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Resolution No. 46828 RESOLUTION NO. 4682 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE NO. 96 -18 - 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 108,000 square -foot office building located at 10801 Walker Street, within the PBP Planned Business Park and the PS Public and Semi - public Zones. 2. That in accordance with Section 18.3 of the Cypress Zoning Ordinance, the Design Review Committee reviewed and approved this project on July 25, 1996, at which time it approved the construction of the proposed 108,000 square -foot speculative office 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. 96 -18 was reported to the City Council at the next 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 accord with the objectives of the Zoning Ordinance and the purpose and intent of the zones in which the site is located, which are: (1) PBP Planned Business Park Zone: 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 (2) PS Public and Semi- public Zone: Intended to permit adequate identification of areas reserved and developed for public uses other than street rights -of -way, to provide for expansion of their operations or change in use, and to identify and preserve areas of historic and community significance for the enjoyment of future generations. 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: 89 (1) The proposed speculative office 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 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 building implements in -part the previously approved Cypress Business and Professional Center Specific Plan project. e. The proposed office building, as conditioned, will comply with each of the applicable provisions of the Cypress Zoning Ordinance, specifically including the PBP Planned Business Park and the PS Public and Semi - public Zones. 6. 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 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. 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 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. These buildings are 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 Buzz Oates Enterprises II for approval of Design Review Committee No. 96 -18, entitled the "Initial Study /Environmental Checklist Design Review Committee No. 96 -18 (the "Environmental Checklist "). The Environmental Checklist concluded that with incorporation of the mitigation measures from the Specific Plan EIR, the building would not have significant impacts on the environment which were not previously analyzed and disclosed in the Specific Plan EIR or the General Plan Update EIR. 9. Based on the analysis of the Environmental Checklist, the City Council finds that: (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 2 90 adopted in conjunction with the approval of the Specific Plan and the 1993 General Plan Update, the proposed building will not have any significant unmitigatable impacts on the environment, which were not previously analyzed in the Specific Plan EIR and /or the General Plan Update EIR. 10. The zoning designation for the site and the Specific Plan permits the density of development on the site which would be permitted by Design Review Committee No. 96 -18. There are no significant impacts upon the environment peculiar to the site which were not addressed as significant impacts in the Specific Plan EIR or General Plan Update EIR, or which substantial new information shows would be more significant than described in those previous EIR's. 11. On 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 Design Review Committee approval has been processed and approved in accordance with the Development Agreement. 12. Although this building has been considered using an individual initial study /environmental checklist, nonetheless cumulative impacts of this building together with the impacts of development of other speculative buildings, the buildout of the entire 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. 13. A subsequent environmental impact report is not required pursuant to Public Resources Code § 21166 in that: (a) There are no substantial changes proposed for the building which will require major revisions of the Specific Plan EIR and the General Plan Update EIR; (b) Since the certification of the previous EIRs, no substantial changes in circumstances in the project area or in the Specific Plan have occurred requiring major revisions to the Specific Plan EIR and General Plan Update EIR; and (c) No new information of substantial importance has become available since the certification of the Specific Plan EIR or the General Plan Update EIR which would require any important change in the analysis in those EIRs or which shows that the building will have any significant effects not discussed in those EIRs, that the effects analyzed will be significantly more severe than those shown in those EIRs or mitigation measures or alterations previously found not to be feasible and would substantially reduce significant effects of the project (the Specific Plan). 14. In conjunction with the adoption of this resolution, the City Council is adopting the policies and mitigation measures attached hereto as Exhibit "A ", which will avoid all 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. 15. Prior to taking action on this resolution, the City Council reviewed and considered the Specific Plan, the Specific Plan EIR, the General Plan Update, the General Plan Update EIR, -3 -r4 .12r1 ar •vr ra the Initial Study /Environmental Checklist and the mitigated negative declaration prepared for this approval. 16. The mitigated negative declaration adopted for this approval reflects the independent judgment of the City Council. 17. Considering the record as a whole, there is no evidence that the proposed 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. 96 -18, 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 12th day of August , 1996. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS 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 12th day of August , 1996, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE CITY OF CYPRESS 91 92 EXHIBIT "A" Design Review Committee No. 96 -18 10801 Walker Street CONDITIONS OF APPROVAL NOTE: * Denotes Mitigation Measure; and Bolded conditions represent those which are 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 (§ 2100 et seg. - including but not by way of limitation § 21152 and 21167). City shall promptly notify the developer of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action and should the City fail to either promptly notify or cooperate fully, developer shall not thereafter be responsible to defend, indemnify, or hold harmless the City. 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 shall obtain a Cypress business license prior to commencement of the business operation. 5. All applicable conditions of Design Review Committee No. 96 -18 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 • Community Development Department • Planning Division • 93 Exhibit "A" Design Review Committee No. 96 -18 Conditions of Approval Page 2 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. The developer shall conform to all applicable provisions of the Code of the City of Cypress. All requirements of the State Subdivision Map Act, and the City's Subdivision Ordinance and Zoning Ordinance shall be satisfied. Parcel Map No. 96 -121 shall be recorded prior to issuance of Building Department Permits. 8. Upon separate ownership of parcels, reciprocal easements shall be recorded and agreements filed with the City governing joint use and maintenance of drive approaches, drainage, onsite parking, irrigation system, etc. 9. 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 %). *10. As identified by the County of Orange and the Soil Conservation Service, there may be several soil - related hazards, such as high groundwater and liquefaction, 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. (MM #2) *11. Whenever feasible, grading shall be conducted during the dry season to reduce onsite soil erosion. (MM #3) • Community Development Department • Planning Division • 94 Exhibit "A" Design Review Committee No. 96 -18 Conditions of Approval Page 3 *12. Exposed soil areas shall be planted where appropriate to control downstream sedimentation. Planting plans prepared for each site development shall reflect this requirement. (MM #5) *13. Development within 100 -year flood zone areas shall be subject to all applicable construction and floodproofing requirements (i.e., height of lowest floor must be at least one (1) foot above the design flood level or be protected by floodproofing). Review for compliance in this regard will occur during each site grading plan submittal. (MM #6) * 14. 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. (MM #7) 15. 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 (2) adjacent properties. 16. 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. 17. 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. 18. 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 Walker Street. 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. 19. 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 • Community Development Department • Planning Division • 95 Exhibit "A" Design Review Committee No. 96 -18 Conditions of Approval Page 4 streets lateral open cuts spaced within twenty feet (20') of each other shall be covered with a one inch (1 ") continuous A.C. cap. *20. Cypress Business and Professional Center shall be required to participate in the TSM Plan adopted for the Cypress Business Park and to participate in the Transportation Management Association (TMA) that has been formed by various entities in the Business Park with the assistance of the City and its consultants. Specific TSM actions by Cypress Business and Professional Center might include: • Establish a Transportation Coordinator position to act as a liaison with the Cypress Business Park TMA. • Encourage alternative commute modes such as carpooling, vanpooling, transit use, cycle - commuting and others. • Provide on -site amenities to facilitate these alternative commute modes, such as preferential parking for carpools and /or vanpools; bicycle storage facilities, internal bikeways, and shower /locker facilities for bicyclists; pedestrian facilities, including convenient pathways from bus stops, and continuous walkways between development area; convenient and comfortable bus shelters at existing bus stop locations, and on -site access to bus schedules and bus tokens and passes. • Encourage peak hour trip reduction techniques, such as alternative work hours, flextime, staggered work shifts, telecommuting and 4 -day workweeks. • The developer shall implement, or cause to be implemented by his tenants or successors in interest as a condition of development, trip reduction programs consistent with the City Ordinance No. 818. This includes payment of assessments in support of the Cypress Business Park Transportation Management Association. Participation in the TSM plan and payment of assessment shall be performed simultaneously 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. (MM #38) *21. To mitigate local drainage problems, storm drains shall be installed into the study area as well as streets capable of carrying run -off. These systems shall be planned in accordance with City master plans and designed and constructed as necessary during the various phases of development. (MM #4) • Community Development Department • Planning Division • 96 Exhibit "A" Design Review Committee No. 96 -18 Conditions of Approval Page 5 22. A sewer plan shall be submitted for approval by the City Engineer. The developer shall complete an Orange County Sanitation District master plan analysis to confirm the capacity of the existing sewer system, and to determine any necessary improvements prior to development. Based on the result of said analysis, the City, the developer, and the Sanitation District shall enter into an agreement to design and construct any sanitary sewer improvements. The analysis, design, and construction shall be performed at the developer's sole expense. *23. 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. (MM #16a) *24. In accordance with Resolution No. 3282, the developer shall participate in the City's Traffic Impact Mitigation Fee assessment, as required by Ordinance No. 778. (MM #18) *25. 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 Section 25 -69 of Ordinance No. 778), and the amount shall be per Resolution No. 3283 (adjusted for inflation) or such other amount as may be in effect at the time of issuance of the building permit. (MM #19) 26. Pursuant to Section C.7.b of the Cypress Business and Professional Center Traffic Mitigation Agreement (executed 8- 20 -90), the Developer or its successor(s) in interest to the property shall pay to the City of Los Alamitos the sum of one dollar ($1.00) for each square foot of new construction on the subject property prior to issuance of building permits. This "Additional Amount ", as referred to in the Agreement, serves as compliance with the following mitigation measures related to traffic impacts in Los Alamitos: *a. A second northbound left -turn lane and a southbound through lane on Los Alamitos Boulevard shall be provided to reduce the afternoon peak hourly ICU value to 0.89 (LOS "D "). (MM #23) • Community Development Department • Planning Division • 97 Exhibit "A" Design Review Committee No. 96 -18 Conditions of Approval Page 6 *b. North and southbound left -turn lanes on Bloomfield Street shall be added to improve the morning and afternoon peak hourly ICU values to 1.10 and 1.23 respectively (LOS "F" in both cases). (MM #24) *c. A northbound through lane and southbound left -turn lane shall be provided to reduce the ICU value in the morning peak hour to 0.97 (LOS "E ") and the afternoon peak hourly ICU to 1.35 (LOS "F "). Further improvements to these ICUs would require additional through lanes on Katella Avenue to accommodate the large peak hour volumes. (MM #25) *27. Traffic signals shall be installed at the intersection of Walker Street and the major access point south of the Southern Pacific Railroad tracks (This street provides joint access to Development Areas 4 and 5). Construction shall be performed coincident with development of Development Area 4 or 5, whichever commences first. (MM #30) *28. Traffic signals shall be modified as necessary at the following intersections. These modifications shall commence with the development of Development Areas noted: • Katella Avenue at Winners Circle (Development Area 5) • Katella Avenue at Siboney (Development Area 5 or 6, whichever occurs first) • Katella at Walker (Development Area 5) (MM #31) *29. 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 review. (MM #32) *30. 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 Engineer's approval at the time of site development plan review for each development area. (MM #33) *31. Acceleration/deceleration lanes, to facilitate traffic movements at unsignalized project driveways, shall be provided as determined necessary by the City Engineer. Conceptual design shall be submitted for City Engineer's approval at the time of site development plan review for each development area. (MM #36) *32. A traffic signal shall be installed at the intersection of Walker Street and the Race Track entrance. This signal shall operate in a flashing mode except during race track events, • Community Development Department • Planning Division • 98 Exhibit "A" Design Review Committee No. 96 -18 Conditions of Approval Page 7 at which time it will be controlled manually by the Police Department. Construction shall be performed when determined necessary by the City Engineer who will have the authority to determine if this signal or the one on Walker Street at the junction of Planning Areas 4 and 5 is necessary. (MM #37) *33. The parkway, including sidewalk along west side of Walker Street, shall be twenty (20) feet and if additional right -of -way is required it shall be dedicated to City and reduction in the required setback will be made corresponding to the additional area dedicated. (MM #37a) *34. Should new bus service be provided along Cerritos Avenue or Walker Street in the future, prior to project build -out, transit amenities including, but not limited to, passenger waiting areas, bus stop access ways, bus benches and concrete bus pads, shall be provided, as requested by OCTD and deemed appropriate by the City Engineer. (MM #43) *35. Construction of the proposed project shall require compliance with SCAQMD Rule 403 which would reduce fugitive dust amounts by up to fifty (50) percent. 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. Compliance shall be a condition of each grading permit issued for the site. (MM #54) *36. The project shall comply with SCAQMD's Regulation XV, which requires employers of more than 100 persons to devise ridesharing plans to reduce vehicle miles travelled. This may apply to employers within the office buildings or commercial areas. It is the responsibility of the individual employers to develop specific programs, as well as comply with City Ordinance No. 818. Compliance shall be per Mitigation Measure No. 38. (MM #55) *37. a. All required sewer improvements will be designed and constructed to City and CSDOC standards and will be approved by the City Engineer prior to development. These improvements may be constructed in a phased sequence depending upon the development process. b. Facilities shall be dedicated to the City and /or CSDOC at the completion of construction. (MM #59) *38. The applicant shall pay sewer connection fees to both the City and 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. (MM #60) • Community Development Department • Planning Division • 99 Exhibit "A" Design Review Committee No. 96 -18 Conditions of Approval Page 8 *39. Drainage system design and connection to County flood control channels shall he subject to approval of the County of Orange if and when the system ever connects directly into the County flood control channels. (MM #61) *40. Any offsite drainage improvements shall he 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. (MM #62) *41. 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 five (5) acres of the golf course. Fees for the rest of the Rolf course area and the race track will be collected whenever they are redeveloped to different uses. (MM #63) *42. a. Drainage system improvements shall be designed and constructed to City and 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. b. Facilities shall be dedicated to the City at the completion of construction to extent required by the City. (MM #64) *43. 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. (MM #66) *44. 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. (MM #67) *45. Any hazardous waste that is generated onsite shall be transported to an appropriate disposal facility by a licensed hauler in accordance with the appropriate State and Federal Laws. Review of Hazardous Waste Disposal Plan Ongoing Director of Public Health and Safety and City Engineer. (MM #68) *46. Easements shall be provided onsite for all mains not installed in a public right -of -way. (MM #69) • Community Development Department • Planning Division • 100 Exhibit "A" Design Review Committee No. 96 -18 Conditions of Approval Page 9 *47. All services and facilities built will be in accordance with policies and extension rules of the California Public Utilities Commission and federal regulatory agencies. (MM #70) *48. 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 of SCWC. (MM #72) *49. 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. (MM #73) *50. Water mains shall be dedicated to the water company after construction and acceptance. (MM #74) *51. 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 The following water conservation measures suggested by the Department of Water Resources shall be implemented where applicable and feasible: Interior Supply Line Pressure: Recommend water pressure greater than fifty (50) pounds per square inch (psi) be reduced to fifty (50) psi or less by means of a pressure reducing valve. Flush Valve Operated Water Closets: Recommend three (3) gallons per flush. Drinking Fountains: Recommend equipped with self - closing valves. - Pipe Insulation: Recommend all hot water lines be insulated to provide hot water faster with less water waste, and to keep hot pipes from heating cold water pipe. Exterior - Consider landscaping with low water - consuming plants wherever feasible. • Community Development Department • Planning Division • Exhibit "A" Design Review Committee No. 96 -18 Conditions of Approval 101 Page 10 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 efficiency and may be feasible for the project. Use previous paving material whenever feasible to reduce surface water runoff and aid in ground water recharge. Investigate the feasibility of utilizing reclaimed waste water, stored rain water or "gray" water for irrigation. (MM #75) *52. All telephone service will be in accordance with the tariffs and regulations on file with the California Public Utilities Commission. (MM #76) *53. 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. (MM #77) *54. The developer shall be responsible for installing underground all proposed electric lines within the development. (MM #78) *55. 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 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. (MM #79) 56. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: • Engineering Plan Check & Inspection Fee (Per Resolution 2964 & 4001). • Community Development Department • Planning Division • 102 Exhibit "A" Design Review Committee No. 96 -18 Conditions of Approval !/ Page 11 • Drainage Fee for Master Drainage Plan (Per Resolution 2287). • City -wide Traffic Improvement Fee (Per Res. 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, 4001 & 4220). • All applicable Building Department fees. PLANNING CONDITIONS 57. Any expansion or modification of the approved use beyond what is approved as part of Design Review Committee No. 96 -18 will require an amendment to the permit. Certain uses may require a conditional use permit, as specified by area in the Cypress Business and Professional Center Specific Plan. 58. 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. 59. Architectural elevations and site plans shall be reviewed and approved by the Community Development Department prior to the issuance of building permits. 60. 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. 61. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. *62. Each site development plan shall comply with Guidelines contained in the Specific Plan for architectural design, signage and landscape /streetscape design. (MM #47) *63. 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. (MM #48) • Community Development Department • Planning Division • Exhibit "A" Design Review Committee No. 96 -18 Conditions of Approval 103 Page 12 *64. 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. (MM #50) *65. 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. (MM# 51) *66. View corridors along adjacent roadways shall be preserved by conformance with the design standards (building setbacks, height limitations, etc.) and landscaping criteria as set forth in the Specific Plan. Conformance shall be determined during each site plan submittal review. (MM #52) *67. Visual access to the racetrack shall be preserved by establishing view corridors along track entrances and proper signage to the satisfaction of the Community Development Director. Conformance shall be determined during each site plan submittal review. (MM #53) 68. 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. 69. The transformer boxes and water valves shall be placed in locations acceptable to the Community Development Director and shall be adequately screened from view with plant materials. 70. 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. 71. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only." 72. Parking for the handicapped shall be provided in accordance with State requirements. 73. 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. In addition, a bond shall be posted with the Public Works Department to guarantee against defects in plant materials and workmanship. • Community Development Department • Planning Division • 104 Exhibit "A" Design Review Committee No. 96 -18 Conditions of Approval Page 13 74. Unless otherwise specified, all required trees shall be a minimum fifteen (15) gallon in size and of a variety approved by the Community Development Director. 75. 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. 76. 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. 77. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. 78. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 79. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. *80. At least thirty (30) days prior to the issuance of building permits for any structure penetrating the 100:1 imaginary surface, the project 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. The project applicant will comply with all appropriate FAA standards and requirements. The finding of the FAA will be transmitted to the City of Cypress prior to the application for building permits. (MM #17) *81. Prior to each building permit issuance, the applicant shall submit a landscaping plan, consistent with the approved Specific Plan, 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 determined necessary. (MM #44) *82. 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. (MM #45) *83. All state and local standards for exterior and interior noise exposure shall be met. Prior to issuing each building permit onsite, the applicant shall submit evidence, to the satisfaction of the City, that all project land uses will meet applicable exterior and • Community Development Department • Planning Division • Exhibit "A" Design Review Committee No. 96 -18 Conditions of Approval 105 Page 14 interior noise standards. The applicant may be required to prepare a detailed acoustical assessment indicating mitigation measures necessary to achieve acceptable exterior and interior noise levels on -site, to the satisfaction of the City. (MM #58) 84. 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. 85. 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. 86. 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. 87. 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. 88. Prior to the issuance of building permits for any habitable building proposed for construction within the sixty (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. 89. The proposed buildings shall be constructed with the appropriate "sound insulation" material as required by the California Noise Insulation standards to mitigate the noise impact from the Los Alamitos Army Airfield. 90. The project shall comply with all mitigation measures (incorporated herein as conditions of approval) as referenced in the Mitigated Negative Declaration and set forth in the Mitigation Monitoring Program for the Cypress Business and Professional Center, prior to issuance of Certificate of Occupancy. BUILDING CONDITIONS 91. 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. • Community Development Department • Planning Division • 106 Exhibit "A" Design Review Committee No. 96 -18 Conditions of Approval / Page 15 92. Wheelchair and handicap access facilities shall be installed onsite and offsite in accordance with State of California and City of Cypress Building Department Standards. 93. Type five (5) cement shall be used for all foundations and slabs on grade. 94. All slabs on grade (including M -1 occupancies) shall receive a minimum of a ten (10) mil. moisture barrier. 95. Applicant /developer shall use fire retardant wood shingles for the roof, if applicable. 96. 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. 97. An acoustical report shall be submitted with the plans for plan check. Report shall meet all the requirements of the Uniform Building Code and Title 24 of the California Code of Regulations. 98. The Developer shall pay to the City of Los Alamitos, a traffic Mitigation Contribution fee of one (1) dollar for each square foot of new building construction in accordance with Paragraph 7.b, of the Cypress Business and Professional Center Traffic Mitigation Agreement. 99. The landscaping and irrigation plans must be included in original plan check submittal. 100. Construction bins for non - recyclable and recyclable materials generated from any construction site (residential) must be placed " onsite" out of the public right -of -way. (Example: Street side of curb is public right -of -way. Not allowed.) *101. 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. (MM #1) *102. Construction activities will take place only on weekdays and Saturdays between 7:00 a.m. and 8:00 p.m. (and excluding holidays) to reduce noise impacts during more sensitive time periods. (MM #8 and 57) *103. The use and proper maintenance of noise reducing devises on construction equipment will minimize construction- related noise and shall be required. (MM #9) • Community Development Department • Planning Division • Exhibit "A" Design Review Committee No. 96 -18 Conditions of Approval 107 Page 16 *104. Specific acoustic analyses, performed at the precise plan approval stage, will be required and will ensure that building location, truck access, parking area design and air conditioning /refrigeration units are carefully designed and evaluated to minimize the potential for noise impacts on and offsite and insure compliance with the City of Cypress Noise Ordinance and Noise Element. (MM #11) *105. Minimization of onsite ground vibration and noise impacts adjacent to the railroad spur will be considered during structural design of buildings. (MM #12) *106. 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. (The EPA has authorized the State to administer the Federal hazardous material management regulations.) 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. (MM #13) * 107. Industries which store hazardous materials in underground tanks shall obtain permits and comply with standards set forth by the State Regional Water Quality Control Board. 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. (MM #14) *108. If point source discharge is contemplated with any of the proposed land uses, a National Pollution Discharge Elimination System (NPDES) permit must be obtained from the State to satisfy Federal requirements. 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. (MM #15) *109. All generators and transporters of hazardous materials shall acquire necessary safety equipment. These safety equipments include: a telephone or radio for emergency communications; protective clothing and equipment for employee safety (e.g., breathing apparatus, respiration, goggles, boots); warning or alarm system; readily available safety shower and eyewash; first aid supplies. 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. (MM #16) *110. Energy conservation practices, as required by the Subdivision Map Act, Building Energy Efficiency Standards (California Energy Commission, 1988), and state and local laws, shall be incorporated into the design of the project to have the secondary effect of • Community Development Department • Planning Division • 108 Exhibit "A" Design Review Committee No. 96 -18 Conditions of Approval Page 17 limiting stationary source pollutants. Compliance shall be determined during building plan review of each building submitted for plan check. (MM #56) *111. The Project Applicant shall submit advance notice to Briggeman Disposal Service Inc. (1) one week prior to the occupancy date of each building. A copy of said notice shall be submitted to the Building Official. (MM #65) *112. Pursuant to A.B. 2926, school districts may assess developers of commercial developments to mitigate impacts on school facilities. Prior to each building permit being issued, the developer shall pay fees, in accordance with the law, to the appropriate school districts. (MM #71) FIRE AUTHORITY CONDITIONS 113. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued. 114. 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. 115. 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. 116. Prior to the issuance of the final Parcel Map No. 96 -121 or the issuance of any building permits, whichever occurs first, the developer shall submit to the Fire Chief evidence of the onsite fire hydrant system indicating public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of building permits. Provisions shall be made by the developer for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. 117. 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. • Community Development Department • Planning Division • Exhibit "A" Design Review Committee No. 96 -18 Conditions of Approval 109 Page 18 118. 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. 119. Prior to the issuance of any building permits, plans for the fire alarm system plans 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. 120. Prior to the issuance of any building permits, the applicant shall submit a detailed letter of intended use for each building. 121. Prior to the issuance of any grading permits, plans for all streets and courts, public or private, shall be submitted to and approved by the Fire Chief. The plans shall include sectional views, and indicate the width measured flow line to flow line. All proposed fire apparatus turnarounds shall be clearly marked. 122. Prior to the issuance of any grading permit, street improvement plans with fire lanes shown shall be submitted to and approved by the Fire Chief. Indicate the locations of red curbing and signage. Provide a drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color. The CC &R's shall contain a fire lane map and provisions which prohibit parking in the fire lanes, a method of enforcement shall be included. 123. Prior to recordation of the final Parcel Map No. 91 -121, all fire protection access easements shall be approved by the Fire Chief and dedicated to the appropriate county /city. The CC &R's 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. 124. Prior to the issuance of any building permits, contact the Orange County Fire Authority Hazardous Materials Disclosure Office at (714) 744 -0463 to obtain a "Hazardous Materials Business Information and Chemical Inventory Packet". This shall be completed and submitted to the Fire Chief before the issuance of any building permits. 125. Prior to the issuance of any grading permits, the applicant shall submit to the Fire Chief a list of the quantities of all hazardous, flammable and combustible materials, liquids or gases. These liquid and materials are to be classified according the "Orange County Fire Department Chemical Classification Handout." 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 • Community Development Department • Planning Division • 110 LI Exhibit "A" Design Review Committee No. 96 -18 Conditions of Approval Page 19 measure in pounds, gallons and cubic feet. Compressed gases and compressed liquified gases are to be converted to cubic feet. POLICE CONDITIONS *126. Each development project on the site, as determined during design review, shall be subject to security requirements or design modification to minimize potential criminal activity. (MM #80) Effective 8 -12 -96 • Community Development Department • Planning Division • Attachment A 1 I 11 il iL l . ,•1 11 8 F 0 3 0 b,razi,s 141111/1111 1114 Ise 1.0.10 a. w 2 w V PROFESSIONAL a5 (1) cr) cf) DCW N L1.1 U z co J w3 CL Z >-o LI- 0 O v)