Resolution No. 4887i!b
RESOLUTION NO. 4887
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE NO. 97 -33 - 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 Design Review Committee permit in
accordance with the provisions of Section 18.2 of the Zoning Ordinance of the City of Cypress to
allow the construction of a 23,500 square -foot commercial building located at 5895 Katella
Avenue, within the PC -3 Planned Community Business Park Zone.
2. That in accordance with Section 18.3 of the Cypress Zoning Ordinance, the
Design Review Committee reviewed and approved this project on November 13, 1997, at which
time it approved the construction of the proposed 23,500 square -foot commercial building.
3. That in accordance with Section 18.4 of the Cypress Zoning Ordinance, the
decision of the Design Review Committee on Design Review Committee No. 97 -33 was reported
to the City Council at the next available regular Council meeting following the date of the action
by the Committee.
4. That in accordance with Section 18.4 of the Cypress Zoning Ordinance, the
effective date of the Design Review Committee's decision to approve this project shall be the date
of acceptance by the City Council and upon receipt by the Community Development Department
of a signed agreement to any conditions of approval by the applicant.
5. That the City Council hereby finds that:
a. The proposed location of the project is in accordance with the objectives of
the Zoning Ordinance and the purpose and intent of the PC -3 Planned Community
Business Park Zone in which the site is located, which is:
Intended to ensure responsible development in the Specific Plan area while
allowing for creative and imaginative community design concepts tailored
to meet the needs of the particular area.
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 commercial building is consistent with the applicable
development standards and design guidelines set forth in the Amended McDonnell
Center Specific Plan.
(2) The proposed commercial building is consistent with surrounding
business park development.
(3)
onsite.
Sufficient access and parking for the building will be provided
d. The proposed commercial building implements in -part the previously
approved Amended McDonnell Center Specific Plan project.
e. The proposed commercial building, as conditioned, will comply with each
of the applicable provisions of the Cypress Zoning Ordinance, specifically including the
PC -3 Planned Community Business Park Zone.
6. In January, 1982, the City Council certified a Final Environmental Impact Report
( "Specific Plan EIR ") in conjunction with the adoption of the McDonnell Center Specific Plan.
The Specific Plan EIR analyzed all potential impacts of development of the McDonnell Center
.3/7
Specific Plan project, 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. Subsequently, in October of
1994, an Expanded Initial Study was prepared for the Amended McDonnell Center Specific Plan
project, addressing additional square footage of development in the Specific Plan area. A
mitigated Negative Declaration was filed accordingly. This building is within the scope of the
Specific Plan project, as amended and analyzed in the Specific Plan Environmental Impact Report
(EIR) and the subsequent Expanded Initial Study.
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 McDonnell 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 T & K Development for approval of Design Review Committee No. 97 -33, entitled the
"Initial Study /Environmental Checklist Design Review Committee No. 97 -33 (the
"Environmental Checklist "). The Environmental Checklist concluded that with incorporation of
the mitigation measures from the Specific Plan Environmental Impact Report (EIR) and
subsequent Expanded Initial Study, 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 fords that:
(a) The level of development to date in the Amended McDonnell 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 Amended 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 Environmental Impact Report
(EIR), the subsequent Expanded Initial Study, 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. 97 -33.
There are no significant impacts upon the environment peculiar to the site which were not
addressed as significant impacts in the Specific Plan Environmental Impact Report (EIR), the
subsequent Expanded Initial Study, or the Cypress General Plan Update EIR, or which
substantial new information shows would be more significant than described in those previous
EIRs.
11. Although this building has been considered using an individual initial
study /environmental checklist, nonetheless cumulative impacts of this building together with the
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impacts of development of other speculative 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 in
accordance with the limits of the General Plan.
12. 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).
13. 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.
14. 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.
15. The mitigated negative declaration adopted for this approval reflects the
independent judgment of the City Council.
16. 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 Design Review Committee No. 97 -33, subject to the conditions
attached hereto as Exhibit "A".
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 8th day of Decembe r , 1997.
3
MAYOR OF T E CIS' OF CYPRESS
ATTEST:
CITY LERK OF THE CITY OF CYPRESS
319
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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 8th day of December 1997;
by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, Keenan, Piercy
and Jones
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CL RK OF THE CITY OF CYPRESS
320
EXHIBIT "A"
DESIGN REVIEW COMMITTEE NO. 97 -33
5895 Katella Avenue
CONDITIONS OF APPROVAL
NOTE: Asterisks ( *) denote conditions which are specific to this project; and Bolded conditions
represent Mitigation Measures identified in the Initial Study Checklist which was prepared for
this project. The sources of the mitigation measures are noted in parentheses at the end of each
measure. These sources include: The Cypress General Plan Environmental Impact Report
(GPEIR), The Amended McDonnell Center Specific Plan Expanded Initial Study (SPIS), or
standard City requirements specific to this project (Project Specific).
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 (§ 2100 et sec . - including but not by way of limitation § 21152 and
21167). City shall promptly notify the developer of any claim, action, or proceeding
brought within this time period. City shall further cooperate fully in the defense of the
action and should the City fail to either promptly notify or cooperate fully, developer
shall not thereafter be responsible to defend, indemnify, or hold harmless the City.
2. The developer's contractor shall provide the City with a Certificate of Insurance on City
form evidencing a comprehensive liability insurance policy with a combined single limit
of not less than $500,000 each occurrence in connection with the work performed.
Certificate shall include the City, its Council, officers, members of boards or
commissions and employees as additional Named Insureds with respect to all claims,
actions, damages, liabilities and expenses, including attorney's fees, arising out of or in
connection with the work to be performed under the development executed by the Named
Insured and City, including any act or omission of employees, agents, subcontractors, or
their employees. Such certificate shall have a thirty (30) day cancellation notice to the
City of Cypress.
3. The applicant/developer shall comply with all provisions of the Code of the City of
Cypress.
4. The applicant/developer and /or occupant of the commercial building shall obtain a
Cypress business license prior to commencement of the business operation.
• Community Development Department • Planning Division •
321
Exhibit "A"
Design Review Committee No. 97 -33
Conditions of Approval
Page 2
5. All applicable conditions of Design Review Committee No. 97 -33 shall be complied with
prior to occupancy of the subject building.
6. Within forty-eight (48) hours of the approval of this project, the applicant /developer shall
deliver to the Community Development Department a check payable to the County Clerk -
Recorder in the amount of Thirty-eight Dollars ($38.00) County administrative fee, to
enable the City to file the Notice of Determination pursuant to Fish and Game Code
Section §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
7. Drainage shall be solved to the satisfaction of the City Engineer. A grading and drainage
plan, in ink on Mylar, signed by a registered California civil engineer and using actual
grades from an Orange County Surveyor's Benchmark shall be submitted for approval by
the City Engineer. A topography of the area surrounding this development shall be made to
establish existing drainage flow patterns. If the existing natural flow of any adjoining
parcel is across the land of this development, a drainage easement shall be granted and
drainage facilities provided for that property to the satisfaction of the City Engineer. All
onsite drainage conveyed to the street shall be by means of an under - sidewalk drain. All
lots shall have a slope gradient of one percent (1%) minimum in landscape areas. In
parking areas, AC shall have a minimum slope gradient of one and one -half percent (1.5 %)
or as approved by the City Engineer, and concrete shall have a minimum slope gradient of
two- tenths percent. (.2 %).
8. 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.
9. 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.
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 and Playa Drive. 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
• Community Development Department • Planning Division •
322
Exhibit "A"
Design Review Committee No. 97 -33
Conditions of Approval
intersections to the satisfaction of the City Engineer.
Page 3
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. 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.
13. 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.
14. 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.
15. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Engineering Plan Check & Inspection Fee (Per Resolution 2964 & 4001).
Park and Recreation Fee (Per Ordinance 769).
Sanitary Sewer Connection Fee (Per Orange County Sanitation District, No. 3,
Resolution 308).
• Grading Plan Check and Permit (Per Resolution 2964, 3662, 4001 & 4220).
All applicable Building Department fees.
16. The development shall comply with the City -wide Tra
Resolution 4348), which requires payment of fees based
development. (SPIS MM #28)
ffic Improvement Fee (Per
on the size and use of the
17. The development shall comply with the Regional Tra
Resolution 4400), which requires payment of fees based
development. (SPIS MM #28)
ffic Improvement Fee (Per
on the size and use of the
PLANNING CONDITIONS
• Community Development Department • Planning Division •
Exhibit "A"
Design Review Committee No. 97 -33
Conditions of Approval
Page 4
323
18. Any expansion or modification of the approved use beyond what is approved as part of
Design Review Committee No. 97 -33 will require an amendment to the permit. Certain
uses may require a conditional use permit, as specified by area in the Amended
McDonnell Center Specific Plan.
19. 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.
20. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
21. 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.
22. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
*23. Adequate lighting shall be provided for all automobile parking areas, trucking and loading
areas, and all pedestrian and vehicle access points.
24. 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.
25. The transformer boxes and water valves shall be placed in locations acceptable to the
Community Development Department.
26. 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.
27. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only."
28. Parking for the handicapped shall be provided in accordance with State requirements.
29. Unless otherwise specified, all required trees shall be a minimum fifteen (15) gallon in
size and of a variety approved by the Community Development Department.
30. A comprehensive sign program for any building and /or 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
• Community Development Department • Planning Division •
324
Exhibit "A"
Design Review Committee No. 97 -33
Conditions of Approval
Page 5
which have not been approved in writing by the Community Development Department.
31. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
32. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
33. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
34. 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.
35. 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.
36. 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.
37. 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.
38. Prior to the 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 project 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 for projects within those affected portions of the study area.
The project 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 the application for building permits. (SPIS MM #24)
39. 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. (GPEIR Land Use
MM #8)
• Community Development Department • Planning Division •
Exhibit "A"
Design Review Committee No. 97 -33
Conditions of Approval
325
Page 6
40. Landscaping shall be provided throughout the proposed development to soften
visual impacts and enhance the aesthetic character of the project. Guidelines and
regulations for the planning of project landscaping and its maintenance are set
forth in the Specific Plan. Use of native plant species should be to the maximum
extent feasible. (SPIS MM #17)
41. Building materials and architectural designs should provide for internal as well as
external compatibility with respect to surrounding land uses. Project architectural
design themes are provided for in the Specific Plan, and shall be developed and
reviewed during subsequent more detailed site planning stages. (SPIS MM #23)
42. Architectural design, including materials and colors used in the project 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 Amended McDonnell Center
Specific Plan, and ensure compatibility with the surrounding area and the
community as a whole. (SPIS MM #23)
43. Roof design for the project shall require architectural review by the City prior to
issuance of building permits and shall include shielding of mechanical equipment
including air conditioners, fans and duct work, and use of roof materials and
assembly techniques which appear finished and attractive in accordance with the
Specific Plan and General Plan Guidelines. (Project Specific)
44. At least sixty (60) days prior to issuance of the Certificate of Occupancy, a detailed
landscaping plan (consistent with the provisions in the McDonnell Center Specific
Plan and Cypress Zoning Ordinance, Section 23 Landscaping) for all streetscapes
and perimeter areas and remaining landscaping areas on the site shall be submitted
by the applicant and approved by the City. In addition, a bond shall be posted
with the Public Works Department to guarantee against defects in plant materials
and workmanship for a period of one (1) year from planting. The landscape bond
shall be retained until such time that the landscape screening materials have
matured to a height and thickness which fully screens the loading area from view
from surrounding properties and streets. (Project Specific)
45. The project shall comply with all mitigation measures (incorporated herein as
conditions of approval) as referenced in the Mitigated Negative Declaration, prior to
issuance of Certificate of Occupancy.
BUILDING CONDITIONS
46. Applicant/developer shall comply with applicable provisions of the 1994 Uniform Building,
• Community Development Department • Planning Division •
326
Exhibit "A" Page 7
Design Review Committee No. 97 -33
Conditions of Approval
Plumbing and Mechanical Codes, 1993 National Electrical Code, California Code of
Regulations, Title 24, and the Code of the City of Cypress.
47. Type 5 cement shall be used for all foundations and slabs on grade.
48. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
49. Wheelchair and handicap access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Building Department Standards.
50. Prior to issuance of a grading permit, a geologic and soils report shall be prepared
by a registered geologist or soils engineer and submitted to the City Building
Department for approval. The report shall specify design parameters necessary to
remediate any soils and geologic hazards. (SPIS MM #2)
51. All earthwork shall be subject to the provisions of the Uniform Building Code. (SPIS
MM #2)
52. All structures shall be subject to the provisions of the seismic requirements of the
Uniform Building Code. (GPEIR Earth MM #1)
53. Precise grading plans shall include an Erosion, Siltation and Dust Control Plan for
the approval of the City Building Department. The Plan's provisions may include
sedimentation basins, sand bagging, soil compaction, revegetation, temporary
irrigation, scheduling and time limits on grading activities, construction equipment
restrictions on -site. This plan shall also demonstrate compliance with South Coast
Air Quality Management District Rule 403, which regulates fugitive dust control.
(Project Specific)
54. 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 (BMPs) that will be used on -site to control
predictable pollutant runoff. (SPIS MM #51)
55. 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 that this has been attained
shall be submitted to the City Building Department. (SPIS MM #51)
56. The project shall comply with SCAQMD Rule 403 (Fugitive Dust Emissions) to
reduce construction- generated dust particulates. (SPIS MM #6)
• Community Development Department • Planning Division •
Exhibit "A"
Design Review Committee No. 97 -33
Conditions of Approval
327
Page 8
57. Water the site twice daily during the grading and site preparation phase of the
project. (SPIS MM #6)
58. All businesses shall comply with the City's Hazardous Materials Disclosure
Ordinance, which requires that businesses must disclose to the City the use of
specified listed materials over certain quantities. (SPIS MM #26)
59. Construction activities shall be limited to the hours of between 7:00 a.m. and 7:00
p.m. Monday through Saturday. No construction activity shall be allowed on
Sunday. In addition, construction equipment should be equipped with effective
muffling devices. Compliance with this measure is subject to field verification by
City staff. (SPIS MM #18)
60. Construction equipment used onsite shall have noise - reducing devices. The applicant
or his designee shall monitor compliance. (SPIS MM #20)
61. The applicant may be required to prepare an acoustical study acceptable to the
Building Division which identifies sound attenuation measures necessary to achieve
acceptable interior noise levels onsite. (SPIS MM #19)
62. The project applicant 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. (SPIS MM #41)
63. Prior to the 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. (SPIS MM #50)
FIRE AUTHORITY CONDITIONS
64. Prior to the issuance of grading permits, water improvement plans shall be submitted to and
approved by the Fire Chief to ensure adequate fire protection and financial security is
posted for the installation. The water system design, location of valves, and the distribution
of fire hydrants will be evaluated and approved by the Chief.
65. Prior to the issuance of any building permits for combustible construction, a letter and plan
from the developer shall be submitted to and approved by the Fire Chief. This letter and
plan shall state that water for fire fighting purposes and an all weather fire access road shall
be in place before any combustible materials are placed on the site.
• Community Development Department • Planning Division •
328
Exhibit "A" Page 9
Design Review Committee No. 97 -33
Conditions of Approval
66. 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.
67. Prior to the issuance of any building permits, the applicant/developer shall submit to the
Fire Chief evidence of the onsite fire hydrant system indicating public or private. If the
system is private, provisions shall be placed in the CC &Rs for the repair and maintenance
of the system.
68. 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. On private property, these markers are to be
maintained in good condition by the property owner.
69. Prior to the issuance of any building permits, plans for the automatic fire sprinlder 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.
70. Prior to 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 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.
71. Prior to issuance of a certificate of occupancy, the approved fire lane marking plan shall be
installed. If applicable, 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.
72. Prior to the issuance of any building permits, construction details for any emergency access
gate shall be submitted to and approved by the Fire Chief. Contact the Orange County Fire
Authority at (714) 744 -0403 for a copy of the "Guidelines for Fire Department Emergency
Access."
73. Prior to issuance of any building permits, all fire protection access easements shall be
approved by the Fire Chief and dedicated to the appropriate county /city. The CC &Rs shall
contain provisions which prohibit obstructions within the fire protection access easement.
Fire Chief approval shall be required for any modifications such as speed bumps, control
gates or changes in parking plan within said easement.
74. 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
• Community Development Department • Planning Division •
329
Exhibit "A" Page 10
Design Review Committee No. 97 -33
Conditions of Approval
Business Information and Chemical Inventory Packet ". This shall be completed and
submitted to the Fire Chief before the issuance of any building permits.
75. Prior to issuance of a building permit, the applicant shall submit plans for review and
approval by the Fire Chief. The applicant shall include information on the plans required
by the Fire Chief. The applicant may 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.
76. Prior to issuance of a building permit, the applicant shall submit plans for any storage on
racks and shelves where the top of storage is more than 12 feet or pallet storage exceeding 6
feet.
77. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to a Certificate of Occupancy being issued.
POLICE CONDITIONS
*78. The landscaping and lighting plans shall be subject to review by the Cypress Police
Department. Lighting for commercial buildings shall be as follows:
a. The address number of every commercial building shall be illuminated during the
hours of darkness such that it shall be easily visible from the street.
b. All exterior commercial doors shall be illuminated with a minimum of one (1) foot -
candle of light, during the hours of darkness. All exterior bulbs shall be protected by
weather and vandalism resistant covers.
c. Open parking lots, and access thereto, providing parking spaces for use by the general
public, shall contain lighting with a minimum of one (1) foot -candle of light on the
parking surface from dusk until the termination of business every operating day.
Effective 12 -8 -97
• Community Development Department • Planning Division •