Resolution No. 6744302
RESOLUTION NO. 6744
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 3143
- 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 conditional use permit in accordance with
the provisions of Section 4.19.070 of the Zoning Ordinance of the City of Cypress to
construct two apartments on a 6,212 square foot lot located at 9100 Walker Street within
the Lincoln Avenue Specific Plan.
2. That the City Council, after proper notice thereof, duly held a public hearing
on said application as provided by law.
3. That the City Council hereby finds that:
a. The proposed location of the conditional use is consistent with the
requirements of the General Plan and the Lincoln Avenue Specific Plan in which the
site is located, which is:
Intended to permit the development of apartments, condominiums,
townhouses, or other group dwellings with provisions for adequate
light, air, open space, and landscaped areas.
b. The proposed location of the conditional use and the conditions under
which it would be operated or maintained will not be detrimental to the public health,
safety or welfare, nor would be materially injurious to properties or improvements in
the vicinity in that:
(1) Adequate onsite parking will be provided for the
proposed development.
(2) Sufficient access will be provided to the proposed
development site.
(3) The proposed architectural design of the residential units
will be compatible with the surrounding residential developments.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance.
d. The City Engineer is hereby granted the authority to sign the covenants
as required in the approved Water Quality Management Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council.of the City
of Cypress does hereby approve Conditional Use Permit No. 3143, subject to the conditions
attached hereto as Exhibit "A".
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 24th day of June, 2019.
M YOR OF T C TY OF YPRESS
ATTEST:
ACTIN
303
ITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
I, ALISHA FARNELL, Acting 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 24th day of June, 2019, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS:
NOES: 0 COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS:
Morales, Peat, Yarc, Johnson and Berry
None
None
ACTING CI CLERK OF THE CITY OF CYPRESS
304
EXHIBIT "A"
Conditional Use Permit No. 3143
9100 WALKER STREET
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
1. General Conditions
1.1. Unless and until the project applicant and property owner sign and 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 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), Orange County Health
Department, and Cypress Building and Safety Division shall be satisfied prior to
commencement of the business operation. (Planning)
1.6. All requirements of the Orange County Fire Authority (OCFA) shall be complied with prior
to a certificate of occupancy being issued. (Planning)
• Community Development Department • Planning Division •
305
Exhibit "A"
Conditional Use Permit No. 3143
Conditions of Approval
Page 2
1.7. All applicable conditions of the project shall be complied with prior to occupancy of the
subject building. (Planning)
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
Conditional Use Permit will require an amendment to the conditional use permit. (Planning)
2.3. The developer shall provide mailbox facilities for each residence, to the satisfaction of the
Director of Community Development and the Postmaster. (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. 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)
2.6. The garage parking spaces shall be maintained open and available at all times for the parking
of two vehicles. (Planning)
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 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. (Planning)
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 3143
Conditions of Approval
Page 3
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)
3.6. If the second story windows create a privacy problem for adjacent property owners, measures
shall be taken to resolve the problem. These mitigation measures shall be subject to Design
Review and may consist of, but not be limited to, requirements for additional perimeter
landscaping and/or window coverings. (Planning)
4. Signage — NA
5. Landscaping
306
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. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so
as to cover all landscaped areas. (Planning)
6. Operational — NA
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. Driveway surfaces and pedestrian walkways shall be maintained in a safe condition such that
any concrete, asphalt, or other parking or walking surfaces are free of potholes, buckled or
cracked surfaces, or raised areas. (Planning)
7.3. The property shall be maintained free of the accumulation of trash and debris. Trash and
debris associated with the permitted uses are to be stored solely in designated trash
enclosures. (Planning)
• Community Development Department • Planning Division •
307
Exhibit "A"
Conditional Use Permit No. 3143
Conditions of Approval
Page 4
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 and all buildings, structures, walls, etc., free from
all graffiti. All graffiti shall be removed within 24 to 48 hours once notified in writing by the
City. (Planning)
8. Fees
8.1. The applicant shall pay the following fees per Resolution No. 6182, as noted below.
(Engineering)
Drainage Fee for Master Drainage Plan (Prior to issuance of Building Permit)-approx.
$2,000
City-wide Traffic Improvement (Prior to issuance of Building Permit)-$595/unit
Regional Traffic Improvement (Prior to issuance of Building Permit)-$52/unit
Sanitary Sewer Connection (Prior to issuance of Building Permit)-approx.$5,390
(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 (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 building permit or final map approval, whichever
occurs first, to guarantee the installation of the related improvements prior to final building
• Community Development Department • Planning Division •
308
Exhibit "A"
Conditional Use Permit No. 3143
Conditions of Approval
Page 5
and zoning inspections in accordance with an approved construction phasing plan. These
requirements may be modified by a Development Agreement between the City of Cypress
and the applicant with respect to improvements to be implemented by the applicant. In the
event the developer's contractor and/or subcontractor fails to diligently prosecute the work
within the public right-of-way, the City reserves the right, in its reasonable discretion, to issue
a stop work notice and to provide a substitute contractor and/or subcontractor to complete
said work at the sole cost and expense of developer. (Engineering)
9.2. Prior to issuance of Grading Permit, the applicant shall submit all public improvement plans
and grading plans per the Public Works Standard Plans and specified design criteria. All
plans shall be in ink on 24 inch by 36 inch Mylar with City title block on all sheets.
(Engineering)
9.3. Prior to 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 in the Public Right -of -Way - NA
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)
11.2. Prior to the recordation of the subdivision map, the applicant shall submit a sewer plan signed
and stamped by a registered civil engineer, detailing all the proposed public and/or private
sewer lines meeting the requirements of the City Design Standards for Sewer Facilities.
(Engineering)
11.3. All sewer lines within the development shall be private sewer lines and shall be maintained
and cleaned by the developer, or successor in interest. The City of Cypress shall have no
responsibility for maintenance of the private sewer lines. (Engineering)
12. Street Trees
12.1. All trees in the public right-of-way shall be installed and maintained in a healthy and safe
condition by the applicant or developer or successor in interest. (Maintenance)
13. Street Lighting — NA
• Community Development Department • Planning Division •
40,
309
Exhibit "A"
Conditional Use Permit No. 3143
Conditions of Approval
14. Streets
Page 6
14.1. Prior to issuance of a certificate of occupancy, the applicant shall remove and replace any
existing public improvements at the development site which have existing damage, are
damaged due to construction, or otherwise below current standards, to the satisfaction of the
City Engineer. (Engineering)
14.2. Prior to issuance of final building permits, the applicant shall dedicate and fully improve with
curb, gutter, sidewalk, drive closure, drive approach, paving, etc., the frontage along Walker
Street and Camp Street, per the City Engineer in accordance with the City's Code
requirement for streets. (Engineering)
15. Subdivision — NA
16. Traffic
16.1. 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)
17. Utilities
17.1. Prior to issuance of a certificate of occupancy, the applicant shall install all new and
existing utility services underground. (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.
• Community Development Department • Planning Division •
310
Exhibit "A"
Conditional Use Permit No. 3143
Conditions of Approval
Page 7
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.
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 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
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)
• Community Development Department • Planning Division •
311
Exhibit "A"
Conditional Use Permit No. 3143
Conditions of Approval
Page 8
19.3. The applicant is directed to Chapter 13 Health and Sanitation, Article IV Cypress Water
Quality, Section 13-23 (a) (9) regarding required submittal for a Water Quality
Management Plan (WQMP) to control urban runoff This project has been classified as a
priority project under section XII New Development (Including Significant
Redevelopment) Order No. R8-2009-0030 of the Waste Discharge Requirements of the
California Regional Water Quality Control Board, Santa Ana Region for the cities within
County of Orange (NPDES Permit) available at
http://www.ocwatershed.com/Documents/R84thterm.pdf. Said WQMP shall include best
management practices for source control, pollution prevention, site design, and low impact
development as well as structural treatment controls among many factors. Site design for
controlling urban runoff must first evaluate infiltration, then harvest and water re -use, then
evapotranspiration and only bio -treatment if the other three are not feasible. Submittal and
subsequent approval of the Preliminary Water Quality Management Plan does not
guarantee approval of the Final Water Quality Management Plan. Should the final
calculations and submittals not meet the required thresholds necessary to meet the
obligations of the City under the NPDES Permit for development and its incorporated
documents such as the Drainage Area Management Plan and Technical Guidance
Document, alterations to the site and the site plan may be required as prescribed by the
Director of Community Development to the WQMP. The aforementioned documents are
available for download at http://www.ocwatersheds.com/WQMP.aspx. Any significant
alteration to the site plan due to the Final WQMP may then require approval of the Council
of the revised site plan. Additionally, as required under the NPDES Permit, attention is
directed that the WQMP must identify a responsible party and implement funding sources
for maintaining any treatment controls as required as part of the development and must
ensure that appropriate easements and ownerships are properly recorded in public records
and access is made available for inspection of said devices. (Engineering, Water Quality)
19.4. Prior to issuance of certificate of occupancy, the applicant shall clean all on site storm
drain systems, catch basins, filters, storm drain lines, inlet boxes, etc. Additionally, upon
direction of the City Engineer, the applicant shall clean any public storm drain systems,
catch basins, filters, lines, inlet boxes that the City Engineer has determined have been
impacted by the applicant's construction. If clean-up is not performed, the City may make
arrangements to clean the system at developer's expense. (Engineering, Water Quality)
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
• Community Development Department • Planning Division •
312
Exhibit "A"
Conditional Use Permit No. 3143
Conditions of Approval
Page 9
- 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&M) Plan. (Engineering, Water
Quality)
19.7. Prior to the issuance of any grading or building permit, the applicant shall submit an
Erosion and Sediment Control Plan (ESCP) in a manner meeting approval of the City
Engineer and the Building Official, to demonstrate compliance with the City's NPDES
• Community Development Department • Planning Division •
313
Exhibit "A"
Conditional Use Permit No. 3143
Conditions of Approval
Page 10
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)
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
& Safety)
20.3. An automatic fire sprinkler system, approved by the Orange County Fire Authority, 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)
• Community Development Department • Planning Division •
314
Exhibit "A"
Conditional Use Permit No. 3143
Conditions of Approval
Page 11
20.7. A stamped soil investigation report shall be submitted with the plans for plan check. Report
shall include soil bearing capacity, seismic study, in compliance with the Seismic Hazard
Mapping Act of the State of California, grading, paving, sulfate test, and other pertinent
information under good engineering practice. (Building & Safety)
20.8. 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. Building plans shall be stamped by a licensed engineer. (Building & Safety)
20.11.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)
20.12. 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 - NA
22. Antennas - NA
23. Alcohol — On Sale - NA
24. Alcohol — Off Sale - NA
25. Fire
25.1. The applicant or responsible party shall submit the plan(s) listed below to the Orange County
Fire Authority for review. Approval shall be obtained on each plan prior to the event
specified.
• Community Development Department • Planning Division •
315
Exhibit "A"
Conditional Use Permit No. 3143
Conditions of Approval
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Prior to issuance of a grading permit, or a building permit ifagrading permit is not required:
• A fire master plan (service code PR145)
Prior to issuance of a building permit:
• Architectural (service codes PR200-PR285), when required by the OCFA "Plan
Submittal Criteria Form"
Prior to concealing interior construction:
• Fire sprinkler system (service code PR400)
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 organics 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)
26.2. Individual trash cans for each unit on-site shall be maintained onsite (one for regular garbage
and one for recyclables). The locations of the trash cans shall be restricted to the interior of
the garage or within a fenced private yard where they are not visible from the adjoining
streets, except the evening prior to and the day of trash pick-up service. Individual trash cans
shall be contracted through the City's disposal services contractor. (Planning)
26.3. 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)
Effective: 6-24-2019
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
• Community Development Department • Planning Division •
316
Exhibit "A"
Conditional Use Permit No. 3143
Conditions of Approval
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
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• Community Development Department • Planning Division •