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Resolution No. 6396206 RESOLUTION NO. 6396 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 2013 -08 - WITH CONDITIONS. THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS: WHEREAS, an application was filed for a Conditional Use Permit in accordance with the provisions of 4.19.070.1 of the Zoning Ordinance of the City of Cypress to extend the Los Alamitos Race Track located at 4961 Katella Avenue, within the PS -1A Public and Semi - Public Zone. WHEREAS, the City Council, after proper notice thereof, duly held a public hearing on said application as provided by law. NOW, THEREFORE, the CITY COUNCIL of the CITY of CYPRESS, CALIFORNIA, does hereby FIND, RESOLVE, DETERMINE, and ORDER, based upon substantial evidence taken from the administrative record and at the public hearing, AS FOLLOWS: a. The proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purpose and intent of the PS -1A Public and Semi - Public Zone in which the site is located, which is: "Intended to set aside properties to be developed with public uses, other than street rights -of -way, and to identify and preserve areas of historic and community significance for the enjoyment of future generations." b. The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity in that: (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. (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. (3) The proposed conditional use would comply with all applicable provisions of this Zoning Ordinance and the Amended and Restated Cypress Business & Professional Center Specific Plan. (4) The extension of the Race Track would be consistent with the goals and policies of the City of Cypress General Plan for the Specific Plan land use designation in which it is located. (5) There is sufficient infrastructure and public services to accommodate the proposed Race Track extension. (6) In accordance with the California Environmental Quality Act (CEQA) Guidelines, a Mitigated Negative Declaration has been prepared for the project. It has been determined that with mitigation, no significant impacts to the environment would occur from the proposed project. c. The proposed conditional use will comply with all applicable provisions of the Cypress Zoning Ordinance and the Amended and Restated Cypress Business & Professional Center Specific Plan. 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. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the 207 City of Cypress does hereby approve Conditional Use Permit No. 2013 -08, subject to the conditions attached hereto as Exhibit "A ". PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 9th day of December, 2013. ` /^ MAYO THE CITY OF CYPRESS ATTEST: 1L 0604a_AA/1 CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DENISE BASHAM, 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 9th day of December, 2013, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Yarc, Narain, Bailey, Johnson and Mills NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None i�- u--- 12'l CITY CLERK OF THE CITY OF CYPRESS 208 EXHIBIT "A" Conditional Use Permit No. 2013 -08 and Design Review Committee Permit No. 2013 -03 4961 Katella Avenue CONDITIONS OF APPROVAL Bolded conditions represent Environmental Mitigation Measures set forth in the Initial Study/ Environmental Checklist and other conditions that are specific to the project. 1. General Conditions 1.1. Unless and until the project applicant and property owner sign and return a City- provided affidavit accepting these conditions of approval, there shall be no entitlement of the application. The project applicant and property owner shall have 15 calendar days to return the signed affidavit to the Community Development Department. Failure to do so will render City Council action on the application void. (Planning) 1.2. The applicant shall defend, indemnify, and hold harmless, the City and any agency thereof, or any of its agents, officers, and employees from any and all claims, actions, or proceedings against the City or any agency thereof, or any of its agents, officers or employees, to attack, set aside, void or annul, an approval of the City, or any agency thereof, advisory agency, appeal board, or legislative body, including actions approved by the voters of the City, concerning the project, which action is brought within the time period provided in Government Code Section 66499.37 and Public Resources Code, Division 13, CH. 4 (§ 21000 et seq. - including but not by way of limitation § 21152 and 21167). City shall promptly notify the applicant of any claim, action, or proceeding brought within this time period. (City Attorney) 1.3. The applicant's contractor shall provide the City with a Certificate of Insurance on City form evidencing a comprehensive liability insurance policy with a combined single limit of not less than $500,000 each occurrence in connection with the work performed. Certificate shall include the City, its Council, officers, members of boards or commissions and employees as additional Named Insureds with respect to all claims, actions, damages, liabilities and expenses, including attorney's fees, arising out of or in connection with the work to be performed under the development executed by the Named Insured and the 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. (City Attorney) 1.4. The applicant shall comply with all applicable provisions of the Code of the City of Cypress. (Planning) 1.5. All requirements of the Orange County Fire Authority (OCFA), and Cypress Building and Safety Division shall be satisfied prior to use of the extended Race Track area. (Planning) 1.6. All applicable conditions of the project shall be complied with prior to use of the extended Race Track area. (Planning) • Community Development Department • Planning Division • Exhibit "A" Conditional Use Permit No. 2013 -08 and Design Review Committee Permit No. 2013 -03 Conditions of Approval Page 2 209 1.7. Any and all correction notice(s) generated through the plan check and /or inspection process is /are hereby incorporated by reference as conditions of approval and shall be fully complied with by the owner, applicant, and all agents thereof. (Planning) 2. Planning 2.1. 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 Should substantiated complaints be received regarding the operation of the extended Race Track area, this conditional use permit may be modified and /or revoked, subject to a public hearing and applicable law. (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. The project shall comply with all mitigation measures as referenced in the Mitigated Negative Declaration prior to use of the extended Race Track area. (Planning) 2.5. Prior to use of the extended Race Track area, the applicant shall ensure that the parking spaces are clearly delineated with paint and are not faded or otherwise obscured by asphalt degradation. (Planning) 2.6. The applicant shall maintain a minimum of 4,000 parking spaces available for patrons of the Race Course. In the event the parking demand exceeds the parking currently provided onsite, the applicant shall pay for a parking study to determine if a parking structure is warranted on the site. (Planning) 2.7. Prior to the addition or construction of any new permanent barns on the property, the applicant shall present detailed plans for the same to the City of Cypress Planning Division, which shall then determine if an amendment to this conditional use permit would be required. In the event the Planning Division determines that an amendment to this conditional use permit is required in connection with the construction of new permanent barns, the applicant shall not commence construction of the same until such amendment has been obtained. (Planning) 2.8. The applicant shall make a good -faith effort to make all retail point of sales, including the sale of horses, hay, horse tack, and sales or services related to Race Course operations, from business addresses located within the City of Cypress. (Planning) 2.9. The applicant agrees and shall provide a list of vendors to the City of Cypress on a semi- annual basis. (Finance) • Community Development Department • Planning Division • Exhibit "A" Conditional Use Permit No. 2013 -08 and Design Review Committee Permit No. 2013 -03 Conditions of Approval Page 3 210 2.10. The owner of the Race Course shall ensure that all pari - mutuel wagering be reported and submitted in accordance with State law. (Planning) 2.11. During clearing, grading, earth moving or excavation operations, excessive fugitive dust emissions shall be controlled by regular watering, or other dust preventative measures, using the following procedures, as specified by the South Coast Air Quality Management District's Rules and Regulations: • All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is done for the day. • All material transported on -site or off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. • The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. • These control techniques shall be indicated in project specifications. Compliance with this measure shall be subject to periodic site inspections by the City. • Visible dust beyond the property line emanating from the project shall be prevented to the maximum extent feasible. (Mitigation Measure AQ -1) 2.12. Prior to issuance of a building permit for development within the extension site that would penetrate the 100:1 imaginary surface, the project applicant shall submit FAA Form 7460 -1, "Notice of Proposed Construction or Alteration," to the Chief, Air Traffic Division, of the appropriate FAA regional office. The applicant shall comply with all appropriate FAA standards and requirements. The findings of the FAA shall be transmitted to the City prior to issuance of a building permit. (Source: Mitigation Measure #17, Section IX.D, Specific Plan.) (Mitigation Measure LU -1) 2.13. Prior to grading permit issuance, the construction contractor shall demonstrate, to the satisfaction of the City of Cypress Community Development Department, the following: • Construction contracts shall specify that construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other State - required noise attenuation devices. • Construction noise reduction methods such as shutting off idling equipment, installing temporary noise acoustic barriers around stationary construction noise sources, maximizing the distance between equipment staging areas and occupied residential areas, and use of electric air compressors and similar power tools, rather than diesel equipment, shall be used where feasible. • During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receptors. • All construction entrances shall clearly post construction hours, allowable workdays, and the phone number of the job superintendent. This will allow surrounding owners and residents to contact the job superintendent with • Community Development Department • Planning Division • Exhibit "A" Conditional Use Permit No. 2013 -08 and Design Review Committee Permit No. 2013 -03 Conditions of Approval Page 4 211 concerns. If the developer receives a noise complaint, appropriate corrective actions shall be implemented and a report taken indicating the action with a copy of the report provided to the reporting party upon request. (Mitigation Measure NOI -1) 3. Architectural – N/A 4. Signage – N/A 5. Landscaping 5.1. A detailed landscape and automatic irrigation plan shall be submitted to the Cypress Planning Division for review and approval within 60 days from the approval date of this conditional use permit. In addition, a bond shall be posted with the Public Works Department 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 installed prior to the use of the extended Race Track area and be permanently maintained in a neat and orderly condition. (Planning) 5.2. The landscaping plan shall comply with all applicable provisions of the City's water efficiency ordinance. (Planning) 5.3. The applicant shall be required to obtain a Landmark Tree Removal Permit from the City prior to the removal of any landmark trees on the site. All replacement trees shall be of a variety approved by the Director of Community Development. (Planning) 5.4. Any landmark trees removed as part of the project shall be replaced onsite with an equivalent number of specimen trees (48 -inch box or larger) to be incorporated into the landscaping treatment for the project site. The existing number of landmark trees shall be catalogued prior to any work commencing on the extension site, in order to determine the accurate replacement for offset mitigation. Replacement trees shall be provided in addition to the normal tree planting requirements. (Source: Mitigation Measure #49, Section IX.D, Specific Plan.) (Mitigation Measure BIO -2) 5.5. If tree or vegetation removal occurs during the nesting season (February 15 to August 31), no more than 5 days prior to any ground- disturbing activities, including vegetation removal or grading, the project applicant will retain a qualified biologist to conduct a nesting bird survey to determine if nests are active or occupied onsite. If passerine birds are found to be nesting, or there is evidence of nesting behavior within 250 feet of the impact area, a 250 -foot buffer shall be established around the nests. For raptor species — birds of prey such as hawks and owls —this buffer shall be 500 feet, whereas for special - status raptor species, the buffer shall be 0.5 mile. A qualified biologist shall monitor the nests, and construction activities may commence within the buffer area at the discretion and presence of the biological monitor. No pre- construction survey for nesting birds are • Community Development Department • Planning Division • Exhibit "A" Conditional Use Permit No. 2013 -08 and Design Review Committee Permit No. 2013 -03 Conditions of Approval Page 5 212 required if construction activities occur outside of the nesting bird season (September 1 through February 14). (Mitigation Measure BIO -1) 6. Operational 6.1. In accordance with the requirements of the Cypress Zoning Code, mechanical devices associated with the cleaning and maintenance of real property may be used within any zone between the hours of 7:00 a.m. and 8:00 p.m. on weekdays and between the hours of 8:00 a.m. and 8:00 p.m. on weekends and federal holidays. Such devices include but are not limited to stationary or mobile pumps, fans, compressors, generators, blowers, and sweepers. (Planning) 6.2. Thoroughbred racing within the extended Race Track area shall be limited to daylight hours only, during the months of July and December, for a maximum of 20 days per calendar year. Any expansion of the proposed racing dates and times will require an amendment to this conditional use permit. (Planning) 6.3. 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. The parking lot area 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) 7.2. 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) 8. Fees 8.1. Prior to issuance of a grading permit, or as noted below, the applicant shall pay for the following fees per Resolution No. 6118, except as otherwise noted below. (Engineering & Building and Safety) - Drainage Fee for Master Drainage Plan - Grading / On -Site (Non- Structural) Plan Check (Prior to Submittal of Grading Plans) - Grading Permit and Inspection (Prior to Permit Issuance) (B &S) Building Plan Check (Prior to Submittal of Plans) (B &S) - Building Permit and Inspection (Prior to Permit Issuance) (B &S) 8.2. Within 48 hours of the approval of the project, the applicant shall deliver to the Community Development Department the required Fish and Game impact fee in the form of a check payable to the County Clerk- Recorder in the amount of $2,156.25 (this fee already includes a $50.00 County administrative fee), to enable the City to file the Notice of Determination • Community Development Department • Planning Division • Exhibit "A" Conditional Use Permit No. 2013 -08 and Design Review Committee Permit No. 2013 -03 Conditions of Approval Page 6 213 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 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 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. (Engineering) 9.2. The applicant shall submit all grading plans per the Public Works Department 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. Landscaping in the Public Right -of -Way — N/A 11. Sewer and Wastewater — N/A 12. Street Trees — N/A 13. Street Lighting — N/A 14. Streets 14.1. The applicant shall remove and replace any existing public improvements at the development site which are damaged due to construction to the satisfaction of the Engineering Division Manager. (Engineering) 15. Subdivisions — N/A 16. Traffic — N/A 17. Utilities — N/A 18. Drainage 18.1. Prior to issuance of grading or building permits or recordation of the subdivision map, whichever comes first, at the direction of the Engineering Division Manager, 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 Engineering Division Manager. • Community Development Department • Planning Division • Exhibit "A" Conditional Use Permit No. 2013 -08 and Design Review Committee Permit No. 2013 -03 Conditions of Approval The applicant shall ensure the following requirements are met: Page 7 214 - Drainage is solved to the satisfaction of the Engineering Division Manager. - The Grading Plan is consistent with the Non - Priority Project Water Quality Plan (NPPWQP), Site Plan and any Improvement Plan for proposed public storm drains. - 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 Engineering Division Manager. - Drainage facilities discharging onto adjacent property shall be designed to imitate the manner in which runoff is currently produced from the site or alternatively, the applicant may obtain a drainage acceptance and maintenance agreement, suitable for recordation, from the owner of said adjacent property. - All drainage facilities must be consistent with the County of Orange Grading Ordinance as supplemented by the Engineering Division and Local Drainage Manual. - Submittal of drainage studies, when determined necessary by the Engineering Division Manager, indicating how the project grading, in conjunction with the drainage conveyance systems including applicable swales, channels, catch basins, storm drains, and flood water retarding, will allow improvements to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100 -year flood. (Engineering) 18.2. Prior to the approval of final inspection, the applicant shall construct all required drainage improvements, or provide evidence of financial security (such as bonding), in a manner meeting the approval of the Engineering Division Manager. If a bond is provided, the applicant shall construct all drainage improvements prior to approval of final inspection. (Engineering) 19. Storm Water Quality — National Pollutant Discharge Elimination System 19.1. Prior to issuance of a grading permit, the project applicant shall enroll electronically through the State Stormwater Multi- Application, Reporting, and Tracking System (SMARTS) program to comply with the State of California General Construction Permit. Proof of enrollment must be submitted to the City of Cypress before issuance of grading or building permits. Also, a Storm Water Pollution Prevention Plan (SWPPP) shall be reviewed and approved by the Director of Public Works and the City Engineer for water quality construction activities on -site. A copy of the SWPPP shall be available and implemented at the construction site at all times. The SWPPP shall outline the source control and /or treatment control BMPs to avoid or mitigate runoff pollutants at the construction site to the "maximum extent practicable." (Mitigation Measure HYD -1) • Community Development Department • Planning Division • Exhibit "A" Conditional Use Permit No. 2013 -08 and Design Review Committee Permit No. 2013 -03 Conditions of Approval Page 8 215 19.2. The project applicant shall implement the Best Management Practices identified in the NPPWQP. (Mitigation Measure HYD -2) 19.3. Prior to the issuance of building permits, the applicant shall submit a certified copy of the approved NPPWQP plan along with the final approved Grading Plan and all other supporting documentation on a Compact Disc in digital file format acceptable to the Engineering Division Manager. (Engineering, Water Quality) 19.4. 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 Engineering Division Manager. Projects subject to this requirement shall prepare and implement a 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 the NPPWQP. (Engineering, Water Quality) The applicant is directed to Chapter 12 Health and Sanitation, Article IV Cypress Water Quality, Section 13 -23 (a) (9) regarding required submittal for a NPPWQP to control urban runoff. This project has been classified as a non - 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 NPPWQP 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 Non - Priority Project Water Quality Plan does not guarantee approval of the Final Non - Priority Project Water Quality 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 Public Works or Director of Community Development to the NPPWQP. 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 NPPWQP may then require approval of the Council of the revised site plan. Additionally, as required under the NPDES Permit, attention is directed that the NPPWQP 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 • Community Development Department • Planning Division • Exhibit "A" Conditional Use Permit No. 2013 -08 and Design Review Committee Permit No. 2013 -03 Conditions of Approval available for inspection of said devices. (Engineering, Water Quality) Page 9 216 19.6. Prior to use of the extended Race Track area, the applicant shall clean all on site storm drain systems, catch basins, filters, storm drain lines, inlet boxes, etc. Additionally, upon direction of the Engineering Division Manager, the applicant shall clean any public storm drain systems, catch basins, filters, lines, inlet boxes that the Engineering Division Manager has determined have been impacted by the applicant's construction. If clean -up is not performed, the City may make arrangements to clean the system at developer's expense. (Engineering, Water Quality) 19.7. Prior to the approval of final inspection, the applicant shall demonstrate compliance with the City's NPDES Implementation Program in a manner meeting the satisfaction of the Engineering Division Manager and Water Quality Manager, including: - Demonstrate that all structural Best Management Practices (BMPs) described in the BMP Exhibit from the project's approved NPPWQP 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 NPPWQP. - 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 NPPWQP). - Demonstrate that copies of the project's approved NPPWQP (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 approval of final inspection for the project to verify compliance with the approved NPPWQP and O &M Plan. Demonstrate that the applicant has RECORDED one of the following: • A water quality implementation agreement that has the approved NPPWQP plan and O &M plan attached; or • The final approved NPPWQP Plan and O &M Plan. (Engineering, Water Quality) 19.8. 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 Engineering Division Manager 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 • Community Development Department • Planning Division • Exhibit "A" Conditional Use Permit No. 2013 -08 and Design Review Committee Permit No. 2013 -03 Conditions of Approval Page 10 217 project site and be available for City review on request by either the Building or Engineering Division. The ESCP will be inspected by the Building Division. (Engineering, Water Quality) 19.9. The applicant shall place sufficient trash receptacles outside to collect trash generated by its patrons. No less than one receptacle shall be provided. These shall be properly maintained and not allowed to overflow. (Engineering, Water Quality) 20. Building and Safety 20.1. Applicant shall obtain the required permits and comply with applicable provisions of the 2013 California Residential, Building, Plumbing, Electrical, and Mechanical Codes, the 2013 California Green Building Standards Code, Title 24, and the City of Cypress Codes. (Building & Safety) 20.2. Grading and exterior building construction activities shall be limited to the hours 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. No construction activity shall be allowed on Sundays or federal holidays. In addition, construction equipment shall be equipped with effective muffling devices. Compliance with this measure is subject to field inspection by City staff. (Building & Safety) 20.3. A stamped soil investigation report shall be submitted with the plans for plan check. Report shall include soil bearing capacity, seismic study, in compliance with the Seismic Hazard Mapping Act of the State of California, grading, paving, sulfate test, and other pertinent information under good engineering practice. (Building & Safety) 20.4. 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 from the Public Works Department. (Building & Safety) 20.5. Prior to the approval of final inspection, as required by California State Health and Safety Code Section 19850, the applicant shall provide copies of the stamped approved plans and any revisions on CD in PDF format to the City of Cypress Building Division to serve as the official file copy of the approved building plans. (Building & Safety) 20.6. Building plans shall be stamped by a licensed engineer. (Building & Safety) 20.7. A pre - grading SWPPP inspection is required prior to grading permit issuance. All required grading storm water BMPs shall be installed and inspected by the building division prior to release of the grading permit. (Building & Safety) • Community Development Department • Planning Division • Exhibit "A" Conditional Use Permit No. 2013 -08 and Design Review Committee Permit No. 2013 -03 Conditions of Approval 21. Security — N/A 22. Antennas — N/A 23. Alcohol — N/A 24. Alcohol — On Sale General — N/A 25. Alcohol — Off Sale Beer & Wine — N/A 26. Fire — Residential — N/A 27. Fire — Commercial — N/A Effective: 12 -9 -2013 Page 11 218 • Community Development Department • Planning Division • Exhibit "A" Conditional Use Permit No. 2013 -08 and Design Review Committee Permit No. 2013 -03 Conditions of Approval SECTIONS 1. General 2. Planning 3. Architectural 4. Signage 5. Landscaping 6. Operational 7. Property Maintenance 8. Fees 9. Engineering 10. Landscaping in the Public Right -of -Way 11. Sewer and Wastewater 12. Street Trees 13. Street Lighting 14. Streets 15. Subdivisions 16. Traffic 17. Utilities 18. Drainage 19. Storm Water Quality 20. Building & Safety 21. Security 22. Antennas 23. Alcohol 24. Alcohol — On Sale General 25. Alcohol — Off Sale Beer & Wine 26. Fire - Residential 27. Fire - Commercial Page 12 219 • Community Development Department • Planning Division •