Resolution No. 6978 51
RESOLUTION NO. 6978
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
APPROVING AN AMEMDMENT TO CONDITIONAL USE PERMIT NO. 86-11, TO
ELIMINATE THE SCHOOL USE FROM THE PREVIOUS APPROVAL, ON A SITE
LOCATED AT 4321 CERRITOS AVENUE WITHIN RS-6000 RESIDENTIAL SINGLE-
FAMILY ZONE IN THE CITY OF CYPRESS, CALIFORNIA AND FINDING THE PROJECT
EXEMPT FROM CEQA
WHEREAS, the City Council of the City of Cypress has considered an application
submitted by Holy Cross Lutheran Church and Red Hook Capital Partners IV ("Developer")
for the following: 1) a new conditional use permit to operate a TK — 12 public charter school;
2) amend the existing conditional use permit for Holy Cross Lutheran Church currently
operating at the site; and 3) a tentative parcel map to reconfigure the two existing parcels for
separate ownership (the "Project"). The Church will occupy the western parcel (APN: 242-
031-03) and the new school will occupy the eastern parcel (APN: 242-041-38). The Project
is located at 4321 Cerritos Avenue in the RS-6,000 Residential Single-Family Zone; and
WHEREAS, the Project requires the following to be approved by the City Council:
Conditional Use Permit No. 2024-01, Amendment to Conditional Use Permit No. 86-11, and
Vesting Tentative Parcel Map (VTPM No. 2023-134); and
WHEREAS, the subject site is zoned RS-6,000 Residential Single-Family. Section
2.05.030 of the Cypress Zoning Ordinance states that "Places of Worship" are a permitted
use subject to the approval of a Conditional Use Permit; and
WHEREAS, Conditional Use Permit No. 86-11 authorizes a church and school facility
on the site. With approval of the tentative parcel map and a separate conditional use permit
for a school under separate ownership, it is necessary to remove the authorization for a
school on the church site; and
WHEREAS, the City Council has reviewed the goals and objectives of the General
Plan as laid out in the City Council staff report dated June 24, 2024, and finds that the Project
is consistent with the intent of the General Plan; and
WHEREAS, on June 24, 2024, the City Council held a duly noticed public hearing and
considered testimony on the application; and
WHEREAS, Pursuant to California Environmental Quality Act (CEQA) Guidelines,
Section 15332 (In-Fill Development), the project is categorically exempt from further
environmental analysis because it is an infill project on a site less than five acres in size
located in an urbanized area; and
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 Cypress Zoning Ordinance Section 4.19.070
(Conditional Use Permits), 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.
52
The Project site has a general plan land use designation of Low Density and is zoned
RS-6000 (Residential Single-Family). Institutional uses such as schools and religious
facilities are consistent with this designation. Per Section 2.05.030 of the Zoning
Ordinance, places of worship are permitted in the RS-6000 zone with conditional use
permit approval. The Project meets all applicable development standards required by
the Zoning Ordinance.
2. The proposed location of the conditional use and the conditions under which it would
be operated or maintained would not be detrimental to the public health, safety, or
general welfare, nor would be materially injurious to properties or improvements in the
vicinity.
With approval of the conditions included in Exhibit"C", the Project will not be materially
detrimental to the public health, safety or general welfare. A new TK-12 charter school
is being established under a separate conditional use permit on the eastern project
parcel. This conditional use permit amendment serves to separate the school and
religious facilities by removing the previous school use approval from the existing
church CUP. This amendment will ensure that ongoing church operations will not
negatively impact public health, safety, or general welfare by guaranteeing that a
second school cannot be established on the site.
3. The proposed conditional use would comply with all applicable provisions of this
zoning ordinance.
With approval of the conditions included in Exhibit "C", the Project complies with all
applicable development standards and provisions of the zoning ordinance including
those related to setbacks, landscaping and off-street parking.
SECTION 2. CEQA. The City Council finds that the proposed project is categorically
exempt pursuant to California Environmental Quality Act (CEQA) Guidelines, Section 15332
(In-Fill Development) because the project is an infill project on a site less than five acres in
size located in an urbanized area.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress hereby approves Amendment to Conditional Use Permit No. 86-11, subject to the
applicable conditions included in Exhibit "C". The decision of the City Council is final and
conclusive as to all things involved.
PASSED, APPROVED and ADOPTED by the City Council of the City of Cypress at a
regular meeting held on the 24th day of June, 2024.
��OFT ')
M OR ddVESS
ATTEST:
CITY CLERK 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 24th day of June, 2024, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Burke, Mallari, Marquez, Peat and Minikus
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
11447.--0'
Ltd(
CITY CLE K or THE CITY OF CYPRESS
53
EXHIBIT "C"
L AMENDMENT TO CONDITIONAL USE PERMIT NO. 86-11
(Removal of School from Church Use and Site Plan)
4321 CERRITOS AVENE
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,
E 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 m. - 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. This permit is granted for the project plans dated 4/4/2024 and the tentative map dated
6/2/2023,("the plans")on file with the Planning Division.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.A minor modification may be granted for
minimal changes or increases in the extent of use or size of structures or of the design,
materials or colors of structures or masonry walls. (Planning)
1.4. 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)
1.5. The applicant shall comply with all provisions of the Code of the City of Cypress.
(Planning)
1.6. Any failure of applicant to abide by these conditions of approval or sign and return a City-
•Community Development Department•Planning Division •
54
Exhibit"C"
Amendment to Conditional Use Permit No. 86-11 Page 2
Conditions of Approval
provided affidavit accepting these conditions of approval shall be grounds for City's
initiation of proceedings to revoke this Conditional Use Permit in accordance with the City's
Zoning Ordinance.
1.7. The applicant may request minor modifications of conditions of approval consistent with
the intent of the project approval. The Planning Director, City Engineer, Orange County
Fire Authority, and/or the Police Chief, depending on the requested modification, shall
approve the modification in writing. For numerical standards, the Planning Director may
approve deviations up to 10%provided that city code requirements are met.
2. Planning
2.1. 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. All church activities shall occur within the building. Temporary use permits may be granted
for outdoor activity in accordance with Section 19, of the Cypress Zoning Ordinance.
(Planning)
2.3. This conditional use permit may be modified or revoked by the City Council should the
Council determine that the proposed use or conditions under which it is being operated or
maintained is detrimental to the public health, safety, or welfare, or materially injurious to
properties or improvements in the vicinity. (Planning)
2.4. At least two weeks prior to the issuance of the first certificate of occupancy, the applicant
shall meet with the project planner and members of the Building and Engineering Divisions
to ensure that all applicable conditions of approval have been satisfied. (Planning)
2.5. Future re-establishment of school facilities on the church parcel (APN No. 242-031-
03)shall be prohibited. (Planning)
2.6. A demolition permit shall be required for removal of the existing modular building
(Building 6).
2.7. Remodeling of the church and removal of pews per plans is required prior to
Certificate of Occupancy for the adjacent school.The church shall submit floor plans
with proposed improvements,including the reduction of the pews from 33 to 27 pews
per the notes under parking calculations on the project Site Plan.
3. Architectural
3.1. All architectural treatments shall be consistent with the plans and renderings
submitted for the existing church buildings. The shade structure shown on the west
side of the church on the site plan is not part of this project. The church shall apply
separately for administrative approval of this accessory structure. (Planning)
3.2. On-site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic. (Planning)
• Community Development Department • Planning Division •
55
Exhibit"C"
Amendment to Conditional Use Permit No. 86-11 Page 3
Conditions of Approval
3.3. 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)
3.4. 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)
3.5. Walls/fences shall be constructed along the north property line,adjoining residential
properties,in compliance with fence height standards for the RS-6,000 Zone. Fencing
materials shall be subject to the approval by the Community Development
Department.
4. Signage
4.1. The installation and method of sign illumination shall be reviewed and approved by the
Planning Division and the Building and Safety Division. The business owner shall take the
appropriate measures to ensure that the illumination of the sign shall not create glare for
vehicular traffic. All electrical conduits,timer devices, and other electrical equipment shall
be buried underground or concealed within the sign. (Planning)
4.2. Directional signs for onsite vehicle circulation and student drop-off areas for the
adjacent school shall be provided in applicable areas on the church property.
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)
5.5. Parking for the handicapped shall be provided in accordance with State requirements.
• Community Development Department• Planning Division •
56
Exhibit"C"
Amendment to Conditional Use Permit No.86-11 Page 4
Conditions of Approval
5.6. The applicant/developer shall upgrade the parking lot landscaping on the church
property to comply with Zoning Ordinance requirements,wherever possible without
interfering with providing required access driveway widths or water quality control
measures.
5.7. The church shall be responsible for maintaining the landscaping and irrigation on
their parcel.
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. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited. (Planning)
6.3. Outside public address speakers, telephone bells, buzzers, and similar devices which are
audible on adjoining properties are hereby prohibited. (Planning)
6.4. 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)
6.5. The City Council shall maintain the right to review the church's 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)
6.6. 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)
• Community Development Department• Planning Division •
57
Exhibit"C"
Amendment to Conditional Use Permit No. 86-11 Page 5
Conditions of Approval
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)
8. Fees
8.1. The applicant will be subject to, but not limited to, the following fees on the Cypress
Master Fee Schedule(current fees at the time of submittal):
• Building permit and mechanical/electrical/plumbing fees
• Citywide and regional traffic improvements fees
• Sewer fees (OC Sanitation District)
• Grading and public works permit and plan check fees
• Orange County Fire Authority fees, school fees
• Permit application and plan check fees
Public Works uses various consultants for plan check,permitting and inspection. Such
work is performed on a time and material basis and initial deposits are collected up
front to cover the work through the OpenGov system and as the project progresses.
(Engineering)
0,.... 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
krthe amount of$50.00 County administrative fee, to enable the City to file the Notice of
Exemption pursuant to Fish and Game Code §711.4 and California Code of Regulations,
Title 14, section 753.5. If, within such 48 hour period, the applicant/developer has not
delivered to the Community Development Department the check required above, the
approval for the project granted herein shall be void. (Planning)
9. Engineering
9.1. That all engineering requirements of the City of Cypress, including preparation of
improvement plans and installation of all improvements such as curbs and gutters,
sidewalks, street grading and pavement, sewer and drainage facilities,or other appurtenant
work shall be complied with as required by the City Engineer and in accordance with
specifications on file in the Office of the City Engineer, as may be modified by the City
Engineer; and, that security in the form of a bond, certificate of deposit, letter of credit,
completion guarantee, or cash, in an amount and form satisfactory to the City of Cypress,
shall be posted with the City to guarantee the satisfactory completion of said improvements.
Said security shall be posted with the City prior to the issuance of a building permit or final
map approval, whichever occurs first, to guarantee the installation of the related
improvements prior to final building and zoning inspections in accordance with an approved
construction phasing plan.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)
• Community Development Department • Planning Division •
58
Exhibit"C"
Amendment to Conditional Use Permit No.86-11 Page 6
Conditions of Approval
9.2. 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. (Engineering) (Easement Subordination)
9.3. Prior to any street construction or relocation,when there are monuments in the project area
which control the location of subdivisions, streets or highways, or provide survey control,
the developer shall locate and reference the monuments and shall reset them after
construction as required by Section 8771 of the Business and Professions Code,in a manner
meeting the approval of the City Engineer. (Engineering)
9.4. The applicant shall make all submittals, including engineering,building,grading,water
quality,and inquiries through the department's online plan check and permit application at
https://cypressca.viewpointcloud.com or as determined by the City Engineer.
(Engineering)
9.5. For any work that occurs within the City of Los Alamitos,the owner/applicant shall
comply with all rules,regulations,permits,standards,plan approvals,and
requirements of Los Alamitos.
10. Landscaping within the Public Right-of-Way ''"""
10.1. The applicant or his successor in interest shall maintain all landscaping planted in the public
right-of-way located along the frontage of their property in a healthy and safe condition.
(Engineering, Maintenance)
11. Sewer and Wastewater
11.1. The developer shall construct new private sewer laterals with cleanouts at a location
approved by the City Engineer. (Engineering)
11.2. All sewer lines within the development shall be private sewer lines and shall be maintained
and cleaned by the developer, or successor in interest. The City of Cypress shall have no
responsibility for maintenance of the private sewer lines. (Engineering)
12. Street Trees
12.1. If trees are planted within the public right of way,they shall be installed in accordance with
the approved street landscape plan subject to the approval of the City Engineer.
(Engineering)
12.2. The applicant or successor in interest shall trim all trees in the public right-of-way by
following the City's tree trimming policy annually or as prescribed by the City Engineer
and maintain the trees in a healthy and safe condition. (Maintenance)
13. Street Lighting—N/A
• Community Development Department• Planning Division •
. 59
Exhibit"C"
Amendment to Conditional Use Permit No. 86-11 Page 7
Conditions of Approval
14. Streets
14.1. Prior to the issuance of any certificate of occupancy, including temporary, the applicant
shall install new driveway approaches that are compliant with the American Disabilities
Act along the property frontage on Cerritos Avenue. The developer shall comply with the
following requirements regarding the improvements:
• Construct all improvements in accordance with Cypress Public Works standards
and specifications to satisfaction of the City Engineer.
• Prior to construction,obtain and pay for a permit and inspection services. As part
of the permit, maintain a schedule on file with the City Engineer for the work.
Contractor shall also obtain and pay for an encroachment permit from the City of
Los Alamitos.
• Adjust utility vaults and boxes to grade in accordance with the corresponding
utility's requirements and standards.
• Relocate any utilities as necessary securing the appropriate approvals from the
respective utilities.
• If necessary, grant easements to the City for pedestrian purposes for any sidewalk
or driveways for compliance with ADA requirements prior to issuance of a permit
for construction.
(Engineering)
14.2. Remove and replace any damaged street, pavement, sidewalk, curb and gutter, or any
other public improvements as a result of work associated with this project and
appropriately clean the area to the satisfaction of the City Engineer.
14.3. The applicant shall submit a street design plans for approval by the City Engineer for all
proposed City streets or any work within existing public right of way. Street name signs
and traffic signs shall be installed per City Standards. (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)
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) (Map Act Requirements)
15.2. A Reciprocal Access and Shared Use Agreement to maintain access to the
driveway and all parking areas between the Church and the school is required. The
agreement shall be approved by the City Attorney and the Planning Director, be
recorded against both parcels with the Orange County Recorder's Office, and continue
to be valid upon change of ownership of the properties subject to the agreement.
16. Traffic
• Community Development Department•Planning Division •
60
Exhibit"C"
Amendment to Conditional Use Permit No.86-11 Page 8
Conditions of Approval
3
16.1. The access driveway to the development shall be designed such as there is minimal
impact on the vehicle's tire upon ingress and egress from the driveway, as approved by
the City Engineer. (Engineering)
16.2. The quantity, location, width, and type of public driveways shall be subject to the
approval of the City Traffic Engineer. Prior to construction of any driveway approach
upon public street right-of-way,the applicant shall obtain a public works permit.
(Engineering) (Driveways)
16.3. Prior to the issuance of any grading permits, the applicant shall provide adequate sight
distance per Engineering Standard Plan 204 and 205 at all street intersections,driveways,
and parkways, in a manner meeting the approval of the City Traffic 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. (Engineering) (Sight Distance)
16.4.Prior to the issuance of any grading permit, the applicant shall, if necessary, grant
easements to the City for traffic signal purposes for any traffic signal equipment
necessary for construction of the signalized intersection.
17. Utilities
17.1. Prior to issuance of a certificate of occupancy, the applicant shall install all new utility
services underground. (Engineering)
17.2. 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)
17.3. The owner/applicant shall be responsible for any and all utility relocations necessary for
the project, and pay all fees and acquire all permits necessary for the work.
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 signed and stamped by a registered California civil engineer and using actual
grades from an Orange County Surveyor's Benchmark. (Engineering)
The applicant shall ensure the following requirements are met:
- Drainage is solved to the satisfaction of the City Engineer and Building Official.
- 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.
•Community Development Department•Planning Division•
61
Exhibit"C"
Amendment to Conditional Use Permit No.86-11 Page 9
Conditions of Approval
I L - 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.
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 Region National Pollutant Discharge Elimination System (NPDES)
Permit Order No. R8-2009-0030 as amended by Order No. R8-2010-0062.
19.2 Prior to the issuance of any grading or building permits, the applicant shall submit for
review and approval by the City Engineer, a Final Water Quality Management Plan
(WQMP). The WQMP must 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. The WQMP must identify the
routine structural and non-structural measures specified in the current Drainage Area
Management Plan (DAMP) and utilize the Orange County Technical Guidance
Document(OC TGD)as well as the Model WQMP.
r
Applicable WQMP projects must also:
• Utilize the City's current WQMP template;
, • Utilize the City's online WQMP application system for submittal;
• Address site Design BMPs (as applicable) such as minimizing impervious areas,
maximizing permeability, minimizing connected impervious areas, creating
reduced or zero discharge areas, and conserving natural areas;
• Incorporate Routine Source Control BMPs as defined in the DAMP;
• Include post-construction Treatment Control BMP(s)as defined in the DAMP;
• Include and Operations and Maintenance(O&M)Plan that(1)describes the long-
term operation and maintenance requirements for pos-construction Treatment
Control BMP(s); (2) identifies the entity that will be responsible for long-term
operation and maintenance of the referenced Treatment Control BMP(s); (3)
describes the mechanism for funding the long-term operation and maintenance of
the references Treatment Control BMP(s); (4) includes the Water Quality
Implementation Covenant and Agreement.
19.3 Prior to issuance of and grading or building permits, the applicant must submit a
certified copy of the approved Final Water Quality Management Plan (WQMP) along
• Community Development Department•Planning Division•
62
Exhibit"C"
Amendment to Conditional Use Permit No. 86-11 Page 10
Conditions of Approval
with the final approved Grading Plan and all other supporting documentation on a USB
flash drive in a single digital file(pdf)format acceptable to the City Engineer.The Final
WQMP 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 DAMP and OC TGD. alterations to the site
and the site plan may be required as prescribed by the City Engineer to the WQMP.Any
significant alteration to the site plan due to the Final WQMP may require approval of
the Council for the revision.Additionally,the WQMP must identify a responsible party
and implement funding sources for maintaining post construction BMPs 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.
19.4 Each 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. Prior to the issuance
of a certificate of occupancy, the applicant (s) or Owner(s) must 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 and Maintenance Covenant
and Agreement 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
• Demonstrate that copies of the project's approved WQMP and Covenant and
Agreement (with attached O&M Plan) are available for each of the initial
occupants
• Agree to provide pay a compliance deposit to pay for any required inspections
and any additional non-compliance inspections as the City deems necessary
• Submit certified record drawings as well as the project engineer's post-
construction certification as well as the owner's post construction certification on
a template provided by the City
• 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, Maintenance Covenant and Agreement
and O&M Plan.
• Community Development Department•Planning Division•
63
Exhibit"C"
Amendment to Conditional Use Permit No.86-11 Page 11
Conditions of Approval
• Demonstrate that each applicant has prepared to be RECORDED one of the
following:
1. The CC&R's (that must include the approved WQMP, Maintenance
Covenant and Agreement and O&M Plan) for the project's Homeowner's
Association;
2. A Water Quality Implementation Covenant and Agreement that has the
approved WQMP and O&M Plan attached; or
3. The final approved Water Quality Management Plan (WQMP) and
Operations and Maintenance (O&M) Plan. (Engineering, Water Quality)
(NPDES/WQMP Compliance Measures)
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.
19.6 All exterior metal building surfaces,including roofs,must be coated with rust-inhibitive
paint to prevent corrosion and release of metal contaminants into the storm drain system
prior to occupancy.
19.9 Trash enclosures and/or recycling area(s)must include a structure to cover the enclosure
with a solid roof design below to direct stormwater away from entering the enclosure.
■- All litter/waste material must be kept in leak-proof containers. Area(s) must be paved
with impermeable material. No other area may drain onto these areas. The trash
enclosure and/or recycling area(s) may not drain to the storm drain system and all
cleanups must be performed using dry cleanup methods. Additionally,there must be a
posted sign on the trash enclosure informing users that hazardous materials are not to
be disposed therein. Additionally, trash enclosures may be required to be modified to
meet the current solid waste requirements.
19.10 If a kitchen and or cafeteria is provided, any food facility must be designed with
contained areas for cleaning mats, equipment and containers. This wash areamust be
inside or covered and designed to prevent run-on or runoff from the area. The area may
not discharge to the storm drain;indoor or covered area wash waters must drain through
a grease interceptor to the sanitary sewer or be collected for ultimate disposal to the
sanitary sewer or an authorized location (pumped/trucked offsite). Wash areas located
outside must be covered and bermed; wash water must be collected and pre-treated
through a grease interceptor and not allowed to drain to storm drain.Additionally,there
must be a sign posted instructing that all washing activities be conducted in this area.
Employees must be instructed,and signs posted indicating that all washing activities be
conducted in this area.Additionally,food facilities are required to obtain a FOG permit
through the City's online application and permitting system prior to project close-out
and or the issuance of a certificate of occupancy.
19.11 Decorative fountains andP onds must be designed with no connection to the storm drain
system.The discharge of non-stormwater from fountains and ponds must not be allowed
{ to drain to the storm drain system.
1
• Community Development Department• Planning Division •
9
64
Exhibit"C"
Amendment to Conditional Use Permit No.86-11 Page 12
Conditions of Approval
19.12 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 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.
19.13 For projects that disturb one(1)acre or more of soil or are part of a larger common plan
of development,prior to the issuance of any grading or building permits, the applicant
must demonstrate compliance with California's General Permit for Storm Water_
Discharges Associated with Construction Activity(Permit No. CAS000002/Order WQ
2022-0057-DWQ) 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 must prepare and implement a Storm Water Pollution Prevention Plan
(SWPPP).A copy of the current SWPPP must be kept at the project site and be available
for City review on request.The applicant must ensure that the SWPPP is consistent with
any City approved plan including the grading plan, site plan, building plans, and water
quality management plan.
19.14 If a change of any site ownership takes place for the entire development or portions of
the common plan of development where construction activities are still on-going, the
development must provide the City with Proof of a Change of Information form (COI)
in accordance with the current State Construction General Permit(CGP).
19.15 Prior to issuance of any certificate of occupancy,the applicant(s) must clean all on site
storm drain systems, catch basins, filters, storm drain lines, inlet boxes, post-
construction BMPs,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.
19.16 Each owner is responsible for maintaining and operating all on-site private
improvements.
19.17 All property areas must be maintained free of litter/debris.
•Community Development Department•Planning Division•
65
Exhibit"C"
Amendment to Conditional Use Permit No.86-11 Page 13
Conditions of Approval
19.18 All onsite storm drains must be cleaned at least twice a year; once immediately before
October 1st(the beginning of the rainy season),and once in January.Additional cleaning
may be required by the City Engineer.
19.23 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.
19.24 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.
19.25 No person or person(s) shall make any modifications to drainage approved in the
grading plan or approved WQMP without prior written approval from the City
Engineer.
19.26 Any CUP applicant or its successor shall be responsible for the cost of any water quality
inspections by the City that are mandated by the State of California or by the U.S.
Environmental Protections Agency(USEPA)presently or in the future.
19.27 The Improvement Bond must incorporate all post-construction stormwater devices from
0•ms the approved WQMP.These costs will be provided in the WQMP for review and inclusion
in the Improvement Bond and shall cover device defects as well as malfunctions and
�.. possible replacement in the event the device is damaged or not operating per the
manufacturer's specification or intended design.
19.28 The applicant(s) and site owner(s)will be subject to all requirements of Section 13-29 of
the Cypress Municipal Code regarding stormwater pollution prevention including,but not
limited to, an Operations and Maintenance Verification Certification — WQMP Post
Construction through the City's online application and permitting system,prior to issuance
of a final certificate of occupancy.
19.29 The applicant shall submit the WQMP and Drainage Report to the City of Los
Alamitos for review to verify impacts to City of Los Alamitos storm drain.
20. Building and Safety
20.1.Applicant/developer shall provide a single point of contact for all phases of the permitting
process and the construction process.The point of contact may be different for permitting
and construction. The applicant/developer will provide a 24-hour contact number. This
person will be responsible for all communications with Building and safety including but
not limited to application, plan submittal, permit issuance, inspection requests and any
other requests or inquiries. (Building and Safety)
■•. 20.2. The applicant will schedule a pre-construction meeting with both the Building Official
rrr and City Engineer (or desginees) prior to any work starting on the project site. The
meeting shall take place one to two weeks prior to the start of construction. All
contractors including their superintendents,designers/engineers will be required to attend
• Community Development Department•Planning Division•
66
Exhibit"C"
Amendment to Conditional Use Permit No.86-11 Page 14
Conditions of Approval
unless otherwise directed by the Director of Public Works. (Building and Safety,
Engineering)
20.3. 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 permit is obtained from the City Engineer. (Building&Safety)
20.4. 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)
20.5. Delivery, loading and unloading of construction materials shall occur on site and not
within the Public Right of Way unless a permit is obtained from the City Engineer.
(Building and Safety)
20.6.Applicant/developer shall obtain the required permits and comply with applicable
provisions of the 2023 California Residential, Building, Plumbing, Electrical, and
Mechanical Codes, the 2023 California Green Building Standards Code, Title 24, and the
City of Cypress Codes. (Building&Safety)
20.7. 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)
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 for commercial buildings shall be as follows: (Police Department)
• 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.
• 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).
• 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.
•Community Development Department•Planning Division•
67
Exhibit"C"
Amendment to Conditional Use Permit No.86-11 Page 15
Conditions of Approval
21.3. 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 Irrevocable reciprocal access easements for emergency access purposes to the benefit of the
City of Cypress shall be recorded concurrently with the final map or,where no final map is
required,prior to approval of the fire master plan. (OCFA)(Emergency Access Easements)
25.2 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(service code PR145)
o The Fire Master Plan must show fire hydrants provided along the length of the
fire lane at the intervals and quantities specified in CFC Appendix C.
!"'"' o The Fire Master Plan must show the fire lane in compliance with all OCFA
requirements or provide a swept path analysis, with OCFA fire apparatus
dimensions, to show that fire apparatus can negotiate the proposed fire lane.
26. Solid Waste
26.1. The applicant shall construct new or modify its existing trash enclosure structures to
house all required solid waste containers (trash, recycle, organics) and possess a solid
covered roof that prohibits stormwater to enter and then discharge from the enclosure.
(Public Works, Water Quality) (Trash Enclosures)
26.2. The applicant shall subscribe to solid waste services from the City's solid waste hauler
with no less than one time per week service for trash, recycling, and organics recycling.
These shall be properly maintained and not allowed to overflow. Source separated
organic recycling is required unless alternatives are approved in writing from the Public
Works Director. (Public Works, Water Quality)
26.3. For phased construction, as buildings are occupied, the applicant shall ensure there is
adequate room and clearance for solid waste trucks and for placement of construction
bins on site during construction. Access ways shall not be blocked without written
approval of the Building Official. (Public Works)
111 26.4. The applicant shall not install a trash compactor at the site without first having received
written approval from the City's solid waste hauler. (Public Works)
•Community Development Department•Planning Division•