Resolution No. 6711164
RESOLUTION NO 6711
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING SITE PLAN REVIEW NO. 3133 - WITH CONDITIONS
WHEREAS, the Barton Place Project ("Project") retail commercial center was
approved in October 2015 at the northeast corner of Katella Avenue and Enterprise Drive;
and
WHEREAS, an application was filed for approval of a modification to the approved
site plan for the Project ("Site Plan") in accordance with the provisions of Section VIII.B of
the Amended and Restated Cypress Business & Professional Center Specific Plan
( Amended Specific Plan"). and
WHEREAS Section VIII.B of the Amended Specific Plan provides for a process
where review and approval of the Site Plan is made by the City Council after
recommendation and findings of Amended Specific Plan consistency by the Design Review
Committee, rather than in accordance with Section 4 19.060.E of the Cypress Zoning
Ordinance and
WHEREAS in accordance with Section VIII.B.6 of the Amended Specific Plan and
the Cypress Zoning Ordinance as applicable the Design Review Committee made
written findings and recommended that the City Council approve the Project, and
WHEREAS in accordance with Sections VIII B 1 and B.6 of the Amended Specific
Plan, the recommendation of the Design Review Committee with respect to the Site Plan
was reported to the City Council on October 8 and November 13 2018 during a public
meeting of the City Council and
WHEREAS, in accordance with Sections VIII B.1 and VIII.B.6 of the Amended
Specific Plan the City Council is authorized to approve, conditionally approve, or deny
the Site Plan and
WHEREAS, in accordance with Sections VIII.B 1 and VIII B.6 of the Amended
Specific Plan, the City Council has reviewed the findings and recommendation of the
Design Review Committee with respect to Site Plan Review No. 3133 for the Project; and
WHEREAS City Council after proper notice thereof duly held a public hearing at
which time the Site Plan was presented, and has considered the staff report with
recommendations regarding Site Plan Review No 3133 for the Project
NOW, THEREFORE, the CITY COUNCIL of the CITY of CYPRESS, CALIFORNIA,
does hereby FIND RESOLVE DETERMINE and ORDER, based upon substantial
evidence taken from the administrative record and at the public hearing AS FOLLOWS
1 Pursuant to Section VIII.B.6 of the Amended Specific Plan, the City Council ..
makes the following findings with respect to the Site Plan Review No. 3133 as follows.
a The proposed project is compatible with intent and purpose of the Amended
Specific Plan
The Amended Specific Plan approved by the voters of Cypress in 2012 as
part of "Measure L", established Planning Area 9. The assisted living center use that
comprise the Project is permitted in Planning Area 9. The permitted and conditionally
permitted uses in Planning Area 6 include affordable senior housing and a variety of
commercial/retail uses but does not expressly permit assisted living center and some
of the Project's commercial/retail uses However Section VIII.D.2 of the Amended
Specific Plan allows the transfer of permitted uses in Planning Area 9 to Planning
Area 6 The 2015 approval of the Barton Place project included the approval of such
a transfer and therefore the assisted living use is fully consistent with the Amended
Specific Plan
b Development of the Site Plan will not have an adverse impact on the public
health, safety interest convenience or the general welfare
165
The portion of the project site where the assisted living facility buildings will be
located includes approximately 600 feet of frontage along Katella Avenue, which is a
major east/west corridor The proposed uses would be similar to and compatible
with, the design, scale height, massing and uses of land existing along Katella
Avenue. The City has approved similar uses surrounding the project site and
determined that they were not detrimental to public health, safety or general welfare
of the community The proposed uses will complement and expand the existing
commercial/retail uses in the project vicinity and will conveniently serve the proposed
senior residential community and other residents in the project area.
c The Site Plan is compatible with the intent and purpose of the regulations and
design guidelines in this Specific Plan
The proposed site plan has been reviewed and found to be consistent with the design
guidelines and goals and policies of the Specific Plan and the applicable provisions of the
Cypress Zoning Code
2. The Final EIR and accompanying Addendum did not identify any potential
public health or safety concerns that would result from the development of the Project. The
Project has less -than -significant impacts with respect to air quality, greenhouse gas
emissions and water quality As also discussed in the Final EIR and Addendum, the
construction and operation of the Project will not exceed wastewater treatment
requirements. Therefore, the development of the Project will not have an adverse impact on
the public health, safety, interest, convenience or the general welfare
3 For the reasons set forth in Finding 1 a above, the Project is compatible with
the intent and purpose of the applicable development regulations in the Amended Specific
Plan
4 The City Council further finds the Project, as conditioned, will comply with the
applicable provisions of the Amended and Restated Specific Plan and the Cypress Zoning
Ordinance.
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.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Site Plan Review No. 3133 subject to the applicable
conditions attached hereto as Exhibit "A'
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 13th day of November, 2018
ATTEST /�
ligauot 66A t/V
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
MA
0
E 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 13th day of November, 2018, by the following roll call vote.
AYES 3 COUNCIL MEMBERS Johnson, Morales, and Peat
NOES 2 COUNCIL MEMBERS Yarc and Berry
ABSENT 0 COUNCIL MEMBERS None
uboe evakaAn
CITY CLERK OF THE CITY OF CYPRESS
EXHIBIT "A"
AMENDMENT TO CONDITIONAL USE PERMIT NO 3019 and
SITE PLAN REVIEW NO. 3133
NE CORNER OF KATELLA AVENUE & ENTERPRISE DRIVE
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
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 the City's
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), Orange County Health
Department, and Cypress Building and Safety Division shall be satisfied prior to
commencement of all business operations (Planning)
1.6 All requirements of the Orange County Fire Authority (OCFA) shall be complied with prior to
any certificate of occupancy's being issued. (Planning)
• Community Development Department • Planning Division •
167
Exhibit "A"
Amendment to Conditional Use Permit No 3019 and
Site Plan Review No 3133
Conditions of Approval
Page 2
1 7 The applicant shall obtain a Cypress business license prior to commencement of all business
operations. (Finance)
1.8 All applicable conditions of the project shall be complied with prior to occupancy of the subject
buildings. (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 uses 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 developer shall comply with all requirements of the FAA should any portion of the
development encroach within the 100 to 1 imaginary surface surrounding the Los Alamitos Air
Base Encroachment within the 50 to 1 approach surface will require approval by the FAA
(Planning)
2.6 Prior to the issuance of building permits for any habitable building proposed for construction
within the 60 CNEL contour from the Los Alamitos Army Airfield, the project proponent shall
submit to the City of Cypress an acoustical analysis report. The report shall describe the
acoustical design features of the structures required to satisfy the Airport Environs Land Use
Plan and State intenor noise standards along with evidence that the sound attenuation measures
specified in the report have been incorporated with the design of the project. (Planning)
2 7 The project shall comply with all applicable mitigation measures, regulatory compliance
measures, and project design features referenced in the Barton Place Environmental
Impact Report. (Planning)
• Community Development Department • Planning Division •
168
Exhibit A'
Amendment to Conditional Use Permit No 3019 and
Site Plan Review No. 3133
Conditions of Approval
Page 3
2.8. 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)
2.9. Building locations shall comply with the approved site plan. Modifications to the approved
site plan shall require approval by the City Council. Minor modifications to the approved
plans may be approved by the Director of Community Development. (Planning)
Supplemental Planning Conditions
2.10. The applicant shall enter into a covenant or similar instrument, acceptable to the City
Attorney, which limits the land uses on the western portion of the site plan to commercial
and shall prohibit assisted living centers and residential uses.
2.11 The applicant shall pay 50% of the cost of a new traffic signal at Enterprise Drive
including but not hmited to any associated costs such as removal of the signal at
Cottonwood Way and related median improvements The total estimated cost of this
project is $600,000
2.12 The applicant shall deposit $100,000 with the City within 90 days from the date of
approval of the conditional use permit to go toward funding the traffic signal.
2.13 The applicant shall apply to the City of Los Alamitos within 90 days for a permit to
construct the traffic signal.
2 14 The applicant shall execute a reimburse agreement with the City, acceptable to the City
Attorney, to pay for the remaining portion of the signal.
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 shall be submitted to City staff for review and
approval sixty days pnor to applying the exterior finishes (Planning)
3.3 Balconies shall not extend into the setback areas more than six feet from the face of the
building. (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. If substantiated complaints are received regarding
light or glare from the project, the applicant shall resolve the issues to the satisfaction of the
City. (Planning)
• Community Development Department • Planning Division •
Exhibit "A"
Amendment to Conditional Use Permit No 3019 and
Site Plan Review No 3133
Conditions of Approval
Page 4
3.5 Prior to the issuance of building permits, a photometric plan shall be submitted to the
Cypress Planning Division for review and approval. The plan shall provide the proposed
lighting for the building exteriors, parking lot, and all landscaped areas. The plan shall
indicate the manufacturer's specifications for all light fixtures and shall include style,
illumination, location, height and method of shielding. The lighting shall be designed in
such a manner so that it does not exceed 0.1 -foot candle illumination beyond all property
lines.. (Planning)
3.6 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 developments
which adjoin residentially zoned properties shall construct noise bafflers and/or deflectors on
all mechanical equipment mounted outdoors to the satisfaction of City staff (Planning)
3 7 Prior to issuance of building permits, the applicant shall provide a plan which indicates the
location and method of screening for transformers, gas meters and back flow preventers as
shown on the final working drawings. Location and screening shall comply with the following
criteria. transformer cabinets and commercial gas meters shall not be located within required
setbacks and shall be screened from public view either by architectural treatment or with
landscaping; multiple electrical meters shall be fully enclosed and incorporated into the overall
architectural design of the building(s), back-flow preventers shall be screened by landscaping
that will provide complete screemng upon maturity. (Planning)
3.8 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 Design Review Committee 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)
4.4 All signage shall be consistent with the provisions of the Amended and Restated Cypress
Business & Professional Center Specific Plan and the Cypress Zoning Code (Planning)
• Community Development Department • Planning Division •
169
170
Exhibit "A
Amendment to Conditional Use Permit No 3019 and
Site Plan Review No 3133
Conditions of Approval
5. Landscaping
Page 5
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 The landscape design along Katella Avenue shall include a four -foot -high landscaped
berm and trees consistent with the landscape guidelines provided in the Amended and
Restated Cypress Business & Professional Center Specific Plan (Planning)
5.3 All landscaping 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 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 subject to approval by the Community Development Department. (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 applicant/developer shall plant mature screening trees within the landscape area
along the north property line between the three-story assisted living building and the
adjacent single-family residences. The trees shall be minimum ten feet in height at the
time of planting. The species, location, and spacing of trees shall be subject to approval
by the City prior to issuance of building permits. (Planning)
5.8 The property owner shall maintain the screening trees along the north property line for
the life of the project. The property owner shall replace any dead trees within one week
of notification by the City (Planning)
5.9 The building pads for the retail commercial portion of the project (Phase 2) shall be
landscaped until developed. The landscaping proposed for the commercial center area
shall be included on the project landscape plans. (Planning)
• Community Development Department • Planning Division •
171
Exhibit 'A
Amendment to Conditional Use Permit No 3019 and
Site Plan Review No 3133
Conditions of Approval
6. Operational
Page 6
6.1 The use of mechamcal devices associated with the cleaning and maintenance of real property
shall be conducted in accordance with the Cypress Zoning Code. (Planning)
6.2 The access door to the assisted living center kitchen area that faces the adjoining single-family
residences to the north shall remain closed at all times, except during deliveries. (Planning)
6.3 All product and matenal storage shall occur within the building. Exterior storage is specifically
prohibited. (Planning)
6 4 Access to the trash enclosure located at the east end of the parking lot shall be limited to
the hours between 8:00 a.m. and 8:00 p.m (Planning)
6.5 The parking lot shall be used solely for vehicular parking, unless otherwise approved m writing
by the Director of Community Development. (Planning)
7 Property Maintenance
7 1 All walls, fences, and trash enclosures shall be mamtamed 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 debns 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 exteriors of the building(s) clear of all graffiti. All graffiti shall be removed within
24 to 48 hours of notification by the City (Planning)
7.6 The delivery activities for the site shall be limited from 8:00 a.m. to 10:00 p.m., Monday
through Saturday Late night or early morning deliveries are specifically prohibited.
(Planning)
• Community Development Department • Planning Division •
172
Exhibit "A"
Amendment to Conditional Use Permit No 3019 and
Site Plan Review No 3133
Conditions of Approval
8. Fees
Page 7
8.1 Pnor 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) $7,939.85
per gross acreage
City wide Traffic Improvement (Prior to issuance of Building Permit)
Regional Traffic Improvement (Prior to issuance of Building Permit)
County Sanitary Sewer Connection (Prior to issuance of Building Permit)
Applicant shall venfy all sewer rates with the Orange County Sanitation Distract.
Fees are updated annually on July 1
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 (Pnor 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 the required Fish and Game impact fee in the form of a
check payable to the County Clerk -Recorder in the amount of $2,919.00 (this fee already
includes the $50.00 County admimstrative 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
91 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
m 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, m
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 pnor to final building and zoning inspections in accordance with an approved
construction phasmg 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, toissue 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)
• Community Development Department • Planning Division •
173
Exhibit "A"
Amendment to Conditional Use Permit No 3019 and
Site Plan Review No 3133
Conditions of Approval
Page 8
9.2 Prior to issuance of a 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 m ink on 24 inch by 36 inch Mylar with City title block on all sheets. (Engineering)
9.3 Prior to issuance of a 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 Pnor 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 a 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 parcel/tract map 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 onginal entitlement may be
required (Engineering, Planning)
10. Landscaping within the Public Right -of -Way
10 1 Prior to issuance of building permits, the applicant shall submit a landscaping and irrigation
plan including any landscaping within the public right-of-way to the Planning Division for
approval with a copy to the Maintenance Division Manager The subject landscaping and
irrigation plans shall be designed to be in conformance with the City's water efficient landscape
ordinance. (Engineering, Maintenance)
10.2. The applicant shall post a bond to guarantee against any defects in plant materials and
workmanship. A soils report for all planting areas prepared by a qualified agricultural
laboratory, shall be submitted to Public Works for approval at least 30 days prior to planting
date Test results shall include concentration of mtrogen, phosphorus, potassium, ph, salinity,
sodium status, and boron saturation extract Drought tolerant landscape is encouraged and the
landscaping will be irrigated from the pnvate property meter. (Engineering, Maintenance)
10.3 Prior to issuance of certificate of occupancy the applicant shall install all street landscaping
and irngation per the approved landscaping and irrigation plan (Engineering, Maintenance)
• Community Development Department • Planning Division •
Exhibit "A'
Amendment to Conditional Use Permit No 3019 and
Site Plan Review No. 3133
Conditions of Approval
Page 9
10.4 The applicant or his successor in interest shall maintain the landscaping planted in the public
right-of-way located along the frontage of their property m a healthy condition (Engineering,
Maintenance)
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 the 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)
11.2 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 pnvate sewer lines. (Engineering)
11.3 Pnor to issuance of certificate of occupancy for any use serving food, 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 H) and
conforms to the minimum requirements as specified in City of Cypress Standard Plan No 299,
Sand/Oil Separator & Grease Interceptor with Sample Box (Water Quality)
11.4 Prior to a certificate of occupancy for any use serving food, the applicant shall demonstrate that
the busmess owner has properly trained their employees on the proper disposal of fats, oil, and
grease best management practices (Water Quality)
12. Street Trees N/A
13 Street Lighting N/A
14 Streets
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 the first 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 along Enterprise Drive and Katella 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
• Community Development Department • Planning Division •
Exhibit "A"
Amendment to Conditional Use Permit No 3019 and
Site Plan Review No 3133
Conditions of Approval
Page 10
the City Engineer, and obtain a Public Works permit prior to any work witlun 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 at the development site along Enterpnse Drive and Katella
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 certificate of occupancy the applicant shall dedicate and fully improve with curb,
gutter sidewalk, drive closure, drive approach, paving, etc., the frontages along Enterprise
Drive and Katella Avenue, 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 driveways 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)
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 "No Left Turn" signs shall be maintained in the Katella Avenue median which prohibit
left turns into the project from eastbound Katella Avenue. The signs shall remain for
the life of the project. (Engineering)
17 Utilities
17 1 Prior 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)
• Community Development Department • Planning Division •.
Exhibit "A"
Amendment to Conditional Use Permit No 3019 and
Site Plan Review No 3133
Conditions of Approval
Page 11
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 Pnor to issuance of grading permits or recordation of a 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 tlus 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 mariner 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 determmed 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 ramfall 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
• Community Development Department • Planning Division •
176
Exhibit "A"
Amendment to Conditional Use Permit No. 3019 and
Site Plan Review No 3133
Conditions of Approval
Page 12
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, and 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)
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 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 treatmentcontrols 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
• Community Development Department • Planning Division •
178
Exhibit "A"
Amendment to Conditional Use Permit No. 3019 and
Site Plan Review No 3133
Conditions of Approval
Page 13
Document, alterations to the site and the site plan may be required as prescribed by the
Director of Community Development to the WQMP Theaforementioned documents are
available for download at http://www.ocwatersheds.com/WOMP.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 dram 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
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.
• Community Development Department • Planning Division •
179
Exhibit "A"
Amendment to Conditional Use Permit No 3019 and
Site Plan Review No 3133
Conditions of Approval
Page 14
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&M) Plan. (Engineering, Water Quality)
19 7 Pnor 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, ram,
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 commercial buildings shall drain into vegetative areas or
treatment devices. (Water Quality)
20. Building and Safety
• Community Development Department • Planning.Division •
Exhibit "A"
Amendment to Conditional Use Permit No 3019 and
Site Plan Review No 3133
Conditions of Approval
Page 15
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 gradmg 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 Authonty, may 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, pavmg, sulfate test, and other pertinent
information under good engineering practice (Building & Safety)
20.8 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)
20.9 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 10. An acoustical report shall be submitted with the plans for plan check. Report shall meet all
the requirements of the California Building Code and Title 24 of the State Administrative
Code (Building & Safety)
• Community Development Department • Planning Division •
181
Exhibit "A"
Amendment to Conditional Use Permit No. 3019 and.
Site Plan Review No 3133
Conditions of Approval
20.11. Building plans shall be stamped by a licensed engineer. (Building & Safety)
Page 16
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.Pnor 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 all buildings 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)
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 for review by the Cypress
Police Department. (Police Department)
22 Antennas — N/A
23. Alcohol — On Sale
23 1 The applicant shall satisfy all necessary requirements of the State Department of Alcoholic
Beverage Control prior to the sale or consumption of alcohol within any business located
within the commercial center site (Planning)
• Community Development Department • Planning Division •
182
Exhibit "A"
Amendment to Conditional Use Permit No 3019 and
Site Plan Review No. 3133
Conditions of Approval
24. Alcohol — Off Sale — N/A
25. Fire
Page .17
25 1 Plan Submittal, The applicant or responsible party shall submit the plan(s) listed below to
the Orange County Fire Authonty for review Approval shall be obtained on each plan
prior to the event specified
Prior to issuance of a grading permit, or a building permit if a grading permit is not
required.
• fire master plan (service code PR145)
Prior to issuance of a building permit:
• architectural (service codes PR200 PR285)
• underground piping for private hydrants and fire sprinkler systems (service codes
PR470-PR475)
• underground piping (service codes PR470-PR475), if pnvate hydrants are
installed/modified or a fire sprinkler system is required by code or installed
voluntarily
• fire sprinkler system (service codes PR400-PR465)
Prior to concealing interior construction•
• sprinkler monitoring system (service code PR500)
• fire alarm system (service codes PR500-PR520), if provided voluntarily, or
required by code
• hood and duct extinguishing system (service code PR335) if applicable (OCFA)
25.2. Prior to the issuance of a certificate of occupancy, the developer shallbe required to enter
into a Secured Fire Protection Agreement (SFPA) with the Orange County Fire Authority
(OCFA) that requires payment to help fund capital improvements. This agreement and any
payment associated with the agreement is required only if OCFA provides a current
underlying study and fee resolution that explains how thepayment was calculated, and
presents substantial evidence that (a) the OCFA has the lawful authority to require such
SFPA and payment and (b) the amount of the payment and the underlying study comply
with all applicable laws, regulations, ordinances and agreements. (OCFA)
26 Solid Waste
26.1 The applicant shall subscribe to solid waste services from the City's disposal services
contractor with no less than one time per week service for trash, recycling, and organics
recycling and require employees implement source separated recycling practices. Sufficient
trash, recycling, and orgamcs recycling 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 Quality)
• Community Development Department • Planning Division •
183
Exhibit 'A
Amendment to Conditional Use Permit No 3019 and
Site Plan Review No 3133
Conditions of Approval
Page 18
26.2 The applicant shall construct new trash enclosures to house all required solid waste
containers and possess a solid covered roof that prohibits stormwater from entering and then
discharging from the enclosure Trash enclosures shall have a floor drain connected to the
onsite in -ground grease interceptor. The applicant shall obtain all required permits from the
Building Department for construction and also obtain final inspection to ensure the
enclosures meet the above mentioned critena prior to the issuance of a final certificate of
occupancy (Engineering, Water Quality)
Effective 11/13/18
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
• Community Development Department • Planning Division •