Resolution No. 6697061
RESOLUTION NO. 6697
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE PERMIT NO. 3129 WITH CONDITIONS
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS
1 That an application was filed for a Design Review Committee Permit in
accordance with the provisions of Section 4.19.060.D of the Zoning Ordinance of the City of
Cypress to allow the construction of two commercial buildings located at 6072-6076 Lincoln
Avenue, within the PC Planned Community Zone (Lincoln Avenue Specific Plan area).
2 That in accordance with Section 4.19.060.E of the Cypress Zoning Ordinance,
the Design Review Committee reviewed this project on June 7 2018
3 That in accordance with Section 4 19.060.E.2 of the Cypress Zoning
Ordinance, the decision of the Design Review Committee on this project was reported to the
City Council on July 9, 2018, during a public meeting of the City Council.
4 That in accordance with Section 4.19.060.F of the Cypress Zoning Ordinance,
the effective date of the Design Review Committee's decision to approve this project shall
be the date of acceptance by the City Council, and upon receipt by the Community
Development Department of an agreement to any conditions of approval signed by the
applicant.
5 That the City Council hereby finds that:
a The proposed location of the project is in accord with the objectives of
the Zoning Ordinance and the purpose and intent of the CV Campus Village District of the
PC Planned Community Zone in which the site is located, which is:
Intended as primarily commercial, while also allowing mixed-use and
high-density residential development.
b The proposed location of the project and the conditions under which it
would be operated or maintained will not be detrimental to the public health, safety or welfare
or be materially injurious to properties or improvements in the vicinity in that
(1) With the remodeling of the one remaining building, the two new
commercial buildings design is compatible and consistent with the existing
onsite buildings, including size and exterior building materials and color
(2) The design of the buildings would comply with the architectural
design guidelines of the Lincoln Avenue Specific Plan.
(3) The two new commercial buildings project is compatible with
surrounding college, motel, and retail commercial properties within the same
PC Planned Community Zone.
(4) The commercial buildings project is consistent with the goals
and policies of the Cypress General Plan and the Lincoln Avenue Specific
Plan with regard to revitalizing and improving the image of the Lincoln Avenue
corridor
(5) The Site Plan design provides adequate vehicle parking and
circulation for the existing and proposed buildings.
c. The subject project, as conditioned, will comply with each of the
applicable provisions of the Cypress Zoning Ordinance and the Lincoln Avenue Specific
Plan.
062
NOW THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Design Review Committee Permit No 3129, subject to the
conditions attached hereto as Exhibit
Any challenge to this Resolution, and the findings set forth therein, must be filed
within the 90 -day statute of limitations set forth in Code of Civil Procedure 1094 6.
PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular
meeting held on the 9'h day of July 2018
MA
ATTEST
Jtitcoc Oijki,til11
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
O" 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 9th day of July 2018, by the following roll call vote:
AYES. 5 COUNCIL MEMBERS: Johnson, Morales, Yarc, Berry and Peat
NOES. 0 COUNCIL MEMBERS. None
ABSENT 0 COUNCIL MEMBERS. None
CITY CLERK OF THE CITY OF CYPRESS
OMB
EXHIBIT "A"
DESIGN REVIEW COMMITTEE PERMIT NO. 3129
(Doshi Commercial Buildings)
6072 6076 Lincoln Avenue
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 return a City -provided
affidavit accepting these conditions of approval, there shall be no entitlement of the
application. The project applicant and property owner shall have 15 calendar days to return
the signed affidavit to the Community Development Department Failure to do so will render
City Council action on the application void. (Planning)
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 6649937 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
penod. (Cttv 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) shall be complied with prior
to a certificate of occupancy being issued. (Planning)
1 6. Building tenants shall obtain a Cypress business license prior to commencement of the
business operation. (Finance)
1 7 All applicable conditions of the project shall be complied with prior to occupancy of the
subject building(s). (Planning)
Community Development Department Planning Division
063
064
Exhibit A
Design Review Committee Permit No. 3129
Conditions of Approval
Page 2
1.8. 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
Desigm Review Committee Permit will require an amendment to the 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. At least two weeks prior to the issuance of the first 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)
2.5. Prior to issuance of building permits for the Phase Two retail building, the applicant
shall submit site and elevations plans for the building to the City for review and
approval. The review shall ensure that the building is consistent with other buildings
on the site.
3. Architectural
3.1. Architectural elevations and site plans shall be reviewed and approved by the Communitv
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 shall be submitted to City staff for review and
approval prior to actually painting the structure. (Planning)
3.3. On-site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic. (Planning)
3.4. All roof mounted equipment, such as heating and air conditioning units, shall be adequately
screened from public view subject to the approval of City staff. Commercial or industrial
developments which adjoin residentially zoned areas shall construct noise bafflers and/or
deflectors on all mechanical equipment mounted outdoors to the satisfaction of City stat£.
(Planning)
3.5. 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)
Community Development Department Planning Division
WNW
.x
065
Exhibit A
Design Review Committee Permit No. 3129
Conditions of Approval
Page 3
3.6. 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 comprehensive sign program for both building and freestanding monument signs shall be
submitted for Community Development Department approval prior to the installation of any
signs. 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. 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)
5.3. 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)
5.4. Whereever masonry perimeter walls are not required, a redwood landscape retainer, a
minimum of MO 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)
5.5. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so
as to cover all landscaped areas. (Planning)
Community Development Department Planning Division
066
Exhibit A
Design Review Committee Permit No. 3129
Conditions of Approval
6. Operational
Page 4
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. Security gate systems shall be equipped with a 'Knox Box system providing access with a
Knox submaster key for emergency access by police and fire services. The security gate
system shall be approved in writing by the Cypress Police Department and Orange County
Fire Authority prior to issuance of building permits. (Planning)
6.4. The parking lot shall be used solely for vehicular 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 he 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 publicallv
viewable exterior of the buildings) 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)
8. Fees
8.1 Prior to issuance of Grading Permit, 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)
Community Development Department Planning Division
067
Exhibit A
Design Review Committee Permit No. 3129
Conditions of Approval
Page 5
Regional Traffic Improvement (Prior to issuance of Building Permit)
Final Subdivision Map Check (Prior to submittal of Map)
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 this project, the applicant/developer shall deliver to the
Community Development Department a check payable to the County Clerk -Recorder in
the amount of $50.00 County administrative fee, to enable the City to file the Notice of
Exemption 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 Grading Permit, 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)
Community Development Department Planning Division
068
Exhibit A
Design Review Committee Permit No. 3129 Page 6
Conditions of Approval
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)
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)
112. Prior to issuance of the 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)
11 4. Prior to issuance of certificate of occupancy the applicant, as required by Ordinance No.
1065 for Food Service Establishments, shall install a grease control device that meets the
requirements of Uniform Plumbing Code Section 1014.0 (Appendix 11) and conforms to the
minimum requirements as specified in City of Cypress Standard Plan No 299 Sand/Oil
Separator & Grease Interceptor with Sample Box This condition shall apply if a food service
establishment is proposed by the applicant for the project (Water Quality)
11 5 Prior to certificate of occupancy, the applicant shall demonstrate that the business owner has
properly trained their employees on the proper disposal of fats, oil, and grease best
management practices. This condition shall apply if a food service establishment is proposed
by the applicant for the project (Water Quality)
Community Development Department Planning Division
069
Exhibit A
Design Review Committee Permit No. 3129
Conditions of Approval
12. Street Trees — N/A
13. Street Lighting—N/A
14. Streets
Page 7
14.1 Prior to the recordation of a subdivision map, the applicant shall reference on the subdivision
map any parcels affected by two-way reciprocal access, joint drainage, joint irrigation, joint
use and parking easements etc. and place a note on the final map reserving the easement for
the benefit of applicable parcels on the map, in a manner meeting the approval of the City
Engineer in consultation with the City Planner. (Engineering)
14.2. Prior to issuance of a certificate of occupancy, the applicant shall replace anv deficient
sidewalk or driveway approaches or cause to fix any other frontage improvement located in
the public right-of-way along Lincoln Avenue 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)
14.3. Prior to issuance of a certificate of occupancy, the applicant shall remove and replace any
existing public improvements along Lincoln Avenue which have existing damage, are
damaged due to construction, or otherwise below current standards, to the satisfaction of the
City Engineer (Engineering)
14.4. Prior to issuance of a certificate of occupancy. the applicant shall dedicate and fully improve
with curb, gutter, sidewalk, drive closure, drive approach, paving, etc. the _locations along
Lincoln Avenue which call for new drive approaches, per the City Engineer in accordance
with the City s Code requirement for streets. (Engineering)
14.5 Street traffic signs shall be installed per City Standards. (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)
16.2. The quantity, location, width, 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)
Community Development Department Planning Division
070
Exhibit A
Design Review Committee Permit No. 3129 Page 8
Conditions of Approval
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)
17 Utilities
17.1.Pnor to issuance of a certificate of occupancy the applicant shall install all new and
existing utility services underground. Any above -ground utility facilities, including but
not limited to water meters, pull boxes, valves, pedestals, vents, etc shall be located
behind the public sidewalk. (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 grading permits or recordation of the subdivision map, whichever comes
first, 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.
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
Community Development Department Planning Division
071
Exhibit A
Design Review Committee Permit No. 3129
Conditions of Approval
Page 9
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, 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 issuance of any grading permit, if determined necessary by the City Engineer, the
applicant shall record a letter of consent, from the upstream and/or downstream property
owners permitting drainage diversions and/or unnatural concentrations. The form of the letter
of consent shall be approved by the City Engineer prior to recordation of the letter.
(Engineering)
18.4 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 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
Community Development Department Planning Division
072
Exhibit A
Design Review Committee Permit No 3129
Conditions of Approval
Page 10
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 INPDES Permit) available at
http://vvwaw.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)
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:
Community' Development Department Planning Division
073
Exhibit A
Design Review Committee Permit No. 3129
Conditions of Approval
Page 11
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:
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&MI Plan. (Engineering Water
Quality)
Community Development Department Planning Division
074
Exhibit A
Design Review Committee Permit No. 3129
Conditions of Approval
Page 12
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 All roof downspout runoff from residential and commercial buildings shall drain into
vegetative areas or treatment devices. (Engineering, Water Qualio)
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)
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
& Suiet;)
20.3. Type 5 cement shall be used for all foundations and slabs on grade. (Building & S'afety)
Community Development Department Planning Division
075
Exhibit A
Design Review Committee Permit No. 3129
Conditions of Approval
Page 13
20.4. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil. thick
moisture barrier. (Building & Safety)
20.5 A stamped soil investigation report shall be subrmtted 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)
20.6. Construction bins for non -recyclable and recyclable materials generated from any
construction site (residential and non-residential) must be placed 'on site out of the public
right-of-way unless a permit is obtained. (Building & Safety)
20.7 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)
20.8. Building plans shall be stamped by a licensed engineer. (Building & Safety)
20.9 4 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. (Budding & Safety)
20.10.Prior to the issuance of a building permit, a security deposit of $1.00 per square foot of
building area with a minimum of $1,000 and maximum of $50,000, 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 number of every commercial building shall be illuminated during the hours
of darkness so that it shall be 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)
Community Development Department Planning Division
076
Exhibit A
Design Review Committee Permit No. 3129
Conditions of Approval
Page 14
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 also be subject to review by the
Cypress Police Department. (Police Department)
22. Antennas — N/A
23. Alcohol — On Sale — N/A
24. Alcohol — Off Sale — N/A
25. Fire
25.1. Prior to issuance of a grading permit, or a building permit if a grading permit is not required,
the applicant or responsible party shall submit the fire master plan (service code PR145) to
the Orange County Fire Authority for review. Plan approval shall be obtained prior to the
event specified.
252 Prior to issuance of a building permit, the applicant or responsible party shall submit the plans
for underground piping for private hydrants and fire sprinlder systems (service codes PR470-
PR475).
25 3. Prior to issuance of a building permit, the applicant or responsible part) shall submit the plans
for the fire sprinkler system (service codes PR400-PR465).
26. Solid Waste
26.1. The applicant shall subscribe to trash, recycling, and organics recycling through the City s
disposal services contractor and require tenants/employees implement source separated
recycling practices. Sufficient receptacles shall be placed outside to collect solid waste
generated by its operation/patrons No less than one receptacle per solid waste category
shall be provided. These shall be properly maintained and not allowed to overflow.
(Engineering, Water Quaint')
26.2. The applicant shall construct new or modify its existing trash enclosure structure to house
all required solid waste containers and possess a solid covered roof that prohibits
stormwater to enter and then discharge 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)
Community Development Department Planning Division
077
Exhibit A
Design Review Committee Permit No. 3129
Conditions of Approval
Effective: 7-9-2018
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
26 Solid Waste
Page 15
Community Development Department • Planning Division