Resolution No. 4573182
RESOLUTION NO. 4573
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO DESIGN REVIEW COMMITTEE NO. 95 -37 - WITH CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed for Design Review Committee approval in
accordance with the provisions of Section 18 of the Zoning Ordinance of the City of Cypress
for the addition of 19,500 square feet of office area to the building approved for Bandai America
located at 5551 Katella Avenue.
2. That in accordance with the provisions of Section 18.3 of the City of Cypress
Zoning Ordinance, the Design Review Committee held a meeting on November 9, 1995, at
which time it approved the addition of 19,500 square feet of office area to the Bandai building
located at 5551 Katella Avenue.
3. That the decision of the Design Review Committee on Amendment to Design
Review Committee No. 95 -37 was reported to the City Council at the next regular Council
meeting following the date of the action by the Committee.
4. That the City Council hereby finds that:
a. The proposed location of the building is in accord with the objectives of
the Zoning Ordinance and the purpose of the zone in which the site is located is intended
to:
(1) Provide opportunity for a variety of high quality office, industrial
and commercial tenants consistent with City's General Plan;
(2) Provide a range of employment opportunities on -site including
professional, retail and service, and industrial, thereby widening the
employee base of the City of Cypress;
(3) Result in a positive revenue flow to the City of Cypress.
(4) Ensure that the development is perceived as a single, cohesive
business park complex; design measures encompassing landscaping,
signage, setbacks and streetscapes will combine to establish the unique
character of the development;
(5) Establish flexible development guidelines which will accommodate
future market trends and tenant needs, without sacrificing the intended
high - quality character of the project.
(6) Provide adequate infrastructure to support the specific plan land
uses.
b. The proposed project is consistent with the goals, policies, and objectives
of the City of Cypress General Plan Update (1993).
c. The proposed location of the building and the conditions under which it
would be operated or maintained will not be detrimental to the public health, safety or
welfare or be materially injurious to properties or improvements in the vicinity in that:
(1) The proposed addition to the corporate headquarters facility is
consistent with the applicable development standards and design guidelines set
forth in the McDonnell Center Amended Specific Plan.
(2) The proposed addition to the corporate headquarters facility is
compatible with surrounding business park developments.
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(3) Sufficient access and parking for the project will be provided
onsite.
5. In compliance with the California Environmental Quality Act, an Initial Study was
prepared in conjunction with the application submitted by Takenaka U.S.A. for the approval of
Amendment to Design Review Committee No. 95 -37, entitled the "Bandai America Corporate
Headquarters Building Amended Initial Study". The Initial Study concluded that with
incorporation of the mitigation measures recommended in the Initial Study, the project would
not have significant impacts on the environment.
6. The proposed project will comply with each of the applicable provisions of the
Zoning Ordinance, specifically including the PC -3 Planned Community Business Park Zone.
7. On April 26, 1982, the City Council certified the McDonnell Center
Environmental Impact Report in conjunction with the adoption of the McDonnell Center Specific
Plan. On October 11, 1994, the City Council approved an amendment to the McDonnell Center
Specific Plan which superseded and replaced the previous McDonnell Center Specific Plan. The
McDonnell Center Environmental Impact Report and subsequent expanded Initial Study analyzed
all potential impacts of development of the McDonnell Center including cumulative impacts, at
the full buildout levels permitted by the Specific Plan. The EIR recommended a variety of
mitigation measures which were adopted by the City Council in conjunction with its adoption
of the Specific Plan.
8. 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 Cypress General
Plan Update EIR analyzed the impacts of 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 General Plan. 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.
9. Based on the analysis in the Bandai America Corporate Headquarters Building
Amended Initial Study, the City Council finds that:
(a) The level of development in the McDonnell Center is far below the full
build out levels of development analyzed in the McDonnell Center EIR, expanded
Initial Study and the Cypress General Plan Update EIR;
(b) The impacts of the proposed project, including the cumulative impacts, are
less than those analyzed in the McDonnell Center EIR, expanded Initial Study and
the Cypress General Plan Update EIR and no additional mitigation measures
beyond those recommended in the Bandai America Corporate Headquarters
Building Amended Initial Study are necessary;
(c) The proposed project will have no additional impacts not analyzed in the
Bandai America Amended Initial Study;
(d) With incorporation of the mitigation measures recommended in the Bandai
America Corporate Headquarters Building Amended Initial Study, including the
applicable mitigation measures adopted in conjunction with the approval of the
1993 General Plan Update, the proposed project will not have significant impacts
on the environment.
10. The zoning designation for the site and the McDonnell Center Specific Plan
permits the density of development on the site which would be permitted by Amendment to
Design Review Committee No. 95 -37. The Bandai America Corporate Headquarters Building
Amended Initial Study reveals that there are no significant impacts upon the environment
peculiar to the site or which were not addressed as significant impacts in the McDonnell Center
EIR, expanded Initial Study, or which substantial new information shows would be more
significant than described in the McDonnell Center EIR.
11. The project is consistent with the City of Cypress General Plan. The Bandai
America Corporate Headquarters Building Amended Initial Study revealed that there are no
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significant impacts upon the environment peculiar to the site or the project which were not
addressed as significant impacts in the Cypress General Plan Update EIR, or which substantial
new information shows would be more significant than described in the Cypress General Plan
Update EIR.
12. The project is within the scope of the McDonnell Center Specific Plan and the
Cypress General Plan Update, the environmental impacts of which were examined in the
McDonnell Center EIR, expanded Initial Study, and the Cypress General Plan Update EIR.
13. The Bandai America Corporate Headquarters Building Amended Initial Study
shows that the project will not result in any significant impacts on the environment which were
not examined in the McDonnell Center EIR, expanded Initial Study, and the Cypress General
Plan Update EIR.
14. A subsequent environmental impact report is not required pursuant to Public
Resources Code §21166 in that:
(a) The project is consistent with the policies, goals and regulations of the
McDonnell Center Specific Plan and the Cypress General Plan Update, the
environmental impacts of which were examined in the McDonnell Center EIR,
expanded Initial Study, and the Cypress General Plan Update EIR;
(b) Since the certification of the McDonnell Center EIR, adoption of the
expanded Initial Study, and the Cypress General Plan Update EIR no substantial
changes in circumstances in the project area have occurred; and
(c) No new information has become available since the certification of the
McDonnell Center EIR and the Cypress General Plan Update EIR which would
require any important change in the analysis in those EIRs.
15. In conjunction with the adoption of this resolution, the City Council is adopting
the conditions and mitigation measures attached hereto as Exhibit "A ", which will avoid all
potential impacts of the project or mitigate them to levels of insignificance.
16. Prior to taking action on this resolution, the City Council reviewed and considered
the McDonnell Center EIR, the Cypress General Plan Update EIR, the Bandai America
Corporate Headquarters Building Amended Initial Study and the mitigated negative declaration
prepared for this project.
17. The mitigated negative declaration adopted for this project reflects the independent
judgment of the City Council.
18. Considering the record as a whole, there is no evidence that the proposed project
will have the potential for an adverse effect on wildlife resources on the habitat on which
wildlife depends. Any presumption of an adverse effect on wildlife resources or habitat has been
rebutted through the substantial evidence in the record.
19. In conjunction with the adoption of this resolution, the City Council is adopting
the conditions and mitigation measures attached hereto as Exhibit "A ", which will avoid all
potential impacts of the project or mitigate them to levels of insignificance.
20. The proposed building will comply with each of the applicable provisions of the
Zoning Ordinance except for approved variances or adjustments.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Amendment to Design Review Committee No. 95 -37, subject
to the conditions and mitigation measures attached hereto as Exhibit "A."
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PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 27th day of November , 1995.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, 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 27th day of November , 1995, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Age, Carroll, Jones and Bowman
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAINED: 1 COUNCIL MEMBERS:
/4
CITY CLERK OF THE CrT OF CYPRESS
186
EXHIBTT "A"
AMENDMENT TO DESIGN REVIEW COMMITTEE NO. 95 -37
CONDITIONS OF APPROVAL
*DENOTES MITIGATION MEASURE
ENGINEERING CONDITIONS
1. The developer shall conform to all applicable provisions of the Code of the City of
Cypress.
2. Drainage shall be solved to the satisfaction of the City Engineer. A grading 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. 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 %).
3. The developer shall provide adequate "No Parking" controls within the development and
appropriate "No Parking - Fire Lane" signs installed per California Vehicle Code #22658,
to the satisfaction of the City Engineer, and County Fire Marshal. The developer of this
project shall provide adequate speed control within the development to the satisfaction of
the City Engineer. Onsite traffic circulation shall be subject to the approval of the City
Engineer.
4. 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.
5. Wheelchair and handicapped access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Public Works Department
standards.
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.
• Community Development Department • Planning Division •
Exhibit "A"
Amendment to Design Review Committee No. 95 -37
Conditions of Approval
187
Page 2
7. Walker Street, Katella Avenue, and Douglas Drive shall be dedicated and fully improved
with curb, gutter, sidewalk, driveway, paving, etc., in accordance with the City's Code
requirement of Streets. Curb returns at the intersection of Walker Street and Douglas
Drive and all driveway entrances shall have a radius of fifteen feet (15'). The corner
cutoff shall be dedicated to the City of Cypress for roadway purposes.
8. 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. 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.
9. 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 (I") continuous A.C. cap.
10. Transportation Systems Management (TSM) measures shall be encouraged for all
developments in the City. The developer shall participate in the TSM plan adopted by
the City. The developer shall participate in these programs on an equivalent basis with
all other City designated participants.
11. 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.
12. Street lights on marbelite standards shall be installed per Southern California Edison
Company requirements. Street name signs and traffic signs shall be installed per City
Standards.
13. Street trees (15 gallon) fifty -two feet (52') on center shall be installed in back of public
sidewalk in conformance to the street tree policy of the Public Works Department and
shall be incorporated with the onsite landscape plan. The type of trees shall be as
required by the City's street tree ordinance. Landscaping in Public Right -of -Way shall
be maintained by the developer.
14. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Engineering Plan Check & Inspection Fee (Per Resolution 2964).
• Drainage Fee for Master Drainage Plan (Per Resolution 2287).
• Community Development Department • Planning Division •
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Exhibit "A"
Amendment to Design Review Committee No. 95 -37
Conditions of Approval
Page 3
• City -wide Traffic Improvement Fee (Per Ordinance 911 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).
•
•
Advanced Street Light Energy Fee (For one (1) year period).
Grading Plan Check and Permit (Per Resolution 2964 & 3662).
All applicable Building Department fees.
15. The developer shall comply with all FAA requirements should any portion of the
development encroach within the 100 to 1 imaginary surface surrounding the Los
Alamitos Air Base. Encroachment within the 50 to 1 approach surface will require
approval by the FAA.
16. 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. A soils report for all planting
areas, prepared by a qualified agricultural laboratory, shall be submitted to the Public
Works Department for approval at least thirty (30) days prior to planting date. Test
results shall include concentration of nitrogen, phosphorus, potassium, ph, salinity, sodium
status, and boron saturation extract. Additionally, an agreement shall be executed by the
developer to provide for ongoing maintenance.
*17. The development shall comply with the Citywide Fee (Resolution 4348),which requires
payment of fees based on the size of the development. (Mitigation Measure No. 3.6a.1)
*18. The developments shall comply with the Regional Fee (Resolution 4400), which requires
the payment of fees based on the size and use of the development. (Mitigation Measure
No. 3.6a.2)
* 19. The project 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. 3.11c.1)
20. 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
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Exhibit "A"
Amendment to Design Review Committee No. 95 -37
Conditions of Approval
Page 4
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.
PLANNING CONDITIONS
21. The developers contractor shall provide the City with a Certificate of Insurance on City
form evidencing a comprehensive liability insurance policy with a combined single limit
of not less than $500,000 each occurrence in connection with the work performed.
Certificate shall include the City, its Council, officers, members of boards or commissions
and employees as additional Named Insureds with respect to all claims, actions, damages,
liabilities and expenses, including attorney's fees, arising out of or in 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.
22. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
23. All applicable conditions of Amendment to Design Review Committee No. 95 -37 shall
be complied with prior to occupancy of the subject building.
24. All requirements of the Orange County Fire Marshal's Office shall be complied with prior
to a Certificate of Occupancy being issued.
25. All business activity shall occur within the building. Temporary use permits may be
granted for outdoor activity in accordance with Section 13 of the Cypress Zoning
Ordinance.
26. Wheelchair and handicap access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Building Department Standards.
*27. Building materials and architectural designs shall provide for internal as well as external
compatibility with respect to surrounding land uses. Project architectural design themes
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Exhibit "A"
Amendment to Design Review Committee No. 95 -37
Conditions of Approval
Page 5
shall be consistent with guidelines that are provided for in the Specific Plan, and shall be
developed and reviewed during subsequent more detailed site planning stages. Mitigation
Measure No. 3.13b.2)
*28. Architectural materials and 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 McDonnell Center
Amended Specific Plan, and ensure compatibility with the surrounding area and the
community as a whole. (Mitigation Measure No. 3.13b.3)
*29. Roof design for the project shall require architectural review by the City prior to issuance
of building permits and shall include shielding of .mechanical equipment including air
conditioning units, fans and duct work, and use of roof materials and assembly techniques
which appear finished and attractive and comply with the requirements in the Specific
Plan and General Plan Guidelines. (Mitigation Measure No. 3.13b.4)
30. 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.
31. The developer shall provide an adequate number of trash enclosures onsite and at a
location acceptable to City staff. All trash areas shall be shielded from view by a solid
wall not less than six feet (6') in height. [NOTE: Trash/waste enclosures shall be
maintained onsite at all times. Offsite encroachment of trash/waste enclosures (into the
public right -of -way), is prohibited unless formal approval is granted by the City Engineer
and an Encroachment Permit issued.]
32. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only."
33. Parking for the handicapped shall be provided in accordance with State requirements.
*34. Landscaping shall be provided throughout the proposed development to soften visual
impacts and enhance the aesthetic character of the project. The project shall comply with
guidelines and regulations for the planning of project landscaping and its maintenance as
set forth in the Specific Plan. Use of native plant species should be to the maximum
extent feasible. (Mitigation Measure No. 3.13b.1)
*35. At least sixty (60) days prior to issuance of the Certificate of Occupancy, a detailed
landscape and automatic irrigation plan (consistent with the provisions of the McDonnell
Center Amended Specific Plan and the Cypress Zoning Ordinance, Section 23
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Exhibit "A"
Amendment to Design Review Committee No. 95 -37
Conditions of Approval
Page 6
landscaping) for all streetscapes and perimeter areas and remaining landscape areas on the
site shall be submitted by the applicant and approved by the City. In addition, a bond
shall be posted with the Public Works Department to guarantee against defects in plant
materials and workmanship for a period of one (1) year from planting. The landscape
bond shall be retained until such time that the landscape screening materials have matured
to a height and thickness which fully screens the loading area from view from surrounding
properties and streets. (Mitigation Measure No. 3.13b.5)
36. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and
of a variety approved by the Community Development Director.
37. All landscaping shall be maintained in a neat, clean and healthy condition. This shall
include proper pruning, mowing of lawns, weeding, removal of litter. fertilizing,
replacement of plants when necessary, and the regular watering of all plants.
38. 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.
39. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
40. Sign plans for both building and freestanding monument signs, consistent with the
provisions in the Cypress Zoning Ordinance and the applicable Specific Plan, 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.
41. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
*42. Prior to the issuance of building permits (at least thirty (30) days prior) for any
development proposed within the study area which would penetrate 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 findings of the FAA will be transmitted to the City of Cypress prior
to the application for business permits. (Mitigation Measure No. 3.1b.1)
*43. 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
• Community Development Department • Planning Division •
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Exhibit "A"
Amendment to Design Review Committee No. 95 -37
Conditions of Approval
Page 7
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. 3.1b.2)
44. 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.
45. 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.
46. 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.
47. 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.
48. Prior to the issuance of building permits for any habitable building proposed for
construction within the 60 CNEL contour from the Los Alamitos Army Airfield, the
project proponent shall submit to the City of Cypress an acoustical analysis report. The
report shall describe the acoustical design features of the structures required to satisfy the
Airport Environs Land Use Plan and State interior noise standards along with evidence
that the sound attenuation measures specified in the report have been incorporated with
the design of the project.
49. 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.
50. 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.
A detailed lighting plan shall be submitted to the Community Development Department
for review prior to issuance of building permits.
51. The project shall comply with all mitigation measures (incorporated herein as conditions
of approval) contained in the Negative Declaration and set forth in the Mitigation
Monitoring program approved for Design Review Committee No. 95 -37 prior to issuance
of a Certificate of Occupancy, or as otherwise described in the Mitigation Monitoring
Program.
• Community Development Department • Planning Division •
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Exhibit "A"
Amendment to Design Review Committee No. 95 -37
Conditions of Approval
Page 8
52. 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
in the amount of Twenty -Five Dollars ($25.00) 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.
53. The appro ✓al of Amendment to Design Review Committee No. 95 -37 shall not become
effective until the Community Development Department receives an agreement to the
conditions of approval contained herein, signed by the applicant.
54. The approval of Amendment to Design Review Committee No. 95 -37 shall lapse and
become void one (1) year following the date upon which the use permit for this project
became effective, unless prior to the expiration of one (1) year a building permit is issued
and construction is commenced and diligently pursued toward completion.
BUILDING CONDITIONS
*55. All buildings shall be constructed to conform with applicable state and City building
codes. (Mitigation Measure No. 3.11a.4)
56. Applicant/developer shall comply with applicable provisions of the most current Uniform
Building, Plumbing and Mechanical Codes, the National Electrical Code, the California
Administrative Code, Title 24, and the Cypress City Code in effect at the time of plan
check submittal. The codes in effect when the plans are submitted into Building Division
plan check will be the applicable codes for the building construction.
57. Applicant/developer shall comply with all disclosure requirements of the Orange County
Fire Authority or hazardous materials use and /or storage and the South Coast Air Quality
Management District for exhaustion of air contaminants.
58. Type 5 cement shall be used for all foundations and slabs on grade.
59. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier unless otherwise determined to the satisfaction of the Building Official
by a soils engineer.
*60. Prior to issuance of a grading permit, a geological and soils report shall be prepared by
a registered geologist or soils engineer and submitted to the City Building Department for
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Exhibit "A"
Amendment to Design Review Committee No. 95 -37
Conditions of Approval
Page 9
approval. The report shall specify design parameters necessary to remediate any soils and
geologic hazards. (Mitigation Measure No. 3.3b.1)
*61. All earthwork shall be subject to the provisions of the Uniform Building Code.
(Mitigation Measure No. 3.3b.2)
*62. All structures shall be subject to the provisions of the seismic requirements of the
Uniform Building Code. (Mitigation Measure No. 3.3b.3)
*63. Precise grading plans shall include an Erosion, Siltation and Dust Control Plan for the
approval of the City Building Department. The Plan's provisions may include
sedimentation basins, sand bagging, soil compaction, revegetation, temporary irrigation.
scheduling and time limits on grading activities, construction equipment restrictions on-
site. This plan shall also demonstrate compliance with South Coast Air Quality
Management District Rule 403, which regulates fugitive dust control. (Mitigation Measure
No. 3.3f.1)
*64. Prior to issuance of building permits, permit applicant shall submit for approval of City
Building Department, a water quality management plan (WQMP) specifically identifying
Best Management Practices (BMP's) that will be used onsite to control predictable
pollutant run -off. (Mitigation Measure No. 3.4c.1)
*65. Prior to issuance of building permits, applicant shall obtain coverage under the NPDES
Statewide Industrial Stormwater Permit for General Construction Activities from the State
Water Resources Control Board. Evidence this has been attained shall be submitted to
the City Building Department. (Mitigation Measure No. 3.4c.2)
*66. The project shall comply with SCAQMD Rule 403 (Fugitive Dust Emissions) to reduce
construction- generated dust particulates. (Mitigation Measure No. 3.5b.1)
*67. The project site shall be watered twice daily during the construction phase of the project.
Mitigation Measure No. 3.5b.2)
*68. All businesses shall comply with the City's Hazardous Materials Disclosure Ordinance,
which requires that businesses must disclose to the City the use of specified listed
materials over certain quantities. (Mitigation Measure No. 3.9a.1)
69. 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.
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Exhibit "A"
Amendment to Design Review Committee No. 95 -37
Conditions of Approval
Page 10
*70. Prior to issuance of building permits, the developer shall demonstrate to the Orange
County Water District (OCWD) and the City of Cypress, that the use of low water use
fixtures, plumbing fixtures and appliances are planned for the project in accordance with
applicable standards and requirements. (Mitigation Measure No. 3.12c.1)
FIRE CONDITIONS
71. Prior to the issuance of any building permits, water improvement plans shall be submitted
to and approved by the Fire Chief to ensure adequate fire protection and financial security
is posted for the installation. The water system design, location of valves, and the
distribution of fire hydrants will be evaluated and approved by the Chief. Fire hydrants
shall be spaced 150 feet apart from all portions of the structure.
72. 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.
73. Prior to the issuance of any building permits for interior improvements, 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.
74. 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.
*75. The proposed project shall include a water system of sufficient capacity and pressure for
the proposed land use and fire protection. (Mitigation Measure No. 3.11a.1)
*76. Sufficient accessibility for fire- fighting equipment shall be provided. The Orange County
Fire Department shall review precise development proposals to ensure adequate access and
fire protection facilities. (Mitigation Measure No. 3.11a.2)
*77. 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. 3.11a.3)
• Community Development Department • Planning Division •
196
Exhibit "A"
Amendment to Design Review Committee No. 95 -37
Conditions of Approval
Page 11
78. Prior to the issuance of any building permits, an Orange County Fire Authority Water
Availability Form shall be submitted to and approved by the 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.
79. 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.
80. The following notes shall be provided on the site plan:
A. Fire Authority Final Inspection Required. Schedule inspection two (2) days in
advance. Phone (714) 527 -9447.
B. Locations and classifications of extinguishers to be determined by the fire
inspector.
C. Plans of modifications to or new fire protection, detector or alarm system(s) shall
be approved by the Fire Authority prior to installation.
POLICE CONDITIONS
81. All exterior doors utilized only for emergency exiting, shall have locking hardware
designed to be locked from the exterior, but unlocked from the interior for exiting
purposes.
82. All exterior doors shall be illuminated during the hours of darkness for security purposes.
Building- mounted overhead doorway lighting is recommended.
83. Building address numbers shall be clearly visible from any street access.
*84. 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. 3.11b.1)
Effective 11/27/95
• Community Development Department • Planning Division •