Resolution No. 5584RESOLUTION NO. 5584
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE
ONE -YEAR EXTENSION OF CONDITIONAL USE PERMIT NO. 2001 -10 - WITH
CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed for a one -year extension of Conditional Use Permit
No. 2001 -10 (until October 8, 2003) in accordance with the provisions of Section 35, Division 7 of
the Zoning Ordinance of the City of Cypress, to allow the construction of a retail commercial center
and extended stay hotel development on the property located at the northeast corner of Katella
Avenue and Yamaha Way within the PC -1 Planned Community Business Park Zone.
2. That the City Council, after proper notice thereof, duly held a public hearing on said
application as provided by law. At the public hearing held on July 8, 2002, City Council meeting,
the City Council considered the staff report and all information, testimony, evidence and written
comments presented during the public review period and at the public hearing.
3. That the City Council hereby finds that:
a. The proposed location of the conditional use is in accord with the objectives
of the Zoning Ordinance and the purpose of the PC -1 Zone in which the site is located,
which is:
Intended as an area for the development of high quality office,
industrial and commercial tenants in order to provide a wide range of
employment opportunities and thereby widening the employee base
of the City of Cypress.
b. The proposed location of the project 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 commercial center and hotel uses will be consistent
with other uses within the PC -1 Planned Community Business Park Zone.
(2) The proposed commercial center and hotel development are
consistent with the policies contained in the Cypress General Plan.
(3) The proposed commercial center and hotel development is consistent
with the development standards of the PC -1 Planned Community Business Park
Zone.
(4) The proposed commercial center and hotel development will
contain adequate parking onsite to accommodate the proposed uses.
c. The proposed conditional uses, as conditioned, will comply with each of the
applicable provisions of the Cypress Zoning Ordinance, except for approved variances or
adjustments.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve a one -year extension of Conditional Use Permit No. 2001 -10, 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 8th day of July, 2002.
OF THE CITY OF CYPRESS
17
ATTEST:
a.
Y CLERK OF T CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
I, JILL R. INGRAM- GUERTIN, 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 8th day of July, 2002, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Keenan, Piercy, McCoy and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: McGill
Y CLERK OF T CITY OF CYPRESS
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EXHIBIT "A"
Conditional Use Permit No. 2001 -10
NE Corner of Katella Avenue and Yamaha Way
CONDITIONS OF APPROVAL
Note:
* Denotes Mitigation Measures from the Retail/Extended Stay Hotel Development Initial Study/
Environmental Checklist.
Bolded conditions represent those specific to this project.
GENERAL CONDITIONS
1. The developer 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 developer of any claim, action, or proceeding brought within this time
period. City shall further cooperate fully in the defense of the action and should the City fail
to either promptly notify or cooperate fully, developer shall not thereafter be responsible to
defend, indemnify, or hold harmless the City.
2. The developer'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 thirty (30) day cancellation notice to the City of Cypress.
3. The applicant/developer shall comply with all provisions of the Code of the City of Cypress.
4. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to
a Certificate of Occupancy being issued.
5. All applicable conditions of Conditional Use Permit No. 2001 -10 shall be complied with
prior to occupancy of the subject buildings.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 2001 -10
Conditions of Approval
Page 2
6. All business activity shall occur within the building. Temporary use permits may be
granted for outdoor activity in accordance with Section 35, Division 10, of the Cypress
Zoning Ordinance.
7. Within forty -eight (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 Forty -Three Dollars ($43.00) County administrative fee, to
enable the City to file the Certificate of Fee Exemption in accordance with the Notice of
Determination pursuant to Fish and Game Code §711.4 and California Code of Regulations,
Title 14, section 753.5. If, within such forty -eight (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.
8. Any and all correction notice(s) generated through the plan check and/or inspection
process is /are hereby incorporated by reference as conditions of approval and shall be
fully complied with by the owner, applicant and all agents thereof.
ENGINEERING CONDITIONS
9. Drainage shall be solved to the satisfaction of the City Engineer. A grading and drainage
plan, in ink on Mylar, signed by a registered California civil engineer and using actual
grades from an Orange County Surveyor's Benchmark shall be submitted for approval by
the City Engineer. A topography of the area surrounding this development shall be made to
establish existing drainage flow patterns. If the existing natural flow of any adjoining parcel
is across the land of this development, a drainage easement shall be granted and drainage
facilities provided for that property to the satisfaction of the City Engineer. All onsite
drainage conveyed to the street shall be by means of an under - sidewalk drain. Onsite
landscape shall have a slope gradient of one percent (1 %) minimum in landscape areas. In
parking areas, AC shall have a minimum slope gradient of one and one -half percent (1.5 %)
or as approved by the City Engineer, and concrete shall have a minimum slope gradient of
two - tenths percent. (.2 %). Opening in back wall of catch basin, at south adjacent property,
shall be closed per City standards.
10. Where an existing block wall is removed, the Developer shall provide suitable temporary
fencing for all adjacent properties during construction of the perimeter walls. A retaining
wall per City standards shall be constructed at the property line where the finish grade
difference is greater than twelve inches (12 "), as measured from the highest finished grade.
A six -inch (6 ") concrete curb shall be constructed per City standards to protect all block
walls and structures exposed to vehicular traffic. The property lines shall have a single
block wall only and the Developer shall obtain and submit to the City, the written
permission or denial of the adjacent property owner. Grade separation shall not exceed two
feet (2') between two (2) adjacent properties.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 2001 -10
Conditions of Approval
Page 3
11. The developer shall provide adequate "No Parking" controls within the development and
appropriate "No Parking - Fire Lane" signs shall be installed per California Vehicle Code
22658, to the satisfaction of the Building Official and County Fire Marshal. The developer
of this project shall provide adequate speed control within the development to the
satisfaction of the City Engineer. Onsite traffic circulation shall be subject to the approval
of the City Engineer.
12. Disabled access facilities shall be installed in accordance with the requirements of the
Federal Americans with Disabilities Act (ADA) and State of California Title 24.
Accessible path of travel shall be provided for all buildings.
13. Katella Avenue, Yamaha Way, and International Way shall be fully improved with curb,
gutter, sidewalk, drive closure, drive approach, paving, etc. in accordance with the City's
Code requirement of streets. A six foot (6') pedestrian sidewalk and access ramp
easement shall be dedicated along Yamaha Way and International Way.
14. All existing public improvements at the development site which are damaged due to
construction, cracked, or otherwise below standard, shall be removed and replaced to the
satisfaction of the City Engineer.
15. The quantity, location, width, and type of driveways shall be subject to the approval of
the City Engineer. An effective site distance for vehicular traffic shall be maintained at
the intersection of the driveway entrances with Katella Avenue, Yamaha Way, and
International Way. No landscaping in excess of three feet (3') high will be allowed in the
area of curb returns. Adequate sight distance also shall be maintained within the
development at all driveway intersections to the satisfaction of the City Engineer.
16. All utility services shall be underground. Trenching and backfill in streets shall be per City
of Cypress Standard No. 109. Arterials shall be crossed by boring only. In City streets
lateral open cuts spaced within twenty feet (20') of each other shall be covered with a one
inch (1 ") continuous A.C. cap.
17. Pursuant to the Transportation Demand Management (TDM) Ordinance, TDM measures
shall be applicable to all developments with a projected employee base of 100 or greater.
The developer shall include TDM improvements in the project if it meets or exceeds the
employee threshold.
18. Street trees (24 inch box) shall be installed in conformance with Sections 27.19 and 25.29.E
of Municipal Code. The number of trees shall be determined by dividing the frontage of the
property, including driveways, by 40 and rounding up. Trees shall be evenly spaced with a
minimum 50 feet from street tree to street corner curb line. Type of trees shall conform to
the City's Street Tree Ordinance. With prior approval of City Engineer, street trees may be
replaced by trees planted in conjunction with an approved on -site landscape plan.
Landscaping in Public Right -of -Way shall be installed and maintained by the developer.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 2001 -10
Conditions of Approval
Page 4
19. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer laterals
connected to existing buildings at the property shall be plugged at the property line.
20. The developer shall comply with all requirements of the FAA should any portion of the
development encroach within the 100 to 1 imaginary surface surrounding the Los Alamitos
Air Base. Encroachment within the 50 to 1 approach surface will require approval by the
FAA.
21. For landscaping within the public right -of -way, a landscape and irrigation plan shall be
submitted for approval by the City and a bond posted by the applicant to guarantee against
any defects in plant materials and workmanship. A soils report for all planting areas,
prepared by a qualified agricultural laboratory, shall be submitted to the Public Works
Department for approval at least thirty (30) days prior to planting date. Test results shall
include concentration of nitrogen, phosphorus, potassium, ph, salinity, sodium status, and
boron saturation extract.
22. Upon separate ownership of parcels, reciprocal easements shall be recorded and agreements
filed with the City governing access to each of the sites, joint use and maintenance of drive
approaches, drainage, onsite parking, irrigation system, etc. to the satisfaction of the
Community Development Department and Engineering Department. These agreements
shall be recorded prior to the close of escrow.
23. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Public Works Plan Check & Inspection (Per Resolution 5069).
• Drainage Fee for Master Drainage Plan (Per Resolution 2287).
• City -wide traffic Improvement (Per Res. 4348 and current fee Resolution).
• Regional Traffic Improvement (Per Resolution No. 4400.)
• Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD- 09).
• Grading Plan Check and Permit (Per Resolution 5069).
• All applicable Building Division fees.
*24. The developer shall comply with the Citywide Fee (Resolution No. 4348), which requires
payment of fees based on the size and use of the development. (Source: City of Cypress
Engineering Department). (Mitigation Measure No. 9)
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 2001 -10
Conditions of Approval
Page 5
*25. The developer shall comply with the Citywide Fee (Resolution No. 4400), which requires
payment of fees based on the size and use of the development. (Source: City of Cypress
Engineering Department). (Mitigation Measure No. 10)
26. Developer /property owner shall obtain a Notice of Intent from the State of California
Regional Quality Control Board, as the 5.9 acre site will result in the disturbance of five
(5) acres or more. A copy of the Notice of Intent acknowledgment from the State of
California Regional Water Quality Control Board must be submitted to the City of
Cypress before issuance of grading permits.
*27. Prior to issuance of grading permits, Best Management Practices (BMP's) shall be
developed in compliance with Orange County's municipal NPDES permit program.
Specific measures shall include:
• Siltation of drainage devises shall be handled through a maintenance program to
remove silt/dirt from channels and parking areas.
• Surplus or waste materials from construction shall not be placed in drainage ways
or within the 100 -year floodplain surface waters.
• All loose piles of soil, silt, clay, sand, debris, or other earthen materials shall be
protected in a reasonable manner to eliminate any discharge to waters of the State.
• During construction, temporary gravel or sandbag dikes shall be used as necessary
to prevent discharge of earthen materials from the site during periods of
precipitation or runoff.
• Stabilizing agents such as straw, wood chips and/or soil sealant/dust palative shall
be used during the interim period after grading in order to strengthen exposed soil
until permanent solutions are implemented.
• Revegetated areas shall be continually maintained in order to assure adequate
growth and root development. (Mitigation Measure No. 7)
*28. The developer /property owner shall submit a SWPPP which identifies construction and
post construction BMP's to the Engineering Division for review and approval.
(Mitigation Measure No. 8)
*29. Prior to issuance of building permits, the applicant shall submit for approval of City
Building Division, a Water Quality Management Plan (WQMP) specifically identifying
Best Management Practices ( BMP's) that shall be used on -site to control predicable
pollutant runoff. (Mitigation Measure No. 11)
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 2001 -10
Conditions of Approval
Page 6
30. The developer shall submit a Storm Water Pollution Prevention Plan and a Water Quality
Management Plan which identifies construction and post construction Best Management
Practices (BMP's) to the Engineering Division for review and approval. The project shall
also incorporate measures as specified in the County of Orange Drainage Area
Management Plan (DAMP) to help control runoff. Examples of BMP's and control
measures are included in the California Storm Water Best Management Practices
Handbook, Industrial /Commercial and Construction Activity, March 1993 and the County
of Orange Drainage Area Management Plan (1993).
*31. Precise grading plans shall include an Erosion, Siltation and Dust Control Plan for the
approval of the City Building Department. The Plan's provisions may include
sedimentation basins, sand bagging, soil compaction, revegetation, temporary irrigation,
scheduling and time limits on grading activities, construction equipment restrictions
onsite. This plan shall also demonstrate compliance with South Coast Air Quality
Management District Rule 403, which regulates fugitive dust control. (Mitigation
Measure No. 4)
32. The developer shall agree to pay a portion of the costs for the installation of a traffic
signal at the intersection of Katella Avenue and Yamaha Way.
COMMI JNITY DF.V EI.OPMFNT CONDITIONS
33. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
34. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
35. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2001 -10 will require an amendment to the Conditional Use
Permit.
36. All requirements of the Orange County Fire Marshal's office, shall be complied with prior
to a Certificate of Occupancy being issued.
37. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
38. 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.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 2001 -10
Conditions of Approval
Page 7
39. On -site lighting shall be arranged so that direct rays will not shine on or produce glare for
surrounding uses or prove to be a nuisance for motorists.
40. 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.
41. The transformer boxes and water valves shall be placed in locations acceptable to the
Community Development Director.
42. The developer shall provide an adequate number of trash enclosures onsite and at a location
acceptable to City staff. Construction bins must be maintained onsite. Bin rental shall be
contracted through Briggeman Disposal.
43. Where feasible, buildings shall install refuse compacting equipment to substantially reduce
the number of refuse hauling trips and allow for more effective and sanitary disposal.
44. A detailed landscape and automatic irrigation plan shall be submitted to the Community
Development Department for review and approval at least sixty (60) days prior to issuance
of a Certificate of Occupancy. In addition, a bond shall be posted with the Public Works
Department to guarantee against defects in plant materials and workmanship.
45. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
46. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a
variety approved by the Community Development Director.
47. A redwood landscape retainer, a minimum of two inches by six inches (2" x 6 ") in size,
shall be installed along all property lines where necessary to retain the landscape planters
until adjoining properties are developed.
48. A comprehensive sign program for both building and freestanding monument signs shall be
submitted for Community Development Department approval prior to any signing
installation. The developer shall not erect or display on the subject property any signs
which have not been approved in writing by the Community Development Department.
49. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
50. 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.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 2001 -10
Conditions of Approval
Page 8
51. 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.
52. 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.
53. Exterior building elevations shall be maintained in a safe appearance such that the buildings
are free of broken, missing or significantly cracked surface finished materials.
54. Prior to the issuance of building permits for any habitable building proposed for
construction within the 60 CNEL contour from the Joint Forces Training Base, Los
Alamitos, the project proponent shall submit to the City of Cypress an acoustical analysis
report. The report shall describe the acoustical design features of the structures required to
satisfy the Airport Environs Land Use Plan and State interior noise standards along with
evidence that the sound attenuation measures specified in the report have been incorporated
with the design of the project.
*55. Prior to issuance of building permits (at least 30 days prior) for development proposed
within the study area which would penetrate the 100:1 imaginary surface, the
development proponent 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 of Cypress prior
to application for building permits. (Mitigation Measure No. 5)
56. The City shall prohibit any structure that is determined to be a "hazard" by FAA because the
proposed structures: a) would raise the ceiling or visibility minimums at an airport for an
existing or planned instrument procedure; b) would result in a loss of airport utility; or c)
would conflict with the VFR air space used for the airport traffic pattern or enroute
navigation to and from the airport. (Mitigation Measure No. 6)
57. Grading and exterior building construction are limited to the hours of 7:00 AM. to 8:00 PM
Monday through Friday, and 9:00 AM to 8:00 PM on Saturday, only if the City's noise
standards are exceeded. Interior building construction and tenant improvements shall be
limited to the hours of 7:00 AM to 8:00 PM, Monday through Saturday, only if the City's
noise standards are exceeded.
58. Grading and exterior building construction activities, as well as interior building
construction shall be limited to the days and hours specified in the City's Noise
Ordinance. In addition, construction equipment shall be equipped with effective muffling
devices. Compliance with this measure is subject to field inspection by City staff.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 2001 -10
Conditions of Approval
Page 9
59. Mechanical devices associated with the cleaning and maintenance of real property may be
used within any zone between the hours of 7:00 AM and 8:00 PM on weekdays and
between the hours of 8:00 AM and 8:00 PM on weekends and federal holidays. Such
devices include but are not limited to stationary or mobile pumps, fans, compressors,
generators, blowers, and sweepers. The use of such devices for such purposes is prohibited
at all other times.
60. The project shall comply with all mitigation measures as referenced in the Negative
Declaration for Conditional Use Permit No. 2001 -10 prior to issuance of Certificate of
Occupancy.
61. No overnight parking of vehicles shall be permitted, except those used in conjunction with
the permitted uses. Delivery trucks may remain parked at the loading docks overnight for a
maximum of one (1) night if loading has not been completed at the end of the permitted
loading hours. No loading or unloading of trucks shall be conducted on Sundays.
62. The City Council shall maintain the right to review the business hours of operation and
may, subject to a public hearing, limit the business hours should substantiated complaints be
received that the business hours are creating an adverse impact upon neighboring properties.
The business hours of operation in relation to truck dock activity shall be limited from 7
a.m. to 7 p.m. and shall be limited to Monday through Saturday; no Sunday trucking
activities shall be permitted. Late night or early morning deliveries shall be specifically
prohibited. All loading/unloading shall be performed in the loading areas only.
63. A dense landscaped screen shall be provided in the area between the loading dock
area and the hotel site to the satisfaction of the Community Development Department.
A landscape plan indicating the type of screening material shall be submitted to the
Planning Division for approval at least sixty (60) days prior to Certificate of
Occupancy of either the commercial or hotel building, whichever occurs first.
64. Landscaping shall be provided around the satellite dish to the satisfaction of the
Planning Division. The landscaping shall be of a type that will screen the dish from
surrounding uses and streets.
65. A lot line adjustment shall be submitted and approved pursuant to Section 25 -19 of
the Cypress City Code. Said lot line adjustment shall be recorded prior to issuance of
building permits.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 2001 -10
Conditions of Approval
HOTEL OPER ATING CONDITIONS
Page 10
66. No more than fifteen percent (15 %) of the total number of guest rooms shall be rented
for long term occupancy as defined by the Cypress Zoning Ordinance. No occupant
of any guest room shall occupy such guest room for greater than twenty -nine (29)
consecutive days without establishing a new tenancy, through check -out and re-
registration in said guest room.
67. Extended Stay America shall enter into an agreement with the City prior to the
issuance of building permits stating that if the hotel ever changes ownership, the
change would be subject to the approval of the City of Cypress. A change in
ownership for the purposes of this agreement, shall mean more than fifty -one
percent (51 %) change of the primary owner of the hotel. The City's approval of the
change in ownership may not be unreasonably withheld.
68. On -site personnel for the hotel shall be provided 24 hours a day, seven (7) days a
week.
69. Not less than weekly maid and housekeeping service shall be provided for each guest
room. Maid and housekeeping service means basic cleaning, including but not
limited to vacuuming, sweeping, and /or mopping, dusting, and changing of bed
linens and towels.
70. No hotel room shall be rented more than once in any 24 -hour period.
71. The hotel shall maintain daily records reflecting the names and permanent
addresses of hotel/motel guests, as verified by valid driver's license or other valid
identification along with the license number, state of license, make, model, and year
of any guest's vehicle or the corporate account information and guest names, the
dates of occupancy, length of stay, and room rate. This information shall be
maintained for at least one year from the date of stay by the guest and available for
review by the City during normal business hours.
72. The use of the property shall at all times, qualify as a hotel or motel subject to
transient occupancy tax under full compliance with section(s) 19.39 -19.43 of the
Cypress Zoning Ordinance and Sections 26 -21 through 26 -33 of the Cypress
Municipal Code.
RI T!! J)ING CONDITIONS
73. Applicant/developer shall comply with applicable provisions of the 1997 Uniform Building,
Plumbing and Mechanical Codes, 1996 National Electrical Code, California Administrative
Code, Title 24, and the Code of the City of Cypress.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 2001 -10
Conditions of Approval
74. An automatic fire sprinkler system, approved by the Fire Marshal, will be required.
Page 11
75. 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 or air contaminants.
76. Type 5 cement shall be used for all foundations and slabs on grade.
77. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
78. Prior to issuance of a grading permit, a site specific geologic and soils report shall be
prepared by a registered geologist or soils engineer and submitted to the City Building
Division for approval. The report shall specify design parameters necessary to remediate
any soils and geologic hazards. (Mitigation Measure No. 3)
79. A soil investigation report shall be submitted with the plans for plan check. The 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.
*80. All structures shall be designed as confirmed during the building design plan checking, to
withstand anticipated groundshaking caused by future earthquakes within an acceptable
level of risk, i.e., high risk zone, as designated by the City's latest adopted edition of the
Uniform Building Code. (Mitigation Measure No. 2)
81. 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. (Example: street side of curb is public right -of -way. Not allowed).
82. An acoustical report shall be submitted with the plans for plan check. The report shall meet
all requirements of the Uniform Building Code and Title 24 of the State Administrative
Code.
83. Prior to final certificate of occupancy, as required by California State Health and Safety
Code, Section 19850, the applicant shall submit to the Cypress Building Division, 35mm
microfilm copies of the approved plans on standard aperture cards, to serve as the official
file copy of the approved building plans.
*84. Project construction/demolition activities shall comply with SCAQMD Rule 403, as
revised. The applicant shall also obtain approval of a dust control plan from the Building
Division prior to issuance of each grading or building permit. Dust - reducing measures shall
include regular watering of graded surfaces, restriction of all construction vehicles and
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 2001 -10
Conditions of Approval
Page 12
equipment to travel along established and regularly watered roadways, and suspending
operations that create dust during windy conditions (winds greater than 25 mph).
(Mitigation Measure No. 1)
*85. All structures shall be designed as confirmed during the building design plan checking, to
withstand anticipated groundshaking caused by future earthquakes within an acceptable
level of risk (i.e., high risk zone), as designated by the City's latest adopted edition of the
Uniform Building Code. (Mitigation Measure No. 2)
86. The following erosion control measures shall be implemented in order to limit wind and
water erosion:
• Minimizing the length of time the soils lie exposed.
• Regular watering and clearing of grubbed areas, in compliance with City
requirements and South Coast Air Quality Management District Rule 403, as
revised.
• Establishment of 15 mile per hour (mph) vehicle speed limit within construction
areas.
• Protection from wind and water erosion shall be the responsibility of the applicant
and contractor in accordance with the erosion control provisions in the
Construction Documents (subject to review and periodic site inspection by City
staff.)
*87. Prior to issuance of building permits, the applicant shall obtain coverage under NPDES
Statewide Industrial Stormwater Permit for General Construction Activities from the
State Water Resources Control Board. Evidence that this has been obtained shall be
submitted to the City Engineering Division.
FIRF, AUTHORITY CONDITIONS
88. Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief
evidence of the onsite fire hydrant system and indicate whether it is public or private. If the
system is private, the system shall be reviewed and approved by the Fire Chief prior to
issuance of a building permit. The applicant shall make provisions for the repair and
maintenance of the system, in a manner meeting the approval of the Fire Chief.
89. Prior to the issuance of any certificate of use and occupancy, all fire hydrants shall have a
blue reflective pavement marker indicating the hydrant location on the street or drive per
the Orange County Fire Authority Standard as approved by the Fire Chief. These markers
are to be maintained in good condition by the property owner.
• Community Development Department • Planning Division •
31
Exhibit "A"
Conditional Use Permit No. 2001 -10
Conditions of Approval
Page 13
90. Prior to the issuance of a building permit, the applicant shall provide evidence of
adequate fire flow. The Orange County Fire Authority Water Availability for Fire
Protection form shall be signed by the applicable water district and submitted for
approval to the Orange County Fire Authority.
91. Prior to the issuance of a building permit, the applicant shall submit plans for any
required automatic fire sprinkler system in any structure to the OCFA for review and
approval.
92. Prior to the issuance of a certificate of use and occupancy, this system shall be operational
in a manner meeting the approval of the Fire Chief.
93. Prior to the issuance of any grading permits, the applicant shall submit and obtain
approval of plans for all roads, streets and courts, public or private, from the Fire Chief in
consultation with the City staff. The plans shall include the plan view, sectional view,
and indicate the grade and width of the street or court measured flow line to flow line. All
proposed fire apparatus turnarounds shall be approved by the Fire Chief and if needed,
clearly marked when a dead -end street exceeds 150 feet or when otherwise required.
94. Prior to the issuance of a building permit, the applicant shall submit plans and obtain
approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet
in width. The plans shall indicate the locations of red curbing and signage. A drawing of
the proposed signage with the height, stroke and color of lettering and the contrasting
background color shall be submitted to and approved by the Fire Chief.
95. Prior to the issuance of any certificate of use and occupancy, the fire lanes shall be
installed in accordance with the approved fire lane plan. The CC &R's, or other approved
documents, shall contain a fire lane map and provisions which prohibit parking in the fire
lanes. The method of enforcement shall be documented.
96. Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief a
list of the quantities of all hazardous, flammable and combustible materials, liquids or
gases to be stored, used, or handled on site. These liquids and materials shall be
classified according to the Uniform Fire Code using the "Guidelines for Completing
Chemical Classification Packets." The submittal shall provide a summary sheet listing
each hazard class, the total quantity of chemicals stored per class and the total quantity of
chemicals used in that class. All forms of materials are to be converted to units of
measure in pounds, gallons and cubic feet.
97. Prior to the issuance of a building permit, the applicant shall contact the Orange County
Fire Authority Hazardous Materials Disclosure Section at (714) 744 -0463 to obtain a
"Hazardous Materials Disclosure Chemical Inventory and Business Emergency Plan
Packet." This shall be completed and submitted to the Fire Chief prior to the issuance of
a building permit. (Source: Cypress Municipal Code Section 143- 11(b).)
• Community Development Department • Planning Division •
32
Exhibit "A"
Conditional Use Permit No. 2001 -10
Conditions of Approval
Page 14
98. Prior to the issuance of a building permit for combustible construction, the builder shall
submit a letter on company letterhead stating that water for fire - fighting purposes and the
all weather fire protection access roads shall be in place and operational before any
combustible material is placed on -site. Approval shall be subject to an on -site
inspection prior to the issuance of a building permit.
99. Prior to approval of a site development/use permit or the issuance of a building permit,
whichever occurs first, the applicant shall submit plans for the review and approval of the
Fire Chief as indicated on the OCFA Plan Submittal Criteria form. Contact the Orange
County Fire Authority at (714) 744 -0499 for a copy of the Fire Safety Site /Architectural
Notes to be placed on the plans prior to submittal.
100. Prior to issuance of a building permit, plans for an approved fire - suppression system for
the protection of commercial -type cooking equipment shall be submitted to the Fire Chief
for review and approval. This system shall be operational prior to the issuance of a
certificate of use and occupancy.
101. Prior to the issuance of a building permit, plans for the fire alarm system shall be
submitted to the Fire Chief for review and approval. This system shall be operational
prior to the issuance of a certificate of use and occupancy.
P01,ICE CONDITIONS
102. A lighting plan for the exterior of the building and for all parking lots shall be submitted
to the Cypress Police Department for approval prior to the issuance of building permits.
103. All exterior emergency exits shall have locking hardware designed to be locked from the
exterior and unlocked from the interior.
104. Onsite lighting shall consist of down drafted pole lighting, except in the loading dock
area which may be building mounted. All onsite lighting shall be prohibited from
creating glare for the surrounding developments and streets.
Effective: 07 -08 -02
• Community Development Department • Planning Division •