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Resolution No. 6603RESOLUTION NO. 6603 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TENTATIVE PARCEL MAP NO. 2015 -191 - WITH CONDITIONS. WHEREAS, an application was made by Mr. David Nguyen to create a one -lot subdivision for condominium purposes on the property located at 4771 Merten Avenue in the City of Cypress; and WHEREAS, the City Council considered evidence presented by the applicant, City staff, and other interested parties at a duly noted public hearing on January 9, 2017 held with respect thereto. NOW, THEREFORE, the City Council of the City of Cypress DOES HEREBY RESOLVE as follows: 1. The proposed map is compatible with the objectives, policies, general land uses, and programs specified in the General Plan of the City of Cypress in that: a. Specific land approvals will be granted in accordance with the Zoning Code of the City of Cypress. Creating the one -lot subdivision for residential purposes conforms with the intent of the Land Use Element of the City's General Plan and the Cypress Zoning Code. 2. The subdivision as designated on the tentative parcel map and supplemented by the conditions listed in Exhibit "A" attached and incorporated herein by reference, are compatible with the objectives, policies, general land uses, and programs specified in the General Plan of the City of Cypress in that: a. The subject property shall be improved in conformance with the present zoning and all applicable ordinances in effect at the time this map is recorded with the County of Orange. All necessary utility services shall be provided to the property in conformance with the Cypress Municipal Code. 3. The Tentative Parcel Map complies with all requirements of the State Subdivision Map Act and the Cypress Subdivision Ordinance. 4. None of the findings set forth in Government Code Section 66474 which would preclude approval of this tentative parcel map can be made. 5. The discharge of waste from the proposed subdivision into the existing community sewer shall not result in a violation of the existing requirements prescribed by the California Regional Water Quality Control Board having jurisdiction over the proposed subdivision pursuant to the provisions of Division 7 of the California Water Code (Sections 13000 et seq.). NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Tentative Parcel Map No. 2015 -191, 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. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 9th day of January 2017. AYOR OF THE CITY OF CYPRESS 025 ATTEST: woe 'x, 026 CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 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 9th day of January, 2017, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Yarc, Peat, and Morales NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None TO-C CITY CLERK OF THE CITY OF CYPRESS EXHIBIT "A" Conditional Use Permit No. 3079 and Tentative Parcel Map No. 2015 -191 4771 Merten 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 sec . - 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) shall be complied with prior to a certificate of occupancy being issued. (Planning) 1.6. 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) • Community Development Department • Planning Division • 027 028 Exhibit "A" Conditional Use Permit No. 3079 and Tentative Parcel Map No. 2015 -191 Conditions of Approval Page 2 1.7. All applicable conditions of the project shall be complied with prior to occupancy of the subject building. (Planning) 2. Planning 2.1. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Community Development Department. (Planning) 2.2. Any expansion or modification of the approved use beyond what is approved as part of this Conditional Use Permit will require an amendment to the conditional use permit. (Planning) 2.3. The developer shall provide mailbox facilities for each residence, to the satisfaction of the Director of Community Development and the Postmaster. (Planning) 2.4. Two (2) copies of the CC &R's covering the condominium development shall be submitted to the City staff (prior to recordation) for internal review, recommendation, and approval to assure the continuous maintenance applicability and enforceability of the CC &R's so that the development will not become a liability to the City at a later date. The CC &R's shall assign responsibility to the homeowners association for the maintenance of the common area, including driveways, parking areas, and landscaping (including the public parkway along Merten Avenue adjacent to the condominium project property). (Planning) 2.5. A copy of the Condominium Plan for this project shall be submitted to the City staff for review and approval prior to recordation. (Planning) 2.6. The condominium development shall maintain individual trash cans for each unit on -site (one for regular garbage, one for recyclables, and one for green waste). The CC &R's for this condominium development shall include provisions restricting the locations of the trash cans to the interior of the garage or within a fenced private yard, except the evening prior to and the day of trash pick -up service for the neighborhood. Individual trash cans shall be contracted through the City's disposal services contractor. (Planning) 2.7. The CC &R's for the project shall include a section requiring that the garage parking spaces shall be maintained open and available at all times for the parking of two vehicles. (Planning) 2.8. Open parking spaces shall remain unassigned. Guest parking spaces shall not be used for long -term parking. Restrictions for guest parking spaces shall be included in the CC &R's for the project. (Planning) 2.9. The project driveway shall consist entirely of concrete and include sections of decorative or stamped or colored concrete. The final color and locations of the stamped concrete shall be approved by the Community Development Department prior to the issuance of building permits. (Planning) • Community Development Department • Planning Division • 029 Exhibit "A" Conditional Use Permit No. 3079 and Tentative Parcel Map No. 2015 -191 Conditions of Approval 3. Architectural Page 3 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 structures. (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 ground mounted equipment shall be adequately screened from public view subject to the approval of City Staff. No roof mounted equipment such as heating and air conditioning unit shall be permitted. (Planning) 3.5. The transformer boxes and water valves shall be placed in locations acceptable to the Director of Community Development and shall be adequately screened from view with plant materials. (Planning) 3.6. During construction, the developer shall provide an adequate number of trash bins at a location acceptable to City staff. Construction bins must be maintained onsite. Bin rental shall be contracted through the City's disposal services contractor. (Planning) 3.7. If the second story windows create a privacy problem for adjacent property owners, measures shall be taken to resolve the problem. These mitigation measures shall be subject to Design Review and may consist of, but not be limited to, requirements for additional perimeter landscaping and/or window coverings as determined appropriate by the Design Review Committee. (Planning) 3.8. The roof materials for each of the units shall consist of concrete tile with the final color subject to the approval of the Cypress Planning Division. (Planning) 3.9. All interior fences dividing the private yard areas (not located within the front setback area) shall be a minimum of six feet tall, measured from highest adjacent grade. Fencing material shall be approved by the Planning Division prior to installment. (Planning) 4. Signage N/A 5. Landscaping 5.1. A detailed landscape and automatic irrigation plan shall be submitted to the Cypress Planning Division for review and approval at least sixty (60) days prior to issuance of a certificate of occupancy. In addition, a bond shall be posted with Public Works to guarantee against defects in plant materials and workmanship for a period of one (1) year • Community Development Department • Planning Division • 030 Exhibit "A" Conditional Use Permit No. 3079 and Tentative Parcel Map No. 2015 -191 Conditions of Approval Page 4 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) 5.5. The home owners association shall maintain all onsite landscape in good condition. Prior to issuance of occupancy, the applicant shall record an agreement with the adjacent property owner to the east securing the maintenance of the existing four -foot landscape area (easement) located between the two properties. If the applicant is unable to secure the agreement, the property's Home Owner's Association shall be required to maintain the subject four -foot wide landscape easement. (Planning) 6. Operational N/A 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. Driveway 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. Exterior building elevations shall be maintained such that the buildings are free of broken, missing or significantly cracked surface finished materials. (Planning) 7.4. The property owner shall maintain the site and all buildings, structures, walls, etc. free from all graffiti. All graffiti shall be removed within 24 to 48 hours once notified in writing by the City. (Planning) 8. Fees 8.1. The applicant shall pay the following fees per Resolution No. 6118, as noted below. (Engineering) • Community Development Department • Planning Division • 031 Exhibit "A" Conditional Use Permit No. 3079 and Tentative Parcel Map No. 2015 -191 Conditions of Approval Page 5 Park and Recreation (Prior to issuance of Building Permit) Drainage Fee for Master Drainage Plan (Prior to issuance of Building Permit) City -wide Traffic Improvement (Prior to issuance of Building Permit) Regional Traffic Improvement (Prior to issuance of Building Permit) Final Subdivision Map Check (Prior to submittal of Map) Sanitary Sewer Connection (Prior to issuance of Building Permit) Grading / On -Site (Non - Structural) Plan Check (Prior to submittal of Grading Plans) Grading Permit and Inspection (Prior to Permit issuance) Building Plan Check (Prior to submittal of Plans) Building Permit and Inspection (Prior to Permit issuance) 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) 9.2. Prior to recordation of a subdivision map, the applicant shall submit all public improvement plans and grading plans per the Public Works Standard Plans and specified design criteria. • Community Development Department • Planning Division • 032 Exhibit "A" Conditional Use Permit No. 3079 and Tentative Parcel Map No. 2015 -191 Conditions of Approval Page 6 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 recordation of a subdivision map, the applicant shall not grant any easements over any property subject to a requirement of dedication or irrevocable offer to the City of Cypress, unless such easements are expressly made subordinate to the easements to be offered for dedication to the City. Prior to granting any of said easements, the subdivider shall furnish a copy of the proposed easement to the City Engineer for review and approval. Further, a copy of the approved easement shall be furnished to the City Planner, prior to issuance of grading permit. (Engineering) 9.4. Prior to any street construction or relocation, when there are monuments in the project area which control the location of subdivisions, streets or highways, or provide survey control, the developer shall locate and reference the monuments and shall reset them after construction as required by Section 8771 of the Business and Professions Code, in a manner meeting the approval of the City Engineer. (Engineering) 9.5. The applicant shall notify the Director of Community Development in writing if any changes to parcel/tract map are proposed during the plan check process. Permits shall not be issued until the Director of Community Development has reviewed and approved the proposed changes for conformance with the intent of the City Council's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement may be required. (Engineering, Planning) 10. Landscaping within the Public Right -of -Way 10.1. Prior to issuance of building permits, the applicant shall submit a landscaping and irrigation plan including any landscaping within the public right -of -way to the Planning Division for approval with a copy to the Maintenance Division Manager. The subject landscaping and irrigation plans shall be designed to be in conformance with the City's water efficient landscape ordinance. (Engineering, Maintenance) 10.2. The applicant shall post a bond to guarantee against any defects in plant materials and workmanship. A soils report for all planting areas, prepared by a qualified agricultural laboratory, shall be submitted to Public Works for approval at least 30 days prior to planting date. Test results shall include concentration of nitrogen, phosphorus, potassium, ph, salinity, sodium status, and boron saturation extract. Drought tolerant landscape is encouraged and the landscaping will be irrigated from the private property meter. (Engineering, Maintenance) 10.3. Prior to issuance of certificate of occupancy, the applicant shall install all street landscaping and irrigation per the approved landscaping and irrigation plan. (Engineering, Maintenance) • Community Development Department • Planning Division • 033 Exhibit "A" Conditional Use Permit No. 3079 and Tentative Parcel Map No. 2015 -191 Conditions of Approval Page 7 10.4. The applicant or his successor in interest shall maintain the landscaping planted in the public right -of -way located along the frontage of their property in a healthy condition. (Engineering, Maintenance) 11. Sewer and Wastewater 11.1. The developer shall examine the existing lateral and provide proof that the capacity of the lateral is sufficient for intended use. If the existing lateral is not useable or does not have sufficient capacity, the developer shall construct a new public sewer lateral with a publicly owned cleanout /manhole in the public right -of -way at a location approved by the City Engineer. (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) 12. Street Trees N/A 13. Street Lighting N/A 14. Streets 14.1. Prior to the recordation of a subdivision map, the applicant shall reference on the subdivision map any parcels affected by two -way reciprocal access, joint drainage, joint irrigation, joint use and parking easements etc., and place a note on the final map reserving the easement for the benefit of applicable parcels on the map, in a manner meeting the approval of the City Engineer in consultation with the City Planner. (Engineering) 14.2. Prior to issuance of a certificate of occupancy, the applicant shall replace any deficient sidewalk or driveway approaches or cause to fix any other frontage improvement located in the public right -of -way that do not meet the requirements of the Americans with Disabilities Act (ADA) and State of California Title 24. The applicant shall submit a plan for any improvement, in consultation with or as required by the City Engineer, and obtain a Public Works permit prior to any work within the public right -of -way. The applicant shall grant an easement to the City for pedestrian purposes for any improvement such as driveway approaches for compliance with ADA requirements. (Engineering) 14.3. 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 City Engineer. (Engineering) • Community Development Department • Planning Division • 034 Exhibit "A" Conditional Use Permit No. 3079 and Tentative Parcel Map No. 2015 -191 Conditions of Approval Page 8 14.4. Prior to certificate of occupancy the applicant shall dedicate and fully improve with curb, gutter, sidewalk, drive closure, drive approach, paving, etc., the frontage along Merten Avenue, per the City Engineer in accordance with the City's Code requirement for streets. (Engineering) 14.5. Street name signs and traffic signs shall be installed per City Standards. (Engineering) 15. Subdivisions 15.1. Prior to issuance of building permits, the applicant shall ensure that the Parcel Map that meets all the requirements of the State Subdivision Map Act and City's Subdivision Ordinance, is recorded and a copy of the recorded map is submitted to the City Engineer. (Engineering) 15.2. All proposed street names for newly created streets, whether public or privately owned, shall be subject to the approval of the City. The developer shall submit to the Community Development Department a list of three (3) proposed names and the new street names shall be taken from this list or as recommended by City staff. New streets that align with existing streets shall use the existing street name. Building addresses shall be assigned by the City Building Division. (Planning, Engineering, Building & Safety) 16. Traffic 16.1. The access driveway to the development shall be designed such as there is minimal impact on the vehicle's tire upon ingress and egress from the driveway, as approved by the Director of Community Development. (Engineering) 16.2. The quantity, location, width, and type of public driveways shall be subject to the approval of the City Traffic Engineer. Prior to construction of any driveway approach upon public street right -of -way, the applicant shall obtain a public works permit. (Engineering) 16.3. Prior to the issuance of any grading permits, the applicant shall provide adequate sight distance per Engineering Standard Plan 204 and 205 at all driveways, and parkways, in a manner meeting the approval of the City Engineer. 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 City Engineer and City Planner. (Engineering) 17. Utilities 17.1. Prior to issuance of a certificate of occupancy, the applicant shall install all new and existing utility services underground. All underground utilities, including but not limited to water, gas, electrical, and telecommunication, shall have all meters, valves, pull- boxes, and other associated equipment, located within the property limits and outside of the public right -of -way. (Engineering) • Community Development Department • Planning Division • 035 Exhibit "A" Conditional Use Permit No. 3079 and Tentative Parcel Map No. 2015 -191 Conditions of Approval Page 9 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 a grading permit, at the direction of the City Engineer, 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 City Engineer. (Engineering) The applicant shall ensure the following requirements are met: Drainage is solved to the satisfaction of the City Engineer. 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 City Engineer. The topography of the area surrounding this development shall be made to establish existing drainage flow patterns. The minimum slope standards are met for 1% for landscape areas, AC parking areas 1.5 %, Concrete .2 %. All surface runoff and subsurface drainage directed to the nearest acceptable drainage facility, as determined by the City Engineer. 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 City Engineer, evidencing that proposed drainage patterns will not overload existing storm drains. Submittal of drainage studies, when determined necessary by the City Engineer, indicating how the project grading, in conjunction with the drainage conveyance systems including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding, will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100 -year flood. 18.2. Prior to the issuance of any grading permit, and if determined necessary by the City Engineer, the applicant shall record a letter of consent from the affected property owners permitting offsite grading, cross lot drainage, drainage diversions and/or unnatural • Community Development Department • Planning Division • 036 Exhibit "A" Conditional Use Permit No. 3079 and Tentative Parcel Map No. 2015 -191 Conditions of Approval Page 10 concentrations. The applicant shall obtain approval of the form of the letter of consent from the City Engineer before recordation of the letter. (Engineering) 18.3. Prior to the approval of final inspection, 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 City Engineer, and inspection and dedication of the associated easements to the City of Cypress, if determined necessary. If a bond is provided, the applicant shall construct all drainage improvements prior to certificate of occupancy. (Engineering) 19. Storm Water Quality — National Pollutant Discharge Elimination System 19.1. Prior to the issuance of building permits, the applicant shall submit a certified copy of the approved Final Water Quality Management Plan along with the final approved Grading Plan and all other supporting documentation on a Compact Disc in digital file format acceptable to the City Engineer. (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 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) • Community Development Department • Planning Division • 037 Exhibit "A" Conditional Use Permit No. 3079 and Tentative Parcel Map No. 2015 -191 Conditions of Approval Page 11 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 City Engineer, the applicant shall clean any public storm drain systems, catch basins, filters, lines, inlet boxes that the City Engineer 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 City Engineer, 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) 19.5. 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 City Engineer 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 • Community Development Department • Planning Division • 038 Exhibit "A" Conditional Use Permit No. 3079 and Tentative Parcel Map No. 2015 -191 Conditions of Approval Page 12 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 City Engineer 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) 20. Building and Safety 20.1. Applicant/developer shall obtain the required permits and comply with applicable provisions of the 2016 California Residential, Building, Plumbing, Electrical, and Mechanical Codes, the 2016 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 • Community Development Department • Planning Division • 039 Exhibit "A" Conditional Use Permit No. 3079 and Tentative Parcel Map No. 2015 -191 Conditions of Approval Page 13 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. Applicant/developer shall comply with all disclosure requirements of the Orange County Fire Authority for hazardous materials use and/or storage and the South Coast Air Quality Management District for exhaustion of air contaminants. (Building & Safety) 20.5. Type 5 cement shall be used for all foundations and slabs on grade. (Building & Safety) 20.6. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. thick moisture barrier. (Building & Safety) 20.7. Applicant/developer shall use fire retardant wood shingles for the roof, if applicable. (Building & Safety) 20.8. A stamped soil investigation report shall be submitted with the plans for plan check. Report shall include soil bearing capacity, seismic study, in compliance with the Seismic Hazard Mapping Act of the State of California, grading, paving, sulfate test, and other pertinent information under good engineering practice. (Building & Safety) 20.9. 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) 20.10. 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) 20.11.Building plans shall be stamped by a licensed engineer. (Building & Safety) 20.12.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) 20.13.Prior to the issuance of a building permit, a security deposit of 3% of the valuation of the project, with a minimum of $1,000 and maximum of $10,000, shall be provided to the City to guarantee completion of the required construction and demolition waste management plan and reporting. The security deposit shall be held by the City until a final waste diversion report has been completed and approved. Failure to comply with the diversion requirements set forth in the California Building and Cypress Municipal • Community Development Department • Planning Division • 040 Exhibit "A" Conditional Use Permit No. 3079 and Tentative Parcel Map No. 2015 -191 Conditions of Approval Page 14 Codes will result in forfeiture of the security deposit. Additional penalties and /or legal action may be taken in the event of improper disposal of construction and demolition waste or violation of the City's construction and demolition ordinance. (Building and Safety) 21. Security N/A 22. Antennas N/A 23. Alcohol — On Sale N/A 24. Alcohol — Off Sale N/A 25. Fire Effective: 1 -9 -2017 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 •