Resolution No. 4579219
RESOLUTION NO. 4579
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CYPRESS, CALIFORNIA, APPROVING
DESIGN REVIEW COMMITTEE NO. 95 -43 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 construction of a 74,000 square foot speculative office building located
on the 4.29 acre parcel, known as Parcel 7 of the Warland /Cypress Business Center
Specific Plan area, at the northwest corner of Katella Avenue and Hope Street.
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
30, 1995, at which time it approved the construction of the proposed 74,000 square foot
speculative office building.
3. That the decision of the Design Review Committee on Design Review
Committee No. 95 -43 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 and the Warland /Cypress Business Center
Specific 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.
220
(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 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 building is consistent with the applicable
development standards and design guidelines set forth in the
Warland /Cypress Business Center Specific Plan.
(2) The proposed facility is compatible with surrounding business
park development.
(3)
Sufficient access and parking for the building will be provided
onsite.
(d) The proposed building implements in part the previously approved
Warland /Cypress Business Center Specific Plan Project.
5. The proposed building will comply with each of the applicable provisions
of the Zoning Ordinance, specifically including the PC -4 Planned Community Business
Park Zone.
6. On November 26, 1984, the City Council certified a Final Environmental
Impact Report ( "Specific Plan EIR ") in conjunction with the adoption of the
Warland /Cypress Business Center Specific Plan. The Specific Plan EIR analyzed all
potential impacts of development of the Warland Cypress Business Center including
cumulative impacts, 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. 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 Warland /Cypress Business Center Specific Plan and other Business Park
Specific Plans. The EIR recommended a variety of mitigation measures which were
adopted by the City Council in conjunction with its adoption of the General Plan Update.
This building is within the scope of the project analyzed in the General Plan Update EIR.
8. In accordance with Section 21094 of the California Environmental Quality
Act and Sections 15063, 15162, and 15168 of the California Environmental Quality Act
Guidelines, an Environmental Checklist /Initial Study was prepared in conjunction with
the application submitted by Warland Investments Company for approval of Design
Review Committee No. 95 -43, entitled the "Warland Investments Company Speculative
Building Initial Study /Environmental Checklist" (the "Environmental Checklist "). The
Environmental Checklist concluded that with incorporation of the mitigation measures
recommended in the Environmental Checklist, 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.
1060 -00003
21628_1
-2-
that:
9. Based on the analysis of the Environmental Checklist, the City Council finds
(a) The level of development to date in the Warland /Cypress Business
Center Specific Plan Area is far below the full buildout levels of
development analyzed in the Specific Plan EIR, and the Cypress
General Plan Update EIR;
(b)
The impacts 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. The Specific Plan and the
General Plan permit a maximum FAR of 1.0. This building has a
FAR of .37, well below the maximum.
(c) The proposed building will have no additional impacts not analyzed
in the Environmental Checklist;
(d) With incorporation of the mitigation measures recommended in the
Environmental Checklist, including the applicable mitigation
measures adopted in conjunction with the approval of the Specific
Plan and the 1993 General Plan Update, the proposed building will
not have any significant unmitigatable impacts on the environment,
which were not previously analyzed in the Specific Plan EIR and /or
the General Plan Update EIR.
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.
95 -43. 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 September 12, 1994, the City Council approved Development
Agreement No. 94 -2 vesting Warland Investments Company's right to develop the
Warland /Cypress Business Center Specific Plan. No challenge to the Development
Agreement has been filed and the time for any such challenge has now expired. In
accordance with that Development Agreement the City has retained the right to process
building permits and to undertake design review as specified in the City's Code. This
Design Review 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
Warland /Cypress Business 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.
1060 -00003
21628_1
-3-
221
222
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 building 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, the Initial Study /Environmental Checklist, the traffic study included in
the appendix of the Initial Study, 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
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.
18. 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:
1. The City Council of the City of Cypress does hereby approve Design
Review Committee No. 95 -43, subject to the conditions of approval and mitigation
measures attached hereto as Exhibit "A";
1060 -00003
21628_1
-4-
2. The City Council of the City of Cypress does hereby adopt the mitigated
negative declaration and the mitigation monitoring program for Design Review Committee
No. 95 -43 and directs the Community Development Director to file a Notice of
Determination with the County Clerk in accordance therewith.
APPROVED AND ADOPTED by the City Council of the City of Cypress
at a regular meeting held on the 11th day of December, 1995.
ATTEST:
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
I, DARRELL ESSEX, City Clerk of the City of Cypress, California, DO
HEREBY CERTIFY that the foregoing resolution was duly adopted at a regular meeting
of the City Council of the City of Cypress, held on the nth day of December 1995;
by the following roll call vote:
1060 -00003
21628_1
AYES: 5 COUNCIL MEMBERS: Age, Carroll, Jones,
Kerry and Bowman
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK O THE C
-5-
Y OF CYPRESS
223
224
EXHIBIT "A"
DESIGN REVIEW COMMITTEE NO. 95 -43
CONDITIONS OF APPROVAL
*DENOTES MITIGATION MEASURES
ENGINEERING CONDITIONS
1. The developer shall conform to all applicable provisions of the Code of the City of
Cypress.
2. A grading and drainage plan, in ink on Mylar, signed by a registered California civil
engineer and using actual grades from an Orange County Surveyor's Benchmark shall be
subrnitted 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 %).
*3. Precise grading plans shall include an Erosion, Siltation and Dust Control Plan for the
approval of the City Building Department. The Plan shall include provisions for
mitigation measures such as temporary irrigation, the sedimentation basins, sand bagging,
and a compaction program. The plan shall ensure that discharge of surface runoff from
the site during construction activities shall not result in increased erosion or siltation
discharge to existing drainage facilities. (Mitigation Measure No. 4)
*4. The following erosion control measures shall be implemented in order to limit wind and
water erosion:
A. Minimizing the length of time that soils lie exposed.
B. Regular watering of clearing and grubbed areas, in compliance with City
requirements and South Coast Air Quality Management District Rule 403, as
revised.
C. Establishment of desirable vehicle speeds within construction areas.
D. Protection from wind and water erosion will be the responsibility of the project
applicant and contractor in accordance with the erosion control provisions in the
Construction Documents (subject to review and periodic site inspections by the
City staff. (Mitigation Measure No. 5)
• Community Development Department • Planning Division •
225
Exhibit "A"
Design Review Committee No. 95 -43
Conditions of Approval
Page 2
5. Where an existing block wall is removed, the Developer shall provide suitable temporary
fencing for all adjacent properties during construction of the perimeter walls. A retaining
wall per City standards shall be constructed at the property line where the finish grade
difference is greater than twelve inches (12 "). A six -inch (6 ") concrete curb shall be
constructed per City standards to protect all block walls and structures exposed to
vehicular traffic. Grade separation shall not exceed two feet (2') between two adjacent
properties.
6. The developer shall provide adequate "No Parking" controls within the development and
appropriate "No Parking - Fire Lane" signs shall be installed to the satisfaction of the City
Engineer, and County Fire Marshal. Onsite traffic circulation shall be subject to the
approval of the City Engineer.
7. 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.
8. Hope Street frontage adjacent to the parcel shall be fully improved with sidewalk,
driveway, paving, etc., in accordance with the City's Code requirement of Streets.
9. The northwest corner driveway design shown on site plan is conceptual in nature and the
final configuration of the driveway shall be determined by the City Engineer in
consultation with the applicant. 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 Hope 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.
10. All utility services shall be underground. Trenching and backfill in streets shall be per
City of Cypress Standard No. 110. Arterials shall be crossed by boring only. In City
streets lateral open cuts spaced within twenty feet (20') of each other shall be covered
with a one inch (1") continuous A.C. cap.
11. 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.
12. Street trees (15 gallon) fifty -two feet (52') on center shall be installed in back of public
sidewalk in conformance to the street tree policy of the Public Works Department and
• Community Development Department • Planning Division •
226
Exhibit "A"
Design Review Committee No. 95 -43
Conditions of Approval
Page 3
shall be incorporated with the onsite landscape plan. The type of trees shall be as
required by the City's street tree ordinance. Landscaping in Public Right -of -Way shall
be maintained by the developer. For landscaping within the public right -of -way, a
landscape and irrigation plan shall be submitted for approval by the City and a bond
posted by the applicant to guarantee against any defects in plant materials and
workmanship.
13. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer laterals
connecting existing buildings at this property shall be plugged at the property line.
14. The developer shall comply with all applicable FAA requirements should any portion of
the development encroach within the 100 to 1 imaginary surface surrounding the Los
Alamitos Air Base. Encroachment within the 50 to 1 approach surface will require
approval by the FAA.
*15. The City of Cypress has developed a Citywide Fee to address specific traffic improvement
needs to the General Plan road system. These improvements address future traffic
conditions assuming build -out of the surrounding area. The Citywide Fee is adopted
through Resolution No. 4276 and Ordinance No. 911 and is applicable to this proposed
project. the fee would be applied in accordance with the adopted City procedures.
Through participation in the adopted fee program, the project would be providing a "fair
share" contribution toward required traffic impacts. For this particular project, the traffic
impacts are anticipated to be less than previously analyzed; therefore, no additional
mitigation should be required for this project. It should be emphasized that the basis of
the Citywide Fee represents full evaluation of cumulative traffic impacts and the
mitigations related to these potential impacts. (Mitigation Measure No. 10)
*16. The City of Cypress has also taken a proactive approach to potential regional impacts of
new development through the adoption of a regional traffic fee. This fee is in addition
to the Cypress Citywide Fee (which addresses local impacts) and would provide
proportionate share funding of impacts to the regional roadway system. The proposed
project would be subject to the regional fee, as well as the local Citywide Fee. (Mitigation
Measure No. 11)
17. 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 •
227
Exhibit "A"
Design Review Committee No. 95 -43
Conditions of Approval
Page 4
• City -wide Traffic Improvement Fee (Per Resolution 4348 and current fee
Resolution).
• Regional Traffic Improvement Fee (Per Resolution No. 4400).
• Sanitary Sewer Connection Fee (Per Orange County Sanitation District, No. 3,
Resolution 308).
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• School assessment fees (Mitigation Measure No. 22)
• All applicable Building Department fees.
18. 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, this 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 this building, 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.
COMMUNITY DEVELOPMENT CONDITIONS
19. 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.
The obligation to provide insurance shall cease with the issuance of the Certificate of
Occupancy.
• Community Development Department • Planning Division •
228
Exhibit "A"
Design Review Committee No. 95 -43
Conditions of Approval
Page 5
20. Utilities shall not be released and Certificate of Occupancy shall not be issued until all
applicable conditions of approval of Design Review Committee No. 95 -43 have been met
to the satisfaction of the Community Development Department.
21. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
22. All requirements of the Orange County Fire Marshal's Office shall be complied with prior
to a Certificate of Occupancy being issued.
23. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department to insure consistency with Design Review Committee No. 95 -43
prior to the issuance of building permits.
24. 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.
25. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
26. All roof mounted equipment, such as heating and air conditioning units, shall be
adequately screened from public view subject to the approval of City staff. Commercial
or industrial developments which adjoin residentially zoned areas shall construct noise
bafflers and /or deflectors on all mechanical equipment mounted outdoors, to the
satisfaction of City staff.
27. 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.
28. The developer shall provide an adequate number of trash enclosures onsite and at a
location acceptable to City staff. Construction bins must be maintained onsite. Bin rental
shall be contracted through Briggeman Disposal.
29. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only."
30. 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 •
229
Exhibit "A"
Design Review Committee No. 95 -43
Conditions of Approval
Page 6
31. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and
of a variety approved by the Community Development Director.
32. 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.
33. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
34. 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.
35. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
*36. 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 findings of the FAA will be
transmitted to the City of Cypress prior to the application for business permits. (Mitigation
Measure No. 1)
*37. The City shall prohibit any structure that is determined to be a "hazard" by FAA because
the proposed structure: a) would raise the ceiling or visibility minimums at an airport for
an existing or planned instrument procedure; b) would result in a loss of airport utility;
or c) would conflict with the VFR air space used for the airport traffic pattern or enroute
navigation to and from the airport. (Mitigation Measure No. 2)
38. 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.
39. 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.
• Community Development Department • Planning Division •
230
Exhibit "A"
Design Review Committee No. 95 -43
Conditions of Approval
Page 7
40. 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.
41. 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.
42. 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.
43. The project shall comply with all mitigation measures as referenced in the Negative
Declaration prior to issuance of Certificate of Occupancy.
BUILDING CONDITIONS
44. Applicant/developer shall comply with applicable provisions of the 1991 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California
Code of Regulations, Title 24, and the Code of the City of Cypress.
45. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed.
46. Applicant/developer shall comply with all disclosure requirements of the Orange County
Fire Authority for hazardous materials use and /or storage and the South Coast Air Quality
Management District for exhaustion of air contaminants.
47. Type 5 cement shall be used for all foundations and slabs on grade, unless otherwise
indicated by the soils engineer.
48. Wheelchair and handicap access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Building Department Standards.
49. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier, unless otherwise indicated by the soils engineer.
• Community Development Department • Planning Division •
231
Exhibit "A"
Design Review Committee No. 95 -43
Conditions of Approval
Page 8
50. 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.
*51. The deterioration study for the Cities of Lakewood, La Palma and Cypress, California,
establish accepted safety standards for residual chemical levels in soils. Prior to issuance
of building permits, a soils test shall be submitted to the Building Division verifying that
residual chemical levels are within the safety standards. Any soil remediation within the
accepted safety standards shall be completed prior to issuance of a building permit.
*52. The Initial Study confirms that the noise impacts from the building will not exceed
applicable City standards. This development shall at all times meet all applicable
standards of the City's noise ordinance. In accordance with routine City procedures, prior
to the issuance of building permits, the Applicant shall submit an acoustical report
meeting all the requirements of the Uniform Building Code and Title 24 of the California
Code of Regulations, which demonstrates to the satisfaction of the Building Division, that
all project land uses will continue to meet applicable exterior and interior noise standards,
including the City's comprehensive noise ordinance and with respect to any habitable
building proposed for construction within the 60 CNEL Contour for the Los Alamitos
Army Airfield. 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
to mitigate the noise impact from the Los Alamitos Army Airfield.
*53. Construction activities shall be limited to the hours of between 7 a.m. and 8 p.m., Monday
through Saturday. No construction activity shall be allowed on Sundays or federal
holidays. In addition, construction equipment should be equipped with effective muffling
devices. Compliance with this measure is subject to field inspections by City staff.
(Mitigation Measure No. 15)
*54. All grading, landform modifications and construction shall be in conformance with state -
of -the- practice design and construction parameters. Typical standard minimum guidelines
regarding regulations to control excavations, grading, earthwork construction, including
fills and embankments, and provisions for approval of plans and inspection of grading
construction are set forth in Chapter 70 of the latest version of the Uniform Building
Code. Compliance with these standards shall be evident on project grading and structural
plans. This measure shall be monitored by the City Building and Safety Department
through periodic site inspections. (Mitigation Measure No. 3)
*55. 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
• Community Development Department • Planning Division •
232
Exhibit "A"
Design Review Committee No. 95 -43
Conditions of Approval
Page 9
fixtures, plumbing fixtures and appliances are planned for the project in accordance with
applicable standards and requirements. (Mitigation Measure No. 6)
*56. Construction of the project shall comply with SCAQMD Rule 403, as revised. The
applicant shall also obtain approval of a dust control plan from the Building Division
prior to issuance of each grading or building permit. Dust- reduction measures shall
include regular watering of graded surfaces, restriction of all construction vehicles and
equipment to travel along established and regularly watered roadways, and suspending
operations that create dust during windy conditions (winds greater than 25 mph).
(Mitigation Measure No. 7)
*57. The applicant shall comply with the Subdivision Map Act, Building Energy Efficient
Standards and State and local laws for energy conservation. Compliance shall be
determined by the Building Division during building plan review. (Mitigation Measure
No. 8)
*58. The project shall comply with thermal regulations for the commercial and industrial
sector, as specified in CM #90 E- C -1A,2B and CM #90 E -C -2, as described in the General
Plan. The Engineering Division shall enforce compliance during the development plan
review process. (Mitigation Measure No. 9)
*59. Any business which uses, handles, stores or disposes of hazardous materials, including oil
and gasoline, shall obtain all appropriate permits and comply with all regulations
administered by the California Department of Health Services. Storage of such materials
shall be conducted in accordance with the City of Cypress' Hazardous Materials
Disclosure Ordinance. Compliance shall be determined by the City when a city business
tax license, if required, or a certificate of occupancy is obtained. (Mitigation Measure No.
12)
60. 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.)
FIRE AUTHORITY CONDITIONS
61. Prior to the issuance of 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. All fire
hydrants located within 300 feet of the building shall be shown on the plans.
• Community Development Department • Planning Division •
233
Exhibit "A"
Design Review Committee No. 95 -43
Conditions of Approval
Page 10
62. 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.
63. 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.
64. 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.
65. 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.
66. Prior to the issuance of any building permits, the applicant shall submit a detailed letter
of intended use for each building.
67. Prior to the issuance of any building 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. All roadways longer than 150 feet with
deadend shall be provided with an approved turnaround.
68. Prior to the issuance of any building permits, 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.
69. Prior to the issuance of any building permits, construction details for any emergency
access gate, if installed, shall be submitted to and approved by the Fire Chief. Contact
the Orange County Fire Authority at (714) 744 -6623 for a copy of the "Guidelines for
Fire Department Emergency Access."
70. The following notes shall be provided on the site plan:
• Community Development Department • Planning Division •