Resolution No. 5557 411
RESOLUTION NO. 5557
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 2002-03 -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 conditional use permit in accordance with the
provisions of Section 35, Division 7 of the Zoning Ordinance of the City of Cypress to construct a
2,515 square foot El Pollo Loco drive-thru restaurant on the property located at 5959 Cerritos
Avenue within the CG Commercial General Zone.
2. That the City Council, after proper notice thereof, duly held a public hearing on said
application as provided by law.
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 CG Commercial General Zone in which the
site is located, which is:
Intended to provide for the continued use, expansion, and new development
of a wide variety of retail and wholesale commercial enterprises, service
uses,entertainment uses, and similar businesses.
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 drive thru restaurant use is in compliance with the
conditionally permitted uses allowed in the CG Commercial General Zone.
(2) The proposed project design would provide more than sufficient
onsite parking to accommodate the proposed drive-thru restaurant use.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance, with the exception of any variances approved for the
project.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Conditional Use Permit No. 2002-03, 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 13th day of May, 2002.
MAYO THE CITY OF CYPRESS
A F1'EST:
4
Y CLERK OF T '8 ITY OF CYPRESS
-1-
4 1 2
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 13th day of May, 2002,by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Keenan, McGill,Piercy, McCoy and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
±i ! a • �iLI� .d-A„A
Y CLE K OF T CITY OF CYPRESS
-2-
413
EXHIBIT "A"
Conditional Use Permit No.2002-03
5959 Cerritos Avenue
CONDITIONS OF APPROVAL
*Denotes Mitigation Measures
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, Orange County Health
Department, and Cypress Building and Safety Division shall be satisfied prior to
commencement of the business operation.
5. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to
a Certificate of Occupancy being issued.
6. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
• Community Development Department •Planning Division •
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Exhibit "A" Page 2
Conditional Use Permit No. 2002-03
Conditions of Approval
7. All applicable conditions of Conditional Use Permit No. 2002-03 shall be complied with
prior to occupancy of the subject building.
8. All business activity shall occur within the building or within the outdoor dining area.
Temporary use permits may be granted for all other outdoor activity in accordance with
Section 35, Division 10, of the Cypress Zoning Ordinance.
9. 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.
10. 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
11. Reciprocal easements shall be recorded prior to the issuance of a grading permit and
agreements filed with the City governing joint use and maintenance of driveways, drive
approaches, drainage, onsite parking, irrigation system, etc.
12. Drainage shall be solved to the satisfaction of the City Engineer. A grading 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. 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 areas 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%).
13. 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"). 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
• Community Development Department •Planning Division •
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Exhibit "A" Page 3
Conditional Use Permit No. 2002-03
Conditions of Approval
and submit to the City, the written permission or denial of the adjacent property owner.
Vertical grade separation shall not exceed two feet (2')between two adjacent properties.
14. 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.
15. 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.
16. All existing public improvement 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.
17. Cerritos Avenue shall be fully improved with curb, gutter, sidewalk, drive closure, drive
approach, paving, etc.,in accordance with the City's Code requirement of Streets
18. The quantity, location, width, and type of driveways shall be subject to the approval of the
City Engineer. An effective sight distance for vehicular traffic shall be maintained at the
intersection of the driveway entrance with Cerritos Avenue. No landscaping in excess of
three feet (3') high will be allowed in the area of the curb returns. Adequate sight distance
also shall be maintained within the development at all driveway intersections to the
satisfaction of the City Engineer.
19. 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.
20. 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
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.
21. 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.
• Community Development Department•Planning Division •
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Exhibit"A" Page 4
Conditional Use Permit No. 2002-03
Conditions of Approval
22. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Public Works Plan Check&Inspection (Per Resolution 5069).
• Drainage Fee for Master Drainage Plan (Per Resolution 2287).
• Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD-09).
• Grading Plan Check and Permit (Per Resolution 5069).
• All applicable Building Division fees.
*23. The project applicant/developer shall pay the Citywide Traffic Improvement Impact Fee,
pursuant to adopted Resolution No. 4348 and Ordinance 911, as applicable to this
proposed project. (Mitigation Measure T1)
*24. The project applicant/developer shall pay a Regional Traffic Improvement Fee, pursuant
to adopted Resolution No. 4400, as applicable to this proposed project. (Mitigation
Measure T2)
25. 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 (§
2100 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.
26. A Sanitary Sewer Connection Fee shall be paid for increased category of use, per Orange
County Sanitation District Ordinance No. OCSD-09. Fee shall be paid to the Engineering
Division prior to issuance of permits.
27. Developer/Property owner shall obtain a Notice of Intent from the State of California
Regional Water Quality Control Board. A copy of the Notice of Intent acknowledgement
from the State of California Regional Water Quality Control Board shall be submitted to
the City of Cypress before issuance of grading permits.
*28. Developer/property owners shall submit a SWPPP which identifies construction and post
construction BMPs to the Engineering Division for review and approval. (Mitigation
Measure HWQ2)
•Community Development Department •Planning Division •
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Exhibit "A" Page 5
Conditional Use Permit No. 2002-03
Conditions of Approval
*29. Prior to issuance of building permits, the applicant shall submit for approval of City
Engineering Division, a Water Quality Management Plan (WQMP) specifically
identifying Best Management Practices (BMPs) that shall be used on-site to control
predictable pollutant runoff. (Mitigation Measure HWQ3)
30. 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. Prior to issuance of grading permits, Best Management Practices (BMPs) shall be
developed in compliance with Orange County's municipal NPDES permit program.
Specific measures shall include:
❖ Siltation of drainage devices 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
retardant 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 HWQ1)
32. Although the proposed project is less than 5 acres, submittal of a Stormwater Pollution
Prevention Plan shall be required due to the nature of the proposed project of a fast food
drive-thru restaurant which shall include appropriate construction and post construction
Best Management Practices (BMP's).
*33. Precise grading plans shall include an Erosion, Siltation and Dust Control Plan to be
approved by the City Building Division. The Plan's provisions may include
sedimentation basins, sand bagging, soil compaction, revegetation, temporary irrigation,
• Community Development Department •Planning Division •
418
Exhibit "A" Page 6
Conditional Use Permit No. 2002-03
Conditions of Approval
scheduling and time limits on grading activities, and construction equipment restrictions
on-site. This plan shall also demonstrate compliance with South Coast Air Quality
Management District Rule 403, which regulates fugitive dust control. (Mitigation
Measure GEO4)
COMMUNITY DEVELOPMENT CONDITIONS
34. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
35. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2002-03 will require an amendment to the conditional use
permit.
36. 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.
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.
39. Onsite lighting shall be arranged so that direct rays will not shine on adjacent properties or
produce glare for street traffic or for the surrounding residential development. All lighting,
interior and exterior, shall be designed and located to minimize power consumption and to
confine direct illumination to the premises to avoid light and glare impacts.
*40. Internal house shields shall be provided on all light fixtures to maintain appropriate
illumination levels within the project site and minimize light spill on adjacent
properties. (Mitigation Measure AES1)
41. 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.
42. The transformer boxes and water valves shall be placed in locations acceptable to the
Community Development Director and shall be adequately screened from view with plant
materials.
• Community Development Department •Planning Division •
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Exhibit "A" Page 7
Conditional Use Permit No. 2002-03
Conditions of Approval
43. 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.
44. A cover shall be constructed over the trash enclosure in accordance with State of
California/City of Cypress NPDES requirements. A drain into the sewer shall be
provided within the enclosure to capture excess runoff resulting from food waste
which may spill out of the trash container.
45. The intercom speaker box for the drive-thru restaurant shall be located and equipped
with a noise attenuation device to the satisfaction of City staff,so that noise shall not be
directed toward adjoining businesses and properties. The menu board shall be
provided with a video read out or similar silent menu option and shall become silent
after 10:00 p.m.
46. 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.
47. A dense landscape screen shall be provided along the north property line subject to the
approval of the Community Development Department. Trees located in this area shall
be minimum 24 inch box size spaced at ten feet(10')on center.
48. A landscaped berm and shrub hedge, not to exceed forty-two inches (42") in height,
shall be provided between the drive-thru lane and Cerritos Avenue. In accordance
with Section 7.5 of the Cypress Zoning Code, no landscaping in excess of 42" in height
shall be placed in the fifteen foot sight distance triangle for the driveway located on
Cerritos Avenue.
49. Unless otherwise specified, all required trees shall be a minimum 15-gallon in size and of a
variety approved by the Community Development Director.
50. 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.
51. A comprehensive sign program for both building and freestanding 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. No more than three (3)
building signs shall be permitted on the building.
•Community Development Department •Planning Division •
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Exhibit "A" Page 8
Conditional Use Permit No. 2002-03
Conditions of Approval
52. The directional sign located adjacent to Valley View Street shall not exceed five feet
(5') in height, measured at the lowest grade level. Location of the sign shall be subject
to approval of the Community Development Department.
53. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so
as to cover all landscaped areas.
54. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
55. Outside public address speakers, telephone bells, buzzers and similar devices which
are audible on adjoining properties are hereby prohibited.
56. 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.
57. 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.
58. 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.
59. 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.
60. The City Council shall maintain the right to review the restaurant's 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.
61. The project shall comply with all mitigation measures as referenced in the Negative
Declaration prior to issuance of Certificate of Occupancy.
62. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
63. Grading 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. No construction activity
• Community Development Department•Planning Division •
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Exhibit "A" Page 9
Conditional Use Permit No. 2002-03
Conditions of Approval
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.
64. 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 9:00 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. The use of such devices for such purposes is prohibited
at all other times.
*65. The volume on the menu-board speaker shall be adjusted to the lowest setting
necessary for adequate communication. (Mitigation Measure N1)
*66. The speaker used at the menu board shall be highly directional and aimed at the
vehicles. (Mitigation Measure N2)
*67. The audible portion of the menu board shall only operate between the hours of
10:00 AM and 10:00 PM. (Mitigation Measure N3)
*68. The height of the menu board speaker shall be no more than 36 inches above the
elevation of the drive-thru lane. (Mitigation Measure N4)
*69. The outdoor dining area shall be available for patron use only between the hours of
10:00 AM and 10:00 PM. (Mitigation Measure N5)
*70. Recorded and live music shall not be permitted in the outdoor dining area.
(Mitigation Measure N6)
*71. Public address systems shall not be permitted in the outdoor dining area.
(Mitigation Measure N7)
*72. The personnel and entry doors on the north, east and west sides of the restaurant
shall remain closed when not in use. (Mitigation Measure N8)
*73. All rooftop and exterior mechanical equipment for the project shall be selected and
installed so as to comply with the City's noise ordinance standards at the nearest
residential property lines. This may require the selection of quieter equipment and
the use of partial enclosures around certain equipment items. The need for, and
design of, such enclosures shall be determined as part of the final engineering design
of the project. (Mitigation Measure N9)
*74. No commercial activities shall be performed outside the confines of the buildings.
(Mitigation Measure N10)
• Community Development Department •Planning Division •
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Exhibit "A" Page 10
Conditional Use Permit No. 2002-03
Conditions of Approval
*75. Employees who leave the restaurant site after 10:00 PM shall not be permitted to
park in the spaces adjacent to the north property line. (Mitigation Measure N11)
*76. Delivery trucks shall not be permitted to idle on-site. (Mitigation Measure N12)
*77. Only medium 2-axle trucks shall be permitted to access the project site. (Mitigation
Measure N13)
*78. All delivery trucks shall be required to have properly maintained, factory-approved
mufflers. (Mitigation Measure N14)
*79. Delivery truck drivers shall be encouraged to minimize acceleration and maintain
reduced vehicle speed while on site. (Mitigation Measure N15)
*80. Truck deliveries shall be limited to the daytime hours of 8:00 AM to 8:00 PM on
Monday through Saturday, and 9:00 AM to 8:00 PM, Sundays. (Mitigation Measure
N16)
*81. Trash shall not be dumped into the outdoor trash bins between 7:00 PM and 8:00
AM. (Mitigation Measure N17)
*82. Trash pickups shall not occur before 7:00 AM or after 7:00 PM. (Mitigation
Measure N18)
*83. Parking lot sweepers shall not be used at the site. (Mitigation Measure N19)
*84. 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.
(Source: Cypress Municipal Code Section 13-70(e).) (Mitigation Measure N20)
*85. 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 are
limited to the hours of 7:00 AM to 8:00 PM, Monday through Saturday, only if the noise
standards are exceeded. (Mitigation Measure N21)
*86. Prior to issuance of building permits, the applicant shall submit evidence, to the
satisfaction of the Building Division, that all proposed land uses shall meet applicable
exterior and interior noise standards, including the City's Comprehensive Noise
Ordinance. (Source: Mitigation Measure #4, page 5.4-8 of the Cypress General Plan
EIR.) (Mitigation Measure N22)
• Community Development Department •Planning Division •
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Exhibit "A" Page 11
Conditional Use Permit No. 2002-03
Conditions of Approval
87. The hours of operation for the restaurant shall be limited to between 10:00 a.m. and
11:00 p.m. Sunday through Thursday, and between 10:00 a.m. and 12:00 (midnight)
on Friday and Saturday.
BUILDING CONDITIONS
88. 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.
*89. Type 5 cement shall be used for all foundations and slabs on grade. (Mitigation Measure
GEO3)
90. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
91. A 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.
*92. Construction shall comply with SCAQMD Rule 403, as revised. The developer 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 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 AQ1)
*93. The developer shall comply with the Subdivision Map Act, Building Energy Efficient
Standards and State and local laws for energy conservation. Compliance shall be
determined by the Building Division during building plan review. (Mitigation Measure
AQ2)
*94. 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 GEO1)
*95. Prior to the issuance of a grading permit, a site specific geologic and soils report shall be
prepared by a registered geologist or soils engineer and submitted to the City Building
Division for approval. The report shall specify design parameters necessary to remediate
any soil and geologic hazards. (Mitigation Measure GEO2)
• Community Development Department •Planning Division •
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Exhibit "A" Page 12
Conditional Use Permit No. 2002-03
Conditions of Approval
FIRE AUTHORITY CONDITIONS
96. Prior to the issuance of any building permits, the applicant shall submit a fire hydrant
location plan for the review and approval of the Fire Chief.
97. Prior to the issuance of any building permits, 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 water district and submitted to the Fire Chief for
approval. If sufficient water to meet fire flow requirements is not available, an automatic
fire extinguishing system may be required.
98. 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.
Applicable CC&R's, or other approved documents, shall contain provisions which
prohibit obstructions such as speed bumps/humps, control gates or other modifications
within said easement or access road unless prior approval of the Fire Chief is granted.
99. Prior to the issuance of any building permits, the applicant shall obtain approval of the
Fire Chief for all fire protection access roads to within 150 feet of all portions of the
exterior of every structure on site. Please contact the OCFA at (714) 744-0499 or visit
the OCFA website to obtain a copy of the "Guidelines for Emergency Access."
100. Prior to the issuance of a building permit, the applicant shall submit plans for the review
and approval of the Fire Chief if required per the "OCFA Plan Submittal Criteria form."
Please contact the OCFA at (714) 744-0499 for a copy of the Fire Department Notes to
be placed on the plans prior to submittal.
101. 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.
102. 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.
Effective: 5-13-2002
• Community Development Department•Planning Division •