Resolution No. 6527041
RESOLUTION NO. 6527
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 3039
- 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 establish a sign program for a restaurant food court project located at 5895
Katella Avenue, within the PC -3 Planned Community Business Park 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 July 16,
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 August 10, 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 to permit a compatible mix of uses, planned commercial
developments, and business parks.
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 sign program design is consistent with the
signage approved for other commercial properties located within the
Cypress Business Park.
(2) The proposed sign program is consistent with the applicable
sign guidelines of the McDonnell Center Amended Specific Plan.
c. The proposed 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. 3039, 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.
042
PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular
meeting held on the 10th day of August, 2015.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR OF .7E 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 10th day of August, 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
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CITY CLERK OF THE CITY OF CYPRESS
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 3037
(Food Court)
AND DESIGN REVIEW COMMITTEE PERMIT NO. 3039
(Sign Program)
5895 KATELLA 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)
• Community Development Department • Planning Division •
043
044
Exhibit "A"
Conditional Use Permit No. 3037 and
Design Review Committee Permit No. 3039
Conditions of Approval
Page 2
1.6. The applicant shall obtain a Cypress business license prior to commencement of the
business operation. (Finance)
1.7. All applicable conditions of the project shall be complied with prior to 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. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing. (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)
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)
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. (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)
• Community Development Department • Planning Division •
045
Exhibit "A"
Conditional Use Permit No. 3037 and
Design Review Committee Permit No. 3039
Conditions of Approval
Page 3
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 proposed signs shall be designed, constructed and installed as illustrated in the
Boardwalk Comprehensive Sign Program for both building and freestanding monument
signs. The developer and business owners shall not erect or display on the subject property
any signs which have not been approved in writing by the Community Development
Department, prior to issuance of building permits for the signs. (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 for new landscaping in onsite planters
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 City's water efficiency
ordinance as well as the water efficient requirements of the Cypress Zoning Code and the
City's Drought Response Management Plan. All irrigation shall be provided by a drip or
microspray system. (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)
• Community Development Department • Planning Division •
046
Exhibit "A"
Conditional Use Permit No. 3037 and
Design Review Committee Permit No. 3039
Conditions of Approval
Page 4
6.2. Adult supervision (over 21 years of age) shall be maintained on the business premises at all
times. (Planning)
6.3. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited. Outdoor patio dining furniture within the fenced dining area is
excluded from this restriction. (Planning)
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 business hours of operation for the Boardwalk restaurant food court shall be limited to
the hours of 6:00 a.m. through 12:00 midnight daily within the building. The use of the
outdoor dining /patio areas shall be limited to the hours of 6:00 a.m. through 10:00 p.m.
daily. Signage shall be displayed indicating the hours of operation in the outdoor patio
areas. (Planning)
6.6. 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)
6.7. 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
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. 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 •
047
Exhibit "A"
Conditional Use Permit No. 3037 and
Design Review Committee Permit No. 3039
Conditions of Approval
8. Fees
Page 5
8.1. Prior to issuance of building permit or as noted below, the applicant shall pay the following
fees per Resolution No. 6118, except as otherwise noted below. (Engineering)
- Traffic Mitigation Contribution for Los Alamitos Race Track Property (Per Agreement)
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
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 •
048
Exhibit "A"
Conditional Use Permit No. 3037 and
Design Review Committee Permit No. 3039
Conditions of Approval
Page 6
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
10.1. 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)
10.2. Prior to issuance of certificate of occupancy, the applicant shall install all landscaping and
irrigation per the approved landscaping and irrigation plan. (Engineering, Maintenance)
10.3. 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. Prior to the recordation of the subdivision map, 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)
• Community Development Department • Planning Division •
049
Exhibit "A"
Conditional Use Permit No. 3037 and
Design Review Committee Permit No. 3039
Conditions of Approval
Page 7
11.4. 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)
11.5. 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 a 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 N/A
17. Utilities
17.1. Prior to issuance of a 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)
18. Drainage
18.1. Prior to issuance of grading or building permits or recordation of the subdivision map,
whichever comes first, at the direction of the Engineering Division Manager, the applicant
shall submit a grading plan for approval, in ink, on Mylar, signed and stamped by a
registered Califomia civil engineer and using actual grades from an Orange County
Surveyor's Benchmark on a form acceptable to the Engineering Division Manager.
(Engineering)
• Community Development Department • Planning Division •
050
Exhibit "A"
Conditional Use Permit No. 3037 and
Design Review Committee Permit No. 3039
Conditions of Approval
The applicant shall ensure the following requirements are met:
Page 8
- 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 and AC parking
areas, and .2% for concrete.
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.
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. 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
• Community Development Department • Planning Division •
051
Exhibit "A"
Conditional Use Permit No. 3037 and Page 9
Design Review Committee Permit No. 3039
Conditions of Approval
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
recorded in public records and access is made available for inspection of said devices.
(Engineering, Water Quality)
19.3. 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)
19.4. 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
• Community Development Department • Planning Division •
052
Exhibit "A"
Conditional Use Permit No. 3037 and
Design Review Committee Permit No. 3039
Conditions of Approval
Page 10
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)
19.5. 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)
19.6. 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
• Community Development Department • Planning Division •
053
Exhibit "A"
Conditional Use Permit No. 3037 and Page 11
Design Review Committee Permit No. 3039
Conditions of Approval
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)
19.7. 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)
19.8. 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)
19.9. 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 also install floor drains inside the enclosures with
plumbing connected to the grease interceptor that will be installed for the proposed food
service establishments. 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)
19.10.The applicant shall install a trash capture device (screens, inserts, etc.) in all existing
catch basins associated with the facility to prevent any trash originating from food
service establishment activities and provide an ongoing maintenance program to ensure
its proper operation and effectiveness. (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
• Community Development Department • Planning Division •
054
Exhibit "A"
Conditional Use Permit No. 3037 and
Design Review Committee Permit No. 3039
Conditions of Approval
Page 12
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, may be
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)
20.6. Applicant/developer shall use fire retardant wood shingles for the roof, if applicable.
(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)
21. Security
21.1. The property address shall be clearly identified on both sides of the freestanding sign
base. A minimum of six -inch 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 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 parking spaces and for
use by the general public, shall be provided with a maintained minimum of one
footcandle of light on the parking surface from dusk until the termination of business
every operating day. (Police Department)
• Community Development Department • Planning Division •
055
Exhibit "A"
Conditional Use Permit No. 3037 and Page 13
Design Review Committee Permit No. 3039
Conditions of Approval
21.4. The lighting plans for the project shall also be subject to review by the Cypress Police
Department. (Police Department)
21.5. Proper signage for the patio areas shall be in compliance with the California Department
of Alcoholic Beverage Control (ABC) rules and regulations. (Police Department)
21.6. Proper lighting shall be installed at the back of the building and parking area (areas of
low visibility), in accordance with the City of Cypress Zoning Ordinance for the safety
of customers, employees, businesses, and vehicles. (Police Department)
21.7. Closed Circuit Television (CCTV) digital recorded video surveillance monitoring shall
be installed for the perimeter of the building. (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 prior to this conditional use permit becoming effective. (Planning)
23.2. Sales, service and consumption of alcoholic beverages shall be permitted only between the
hours of 10:00 a.m. to 12:00 midnight daily. (Police Department)
23.3. The sale of beer and/or wine for consumption off the premises is prohibited. (Police
Department)
23.4. 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)
23.5. The advertising of alcoholic beverages on the patio umbrellas shall be prohibited. (Police
Department)
23.6. The parking lot of the premises shall be adequately illuminated during hours of darkness to
the satisfaction of the Cypress Police Department. (Police Department)
23.7. No alcoholic beverages shall be sold from ice tubs or containers. (Police Department)
23.8. Signs shall be posted at all exits of the premises which prohibit alcoholic beverages from
leaving the confines of the premises. (Police Department)
23.9. At any time when the licensee(s) are absent from the premises they shall designate a
responsible party on the premises who can assist or facilitate any peace officer inquiries.
(Police Department)
• Community Development Department • Planning Division •
056
Exhibit "A"
Conditional Use Permit No. 3037 and
Design Review Committee Permit No. 3039
Conditions of Approval
Page 14
23.10. The occupancy of the premises shall be prominently posted and monitored at all times.
(Police Department)
23.11. Pre - recorded music in the outdoor area shall comply with the noise provisions of the
Cypress Zoning Code. The music shall not be audible within buildings located on
adjoining properties. (Planning)
23.12. The front, rear, and sides of the exterior of the premises, as well as all adjacent parking lots
under the control of the licensee, shall be illuminated at all times while the premises are
open for business in such a fashion that persons standing outdoors at night are readily
identifiable by law enforcement personnel. (Police Department)
23.13. There shall be no special promotional events held on the property, unless a written request
for such is received and approved by the City of Cypress Director of Community
Development and the Police Department at least one week prior to the event. (Police
Department)
23.14. All employees of the business who sell or serve alcoholic beverage products shall be
required to complete a state approved Responsible Beverage Service (RBS) training
program. RBS has three essential elements: The adoption of alcohol - service policy for
ABC - licensed establishments; the providing of server education and guidance; and the
development of partnerships between law enforcement, local government and
community groups. For new employees, RBS training must be completed within 30
days of the date of hire. The employer must keep in the personnel file of each employee, a
copy of the completed RBS certificate, and shall produce it at any time at the request of the
Cypress Police Department. RBS training is available on -line and a list of acceptable
trainers can be found at http: / /www.abc.ca.gov /programs/RBS.html (Police Department)
23.15. 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)
23.16. The business owner(s) shall serve their alcohol beverages in containers which will
significantly differ in appearance from those containers utilized by any other licensees
located in the food court. (ABC)
23.17. The petitioner(s) shall be responsible to ensure that no patron leaves the common dining
area with an open container of alcoholic beverage. (ABC)
23.18. No sales of alcoholic beverages can be made in the common dining patio area. (ABC)
23.19. Sales and service of alcoholic beverages on said enclosed patio /dining area shall be
restricted to waiter /waitress service. (ABC)
• Community Development Department • Planning Division •
057
Exhibit "A"
Conditional Use Permit No. 3037 and Page 15
Design Review Committee Permit No. 3039
Conditions of Approval
23.20. No patrons shall be permitted to carry any alcoholic beverages from the interior portion of
the premises to said enclosed patio /dining area. (ABC)
23.21. The business owner(s) shall be responsible for all violations of law which may occur within
the interior portion of the premises, in said enclosed patio /dining area, and in the public
walkway which separates the interior portion of the premises from said enclosed
patio /dining area. (ABC)
23.22. Any violation of the Alcoholic Beverage Control Act occurring in the common patio dining
area, constituting grounds for suspension or revocation of license shall be enforced by the
local office of the California Department of Alcoholic Beverage Control. (ABC)
24. Alcohol — Off Sale N/A
25. Fire
25.1. The applicant or responsible party shall submit the plan(s) listed below to the Orange
County Fire Authority for review. Approval shall be obtained on each plan prior to
issuance of a building permit. (OCFA)
• Fire master plan (PR145)
• Architectural (PR200- PR285)
• Underground piping for private hydrants and fire sprinkler systems (PR470- PR475)
• Fire sprinkler system (PR400- PR465)
25.2. The applicant or responsible party shall submit the plan(s) listed below to the Orange
County Fire Authority for review. Approval shall be obtained on each plan prior to
concealing interior construction. (OCFA)
• Sprinkler monitoring system (PR500)
• Fire alarm system (PR500- PR520)
• Hood and duct extinguishing system (PR335)
Effective: 8 -10 -2015
SECTIONS
1. General
2. Planning
3. Architectural
4. Signage
5. Landscaping
6. Operational
7. Property Maintenance
• Community Development Department • Planning Division •
058
Exhibit "A"
Conditional Use Permit No. 3037 and
Design Review Committee Permit No. 3039
Conditions of Approval
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 •