Resolution).
• Regional Traffic Improvement (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, 4001, and 4220).
• All applicable Building Division fees.
30. Prior to occupancy, Cerritos Avenue and Walker Street shall be fully improved in
accordance with the City's Code requirements of streets, including but not limited
to the following:
A. Street lights shall be installed on Walker Street, and additional street lights
shall be installed on Cerritos Avenue, per Edison Co. and City Standards.
B. The corner of Cerritos Avenue and Walker Street shall be improved with:
removal and replacement of settled sidewalk, removal and replacement of
wheelchair ramp to ADA standards, reconfiguration of guy wires to Edison
pole in order to meet City and CalTrans seven (7) foot overhead clearance
standard.
* *C. Left turn pocket access into the easterly Cerritos driveway and traversable
island access to the westerly Cerritos driveway shall be installed per the
approval of the City Engineer and in accordance with Mitigation Measure
No. 33.
D. Walker Street shall be improved with an eight foot (8') wide meandering
concrete off - street bike trail /sidewalk in back of the existing landmark street
trees in a fully dedicated easement per the approval of the City Engineer.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 99 -12
Conditions of Approval
Page 6
31. In accordance with the Cypress Master Plan of Drainage, storm water runoff from
the site shall be conveyed by underground storm drain system to the Walker Street
storm drain. Storm runoff shall not be conveyed to Cerritos Avenue.
32. Developer shall apply for an encroachment permit and hold City harmless for the
existing water well and pump facility at the corner of Cerritos Avenue and Walker
Street.
* *33. The applicant shall be responsible for improvements identified for the intersection of
Cerritos Avenue and Walker Street that are located immediately adjacent to the project
site, and will require dedication of property, as needed. Such improvements shall be
constructed simultaneously with the first grading permit issued for Development Area
2. (Source: Mitigation Measure #20, page 97, Cypress Business and Professional
Center Specific Plan EIR.)
* *34. The traffic signal shall be modified as necessary at the following intersection. This
modification shall commence with the development of the Development Area noted:
• Cerritos at Walker (Development Area 2)
(Source: Mitigation Measure #31, page 100, Cypress Business and Professional Center
Specific Plan EIR.)
*35. In accordance with Mitigation Measure Nos. 20 and 31, Cerritos Avenue shall be
widened 12 feet, and Cerritos /Walker traffic signals modified for installation of an
additional eastbound through traffic lane. In lieu of installing the above
improvements, developer may submit a surety performance bond, letter of credit,
or other instrument approved by the City Engineer to cover the cost of said
improvements at a future date. (Mitigation Measure T1)
*36. At all driveway access locations along Katella Avenue, Cerritos Avenue and Walker
Street, adequate sight distance shall be provided by avoiding the placement of
structures, signs, landscaping, and other objects that would obstruct the vision of
drivers. Determinations shall be made at the time of each site development plan
review. (Source: Mitigation Measure #32, page 100, Cypress Business and
Professional Center Specific Plan EIR.) (Mitigation Measure T2)
*37. Driveways on Katella Avenue, Cerritos Avenue and Walker Street shall permit left -turn
access to the project in such a manner that adequate left -turn pockets can be provided
on the streets. Conceptual designs shall be submitted for City Engineers approval at the
time of site development plan review for each development area. (Source: Mitigation
Measure #33, page 100, Cypress Business and Professional Center Specific Plan EIR.)
(Mitigation Measure T3)
• Community Development Department • Planning Division •
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Exhibit "A" Page 7
Conditional Use Permit No. 99 -12
Conditions of Approval
*38. Acceleration/deceleration lanes, to facilitate traffic movements at unsignalized project
driveways, shall be provided as determined necessary by the City Engineer.
Conceptual designs shall be submitted for City Engineers approval at the time of site
development plan review for each development area. (Source: Mitigation Measure
#36, page 100, Cypress Business and Professional Center Specific Plan EIR.)
(Mitigation Measure T4)
*39. Prior to issuance of building permits, the applicant shall submit for approval of City
Building Division, a Water Quality Management Plan (WQMP) specifically identifying
Best Management Practices (BMPs) that will be used on -site to control predictable
pollutant runoff. (Mitigation Measure UTIL1)
*40. Prior to issuance of building permits, the applicant shall obtain coverage under National
Pollutant Discharge Elimination System (NPDES) Statewide Industrial Stormwater
Permit for General Construction Activities from the State Water Resources Control
Board. Evidence that this has been attained shall be submitted to the City Building
Division. (Mitigation Measure UTIL2)
*41. Developer /property owner shall obtain a Notice of Intent from the State of California
Regional Quality Control as the total acreage of the project is 5 acres and greater. A
copy of the Notice of Intent acknowledgment from the State of California Regional
Water Quality Control Board must be submitted to the City of Cypress before issuance
of grading permits. (Mitigation Measure HWQ1)
*42. Prior to issuance of grading permits, Best Management Practices (BMP's) shall be
developed in compliance with Orange County's municipal NPDES permit program.
Specific measures shall include:
• Siltation of drainage devises shall be handled through a maintenance program to
remove silt /dirt from channels and parking areas.
• Surplus or waste materials from construction shall not be placed in drainage
ways or within the 100 -year floodplain surface waters.
• All loose piles of soil, silt, clay, sand, debris, or other earthen materials shall be
protected in a reasonable manner to eliminate any discharge to waters of the
state.
• During construction, temporary gravel or sandbag dikes shall be used as
necessary to prevent discharge of earthen materials from the site during periods
of precipitation or runoff.
• Stabilizing agents such as straw, wood chips and /or soil sealant /dust palative
shall be used during the interim period after grading in order to strengthen
exposed soil until permanent solutions are implemented.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 99 -12
Conditions of Approval
Page 8
• Revegetated areas shall be continually maintained in order to assure adequate
growth and root development. (Mitigation Measure HWQ2)
*43. The development shall comply with thermal regulations for commercial and industrial
sector, as specified in CM #90E -C -IA, 2B and CM #90E -C -2, as described in the
General Plan. The Engineering Division shall enforce compliance during the
development plan review process. (Source: Mitigation Measures #21 and 22, page 5.2-
15, Cypress General Plan Update EIR.) (Mitigation Measure AQ3)
*44. Precise grading plans shall include an Erosion, Siltation and Dust Control Plan to be
approved by the City Engineer. The Plan shall include provisions for mitigation
measures such as temporary irrigation, 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. (Source: Pursuant to the requirements of
Mitigation Measure #3, page 5.1 -7, Cypress General Plan Update EIR.) (Mitigation
Measure GEO4)
* *45. As identified by the County of Orange and the Soil Conservation Service, there may be
several soil - related hazards, such as high groundwater and liquifaction, that could have
a significant adverse impact on future development. Therefore, a soils engineering and
geologic study shall be undertaken and submitted to the City Engineer for approval
prior to submittal of formal site development plans for each structure on site. Said
study shall accurately assess the potential for high groundwater and liquefaction on the
subject property and identify appropriate corrective measures, such as over excavation
and recompaction and /or structure reinforcement. In addition, this study shall
determine specific foundation/engineering parameters for each proposed project.
(Source: Pursuant to the requirements of Mitigation Measure #2, page 47, Cypress
Business and Professional Center Specific Plan EIR.)
* *46. Whenever feasible, grading shall be conducted during the dry season to reduce onsite
soil erosion. (Source: Pursuant to the requirements of Mitigation Measure #3, page 47,
Cypress Business and Professional Center Specific Plan EIR.)
* *47. Exposed soil areas shall be planted where appropriate to control downstream
sedimentation. Planting plans prepared for each site development shall reflect this
requirement. (Source: Pursuant to the requirements of Mitigation Measure #5, page 47,
Cypress Business and Professional Center Specific Plan EIR.)
* *48. Development within 100 -year flood zone areas shall be subject to all applicable
construction and floodproofing requirements (ie., flood level or be protected by
floodproofing). Review for compliance in this regard will occur during each site
grading plan submittal. (Source: Pursuant to the requirements of Mitigation Measure
#6, page 47, Cypress Business and Professional Center Specific Plan EIR.)
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 99 -12
Conditions of Approval
Page 9
* *49. The developer shall cause to be completed a Sanitation Districts of Orange County
(Districts) Master Plan analysis to confirm the capacity of the present sewer
transmission/treatment system and /or determine the necessary improvements to said
system resulting from the ultimate development of the proposed project. An agreement
shall be entered into between the City, the Districts and the developer to design and
construct those facilities found to be necessary by said analysis, that are directly
attributable to the developer's project. Said analysis, design and construction shall be
performed at the developer's sole expense. The analysis shall be completed and
accepted by both the City and the Districts, and the agreement executed by all parties
prior to the City's acceptance of the developer's application for the first site
development plan within Development Areas 2, 3, 4, 5 or 6. (Source: Pursuant to the
requirements of Mitigation Measure #16.a, page 47, Cypress Business and Professional
Center Specific Plan EIR.)
*50. Required sewer improvements shall be designed and constructed to City and Orange
County Sanitation District (OCSD) standards for approval by the City Engineer prior to
development. Facilities shall be dedicated to the City and /or OCSD at the completion
of construction. (Source: Mitigation Measure #59, page 145, Cypress Business and
Professional Center Specific Plan EIR.) (Mitigation Measure UTIL4)
*51. The applicant shall pay sewer connection fees to both the City and County Sanitation
Districts of Orange County (CSDOC) in order to obtain wastewater collection and
treatment services. The fees shall be determined to be those in effect at the time the fee
is paid. (Source: Mitigation Measure #60, page 147, Cypress Business and
Professional Center Specific Plan EIR.) (Mitigation Measure UTIL5)
* *51 Easements shall be provided onsite for all gas mains not installed in a public right -of-
way. (Source: Mitigation Measure #69, page 153, Cypress Business and Professional
Center Specific Plan EIR.)
* *53. All services and facilities built will be in accordance with policies and extension rules
of the California Public Utilities Commission and federal regulatory agencies. (Source:
Mitigation Measure #70, page 153, Cypress Business and Professional Center Specific
Plan EIR.)
*54. Developer /Property owner shall submit a Storm Water Pollution Prevention Plan
(SWPPP) which identifies construction and post construction BMP's to the Engineering
Division for review and approval. (Mitigation Measure HWQ3)
* *55. Southern California Water Company (SCWC) charges a special facility fee for
industrial and commercial development to offset the cost for water supply facilities.
Appropriate fees, as required by SCWC shall be paid by the applicant. An onsite
reservoir site could be provided as mitigation in lieu of mitigation fees, at the discretion
• Community Development Department • Planning Division •
329
Exhibit "A"
Conditional Use Permit No. 99 -12
Conditions of Approval
Page 10
of SCWC. (Source: Mitigation Measure #72, page 157, Cypress Business and
Professional Center Specific Plan EIR.)
* *56. Precise water system requirements will be determined during detailed levels of project
design and are subject to the provisions of the site plan review by the City of Cypress
and the Southern California Water Company. (Source: Mitigation Measure #73, page
157, Cypress Business and Professional Center Specific Plan EIR.)
* *57. Water mains shall be dedicated to the water company after construction and acceptance.
(Source: Mitigation Measure #74, page 157, Cypress Business and Professional Center
Specific Plan EIR.)
*58. 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 buildout 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 T5)
*59. The City of Cypress has also 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.
(Mitigation Measure T6)
* *60. The Traffic Impact Mitigation Fee will be paid in cash, at the time of issuance of each
building permit for the subject development (as required by Ordinance Nos. 911 and
926), and the amount shall be per Resolution Nos. 4348 and 4400 (adjusted for
inflation) or such other amount as may be in effect at the time of issuance of the
building permit. (Source: Mitigation Measure #19, page 97, Cypress Business and
Professional Center Specific Plan EIR.)
* *61. The parkway, including sidewalk along the west side of Walker Street, shall be 20 feet
and if additional right -of -way is required it shall be dedicated to the City and reduction
in the required setback will be made corresponding to the additional area dedicated.
(Source: Mitigation Measure #37a., page 101, Cypress Business and Professional
Center Specific Plan EIR.)
• Community Development Department • Planning Division •
330
Exhibit "A"
Conditional Use Permit No. 99 -12
Conditions of Approval
Page 11
*62. The project applicant shall pay to the City of Los Alamitos one dollar ($1.00) per
square foot in accordance with the Los Alamitos Traffic Fee Settlement Agreement.
(Mitigation Measure T7)
COMMUNITY DEVELOPMENT CONDITIONS
63. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
64. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 99 -12 will require an amendment to the conditional use
permit.
65. This conditional use permit may be modified or revoked by the City Council should the
Council determine that the proposed use or conditions under which it is being operated or
maintained is detrimental to the public health, safety, or welfare, or materially injurious
to properties or improvements in the vicinity.
* *66. Each site development plan shall comply with Guidelines contained in the Specific Plan
for architectural design, signage, and landscape /streetscape design. (Source: Mitigation
Measure #47, page 182, Cypress Business and Professional Center Specific Plan EIR.)
67. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
68. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted. The final exterior color scheme shall be submitted to City staff for review and
approval prior to actually painting the structure.
* *69. Adequate lighting, to be determined during each site development final plan preparation,
shall be provided for all automobile parking areas, trucking and loading areas, and all
pedestrian and vehicle access points. (Source: Mitigation Measure #50, page 182,
Cypress Business and Professional Center Specific Plan EIR.)
* *70. Parking lots shall be lighted. All lighting, interior and exterior, shall be designed and
located to minimize power consumption and to confine direct illumination to the premises
to avoid light and glare impacts. Lighting design shall be performed during each site
development final plan preparation. (Source: Mitigation Measure #51, page 182,
Cypress Business and Professional Center Specific Plan EIR.)
* *71. View corridors along adjacent roadways shall be preserved by conformance with the
design standards (building setbacks, height limitations, etc) and landscaping criteria as set
• Community Development Department • Planning Division •
331
Exhibit "A"
Conditional Use Permit No. 99 -12
Conditions of Approval
Page 12
forth in the Specific Plan. Conformance shall be determined during each site plan
submittal review. (Source: Mitigation Measure #52, page 182, Cypress Business and
Professional Center Specific Plan EIR.)
*72. On -site security lighting shall be arranged so that direct rays will not shine on or
produce glare for adjacent street traffic, the Grace Church and Christian School located
to the west, and the residential located to the north. (Mitigation Measure AES1)
73. All roof mounted equipment, such as heating and air conditioning units, shall be
adequately screened from public view subject to the approval of City staff. Commercial
or industrial developments which adjoin residentially zoned areas shall construct noise
bafflers and /or deflectors on all mechanical equipment mounted outdoors, to the
satisfaction of City staff.
74. The transformer boxes and water valves shall be placed in locations acceptable to the
Community Development Director.
75. 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.
*76. The project applicant shall submit advance notice to Briggeman Disposal Service Inc.
one (1) week prior to the occupancy date of the building. (Source: Mitigation Measure
#65, page 152, Cypress Business and Professional Center Specific Plan EIR.)
(Mitigation Measure UTIL6)
*77. Where feasible, buildings shall install refuse compacting equipment to substantially
reduce the number of refuse hauling trips and allow for more effective and sanitary
disposal. (Source: Mitigation Measures #67, page 152, Cypress Business and
Professional Center Specific Plan EIR.) (Mitigation Measure UTIL7)
78. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only."
79. A detailed landscape and automatic irrigation plan shall be submitted to the Community
Development Department for review and approval at least sixty (60) days prior to
issuance of a Certificate of Occupancy. The plan shall be designed to soften visual
impacts of the project and to serve as a buffer to preserve land use compatibility in the
area, where it is deemed necessary. In addition, a bond shall be posted with the Public
Works Department to guarantee against defects in plant materials and workmanship.
* *80. Each site development landscaping plan shall be consistent with the Specific Plan in order
to maintain a cohesive theme across the project site and to reduce aesthetic impacts
associated with groups of structures on the site from adjacent roadways and residential
properties. (Source: Mitigation Measures #48, page 182, Cypress Business and
Professional Center Specific Plan EIR.)
• Community Development Department • Planning Division •
332
Exhibit "A"
Conditional Use Permit No. 99 -12
Conditions of Approval
Page 13
81. A landscape screen shall be installed along the west property line to sufficiently
screen the loading areas from the adjacent streets and church use in accordance with
the requirements of the Cypress Business and Professional Center Specific Plan, to
the satisfaction of the Community Development Department.
82. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of
a variety approved by the Community Development Director.
83. 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.
84. A comprehensive sign program for both building and freestanding monument signs shall
be submitted for Design Review Committee 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.
85. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
86. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
87. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
88. Security gate systems shall be equipped with a Knox box system providing access with a
Knox submaster key for emergency access by police and fire services. The security gate
system shall be approved in writing by the Cypress Police Department and Orange
County Fire Authority prior to issuance of building permits.
89. All walls, fences and trash enclosures shall be maintained free of significant surface
cracks, dry rot, warping, missing panels or blocks, which threaten the structure's
structural integrity or graffiti which threatens the appearance.
90. 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.
91. 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.
• Community Development Department • Planning Division •
333
Exhibit "A"
Conditional Use Permit No. 99 -12
Conditions of Approval
Page 14
92. 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.
93. Prior to the issuance of building permits for any habitable building proposed for
construction within the 60 CNEL contour from the Los Alamitos Army Airfield, the
project proponent shall submit to the City of Cypress an acoustical analysis report. 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 along with evidence
that the sound attenuation measures specified in the report have been incorporated with
the design of the project.
94. The business hours of operation in relation to truck dock activity shall be limited from
7:00 a.m. to 7:00 p.m. Monday through Saturday; no Sunday trucking activities shall be
permitted. Late night or early morning deliveries shall be specifically prohibited.
95. No repair of trucks or equipment, other than minor incidental maintenance, shall occur on
the site. No fuel facilities will be permitted onsite.
96. No trucks shall be permitted to remain idling on the site.
97. No overnight parking of vehicles shall be permitted, except those used in conjunction
with the permitted use. Delivery trucks may remain parked at the loading dock overnight
for a maximum of one (1) night if loading has not been completed at the end of the
permitted loading hours.
98. Within forty -eight (48) hours of the approval of this project, the applicant /developer shall
deliver to the Community Development Department a check payable to the County Clerk -
Recorder in the amount of Thirty -Eight Dollars ($38.00) 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 applicant /developer has not delivered to the Community
Development Department the check required above, the approval for the project granted
herein shall be void.
*99. Landmark trees within each development area shall not be removed until authorized by
the City of Cypress and such trees shall be replaced on -site with an equivalent number
of specimen trees (48 inch box or larger) to be incorporated into the landscaping
treatment of specific plan site. Replacement trees will be in addition to the normal tree
planting requirements. Note: this requirement supersedes the 24" box replacement
requirement noted in the Cypress Downs EIR, page 82. (Source: Mitigation Measure
#49, page 118, Cypress Business and Professional Center Specific Plan EIR.)
(Mitigation Measure BIO1)
* *100. Each building occupant shall, as a condition of use, participate in any source reduction or
recycling program developed by, or adopted by the City to reduce waste generation.
• Community Development Department • Planning Division •
334
Exhibit "A" Page 15
Conditional Use Permit No. 99 -12
Conditions of Approval
(Source: Mitigation Measure #67, page 152, Cypress Business and Professional Center
Specific Plan EIR.)
*101. Any hazardous waste that is generated on -site shall be transported to an appropriate
disposal facility by a licensed hauler in accordance with the appropriate State and
Federal laws. (Source: Mitigation Measure #68, page 152, Cypress Business and
Professional Center Specific Plan EIR.) (Mitigation Measure HM1)
*102. Any business which uses, handles, stores or disposes of hazardous materials, shall
obtain all appropriate permits and comply with all regulations administered by the
California Department of Health Services. Storage of hazardous materials must also be
conducted in accordance with the City of Cypress' Hazardous Materials Disclosure
Ordinance. Such compliance shall be effected coincident with each business obtaining
its City Business Tax License, if required, or obtaining a certificate of Occupancy if a
Business Tax License is not required. (Mitigation Measure HM2)
*103. Prior to issuance of building permits (at least 30 days prior) for development proposed
within the study area which would penetrate the 100:1 imaginary surface, the
development proponent will submit FAA Form 7460 -1, "Notice of Proposed
Construction or Alteration," to the Chief, Air Traffic Division, of the appropriate FAA
regional office. The applicant will comply with all appropriate FAA standards and
requirements. The findings of the FAA will be transmitted to the City of Cypress prior
to application for building permits. (Source: Mitigation #17, page 49, Cypress
Business and Professional Center EIR.) (Mitigation Measure LU1)
* *104. Building height limitations shall conform to Federal Aviation Regulations (FAR) Part 77
to eliminate conflicts with approach and departure paths associated with the Los Alamitos
Air Field operations. FAA approval shall be obtained as described in Mitigation Measure
#17 of the Cypress Business and Professional Center Specific Plan EIR. (Source:
Mitigation #45, page 108, Cypress Business and Professional Center EIR.)
*105. Grading and exterior construction activities shall be limited to the hours between 7:00
AM. and 8:00 PM., Monday through Friday and 9:00 AM. to 8:00 PM. 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 AM and 8:00 PM, Monday
through Saturday, only if the 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. (Source: Cypress Municipal Code Section 13-
70(e).) (Mitigation Measure N1)
*106. Prior to issuance of building permits, the applicant shall submit evidence, to the
satisfaction of the Building Division, that all proposed land uses will meet applicable
exterior and interior noise standards, including the City's Comprehensive Noise
Ordinance. (Mitigation Measure N2)
• Community Development Department • Planning Division •
335
Exhibit "A"
Conditional Use Permit No. 99 -12
Conditions of Approval
Page 16
107. The project shall comply with all mitigation measures as referenced in the Negative
Declaration prior to issuance of Certificate of Occupancy.
108. Should substantiated complaints be received, this conditional use permit may be modified
and /or revoked, subject to a public hearing.
BUILDING CONDITIONS
109. Applicant/developer shall comply with applicable provisions of the 1997 Uniform
Building, Plumbing and Mechanical Codes, 1996 National Electrical Code, California
Code of Regulations, Title 24, and the Code of the City of Cypress.
110. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed.
111. Applicant /developer shall comply with all disclosure requirements of the South Coast Air
Quality Management District for exhaustion of air contaminants.
*112. Type 5 cement shall be used for all foundations and slabs on grade. (Mitigation Measure
GEO3)
113. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
114. 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.
115. Prior to final certificate of occupancy, as required by California State Health and Safety
Code, Section 19850, the applicant shall submit to the Cypress Building Division, 35mm
microfilm copies of the approved plans on standard aperture cards, to serve as the official
file copy of the approved building plans.
*116. Construction shall comply with SCAQMD Rule 403, as revised. The applicant shall
also obtain approval of a dust control plan from the Building Division prior to issuance
of each grading or building permit. Dust - reducing measures shall include regular
watering of graded surfaces, restriction of all construction vehicles and equipment to
travel along established and regularly watered roadways, and suspending operations
that create dust during windy conditions (winds greater than 25 mph). (Mitigation
Measure AQ1)
* *117. The project shall comply with SCAQMD, Rule 2206, which requires employers of more
than 250 persons to devise ridesharing plans to reduce vehicle miles traveled. This may
apply to employers within the office buildings or commercial areas. (Source: Mitigation
• Community Development Department • Planning Division •
336
Exhibit "A"
Conditional Use Permit No. 99 -12
Conditions of Approval
#55, page 132, Cypress Business and Professional Center EIR.)
Page 17
*118. The following erosion control measures shall be implemented in order to limit wind and
water erosion:
• Minimizing the length of time the soils lie exposed.
• Regular watering and clearing of grubbed areas, in compliance with City
requirements and South Coast Air Quality Management District Rule 403, as
revised.
• Establishment of desirable vehicle speeds within construction areas.
• Protection from wind and water erosion will be the responsibility of the
applicant and contractor in accordance with the erosion control provisions in the
Construction Documents (subject to review and periodic site inspection by the
City staff.) (Source: Pursuant to the requirements of Mitigation Measure #3,
page 5.1 -7, Cypress General Plan Update EIR.) (Mitigation Measure GEO5)
*119. 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
AQ2)
*120. All structures shall be designed as confirmed during the building design plan checking,
to withstand anticipated groundshaking caused by future earthquakes within an
acceptable level of risk, i.e., high risk zone, as designated by the City's latest adopted
edition of the Uniform Building Code. (Mitigation Measure GEO1)
*121. 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 grading
and structural plans. This measure shall be monitored by the City Building and Safety
Division through periodic site inspections. (Source: Mitigation Measure #1, page 47,
Cypress Business and Professional Center Specific Plan EIR and pursuant to the
requirements of Mitigation Measures #1, page 5.1 -6, Cypress General Plan EIR.)
(Mitigation Measure GEO2)
*122. As required by State law, the following water conservation measures shall be
incorporated into the design of each building on the site:
• Low -flush toilets
• Low -flow showers and faucets
• Insulation of hot -water lines in water recirculating systems
• Community Development Department • Planning Division •
337
Exhibit "A"
Conditional Use Permit No. 99 -12
Conditions of Approval
Page 18
The following water consumption measures suggested by the Department of Water
Resources shall be implemented where applicable and feasible:
Interior
• Supply Line Pressure: Recommended water pressure greater than 50 pounds per
square inch (psi) be reduced to 50 psi or less by means of a pressure reducing
valve.
• Flush Valve Operated Water Closets: Recommended three gallon per flush.
• Drinking Fountains: Recommended equipped with self - closing valves.
• Pipe Insulation: Recommended all hot water lines be insulated to provide hot
water faster with less water waste, and to keep hot pipes from heating cold
water pipes.
Exterior
• Consider landscaping with low water - consuming plants wherever possible.
• Use mulch extensively in all landscaped areas. Mulch applied on top of soils
will improve the water - holding capacity of the soil by reducing evaporation and
soil compaction.
• Install efficient irrigation systems which minimize runoff and evaporation and
maximize the water which will reach the plant roots. Drip irrigation, soil
moisture sensors and automatic irrigation systems are a few methods to consider
in increasing irrigation efficiency and may be feasible for the project.
• Use pervious paving materials whenever feasible to reduce surface water runoff
and aid in groundwater recharge.
• Investigate the feasibility of utilizing reclaimed wastewater, stored rain water or
"gray" water for irrigation.
(Source: Mitigation Measure #75, pages 157 and 158, Cypress Business and
Professional Center Specific Plan EIR.) (Mitigation Measure UTIL3)
FIRE AUTHORITY CONDITIONS
123. Prior to the issuance of a building permit for combustible construction, the building shall
submit a letter on company letterhead stating that water for fire fighting purposes and the
all weather fire protection access roads shall be in place and operational before any
combustible material is placed on -site.
• Community Development Department • Planning Division •
338
Exhibit "A"
Conditional Use Permit No. 99 -12
Conditions of Approval
Page 19
124. Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief
evidence of the onsite fire hydrant system and indicate whether it is public or private. If
the system is private, the system shall be reviewed and approved by the Fire Chief prior
to issuance of a building permit. 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.
125. Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall have
a "Blue Reflective Pavement Marker" indicating the hydrant location on the street or
drive per the Orange County Fire Authority Standard as approved by the Fire Chief.
These markers are to be maintained in good condition by the property owner.
126. Prior to the issuance of a building permit, the applicant shall submit plans for any
required automatic fire sprinkler system in any structure to the OCFA for review and
approval. Prior to the issuance of a certificate of use and occupancy, this system shall be
operational prior to the issuance of a Certificate of Use and Occupancy.
127. Prior to the issuance of any building permits, the applicant shall submit a detailed letter of
intended use for each building onsite to the Fire Chief for review and approval.
128. Prior to the issuance of any grading permit, the applicant shall obtain approval of the Fire
Chief for all fire protection access roads to within 150 feet of all portions of the exterior
of every structure onsite.
129. Prior to the issuance of any grading permits, the applicant shall submit and obtain
approval of plans for all roads, streets and courts, public or private, from the Fire Chief
in consultation with the Manager, Subdivision and Grading Services.. The plans shall
include the plan view, sectional view, and indicate the grade and 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 otherwise required.
Applicable CC &R's, or other approved documents, shall contain provisions which
prohibit obstructions such as speed bumps /humps, control gates or other modifications
within said easement or access road unless prior approval of the Fire Chief is granted.
130 Street Signs. A note shall be placed on the fire protection access easement plan indicating
that all street /road signs shall be designed and maintained to be either internally or
externally illuminated in a manner meeting approval of the Fire Chief.
131 Prior to the issuance of a building permit, the applicant shall submit plans and obtain
approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet
in width. The plans shall indicate the locations 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.
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 99 -12
Conditions of Approval
Page 20
132. Prior to the issuance of any certificate of use and occupancy, the fire lanes shall be
installed in accordance with the approved fire land plan. The CC &R's, or other approved
documents, shall contain a fire lane map and provisions which prohibit parking in the fire
lanes. The method of enforcement shall be documented.
133. Prior to the issuance of any grading permits, the applicant shall submit and obtain the Fire
Chiefs approval for the construction of any gate across required Fire Authority Access
roads /drives. Contact the Orange County Fire Authority at (714) 744 -0403 for a copy of'
the "Guidelines for Fire Authority Emergency Access."
134. Prior to the issuance of a building permit, the applicant shall contact the Orange County
Fire Authority Hazardous Materials Disclosure Office at (714) 744 -0463 to obtain a
"Hazardous Materials Business Information and Chemical Inventory Packet". This shall
be completed and submitted to the Fire Chief prior to the issuance of a building permits.
135. Prior to the issuance of a use /site permit(s), issuance of any grading permits or building
permits, whichever occurs first, the applicant shall submit to the Fire Chief a list of the
quantities of all hazardous, flammable and combustible materials, liquids or gases to be
stored, used, or handled on site. These liquid and materials shall be classified according
the Uniform Fire Code using 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 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.
136. Prior to approval of a site development /use permit or the issuance of a building permit,
whichever occurs first, the applicant shall submit plans for the review and approval of the
Fire Chief as indicated on the OCFA Plan Submittal Criteria form. Contact the Orange
County Fire Authority at (714) 744 -0403 for a copy of the Fire Safety Site /Architectural
Notes to be placed on the plans prior to submittal.
POLICE CONDITION
* *137. Each development project on the site, as determined during design reviews, shall be
subject to security requirements or design modification to minimize potential criminal
activity. (Source: Mitigation Measure #80, page 161, Cypress Business and
Professional Center Specific Plan EIR.)
Effective: 1/10/2000
• Community Development Department • Planning Division •