Resolution No. 6640252
RESOLUTION NO. 6640
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 3091
SUBJECT TO CONDITIONS
WHEREAS, an application was filed for a conditional use permit in accordance with
the provisions of Section 4.19.070.1 of the Zoning Ordinance of the City of Cypress to
construct a self - storage facility on the property located at 9141 Valley View Street, within
the CG Commercial General Zone; and
WHEREAS, the City Council, after proper notice thereof, duly held a public hearing
on said application as provided by law; and
WHEREAS, based upon substantial evidence presented at such public hearing
considered as a whole, both oral and written, including the staff report presented in
connection therewith, the City Council adopts the following resolution.
NOW, THEREFORE, the City Council of the City of Cypress does hereby FIND,
DETERMINE, and RESOLVE as follows:
1. The proposed location of the conditional use is in accord with the objectives
of the Zoning Ordinance and the purpose of the CG Commercial General Zone in which
the site is located, which is:
"Intended for areas appropriate to serve the daily shopping needs
of the community, including larger, community -scale shopping centers,
and regional malls, which may be anchored by several department stores
or other large -scale retail outlets, entertainment uses, hotels, and
restaurants. The CG zoning district is consistent with the general and
neighborhood commercial land use designation of the general plan;"
2. That in accordance with the Cypress Zoning Ordinance, the Design
Review Committee reviewed and approved this project on July 13, 2017.
3. The proposed location of the conditional use and the conditions under which
it would be operated or maintained will not be detrimental to the public health, safety or
welfare, or be materially injurious to properties or improvements in the vicinity in that:
(a) The proposed location of the conditional use and the conditions under
which it would be operated or maintained would not be detrimental to the public health,
safety, or general welfare, nor would be materially injurious to properties or improvements
in the vicinity.
(b) The proposed conditional use would comply with all applicable
provisions of the Cypress Zoning Ordinance.
(c) There is sufficient infrastructure and public services to accommodate
the proposed self- storage facility within the project vicinity.
(d) The proposed design of the self- storage facility will be compatible
with the surrounding developments.
(e) In accordance with the California Environmental Quality Act (CEQA)
Guidelines, a Mitigated Negative Declaration has been prepared for the project. It has
been determined that with mitigation, no significant impact to the environment would occur
from the proposed project.
(f) This resolution shall not be in force or effect unless the General Plan
Amendment No. 3103 is approved by the City Council.
253
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 28th day of August, 2017.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
MAYOR OF THE CITY OF CYPRESS
I, DENISE BASHAM, 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 28th day of August, 2017, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Berry, Johnson, Peat, and Morales
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Yarc
fOut,ot OL-4)-(tv)
CITY CLERK OF THE CITY OF CYPRESS
254
EXHIBIT "A"
Conditional Use Permit No. 3091
9141 Valley View Street
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
1. General Conditions
1.1. Unless and until the project applicant and property owner sign and
affidavit accepting these conditions of approval, there shall be
application. The project applicant and property owner shall have 15
the signed affidavit to the Community Development Department.
render City Council action on the application void. (Planning)
return a City- provided
no entitlement of the
calendar days to return
Failure to do so will
1.2. The applicant shall defend, indemnify, and hold harmless, the City and any agency thereof,
or any of its agents, officers, and employees from any and all claims, actions, or
proceedings against the City or any agency thereof, or any of its agents, officers or
employees, to attack, set aside, void or annul, an approval of the City, or any agency
thereof, advisory agency, appeal board, or legislative body, including actions approved by
the voters of the City, concerning the project, which action is brought within the time
period provided in Government Code Section 66499.37 and Public Resources Code,
Division 13, CH. 4 (§ 21000 et seq. - including but not by way of limitation § 21152 and
21167). City shall promptly notify the applicant of any claim, action, or proceeding
brought within this time period. (City Attorney)
1.3. The applicant'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 30 day cancellation notice to the City of Cypress. (City
Attorney)
1.4. The applicant shall comply with all provisions of the Code of the City of Cypress.
(Planning)
1.5. All requirements of the Orange County Fire Authority (OCFA) and Cypress Building and
Safety Division shall be satisfied prior to commencement of the business operation.
(Planning)
1.6. All requirements of the Orange County Fire Authority (OCFA) shall be complied with prior
to a certificate of occupancy being issued. (Planning)
• Community Development Department • Planning Division •
255
Exhibit "A"
Conditional Use Permit No. 3091
Conditions of Approval
Page 2
1.7. The applicant shall obtain a Cypress business license prior to commencement of the
business operation. (Finance)
1.8. All applicable conditions of the project shall be complied with prior to issuance of the
certificate of occupancy for the building. (Planning)
1.9. Any and all correction notice(s) generated through the plan check and /or inspection
process is /are hereby incorporated by reference as conditions of approval and shall be
fully complied with by the owner, applicant and all agents thereof. (Planning)
2. Planning
2.1. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department. (Planning)
2.2. Any expansion or modification of the approved use beyond what is approved as part of this
Conditional Use Permit will require an amendment to the conditional use permit.
(Planning)
2.3. All business activity shall occur within the building. Temporary use permits may be
granted for outdoor activity in accordance with Section 19, of the Cypress Zoning
Ordinance. (Planning)
2.4. This conditional use permit may be modified or revoked by the City Council should the
Council determine that the proposed use or conditions under which it is being operated or
maintained is detrimental to the public health, safety, or welfare, or materially injurious to
properties or improvements in the vicinity. (Planning)
2.5. The project shall comply with all mitigation measures referenced in the Simply Self -
Storage Initial Study/Environmental Checklist prior to issuance of certificate of occupancy.
(Planning)
2.6. At least two weeks prior to the issuance of the certificate of occupancy, the applicant shall
meet with the project planner and members of the Building and Engineering Divisions to
ensure that all applicable conditions of approval have been satisfied. (Planning)
2.7. In the event that subsurface historical, archeological or paleontological resources are
encountered during the course of grading and/or excavation, all construction activities shall
temporarily cease until the City's Planning Division is contacted and agrees upon a
qualified archaeologist/paleontologist to be brought onto the project site to properly assess
the resources and make recommendations for their proper handling/disposition. (Mitigation
Measure CR -1)
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Exhibit "A"
Conditional Use Permit No. 3091
Conditions of Approval
Page 3
2.8. In the event that human remains are discovered, there shall be no disposition of such human
remains, other than in accordance with the procedures and requirements set forth in
California Health and Safety Code Section 7050.5 and Public Resources Code Sections
5097.98 and 5097.9. These code provisions require notification of the County Coroner and
the Native American Heritage Commission, who in turn must notify those persons believed
to be most likely descended from the deceased Native American for appropriate disposition
of the remains. (Mitigation Measure CR -2)
3. Architectural
3.1. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits. (Planning)
3.2. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted. The final exterior color scheme and materials shall be submitted to City staff for
review and approval at least 30 days prior to installation. (Planning)
3.3. The metal panels on the front building elevation shall contain a matte or similar non -
glare finish to eliminate reflection or glare on the surrounding street traffic.
(Planning)
3.4. On -site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic. Lighting may be allowed to project onto
adjacent properties subject to approval of the property owners. (Planning)
3.5. 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. Screening material shall
match the primary building material and will be subject to approval by City staff. A stucco
finish shall be provided on all rooftop equipment screens and projections visible from
adjacent streets and properties. 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. (Planning)
3.6. The transformer boxes and water valves shall be placed in locations acceptable to the
Director of Community Development and shall be adequately screened from view with
plant materials. (Planning)
3.7. During construction, the developer shall provide an adequate number of trash bins at a
location acceptable to City staff. Construction bins must be maintained onsite. Bin rental
shall be contracted through the City's disposal services contractor. (Planning)
4. Signage
4.1. A sign program for building and freestanding signs shall be submitted for Community
Development Department approval at least 60 days prior to the installation of any signs.
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Exhibit "A"
Conditional Use Permit No. 3091
Conditions of Approval
Page 4
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. (Planning)
4.2. Changeable copy or lettering on the freestanding sign face is prohibited. (Planning)
4.3. The installation and method of sign illumination shall be reviewed and approved by the
Planning Division and the Building and Safety Division. The business owner shall take the
appropriate measures to ensure that the illumination of the sign shall not create glare for
vehicular traffic. All electrical conduits, timer devices, and other electrical equipment shall
be buried underground or concealed within the sign. (Planning)
5. Landscaping
5.1. A detailed landscape and automatic irrigation plan shall be submitted to the Cypress
Planning Division for review and approval at least 60 days prior to issuance of a certificate
of occupancy. In addition, a bond shall be posted with Public Works to guarantee against
defects in plant materials and workmanship for a period of one year from acceptance of the
landscape installation. All required landscaping shall be permanently maintained in a neat
and orderly condition. (Planning)
5.2. Screen trees shall be provided along the Valley View Street frontage to the satisfaction of
the City. The tree variety shall be approved by the City prior to planting. (Planning)
5.3. All qualifying landscape projects in the City shall comply with the City's water efficiency
ordinance as well as the water efficient requirements of the Cypress Zoning Code and the
City's Drought Response Management Plan. All irrigation shall be provided by a drip or
microspray system. (Planning)
5.4. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a
variety approved by the Director of Community Development. (Planning)
5.5. A redwood landscape retainer, a minimum of two inches by six inches in size, shall be
installed along all property lines where necessary to retain the landscape planters until
adjoining properties are developed. (Planning)
5.6. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas. (Planning)
5.7. The landmark tree located on the site shall be replaced with a minimum 36" or larger size
box tree per the City's Landmark Tree Ordinance. A Landmark Tree removal permit shall
be submitted to the City at least 30 days prior to removal of the tree.
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Exhibit "A"
Conditional Use Permit No. 3091
Conditions of Approval
6. Operational
Page 5
6.1. The use of mechanical devices associated with the cleaning and maintenance of real
property shall be conducted in accordance with the Cypress Zoning Code. (Planning)
6.2. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited. (Planning)
6.3. Outside public address speakers, telephone bells, buzzers, and similar devices which are
audible on adjoining properties are hereby prohibited. (Planning)
6.4. The City Council shall maintain the right to review the business hours of operation and
may, subject to a public hearing, limit the hours should substantiated complaints be
received that the business hours are creating an adverse impact upon neighboring
properties. (Planning)
6.5. The parking lot shall be used solely for vehicular loading, unloading, and parking, unless
otherwise approved in writing by the Director of Community Development. (Planning)
7. Property Maintenance
7.1. 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 graffiti which threatens the appearance. (Planning)
7.2. 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. (Planning)
7.3. 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. (Planning)
7.4. Exterior building elevations shall be maintained such that the buildings are free of broken,
missing or significantly cracked surface finished materials. (Planning)
7.5. The property owner shall maintain the site, the publically accessible interior, and publically
viewable exterior of the building(s) clear of all graffiti, including but not limited to
bathrooms and dining areas if applicable. All graffiti shall be removed within 24 to 48
hours once notified in writing by the City. (Planning)
7.6. Developer shall apply an anti - graffiti material of a type and nature that is acceptable to the
public works director /city engineer to each of the publicly - viewable surfaces on the
improvements to be constructed on the site deemed by the public works director /city
engineer to be likely to attract graffiti ( "graffiti attracting surfaces ") (Planning)
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Exhibit "A"
Conditional Use Permit No. 3091
Conditions of Approval
Page 6
7.7 Developer shall grant the right of entry over and access to the property, upon 48 hours
posting of notice, by authorized city employees or agents, to the city for the purpose of
removing or "painting over" graffiti from graffiti attracting surfaces previously designated
by the public works director /city engineer, and the right to remove such graffiti. (Planning)
7.8 Prior to issuance of the Certificate of Occupancy for the building the developer shall
provide the city with sufficient matching paint and/or anti - graffiti material on demand for
use in the painting over or removal of designated graffiti attracting surfaces. (Planning)
8. Fees
8.1. The applicant shall pay the following fees per Resolution No. 6182, as noted below.
(Engineering)
Drainage Fee for Master Drainage Plan (Prior to issuance of Building Permit)
- City -wide Traffic Improvement (Prior to issuance of Building Permit)
- Regional Traffic Improvement (Prior to issuance of Building Permit)
Sanitary Sewer Connection (Prior to issuance of Building Permit)
- Grading / On -Site (Non - Structural) Plan Check (Prior to submittal of Grading Plans)
Grading Permit and Inspection (Prior to Permit issuance)
- Building Plan Check (Prior to submittal of Plans)
Building Permit and Inspection (Prior to Permit issuance)
Public Improvement Plan Check (Prior to submittal of Plans)
Public Improvement Permit and Inspection (Prior to Permit issuance)
8.2. Within 48 hours of the approval of the project, the applicant/developer shall deliver to the
Community Development Department the required Fish and Game impact fee in the form
of a check payable to the County Clerk- Recorder in the amount of $2,101.50 (this fee
already includes a $50.00 County administrative fee), to enable the City to file the Notice
of Determination pursuant to Fish and Game Code §711.4 and California Code of
Regulations, Title 14, section 753.5. If within such 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. (Planning)
9. Engineering
9.1. That all engineering requirements of the City of Cypress, including preparation of
improvement plans and installation of all improvements such as curbs and gutters,
sidewalks, street grading and pavement, sewer and drainage facilities, or other appurtenant
work shall be complied with as required by the City Engineer and in accordance with
specifications on file in the Office of the City Engineer, as may be modified by the City
Engineer; and, that security in the form of a bond, certificate of deposit, letter of credit,
completion guarantee, or cash, in an amount and form satisfactory to the City of Cypress,
shall be posted with the City to guarantee the satisfactory completion of said improvements.
Said security shall be posted with the City prior to the issuance of a building permit or final
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 3091
Conditions of Approval
Page 7
map approval, whichever occurs first, to guarantee the installation of the related
improvements prior to final building and zoning inspections in accordance with an
approved construction phasing plan. These requirements may be modified by a
Development Agreement between the City of Cypress and the applicant with respect to
improvements to be implemented by the applicant. In the event the developer's contractor
and/or subcontractor fails to diligently prosecute the work within the public right -of -way,
the City reserves the right, in its reasonable discretion, to issue a stop work notice and to
provide a substitute contractor and/or subcontractor to complete said work at the sole cost
and expense of developer. (Engineering)
9.2. Prior to issuance of grading permit, the applicant shall submit all public improvement plans
and grading plans per the Public Works Standard Plans and specified design criteria. All
plans shall be in ink on 24 inch by 36 inch Mylar with City title block on all sheets.
(Engineering)
9.3. Prior to issuance of grading permit, the applicant shall not grant any easements over any
property subject to a requirement of dedication or irrevocable offer to the City of Cypress,
unless such easements are expressly made subordinate to the easements to be offered for
dedication to the City. Prior to granting any of said easements, the subdivider shall furnish a
copy of the proposed easement to the City Engineer for review and approval. Further, a
copy of the approved easement shall be furnished to the City Planner, prior to issuance of
grading permit. (Engineering)
9.4. Prior to any street construction or relocation, when there are monuments in the project area
which control the location of subdivisions, streets or highways, or provide survey control,
the developer shall locate and reference the monuments and shall reset them after
construction as required by Section 8771 of the Business and Professions Code, in a
manner meeting the approval of the City Engineer. (Engineering)
9.5. The applicant shall notify the Director of Community Development in writing if any
changes to the site plan are proposed during the plan check process. Permits shall not be
issued until the Director of Community Development has reviewed and approved the
proposed changes for conformance with the intent of the City Council's action and the
conditions herein. If the proposed changes are of a substantial nature, an amendment to the
original entitlement may be required. (Engineering, Planning)
10. Landscaping within the Public Right -of -Way N/A
11. Sewer and Wastewater
11.1. The developer shall examine the existing lateral and provide proof that the capacity of
the lateral is sufficient for intended use. If the existing lateral is not useable or does not
have sufficient capacity, the developer shall construct a new public sewer lateral with a
publicly owned cleanout /manhole in the public right -of -way at a location approved by
the City Engineer. (Engineering)
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Exhibit "A"
Conditional Use Permit No. 3091
Conditions of Approval
Page 8
11.2. Prior to issuance of a grading permit, the applicant shall submit a sewer plan signed and
stamped by a registered civil engineer, detailing all the proposed public and/or private
sewer lines meeting the requirements of the City Design Standards for Sewer Facilities.
(Engineering)
11.3. All sewer lines within the development shall be private sewer lines and shall be maintained
and cleaned by the developer, or successor in interest. The City of Cypress shall have no
responsibility for maintenance of the private sewer lines. (Engineering)
12. Street Trees N/A
13. Street Lighting N/A
14. Streets
14.1. Prior to issuance of a certificate of occupancy, the applicant shall replace any deficient
sidewalk or driveway approaches or cause to fix any other frontage improvement located in
the public right -of -way that do not meet the requirements of the Americans with
Disabilities Act (ADA) and State of California Title 24. The applicant shall submit a plan
for any improvement, in consultation with or as required by the City Engineer, and obtain a
Public Works permit prior to any work within the public right -of -way. The applicant shall
grant an easement to the City for pedestrian purposes for any improvement such as
driveway approaches for compliance with ADA requirements. (Engineering)
14.2. Prior to issuance of a certificate of occupancy, the applicant shall remove and replace any
existing public improvements at the development site which have existing damage, are
damaged due to construction, or otherwise below current standards, to the satisfaction of
the City Engineer. (Engineering)
14.3. Prior to certificate of occupancy, the applicant shall dedicate and fully improve with curb,
gutter, sidewalk, drive closure, drive approach, paving, etc., the frontage along Valley View
Street, per the City Engineer in accordance with the City's Code requirement for streets.
(Engineering)
15. Subdivisions N/A
16. Traffic
16.1. The access driveway to the development shall be designed such as there is minimal
impact on the vehicle's tire upon ingress and egress from the driveway, as approved by
the Director of Community Development. (Engineering)
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Exhibit "A"
Conditional Use Permit No. 3091
Conditions of Approval
Page 9
16.2. The quantity, location, width, entry radius, and type of public driveways shall be subject
to the approval of the City Traffic Engineer. Prior to construction of any driveway
approach upon public street right -of -way, the applicant shall obtain a public works
permit. (Engineering)
16.3. Prior to the issuance of any grading permits, the applicant shall provide adequate sight
distance per Engineering Standard Plan 204 and 205 at all street intersections,
driveways, and parkways, in a manner meeting the approval of the City Engineer. The
applicant shall make all necessary revisions to the plan to meet the sight distance
requirement such as removing slopes or other encroachments from the limited use area
in a manner meeting the approval of the City Engineer and City Planner. (Engineering)
16.4. Left turns shall be prohibited out of the northerly project driveway. "No Left
Turn" signs shall be posted at both driveways. (Engineering)
17. Utilities
17.1. Prior to issuance of a certificate of occupancy, the applicant shall install all new and
existing utility services underground. All underground utilities, including but not limited
to water, gas, electrical, and telecommunication, shall have all meters, valves, pull -
boxes, and other associated equipment, located within the property limits and outside of
the public right -of -way. (Engineering)
17.2. Attention is directed that trenching and backfill in streets shall be per City of Cypress
Standard Plan No. 109. Arterials shall be crossed by boring only. In public streets,
lateral open cuts spaced within 20 feet of each other shall be covered with a one inch
continuous asphalt concrete cap. (Engineering)
18. Drainage
18.1. Prior to issuance of a grading permit, at the direction of the City Engineer, the applicant
shall submit a grading plan for approval, in ink, on Mylar, signed and stamped by a
registered California civil engineer and using actual grades from an Orange County
Surveyor's Benchmark on a form acceptable to the City Engineer. (Engineering)
The applicant shall ensure the following requirements are met:
Drainage is solved to the satisfaction of the City Engineer.
The Grading Plan is consistent with the Water Quality Management Plan, Site
Plan and any Improvement Plan for proposed public storm drains.
Submittal of a Preliminary Grading Plan if deemed necessary by the City
Engineer.
The topography of the area surrounding this development shall be made to
establish existing drainage flow patterns.
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Exhibit "A"
Conditional Use Permit No. 3091
Conditions of Approval
Page 10
The minimum slope standards are met for 1% for landscape areas, AC parking
areas 1.5 %, Concrete .2 %.
All surface runoff and subsurface drainage directed to the nearest acceptable
drainage facility, as determined by the City Engineer.
Drainage facilities discharging onto adjacent property shall be designed to imitate
the manner in which runoff is currently produced from the site or alternatively,
the applicant may obtain a drainage acceptance and maintenance agreement,
suitable for recordation, from the owner of said adjacent property.
All drainage facilities must be consistent with the County of Orange Grading
Ordinance as supplemented by the Engineering Division and Local Drainage
Manual.
Submittal of a drainage study, when determined necessary by the City Engineer,
evidencing that proposed drainage patterns will not overload existing storm
drains.
Submittal of drainage studies, when determined necessary by the City Engineer,
indicating how the project grading, in conjunction with the drainage conveyance
systems including applicable swales, channels, street flows, catch basins, storm
drains, and flood water retarding, will allow building pads to be safe from
inundation from rainfall runoff which may be expected from all storms up to and
including the theoretical 100 -year flood.
18.2. Prior to the issuance of any grading permit, and if determined necessary by the City
Engineer, the applicant shall record a letter of consent from the affected property owners
permitting offsite grading, cross lot drainage, drainage diversions and/or unnatural
concentrations. The applicant shall obtain approval of the form of the letter of consent from
the City Engineer before recordation of the letter. (Engineering)
18.3. Prior to the approval of final inspection, the applicant shall construct all required drainage
improvements, or provide evidence of financial security (such as bonding), in a manner
meeting the approval of the City Engineer, and inspection and dedication of the associated
easements to the City of Cypress, if determined necessary. If a bond is provided, the
applicant shall construct all drainage improvements prior to certificate of occupancy.
(Engineering)
19. Storm Water Quality — National Pollutant Discharge Elimination System
19.1. Prior to the issuance of building permits, the applicant shall submit a certified copy of
the approved Final Water Quality Management Plan along with the final approved
Grading Plan and all other supporting documentation on a Compact Disc in digital file
format acceptable to the City Engineer. (Engineering, Water Quality)
19.2. For projects greater than one acre, prior to the issuance of any grading or building
permits, the applicant shall demonstrate compliance with California's General Permit for
Storm Water Discharges Associated with Construction Activity by providing a copy of
the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a
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Exhibit "A"
Conditional Use Permit No. 3091
Conditions of Approval
Page 11
copy of the subsequent notification of the issuance of a Waste Discharge Identification
(WDID) Number; or other proof of filing in a manner meeting the satisfaction of the
City Engineer. Projects subject to this requirement shall prepare and implement a Storm
Water Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept
at the project site and be available for City review on request. The applicant shall ensure
that the SWPPP is consistent with any City approved plan including the grading plan,
site plan, building plans, and water quality management plan. (Engineering, Water
Quality)
19.3. The applicant is directed to Chapter 13 Health and Sanitation, Article IV Cypress Water
Quality, Section 13 -23 (a) (9) regarding required submittal for a Water Quality
Management Plan (WQMP) to control urban runoff. This project has been classified as a
priority project under section XII New Development (Including Significant
Redevelopment) Order No. R8- 2009 -0030 of the Waste Discharge Requirements of the
California Regional Water Quality Control Board, Santa Ana Region for the cities within
County of Orange (NPDES Permit) available at
http:// www. ocwatershed .com/Documents /R84thterm.pdf. Said WQMP shall include
best management practices for source control, pollution prevention, site design, and low
impact development as well as structural treatment controls among many factors. Site
design for controlling urban runoff must first evaluate infiltration, then harvest and water
re -use, then evapotranspiration and only bio- treatment if the other three are not feasible.
Submittal and subsequent approval of the Preliminary Water Quality Management Plan
does not guarantee approval of the Final Water Quality Management Plan. Should the
final calculations and submittals not meet the required thresholds necessary to meet the
obligations of the City under the NPDES Permit for development and its incorporated
documents such as the Drainage Area Management Plan and Technical Guidance
Document, alterations to the site and the site plan may be required as prescribed by the
Director of Community Development to the WQMP. The aforementioned documents are
available for download at http:// www.ocwatersheds.com/WQMP.aspx. Any significant
alteration to the site plan due to the Final WQMP may then require approval of the
Council of the revised site plan. Additionally, as required under the NPDES Permit,
attention is directed that the WQMP must identify a responsible party and implement
funding sources for maintaining any treatment controls as required as part of the
development and must ensure that appropriate easements and ownerships are properly
recorded in public records and access is made available for inspection of said devices.
(Engineering, Water Quality)
19.4. Prior to issuance of certificate of occupancy, the applicant shall clean all on site storm
drain systems, catch basins, filters, storm drain lines, inlet boxes, etc. Additionally, upon
direction of the City Engineer, the applicant shall clean any public storm drain systems,
catch basins, filters, lines, inlet boxes that the City Engineer has determined have been
impacted by the applicant's construction. If clean -up is not performed, the City may
make arrangements to clean the system at developer's expense. (Engineering, Water
Quality)
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Exhibit "A"
Conditional Use Permit No. 3091
Conditions of Approval
Page 12
19.5. Prior to the issuance of any grading or building permits, the applicant shall submit for
review and approval by the City Engineer, a Water Quality Management Plan (WQMP)
specifically identifying Best Management Practices (BMPs) that will be used onsite to
control predictable pollutant runoff. The applicant's WQMP shall be in conformance
with the Orange County Drainage Area Management Plan (DAMP), Model WQMP, and
Technical Guidance Manual for reference, and the City's WQMP template for submittal.
This WQMP shall include the following:
Detailed site and project description
Potential stormwater pollutants
Post - development drainage characteristics
Low Impact Development (LID) BMP selection and analysis
Structural and Non - Structural source control BMPs
Site design and drainage plan (BMP Exhibit)
GIS coordinates for all LID and Treatment Control BMPs
Operation and Maintenance (O &M) Plan that (1) describes the long -term operation
and maintenance requirements for BMPs identified in the BMP Exhibit; (2) identifies
the entity that will be responsible for long -term operation and maintenance of the
referenced BMPs; and (3) describes the mechanism for funding the long -term
operation and maintenance of the referenced BMPs.
The BMP Exhibit from the approved WQMP shall be included as a sheet in all plan sets
submitted for plan check and all BMPs shall be depicted on these plans. Grading and
building plans must be consistent with the approved BMP exhibit. (Engineering, Water
Quality)
19.6. Prior to the issuance of a certificate of occupancy, the applicant shall demonstrate
compliance with the City's NPDES Implementation Program in a manner meeting the
satisfaction of the City Engineer and Water Quality Manager, including:
Demonstrate that all structural Best Management Practices (BMPs) described
in the BMP Exhibit from the project's approved WQMP have been
implemented, constructed and installed in conformance with approved plans
and specifications
Demonstrate that the applicant has complied with all non - structural BMPs
described in the project's WQMP
Submit for review and approval an Operations and Maintenance (O &M) Plan
for all structural BMPs (the O &M Plan shall become an attachment to the
WQMP)
Demonstrate that copies of the project's approved WQMP (with attached O &M
Plan) are available for each of the initial occupants
Agree to pay for an inspection (special investigation) from the City for a date
12 months after the issuance of a certificate of occupancy for the project to
verify compliance with the approved WQMP and O &M Plan
Demonstrate that the applicant has RECORDED one of the following:
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Exhibit "A"
Conditional Use Permit No. 3091
Conditions of Approval
•
•
Page 13
The CC &R's (that must include the approved WQMP and O &M
Plan) for the project's Home Owner's Association;
A water quality implementation agreement that has the approved
WQMP and O &M Plan attached; or
The final approved Water Quality Management Plan (WQMP) and
Operations and Maintenance (O &M) Plan. (Engineering, Water
Quality)
19.7. Prior to the issuance of any grading or building permit, the applicant shall submit an
Erosion and Sediment Control Plan (ESCP) in a manner meeting approval of the City
Engineer and the Building Official, to demonstrate compliance with the City's NPDES
Implementation Program and State water quality regulations for grading and
construction activities. The ESCP shall identify how all construction materials, wastes,
grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc.
shall be properly covered, stored, and secured to prevent transport into local drainage
ways or coastal waters by wind, rain, tracking, tidal erosion or dispersion. The ESCP
shall also describe how the applicant will ensure that all BMPs will be maintained during
construction of any future public right -of -ways. The ESCP shall be updated as needed to
address the changing circumstances of the project site. A copy of the current ESCP shall
be kept at the project site and be available for City review on request by either the
Building or Engineering Division. The ESCP will be inspected by the Building Division.
(Engineering, Water Quality)
19.8. The applicant shall be subject to all requirements of Section 13 -29 of the Cypress
Municipal Code regarding stormwater pollution prevention including, but not limited to,
obtaining a commercial /industrial stormwater discharge permit, prior to the issuance of a
final certificate of occupancy. (Engineering, Water Quality)
19.9. The applicant shall place sufficient trash receptacles outside to collect trash generated by
its patrons. No less than one receptacle shall be provided. These shall be properly
maintained and not allowed to overflow. (Engineering, Water Quality)
19.10. The applicant shall construct a trash enclosure structure to include a solid covered roof
that prohibits stormwater from entering and then discharging from the enclosure. The
applicant shall obtain all required permits from the Building Department for construction
and also obtain final inspection to ensure it meets the above mentioned criteria prior to
the issuance of a final certificate of occupancy. (Engineering, Water Quality)
20. Building and Safety
20.1. Applicant/developer shall obtain the required permits and comply with applicable
provisions of the 2016 California Residential, Building, Plumbing, Electrical, and
Mechanical Codes, the 2016 California Green Building Standards Code, Title 24, and the
City of Cypress Codes. (Building & Safety)
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267
Exhibit "A"
Conditional Use Permit No. 3091
Conditions of Approval
Page 14
20.2. Grading, demolition, and exterior building construction activities shall be limited to the
hours of between 7:00 a.m. and 8:00 p.m. Monday through Friday, between 9:00 a.m. and
8:00 p.m. on Saturday, if the City's noise standards are exceeded. Interior building
construction and tenant improvements shall be limited to the hours between 7:00 a.m. and
8:00 p.m. Monday through Saturday, only if the City's noise standards are exceeded. If
complaints are received regarding noise from grading or demolition, further restrictions
may be imposed on the start time of construction by the Director of Community
Development, up to a 9:00 a.m. start time. No construction activity shall be allowed on
Sundays or federal holidays. In addition, construction equipment shall be equipped with
effective muffling devices. Compliance with this measure is subject to field inspection by
City staff. (Building & Safety)
20.3. An automatic fire sprinkler system, approved by the Orange County Fire Authority, shall be
required. (Building & Safety)
20.4. 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. (Building & Safety)
20.5. Type 5 cement shall be used for all foundations and slabs on grade. (Building & Safety)
20.6. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. thick
moisture barrier. (Building & Safety)
20.7. A stamped soil investigation report shall be submitted with the plans for plan check.
Report shall include soil bearing capacity, seismic study, in compliance with the Seismic
Hazard Mapping Act of the State of California, grading, paving, sulfate test, and other
pertinent information under good engineering practice. (Building & Safety)
20.8. All structures shall be designed, as confirmed during the building design plan checking, to
withstand anticipated ground shaking caused by future earthquakes within an acceptable
level of risk (i.e., high -risk zone) as designated by the City's latest adopted edition of the
California Uniform Building Code. (Mitigation Measure GEO -1)
20.9. Prior to the issuance of grading permit, a site - specific geologic and soils report shall be
prepared by a registered geologist or soils engineer and submitted to the City's Building
Department for approval. The report shall specify design parameters necessary to remediate
any soils and geologic hazards. (Mitigation Measure GEO -1)
20.10. Prior to final certificate of occupancy, as required by California State Health and Safety
Code Section 19850, the applicant shall provide copies of the stamped approved plans and
any revisions on CD in PDF format to the City of Cypress Building Division to serve as the
official file copy of the approved building plans. (Building & Safety)
20.11.Building plans shall be stamped by a licensed engineer. (Building & Safety)
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Exhibit "A"
Conditional Use Permit No. 3091
Conditions of Approval
Page 15
20.12.A pre - grading SWPPP's inspection is required prior to grading permit issuance. All
required grading stormwater BMPs shall be installed and inspected by the building
division prior to release of the grading permit. (Building & Safety)
20.13.Prior to the issuance of a building permit, a security deposit of 3% of the valuation of the
project, with a minimum of $1,000 and maximum of $10,000, shall be provided to the
City to guarantee completion of the required construction and demolition waste
management plan and reporting. The security deposit shall be held by the City until a
final waste diversion report has been completed and approved. Failure to comply with
the diversion requirements set forth in the California Building and Cypress Municipal
Codes will result in forfeiture of the security deposit. Additional penalties and /or legal
action may be taken in the event of improper disposal of construction and demolition
waste or violation of the City's construction and demolition Ordinance. (Building &
Safety)
21. Security
21.1. The property address shall be clearly identified on both sides of the freestanding sign
base. A minimum of six inch lettering shall be used for the property address. The
property address shall also be posted in a visible location on the building. (Police
Department.)
21.2. The address numbers shall be illuminated during the hours of darkness so they are easily
visible from the street. (Police Department)
21.3. All exterior commercial doors, during the hours of darkness, shall be illuminated with a
minimum of one footcandle of light. All exterior bulbs shall be protected by weather
and vandalism resistant cover(s). (Police Department)
21.4. Open parking lots, and access thereto, providing more than ten parking spaces and for
use by the general public, shall be provided with a maintained minimum of one
footcandle of light on the parking surface from dusk until the termination of business
every operating day. (Police Department)
21.5. The landscaping and lighting plans for the project shall be subject to review by the
Cypress Police Department. (Police Department)
21.6. The windows of the premises, specifically the front office area, shall not be tinted or
covered in a way which obstructs a clear view of the interior of the premises from the
exterior. (Police Department)
21.7. The front, rear, and sides of the exterior of the premises, as well as all adjacent parking
lots under the control of the licensee, shall be illuminated at all times while the premises
are open for business in such a fashion that persons standing outdoors at night are readily
identifiable by law enforcement personnel. (Police Department)
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Exhibit "A"
Conditional Use Permit No. 3091
Conditions of Approval
Page 16
21.8. Graffiti shall be removed from the exterior walls and windows of the premises within 48
hours of discovery. (Police Department)
21.9. The owner shall install and maintain a closed circuit television system capable of readily
identifying facial features and stature of all patrons entering the establishment during
hours of operation and monitoring the rear of the premises. The camera system shall
keep a minimum 30 day library of events, which shall be available for downloading and
inspection by the Cypress Police Department. (Police Department)
21.10. The business shall post "No Loitering" signage on the front of the building. (Police
Department)
21.11. The front driveway area/parking area shall not be obscured with any signage or shrubs
that would prevent visibility into the office area and front entrance. (Police Department)
22. Antennas N/A
23. Alcohol — On Sale N/A
24. Alcohol — Off Sale N/A
25. Fire
25.1. The applicant or responsible party shall submit the plan(s) listed below to the Orange
County Fire Authority for review. Approval shall be obtained on each plan prior to the
event specified.
Prior to issuance of a building permit if a grading permit is not required:
• Fire master plan (service code PR145) The proposed fire master plan has been
reviewed with the applicant. Due to access deficiency, an `Alternate Methods &
Materials' will be submitted. The proposed construction of the rear wall of the
building will be constructed of a CMU wall with `no openings'. This will be
accepted as an alternate means to the access deficiency. OCFA will be satisfied
with this means of protection.
Prior to issuance of a building permit:
• underground piping for private hydrants and fire sprinkler systems (service codes
PR470- PR475)
• fire sprinkler system (service codes PR400- PR465)
Prior to concealing interior construction:
• sprinkler monitoring system (service codes PR500)
• fire alarm system (service codes PR500- PR520)
• fire alarm system (service codes PR500- PR520), if modified, provided voluntarily,
or required by code. This will be determined at plan review.
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Exhibit "A"
Conditional Use Permit No. 3091
Conditions of Approval
Effective: 8 -28 -2017
SECTIONS
1. General
2. Planning
3. Architectural
4. Signage
5. Landscaping
6. Operational
7. Property Maintenance
8. Fees
9. Engineering
10. Landscaping in the Public Right -of -Way
11. Sewer and Wastewater
12. Street Trees
13. Street Lighting
14. Streets
15. Subdivisions
16. Traffic
17. Utilities
18. Drainage
19. Storm Water Quality
20. Building & Safety
21. Security
22. Antennas
23. Alcohol — On Sale
24. Alcohol — Off Sale
25. Fire
Page 17
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