Resolution No. 6511407
RESOLUTION NO. 6511
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 3029
- 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 4.19.070 of the Zoning Ordinance of the City of Cypress to add
onsite sale of beer and wine, outdoor seating, and remodel the Cypress Village Shopping
Center located at 9515 -9575 Valley View Street within the CG Commercial General
Zone /CC Civic Center Combining 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 /CC Civic Center Combining 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 location of the conditional use is consistent with
the requirements of the General Plan and the zoning district in which the site
is located.
(2) The proposed location of the conditional use and the
conditions under which it would be operated or maintained would not be
detrimental to the public health, safety, or general welfare, nor would be
materially injurious to properties or improvements in the vicinity.
(3) The proposed conditional use would comply with all applicable
provisions of the Zoning Ordinance and the California Department of
Alcoholic Beverage Control (ABC).
(4) The proposed shopping center remodel would provide
sufficient onsite parking to accommodate the proposed uses.
(5) The proposed conditional use permit would be consistent with
the ABC requirements regarding the outdoor consumption of beer and wine.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Conditional Use Permit No. 3029, 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.
408
PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular
meeting held on the 22nd day of June, 2015.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR O' THE 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 22nd 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
CITY CLERK CAF THE CITY OF CYPRESS
409
EXHIBIT "A"
Conditional Use Permit No. 3029
9515 -9575 Valley View Street
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 •
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Exhibit "A"
Conditional Use Permit No. 3029
Conditions of Approval
Page 2
1.7. All applicable conditions of the project shall be complied with prior to a certificate of
occupancy of the subject building. (Planning)
1.8. 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. (Planning)
2. Planning
2.1. Any expansion or modification of the approved use beyond what is approved as part of this
Conditional Use Permit will require an amendment to the conditional use permit.
(Planning)
2.2. All business activity shall occur within the building and the enclosed outdoor patio areas.
Temporary use permits may be granted for additional outdoor activities in accordance with
Section 19, of the Cypress Zoning Ordinance. (Planning)
2.3. This conditional use permit may be modified or revoked by the City Council should the
Council determine that the proposed use or conditions under which it is being operated or
maintained is detrimental to the public health, safety, or welfare, or materially injurious to
properties or improvements in the vicinity. (Planning)
2.4. The project shall comply with all applicable mitigation measures as referenced in the
Negative Declaration prior to issuance of Certificate of Occupancy. (Planning)
2.5. On -site lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic. (Mitigation Measure AES -1)
(Planning)
2.6. 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 any grading or building permits. 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 AQ -1) (Planning)
2.7. All trucks hauling dirt, sand, soil or other loose materials off -site shall be covered or
watered or shall maintain at least two feet of freeboard (i.e., minimum vertical
distance between the top of the material and the top of the truck). Mud - covered tires
and under - carriages of trucks shall be washed prior to leaving the construction site.
(Mitigated Measure AQ -2) (Planning)
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 3029
Conditions of Approval
Page 3
2.8. Adjacent streets shall be swept as needed to remove dirt dropped by construction
vehicles or mud that would otherwise be carried off by trucks departing the site.
(Mitigation Measure AQ -3) (Planning)
2.9. All construction vehicles shall be prohibited from idling in excess of five minutes,
both on and off -site. Signs shall be posted limiting idling to five minutes.
(Mitigation Measure AQ -4) (Planning)
2.10. All structures shall be designed as confirmed, during the building design plan
checking, to withstand anticipated ground shaking 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 California Building Code. (Mitigation Measure
GEO -1) (Planning)
2.11. 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 Department
for approval prior to the issuance of a grading permit. The report shall specify design
parameters necessary to remediate any soils and geologic hazards. (Mitigation
Measure GEO -2) (Planning)
2.12. Project building shall be constructed to meet Title 24 requirements. The project
shall also include energy efficiency measures by incorporating green building
material, which will reduce the project's energy demand. (Mitigation Measure
GHG -1) (Planning)
2.13. The project shall reduce GHG emissions by reducing energy demand through the
installation of energy efficient lighting, water efficient toilets, and fixtures.
(Mitigation Measure GHG -2) (Planning)
2.14. The project shall incorporate efficient water management practices such as
hydrozoning by grouping plants with the same water needs. This strategy shall
include the incorporation of drought resistant or low -water plants and water -
efficient irrigation techniques. (Mitigation Measure GHG -3) (Planning)
2.15. At least 50 percent of construction waste (by weight) shall be recycled. (Mitigation
Measure GHG -4) (Planning)
2.16. 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.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 3029
Conditions of Approval
Page 4
• 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 bag 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.
• Re- vegetated areas shall be continually maintained in order to assure
adequate growth and root development. (Mitigated Measure HWQ -1)
(Planning)
2.17. Developer /Property owner shall submit a SWPPP which identifies construction and
post construction BMPs to the Engineering Division for review and approval.
(Mitigation Measure HWQ -2) (Planning)
2.18. Prior to issuance of building permits, the applicant shall submit for approval of the
City Public Works Department, a Water Quality Management Plan (WQMP)
specifically identifying Best Management Practices (BMP's) that will be used on-
site to control predictable pollutant runoff. (Mitigation Measure HWQ -3)
(Planning)
2.19. Grading and exterior building construction activities shall be limited to the hours
between 7:00 a.m. and 8:00 p.m., Monday through Friday, and 9:00 a.m. to 8:00
p.m. on Saturday. 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. (Mitigation Measure NOI -1) (Planning)
2.20. Recorded and /or live music shall be prohibited in the outdoor dining area.
(Mitigation Measure NOI -2) (Planning)
2.21. All rooftop and exterior mechanical equipment for the project shall 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 NOI -3) (Planning)
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 3029
Conditions of Approval
Page 5
2.22. Delivery trucks shall not be permitted to idle on -site. (Mitigation Measure NOI -4)
(Planning)
2.23. Truck deliveries shall be limited to the daytime hours of 8:00 a.m. to 8:00 p.m.,
Monday through Saturday, and 9:00 a.m. to 8:00 p.m., on Sundays. (Mitigation
Measure NOI -5) (Planning)
2.24. Trash shall not be dumped into the outdoor trash bins between 8:00 p.m. and 8:00
a.m. (Mitigation Measure NOI -6) (Planning)
2.25. Trash pickups shall not occur before 7:00 a.m. or after 6:00 p.m. (Mitigation
Measure NOI -7) (Planning)
2.26. Parking lot sweepers shall not be used at the site prior to 8:00 a.m. or after 8:00
p.m. (Mitigation Measure NOI -8) (Planning)
2.27. Exterior building construction activities, as well as interior building construction
shall be limited to the noise limits 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 NOI -9) (Planning)
2.28. A screen wall (noise wall), shall be provided between Building 1 and Building 2 at
the west end of the outdoor seating area. (Mitigation Measure NOI -10) (Planning)
2.29. City staff shall provide the City Council with a six month review regarding any
concerns or issues commencing six months from the opening date of the first
restaurant. (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. 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)
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 3029
Conditions of Approval
Page 6
3.4. 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)
3.5. The developer shall maintain an eight foot high block wall along the west and south
property lines. The wall shall be maintained to the satisfaction of the Community
Development Department. (Planning)
4. Signage
4.1. A comprehensive sign program for both building and freestanding monument signs shall be
submitted for Community Development Department approval prior to the installation of
any signs. 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)
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 the Community
Development Department 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 City's water efficiency
ordinance 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)
5.4. Landscape irrigation pipes and sprinkler heads 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 alleyway and 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. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited. (Planning)
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 3029
Conditions of Approval
Page 7
6.4. Outside public address speakers, telephone bells, buzzers, and similar devices which are
audible on adjoining properties are hereby prohibited. (Planning)
6.5. The City Council shall maintain the right to review the business hours of operation and
may, subject to a public hearing, limit the hours should substantiated complaints be
received that the business hours are creating an adverse impact upon neighboring
properties. (Planning)
6.6. The parking lot shall be used solely for vehicular parking, unless otherwise approved in
writing by the Director of Community Development. (Planning)
6.7. The alley located behind Building 1 and Building 2 shall be designated as one -way only.
The applicant shall provide adequate signage, as approved by the Director of Community
Development, at the entrance of the alley limiting access to one -way only. (Planning)
6.8. The business hours of operation for the Cypress Village Shopping Center shall be limited to
the hours of 6:00 a.m. to 12:00 midnight seven days a week. Use of the outdoor
dining /patio areas shall be limited to the hours of 9:00 a.m. to 10:00 p.m. Sunday through
Thursday and 9:00 a.m. to 11:00 p.m. Friday and Saturday. Signage shall be displayed
indicating the hours of operation in the outdoor patio areas. (Planning)
7. Property Maintenance
7.1. All walls, fences, and trash enclosures shall be maintained free of significant surface cracks,
dry rot, warping, missing panels or blocks, which threaten the structure's structural integrity
or graffiti which threatens the appearance. (Planning)
7.2. Parking lot surfaces and pedestrian walkways shall be maintained in a safe condition such
that any concrete, asphalt, or other driving or walking surfaces are free of potholes, buckled
or cracked surfaces, or raised areas. (Planning)
7.3. The property shall be maintained free of the accumulation of trash and debris. Trash and
debris associated with the permitted uses are to be stored solely in designated trash
enclosures. (Planning)
7.4. Exterior building elevations shall be maintained such that the buildings are free of broken,
missing or significantly cracked surface finished materials. (Planning)
7.5. Commercial - The property owner shall maintain the site, the publically accessible interior,
and publically viewable exterior of the building(s) clear of all graffiti, including but not
limited to bathrooms and dining areas if applicable. All graffiti shall be removed within 24
to 48 hours once notified in writing by the City. (Planning)
• Community Development Department • Planning Division •
416
Exhibit "A"
Conditional Use Permit No. 3029
Conditions of Approval
8. Fees
Page 8
8.1. Prior to issuance of Grading Permit, the applicant shall pay for 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
- 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 the required Fish and Game impact fee
in the form of a check payable to the County Clerk- Recorder in the amount of $2,919.00
(this fee already includes the $50.00 County administrative fee), to enable the City to file
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. (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
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)
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 3029
Conditions of Approval
Page 9
9.2. Prior to issuance of 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 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 N/A
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. Prior to issuance of certificate of occupancy, the applicant, as required by Ordinance No.
1065 for Food Service Establishments, shall install a grease control device that meets the
requirements of Uniform Plumbing Code Section 1014.0 (Appendix H) and conforms to
the minimum requirements as specified in City of Cypress Standard Plan No. 299, Sand/Oil
Separator & Grease Interceptor with Sample Box. (Water Quality) The trash enclosure
constructed for the free standing restaurant shall have a connection from the enclosure floor
drain to the grease interceptor. (Engineering)
11.3. Prior to certificate of occupancy, the applicant shall demonstrate that the business owner
has properly trained their employees on the proper disposal of fats, oil, and grease best
management practices. (Water Quality)
12. Street Trees N/A
13. Street Lighting N/A
14. Streets
14.1. Prior to issuance of certificate of occupancy, the applicant shall ensure that the property
frontage along Valley View Street and Orange Avenue meets the requirements of the
Federal American Disabilities Act (ADA) and State of California Title 24. This includes
but is not limited to sidewalks and pedestrian access across the three driveways (two along
Valley View St. and one along Orange Ave. — total area of driveways to be replaced for
ADA compliance is approximately 1,040 sf). Should it be necessary, for ADA compliance,
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 3029
Conditions of Approval
Page 10
the applicant shall grant an easement to the City to provide for pedestrian access across the
subject driveways. Additionally, 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 design standards. The applicant shall submit an
improvement plan in accordance with the aforementioned design standards and as required
by the Engineering Division Manager, and obtain a Public Works Permit from the
Community Development Department prior to commencement of the subject work.
(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)
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 City Engineer. (Engineering)
16.2. The 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 driveways 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)
17. Utilities
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
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)
• Community Development Department • Planning Division •
419
Exhibit "A"
Conditional Use Permit No. 3029
Conditions of Approval
18. Drainage
Page 11
18.1. Prior to issuance of grading or building permits or recordation of the subdivision map,
whichever comes first, at the direction of the Engineering Division Manager, the applicant
shall submit a grading plan for approval, in ink, on Mylar, signed and stamped by a
registered California civil engineer and using actual grades from an Orange County
Surveyor's Benchmark on a form acceptable to the Engineering Division Manager.
(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 AC parking areas 1.5% and 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.
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 recordation of a subdivision map (except maps for financing and conveyance
purposes only) or prior to the approval of final inspection, whichever occurs first, 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)
• Community Development Department • Planning Division •
420
Exhibit "A"
Conditional Use Permit No. 3029
Conditions of Approval
19. Storm Water Quality — National Pollutant Discharge Elimination System
Page 12
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
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
• Community Development Department • Planning Division •
421
Exhibit "A"
Conditional Use Permit No. 3029
Conditions of Approval
Page 13
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.
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
• Community Development Department • Planning Division •
422
Exhibit "A"
Conditional Use Permit No. 3029
Conditions of Approval
Page 14
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
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)
• Community Development Department • Planning Division •
423
Exhibit "A"
Conditional Use Permit No. 3029
Conditions of Approval
Page 15
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 trash enclosure next to the free - standing restaurant shall have a floor
drain that drains to the in- the - ground grease interceptor that shall be installed for the
facility. 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. Type 5 cement shall be used for all new foundations and slabs on grade. (Building &
Safety)
20.4. All new slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
thick moisture barrier. (Building & Safety)
20.5. 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)
20.6. 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)
20.7. Building plans shall be stamped by a licensed engineer or architect as applicable.
(Building & Safety)
20.8. 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)
• Community Development Department • Planning Division •
424
Exhibit "A"
Conditional Use Permit No. 3029
Conditions of Approval
21. Security
Page 16
21.1. Proper signage for the patio areas shall be in compliance with the California Department
of Alcohol Beverage Control (ABC) rules and regulations. (Police Department.)
21.2. Proper lighting shall be installed in the alleyway and parking lot (areas of low visibility),
in accordance with the City of Cypress zoning ordinance for the safety of
customers /employees, businesses, and vehicles. (Police Department)
21.3. The front door and windows shall be free of posters and art work that can obscure a
street view into the businesses. (Police Department)
21.4. It is recommended that each individual tenant install and maintain a closed circuit television
system which is capable of maintaining a minimum 30 day library of events, and is
available for downloading and inspection by the Cypress Police Department. (Police
Department)
22. Antennas N/A
23. Alcohol — On Sale
23.1. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic
Beverage Control (ABC) prior to this conditional use permit becoming effective.
(Planning)
23.2. The sale of beer and/or wine for consumption off the premises is prohibited. (Police
Department)
23.3. Sales, service, and consumption of alcoholic beverages shall be permitted only between the
hours of 10:00 a.m. to 12:00 midnight seven days a week. (Police Department)
23.4. The rear door(s) shall be kept closed at all times during the operation of the premises except
in cases of emergency and to permit deliveries. Said door(s) not to consist solely of a
screen door or ventilated security door. (Police Department)
23.5. There shall be no exterior advertising of any kind or type, including advertising directed to
the exterior from within, promoting or indicating the availability of alcoholic beverages.
Interior displays of alcoholic beverages which are clearly visible to the exterior shall
constitute a violation of this condition. (Police Department)
23.6. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee. (Police Department)
23.7. The windows of the premises shall not be tinted or covered in a way which obstructs a clear
view of the interior of the premises from the exterior. (Police Department)
• Community Development Department • Planning Division •
425
Exhibit "A"
Conditional Use Permit No. 3029
Conditions of Approval
Page 17
23.8. The use of any amplifying system, outdoor sound system, loudspeakers, paging system or
any other such device is prohibited on the licensed premises. (Police Department)
23.9. All signage on the business and within the business that is visible to the exterior shall
comply with Cypress Municipal Code Sign Regulations. (Police Department)
23.10. There shall be no live entertainment, amplified music, disc jockey, karaoke, or dancing
allowed on the premises. One exception is the use of one (1) coin operated music player
commonly known as a "Jukebox" upon the premises during the hours of operation. When
the jukebox is in use, all windows and doors shall be closed. The sound from the jukebox
shall not be audible outside at any time if the doors are opened and immediately closed to
allow patrons in and out of the establishment. (Police Department)
23.11. Proper signage for the patio areas shall be in compliance with ABC's rules and regulations.
(Police Department)
24. Alcohol — Off Sale N/A
25. Fire N/A
Effective: 6 -22 -15
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
• Community Development Department • Planning Division •