Resolution No. 6502346
RESOLUTION NO. 6502
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 3030
- 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 Design Review Committee Permit in
accordance with the provisions of Section 4.19.060.D of the Zoning Ordinance of the City
of Cypress to allow the construction of a 6,000 square -foot dental office building located at
5001 Cerritos Avenue within the CG- 10,000 Commercial General Zone.
2. That in accordance with Section 4.19.060.E of the Cypress Zoning
Ordinance, the Design Review Committee reviewed and approved this project on May 21,
2015.
3. That in accordance with Section 4.19.060.E.2 of the Cypress Zoning
Ordinance, the decision of the Design Review Committee on this project was reported to
the City Council on June 8, 2015 during a public meeting of the City Council.
4. That in accordance with Section 4.19.060.F of the Cypress Zoning
Ordinance, the effective date of the Design Review Committee's decision to approve this
project shall be the date of acceptance by the City Council, and upon receipt by the
Community Development Department of an agreement to any conditions of approval
signed by the applicant.
5. That the City Council hereby finds that:
a. The proposed location of the project is in accord with the objectives of
the Zoning Ordinance and the purpose and intent of the zone in which the site is located,
which is:
Intended as an area to serve the daily business and shopping needs
of the community.
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 single -story dental office building design would
be compatible with the existing surrounding two -story, single - family
residences, including size, exterior building materials, and color.
(2) The proposed dental office use would not impact the value nor
prove detrimental to the character of the uses or structures already
established in the area.
(3) The proposed dental office development would be consistent
with the goals and policies of the Cypress General Plan with regard to uses
located within the General Neighborhood Commercial land use designation
area.
c. The proposed dental office building project, as conditioned, will
comply with each of the applicable provisions of the Cypress Zoning Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Design Review Committee Permit No. 3030, subject
to the conditions attached hereto as Exhibit "A ".
Any challenge to this Resolution and the findings set forth therein, must be filed
within the 90 day statute of limitations set forth in Code of Civil Procedure 1094.6.
347
PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular
meeting held on the 8th day of June, 2015.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR .f HE CITY OF CYPRESS
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 8th day of June, 2015, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Morales, Peat, Yarc and Johnson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
r
CITY CLERK OF THE CITY OF CYPRESS
348
EXHIBIT "A"
Design Review Committee Permit No. 3030
5001 Cerritos Avenue
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
1. General Conditions
1.1. Unless and until the project applicant and property owner sign and return a City- provided
affidavit accepting these conditions of approval, there shall be no entitlement of the
application. The project applicant and property owner shall have fifteen (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 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. (City
Attorney)
1.4. The applicant shall comply with all provisions of the Code of the City of Cypress.
(Planning)
1.5. All requirements of the Orange County Fire Authority (OCFA), Orange County Health
Department, and Cypress Building and Safety Division shall be satisfied prior to
commencement of the business operation. (Planning)
1.6. All requirements of the Orange County Fire Authority (OCFA) shall be complied with prior
to a certificate of occupancy being issued. (Planning)
• Community Development Department • Planning Division •
349
Exhibit "A"
Design Review Committee Permit No. 3030
Conditions of Approval
Page 2
1.7. The applicant shall obtain a Cypress business license prior to commencement of the
business operation. (Finance)
1.8. All applicable conditions of the project shall be complied with prior to occupancy of the
subject building. (Planning)
1.9. Any and all correction notice(s) generated through the plan check and /or inspection
process is /are hereby incorporated by reference as conditions of approval and shall be
fully complied with by the owner, applicant and all agents thereof. (Planning)
2. Planning
2.1. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department. (Planning)
2.2. Any expansion or modification of the approved use beyond what is approved as part of this
Design Review Committee Permit will require an amendment to the permit. (Planning)
2.3. A new eight foot high split -face block wall shall be provided along the north and east
property lines of the project site. The height of the wall shall be measured from the
highest adjacent grade. Where an existing block wall is removed, the Developer shall
provide suitable temporary fencing for all adjacent properties during construction of
the perimeter walls. If the new wall is to be constructed adjacent to the existing block
wall, the new wall shall be located as close as possible to the existing wall. The area
between the two walls shall be filled with foam or similar sealing material or covered
with a metal flashing painted to match the block wall subject to approval by the
Director of Community Development. (Planning)
2.4. All business activity shall occur within the building. Temporary use permits may be
granted for outdoor activity in accordance with Section 19, of the Cypress Zoning
Ordinance. (Planning)
3. Architectural
3.1. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits. (Planning)
3.2. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted. The final exterior color scheme shall be submitted to City staff for review and
approval prior to actually painting the structure. (Planning)
3.3. On -site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic. (Planning)
• Community Development Department • Planning Division •
350
Exhibit "A"
Design Review Committee Permit No. 3030
Conditions of Approval
Page 3
3.4. All roof mounted equipment, such as heating and air conditioning units, shall be adequately
screened from public view subject to the approval of City staff. Commercial or industrial
developments which adjoin residentially zoned areas shall construct noise bafflers and/or
deflectors on all mechanical equipment mounted outdoors to the satisfaction of City staff.
(Planning)
3.5. The transformer boxes and water valves shall be placed in locations acceptable to the
Director of Community Development and shall be adequately screened from view with
plant materials. (Planning)
3.6. During construction, the developer shall provide an adequate number of trash bins at a
location acceptable to City staff. Construction bins must be maintained onsite. Bin rental
shall be contracted through the City's disposal services contractor. (Planning)
4. Signage
4.1. 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. (Planning)
4.2. Changeable copy or lettering on the freestanding sign face is prohibited. (Planning)
4.3. The installation and method of sign illumination shall be reviewed and approved by the
Planning Division and the Building and Safety Division. The business owner shall take the
appropriate measures to ensure that the illumination of the sign shall not create glare for
vehicular traffic. All electrical conduits, timer devices, and other electrical equipment shall
be buried underground or concealed within the sign. (Planning)
5. Landscaping
5.1. A detailed landscape and automatic irrigation plan shall be submitted to the Cypress
Planning Division for review and approval at least sixty (60) days prior to issuance of a
certificate of occupancy. In addition, a bond shall be posted with Public Works to
guarantee against defects in plant materials and workmanship for a period of one (1) year
from acceptance of the landscape installation. All required landscaping shall be
permanently maintained in a neat and orderly condition. (Planning)
5.2. All qualifying landscape projects in the City shall comply with the applicable provisions of
the City's water efficiency ordinance as well as the water efficient requirements of the
Cypress Zoning Code and the City's Drought Response Plan. (Planning)
5.3. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a
variety approved by the Director of Community Development. (Planning)
• Community Development Department • Planning Division •
351
Exhibit "A"
Design Review Committee Permit No. 3030 Page 4
Conditions of Approval
5.4. 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. (Planning)
5.5. Landscape irrigation shall be maintained in good working order so as to cover all
landscaped areas. (Planning)
6. Operational
6.1. The use of mechanical devices associated with the cleaning and maintenance of real
property shall be conducted in accordance with the Cypress Zoning Code. (Planning)
6.2. The access door to the business premises facing the adjoining single- family residences shall
remain closed during all hours of business operation. Said door shall be designated and
used for emergency exit purposes only. (Planning)
6.3. Office buildings located adjacent to residential uses shall not conduct business before 7:00
a.m. or after 8:00 p.m. Monday through Friday and before 9:00 a.m. and after 8:00 p.m. on
Saturdays. The City may further limit the business hours should substantiated complaints
be received that the business hours are creating an adverse impact upon neighboring
properties. A temporary use permit would be required to allow an expansion of the hours
of operation for special events subject to approval by the Director of Community
Development. (Planning)
6.4. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited. (Planning)
6.5. The parking lot shall be used solely for vehicular parking, unless otherwise approved in
writing by the Director of Community Development. (Planning)
7. Property Maintenance
7.1. All walls, fences, and trash enclosures shall be maintained free of significant surface cracks,
dry rot, warping, missing panels or blocks, which threaten the structure's structural
integrity. (Planning)
7.2. Parking lot surfaces and pedestrian walkways shall be maintained in a safe condition such
that any concrete, asphalt, or other driving or walking surfaces are free of potholes, buckled
or cracked surfaces, or raised areas. (Planning)
7.3. The property shall be maintained free of the accumulation of trash and debris. Trash and
debris associated with the permitted uses are to be stored solely in designated trash
enclosures. (Planning)
• Community Development Department • Planning Division •
352
Exhibit "A"
Design Review Committee Permit No. 3030
Conditions of Approval
Page 5
7.4. Exterior building elevations shall be maintained such that the buildings are free of broken,
missing or significantly cracked surface finished materials. (Planning)
7.5. The property owner shall maintain the site, the publically accessible interior and publically
viewable exterior of the building(s) clear of all graffiti. All graffiti shall be removed within
24 to 48 hours once notified in writing by the City. (Planning)
8. Fees
8.1. Prior to issuance of a grading permit or as noted below, the applicant shall pay the
following fees per Resolution No. 6118, except as otherwise noted below. (Engineering)
Drainage Fee for Master Drainage Plan
City -wide Traffic Improvement
- Regional Traffic Improvement
- Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD -09)
- 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)
- Public Improvement Plan Check (Prior to Submittal of Plans)
Public Improvement Permit and Inspection (Prior to Permit Issuance)
8.2. 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 Fifty Dollars ($50.00) County administrative fee, to enable
the City to file the Notice of Exemption pursuant to Fish and Game Code §711.4 and
California Code of Regulations, Title 14, section 753.5. If, within such 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. (Planning)
9. Engineering
9.1. That all engineering requirements of the City of Cypress, including preparation of
improvement plans and installation of all improvements such as curbs and gutters,
sidewalks, street grading and pavement, sewer and drainage facilities, or other appurtenant
work shall be complied with as required by the City Engineer and in accordance with
specifications on file in the Office of the City Engineer, as may be modified by the City
Engineer; and, that security in the form of a bond, certificate of deposit, letter of credit,
completion guarantee, or cash, in an amount and form satisfactory to the City of Cypress,
shall be posted with the City to guarantee the satisfactory completion of said improvements.
Said security shall be posted with the City prior to the issuance of a building permit or final
map approval, whichever occurs first, to guarantee the installation of the related
improvements prior to final building and zoning inspections in accordance with an
approved construction phasing plan. These requirements may be modified by a
• Community Development Department • Planning Division •
353
Exhibit "A"
Design Review Committee Permit No. 3030
Conditions of Approval
Page 6
Development Agreement between the City of Cypress and the applicant with respect to
improvements to be implemented by the applicant. In the event the developer's contractor
and/or subcontractor fails to diligently prosecute the work within the public right -of -way,
the City reserves the right, in its reasonable discretion, to issue a stop work notice and to
provide a substitute contractor and /or subcontractor to complete said work at the sole cost
and expense of developer. (Engineering)
9.2. Prior to issuance of a grading permit, the applicant shall submit all public improvement
plans and grading plans per the Public Works Standard Plans and specified design criteria.
All plans shall be in ink on 24 inch by 36 inch Mylar with City title block on all sheets.
(Engineering)
9.3. Prior to issuance of a grading permit, the applicant shall not grant any easements over any
property subject to a requirement of dedication or irrevocable offer to the City of Cypress,
unless such easements are expressly made subordinate to the easements to be offered for
dedication to the County. Prior to granting any of said easements, the subdivider shall
furnish a copy of the proposed easement to the Engineering Division Manager for review
and approval. Further, a copy of the approved easement shall be furnished to the City
Planner, prior to issuance of a Certificate of Occupancy. (Engineering)
9.4. Prior to any street construction or relocation, when there are monuments in the project area
which control the location of subdivisions, streets or highways, or provide survey control,
the developer shall locate and reference the monuments and shall reset them after
construction as required by Section 8771 of the Business and Professions Code, in a
manner meeting the approval of the Engineering Division Manager. (Engineering)
10. Landscaping within the Public Right -of -Way
10.1. Prior to issuance of building permits, the applicant shall submit a plan for landscaping
within the public right -of -way including a landscape and irrigation plan to Planning for
approval with a copy to the Maintenance Division Manager. (Engineering, Maintenance)
10.2. The applicant shall post a bond 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 Public Works for approval at least 30 days prior to
planting date. Test results shall include concentration of nitrogen, phosphorus, potassium,
ph, salinity, sodium status, and boron saturation extract. Drought tolerant landscape is
encouraged and the landscaping will be irrigated from the private property meter.
(Engineering, Maintenance)
10.3. Prior to issuance of certificate of occupancy, the applicant shall install all street landscaping
per the approved landscaping plan. (Engineering, Maintenance)
• Community Development Department • Planning Division •
354
Exhibit "A"
Design Review Committee Permit No. 3030
Conditions of Approval
Page 7
10.4. The applicant or his successor in interest shall maintain the landscaping planted in the
public right -of -way located along the frontage of their property in a healthy condition.
(Engineering, Maintenance)
11. Sewer and Wastewater
11.1. The developer shall examine the existing lateral and provide proof that the capacity of
the lateral is sufficient for intended use. If the existing lateral is not useable or does not
have sufficient capacity, the developer shall construct a new public sewer lateral with a
publicly owned cleanout /manhole in the public right -of -way at a location approved by
the Engineering Division Manager. (Engineering)
11.2. The applicant shall submit a sewer plan signed and stamped by a registered civil engineer,
detailing all the proposed public and/or private sewer lines meeting the requirements of the
City Design Standards for Sewer Facilities. (Engineering)
11.3. All sewer lines within the development shall be private sewer lines and shall be maintained
and cleaned by the developer, or successor in interest. The City of Cypress shall have no
responsibility for maintenance of the private sewer lines. (Engineering)
12. Street Trees
12.1. Prior to the issuance of certificate of occupancy, the applicant shall install street trees that
are a minimum of 24 inch box in size in conformance with Section 13 of the Cypress
Zoning Code. (Maintenance)
12.2. 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 Master Plan. With prior approval of the Director of Community Development, street
trees may be replaced by trees planted in conjunction with an approved on -site landscape
plan. (Maintenance)
12.3. All trees in the public right -of -way shall be installed and maintained in a healthy and safe
condition by the applicant or developer or successor in interest. (Maintenance)
13. Street Lighting N/A
14. Streets
14.1. Prior to issuance of certificate of occupancy, the applicant shall replace any deficient
sidewalk or driveway approaches or cause to fix any other frontage improvement located in
the public right -of -way that do not meet the requirements of the Americans with
Disabilities Act (ADA) and State of California Title 24. The applicant shall submit a plan
for any improvement, in consultation with or as required by the Engineering Division
• Community Development Department • Planning Division •
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Exhibit "A"
Design Review Committee Permit No. 3030 Page 8
Conditions of Approval
Manager, and obtain a Public Works permit prior to any work within the public right -of-
way. The applicant shall grant an easement to the City for pedestrian purposes for any
improvement such as driveway approaches for compliance with ADA requirements.
(Engineering)
14.2. Prior to issuance of certificate of occupancy, the applicant shall remove and replace any
existing public improvements at the development site which have existing damage, are
damaged due to construction, or otherwise below current standards, to the satisfaction of
the Engineering Division Manager. (Engineering)
14.3. Areas subject to vehicle loading, including internal streets, driveways, etc., shall consist of
Portland Cement Concrete (PCC) unless an alternative material is approved in the project
WQMP for infiltration purposes. (Engineering, Planning)
15. Subdivisions N/A
16. Traffic
16.1. The access driveway to the development shall be designed such as there is minimal
impact on the vehicle's tire upon ingress and egress from the driveway, as approved by
the Director of Community Development. (Engineering)
16.2. The quantity, location, width, and type of public driveways shall be subject to the
approval of the City Traffic Engineer. Prior to construction of any driveway approach
upon public street right -of -way, the applicant shall obtain a public works permit.
(Engineering)
16.3 Prior to the issuance of any grading permits, the applicant shall provide adequate sight
distance per Engineering Standard Plan 204 and 205 at all street intersections,
driveways, and parkways, in a manner meeting the approval of the Engineering Division
Manager. The applicant shall make all necessary revisions to the plan to meet the sight
distance requirement such as removing slopes or other encroachments from the limited
use area in a manner meeting the approval of the Engineering Division Manager and
City Planner. (Engineering)
16.4. 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 Marshall.
(Building OCFA)
16.5. Cerritos Avenue and Moody Street shall be fully improved with curb, gutter, and
sidewalk, repair drive closures, drive approaches, etc., in accordance with the City's
Code requirements of Streets. (Engineering)
• Community Development Department • Planning Division •
356
Exhibit "A"
Design Review Committee Permit No. 3030
Conditions of Approval
17. Utilities
Page 9
17.1. Prior to certificate of occupancy, the applicant shall install all new and existing utility
services underground. (Engineering)
17.2. Attention is directed that trenching and backfill in streets shall be per City of Cypress
Public Works Standard Plan No. 109. Arterials shall be crossed by boring only. In
public streets, lateral open cuts spaced within 20 feet of each other shall be covered with
a one inch continuous asphalt concrete cap. (Engineering)
18. Drainage
18.1. Prior to issuance of grading or building permits, 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. (Engineering)
The applicant shall ensure the following requirements are met:
Drainage is solved to the satisfaction of the Engineering Division Manager.
The Grading Plan is consistent with the Water Quality Management Plan, Site
Plan and any Improvement Plan for proposed public storm drains.
- Submittal of a Preliminary Grading Plan if deemed necessary by the Engineering
Division Manager.
- 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 a drainage study, when determined necessary by the Engineering
Division Manager, evidencing that proposed drainage patterns will not overload
existing storm drains.
• Community Development Department • Planning Division •
357
Exhibit "A"
Design Review Committee Permit No. 3030
Conditions of Approval
Page 10
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, street flows,
catch basins, storm drains, and flood water retarding, will allow building pads to
be safe from inundation from rainfall runoff which may be expected from all
storms up to and including the theoretical 100 -year flood.
18.2. Prior to the issuance of Certificate of Occupancy, 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, and inspection and
dedication of the associated easements to the City of Cypress, if determined necessary. If a
bond is provided, the applicant shall construct all drainage improvements prior to certificate
of occupancy. (Engineering)
19. Storm Water Quality — National Pollutant Discharge Elimination System
19.1. Prior to the issuance of building permits, the applicant shall submit a certified copy of
the approved Final Water Quality Management Plan along with the final approved
Grading Plan and all other supporting documentation on a Compact Disc in digital file
format acceptable to the Engineering Division Manager. (Engineering, Water Quality)
19.2. For projects greater than one acre, prior to the issuance of any grading or building
permits, the applicant shall demonstrate compliance with California's General Permit for
Storm Water Discharges Associated with Construction Activity by providing a copy of
the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a
copy of the subsequent notification of the issuance of a Waste Discharge Identification
(WDID) Number; or other proof of filing in a manner meeting the satisfaction of the
Engineering Division Manager. Projects subject to this requirement shall prepare and
implement a Storm Water Pollution Prevention Plan (SWPPP). A copy of the current
SWPPP shall be kept at the project site and be available for City review on request. The
applicant shall ensure that the SWPPP is consistent with any City approved plan
including the grading plan, site plan, building plans, and water quality management plan.
(Engineering, Water Quality)
19.3. The applicant is directed to Chapter 13 Health and Sanitation, Article IV Cypress Water
Quality, Section 13 -23 (a) (9) regarding required submittal for a Water Quality
Management Plan (WQMP) to control urban runoff. This project has been classified as a
priority project under section XII New Development (Including Significant
Redevelopment) Order No. R8- 2009 -0030 of the Waste Discharge Requirements of the
California Regional Water Quality Control Board, Santa Ana Region for the cities within
County of Orange (NPDES Permit) available at
http: / /www.ocwatershed.com /Documents /R84thterm.pdf. Said WQMP shall include
best management practices for source control, pollution prevention, site design, and low
impact development as well as structural treatment controls among many factors. Site
design for controlling urban runoff must first evaluate infiltration, then harvest and water
• Community Development Department • Planning Division •
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Exhibit "A"
Design Review Committee Permit No. 3030
Conditions of Approval
Page 11
re -use, then evapotranspiration and only bio- treatment if the other three are not feasible.
Submittal and subsequent approval of the Preliminary Water Quality Management Plan
does not guarantee approval of the Final Water Quality Management Plan. Should the
final calculations and submittals not meet the required thresholds necessary to meet the
obligations of the City under the NPDES Permit for development and its incorporated
documents such as the Drainage Area Management Plan and Technical Guidance
Document, alterations to the site and the site plan may be required as prescribed by the
Director of Community Development to the WQMP. The aforementioned documents are
available for download at http: / /www.ocwatersheds.com /WQMP.aspx. Any significant
alteration to the site plan due to the Final WQMP may then require approval of the
Council of the revised site plan. Additionally, as required under the NPDES Permit,
attention is directed that the WQMP must identify a responsible party and implement
funding sources for maintaining any treatment controls as required as part of the
development and must ensure that appropriate easements and ownerships are properly
recorded in public records and access is made available for inspection of said devices.
(Engineering, Water Quality)
19.4. Prior to issuance of certificate of occupancy, the applicant shall clean all on site storm
drain systems, catch basins, filters, storm drain lines, inlet boxes, etc. Additionally, upon
direction of the 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)
19.5. Prior to the issuance of any grading or building permits, the applicant shall submit for
review and approval by the Engineering Division Manager, a Water Quality
Management Plan (WQMP) specifically identifying Best Management Practices (BMPs)
that will be used onsite to control predictable pollutant runoff. The applicant's WQMP
shall be in conformance with the Orange County Drainage Area Management Plan
(DAMP), Model WQMP, and Technical Guidance Manual for reference, and the City's
WQMP template for submittal. This WQMP shall include the following:
Detailed site and project description
Potential stormwater pollutants
- Post- development drainage characteristics
- Low Impact Development (LID) BMP selection and analysis
- Structural and Non - Structural source control BMPs
- Site design and drainage plan (BMP Exhibit)
GIS coordinates for all LID and Treatment Control BMPs
Operation and Maintenance (O &M) Plan that (1) describes the long -term operation
and maintenance requirements for BMPs identified in the BMP Exhibit; (2) identifies
the entity that will be responsible for long -term operation and maintenance of the
referenced BMPs; and (3) describes the mechanism for funding the long -term
operation and maintenance of the referenced BMPs.
• Community Development Department • Planning Division •
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Exhibit "A"
Design Review Committee Permit No. 3030
Conditions of Approval
Page 12
The BMP Exhibit from the approved WQMP shall be included as a sheet in all plan sets
submitted for plan check and all BMPs shall be depicted on these plans. Grading and
building plans must be consistent with the approved BMP exhibit. (Engineering, Water
Quality)
19.6. Prior to the issuance of a certificate of occupancy, the applicant shall demonstrate
compliance with the City's NPDES Implementation Program in a manner meeting the
satisfaction of the 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 WQMP have been
implemented, constructed and installed in conformance with approved plans
and specifications
- Demonstrate that the applicant has complied with all non - structural BMPs
described in the project's WQMP
- Submit for review and approval an Operations and Maintenance (O &M) Plan
for all structural BMPs (the O &M Plan shall become an attachment to the
WQMP)
- Demonstrate that copies of the project's approved WQMP (with attached O &M
Plan) are available for each of the initial occupants
- Agree to pay for an inspection (special investigation) from the City for a date
12 months after the issuance of a certificate of occupancy for the project to
verify compliance with the approved WQMP and O &M Plan
- Demonstrate that the applicant has RECORDED one of the following:
•
The CC &R's (that must include the approved WQMP and O &M
Plan) for the project's Home Owner's Association;
A water quality implementation agreement that has the approved
WQMP and O &M Plan attached; or
The final approved Water Quality Management Plan (WQMP) and
Operations and Maintenance (O &M) Plan. (Engineering, Water
Quality)
19.7. Prior to the issuance of any grading or building permit, the applicant shall submit an
Erosion and Sediment Control Plan (ESCP) in a manner meeting approval of the
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
• Community Development Department • Planning Division •
360
Exhibit "A"
Design Review Committee Permit No. 3030
Conditions of Approval
Page 13
the current ESCP shall be kept at the project site and be available for City review on
request by either the Building or Engineering Division. The ESCP will be inspected by
the Building Division. (Engineering, Water Quality)
19.8. The applicant shall be subject to all requirements of Section 13 -29 of the Cypress
Municipal Code regarding stormwater pollution prevention including, but not limited to,
obtaining a commercial /industrial stormwater discharge permit, prior to the issuance of a
final certificate of occupancy. (Engineering, Water Quality)
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)
19.10.The applicant shall construct new or modify its existing trash enclosure structure to
possess a solid covered roof that prohibits stormwater to enter and then discharge from
the enclosure. The applicant shall obtain all required permits from the Building
Department for construction and also obtain final inspection to ensure it meets the above
mentioned criteria prior to the issuance of a final certificate of occupancy. (Engineering,
Water Quality)
20. Building and Safety
20.1. Applicant/developer 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 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
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. An automatic fire sprinkler system, approved by the Orange County Fire Authority, is
required. (Building & Safety)
20.4. Type 5 cement shall be used for all foundations and slabs on grade. (Building & Safety)
20.5. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. thick
moisture barrier. (Building & Safety)
• Community Development Department • Planning Division •
361
Exhibit "A"
Design Review Committee Permit No. 3030
Conditions of Approval
Page 14
20.6. A stamped soil investigation report shall be submitted with the plans for plan check.
Report shall include soil bearing capacity, seismic study, in compliance with the Seismic
Hazard Mapping Act of the State of California, grading, paving, sulfate test, and other
pertinent information under good engineering practice. (Building & Safety)
20.7. Construction bins for non - recyclable and recyclable materials generated from any
construction site (residential and non - residential) must be placed "on site" out of the public
right -of -way unless a permit is obtained. (Building & Safety)
20.8. Prior to final certificate of occupancy, as required by California State Health and Safety
Code Section 19850, the applicant shall provide copies of the stamped approved plans and
any revisions on CD in PDF format to the City of Cypress Building Division to serve as the
official file copy of the approved building plans. (Building & Safety)
20.9. Building plans shall be stamped by a licensed engineer. (Building & Safety)
20.10. A pre - grading SWPPP's inspection is required prior to grading permit issuance. All
required grading stormwater BMPs shall be installed and inspected by the building
division prior to release of the grading permit. (Building & Safety)
21. Security
21.1. The property address shall be clearly identified on both sides of the freestanding sign base.
A minimum of six -inch (6 ") lettering shall be used for the property address. The property
address shall also be posted in a visible location on the building. (Police Department)
21.2. All exterior commercial doors, during the hours of darkness, shall be illuminated with a
minimum of one (1) footcandle of light. All exterior bulbs shall be protected by weather
and vandalism resistant cover(s). (Police Department)
21.3 Open parking lots, and access thereto, providing more than ten (10) parking spaces and for
use by the general public, shall be provided with a maintained minimum of one (1)
footcandle of light on the parking surface from dust until the termination of business every
operating day. The landscaping and lighting plans for the project shall also be subject to
review by the Cypress Police Department. (Police Department)
22. Antennas N/A
23. Alcohol — On Sale N/A
24. Alcohol — Off Sale N/A
25. Fire
25.1. 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
• Community Development Department • Planning Division •
362
Exhibit "A"
Design Review Committee Permit No. 3030
Conditions of Approval
Page 15
exterior of the proposed structure. This plan shall indicate the location of the nearest fire
hydrant to the property line. When a dead -end street exceeds 150 feet or when otherwise
required, a clearly marked fire apparatus access turnaround must be provided and
approved by the Fire Chief. The applicant may contact the OCFA at (714) 573 -6100 or
visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access.
(OCFA)
25.2. Prior to the issuance of any building permits, 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 curbs and signage and include a detail
of the proposed signage including the height, stroke and colors of the lettering and its
contrasting background. Please contact the OCFA at (714) 573 -6100 or visit the OCFA
website to obtain a copy of the "Guidelines for Emergency Access Roadways and Fire Lane
Requirements." (OCFA)
25.3. Prior to the issuance of any certificate of occupancy, the fire lanes shall be installed in
accordance with the approved fire master plan. The CC &R'S's or other approved
documents shall contain a fire lane map, provisions prohibiting parking in the fire lanes and
a method of enforcement. (OCFA)
25.4. 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 applicable water district and submitted to the Fire
Chief for approval. (OCFA)
25.5. Prior to the issuance of a building permit, the applicant shall submit plans for the required
automatic fire sprinkler system in the structure to the Fire Chief for review and approval.
Please contact the OCFA at (714) 573 -6100 to request a copy of the "Orange County Fire
Authority Notes for New NFPA 13 Commercial Sprinkler Systems." (OCFA)
25.6. Prior to the issuance of a certificate of occupancy, this system shall be operational in a
manner meeting the approval of the Fire Chief. (OCFA)
25.7. 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. Please contact the OCFA at (714) 573 -6100 or
visit the OCFA website to obtain a copy of the "Guideline for New and Existing Fire Alarm
Systems." This system shall be operational prior to the issuance of a certificate of
occupancy. (OCFA)
Effective: 6 -8 -2015
• Community Development Department • Planning Division •
363
Exhibit "A"
Design Review Committee Permit No. 3030
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 — On Sale
24. Alcohol — Off Sale
25. Fire
Page 16
• Community Development Department • Planning Division •