Resolution No. 6855 12
RESOLUTION NO. 6855
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 2021-01, A
REQUEST TO CONSTRUCT A GAS STATION WITH OUTDOOR
RETAIL SALES LOCATED AT 4001 BALL ROAD WITHIN THE CG
COMMERCIAL GENERAL ZONE
WHEREAS, the City Council of the City of Cypress has considered an application for a
conditional use permit in accordance with the provisions of Section 4.19.070 of the Zoning
Ordinance of the City of Cypress to allow a 24-hour, self-serve gas station with outdoor retail
sales located at 4001 Ball Road within the CG Commercial General Zone.
WHEREAS, the subject site is zoned CG, Commercial General and designated
"General Neighborhood Commercial" in the City's General Plan. Section 2.06.030, Table 2-6
of the Cypress Zoning Ordinance permits motor vehicle"service stations", including the sale of
motor fuels, as well as "outdoor retail sales and activities", subject to conditional use permit
approval.
WHEREAS, the City Council, after proper notice thereof, on September 13, 2021, held
a duly noticed public hearing on the application and took public testimony.
WHEREAS, the proposed project is categorically exempt pursuant to California
Environmental Quality Act (CEQA) Guidelines, Section 15332 — Infill Development. In
accordance with Section 15332, the proposed self-serve gas station and outdoor retail sales
project would consist of an in-fill development on a project site which: contains less than five
acres; is substantially surrounded by urban uses; contains no habitat for endangered or rare
species; and meets the criteria listed in Section 1, Findings 1-4 in this Resolution. Therefore,
the City Council has determined that there is no substantial evidence that the project may have
a significant effect on the environment.
WHEREAS, the City Council finds that the applicant agrees with the necessity of and
accepts all elements, requirements, and conditions of this Resolution as being a reasonable
manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of
the citizenry in general and the persons who work, visit or live in this development in particular.
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:
SECTION 1. Findings. Pursuant to the Section 4.19.070E of the Cypress Zoning
Ordinance, the City Council finds, after due study and deliberation that the following
circumstances exist:
1. The proposed location of the conditional use is consistent with the requirements of
the general plan and the zoning district in which the site is located:
The subject site is zoned CG, Commercial General. The proposed project is permitted
within the CG zone subject to conditional use permit approval. The application meets
all development standards as specified within the zoning ordinance. The CG zone is
intended to serve the daily shopping needs of the community, including larger,
community-scale shopping centers and regional malls. The subject use is located
within a large commercial shopping center and the surrounding uses are retail and
service in nature. The proposed gas station with outdoor retail sales is a service
based business and will complement the surrounding uses.
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 proposed self-serve gas station with outdoor retail sales would
comply with the development standards of the CG Commercial General Zone and is
consistent with the goals and policies of the Cypress General Plan for the General
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Neighborhood Commercial land use designation in which it is located.
b. The proposed self-serve gas station project site contains less than five
acres; is substantially surrounded by urban uses; and contains no habitat for
endangered or rare species.
c. There is sufficient infrastructure and public services to accommodate the
proposed self-serve gas station within the project vicinity.
d. As conditioned, the proposed self-serve gas station project would not
result in any significant effects relating to traffic, noise, air quality, or water quality.
e. The proposed site design would provide adequate vehicle access,
circulation, and onsite parking.
f. The subject property is surrounded by properties zoned for commercial
and multi-family residential uses and, as conditioned, the proposed self-serve gas
station and outdoor retail sales uses would be compatible with the existing uses on
those properties.
g. Conditions have been imposed to insure the proposed 24-hour operations
do not impact the surrounding properties and uses.
3. The proposed conditional use will comply with each of the applicable provisions of
Cypress City Code, including the Zoning Ordinance:
The project plans meet all development standards as required in the Cypress Zoning
Ordinance. Further conditions have been imposed to insure the proposed 24-hour
operations comply with the City's Noise Ordinance.
4. The City Engineer is hereby granted the authority to sign the covenants as required in
the approved Water Quality Management Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Conditional Use Permit No. 2021-01, subject to the conditions
attached hereto as Exhibit "A".
Any challenge to this Resolution, and the findings set forth therein, must be filed within
the 90 day statute of limitations set forth in Code of Civil Procedure 1094.6.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting
held on the 13th day of September, 2021.
Had
MA • - OF THE CITY OF CYPRESS
ATTEST: �J�UIIO.CX
CITY CLE OF THEa CI 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 13th day of September, 2021, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Hertz, Marquez, Minikus, Morales and Peat
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF C PRESS
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EXHIBIT "A"
CONDITIONAL USE PERMIT NO.2021-01
4001 Ball Road
(Gas Station with Outdoor Retail Sales)
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
1. General Conditions
1.1. Prior to the issuance of building permits,the project applicant and property owner shall sign
and return a City-provided affidavit accepting these conditions of approval. (Planning)
1.2. This permit is granted for the plans dated 8/10/21. The project shall conform to the plans,
except as otherwise specified in these conditions,or unless a minor modification to the plans
is approved by the Planning Director. (Planning)
1.3. The Conditional Use Permit(CUP) approval shall be valid for a 24 month period from the
effective date of the approval. The approval shall lapse and become void after that 24
month period unless either: (Planning)
a. A building permit has been issued and construction commenced and diligently pursued
toward completion on the site for which the CUP approval was granted; or
b. Before the date on which permit approval will elapse, the grantee or the city files an
application to renew the CUP approval in compliance with the Cypress Zoning Ordinance,
Article 4, Subsection 4.19.070.H.3 (Time Limit).
1.4. 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)
1.5. 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)
1.6. The applicant shall comply with all provisions of the Code of the City of Cypress. (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 final building permit
approval. (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)
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2. Planning
2.1. The approved uses include: a gasoline service station (without vehicle service/repair
bays);five fuel dispensers;two merchandise dispensers(beverages and dry goods); and
a kiosk building with an office and a restroom. The sale of alcoholic beverages and
tobacco products shall be specifically prohibited at this location. The gas station's
hours of operation and fuel deliveries are 24 hours,seven days a week. 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)
2.2. The applicant/property owner shall submit an application for an Administrative
Adjustment to allow the necessary 9% reduction in the required parking spaces for the
adjacent shopping center. The Administrative Adjustment shall be completed prior to
issuance of building permits for the gas station project.
2.3. The sixteen new parking spaces located in the northwest portion of the adjacent
shopping center shall be installed prior to fmal building permit approval.
2.4. This conditional use permit may be modified or revoked by the City Council should the
Council determine that the proposed use or conditions under which it is being operated or
maintained is detrimental to the public health, safety, or welfare, or materially injurious to
properties or improvements in the vicinity in accordance with Article 4, Section 19.070.J of
the Cypress Zoning Ordinance. (Planning)
3. Architectural
3.1. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits. (Planning)
3.2. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted. The final exterior color scheme shall be submitted to City staff for review and
approval prior to actually painting the structure. (Planning)
3.3. On-site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic. A photometric plan shall be reviewed for
compliance with City lighting standards and approved by the Community Development
Department prior to the issuance of building permits. (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 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
4.1. A comprehensive sign program for both building and freestanding monument signs shall be
submitted for Planning Division approval prior to the installation of any signs. The developer
shall not erect or display on the subject property any signs which have not been approved in
writing by the Planning Division. (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,subject to approval by the Planning Director. Wherever feasible,LED signs
shall be equipped with dimmer devices. All electrical conduits, timer devices, and other
electrical equipment shall be buried underground or concealed within the sign. (Planning)
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4 . 3 . The masonry materials on the base of the proposed freestanding sign shall match the
materials used on the surrounding shopping center. The freestanding sign cabinet shall be
painted to match the building wall or canopy colors. (Planning)
5. Landscaping
5.1. A detailed landscape and automatic irrigation plan shall be submitted to the Cypress Planning
Division for review and approval at least 60 days prior to issuance of a certificate of
occupancy. In addition, a bond shall be posted with Public Works to guarantee against
defects in plant materials and workmanship for a period of one year from acceptance of the
landscape installation. All required landscaping shall be permanently maintained in a neat
and orderly condition. (Planning)
5.2. All qualifying landscape projects in the City shall comply with the City's water efficiency
ordinance as well as the water efficient requirements of the Cypress Zoning Code and the
City's Drought Response Management Plan. All irrigation shall be provided by a drip or
microspray system. (Planning)
5.3. Unless otherwise specified, all required trees shall be a minimum 15-gallon in size and of a
variety approved by the Director of Community Development. (Planning)
5.4. 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. All product and material storage shall occur within the building, with the exception of the
two approved food and beverage dispensers located adjacent to the kiosk building. Exterior
storage is specifically prohibited. (Planning)
6.2. Outside public address speakers, telephone bells, buzzers, and similar devices which are
audible on adjoining properties are hereby prohibited. (Planning)
6.3. The City Council shall maintain the right to review the business hours of operation including
fuel truck deliveries and may,subject to a public hearing,limit the hours should substantiated
complaints be received that the approved 24-hour business hours are creating an adverse
impact upon neighboring properties, in accordance with Article 4, Section 19.070.J of the
Cypress Zoning Ordinance. When a complaint is received, the City will engage with the
Ralphs gas station management and conduct site visits to determine if the complaint is
verified. Three unique verified complaints within 30 days or 10 unique verified complaints
in a 12-month period shall indicate the use is creating an adverse impact upon neighboring
properties. (Planning)
6.4. No outdoor overnight parking shall be permitted on the gas station property. (Planning)
6.5. 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 use shall be stored solely in designated trash receptacles
and 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 the
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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)
S. Fees
8.1. The applicant shall pay the following fees per Resolution No. 6182, as noted below.
(Engineering)
- City-wide Traffic Improvement(Prior to issuance of Building Permit)
- Regional Traffic Improvement(Prior to issuance of Building Permit)
- Sanitary Sewer Connection(Prior to issuance of Building Permit)
- Grading/On-Site(Non-Structural)Plan Check(Prior to submittal of Grading Plans)
- Grading Permit and Inspection(Prior to Permit issuance)
- Building Plan Check(Prior to submittal of Plans)
- Building Permit and Inspection(Prior to Permit issuance)
- Public Improvement Plan Check(Prior to submittal of Plans)
- Public Improvement Permit and Inspection(Prior to Permit issuance)
8.2. Within 48 hours of the approval of this project, the applicant/developer shall deliver to the
Community Development Department a check payable to the County Clerk-Recorder in
the amount of$50.00 County administrative fee, to enable the City to file the Notice of
Exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines.
(Planning)
9. Engineering
9.1. That all engineering requirements of the City of Cypress, including preparation of
improvement plans and installation of all improvements such as curbs and gutters,sidewalks,
street grading and pavement, sewer and drainage facilities, or other appurtenant work shall
be complied with as required by the City Engineer and in accordance with specifications on
file in the Office of the City Engineer, as may be modified by the City Engineer; and, that
security in the form of a bond,certificate of deposit,letter of credit,completion guarantee,or
cash,in an amount and form satisfactory to the City of Cypress,shall be posted with the City
to guarantee the satisfactory completion of said improvements. Said security shall be posted
with the City prior to the issuance of a building permit or final map approval, whichever
occurs first, to guarantee the installation of the related improvements prior to final building
and zoning inspections in accordance with an approved construction phasing plan. These
requirements may be modified by a Development Agreement between the City of Cypress
and the applicant with respect to improvements to be implemented by the applicant. In the
event the developer's contractor and/or subcontractor fails to diligently prosecute the work
within the public right-of-way,the City reserves the right,in its reasonable discretion,to issue
a stop work notice and to provide a substitute contractor and/or subcontractor to complete
said work at the sole cost and expense of developer. (Engineering)
9.2. Prior to issuance of a Grading Permit,the applicant shall submit all public improvement plans
and grading plans per the Public Works Standard Plans and specified design criteria. All
plans shall be in ink on 24 inch by 36 inch Mylar with City title block on all sheets.
(Engineering)
10. Sewer and Wastewater
10.1. The developer shall examine the existing lateral and provide proof that the capacity of the
lateral is sufficient for intended use. If the existing lateral is not useable or does not have
sufficient capacity,the developer shall construct a new public sewer lateral with a publicly
owned cleanout/manhole in the public right-of-way at a location approved by the City
Engineer. (Engineering)
10.2.Prior to the issuance of a Grading Permit,the applicant shall submit a sewer plan signed and
stamped by a registered civil engineer,detailing all the proposed public and/or private sewer
lines meeting the requirements of the City Design Standards for Sewer Facilities.
(Engineering)
10.3. 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)
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11. Streets
11.1.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 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) (ADA access within the
public right-of-way)
11.2. 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) (Damage to Public Improvements)
12. Traffic
12.1.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) (Sight Distance)
13. Utilities
13.1.Prior to issuance of a certificate of occupancy, the applicant shall install all new and
existing utility services underground. (Engineering) (Undergrounding Utilities)
13.2.Attention is directed that trenching and backfill in streets shall be per City of Cypress
Standard Plan No. 109. Arterials shall be crossed by boring only. In public streets,lateral
open cuts spaced within 20 feet of each other shall be covered with a one inch continuous
asphalt concrete cap. (Engineering) (Trench Requirements)
14. Drainage
14.1.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) (Grading Plan)
The applicant shall ensure the following requirements are met:
Drainage is solved to the satisfaction of the City Engineer.
- The Grading Plan is consistent with the Water Quality Management Plan,Site Plan
and any Improvement Plan for proposed public storm drains.
- Submittal of a Preliminary Grading Plan if deemed necessary by the City Engineer.
The topography of the area surrounding this development shall be made to
establish existing drainage flow patterns.
The minimum slope standards are met for 1% for landscape areas, AC parking
areas 1.5%, Concrete.2%.
- All surface runoff and subsurface drainage directed to the nearest acceptable
drainage facility, as determined by the City Engineer.
- Drainage facilities discharging onto adjacent property shall be designed to imitate
the manner in which runoff is currently produced from the site or alternatively,the
applicant may obtain a drainage acceptance and maintenance agreement, suitable
for recordation, from the owner of said adjacent property.
- All drainage facilities must be consistent with the County of Orange Grading
Ordinance as supplemented by the Engineering Division and Local Drainage
Manual.
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- 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.
14.2.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) (Cross Lot Drainage)
14.3. 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) (Construction of Drainage Improvements)
15. Storm Water Quality—National Pollutant Discharge Elimination System
15.1.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) (Submittal of WQMP)
15.2.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) (Storm Water
Pollution Prevention Plan)
15.3.The applicant is directed to Chapter 13 Health and Sanitation, Article IV Cypress Water
Quality, Section 13-23 (a) (9) regarding required submittal for a Water Quality
Management Plan (WQMP) to control urban runoff. This project has been classified as a
priority project under section XII New Development (Including Significant
Redevelopment) Order No. R8-2009-0030 of the Waste Discharge Requirements of the
California Regional Water Quality Control Board, Santa Ana Region for the cities within
County of Orange (NPDES Permit) available at
http://www.ocwatershed.com/Documents/R84thterm.pdf. Said WQMP shall include best
management practices for source control,pollution prevention,site design,and low impact
development as well as structural treatment controls among many factors. Site design for
controlling urban runoff must first evaluate infiltration,then harvest and water re-use,then
evapotranspiration and only bio-treatment if the other three are not feasible. Submittal and
subsequent approval of the Preliminary Water Quality Management Plan does not
guarantee approval of the Final Water Quality Management Plan. Should the final
calculations and submittals not meet the required thresholds necessary to meet the
obligations of the City under the NPDES Permit for development and its incorporated
documents such as the Drainage Area Management Plan and Technical Guidance
Document, alterations to the site and the site plan may be required as prescribed by the
Director of Community Development to the WQMP. The aforementioned documents are
available for download at http://www.ocwatersheds.com/WQMP.aspx. Any significant
alteration to the site plan due to the Final WQMP may then require approval of the Council
of the revised site plan. Additionally, as required under the NPDES Permit, attention is
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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)
(General Storm Water Quality)
15.4.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, WOW
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)
(Post Project Clean Up)
15.5.Prior to the issuance of any grading or building permits, the applicant shall submit for
review and approval by the City Engineer, a Water Quality Management Plan (WQMP)
specifically identifying Best Management Practices (BMPs) that will be used onsite to
control predictable pollutant runoff. The applicant's WQMP shall be in conformance with
the Orange County Drainage Area Management Plan (DAMP), Model WQMP, and
Technical Guidance Manual for reference, and the City's WQMP template for submittal.
This WQMP shall include the following:
- Detailed site and project description
- Potential stormwater pollutants
- Post-development drainage characteristics
- Low Impact Development(LID) BMP selection and analysis
- Structural and Non-Structural source control BMPs
- Site design and drainage plan(BMP Exhibit)
- GIS coordinates for all LID and Treatment Control BMPs
- Operation and Maintenance(O&M)Plan that(1)describes the long-term operation and
maintenance requirements for BMPs identified in the BMP Exhibit; (2) identifies the
entity that will be responsible for long-term operation and maintenance of the
referenced BMPs; and(3)describes the mechanism for funding the long-term operation
and maintenance of the referenced BMPs.
The BMP Exhibit from the approved WQMP shall be included as a sheet in all plan sets
submitted for plan check and all BMPs shall be depicted on these plans. Grading and
building plans must be consistent with the approved BMP exhibit. (Engineering, Water
Quality) (Water Quality Management Plan)
15.6.Prior to the issuance of a certificate of occupancy, the applicant shall demonstrate
compliance with the City's NPDES Implementation Program in a manner meeting the
satisfaction of the City Engineer and Water Quality Manager, including:
Demonstrate that all structural Best Management Practices(BMPs)described in
the BMP Exhibit from the project's approved WQMP have been implemented,
constructed and installed in conformance with approved plans and specifications
- Demonstrate that the applicant has complied with all non-structural BMPs
described in the project's WQMP
- Submit for review and approval an Operations and Maintenance (O&M) Plan
for all structural BMPs (the O&M Plan shall become an attachment to the
WQMP) P,
- 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) (NPDES/WQMP Compliance Measures)
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15.7.Prior to the issuance of any grading or building permit, the applicant shall submit an
Erosion and Sediment Control Plan (ESCP) in a manner meeting approval of the City
Engineer and the Building Official, to demonstrate compliance with the City's NPDES
Implementation Program and State water quality regulations for grading and construction
activities. The ESCP shall identify how all construction materials, wastes, grading or
demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. shall be
properly covered, stored, and secured to prevent transport into local drainage ways or
coastal waters by wind, rain, tracking, tidal erosion or dispersion. The ESCP shall also
describe how the applicant will ensure that all BMPs will be maintained during
construction of any future public right-of-ways. The ESCP shall be updated as needed to
address the changing circumstances of the project site. A copy of the current ESCP shall
be kept at the project site and be available for City review on request by either the Building
or Engineering Division. The ESCP will be inspected by the Building Division.
(Engineering, Water Quality) (Erosion and Sediment Control Plan)
15.8. The applicant shall be subject to all requirements of Section 13-29 of the Cypress
Municipal Code regarding stormwater pollution prevention including, but not limited to,
obtaining a commercial/industrial stormwater discharge permit, prior to the issuance of a
final certificate of occupancy. (Engineering, Water Quality) (Commercial/Industrial
Facilities)
15.9. All storm drain inlets/openings shall be stenciled with"No Dumping—Drains to Ocean".
Background shall be white with blue lettering.
16. Building and Safety
16.1.Applicant/developer shall obtain the required permits and comply with applicable provisions
of the 2019 California Residential, Building, Plumbing, Electrical, and Mechanical Codes,
the 2019 California Green Building Standards Code,Title 24,and the City of Cypress Codes.
(Building&Safety)
16.2. Grading,demolition,and exterior building construction activities shall be limited to the hours
of between 7:00 a.m. and 8:00 p.m. Monday through Friday, between 9:00 a.m. and 8:00
p.m. on Saturday, if the City's noise standards are exceeded. Interior building construction
and tenant improvements shall be limited to the hours between 7:00 a.m. and 8:00 p.m.
Monday through Saturday,only if the City's noise standards are exceeded. If complaints are
received regarding noise from grading or demolition, further restrictions may be imposed on
the start time of construction by the Director of Community Development,up to a 9:00 a.m.
start time. No construction activity shall be allowed on Sundays or federal holidays. In
addition, construction equipment shall be equipped with effective muffling devices.
Compliance with this measure is subject to field inspection by City staff. (Building&Safety)
16.3.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)
16.4. Type 5 cement shall be used for all foundations and slabs on grade. (Building&Safety)
16.5.All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil. thick
moisture barrier. (Building&Safety)
16.6. 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)
16.7. 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)
16.8. 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)
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16.9. Building plans shall be stamped by a licensed engineer. (Building&Safety)
16.10.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)
16.11.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)
17. Security
17.1.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 or canopy. (Police
Department.)
17.2.All exterior commercial doors, during the hours of darkness, shall be illuminated with a
minimum of one foot-candle of light. All exterior bulbs shall be protected by weather and
vandalism resistant cover(s). (Police Department)
17.3. 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 foot-candle of
light on the parking surface from dusk until the termination of business every operating
day. (Police Department)
17.4.The landscaping and lighting plans for the project shall also be subject to review by the
Cypress Police Department. (Police Department)
18. Fire
18.1. 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 issuance of a grading permit, or a building permit ifa grading permit is not required:
• A fire master plan(service code PR145)
• Tanks storing hazardous materials(service codes PR300-PR305)
19. Solid Waste
19.1.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) (Trash Receptacles)
19.2.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) (Trash Enclosures)
Effective: 9-13-2021
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SECTIONS
1. General
2. Planning
3. Architectural
4. Signage
5. Landscaping
6. Operational
7. Property Maintenance
8. Fees
9. Engineering
10. Sewer and Wastewater
11. Streets
12. Traffic
13. Utilities
14. Drainage
15. Storm Water Quality
16. Building& Safety
17. Security
18. Fire
19. Solid Waste