Resolution No. 4641474
RESOLUTION NO. 4641
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS, CALIFORNIA, APPROVING CONDITIONAL
USE PERMIT NO. 96 -5 - 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 Conditional Use Permit approval in accordance
with the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress for the
construction of three (3) speculative buildings with a total of square feet of floor area located
at the southeast corner of Valley View Street and Katella Avenue.
2. That the City Council, after proper notice thereof, duly held a public hearing on
said application as provided by law.
3. That the City Council hereby finds that:
(a) The proposed location of the buildings are in accordance 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
Cypress Corporate Center Amended Specific Plan;
(2) Provide a range of employment opportunities on -site including
professional, research and development, and industrial uses,
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 buildings are consistent with the goals, policies, and
objectives of the City of Cypress General Plan as updated in 1993.
(c) The proposed location of the buildings and the conditions under which
they will 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 buildings are consistent with the applicable
development standards and design guidelines set forth in the
Cypress Corporate Center Specific Plan.
(2) The proposed buildings are compatible with surrounding business
park development.
(3) Sufficient access and parking for the buildings will be provided
onsite.
(d) The proposed buildings implement in part the previously approved
Cypress Corporate Center Amended Specific Plan Project.
4. The proposed buildings will comply with each of the applicable provisions of the
Zoning Ordinance, specifically including the PC -2 Planned Community Business Park Zone.
5. On 1989, the City Council certified a Final Environmental Impact Report
( "Specific Plan EIR ") in conjunction with the adoption of the Cypress Corporate Center
Amended Specific Plan. The Amended Specific Plan EIR analyzed all potential impacts of
development of the Cypress Corporate 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.
These buildings are within the scope of the project analyzed in the Amended Specific Plan EIR.
6. On February 8, 1993, the City certified the Cypress General Plan Update EIR in
conjunction with the adoption of the City's 1993 General Plan Update (the "General Plan Update
EIR "). The General Plan Update EIR analyzed the city -wide development of business park uses,
including, but not limited to, land use, noise, air quality, transportation/circulation, and
cumulative impacts at the full buildout levels permitted by the Cypress Corporate 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.
7. 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 Cypress Land Company for approval of Conditional Use Permit No. 96 -5, entitled the "Initial
Study /Environmental Checklist Three Speculative Buildings Within the Cypress Corporate Center
Specific Plan" (the "Environmental Checklist "). The Environmental Checklist concluded that
with incorporation of the mitigation measures recommended in the Environmental Checklist, the
buildings would not have significant impacts on the environment which were not previously
analyzed and disclosed in the Amended Specific Plan EIR or the General Plan Update EIR.
8. Based on the analysis of the Environmental Checklist, the City Council finds that:
(a) The level of development to date in the Cypress Corporate Center
Amended Specific Plan area is below the full buildout levels of
development analyzed in the Amended Specific Plan EIR, and the Cypress
General Plan Update EIR;
(b) The impacts of the proposed buildings, including the cumulative impacts,
are equal to or less than those considered in the Amended Specific Plan
EIR, and the General Plan Update EIR and no additional mitigation
measures beyond those recommended in the Environmental Checklist are
necessary. The Amended Specific Plan and the General Plan permit a
maximum FAR of .50. These buildings have a combined FAR of . , well
below the maximum.
(c) The proposed buildings will have no additional impacts not analyzed in the
Environmental Checklist;
(d) With incorporation of the mitigation measures recommended in the
Environmental Checklist, including the applicable mitigation measures
adopted in conjunction with the approval of the Amended Specific Plan
and the 1993 General Plan Update, the proposed buildings will not have
any significant unmitigatable impacts on the environment, which were not
previously analyzed in the Amended Specific Plan EIR and /or the General
Plan Update EIR.
9. The zoning designation for the site and the Amended Specific Plan permits the
density of development on the site which would be permitted by Conditional Use Permit No. 96-
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5. There are no significant impacts upon the environment peculiar to the site which were not
addressed as significant impacts in the Amended 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.
10. On September 12, 1994, the City Council approved Development Agreement No.
94 -1 vesting the Cypress Land Company's right to develop the Cypress Corporate Center
Amended 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 Conditional Use Permit approval has been processed and
approved in accordance with the Development Agreement.
11. Although these buildings have been considered using an individual initial
study /environmental checklist, nonetheless cumulative impacts of these buildings together with
the impacts of development of other speculative buildings, the buildout of the entire Cypress
Corporate Center have been addressed in the General Plan Update EIR and Amended 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 these buildings as compared to the
impacts previously anticipated in the Amended Specific Plan EIR and the General Plan Update
EIR. Potential cumulative impacts have been adequately considered because the General Plan
Update EIR was predicated on the assumption that all property in the City would be developed
in accordance with the limits of the General Plan.
12. A subsequent environmental impact report is not required pursuant to Public
Resources Code § 21166 in that:
(a) There are no substantial changes proposed for the buildings which will
require major revisions of the Amended 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 Amended Specific Plan have
occurred requiring major revisions to the Amended Specific Plan EIR and
General Plan Update EIR; and
(c) No new information of substantial importance has become available since
the certification of the Amended 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 buildings 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 Amended
Specific Plan).
13. In conjunction with the adoption of this resolution, the City Council is adopting
the policies and mitigation measures attached hereto as Exhibit "A", which will avoid all
potential significant impacts of the buildings or mitigate them to levels anticipated in the
previously certified EIRs. In some cases, the mitigation measures contained on Exhibit "A"
vary slightly from the mitigation measures contained in the Environmental Checklist. Any
variance between the conditions attached hereto in Exhibit "A" and those contained in the
negative declaration are minor in nature and required to insure clarity, ease of enforcement, or
avoid duplication.
14. Prior to taking action on this resolution, the City Council reviewed and considered
the Amended Specific Plan, the Amended 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.
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15. The mitigated negative declaration adopted for this approval reflects the
independent judgment of the City Council.
16. Considering the record as a whole, there is no evidence that the proposed
buildings 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.
17. The proposed buildings 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 Conditional Use
Permit No. 96 -5, subject to the conditions of approval and mitigation measures attached hereto
as Exhibit "A";
2. The City Council of the City of Cypress does hereby adopt the mitigated negative
declaration and the mitigation monitoring program for Conditional Use Permit No. 96 -5, 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 28th day of May , 1996.
ATTEST:
CITY CLERK
STATE OF CALIFORNIA)
COUNTY OF ORANGE )SS
MAYOR
I, LILLIAN M. HAINA, 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 28th day of May , 1996; by the
following roll call vote:
AYES:
NOES:
ABSENT:
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0
0
477
COUNCIL MEMBERS: Age, Carroll, Jones, Kerry
and Bowman
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
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478
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 96 -5
CONDITIONS OF APPROVAL
*DENOTES MITIGATION MEASURE
BOLDED CONDITIONS REPRESENT THOSE SPECIFIC TO THIS PROJECT
ENGINEERING CONDITIONS
1. The developer shall conform to all applicable provisions of the Code of the City of
Cypress.
2. A grading and drainage plan, in ink on Mylar, signed by a registered California civil
engineer and using actual grades from an Orange County Surveyor's Benchmark shall be
submitted for approval by the City Engineer. A topography of the area surrounding this
development shall be made to establish existing drainage flow patterns. 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 to be
approved by the City Engineer. 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. 5)
*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
• Community Development Department • Planning Division •
479
Exhibit "A"
Conditional Use Permit No. 96 -5
Conditions of Approval
Page 2
Construction Documents (subject to review and periodic site inspections by the
City staff. (Mitigation Measure No. 6)
5. 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.
6. The developer shall provide adequate "No Parking" controls within the development with
appropriate "No Parking - Fire Lane" signs 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. Valley View Street, Katella Avenue, Hope Street, and Phyllis Drive shall be dedicated
and fully improved with curb, gutter, sidewalk, driveway, paving, etc., in accordance
with the City's Code requirement of streets. Katella Avenue shall have a total right -of-
way width of 130' which includes an additional 6' wide tree planting, and public utility
easement on each side of the street. The corner cutoff shall be dedicated to the City of
Cypress for roadway purposes. Hope Street shall have a right -of -way half width of 32'
which includes an additional 6' wide tree planting and public utility easement on west
side of Hope Street.
9. The quantity, location, width, and type of driveways shall be subject to the approval of
the City Engineer. An effective site distance for vehicular traffic shall be maintained at
the intersection of the driveway entrances with Valley View Street, Katella Avenue,
Hope Street, and Phyllis Drive. No landscaping in excess of three feet (3') high will be
allowed in the area of the curb returns. Adequate sight distance also shall be maintained
within the development at all driveway intersections to the satisfaction of the City
Engineer.
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.
• Community Development Department • Planning Division •
480
Exhibit "A"
Conditional Use Permit No. 96 -5
Conditions of Approval
Page 3
11. A fourth through lane from Valley View Street to Hope Street shall be provided along
Katella Avenue per the City's Traffic Engineer.
12. 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.
13. Street lights on marbelite standards shall be installed per Southern California Edison
Company requirements.
14. Street trees (15 gallon) fifty -two feet (52') on center shall be installed in back of public
sidewalk in conformance with 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. 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. Landscaping in the Public Right -of -Way shall be maintained by the
developer.
15. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer
laterals shall be plugged at the property line.
*16. All required sewer improvements shall be designed and constructed to City and Orange
County Sanitation District standards. All tentative tract maps, site plans, and other
precise plans for the project site shall be accompanied by adequate plans for sewer
improvements prepared by a California registered professional civil engineer. (Mitigation
Measure No. 37)
*17. Refer to mitigation measure no. 37, for water conservation measures which would also
serve to reduce the amount of wastewater generated by the proposed project. (Mitigation
Measure No. 38)
18. The developer shall comply with all applicable requirements of the FAA 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.
*19. 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
• Community Development Department • Planning Division •
481
Exhibit "A"
Conditional Use Permit No. 96 -5
Conditions of Approval
Page 4
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. 15)
*20. 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. Prior to
the actual adoption of the regional fee, some intersection counts outside the City limits
were conducted and the associated analysis completed. These analyses are no longer
necessary due to the adoption of the regional traffic fee. (Mitigation Measure No. 16)
*21. 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 Public Works Department through
periodic site inspections. (Mitigation Measure No. 3)
*22. Site - specific hydrology analyses shall be performed prior to development to assure flood
protection from a 100 -year flood. (Mitigation Measure No. 7)
*23. To mitigate local flood problems, storm drains shall be installed throughout the study
area in accordance with the City's requirements. All tentative tract maps, site plans and
other precise plans within the study area shall be accompanied by adequate hydrology and
hydraulic calculations and drainage improvement plans prepared by a California
registered professional civil engineer. (Mitigation Measure No. 8)
*24. Development proposals within hazard areas subject to unstable soils conditions and
seismic shaking shall be identified and assessed prior to development and designed to
• Community Development Department • Planning Division •
482
Exhibit "A"
Conditional Use Permit No. 96 -5
Conditions of Approval
Page 5
mitigate such hazards as confirmed during building design and plan checking. (Mitigation
Measure No. 4)
25. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Engineering Plan Check & Inspection Fee (Per Resolution 2964).
• Drainage Fee for Master Drainage Plan (Per Resolution 2287)
• 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).
• Advanced Street Light Energy Fee (For one (1) year period) .
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• School assessment fees (Mitigation Measure No. 25)
• All applicable Building Department fees.
26. 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 these buildings, which action is brought within the
time period provided in Government Code Section 66499.37 and Public Resources Code,
Division 13, CH. 4 (§ 21000 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.
• Conununity Development Department • Planning Division •
483
Exhibit "A"
Conditional Use Permit No. 96 -5
Conditions of Approval
COMMUNITY DEVELOPMENT CONDITIONS
Page 6
27. 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. The obligation to provide insurance shall cease with the issuance
of the Certificate of Occupancy.
28. Utilities shall not be released and Certificate of Occupancy shall not be issued until all
applicable conditions of approval of Conditional Use Permit No. 96 -5 have been met to
the satisfaction of the Community Development Department.
29. Any business which occupies the buildings shall obtain a Cypress business license prior
to commencement of the business operations.
30. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to a Certificate of Occupancy being issued.
31. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department to insure consistency with the plans submitted as Conditional
Use Permit No. 96 -5 prior to the issuance of building permits.
32. 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 painting the structures.
*33. Architectural design, including materials and colors used in the project design, shall be
subject to review and approval by the City prior to issuance of building permits. This
review shall ensure compliance with existing City policies and additional aesthetic
guidelines as required by the Cypress Corporate Center Specific Plan, and ensure
compatibility with the surrounding area and the community as a whole. (Mitigation
Measure No. 40)
*34. Building materials and architectural designs should provide for internal as well as
external compatibility with respect to surrounding land uses. Project architectural design
• Community Development Department • Planning Division •
484
Exhibit "A"
Conditional Use Permit No. 96 -5
Conditions of Approval
Page 7
themes are provided for in the Specific Plan, and shall be developed and reviewed during
subsequent more detailed site planning stages. (Mitigation Measure No. 43)
35. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
*36. 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
conditioner, fans and duct work, and use of roof materials and assembly techniques
which appear finished and attractive in accordance with Specific Plan and General Plan
Guidelines. (Mitigation Measure No. 41)
37. The transformer boxes and water valves shall be placed in locations acceptable to the
Community Development Director.
38. 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: Construction bins must be maintained
onsite. Bin rental shall be contracted through Briggeman Disposal.
39. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only."
*40. Landscaping shall be provided throughout the proposed development to soften visual
impacts and enhance the aesthetic character of the project. Guidelines and regulations
for the planning of project landscaping and its maintenance are set forth in the Specific
Plan. Use of native plant species should be to the maximum extent feasible. (Mitigation
Measure No. 42)
*41. At least sixty (60) days prior to Certificate of Occupancy, a detailed landscape plan for
all streetscapes and perimeter areas and remaining landscaping areas on the site shall be
submitted by the applicant and approved by the City. In addition, a bond shall be posted
with the Public Works Department to guarantee against defects in plant materials and
workmanship. (Mitigation Measure No. 44)
42. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and
of a variety approved by the Community Development Director.
43. 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.
• Community Development Department • Planning Division •
485
Exhibit "A"
Conditional Use Permit No. 96 -5
Conditions of Approval
Page 8
44. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
45. 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 by the Design Review Committee.
46. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
*47. Prior to the issuance of building permits (at least 30 days prior) for development
proposed within the study area which would penetrating the 100:1 imaginary surface, the
project proponent will submit FAA Form 7460 -1, "Notice of Proposed Construction or
Alteration," to the Chief, Air Traffic Division, of the appropriate FAA regional office
for projects within those affected portions of the study area. The project applicant will
comply with all appropriate FAA standards and requirements. The findings of the FAA
will be transmitted to the City of Cypress prior to the application for building permits.
(Mitigation Measure No. 1)
*48. 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)
49. 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.
50. 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.
51. 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.
52. 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.
• Community Development Department • Planning Division •
486
Exhibit "A"
Conditional Use Permit No. 96 -5
Conditions of Approval
Page 9
*53. The business hours of operation in relation to truck dock activity shall be limited from
7 a.m. to 7 p.m. and shall be limited to Monday through Saturday; no Sunday trucking
activities shall be permitted. Late night or early morning deliveries shall be specifically
prohibited. (Mitigation Measure No. 23)
*54. No truck shall be permitted to remain idling in the loading dock area during
loading /unloading of the truck. (Mitigation Measure No. 24)
55. No overnight parking of vehicles shall be permitted, except those used in conjunction
with the permitted use. Delivery trucks may remain parked at the loading dock overnight
for a maximum of three (3) nights if loading /unloading has not been completed at the end
of the permitted loading hours. No loading /unloading of the trucks shall be conducted
between the hours of 7 p.m. and 7 a.m. No loading or unloading of trucks shall be
conducted on Sundays.
56. All loading /unloading shall be performed in the loading area of the site only. The
loading platforms and areas shall be screened, if necessary, from Katella Avenue by
either dense landscaping, fencing, or similar screening material, in accordance with
the provisions of the Cypress Corporate Center Amended Specific Plan. Screening
materials shall be subject to approval by the Design Review Committee.
57. 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.
*58. A number of conservation measures shall be considered in building and site designs to
reduce the demands of the project. Such measures include:
• Trash compactors should be utilized to the maximum extent feasible to allow for
more effective and sanitary trash disposal.
• Business within the proposed development should investigate local
recycling /resource recovery programs. A handbook for developing such
programs is available through the California Waste Management Board.
(Mitigation Measure No. 39)
59. The project shall comply with all mitigation measures (incorporated herein as
conditions of approval) contained in the Mitigated Negative Declaration and set forth
in the Mitigation Monitoring Program for the Cypress Land Three Spec. Buildings
• Community Development Department • Planning Division •
487
Exhibit "A"
Conditional Use Permit No. 96 -5
Conditions of Approval
Page 10
prior to issuance of Certificate of Occupancy, or as otherwise described in the
Mitigation Monitoring Program.
60. 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 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.
61. When tenants are attained for the buildings, the applicant shall submit all pertinent
operational information to the Community Development Department. If the information
is not in compliance with the environmental and /or conditional use permit
thresholds /conditions established at the time of approval, the environmental and /or
conditional use permit issue is to return to the City Council for consideration.
BUILDING CONDITIONS
62. Applicant /developer shall comply with applicable provisions of the 1994 Uniform
Building, Plumbing and Mechanical Codes, 1994 National Electrical Code, California
Code of Regulations, Title 24, and the Code of the City of Cypress.
63. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed.
64. 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.
65. Type 5 cement shall be used for all foundations and slabs on grade, unless otherwise
indicated by the soils engineer.
66. Wheelchair and handicap access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Building Division Standards.
67. 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.
68. 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.
• Community Development Department • Planning Division •
488
Exhibit "A"
Conditional Use Permit No. 96 -5
Conditions of Approval
Page 11
*69. 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.
(Mitigation Measure No. 19)
*70. Any hazardous waste, including oil, gasoline and similar products that are generated
onsite from trucks used for warehouse storage operations shall be transported to an
appropriate disposal facility by a licensed hauler in accordance with the appropriate state
and federal laws. The Building Division shall monitor compliance. (Mitigation Measure
No. 17)
*71. 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. 18)
*72. Prior to issuance of building permits, the project applicant shall submit evidence, to the
satisfaction of the Building Division, that all project land uses will meet applicable
exterior and interior noise standards, including the City's Comprehensive Noise
Ordinance. (Mitigation Measure No. 20)
*73. An acoustical analysis shall be required for development proposed within the High Noise
Impact Zone from the airfield. The analysis should be completed prior to the issuance
of building permits and shall include a description of measures incorporated into the
project design to assure that interior noise standards will be met. (Mitigation Measure
No. 21)
*74. Refer to Mitigation Measures in Section 3.6, which can serve to reduce noise increases
along local roadways through the reduction of daily traffic. (Mitigation Measure No. 22)
*75. Construction activities shall be limited to the hours 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. 25.)
• Community Development Department • Planning Division •
489
Exhibit "A"
Conditional Use Permit No. 96 -5
Conditions of Approval
Page 12
*76. Prior to issuance of building permits, the applicant shall submit for approval of City
Building Division, a Water Quality Management Plan (WQMP) specifically identifying
Best Management Practices (BMPs) that will be used on site to control predictable
pollutant run -off. (Mitigation Measure No. 9)
*77. 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 Division. (Mitigation Measure No. 10)
*78. 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. 11)
*79. All required water system improvements shall be designed and constructed to City and
Southern California Water Company standards. All tentative tract maps, site plans and
other precise plans prepared by a California registered professional civil engineer.
(Mitigation Measure No. 34)
*80. Implementation of water conservation technology shall be implemented as required by
state law:
• Low -flush toilets
• Low -flow faucets
• Insulation of hot -water lines in recirculating systems (Mitigation Measure No. 35)
*81. In addition, the State Department of Water Resources recommends implementation of
several other interior and exterior water conservation measures which vary as to their
applicability and practicality for any one (1) particular development proposal. These
measures shall be investigated extensively as to their feasibility for use in the project.
For those measures found to be feasible, they will be implemented to the maximum
extent possible. These measures include, but are not limited to:
Interior Measures
• Reduce water pressure in supply lines to 50 pounds per square inch (PSI) or less
by means of pressure- reducing valves.
• Insulate all hot -water lines to provide hot water faster with less water waste, and
to keep hot pipes from heating cold pipes.
• Community Development Department • Planning Division •
490
Exhibit "A"
Conditional Use Permit No. 96 -5
Conditions of Approval
Exterior Measures
Page 13
• Utilize drought - tolerant landscaping materials.
• Install efficient irrigation systems which minimize runoff an evaporation and
maximize the amount of water reaching the plant roots. Drip irrigation, soil
moisture sensors and automatic irrigation systems are effective methods of
increasing irrigation efficiency.
• Use mulch extensively in all landscaped areas. Mulch applied on top of soil will
improve soil water - holding capacity by reducing evaporation and soil compaction.
(Mitigation Measure No. 36)
*82. 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 - 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 (winds greater than 25 mph).
(Mitigation Measure No. 12)
*83. 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 Planning and Building Divisions during building plan review.
(Mitigation Measure No. 13)
*84. The project shall comply with thermal regulations for the commercial and industrial
sector, as described in the General Plan. The Engineering and Building Divisions shall
enforce compliance during the development plan review process. (Mitigation Measure
No. 14)
*85. The project applicant is subject to school assessment fees pursuant to California State
law. The applicant shall provide evidence of compliance to the City prior to the issuance
of building permits. (Mitigation Measure No. 31)
*86. A number of conservation measures shall be considered in building and site designs to
reduce the demands of the project. Such measures include:
• All buildings shall be constructed in conformance with Title 24 - Non - Residential
energy conservation standards.
• Community Development Department • Planning Division •
491
Exhibit "A"
Conditional Use Permit No. 96 -5
Conditions of Approval
Page 14
• The developer(s) of the study area should consult with the Southern California
Edison Company regarding current energy conservation techniques. (Mitigation
Measure No. 32)
*87. Conservation measures shall be considered in building and site designs to reduce the
demands of the project. This includes consultation with the Southern California Gas
Company regarding current energy conservation techniques. (Mitigation Measure No. 33)
*88. All buildings shall be constructed to conform with applicable State and City building
codes. (Mitigation Measure No. 29)
FIRE CONDITIONS
89. Prior to issuance of any grading permits, the applicant shall submit to the Fire Chief
evidence of the on -site fire hydrant system and indicate whether it is public or private.
If the system is private, the system shall be reviewed and approved by the Fire Chief
prior to issuance of building permits. Provisions shall be made by the applicant for the
repair and maintenance of the system, in a manner meeting the approval of the Fire
Chief.
90. Prior to the issuance of any building permits for combustible construction, the developer
shall submit and obtain the Fire Chief's approval of a letter and plan stating that water
for fire fighting purposes and an all weather fire access road shall be in place and
operational as required by the Uniform Fire Code before any combustible materials are
placed on the site.
91. Prior to the issuance of any building permits, an Orange County Fire Authority Water
Availability Form shall be submitted to and approved by the Plan Review Section of the
Orange County Fire Authority. If sufficient water to meet fire flow requirements is not
available, an automatic fire extinguishing system shall be installed in each structure.
92. Prior to the issuance of any Certificates of Use and Occupancy, all fire hydrants shall
have a "Blue Reflective Pavement Marker" indicating its location on the street or drive
per the Orange County Fire Authority Standard and approved by the Fire Chief. On
private property, these markers are to be maintained in good condition by the property
owner.
93. 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.
• Community Development Department • Planning Division •
492
Exhibit "A"
Conditional Use Permit No. 96 -5
Conditions of Approval
Page 15
94. Prior to approval of a site development /use permit, or the issuance of a building permit,
whichever occurs first, the applicant shall submit plans for the review and approval of
the Fire Chief. The applicant shall include information on the plans required by the Fire
Chief. Contact the Orange County Fire Authority Plans Review Section at (714) 744-
0403 for the Fire Safety Site /Architectural Notes to be placed on the plans.
95. Prior to the issuance of any building permits, the applicant shall submit a detailed letter
of intended use for each building to the Fire Chief for review and approval.
96. Prior to the issuance of grading permits, the applicant shall submit and obtain approval
from the Fire Chief for street improvement plans with fire lanes shown. The plans shall
indicate the locations of red curbing and signage. A drawing of the proposed signage
with the height, stroke and color of lettering, and the contracting background color shall
be submitted to and approved by the Fire Chief.
97. Prior to the issuance of any use /site permits for site planning, issuance of any grading
permits, or building permits, whichever occurs first, the applicant shall submit to the Fire
Chief a list of the quantities of all hazardous, flammable and combustible materials,
liquids or gases. These liquids and materials are to be classified according to the
"Orange County Fire Authority Chemical Classification Handout". The submittal shall
provide a summary sheet listing each hazard class, the total quantity of chemicals stored
per class and the total quantity of chemicals used in that class. All forms of materials
are to be converted to units of measure in pounds, gallons and cubic feet.
98. Prior to the issuance of any building permits, the applicant shall contact the Orange
County Fire Authority Hazardous Materials Disclosure Office at (714) 744 -0463 to obtain
a "Hazardous Materials Business Information and Chemical Inventory Packet". This
shall be completed and submitted to the Fire Chief before the issuance of any building
permits.
99. Prior to the issuance of the certificate of use and occupancy the approved fire lane
marking plan shall be installed. 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.
*100. The proposed project shall include a water system of sufficient capacity and pressure for
the proposed land uses and fire protection. (Mitigation Measure No. 26)
*101. Sufficient accessibility for fire - fighting equipment shall be provided. The Orange County
Fire Authority shall review precise development proposals to ensure adequate access and
fire protection facilities. (Mitigation Measure No. 27)
• Community Development Department • Planning Division •
493
Exhibit "A"
Conditional Use Permit No. 96 -5
Conditions of Approval
Page 16
*102. 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. 28)
POLICE CONDITIONS
103. A lighting plan for the exterior of the buildings and for all parking lots shall be
submitted to the Cypress Police Department for approval prior to the issuance of
building permits.
104. 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.
*105. 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. 30)
DEVELOPMENT PHASING CONDITIONS
106. Within twelve (12) months following the date on which the conditional use permit
became effective, Cypress Land Company shall obtain a grading permit for the
project.
107. Within eighteen (18) months following the date on which the conditional use permit
became effective, Cypress Land Company shall have diligently commenced grading
and obtain a building permit for the project.
108. Within twenty -four (24) months following the date on which the conditional use
permit became effective, Cypress Land Company shall have diligently commenced
construction toward completion of the site and satisfaction of all the conditions of
approval.
Revised 5/29/96
• Community Development Department • Planning Division •