Resolution No. 4923RESOLUTION NO. 4923
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 98 -1 - 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 17.2 of the Zoning Ordinance of the City of Cypress to allow the
construction of a 90,350 square foot office /manufacturing /distribution building located at 11331
Valley View Street within the PC -4 Planned Community 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 March 9, 1998 and continued
until the March 23, 1998 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 of the PC -4 Zone in which the site is located,
which is:
(1) Implement the Cypress General Plan with respect to improving the
physical characteristics of the area.
(2) Allow for a well designed business park, which can respond to
changing future market conditions.
Provide for a physical mix of land uses within the project area
including business park commercial and office uses; with business
park uses to include light manufacturing, assembly plants and
facilities, research and development, and storage and warehousing
with wholesale distribution permitted subject to the approval of a
conditional use permit.
(4) Establish a development program through which a quality business
environment may be realized, to further provide a range of
employment opportunities, and to implement a variety of
commercial, office, and industrial land uses.
(3)
(5)
Realize land uses which are compatible with surrounding uses and
which take advantage of site characteristics.
b. The proposed location of the conditional use 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 office /manufacturing /distribution uses are compatible with the
surrounding business park uses and the project is conditioned so as
to not have impacts on neighboring residential areas.
(2) The proposed building is compatible with surrounding business
park development.
Sufficient access and parking for the building will be provided
onsite.
(3)
(4) The proposed building implements in part the previously approved
Warland /Cypress Business Center Specific Plan Project.
The Warland /Cypress Business Center Specific Plan sets forth
permissible land uses but does not mandate any particular mix of
uses. The Specific Plan was designed to provide for multiple uses,
and flexibility to address future market conditions. Statistics
regarding the buildout to date demonstrate that the Plan area has in
fact been dedicated to a wide variety of businesses.
(5)
441
442
c. The proposed building will comply with each of the applicable provisions
of the Zoning Ordinance except for approved variances or adjustments.
d. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance.
4. The proposed building will comply with each of the applicable provisions of the
Zoning Ordinance, specifically including the PC-4 Planned Community Business Park Zone.
5. On November 26, 1984, the City Council certified a Final Environmental Impact
Report ( "Specific Plan EIR ") in conjunction with the adoption of the Warland /Cypress Business
Center Specific Plan. The Specific Plan EIR analyzed all potential impacts of development of the
Warland /Cypress Business Center including cumulative impacts. The EIR recommended a
variety of mitigation measures which were adopted by the City Council in conjunction with its
adoption of the Specific Plan. This building is within the scope of the project analyzed in the
Specific Plan EIR.
6. 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 previously assumed in the Specific Plan EIR. 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.
7. 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. 98 -1. There
are no significant impacts upon the environment peculiar to the site which were not addressed as
significant impacts in the Specific Plan EIR or General Plan Update EIR, or which substantial
new information shows would be more significant than described in those previous EIR' s.
8. On September 12, 1994, the City Council approved Development Agreement No.
94 -2 vesting Warland Investments Company's right to develop the Warland /Cypress Business
Center Specific Plan. No challenge to the Development Agreement has been filed and the time
for any such challenge has now expired. In accordance with that Development Agreement, the
City has retained the right to process building permits and to undertake design review as specified
in the City's Code. This Conditional Use Permit approval has been processed and approved in
accordance with the Development Agreement.
9. Although the development has been considered using an individual initial
study /environmental checklist; nonetheless, cumulative impacts of this building together with the
impacts of development of other speculative buildings 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.
10. A subsequent environmental impact report is not required pursuant to Public
Resources Code § 21166 or State CEQA Guidelines 15162(a) in that:
(a) There are no substantial changes proposed for the site which will require
major revisions of the Specific Plan EIR and the General Plan Update EIR
as all environmental impacts pertaining to development of the site were
analyzed in those prior program EIRs and the building and use are within
the scope of the project analyzed in those program EIRs.
(b) Since the certification of the previous EIRs, no substantial changes in
circumstances in the Specific Plan area have occurred requiring major
revisions to the Specific Plan EIR and General Plan Update EIR; and there
are no new significant environmental effects involved with respect to the
building or use from that analyzed in those prior EIRs nor is there a
substantial increase in the severity of previous identified significant effects.
(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 as defined in the Specific Plan EIR.
11. In conjunction with the adoption of this resolution, the City Council is adopting
the policies and mitigation measures attached hereto as Exhibit "A ", as well as the attached
Mitigation Monitoring Program, which will avoid all potential significant impacts of the building
or mitigate them to levels anticipated in the previously certified EIR's. 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.
12. Prior to taking action on this resolution, the City Council reviewed and considered
the Specific Plan, the Specific Plan EIR, the General Plan Update, the General Plan Update EIR,
the Initial Study /Environmental Checklist, the traffic study included in the appendix of the Initial
Study, the mitigated negative declaration and mitigation monitoring program prepared for this
approval.
13. The mitigated negative declaration and mitigation monitoring program adopted
for this approval reflects the independent judgment of the City Council.
14. 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 or 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. 98 -1, 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 23rd day of March , 1998.
ATTEST:
CI CITY OF CYPRESS
LERK OF THE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
443
MAYOR THFITY OF CYPRESS
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 23rd day of March , 1998, 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
CIT CLERK OF THE CITY OF CYPRESS
444
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 98 -1
CONDITIONS OF APPROVAL
*DENOTES MITIGATION MEASURES
Bolded Conditions Represent Those Specific To This Project.
ENGINEERING CONDITIONS
1. The developer shall conform to all applicable provisions of the Code of the City of
Cypress.
2. 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. 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 %).
*3. Precise grading plans shall include an Erosion, Siltation and Dust Control Plan for the
approval of the City Building Division. The Plan shall include provisions for mitigation
measures such as temporary irrigation, the sedimentation basins, sand bagging, and a
compaction program. The plan shall ensure that discharge of surface runoff from the site
during construction activities shall not result in increased erosion or siltation discharge to
existing drainage facilities. (Mitigation Measure No. 4)
*4. The following erosion control measures shall be implemented in order to limit wind and
water erosion:
A. Minimizing the length of time that soils lie exposed.
B. Regular watering and clearing of grubbed areas, in compliance with City
requirements and South Coast Air Quality Management District Rule 403, as
revised.
C. Establishment of desirable vehicle speeds within construction areas.
D. Protection from wind and water erosion will be the responsibility of the project
applicant and contractor in accordance with the erosion control provisions in the
Construction Documents (subject to review and periodic site inspections by City
staff). (Mitigation Measure No. 5)
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Exhibit "A"
Conditional Use Permit No. 98 -1
Conditions of Approval
Page 2
5. Where an existing block wall is removed, the Developer shall provide suitable temporary
fencing for all adjacent properties during construction of the perimeter walls. A retaining
wall per City standards shall be constructed at the property line where the finish grade
difference is greater than twelve inches (12 "). A six -inch (6 ") concrete curb shall be
constructed per City standards to protect all block walls and structures exposed to
vehicular traffic. Grade separation shall not exceed two feet (2') between two adjacent
properties.
6. 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.
7 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 Warland 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 intersections to
the satisfaction of the City Engineer.
8. 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.
9. Street trees (15 gallon) fifty -two feet (52') on center shall be installed in back of public
sidewalk in conformance to the street tree policy of the Public Works Department and
shall be incorporated with the onsite landscape plan. The type of trees shall be as
required by the City's street tree ordinance. Landscaping in Public Right -of -Way shall be
maintained by the developer. For landscaping within the public right -of -way, a landscape
and irrigation plan shall be submitted for approval by the City and a bond posted by the
applicant to guarantee against any defects in plant materials and workmanship.
10. 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.
11. The developer shall comply with all applicable FAA requirements should any portion of
the development encroach within the 100 to 1 imaginary surface surrounding the Los
Alamitos Air Base. Encroachment within the 50 to 1 approach surface will require
approval by the FAA.
*12. The City of Cypress has developed a Citywide Fee to address specific traffic
improvement needs to the General Plan road system. These improvements address future
traffic conditions assuming build -out of the surrounding area. The Citywide Fee is
adopted through Resolution No. 4276 and Ordinance No. 911 and is applicable to this
proposed project. The fee would be applied in accordance with the adopted City
procedures. Through participation in the adopted fee program, the project would be
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Exhibit "A"
Conditional Use Permit No. 98 -1
Conditions of Approval
Page 3
providing a "fair share" contribution toward required traffic impacts. For this particular
project, the traffic impacts are anticipated to be less than previously analyzed; therefore,
no additional mitigation should be required for this project. It should be emphasized that
the basis of the Citywide Fee represents full evaluation of cumulative traffic impacts and
the mitigations related to these potential impacts. (Mitigation Measure No. 11)
*13. The City of Cypress has taken a proactive approach to potential regional impacts of new
development through the adoption of a regional traffic fee. This fee is in addition to the
Cypress Citywide Fee (which addresses local impacts) and would provide proportionate
share funding of impacts to the regional roadway system. The proposed development
would be subject to the regional fee, as well as the local Citywide Fee. Prior to the actual
adoption of the Regional Fee, some intersection counts outside the City limits were
conducted and the associated analyses completed. These analyses are no longer necessary
due to the adoption of the Regional Traffic Fee. (Mitigation Measure No. 12)
*14. 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 No. 6)
*15. Prior to issuance of building permits, the applicant shall obtain coverage under the
NPDES Statewide Industrial Stormwater Permit for General Construction Activities from
the State Water Resources Control Board. Evidence of this has been attained shall be
submitted to the City Building Division. (Mitigation Measure No. 7)
16. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Engineering Plan Check & Inspection Fee (Per Resolution 2964).
• City -wide Traffic Improvement Fee (Per Resolution 4348 and current fee
Resolution).
• Regional Traffic Improvement Fee (Per Resolution No. 4400)
• Sanitary Sewer Connection Fee (Per Orange County Sanitation District, No. 3,
Resolution 308).
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• School assessment fees (Mitigation Measure No. 24)
• Drainage Fee for Master Drainage Plan (Per Resolution 2287)
• All applicable Building Division fees.
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Exhibit "A"
Conditional Use Permit No. 98 -1
Conditions of Approval
Page 4
17. 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 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.
COMMUNITY DEVELOPMENT CONDITIONS
18. 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.
19. Utilities shall not be released and Certificate of Occupancy shall not be issued until all
conditions of approval of Conditional Use Permit No. 98 -1 have been met to the
satisfaction of the Community Development Department.
20. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
21. All requirements of the Orange County Fire Marshal's Office, shall be complied with
prior to a Certificate of Occupancy being issued.
22. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department to insure consistency with Conditional Use Permit No. 98 -1
prior to the issuance of building permits. The final exterior color scheme shall be
submitted to City staff for review and approval prior to actually painting the structure.
*23. Building materials and architectural designs should provide for internal as well as external
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Exhibit "A"
Conditional Use Permit No. 98 -1
Conditions of Approval
Page 5
compatibility with respect to surrounding land uses. Architectural design themes are
provided for in the Specific Plan, and shall be developed and reviewed during subsequent
more detailed site planning stages. (Mitigation Measure No. 30)
*24. Architectural design, including materials and colors used in the design, shall be subject to
review and approval by the City prior to issuance of building permits. This review shall
ensure compliance with existing City policies and additional aesthetic guidelines as
required by the Warland /Cypress Business Center Specific Plan, and ensure compatibility
with the surrounding area and the community as a whole. (Mitigation Measure No. 27)
25. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
*26. Roof design shall require architectural review by the City prior to issuance of building
permits and shall include shielding of mechanical equipment including air conditioner,
fans and duct work, and use of roof materials and assembly techniques which appear
finished and attractive in accordance with Specific Plan and General Plan guidelines.
(Mitigation Measure No. 28)
27. The transformer boxes and water valves shall be placed in locations acceptable to the
Community Development Director.
28. 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.
29. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only."
*30. Landscaping shall be provided throughout the proposed development to soften the visual
impacts and enhance the aesthetic character. Guidelines and regulations for the planning
of landscaping and its maintenance are set forth in the Specific Plan. Use of native plant
species should be to the maximum extent feasible. (Mitigation Measure No. 29)
*31 At least sixty (60) days prior to Certificate of Occupancy, a detailed landscaping plan for
all streetscapes and perimeter areas and remaining landscaping areas on the site shall be
submitted by the applicant and approved by the City. (Mitigation Measure No. 31)
32. A landscape screen shall be required along the north property line to sufficiently
screen the loading areas from the adjacent streets in accordance with the
requirements of the Warland /Cypress Business Center Specific Plan, to the
satisfaction of the Community Development Department.
33. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of
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Exhibit "A"
Conditional Use Permit No. 98 -1
Conditions of Approval
Page 6
a variety approved by the Community Development Director.
34. 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.
35. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
36. A comprehensive sign program for both building and freestanding monument signs shall
be submitted for Community Development Department approval prior to any signing
installation. The developer shall not erect or display on the subject property any signs
which have not been approved in writing by the Community Development Department.
37. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
*38. Prior to the issuance of building permits (at least thirty (30) days prior) for development
proposed within the study area which would penetrate the 100:1 imaginary surface, the
development proponent shall submit FAA Form 7460 -1, "Notice of Proposed
Construction or Alteration" to the Chief, Air Traffic Division of the appropriate FAA
regional office for developments within those affected portions of the study area. The
applicant will comply with all appropriate FAA standards and requirements. The findings
of the FAA will be transmitted to the City of Cypress prior to the application for building
permits. (Mitigation Measure No. 1)
*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. (Mitigation Measure No. 2)
40. 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.
41. 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.
42. 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.
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Exhibit "A"
Conditional Use Permit No. 98 -1
Conditions of Approval
Page 7
43. 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.
44. No repair of trucks or equipment, other than minor incidental maintenance, shall occur on
the site. No fuel facilities shall be permitted onsite.
45. No truck shall be permitted to remain idling in the loading dock area during
loading /unloading of the truck.
46. 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. No loading or unloading of trucks shall be conducted on
Sundays.
47. The City Council shall maintain the right to review the business hours of operation and
may, subject to a public hearing, limit the business hours should substantiated complaints
be received that the business hours are creating an adverse impact upon neighboring
properties. The business hours of operation in relation to truck dock activity shall be
limited from 7 a.m. to 7 p.m. and shall be limited to Monday through Saturday; no
Sunday trucking activities shall be permitted. Late night or early morning deliveries shall
be specifically prohibited. All loading /unloading shall be performed in the loading area
of the site only.
48. Trucks shall be steered away from residential areas, specifically avoiding Orangewood
Avenue and Valley View Street south of Warland Drive which have residences
immediately facing the roadway. A more suitable truck route shall be by way of Katella
Avenue and Valley View Street north of Katella Avenue.
49. High performance reflective glass shall be used on the second floor of the building and
shall match in color and appearance the remaining reflective glass panels on the building.
50. Within forty-eight (48) hours of the approval of the project, the applicant /developer shall
deliver to the Community Development Department a check payable to the County Clerk
Recorder in the amount of Thirty-eight Dollars ($38.00) County administrative fee, to
enable the City to file the Notice of Determination required under Public Resources Code
Section 21152. If within such forty -eight (48) hour period the applicant /developer has not
delivered to the Community Development Department the check required above, the
approval for the project granted herein shall be void.
51. The project shall comply with all applicable mitigation measures as referenced in the
Negative Declaration prior to issuance of Certificate of Occupancy.
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Exhibit "A"
Conditional Use Permit No. 98 -1
Conditions of Approval
BUILDING CONDITIONS
Page 8
52. Applicant /developer shall comply with applicable provisions of the 1994 Uniform
Building, Plumbing and Mechanical Codes, 1993 National Electrical Code, California
Code of Regulations, Title 24, and the Code of the City of Cypress.
53. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed.
54. Applicant /developer shall comply with all disclosure requirements of the Orange County
Fire Authority for hazardous materials use and /or storage and the South Coast Air Quality
Management District for exhaustion of air contaminants.
55. Type 5 cement shall be used for all foundations and slabs on grade, unless otherwise
indicated by the soils engineer.
56. Wheelchair and handicap access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Building Division standards.
57. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier, unless otherwise indicated by the soils engineer.
58. 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.
*59. Prior to construction, soils shall be reviewed for agricultural pesticide levels to assure that
the site does not contain significant levels of such substances. The applicant shall consult
with the Department of Pesticide Regulation to determine the significance of any
pesticides found on -site and required remediation. (Mitigation Measure No. 15)
*60. The 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. (Mitigation Measure No. 24)
*61. 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 appiicable
exterior and interior noise standards, including the City's Comprehensive Noise
Ordinance. (Mitigation Measure No. 16)
*62. Construction activities shall be limited to the hours of between 7 a.m. and 8 p.m.,
Monday through Saturday. No construction activity shall be allowed on Sundays or
federal holidays. In addition, construction equipment should be equipped with effective
muffling devices. Compliance with this measure is subject to field inspections by City
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Exhibit "A"
Conditional Use Permit No. 98 -1
Conditions of Approval
staff. (Mitigation Measure No. 17)
Page 9
*63. 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. (Mitigation Measure No. 3)
*64. 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. (Mitigation Measure No. 26)
*65. 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 - Reduction measures shall include regular watering of
graded surfaces, restriction of all construction vehicles and equipment to travel along
established and regularly watered roadways, and suspending operations that create dust
during windy conditions (winds greater than 25 mph). (Mitigation Measure No. 8)
*66. The applicant shall comply with the Subdivision Map Act, Building Energy Efficient
Standards and State and local laws for energy conservation. Compliance shall be
determined by the Building Division during building plan review. (Mitigation Measure
No. 9)
*67. The development shall comply with thermal regulations for the commercial and industrial
sector, as specified in CM #90 E- C -1A,2B and CM #90 E -C -2, as described in the General
Plan. The Engineering Division shall enforce compliance during the development plan
review process. (Mitigation Measure No. 10)
*68. Any hazardous waste, including paint, oil, gasoline and similar products that is generated
on -site shall be transported to an appropriate disposal facility by a licensed hauler in
accordance with the appropriate state and federal laws. The Building Division shall
monitor compliance. (Mitigation Measure No. 13)
*69. Any business which uses, handles, stores or disposes of hazardous materials, including oil
and gasoline, shall obtain all appropriate permits and comply with all regulations
administered by the California Department of Health Services. Storage of such materials
shall be conducted in accordance with the City of Cypress' Hazardous Materials
Disclosure Ordinance. Compliance shall be determined by the City when a City business
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Exhibit "A"
Conditional Use Permit No. 98 -1
Conditions of Approval
tax license, if required, or a Certificate of Occupancy is obtained. (Mitigation Measure
No. 14)
Page 10
*70. The developer shall work in conjunction with affected utility agency (GTE) to assure that
adequate services and facilities are provided. (Mitigation Measure No. 25)
71. Construction bins for non - recyclable and recyclable materials generated from any
construction site must be placed "onsite" out of the public right -of -way. (Example:
Street side of curb is public right -of -way and therefore not allowed.)
FIRE AUTHORITY CONDITIONS
72. Prior to the issuance of any building permits, the applicant shall submit water
improvement plans to the Fire Chief for review and approval 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 Fire Chief.
73. Prior to the issuance of any building permits for combustible construction, the developer
shall submit and obtain the Fire Chief's approval of a letter and plan stating that water for
fire fighting purposes and an all weather fire access road shall be in place and operational
as required by the Uniform Fire Code before any combustible materials are placed on the
site.
74. Prior to the issuance of any building permits, an Orange County Fire Authority Water
Availability Form shall be submitted to and approved by the Plan Review Section of the
Orange County Fire Authority. If sufficient water to meet fire flow requirements is not
available, an automatic fire extinguishing system shall be installed in each structure, in a
manner meeting the approval of the Fire Chief.
75. Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall have
a "Blue Reflective Pavement Marker" indicating its location on the street or drive per the
Orange County Fire Authority Standard and approved by the Fire Chief. On private
property, these markers are to be maintained in good condition by the property owner.
76. Prior to the issuance of any building permits, plans for the automatic fire sprinkler system
shall be submitted to and approved by the Fire Chief prior to installation. This system
shall be operational prior to the issuance of a Certificate of Use and Occupancy.
77. Prior to the issuance of any building 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. Prior to the issuance of the
• Community Development Department • Planning Division •
454
Exhibit "A"
Conditional Use Permit No. 98 -1
Conditions of Approval
Page 11
certificate of use and occupancy the approved fire lane marking plan shall be installed. A
method of enforcement shall be included.
78. Prior to the issuance of any building permits, the applicant shall submit to the Fire Chief
evidence of the on -site fire hydrant system and indicate whether it is public or private. If
the system is private, the system shall be reviewed and approved by the Fire Chief prior
to issuance of building permits. Provisions shall be made by the applicant for the repair
and maintenance of the system, in a manner meeting the approval of the Fire Chief.
79. Prior to the issuance of any building permits, a note shall be placed on the plans stating
that the structure to be built shall be protected by an automatic fire sprinkler system, in a
manner meeting the approval of the Fire Chief.
80. Prior to the issuance of building permits, the applicant shall obtain approval of the Fire
Chief of all fire protection access. The approval of the Fire Chief is required for any
modifications such as speed bumps, control gates or other changes in within said
easement.
81. Prior to the occupancy of the building, the applicant shall submit to the Fire Chief a list of
the quantities of all hazardous, flammable and combustible materials, liquids or gases.
These liquid and materials are to be classified according the "Orange County Fire
Department Chemical Classification Handout." The applicant 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. Compressed gases and compressed liquefied
gases are to be converted to cubic feet.
82. Prior to the issuance of a Certificate of Occupancy, 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 ".
83. Prior to the approval of a site development /use permit, or the issuance of a building
permit, the applicant shall submit plans for the review and approval of the Fire Chief.
The applicant shall include information on the plans required by the Fire Chief. Contact
the Orange County Fire Authority Plans Review Section at (714) 744 -0403 for the Fire
Safety Site /Architectural Notes to be placed on the plans.
84. Prior to installation, plans for the fire alarm system shall be submitted to and approved by
the Fire Chief. This system shall be operational prior to the issuance of a Certificate of
Use and Occupancy.
*85. The proposed use shall include a water system of sufficient capacity and pressure for the
proposed land uses and fire protection. (Mitigation Measure No. 18)
• Community Development Department • Planning Division •
455
Exhibit "A"
Conditional Use Permit No. 98 -1
Conditions of Approval
Page 12
*86. Sufficient accessibility for fire - fighting equipment shall be provided. The Orange County
Fire Authority shall review precise development proposals to ensure adequate access and
fire protection facilities. (Mitigation Measure No. 19)
*87. Installation of smoke detection devices, use of fire- retardant building materials and
shrubbery, prominent placement of rescue service telephone numbers and appropriate
siting of other fire- fighting appurtenances shall improve internal building safety.
(Mitigation Measure No. 20)
*88. All buildings shall be constructed to conform with applicable state and City building
codes. (Mitigation Measure No. 21)
*89. The proposed use shall include a water system of sufficient capacity and pressure for the
proposed land uses and fire protection. Sufficient acceptability for fire - fighting
equipment shall be provided. The Orange County Fire Authority shall review precise
development proposals to ensure adequate fire protection facilities. (Mitigation Measure
No. 22)
POLICE CONDITIONS
90. A lighting plan for the exterior of the building and for all parking lots shall be submitted
to the Cypress Police Department for approval prior to the issuance of building permits.
91. All exterior emergency exits shall have locking hardware designed to be locked from the
exterior and unlocked from the interior.
*92. Police services to the development shall be enhanced through the provision of adequate
street lighting, clearly marked street names and building numbers, and security hardware.
Other measures to facilitate service to the development and minimize potential crime
problems shall be based on consultation with the Police Department during subsequent
design and implementation stages. (Mitigation Measure No. 23)
Effective 3/23/98
• Community Development Department • Planning Division •