Resolution No. 6674RESOLUTION NO 6674
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 18143
SUBJECT TO CONDITIONS
WHEREAS, an application was made by Melia Homes to subdivide a single parcel
into 46 individual lots for the purpose of constructing 33 single-family homes and 12
condominium units on the property located at 5081 Orange Avenue; and
WHEREAS, the City Council considered evidence presented by the applicant, City
staff, and other interested parties at a duly noticed public hearing on June 11, 2018, held
with respect thereto.
NOW, THEREFORE, the City Council of the City of Cypress does hereby FIND
DETERMINE, and 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 Subdivision of the existing site into 46 parcels conforms with
the basic intent of the Land Use Element of the City's General Plan.
2. The subdivision as designated on the tentative tract 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 subject tentative tract map complies with all requirements of the California
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 tract 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. ).
6. Tentative Tract Map No 18143, subject to the conditions attached hereto as
Exhibit 'A, is hereby approved and adopted.
7 This resolution shall not be in force or effect unless the same is approved by
a majority of the voters casting a "yes' vote on a ballot measure, scheduled for the
November 6, 2018 General Election, to rezone the subject property from its current zoning
of PS -1A Public and Semi -Public to PC Planned Community (PC -14) to the zoning
designation set forth herein.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 11th day of June, 2018.
R OF THE CITY OF CYPRESS
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ATTEST
Ktti_r31 N(u3tELcv-1
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 11th day of June, 2018, by the following roll call vote:
AYES.
NOES
ABSENT
ABSTAIN:
3 COUNCIL MEMBERS: Johnson, Morales, and Peat
1 COUNCIL MEMBERS. Berry
0 COUNCIL MEMBERS: None
1 COUNCIL MEMBERS. Yarc
J�(ccJ(_ %&cam-lui3-1
CITY CLERK OF THE CITY OF CYPRESS
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EXHIBIT A
Oxford Place by Melia Homes
5081 Orange 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 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 .4ttornev)
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 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) and Cypress Building &
Safety Division shall be complied with prior to issuance of the last certificate of
occupancy (Planning)
1.6. All applicable conditions of the project shall be complied with prior to occupancy of the
last residence. (Planning)
1.7 Any and all correction notice(s) generated through the plan check and/or inspection process 42.8
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. Release of utilities shall not occur until all applicable 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. The project shall comply with all mitigation measures referenced in the Oxford Place
Initial Study/Mitigated Negative Declaration. (Planning)
2 5 Two copies of the CC&R's covering the 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 home owners association for the maintenance of the common
area, including intemal streets, parking areas, and landscaping (including the public
parkway along Orange Avenue), project sewer lines, northern perimeter screen trees
(including replacement if dead) and water quality management BMP maintenance.
(Planning)
2.6. A copy of the Condominium Plan for this project shall be submitted to the City staff for
review and approval prior to recordation. The condominium plan shall be recorded and a
copy provided to the City prior to the issuance of a certificate of occupancy (Planning)
2.7 The 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 development
shall include provisions requiring occupants to recycle and 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. Solid waste services
shall be contracted through the City s disposal services contractor. (Planning)
2.8. 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)
2.9 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)
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2.10 At least two weeks prior to the issuance of the first certificate of occupancy the applicant
shall meet with the project planner and members of the Building and Engineering
Divisions to ensure that all applicable conditions of approval have been satisfied
(Planning)
2.11. Building locations shall comply with the approved site plan. Modifications to the
approved site plan shall require approval by the City Council. Minor modifications to the
approved plans may be approved by the Director of Community Development.
2.12.A minimum six-foot high block wall shall be provided along the north, east, and west
property lines of the project site. The height of the block wall shall be measured from
the highest adjacent grade. The block wall along the east property line shall be
raised or a new block wall shall be provided adjacent to the existing wall. The gap
between the two walls shall not exceed one inch and shall be filled with a material
subject to approval by the Community Development Department. (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)
4 Roof mounted mechanical equipment, such as air conditioners and heating systems, shall
be prohibited. Solar panels are permitted and shall obtain a building permit from the City
prior to installation. (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 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)
4. Signage — N/A
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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 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 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. A redwood landscape retainer, a minimum of two inches by six inches in size, shall be
installed along all property lines where necessary to retain the landscape planters at
project boundaries. (Planning)
5 5 Landscape irrigation pipes and sprinkler heads shall be maintained in good working
order so as to cover all landscaped areas. (Planning)
5.6. The applicant/developer shall plant mature screening trees along the north (rear)
perimeter of the property. The trees located adjacent to the property at 5056
Eucalyptus Circle (lot 1) shall be Italian Cypress. These trees shall be minimum of
eight feet in height and three feet on center at the time of planting and maintained
at a height of 14-15 feet. The remaining trees along the north perimeter shall be
Podocarpus Henkelii planted ten feet on center at six to seven feet in height. The
homeowner's association shall maintain these trees as a hedge at a height not to
exceed 18' above the height of the block wall. The homeowner's association shall
maintain the trees so they do not encroach beyond the wall into the rear yards of
the neighbors to the north. (Planning)
5.7 All trees on the site shall be maintained in-place after project completion by the
homeowner's association. Any dead or diseased trees on the property shall be
replaced by the homeowner's association. Provisions for maintenance and
replacement of the trees shall be provided in the CC&R's. (Planning)
5.8. The trees located in the landscape islands in the parking area along the north
property line shall be Australian Willows, planted at a minimum 24' box size.
These trees shall be maintained so they do not encroach beyond the wall into the
neighboring properties. (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)
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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. 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. 6182, as noted below.
(Engineering)
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 48 hours of the approval of the 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
$2,330.75 (this fee already includes a $50.00 County administrative fee), to enable
the City to file the Notice of Determination pursuant to Fish and Game Code §711 4
and Califomia Code of Regulations, Title 14, section 753.5. If within such 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,
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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. 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 a 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
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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)
10.4 The applicant or his successor in interest shall maintain the landscaping planted in the
public right-of-way located along the Orange Avenue street frontage 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 he private sewer lines and shall be
maintained and cleaned by the developer, or successor in interest. The City of Cypress
shall have no responsibility for maintenance of the private sewer lines. (Engineering)
12. Street Trees
12.1. Prior to the issuance of certificate of occupancy the applicant shall install street trees
(as needed per City Engineer s determination) that are a minimum of 24 inch box in size
in conformance with Section 11 of the Cypress Zoning Code. (Maintenance)
12 2. All trees in the public right-of-way shall be installed and maintained in a healthy and
safe condition by the applicant or developer or successor in interest. (Maintenance)
13. Street Lighting - N/A
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14. Streets
14.1. Prior to the recordation of a subdivision map the subdivider shall place a note on the
map, in a manner that meets the approval of the City Engineer, that states.
'The private streets constructed within this map shall be owned, operated and
maintained by the developer, successors or assigns. The City of Cypress shall have no
responsibility for maintenance. (Engineering)
14.2. 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)
14.3. 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 for the
residential project located in the public right-of-way along Orange Avenue 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)
14.4. Prior to issuance of a certificate of occupancy the applicant shall remove and replace
any existing public improvements at the property frontage along Orange Avenue which
have existing damage. are damaged due to construction. or otherwise below current
standards, to the satisfaction of the City Engineer. (Engineering)
14.5. Prior to issuance of a certificate of occupancy the applicant shall dedicate and fully
improve with curb, gutter, sidewalk, drive closure, drive approach, paving, etc. along
the Orange Avenue project frontage, per the City Engineer in accordance with the City s
Code requirement for streets, as shown on the approved site plan. (Engineering)
14.6. 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/Tract
Map meets all requirements of the State Subdivision Map Act and City s Subdivision
Ordinance and that the map 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 proposed names and the new street
names shall be taken from this list or as recommended by City staff New streets that
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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 street intersections,
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. Any above -ground utility facilities, including
but not limited to water meters, pull boxes, valves. pedestals, vents, etc. shall be
located behind the public sidewalk in a dedicated Public Utility Easement area.
(Engineering)
17 2 Attention is directed that trenching and backfill in streets shall be per City of Cypress
Standard Plan No. 109 Arterials shall he crossed by boring only when feasible, as
approved by the City Engineer. 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 I. Prior to issuance of grading permits or recordation of the subdivision map, whichever
comes first, 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.
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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 I% 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 he 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 or prior to the issuance of any grading
permit, whichever comes first, 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 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 issuance of any grading permit, and if determined necessary by the City
Engineer, the applicant shall record a letter of consent, from the upstream and/or
downstream property owners permitting drainage diversions and/or unnatural
concentrations The form of the letter of consent shall be approved by the City Engineer
prior to recordation of the letter. (Engineering)
18.4. 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 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)
18.5 If the applicant proposes that the City operate and maintain a critical facility such as a
new City owned and operated storm water or sewer pump station, as part of the
development and the City concurs, the applicant shall deposit an amount, as determined
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by the City Engineer, to cover the design of the facility for which the City will use to
hire a design consultant and manage the design process. (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. 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
City Engineer. 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
(Malin')
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
titin: 'w VOA .ocwatershed com/Documents'RBdthtetm.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 conv'WQNIP.aspv. Any signiticant 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
I1
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 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)
19.5. 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 13) 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 City Engineer and Water Quality Manager, including.
Demonstrate that all structural Best Management Practices 1 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)
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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, Ifaler 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 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, demolition, 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.
If continued complaints are received regarding noise from grading or demolition,
further restrictions may be imposed on the start time of construction by the Director
of Community Development, up to a 9:00 a.m. start time. 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 & Safer)
20.3. An automatic fire sprinkler system, approved by the Orange County Fire Authority is
required. (Building & Sa%etrl
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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 & Safely)
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 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)
20.8. Construction bins for non -recyclable and recyclable materials generated from any
construction site (residential and non-residential) must be maintained on site out of the
public right-of-way unless a permit is obtained from the Engineering Division. Bin rental
shall be contracted through the City s disposal services contractor. (Building & Safety)
20 9 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)
20.10. Building plans shall be stamped by a licensed engineer. (Building & Safety)
20.11. 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)
20.12. Prior to the issuance of a building permit, in compliance with the City s C&D Ordinance.
a security deposit of $1.00 per square foot of building area with a minimum of $1,000
and maximum of $50,000 per phase of development, 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 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 & Safety)
21. Security
21 1 The landscaping and lighting plans for the project shall also be subject to review by the
Cypress Police Department. (Police Deparnnentl
22. Antennas N/A
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23. Alcohol — On Sale N/A
24. Alcohol — Off Sale N/A
25. Fire
25 1 Plan Submittal: 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 the event specified.
Prior to issuance of a grading permit, or a building permit if a grading permit is not
required:
fire master plan (service code PR145)
Prior to issuance of a building permit:
architectural (service codes PR200-PR285), when required by the OCFA 'Plan
Submittal Criteria Form
underground piping for private hydrants and fire sprinkler systems (service code
PR470-PR475)
fire sprinkler system (service codes PR400-PR465)
25 2. Prior to the issuance of a certificate of occupancy the developer shall be required to
enter into a Secured Fire Protection Agreement (SFPA) with the Orange County Fire
Authority (OCFA) that requires payment to help fund capital improvements if within 90
days following the date of approval of the Vesting Tentative Tract Map, OCFA provides
a current underlying study and fee resolution that explains how the payment was
calculated, and presents substantial evidence that (a) the OCFA has the lawful authority
to require such SFPA and payment and (b) the amount of the payment and the underlying
study comply with all applicable laws, regulations, ordinances and agreements. (ALFA)
26. Solid Waste
26.1. During demolition of the site, the applicant shall dispose of any PCB transformers,
fluorescent light ballasts, and all universal waste in accordance with requirements of the
California Green Code (Engineering, Water Quality)
26 2. Should the City s disposal services contractor be unable to collect solid waste within the
development using a standard sized trash truck, additional service charges may apply as
allowed by the City s solid waste franchise (Engineering, {hater Qualav)
27 Mitigation Measures
27.1. Any vegetation removal should take place outside of the active nesting bird season
(i.e. February 15—August 15), when feasible, to ensure compliance with the
California Fish and Game Code. Should vegetation removal take place during the
bird nesting season, a qualified biologist should conduct a nesting bird survey
within 3 days prior to construction activities to ensure that birds are not engaged
in active nesting within 100 feet of the project site. If nesting birds are discovered
during pre -construction surveys, the biologist should identify an appropriate
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buffer (i.e. up to 500 feet depending on the circumstances and specific bird species)
where no construction activities or other disturbances are allowed to occur until
after the birds have fledged from the nest. (Mitigation Measure No. BIO -I)
27.2. In the event that archaeological resources are discovered during excavation,
grading, or construction activities, work shall cease within 50 feet of the find until
a qualified archaeologist from the Orange County List of Qualified Archaeologists
has evaluated the find in accordance with federal, State, and local guidelines to
determine whether the find constitutes a `unique archaeological resource, as
defined in Section 21083.2(g) of the California Public Resources Code (PRC). The
Applicant and its construction contractor shall not collect or move any
archaeological materials and associated materials. Construction activity may
continue unimpeded on other portions of the project site. The found deposits shall
be treated in accordance with federal, State, and local guidelines, including those
set forth in PRC Section 21083.2. Prior to commencement of grading activities, the
Director of the City of Cypress (City) Community Development Department, or
designee, shall verify that all project grading and construction plans include
specific requirements regarding California PRC (Section 21083.2(80) and the
treatment of archaeological resources as specified above. (Mitigation Measure No.
CUL -I)
27 3. If paleontological resources are encountered during project excavation, all ground -
disturbing activities within 50 feet of the find shall be redirected to other areas
until a qualified paleontologist can be retained to evaluate the find and make
recommendations for additional paleontological mitigation, which may include
paleontological monitoring; collection of observed resources; preservation,
stabilization, and identification of collected resources; curation of resources into a
museum repository and preparation of a final report documenting the monitoring
methods and results to be submitted to the museum repository and the City. Prior
to commencement of grading activities, the Director of the City of Cypress
Community Development Department, or designee, shall verify that all project
grading and construction plans specify federal, State, and local requirements
related to the unanticipated discovery of paleontological resources as stated above.
(Mitigation Measure No. CUL -2)
27 4. In the event that human remains are encountered on the project site, work within
50 feet of the discovery shall be redirected and the County Coroner notified
immediately consistent with the requirements of California Code of Regulations
(CCR) Section 15064.5(e). State Health and Safety Code Section 7050.5 states that
no further disturbance shall occur until the County Coroner has made a
determination of origin and disposition pursuant to PRC Section 5097.98. If the
remains are determined to be Native American, the County Coroner shall notify
the Native American Heritage Commission (NAHC), which shall determine and
notify a Most Likely Descendant (MLD). With the permission of the property
owner, the MLD may inspect the site of the discovery The MLD shall complete the
inspection within 48 hours of notification by the NAHC. The MLD may
recommend scientific removal and non-destructive analysis of human remains and
items associated with Native American burials. Consistent with CCR Section
15064.5(d), if the remains are determined to be Native American and an MLD is
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notified, the City shall consult with the MLD as identified by the NAHC to develop
an agreement for treatment and disposition of the remains. Prior to the issuance of
grading permits, the Director of the City of Cypress Community Development
Department, or designee, shall verify that all grading plans specify the
requirements of CCR Section 15064.5(e), State Health and Safety Code Section
7050.5, and PRC Section 5097.98, as stated above. (Mitigation Measure No. RCM -
CUL -1)
27.5. Prior to issuance of the first building permit for the proposed buildings, the City
Engineer Building Official, or their designee, and the project soils engineer shall
review the building plans to verify that the structural design conforms to the
requirements of the Geotechnical Evaluation and the Supplemental Geotechnical
Evaluation and the City of Cypress (City) latest adopted edition of the California
Building Standards Code. Structures and walls shall be designed in accordance
with applicable sections of the City's Building Code. In addition, all soil stability
recommendations in the Geotechnical reports shall be incorporated into the final
grading plans. (Mitigation Measure No. RCM-GEO-1)
27.6. The Applicant's construction contractor shall implement the recommendations of
the Geotechnical Evaluation and Supplemental Geotechnical Evaluation prepared
for the proposed project, as applicable, to the satisfaction of the City of Cypress'
(City) Building Official, or designee, including, but not limited to:
Earthwork and grading shall be performed in accordance with the grading
ordinance of the City of Cypress, the 2016 California Building Standards
Code (CBSC), and recommendations contained in the Supplemental
Geotechnical Evaluation.
Foundations shall be designed in accordance with the 2016 CBSC.
Post -tensioned slabs shall be used to help mitigate the potential effects of
liquefaction -induced settlements.
Additional testing of the soils shall be performed during construction to
evaluate the as -graded conditions.
Excavation and/or over excavation to grade and remove or re -compact
unstable soils shall be included in the grading plans as specified in the
Supplemental Geotechnical Evaluation.
All other liquefaction recommendations listed in the Supplemental Geotechnical
Evaluation shall be incorporated into the design and construction of the proposed
project. (Mitigation Measure No. GEO-1)
27 7 Prior to commencement of demolition activities, the City of Cypress Director of
Community Development, or designee, shall verify that pre -demolition sun'eys for
asbestos -containing materials (ACMs) (including sampling and analysis of all
suspected building materials) are performed on buildings constructed prior to
1980. All inspections, surveys, and analyses shall be performed by appropriately
licensed and qualified individuals in accordance with applicable regulations (i.e.
OSTM International E 1527-05, and Code of Federal Regulations (CFR) Title 40,
Subchapter R, Toxic Substances Control Act [TSCA], Part 716).
17
Wherever evidence of ACMs is present in areas proposed for demolition, all such
materials shall be removed, handled, and properly disposed of by appropriately'
licensed contractors according to all applicable regulations during demolition of
structures (40 CFR, Subchapter R, TSCA, Parts 745, 761, and 763). During
demolition, air monitoring shall be completed by appropriately licensed and
qualified individuals in accordance with applicable regulations both to ensure
adherence to applicable regulations (e.g. South Coast Air Quality Management
District [SCAQMDJ) and to provide safety to workers and the adjacent
community. The Applicant shall provide documentation (e.g. all required waste
manifests, sampling, and air monitoring analytical results) to the Orange County
Fire Authority showing that abatement of any ACMs identified in these structures
has been completed in full compliance with all applicable regulations and approved
by the appropriate regulatory agencies (40 CFR, Subchapter R, TSCA, Parts 716,
745, 761, 763, and 795 and California Code of Regulations [CCR[ Title 8, Article
2.6). (Mitigation Measure No. RCM- HAZ-1)
27.8. Prior to issuance of a grading permit, the Applicant shall obtain coverage under
the State Water Resources Control Board (SWRCB) National Pollutant Discharge
Elimination System (NPDES) General Permit for Storm Water Discharges
Associated with Construction and Land Disturbance Activities (Order No. 2009-
0009-DWQ, as amended by 2010 -0014 -DWG and 2012-0006-DWQ, National
Pollutant Discharge Elimination System No. CAS000002) (Construction General
Permit). This shall include submission of Permit Registration Documents,
including a Notice of Intent (NOI) for coverage under the permit to the SWRCB
via the Storm Water Multiple Application and Report Tracking System
(SMARTS). Prior to commencement of construction activities, the Applicant shall
provide the Waste Discharge Identification Number (WDID) to the City Engineer
of the City of Cypress (City), or designee, to demonstrate proof of coverage under
the Construction General Permit. A Storm Water Pollution Prevention Plan
(SWPPP) shall be prepared and implemented for the proposed project in
compliance with the requirements of the Construction General Permit. The
SWPPP shall identify construction Best Management Practices (BMPs), such as
Erosion Control, Sediment Control, and Good Housekeeping BMPs, to be
implemented to ensure that the potential for soil erosion and sedimentation is
minimized and to control the discharge of pollutants in storm water runoff as a
result of construction activities. Upon completion of construction and stabilization
of the project site, the Applicant shall submit a Notice of Termination to the Santa
Ana Regional Water Quality Control Board (RWQCB) to terminate coverage
under the Construction General Permit. (Mitigation Measure No. RCM- WQ-I)
27.9. Prior to the issuance of any grading or building permits, the Applicant shall
prepare and submit a Final Water Quality Management Plan (WQMP) to the City
Engineer of the City of Cypress, or designee, for review and approval in
accordance with Section 13-23, Control of Urban Runoff, of the City of Cypress
Municipal Code. The Final WQMP shall be prepared consistent with the Orange
County Municipal Separate Storm Sewer System (MS4) Permit, the Drainage
Area Management Plan (DAMP), the Model WQMP and the Technical Guidance
Document. The Final WQMP shall specify final BMPs to be incorporated into the
design of the proposed project. (Mitigation Measure No. RCM- WQ-2)
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27.10. During operation, the Homeowner's Association (HOA) shall verify BMP
implementation and maintenance through inspection, self -certification, survey or
other equally effective measure. BMP maintenance and inspection shall be
conducted according to the schedule specified in the Final WQMP The
certification shall verify, at a minimum, the inspection and maintenance of all
structural BMPs, including inspection and required maintenance in the late
summer/early fall (prior to the start of the rainy season). The HOA shall retain,
and make available to the City upon request, operations, inspections, and
maintenance records of the BMPs for at least 5 years after the recorded inspection
date. In addition, the HOA shall ensure that long-term funding for BMP
maintenance is available. (Mitigation Measure No. RCM- WQ-3)
27.11. Prior to recordation of the Final Covenants, Conditions, and Restrictions
(CC&Rs) for the development, the City Engineer of the City of Cypress, or
designee, shall confirm that the duty to operate and perform maintenance on
BMPs on the project site is stated as an express obligation of the HOA in the
document. The CC&Rs shall further state that the HOA's Board of Directors shall
submit a formal notice of transfer to the City at any time responsibility for
operation and maintenance of the BMPs is transferred (e.g. from the Applicant
to the HOA). (Mitigation Measure No. RCM- WQ-4)
27.12. Prior to issuance of grading permits, the Applicant shall submit a final Hydrology
Report, or equivalent (such as a final Hydrology and Hydraulics Analysis), to the
City Engineer of the City of Cypress, or appropriate designee, for review and
approval. The Hydrology Report shall demonstrate, based on hydrologic
calculations, that the project's on-site storm conveyance and BMPs, including
landscaped areas, are designed in accordance with the requirements of the Orange
County Hydrology Manual and Orange County Local Drainage Manual. In
addition, the final Hydrology Report shall ensure that the increase in flow will not
exceed the capacity of the downstream storm drain system. (Mitigation Measure
No. RCM- WQ-5)
27.13. Prior to issuance of building permits, the City of Cypress (City) Director of
Community Development Department, or designee, shall verify that grading and
construction plans include the following requirements:
Ensure that the greatest distance between noise sources and sensitive
receptors during construction activities has been achieved.
Construction equipment, fixed or mobile, shall be equipped with properly
operating and maintained noise mufflers consistent with manufacturers'
standards.
Construction staging areas shall be located away from off-site sensitive
uses during the later phases of project development.
The construction contractor shall place all stationary construction
equipment so that emitted noise is directed away from sensitive receptors
nearest the project site whenever feasible.
19
The construction contractor shall use on-site electrical sources to power
equipment rather than diesel generators where feasible.
All residential units located within 300 feet of the construction site shall be
sent a notice regarding the construction schedule. A sign, legible at a
distance of 50 feet, shall also be posted at the construction site. All notices
and the signs shall indicate the dates and duration of construction
activities, as well as provide a telephone number for the `noise disturbance
coordinator.
A 'noise disturbance coordinator' shall be established. The disturbance
coordinator shall be responsible for responding to any local complaints about
construction noise. The disturbance coordinator shall determine the cause of the
noise complaint (e.g. starting too early bad muffler etc.) and shall be required to
implement reasonable measures to reduce noise levels. All notices that are sent to
residential units within 300 feet of the construction site and all signs posted at the
construction site shall list the telephone number for the disturbance coordinator.
(Mitigation Measure No. SC- NOI--1)
27.14. Prior to issuance of construction permits, the City of Cypress Building Official, or
designee, shall verify that that the approved plans indicate that mechanical
equipment (e.g. heating, ventilation, and air conditioning [HVAC[) on proposed
Lots 1 and 33 only shall have an A -weighted decibel (dBA) rating of less than 70.7
dBA when measured at 5 feet, or shall be structurally insulated to assure
compliance with the City Noise Ordinance. (Mitigation Measure No. NOI-1)
27.15. Prior to issuance of any certificates of occupancy, the Applicant shall submit a
Final Acoustical Memorandum, prepared by a qualified acoustical consultant, to
the City of Cypress. The City Building Official, or designee, shall verify that the
Final Acoustical Memorandum demonstrates that all units with exterior facades,
including all bedrooms, living areas, bathrooms, toilets, closets, and corridors,
comply with the City's interior noise standard (45 dBA Community Noise
Equivalent Level ICNELD, and that any units with outdoor living area comply
with the City's exterior noise standard (60 dBA CNEL). (Mitigation Measure No.
NOI-2)
27.16. The Applicant shall pay all applicable Development Impact Fees to the Anaheim
Union High School District. Proof of fee payment shall be provided to the City of
Cypress Building Official prior to the issuance of building permits. (Mitigation
Measure No. PS -1)
27.17 Prior to issuance of any building permits, the Applicant shall provide proof to the
Director of the City of Cypress Community Development Department, or
designee, that payment of park fees to the City of Cypress has been made in
compliance with the applicable provisions of Chapter 25, Article 6, Park and
Recreational Facilities, of the City of Cypress Municipal Code. (Mitigation
Measure No. RCM-REC-1)
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27.18. Prior to commencement of any ground -disturbing activities, the Applicant shall
present evidence to the Director of the City of Cypress Community Development
Department, or designee, that a qualified Native American monitor has been
contacted and will be allowed access to the project site to provide Native American
monitoring services during ground -disturbing project construction activities. The
Native American monitor shall be selected by the Applicant from the list of
certified Native American monitors maintained by the Gabrielefio Band of
Mission Indians — Kizh Nation and any other interested local Native American
tribe. If a local Native American tribe expresses an interest in monitoring, the
selected Native American monitor(s) shall be invited to the pre -grading
conference to establish procedures for tribal cultural resource surveillance. Those
procedures shall include provisions for temporarily halting or redirecting work
and creating a 50 -foot buffer zone area to permit sampling, identification, and
evaluation of resources deemed by the Native American monitor(s) to be tribal
cultural resources as defined in Public Resources Code (PRC) Section 21074.
Construction activities can continue outside of this buffer zone area. These
procedures shall be reviewed and approved by the Director of the City of Cypress
Community Development Department, or designee, prior to commencement of
any surface disturbance on the project site.
Throughout ground -disturbing activities, the Native American monitor(s) shall
complete monitoring logs on a daily basis that provide descriptions of the daily
activities, including construction activities, locations, soil, and any cultural
materials identified. The Native American monitor(s) shall possess Hazardous
Waste Operations and Emergency Response (HAZWOPER) certification (if the
site is determined to have hazardous concerns). The monitor(s) shall also provide
insurance certificates, including liability insurance, for any archaeological
resources encountered during ground -disturbing activities pertinent to the
provisions of the California Environmental Quality Act, California PRC Division
13, Sections 21083.2(a) through (k). The on-site monitoring shall cease when
project grading and excavation activities are completed, or when the tribal
representatives and monitor(s) have indicated that the site has a low potential for
archaeological resources. (Mitigation Measure No. TCR -1)
Effective 6-11 18
SECTIONS
1 General
2. Planning
3 Architectural
4. Signage
5 Landscaping
6. Operational
7 Property Maintenance
8. Fees
9 Engineering
1 U. Landscaping in the Public Right -of -Way
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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
26. Solid Waste
27 Mitigation Measures
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