Resolution No. 6782132
RESOLUTION NO. 6782
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
SITE PLAN REVIEW NO. 3159 FOR THE DEVELOPMENT OF A MIXED-USE
COMMERCIAL AND RESIDENTIAL DEVELOPMENT
WHEREAS, the Developer submitted plans for a mixed-use commercial and
residential development (the "Project") consisting of a 4 -story luxury apartment building
containing 251 units, a commercial center of 61,200 square feet of theater, retail and
restaurant spaces, and a 120 room hotel (the "Project"); and
WHEREAS, the Project requires the following to be approved by the City Council:
an Environmental Impact Report ("EIR") (SCH # 2019110458), an Amendment to the
Cypress Business & Professional Center Specific Plan ( SP 19-1), a Tentative Parcel Map
(TPM 96-121), a Conditional Use Permit (CUP -3158), a Site Plan (DRC 3159) and a
Development Agreement; and
WHEREAS, an application was filed for approval of a site plan for the Cypress City
Center Project ("Site Plan") in accordance with the provisions of Section VIII.B of the
Amendment to the Cypress City Center Specific Plan ("Amended Specific Plan"); and
WHEREAS, Section V of the Amended Specific Plan provides that its regulations
are in addition to the City's Zoning Ordinance, and where there is a conflict, the
regulations and provisions provided in the Amended Specific Plan prevail; and
WHEREAS, Section VIII.B of the Amended Specific Plan provides for a process
where review and approval of a 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 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, on January 30, 2020, the Design Review
Committee made written findings and recommended that the City Council approve the
requested Site Plan for the Project; and
WHEREAS, in accordance with Sections VIII.B.1 and VIII.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 May 26, 2020, 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. 3159 for the Project; and
WHEREAS, the City Council, after proper notice thereof, duly held a public hearing
on said Site Plan Review application for the Project as provided by law, and has
considered the staff report with recommendations regarding Site Plan Review No. 3159
for the Project; and
WHEREAS, in compliance with the requirements of the California Environmental
Quality Act (CEQA), on May 26, 2020, the City Council of the City of Cypress certified the
Final EIR that has been prepared for the Cypress City Center Project applications in
accordance with CEQA, and adopted a Statement of Facts and a Statement of Overriding
Considerations. The City Council has fully considered the Final EIR prior to considering
this resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, DOES HEREBY RESOLVE, based upon substantial evidence taken from
the administrative record and at the public hearing, AS FOLLOWS:
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SECTION 1. Findings. Pursuant to Section VIII.B.6 of the Amended Specific
Plan, the City Council makes the following findings with respect to Site Plan Review No.
3159 as follows:
A. The proposed project is compatible and consistent with intent and purpose
of the Amended Specific Plan. The proposed mixed-use commercial and
residential project will comply with the requirements of the Amended
Specific Plan and Zoning Code.
B. Development of the Site Plan will not have an adverse impact on the public
health, safety, interest, convenience or the general welfare.
The proposed mixed-use development will not have an adverse impact on
the public health, safety, interest, convenience or the general welfare
because the site is not located within an environmentally sensitive area and
it involves in no expansion of use.
C. The proposed buildings are compatible with the intent and purpose of the
regulations and design guidelines in the Amended Specific Plan.
D The City Council further finds the Project, as conditioned, will comply with
each of the applicable provisions of the Amended Specific Plan and the
Cypress Zoning Ordinance.
SECTION 2. CEQA. The City Council confirms that is has reviewed and
considered the Final EIR.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Site Plan Review No. 3159, subject to the applicable
conditions included in Exhibit "A".
PASSED, APPROVED AND ADOPTED by the City Council of the City of Cypress
at a regular meeting held on the 26th day of May 2020.
MAYOR OF T 'CITY OF CYPRESS
ATTEST:
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CITY CL K OF THE 'CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
I, ALISHA FARNELL, 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 26th day of May 2020, by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Morales, Peat and Johnson
NOES: 2 COUNCIL MEMBERS: Berry and Yarc
ABSENT: 0 COUNCIL MEMBERS: None
CITY )(EllifjiRK OF TH CITY OF CYPRESS
EXHIBIT "A"
PROJECT TITLE: Cypress City Center
ADDRESS: APN's 241-091-022 through -026
CONDITIONS OF APPROVAL
1. General Conditions
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1.1. Unless and until the project applicant 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 except as
modified by the Specific Plan as amended. (Planning)
1.5. All requirements of the 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)
1.7. The applicant shall obtain a Cypress business license prior to commencement of the business
operation. (Finance)
1.8. All applicable conditions of the project shall be complied with prior to occupancy of the
subject building. (Planning)
1.9. Any and all correction notice(s) generated through the plan check and/or inspection
process is/are hereby incorporated by reference as conditions of approval and shall be
fully complied with by the owner, applicant and all agents thereof. (Planning)
1.10. The applicant may request minor modifications of conditions of approval consistent with the
intent of the project approval. The modification must be approved in writing by the
Community Development Director (Conditions of Approval Sections 1-7, 22-24), City
Engineer (Conditions of Approval Sections 9-23 and 26), and the Police Chief (Conditions
of Approval Sections 23-24).
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2. Planning
2.1. Utilities shall not be released until all applicable conditions of approval have been met to the
satisfaction of the Community Development Department. (Planning) Need clarity on what
this means. Utilities should be released during the normal course of construction to ensure
that the conditions can be satisfied prior to occupancy.
2.2. Any expansion or modification of the approved use beyond what is approved as part of this
Conditional Use Permit may require an amendment to the conditional use permit. (Planning)
2.3. All business activities shall occur within a building except for allowable outdoor dining.
Temporary use permits may be granted for outdoor activity in accordance with Section 19,
of the Cypress Zoning Ordinance. (Planning)
2.4. The developer shall provide mailbox facilities for each residence, to the satisfaction of the
Director of Community Development and the Postmaster. (Planning)
2.5. This conditional use permit may be modified or revoked subject to revocation procedures
pursuant to the provisions of the Municipal Code, (Planning)
2.6. 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).
2.7. 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 interior noise standards along with evidence that the sound attenuation
measures specified in the report have been incorporated with the design of the project.
(Planning)
2.8. The project shall comply with all mitigation measures as referenced in the Mitigation
Monitoring and Reporting Program prior to issuance of certificate of occupancy. (Planning)
2.9. Two copies of the CC&R's and/or Reciprocal Easement Agreement (REA) covering the
project shall be submitted to the City staff (prior to recordation) for internal review,
recommendation, and approval to assure the continuous maintenance applicability and
enforceability so that the development will not become a liability to the City at a later date.
The CC&R's (and/or Reciprocal Easement Agreement (REA)) shall identify responsibility
for the maintenance of the common areas including driveways, parking areas, and
landscaping (including the public parkways along Katella Avenue and Winner's Circle.
(Planning)
2.10. The CC&R's for the project shall include a section requiring that the parking garage parking
spaces shall be maintained open and available with typical access controls at all times for the
parking of Apartment residents and their guests. (Planning)
2.11. Restrictions for residential guest parking spaces shall be included in the Reciprocal
Easement Agreement (REA) for the project. (Planning)
2.12. Areas subject to loading and unloading, shall consist of Portland Cement Concrete (PCC)
unless an alternative material is approved in the project WQMP. (Planning)
2.13. 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)
3. Architectural
3.1. All architectural treatments shall be constructed in substantial conformance with those
illustrated on plans and renderings and in compliance with the submitted color and material
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samples. The final exterior color scheme shall be submitted to City staff for review and
approval prior to actually painting the structure. (Planning)
3.2. A lighting Plan with photometrics shall be submitted and approved by the Planning
Division staff prior to the issuance of building permits. (Planning)
3.3. On-site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic. (Planning)
3.4. All roof mounted equipment, such as heating and air conditioning units, shall be adequately
screened from public view subject to the approval of City staff. Commercial or industrial
developments which adjoin residentially zoned areas shall construct noise bafflers and/or
deflectors on all mechanical equipment mounted outdoors to the satisfaction of City staff.
(Planning)
3.5. The transformer boxes and water valves shall be placed in locations acceptable to the Director
of Community Development and shall be adequately screened from view. (Planning)
3.6. During construction, the developer shall provide an adequate number of trash bins at a
location acceptable to City staff. Construction bins must be maintained onsite. Bin rental
shall be contracted through the City's disposal services contractor. (Planning)
3.7. All walls and fences shall be designed and constructed in accordance with Section VII —
Design Guidelines of the Cypress Business and Professional Center Specific Plan
(Planning)
3.8. Comply with CMC Section 3.11.150 (Traffic Safety Visibility Area) for the north west
corner of Katella Avenue and Winner's Circle (Planning)
4. Signage
4.1. The developer shall only install signage for the Project that are consistent with the approved
Master Sign Criteria for the Development. (Planning)
4.2. 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, in conformance with the Master Sign
Criteria. (Planning)
5. Landscaping
5.1 A detailed landscape and automatic irrigation plan shall be submitted to the Cypress Planning
Division for review and approval at least 60 days prior to issuance of a certificate of
occupancy. In addition, a bond shall be posted with Public Works to guarantee against
defects in plant materials and workmanship for work within the public right-of-way, 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 and comply with the
provisions of Section VII — Design Guidelines, of the Cypress Business and Professional
Center Specific Plan. (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. Parking lot landscaping is subject to CMC Section 3.13.060 B1, requiring that tree wells be
provided at a ratio of one tree per 4 parking spaces for single loaded parking aisles, and a
ratio of one tree per 8 parking spaces for double loaded parking aisles. (Planning)
5.4. Landscape treatments within the public rights-of-way along Katella Avenue and Winner's
Circle and along the eastern side of Siboney Street, shall be consistent with the standards
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of Section VII — Design Guidelines, of the Cypress Business and Professional Center
Specific Plan. (Planning)
5.5. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so
as to cover all landscaped areas. (Planning)
5.6. All Landmark Trees, are subject to the Landmark Tree Guidelines contained in Sub-
section D of Section VII — Design Guidelines, of the Cypress Business and Professional
Center Specific Plan. (Planning)
6. Operational
6.1. The use of mechanical devices associated with the cleaning and maintenance of real property
shall be conducted in accordance with the Cypress Zoning Code. (Planning)
6.2. The business hours of operation in relation to truck dock activity shall be consistent with
noise and hours of operation and provisions of the CMC. Late night or early morning
deliveries shall be specifically prohibited. (Planning)
6.3. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited. (Planning)
6.4. , Telephone bells, buzzers, and similar devices which are audible on adjoining properties are
hereby prohibited. (Planning)
6.5. Any proposed security gate systems shall be equipped with a "Knox Box" system providing
access with a Knox submaster key for emergency access by police and fire services. The
security gate system shall be approved in writing by the Cypress Police Department and
Orange County Fire Authority prior to issuance of building permits. (Planning)
6.6. The City Council shall maintain the right to review the business hours of operation and may,
subject to a public hearing, limit the hours should substantiated complaints be received that
the business hours are creating an adverse impact upon neighboring properties. (Planning)
6.7. Operation of a Hotel is subject to the provisions of CMC Section 3.17.130. (Planning)
6.8.Occupancy within any motel/hotel room by one individual shall not exceed a 30 -day period
per calendar quarter. The applicant shall make the guest register and all necessary records
available for monitoring by City staff upon request. (Planning)
6.9.The parking lot shall be used solely for vehicular parking, unless otherwise approved in writing
by the Director of Community Development. (Planning)
7. Property Maintenance
7.1. All walls, fences, and trash enclosures shall be maintained free of significant surface cracks,
dry rot, warping, missing panels or blocks, which threaten the structure's structural integrity
or graffiti which threatens the appearance. (Planning)
7.2. Parking lot surfaces and pedestrian walkways shall be maintained in a safe condition such
that any concrete, asphalt, or other driving or walking surfaces are free of potholes, buckled
or cracked surfaces, or raised areas. (Planning)
7.3. The property shall be maintained free of the accumulation of trash and debris. Trash and
debris associated with the permitted uses are to be stored solely in designated trash
enclosures. (Planning)
7.4. Exterior building elevations shall be maintained such that the buildings are free of broken,
missing or significantly cracked surface finished materials. (Planning)
7.5. Commercial and Residential - The property owner shall maintain the site, the publicly
accessible interior, and publicly viewable exterior of the building(s) clear of all graffiti,
including but not limited to bathrooms and dining areas if applicable. All graffiti shall be
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removed within 48 hours once notified in writing by the City. (Planning)
7.6. Except as otherwise approved by the Community Development Director, the applicant shall
take applicable anti -graffiti measures as setforth in the Municipal Code.
8. Fees
8.1. The applicant shall pay the following fees per Resolution No. 6182, as noted below.
(Engineering)
Park and Recreation (Prior to issuance of Building Permit)
Drainage Fee for Master Drainage Plan (Prior to issuance of Building Permit)
City-wide Traffic Improvement (Prior to issuance of Building Permit)
Regional Traffic Improvement (Prior to issuance of Building Permit)
Final Subdivision Map Check (Prior to submittal of Map)
Sanitary Sewer Connection (Prior to issuance of Building Permit)
Grading / On -Site (Non -Structural) Plan Check (Prior to submittal of Grading Plans)
Grading Permit and Inspection (Prior to Permit issuance)
Building Plan Check (Prior to submittal of Plans)
Building Permit and Inspection (Prior to Permit issuance)
Public Improvement Plan Check (Prior to submittal of Plans)
Public Improvement Permit and Inspection (Prior to Permit issuance)
8.2. Within 48 hours of the approval of this project, the applicant/developer shall deliver to the
Community Development Department the required Fish and Wildlife impact fee in the form
of a check payable to the County Clerk -Recorder in the amount of $3,393.25. (this fee
already includes the $50.00 County administrative fee), to enable the City to file the Notice
of Determination pursuant to Fish and Wildlife 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 a
reasonable amount of 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 and zoning inspections in accordance with an approved
construction phasing plan. These requirements may be modified by a 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 recordation of a subdivision map, 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 as
well as electronically in a format approved by the City Engineer. (Engineering)
9.3. Prior to recordation of a subdivision map, the applicant shall not grant any easements over
any property subject to a requirement of dedication or irrevocable offer to the City of Cypress,
unless such easements are expressly made subordinate to the easements to be offered for
dedication to the City. Prior to granting any of said easements, the subdivider shall furnish a
copy of the proposed easement to the City Engineer for review and approval. Further, a copy
of the approved easement shall be furnished to the City Planner, prior to recordation of a
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subdivision map. (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 original
entitlement may be required. (Engineering, Planning)
9.6. Prior to issuance of grading permits, applicant shall obtain written permission and/or
easements for any and all off-site improvements (Engineering)
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 and
the Traffic Engineer 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 and designed to minimize impacts to motorist
visibility of conflicting traffic. (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 nitrogen, phosphorus, potassium, pH,
salinity, sodium status, and boron saturation extract. Drought tolerant landscape is
encouraged and the landscaping will be irrigated from the private property meter.
(Engineering, Maintenance)
10.3. Prior to issuance of certificate of occupancy, the applicant shall install all street landscaping
and irrigation per the approved landscaping and irrigation plan. (Engineering, Maintenance)
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 in 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 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. The applicant shall connect to the City' s sewer system or other jurisdiction as
directed 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)
11.4. Prior to issuance of certificate of occupancy, the applicant, as required by Ordinance No.
1065 for Food Service Establishments, shall install a grease control device that meets the
requirements of Uniform Plumbing Code Section 1014.0 (Appendix H) and conforms to the
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minimum requirements as specified in City of Cypress Standard Plan No. 299, Sand/Oil
Separator & Grease Interceptor with Sample Box. (Water Quality)
11.5. Prior to a certificate of occupancy, the developer shall ensure that all future food service
establishments demonstrate that the food service establishment business owner has
obtained a fats, oils, and grease (FOG) permit and has properly trained their employees on
the proper disposal of fats, oils, and grease best management practices. (Water Quality)
12. Street Trees
12.1. Prior to the issuance of certificate of occupancy, the applicant shall install street trees if
identified on the approved landscape plan approved by the City Engineer that are a minimum
of 24 inch box in size in conformance with Section 13 of the Cypress Zoning Code.
(Engineering)
12.2. 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. (Engineering)
13. Street Lighting
13.1. All Street Light poles and fixtures adjacent to the site on Katella Avenue and
Winner's Circle shall be protected in place.
14. Streets
14.1. Prior to the recordation of a subdivision map the subdivider shall place a note on the map, in
a manner that meets the approval of the City Engineer, that states:
"The private streets constructed within this map shall be owned, operated and maintained
by the developer, successors or assigns. The City of Cypress shall have no responsibility
for maintenance." (Engineering)
14.2. 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)
14.3. Prior to issuance of a certificate of occupancy, the applicant shall replace any deficient
sidewalk or driveway approaches or cause to fix any other frontage improvement located in
the adjacent public right-of-way that do not meet the requirements of the Americans with
Disabilities Act (ADA) and State of California Title 24. The applicant shall submit a plan for
any improvement, in consultation with or as required by the City Engineer, and obtain a
Public Works permit prior to any work within the public right-of-way. The applicant shall
grant an easement to the City for pedestrian purposes for any improvement such as driveway
approaches for compliance with ADA requirements. (Engineering)
14.4. 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)
14.5. Prior to recordation of the subdivision map, the applicant shall submit a design plan and
obtain plan approval from the Engineering Division for all proposed City street rights-of-
way. (Engineering)
14.6. All signs, markings, and traffic controls within the public right-of-way are to be protected in
place and are to remain visible to motorists. Any proposed changes in signs, markings, and
traffic controls shall be approved by the Traffic Engineer and installed per City Standards to
the satisfaction of the City Engineer. (Engineering)
14.7. Any signs, markings and traffic controls within the public right-of-way that are
temporarily removed or damaged during construction are to be restored as soon as
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practicable and to the satisfaction of the City Engineer. (Engineering)
15. Subdivisions
15.1. Prior to issuance of building permits, the applicant shall ensure that the Parcel/Tract Map
that meets all the requirements of the State Subdivision Map Act and City's Subdivision
Ordinance, is recorded and a copy of the recorded map is submitted to the City Engineer.
(Engineering)
15.2. All proposed street names for newly created streets, whether public or privately owned, shall
be subject to the approval of the City. The developer shall submit to the Community
Development Department a list of three proposed names and the new street names shall be
taken from this list or as recommended by City staff New streets that align with existing
streets shall use the existing street name. Building addresses shall be assigned by the City
Building Division. (Planning, Engineering, Building & Safety)
15.3. Prior to the issuance of certificate of occupancy, the developer shall submit for approval by
the City Engineer an electronic copy of the final map files uploaded to a file storage cloud
system (designated by the City Engineer) in SHP and DWG format. (Engineering)
16. Traffic
16.1. The quantity, location, width, and type of public driveways shall be subject to the approval
of the Traffic Engineer. Prior to construction of any driveway approach upon public street
right-of-way, the applicant shall obtain a public works permit. (Engineering)
16.2. 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)
16.3. Pursuant to the Transportation Demand Management (TDM) Ordinance, TDM measures
shall be applicable to all developments with a projected employee base of 250 or greater.
(Engineering)
16.4. Prior to the issuance of certificate of occupancy, the applicant shall implement a TDM
program if it meets or exceeds the employee threshold. (Engineering)
16.5. Prior to the issuance of building permits, the applicant shall submit a traffic control
memorandum to the Traffic Engineer for review and approval. The Memorandum is to
address the need for traffic control changes within the adjacent public right-of-way, traffic
design elements of driveway entrances and exits, service vehicle access and circulation,
and traffic signal timing adjustments that may be needed or desired. (Engineering)
16.6. Prior to the issuance of certificate of occupancy, the applicant shall construct any and all
traffic improvements as indicated in the environmental clearance documents for the
project, the Traffic Control Memorandum outlined in Section 16.6, and as required by the
Traffic Engineer and/or the City Engineer. All costs for such improvements and changes
in traffic controls including but not limited to design, construction, and inspection shall be
the responsibility of the applicant. (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 if applicable, as approved and
directed by the City Engineer. 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)
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18. Drainage
18.1. Prior to issuance of grading permits or recordation of the subdivision map, whichever comes
first, at the direction of the City Engineer, the applicant shall submit a grading plan for
approval, in ink, on Mylar, signed and stamped by a registered California civil engineer and
using actual grades from an Orange County Surveyor's Benchmark on a form acceptable to
the City Engineer. (Engineering)
The applicant shall ensure the following requirements are met:
- Drainage is solved to the satisfaction of the City Engineer.
The Grading Plan is consistent with the Water Quality Management Plan, Site Plan
and any Improvement Plan for proposed public storm drains.
Submittal of a Preliminary Grading Plan if deemed necessary by the City Engineer.
- The topography of the area surrounding this development shall be made to
establish existing drainage flow patterns.
The minimum slope standards are met for 1% for landscape areas, AC parking
areas 1.50%, 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 recordation of a subdivision map or prior to the issuance of any grading permit,
whichever comes first, and if determined necessary by the City Engineer, the applicant shall
record a letter of consent from the affected property owners permitting offsite grading, cross
lot drainage, drainage diversions and/or unnatural concentrations. The applicant shall obtain
approval of the form of the letter of consent from the City Engineer before recordation of the
letter. (Engineering)
18.3. Prior to issuance of grading permits or recordation of the subdivision map,
whichever comes first, the applicant shall submit plans (stamped by a licensed civil
engineer) and gain approval from the City Engineer documenting that the discharge flow
to Katella Avenue from the development is less than allowable flow (.308 cubic feet per
second/acre). The applicant shall also provide any necessary cooperative agreements
and/or easements with the adjacent property owners regarding drainage as approved by
the City Engineer. (Engineering — Subdivision Map)
18.4. Prior to the recordation of a subdivision map (except maps for financing and conveyance
purposes only) or prior to the approval of final inspection, whichever occurs first, 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)
18.5. If the applicant proposes that the City operate and maintain a critical facility, such as a new
City owned and operated storm water or sewer pump station, as part of the development and
the City concurs, the applicant shall deposit an amount, as determined by the City Engineer,
to cover the design of the facility for which the City will use to hire a design consultant and
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manage the design process. (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.pd£ 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/documents/wqmp. 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:
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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) (Water Quality Management Plan)
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 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;
A water quality implementation agreement that has the approved
WQMP and O&M Plan attached; or
The final approved Water Quality Management Plan (WQMP) and
Operations and Maintenance (O&M) Plan. (Engineering, Water
Quality)
19.7. Prior to the issuance of any grading or building permit, the applicant shall submit an
Erosion and Sediment Control Plan (ESCP) in a manner meeting approval of the City
Engineer and the Building Official, to demonstrate compliance with the City's NPDES
Implementation Program and State water quality regulations for grading and construction
activities. The ESCP shall identify how all construction materials, wastes, grading or
demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. shall be
properly covered, stored, and secured to prevent transport into local drainage ways or
coastal waters by wind, rain, tracking, tidal erosion or dispersion. The ESCP shall also
describe how the applicant will ensure that all BMPs will be maintained during
construction of any future public rights-of-way. 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,
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obtaining a commercial/industrial stormwater discharge permit, prior to the issuance of a
final certificate of occupancy. (Engineering, Water Quality)
20. Building and Safety
20.1. Applicant/developer shall obtain the required permits and comply with applicable provisions
of the 2019 California Residential, Building, Plumbing, Electrical, and Mechanical Codes,
California Green Building Standards Code, Energy, and the City of Cypress Codes. (Building
& Safety)
20.2. Buildings 10,000 Square Feet or greater require a building commissioning plan per
Section 5.410.2 2019 California Green Building Standards Code.
20.3. Shade tree shall be planted in accordance with Section 5.106.12 2019 2019 California
Green Building Standards Code.
20.4. 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)
20.5. An automatic fire sprinkler system, approved by the Orange County Fire Authority, may be
required. (Building & Safety)
20.6. 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)
20.7. Type 5 cement shall be used for all foundations and slabs on grade. (Building & Safety)
20.8. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil. thick
moisture barrier. (Building & Safety)
20.9. Applicant/developer shall use fire retardant shingles for the roof, if applicable. (Building &
Safety)
20.10. 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)
20.11. An acoustical report shall be submitted with the plans for plan check. Report shall meet
all the requirements of the Uniform Building Code and Title 24 of the State Administrative
Code. (Building & Safety)
20.12. 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)
20.13. 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)
20.14.Building plans shall be stamped by a licensed engineer. (Building & Safety)
20.15.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
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division prior to release of the grading permit. (Building & Safety)
20.16.Prior to the issuance of a building permit, a security deposit of $1.00 per square foot of
building area with a minimum of $1,000 and maximum of $50,000, shall be provided to
the City to guarantee completion of the required construction and demolition waste
management plan and reporting. The security deposit shall be held by the City until a final
waste diversion report has been completed and approved. Failure to comply with the
diversion requirements set forth in the California Building and Cypress Municipal Codes
will result in forfeiture of the security deposit. Additional penalties and/or legal action
may be taken in the event of improper disposal of construction and demolition waste or
violation of the City's construction and demolition Ordinance. (Building & Safety)
21. Security
21.1. The property address shall be clearly identified on both sides of the freestanding sign base.
A minimum of six inch lettering shall be used for the property address. The property
address shall also be posted in a visible location on the building. (Police Department.)
21.2. Lighting levels for commercial buildings shall be subject to the review of the Police
Department. (Police Department)
21.3. The address number of every commercial building shall be illuminated during the hours
of darkness so that it shall be easily visible from the street. (Police Department)
21.4. 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)
21.5. 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)
21.6. The landscaping and lighting plans for the project shall also be subject to review by the
Cypress Police Department. (Police Department)
22. Alcohol — On Sale
22.1. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic
Beverage Control prior to this conditional use peiniit becoming effective. (Planning)
22.2. Sales, service and consumption of alcoholic beverages shall be permitted only between the
hours of 10:00 a.m. to 1:00 a.m. Sunday through Thursday and 10:00 a.m. to 2:00 a.m. on
Fridays and Saturdays. (Police Department)
22.3. The subject alcoholic beverage license shall not be exchanged for a public premises type
license nor operated as a public premises without prior approval from the City. (Police
Department)
22.4. Entertainment provided shall not be audible beyond the area under control of the licensee,
unless approved by the City, or unless specifically approved by the license approved by ABC.
(Police Department)
22.5. The rear door(s) of any establishment selling alcohol shall be kept closed at all times during
the operation of the premises except in cases of emergency and to permit deliveries. Said
door(s) not to consist solely of a screen door or ventilated security door. (Police Department)
22.6. There shall be no exterior advertising of any kind or type, including advertising directed to
the exterior from within, promoting or indicating the availability of alcoholic beverages.
Interior displays of alcoholic beverages which are clearly visible to the exterior shall
constitute a violation of this condition. (Police Department)
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22.7. The parking lot of the premises shall be adequately illuminated during hours of darkness to
the satisfaction of the Cypress Police Department. (Police Department)
22.8. The windows of the premises shall not be tinted or covered in a way which obstructs a clear
view of the interior of the premises from the exterior. (Police Department)
22.9. At no time shall there be a fee for entrance/admittance into the premises. (Police Department)
22.10. No wine shall be sold with an alcoholic content greater than 15% by volume. (Police
Department)
22.11. No alcoholic beverages shall be sold from ice tubs or containers. (Police Department)
22.12. Signs shall be posted at all exits of the premises which prohibit alcoholic beverages from
leaving the confines of the premises unless specifically permitted by the license for
consumption within common areas. (Police Department)
22.13. Food service shall be available until one hour prior to closing on each day of operation.
(Police Department)
22.14. No portion of the premises shall be deemed to be "private" for the purpose of dispensing
alcoholic beverages to selected patrons. In no case, shall the licensee recognize any form of
membership cards, keys or passes which would entitle the holder entry or preferential
admittance or exclusive use of any portion of the mentioned premises. (Police Department)
22.15. At any time when the licensee(s) are absent from the premises they shall designate a
responsible party on the premises who can assist or facilitate any peace officer inquiries.
(Police Department)
22.16. The occupancy of the premises shall be prominently posted and monitored at all times.
(Police Department)
22.17. The front, rear, and sides of the exterior of the premises, as well as all adjacent parking lots
under the control of the licensee, shall be illuminated at all times while the premises are open
for business in such a fashion that persons standing outdoors at night are readily identifiable
by law enforcement personnel. (Police Department)
22.18. Graffiti shall be removed from the exterior walls and windows of the premises within 48
hours of discovery and or noticing by City Authorities. (Police Department)
22.19. There shall be no special promotional events held on the property, unless a written request
for such is received and approved by the City of Cypress Director of Community
Development and the Police Department at least one week prior to the event. (Police
Department)
22.20. All employees of the business who sell or serve alcoholic beverage products shall be required
to complete a training program in alcoholic beverage compliance, crime prevention
techniques and the handling of violence. For new employees, such training program must be
completed within 30 days of the date of hire. The employees must provide the City of
Cypress Police Department, Criminal Investigations Bureau a copy of the completed Alcohol
Management Program (AMP) certificate. (Police Department)
22.21 No exterior or media advertising shall promote or offer a reduced or discounted price for
alcoholic beverages. (Police Department)
22.22. Controls shall be established to maintain occupancy levels allowed by the Orange County
Fire Authority (OCFA) and are not to be exceeded. Methods of controlling occupancy can
include but are not limited to the following: Counters used to count the number of occupants
entering and exiting the location which are available for inspection for OCFA or the police
department. (Police Department)
22.23. All signage on the business and within the business that is visible to the exterior shall comply
with Cypress Municipal Code Sign Regulations. (Police Department)
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22.24. There shall be no promotions encouraging intoxication or drinking contests. (Police
Department)
22.25. There shall be no "stacking" of beverages, which means the serving of two alcoholic
beverages at one time to the same customer, and no sales to an "empty chair," which means
that each customer must be physically present at the time of the order of any alcoholic
beverage. (Police Department)
22.26. The owner shall install and maintain a closed circuit television system capable of readily
identifying facial features and stature of all patrons entering the establishment during hours
of operation and monitoring the rear of the premises. The camera system shall keep a
minimum 30 day library of events, which shall be available for downloading and inspection
by the Cypress Police Department. (Police Department)
22.27. No person in the establishment shall appear in such a manner that would violate the
provisions of Section 15F-2 of the Cypress Municipal Code. (Police Department)
22.28. There shall be a taxi -ride program where the establishment will offer to call a taxi for patrons
when it seems appropriate. Phone numbers of local taxi companies shall be posted for
viewing by patrons. (Police Department)
23. Alcohol — Off Sale
23.1. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic
Beverage Control prior to the alcohol beverage portions of this conditional use permit
becoming effective. (Planning)
23.2. Although a market is permitted to operate 24 hours, alcohol sales shall be limited from 6:00
a.m. to 12:00 midnight. (Police Department)
23.3. Alcohol cooler doors shall be locked after 12:00 midnight, and shall have partitions within
the coolers that prevent reaching around from neighboring cooler doors into the alcoholic
beverage cooler area. (Police Department)
23.4. The cooler areas containing alcoholic beverages shall not exceed 50% of the total cooler area.
(Police Department)
23.5. Floor displays of alcoholic beverages shall be prohibited to prevent "grab & run" theft.
(Police Department)
23.6. Window or exterior signage advertising alcoholic beverages shall be prohibited. (Police
Department)
23.7. The business shall post "No Loitering" signage on the convenience store building. (Police
Department)
23.8. The convenience market shall install a surveillance camera system with audio capabilities,
colored monitor, and silent alarm. (Police Department)
23.9. The sale of all fortified wines shall be prohibited, unless approved in writing by the Cypress
Chief of Police. (Police Department)
23.10. Wine shall not be sold in bottles or containers smaller than 750 ml., except wine coolers,
which must be sold in manufacturer pre-packaged quantities (at a minimum of four). (Police
Department)
23.11. The sales of beer or malt beverages in quantities of 24 oz., 32 oz., 40 oz., or similar size
containers are prohibited. No beer or malt beverages shall be sold in quantities of less than
three per sale in manufactured pre-packaged quantities. (Police Department)
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24. Fire
24.1. Plan Submittal: The applicant or responsible party shall be responsible to submit the
plan(s) listed below to the Orange County Fire Authority for review. Approval shall be
obtained on each plan prior to the event specified.
Prior to plan OCFA clearance of a final map or issuance of a precise grading permit or
a building permit, if a grading permit is not required:
• fire master plan (service code PR145)
• alternate methods and materials (AM&M) request (PR910)
Prior to issuance of a building permit::
• architectural (service codes PR200-PR272)
• underground piping for private hydrants and fire sprinkler systems (service code PR470-
PR475)
• fire sprinkler system (service codes PR400-PR465)
Prior to concealing interior construction:
• fire alarm system (service code PR500-PR520)
• hood and duct extinguishing system (service code PR335)
24.2. Emergency Access Easements: Irrevocable reciprocal access easements for emergency
access purposes to the benefit of the City of Cypress shall be recorded concurrently with the final
map and the final map will be submitted to the OCFA for clearance.
24.3. Secured Fire Protection Agreement: Prior to clearance of a final map for recordation, or
issuance of a building permit, whichever comes first, the applicant or responsible party shall
enter into a secured fire protection agreement with OCFA Strategic Services (714-573-6199) to
mitigate additional fire service impacts resulting from the project.
24.4. Traffic Pre-emption Devices: Prior to issuance of a final map, grading permit, or building
permit, whichever comes first, the applicant or responsible party shall arrange with the
appropriate city, county, or state public works department or agency for installation of traffic
pre-emption devices on each traffic signal installed, relocated, or similarly modified as part of
this project.
24.5. Pre -submittal Meeting: Prior to issuance of grading permit or submittal of any fire master
plans or architectural plans to the OCFA, the applicant or responsible party shall attend a pre -
submittal meeting with an OCFA plan reviewer. Call OCFA Planning & Development Services
at 714-573-6108 at least two weeks in advance to arrange for scheduling and payment for the
pre -submittal meeting.
24.6. Preconstruction Meeting: Before commencement of construction, the applicant or
responsible party shall attend a pre -construction meeting with an OCFA inspector. Call OCFA
Inspection Scheduling at 714-573-6150 at least five days in advance to schedule and pay for the
pre -construction meeting.
24.7. Lumber -drop Inspection: After installation of required fire access roadways and
hydrants, the applicant shall receive clearance from the OCFA prior to bringing combustible
building materials on-site. Call OCFA Inspection Scheduling at 714-573-6150 with the Service
Request number of the approved fire master plan at least five days in advance to schedule the
lumber drop inspection.
24.8. Emergency Responder Digital Radio System: The applicant shall provide evidence of
compliance with emergency responder digital radio system performance criteria prior to
occupancy. Buildings shall be equipped with an emergency responder digital radio system per
the requirements of the Orange County Sheriff's Department -Communications & Technology
Division.
25. Solid Waste
25.1. The applicant shall subscribe to solid waste services from the City's disposal services
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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, Water Quality)
25.2. The applicant shall construct new or modify its existing trash enclosure structure to house
all required solid waste containers and possess a solid covered roof that prohibits
stormwater to enter and then discharge from the enclosure. The applicant shall obtain all
required permits from the Building Department for construction and also obtain final
inspection to ensure it meets the above mentioned criteria prior to the issuance of a final
certificate of occupancy. (Engineering, Water Quality)
25.3. The applicant shall work with the City's Waste Hauler to ensure pick-ups are feasible for
their equipment. (Engineering)
26. Mitigation Measures
26.1. All mitigation measures within the approved environmental document are
conditions of approval for this project.
Effective: May 26, 2020
SECTIONS
1. General (Site Plan Conditions)
2. Planning (CUP Conditions)
3. Architectural (Site Plan Conditions)
4. Signage (Site Plan Conditions)
5. Landscaping (Site Plan Conditions)
6. Operational (CUP Conditions)
7. Property Maintenance (CUP Conditions)
8. Fees (CUP Conditions)
9. Engineering (Parcel Map Conditions)
10. Landscaping in the Public Right -of -Way (Parcel Map Conditions)
11. Sewer and Wastewater (Parcel Map Conditions)
12. Street Trees (Parcel Map Conditions)
13. Street Lighting (Parcel Map Conditions)
14. Streets(Parcel Map Conditions)
15. Subdivisions(Parcel Map Conditions)
16. Traffic (Parcel Map Conditions)
17. Utilities (Parcel Map Conditions)
18. Drainage (Parcel Map Conditions)
19. Storm Water Quality (Parcel Map Conditions)
20. Building & Safety (Parcel Map Conditions)
21. Security (CUP Conditions)
22. Alcohol — On Sale (CUP Conditions)
23. Alcohol — Off Sale (CUP Conditions)
24. Fire
25. Solid Waste (Parcel Map Conditions)