Resolution No. 6800188
RESOLUTION NO. 6800
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 3173
WHEREAS, an application was filed for a conditional use permit in accordance with the
provisions of the amended McDonnell Center Specific Plan, and the Zoning Ordinance of the
City of Cypress to develop a five -level parking structure for the United Healthcare office building
(Project) located at 5701 Katella Avenue within the PC -3 Planned Community Business Park
Zone; and
WHEREAS, the Developer submitted plans for the Project consisting of a 5 -level, parking
garage containing 419 parking spaces; and
WHEREAS, the proposed project requires an addendum to the 1994 Initial Study
and Mitigated Negative Declaration (IS/MND) and a Conditional Use Permit (CUP -3173);
and
WHEREAS, on August 24, 2020, the City Council conducted a public hearing to accept
the addendum to the 1994 IS/MND; and
WHEREAS, based upon substantial evidence presented at such a public hearing
considered as a whole, both oral and written, including the staff report presented in connection
herewith, the City Council adopts the following resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Findings.
That the City Council, after proper notice thereof, duly held a public hearing on said
application as provided by law.
1. The proposed location of the conditional use is in accord with the objectives of
the Zoning Ordinance and the purpose of the PC -3 Planned Community Business Park Zone in
which the site is located, which is intended to ensure responsible development through more
precisely defined land uses, infrastructure, circulation patterns, development standards, and
WHdesign guidelines, while allowing for creative and imaginative community design concepts
tailored to meet the needs of the particular area.
2. The proposed location of the conditional use and the conditions under which it
would be operated or maintained will not be detrimental to the public health, safety or
welfare, or be materially injurious to properties or improvements in the vicinity in that:
(a) The subject parking structure would be compatible with
surrounding office and hotel uses located within the same PC -3 Planned
Community Business Park Zone.
(b) The proposed parking structure is a conditionally permitted use
within the PC -3 Planned Community Business Park Zone.
(c) The proposed parking structure is consistent with the applicable
development standards of the McDonnell Center Amended Specific Plan and the
Cypress Zoning Code.
3. The proposed conditional use will comply with each of the applicable provisions
of the Cypress Zoning Ordinance and the McDonnell Center Amended Specific Plan.
SECTION 2 Conditional Use Permit No. 3173 is by this resolution approved and
adopted subject to the Conditions of Approval in Exhibit A.
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PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 24th day of August, 2020.
ATTEST:
CITY LERK OF HE I Y OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR OF 1ITY OF CYPRESS
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 24th day of August, 2020, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Peat, Berry, Morales, Yarc and Johnson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
DCITY\e'LERK OFT CITY OF CYPRESS
190
EXHIBIT "A"
Conditional Use Permit No. 3173
5701 Katella Avenue
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
1. General Conditions
1.1. Unless and until the project applicant and property owner sign and return a City -provided
affidavit accepting these conditions of approval, there shall be no entitlement of the
application. The project applicant and property owner shall have 15 calendar days to return
the signed affidavit to the Community Development Department. Failure to do so will render
City Council action on the application void. (Planning)
1.2. The applicant shall defend, indemnify, and hold harmless, the City and any agency thereof,
or any of its agents, officers, and employees from any and all claims, actions, or proceedings
against the City or any agency thereof, or any of its agents, officers or employees, to attack,
set aside, void or annul, an approval of the City, or any agency thereof, advisory agency,
appeal board, or legislative body, including actions approved by the voters of the City,
concerning the project, which action is brought within the time period provided in
Government Code Section 66499.37 and Public Resources Code, Division 13, CH. 4 (§
21000 et seq. - including but not by way of limitation § 21152 and 21167). City shall
promptly notify the applicant of any claim, action, or proceeding brought within this time
period. (City Attorney)
1.3. The applicant's contractor shall provide the City with a Certificate of Insurance on City form
evidencing a comprehensive liability insurance policy with a combined single limit of not
less than $500,000 each occurrence in connection with the work performed. Certificate shall
include the City, its Council, officers, members of boards or commissions and employees as
additional Named Insureds with respect to all claims, actions, damages, liabilities and
expenses, including attorney's fees, arising out of or in connection with the work to be
performed under the development executed by the Named Insured and City, including any
act or omission of employees, agents, subcontractors, or their employees. Such certificate
shall have a 30 day cancellation notice to the City of Cypress. (City Attorney)
1.4. The applicant shall comply with all provisions of the Code of the City of Cypress. (Planning)
1.5. All requirements of the Orange County Fire Authority (OCFA) and Cypress Building and
Safety Division shall be satisfied prior to commencement of the business operation.
(Planning)
1.6. All requirements of the Orange County Fire Authority (OCFA) shall be complied with prior
to a certificate of occupancy being issued. (Planning)
1.7. All applicable conditions of the project shall be complied with prior to the use of the structure.
(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. Architectural elevations and site plans shall be reviewed and approved the Community
Development Department prior to the issuance of building permits. (Planning)
2.4. The developer shall comply with all requirements of the FAA should any portion of the
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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)
2.5. 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)
2.6. At least two weeks prior to the issuance of the certificate of occupancy, the applicant shall
meet with the project planner and members of the Building and Engineering Divisions to
ensure that all applicable conditions of approval have been satisfied. (Planning)
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 fmal 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)
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. During construction, the developer shall provide an adequate number of trash bins at a
location acceptable to City staff. Construction bins must be maintained onsite. Bin rental
shall be contracted through the City's disposal services contractor. (Planning)
4. Signage N/A
5. Landscaping
5.1. A detailed landscape and automatic irrigation plan shall be submitted to the Cypress Planning
Division for review and approval at least 60 days prior to issuance of a certificate of
occupancy. In addition, a bond shall be posted with Public Works to guarantee against
defects in plant materials and workmanship for a period of one year from acceptance of the
landscape installation. All required landscaping shall be permanently maintained in a neat
and orderly condition. (Planning)
5.2. All qualifying landscape projects in the City shall comply with the City's water efficiency
ordinance as well as the water efficient requirements of the Cypress Zoning Code and the
City's Drought Response Management Plan. All irrigation shall be provided by a drip or
microspray system. (Planning)
5.3. Unless otherwise specified, all required trees shall be a minimum 15 -gallon in size and of a
variety approved by the Director of Community Development. (Planning)
5.4. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so
as to cover all landscaped areas. (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)
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6.2. 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)
6.3. No outdoor overnight parking shall be permitted under any circumstances. (Planning)
7. Property Maintenance
7.1. All walls, fences, and trash enclosures shall be maintained free of significant surface cracks,
dry rot, warping, missing panels or blocks, which threaten the structure's structural integrity
or graffiti which threatens the appearance. (Planning)
7.2. Parking lot surfaces and pedestrian walkways shall be maintained in a safe condition such
that any concrete, asphalt, or other driving or walking surfaces are free of potholes, buckled
or cracked surfaces, or raised areas. (Planning)
7.3. The property shall be maintained free of the accumulation of trash and debris. Trash and
debris associated with the permitted uses are to be stored solely in designated trash
enclosures. (Planning)
7.4. Exterior building elevations shall be maintained such that the buildings are free of broken,
missing or significantly cracked surface finished materials. (Planning)
7.5. The property owner shall maintain the site, the publically accessible interior, and publically
viewable exterior of the building(s) clear of all graffiti, including but not limited to bathrooms
and dining areas if applicable. All graffiti shall be removed within 24 to 48 hours once
notified in writing by the City. (Planning)
7.6. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited. (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 Permits)
($7,940/acre)
Grading / On -Site (Non -Structural) Plan Check (Prior to submittal of Grading
Plans)($2,760)
Grading Permit and Inspection (Prior to Permit issuance) ($300)
Building Plan Check (Prior to submittal of Plans)
Building 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 No Effect
Determination Form with the Notice of Determination pursuant to Fish and Game Code
§711.4 and California Code of Regulations, Title 14, section 753.5. If, within such 48 hour
period, the applicant/developer has not delivered to the Community Development
Department the check required above, the approval for the project granted herein shall be
void. (Planning)
9. Engineering
9.1. Prior to the issuance of grading permit, the applicant shall submit all public improvement
plans and/or grading plans per the Public Works Standard Plans and specific design criteria.
All plans shall be in ink on 24 inch by 36 inch Mylar with City title block on all sheets or
shall be submitted electronically with an electronic signature from the licensed engineer.
(Engineering)
9.2. 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
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herein. If the proposed changes are of a substantial nature, an amendment to the original
entitlement may be required. (Engineering, Planning)
10. Landscaping within the Public Right -of -Way
10.1. 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 N/A
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 N/A
14. Streets
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 the 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)
15. Subdivisions N/A
16. Traffic
16.1. 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)
16.2. Prior to the issuance of certificate of occupancy, the applicant shall construct TDM
improvements in the project if it meets or exceeds the employee threshold. (Engineering)
16.3 The garage striping plan should provide crosshatch striping around the internal structural columns
that land immediately adjacent to or within parking spaces. This comment generally only applies
to the eastern most and wester most internal columns. For example, the eastern most internal
structural column of the garage appears to land within a parking space on level P2, P3, and P4. In
such case, the space around the column should be stripped out and crosshatched so that the motorist
does not attempt to squeeze into a space that is too narrow. Rather than having a larger stripped
out area, the parking field could be adjusted to provide larger remaining spaces or more space in
the corner of the same level. (Engineering)
17. Utilities N/A
18. Drainage
18.1. Prior to issuance of a grading permits, 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.
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- Submittal of a Preliminary Grading Plan if deemed necessary by the City Engineer.
The topography of the area surrounding this development shall be made to
establish existing drainage flow patterns.
- The minimum slope standards are met for 1% for landscape areas, AC parking
areas 1.5%, Concrete .2%.
- All surface runoff and subsurface drainage directed to the nearest acceptable
drainage facility, as determined by the City Engineer.
Drainage facilities discharging onto adjacent property shall be designed to imitate
the manner in which runoff is currently produced from the site or alternatively, the
applicant may obtain a drainage acceptance and maintenance agreement, suitable
for recordation, from the owner of said adjacent property.
- All drainage facilities must be consistent with the County of Orange Grading
Ordinance as supplemented by the Engineering Division and Local Drainage
Manual.
Submittal of a drainage study, when determined necessary by the City Engineer,
evidencing that proposed drainage patterns will not overload existing storm drains.
Submittal of drainage studies, when determined necessary by the City Engineer,
indicating how the project grading, in conjunction with the drainage conveyance
systems including applicable swales, channels, street flows, catch basins, storm
drains, and flood water retarding, will allow building pads to be safe from
inundation from rainfall runoff which may be expected from all storms up to and
including the theoretical 100 -year flood.
18.2. Prior to the issuance of any grading permit and if determined necessary by the City Engineer,
the applicant shall record a letter of consent from the affected property owners permitting
offsite grading, cross lot drainage, drainage diversions and/or unnatural concentrations. The
applicant shall obtain approval of the form of the letter of consent from the City Engineer
before recordation of the letter. (Engineering)
18.3. Prior to the approval of final inspection, the applicant shall construct all required drainage
improvements, or provide evidence of financial security (such as bonding), in a manner
meeting the approval of the City Engineer, and inspection and dedication of the associated
easements to the City of Cypress, if determined necessary. If a bond is provided, the applicant
shall construct all drainage improvements prior to certificate of occupancy. (Engineering)
19. Storm Water Quality — National Pollutant Discharge Elimination System
19.1. Development must be undertaken in accordance with conditions and requirements of the
Santa Ana Regional National Pollutant Discharge Elimination System (NPDES) Permit
Order No. R8-2009-0030 as amended by Order No. R8-2010-0062. (Engineering, Water
Quality)
19.2. Applicable new development or redevelopment projects must be responsible for
addressing post -construction urban runoff and stormwater pollution that qualify as Priority
Projects. New development Priority Projects create new impervious surface on a
previously undeveloped site. The amount of new impervious surface that qualifies a
project as a Priority Project depends upon the project type. Significant redevelopment
projects add or replace 5,000 or more square feet of impervious surface on an already
developed site. These terms are further defined for specific project types in Section 7.I1 of
the Model WQMP and outlined in the Santa Ana Regional National NPDES Permit Order
No. R8-2009-0030; and further detailed in the December 20, 2013 Technical Guidance
Document. These requirements include implementation of criteria related to low impact
development and water quality treatment. (Engineering, Water Quality)
A WQMP has been submitted and conditionally approved on July 6, 2020 for the project,
which meets the categories listed below:
1. All significant redevelopment projects, where significant redevelopment is
defined as projects that include the addition or replacement of 5,000 square feet or
more of impervious surface on a developed site. Redevelopment does not include
routine maintenance activities that are conducted to maintain original line and
grade, hydraulic capacity, original purpose of the facility, or emergency
redevelopment activity required to protect public health and safety. Where
redevelopment results in the addition or replacement of less than fifty percent of
the impervious surfaces of a previously existing developed site, and the existing
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development was not subject to WQMP requirements, the numeric sizing criteria
discussed below applies only to the addition or replacement, and not to the entire
developed site. Where redevelopment results in the addition or replacement of
more than fifty percent of the impervious surfaces of a previously existing
developed site, the numeric sizing criteria applies to the entire development.
2. All significant redevelopment projects, where significant redevelopment is
defined as the addition or replacement of 5,000 or more square feet of impervious
surface on an already developed site. Redevelopment does not include routine
maintenance activities that are conducted to maintain original line and grade and
hydraulic capacity. If the redevelopment results in the addition or replacement of
less than 50 percent of the impervious area on-site and the existing development
was not subject to WQMP requirement, the numeric sizing criteria only applies to
the addition or replacement area. If the addition or replacement accounts for 50
percent or more of the impervious area, the project WQMP requirements apply to
the entire development
19.3. The owner is responsible for providing a Water Quality Implementation Covenant and
Agreement and an Operations and Maintenance plan that outlines the funding and
maintenance of water quality BMPs, consent to inspect, and indemnification on the forms
provided by the City for all post -construction stormwater mitigation and treatment
devices, as required by the Santa Ana Regional National Pollutant Discharge Elimination
System (NPDES) Permit Order No. R8-2009-0030 as amended by Order No. R8-2010-
0062. The agreement will be subject to the review and approval of the City Engineer and
City Attorney. Before final acceptance of project improvements, the owner or his/her
designated representative must certify that the treatment device was constructed and
installed in accordance with the approved plans. (Engineering, Water Quality) (Water
Quality Management Plan)
19.4. 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)
19.5. All onsite storm drain inlets, whether newly constructed or existing, must be labeled "No
Dumping Drains to Ocean" before occupancy in accordance with city requirements.
(Water Quality Management Plan)
19.6. Prior to the issuance of any grading or building permit, the applicant must submit an
Erosion and Sediment Control Plan (ESCP) in a manner meeting approval of the City
Engineer and the Building Official and in accordance with requirements of the Santa Ana
Regional National Pollutant Discharge Elimination System (NPDES) Permit Order No.
R8-2009-0030 as amended by Order No. R8-2010-0062. The ESCP must be developed
and implemented to demonstrate compliance with the City's NPDES Implementation
Program and State water quality regulations for grading and construction activities. The
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ESCP must identify potential pollutant sources that may affect the quality of discharges
to stormwater and must include the design and placement of recommended BMPs to
effectively prohibit the entry of pollutants from the construction site into the storm drain
system during construction. Suggested BMPs can be downloaded from the California
Stormwater BMP Handbook for Construction at www.casqa.org. The ESCP must identify
how all construction materials, wastes, grading or demolition debris, and stockpiles of soil,
aggregates, soil amendments, etc. must 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 must also describe how the applicant will ensure that all BMPs
will be maintained during construction of any future public right-of-ways. The ESCP must
be updated as needed to address the changing circumstances of the project site. A copy of
the current ESCP must 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)
19.7. Prior to issuance of certificate of occupancy, the applicant must 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 must 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)
19.8. The owner is responsible for maintaining and operating all on-site private improvements.
(Engineering, Water Quality)
19.9. All property areas must be maintained free of litter/debris.(Engineering, Water Quality)
19.10. Parking lots must be maintained free of litter/debris. Sidewalks and parking lots must be
swept at least on a monthly basis. Such sweepings must be a minimum two (2) weeks
apart. When swept or washed, debris must be trapped and collected to prevent entry to
the storm drain system. The applicant must provide a program for the compliance with
this requirement prior to issuance of zoning clearance. (Engineering, Water Quality)
19.11.Any generator or tank enclosure areas must be paved with impermeable material. No
other area must drain onto these areas. The enclosure area must not drain to the storm
drain system or the sanitary sewer and all cleanups must be performed using dry cleanup
methods. There must be no slope on the interior floor of the enclosure and the area must
be bermed to prevent run-on of stormwater. The generator or tank must have adequate
secondary containment to contain 110 percent of fuel or liquid in tank in event of a spill.
(Engineering, Water Quality)
19.12. There must be no pressure washing of parking or loading areas, material and waste storage
areas, or building site, unless the City approves a collection system to keep water from
entering the storm drain.(Engineering, Water Quality)
19.13. Landscaping must be properly maintained with efficient irrigation to reduce runoff,
promote surface filtration, and minimize the use of fertilizers and pesticides that can
contribute to urban runoff pollution. .(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 Building, Plumbing, Electrical, and Mechanical Codes, the 2019
California Green Building Standards Code, Title 24, and the City of Cypress Codes.
(Building & Safety)
20.2. An automatic fire sprinkler system, approved by the Orange County Fire Authority, may be
required. (Building & Safety)
20.3. Type 5 cement shall be used for all foundations and slabs on grade. (Building & Safety)
20.4. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil. thick
moisture barrier. (Building & Safety)
20.5. A stamped soil investigation report shall be submitted with the plans for plan check. Report
shall include soil bearing capacity, seismic study, in compliance with the Seismic Hazard
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Mapping Act of the State of California, grading, paving, sulfate test, and other pertinent
information under good engineering practice. (Building & Safety)
20.6. Prior to the issuance of a grading permit, a site specific geologic and soils report shall be
prepared by a registered geologist or soils engineer and submitted to the City Building
Division for approval. The report shall specify design parameters necessary to remediate and
soils and geologic hazards. (Building & Safety)
20.7. All structures shall be designed as confirmed during the building design plan checking, to
withstand anticipated ground shaking cause by future earthquakes within an acceptable level
of risk (i.e., high risk zone), as designed by the City's latest adopted edition of the Uniform
Building Code. (Building & Safety)
20.8. All grading, landform modifications and construction shall be in conformance with state -of -
the -practice design and construction parameters. Typical standard minimum guidelines
regarding regulations to control excavations, grading, earthwork construction, including fills
and embankments, and provisions for approval of plans and inspections of grading
construction are set forth in the latest version of the Uniform Building Code. Compliance
with these standard shall be evident on grading and structural plans. (Building & Safety)
20.9. 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)
20.10. Grading and exterior building construction activities, as well as interior building construction
shall be limited to the days and hours specified in the City's Noise Ordinance. In additions,
construction equipment shall be equipped with effective muffling devices. Compliance with
the measure is subject to filed inspections by the City staff. (Building & Safety)
20.11.Construction shall comply with SCAQMD Rule 403, as revised. The applicant shall also
obtain approval of a dust control plan from the Building Division prior to the issuance of
each grading or building permit. Dust -reducing measures shall include regular watering
of graded surfaces, restriction of all construction vehicles and equipment to travel along
established and regularly watered roadways, and suspending operation that create dust
during windy conditions (winds greater than 25mph). (Building & Safety)
20.12. The applicant shall comply with the Building Energy Efficient Standards and State and
local laws for energy conservation. Compliance shall be determined by the Building
Division during building plan review. (Building & Safety)
20.13. The following erosion control measures shall be implemented in order to limited wind and
water erosion:
• Minimizing the length of time the soils lie exposed.
• Regular watering and clearing of grubbed areas, in compliance with City
requirements and South Coast Quality Management District Rule 403, as revised.
• Establishment of 15 miles per hour (mph) vehicle speed limit with construction
areas.
• Protection from wind and water erosion shall be the responsibility of the applicant
and contractor in accordance with the erosion control provisions in the
construction Documents (subject to review and periodic site inspection by the
City staff). (Building & Safety)
20.14. 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)
20.15.Building plans shall be stamped by a licensed engineer. (Building & Safety)
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20.16.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)
20.17. 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. 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)
21.2. The landscaping and lighting plans for the project shall also be subject to review by the
Cypress Police Department. (Police Department)
22. Antennas N/A
23. Alcohol — On Sale N/A
24. Alcohol — Off Sale N/A
25. Fire
25.1. The applicant or responsible party shall submit the plan(s) listed below to the Orange County
Fire Authority for review. Approval shall be obtained on each plan prior to the event
specified. Prior to 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 (PR145) (OCFA)
25.2. Prior to issuance of a precise grading permit or a building permit, if a grading permit is not
required:
• Underground piping for fire service system (service code PR470-PR475) (OCFA)
25.3. Prior to concealing interior construction:
• fire alarm system (service code PR500-PR520)
• fire standpipe system (service code PR460) (OCFA)
25.4. Specific submittal requirements may vary from those listed above depending on actual
project conditions identified or present during design development, review, construction,
inspection, or occupancy. Portions of the project that are deferred shall be subject to the
codes, standards, and other applicable requirements in force on the date that the deferred
plan is submitted to OCFA. Standard notes, guidelines, informational bulletins, submittal
instructions, and other information related to plans reviewed by the OCFA may be found
by visiting ocfa.org and clicking on "Business -)Planning & Development Services" in
the menu bar at the top of the screen. (OCFA)
25.5. Prior to issuance of temporary or final certificate of occupancy, all OCFA inspections shall
be completed to the satisfaction of the OCFA inspector and be in substantial compliance
with codes and standards applicable to the project and commensurate with the type of
occupancy (temporary or final) requested. Inspections shall be scheduled at least five days
in advance by calling OCFA Inspection Scheduling at 714-573-6150. (OCFA)
25.6. 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
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inspection. (OCFA)
25.7. Evidence of compliance with emergency responder digital radio system performance
criteria shall be provided prior to occupancy. Refer to OCFA Guideline E-03 or the local
jurisdiction's emergency responder radio ordinance, as applicable, for requirements.
(OCFA)
26. Solid Waste
26.1. The applicant shall subscribe to solid waste services from the City's disposal services
contractor with no less than one time per week service for trash, recycling, and organics
recycling and require employees implement source separated recycling practices.
Sufficient trash, recycling, and 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)
26.2. The applicant shall construct new or modify its existing trash enclosure structure to house
all required solid waste containers and possess a solid covered roof that prohibits
stormwater to enter and then discharge from the enclosure. The applicant shall obtain all
required permits from the Building Department for construction and also obtain final
inspection to ensure it meets the above mentioned criteria prior to the issuance of a final
certificate of occupancy. (Engineering, Water Quality)
Effective: 08-24-20
SECTIONS
1. General
2. Planning
3. Architectural
4. Signage
5. Landscaping
6. Operational
7. Property Maintenance
8. Fees
9. Engineering
10. Landscaping in the Public Right -of -Way
11. Sewer and Wastewater
12. Street Trees
13. Street Lighting
14. Streets
15. Subdivisions
16. Traffic
17. Utilities
18. Drainage
19. Storm Water Quality
20. Building & Safety
21. Security
22. Antennas
23. Alcohol — On Sale
24. Alcohol — Off Sale
25. Fire
26. Solid Waste
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