Resolution No. 6763473
RESOLUTION NO. 6763
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
TENTATIVE PARCEL MAP NO. 2018-200 - WITH CONDITIONS
WHEREAS, an application was made by TOOBA Development, LLC, to allow the
formation of a one -lot subdivision for condominium purposes on the property located at 9052
Denni Street within the Planned Community (PC) Zone located; 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 27, 2020, 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. Subdivision of the existing site into a one -parcel subdivision
for residential condominium purposes conforms to the basic intent of the "Specific Plan"
Land Use Designation of the City's General Plan.
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 subject parcel 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 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. 2018-200, 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 27th day of January, 2020.
-
MAYOR F HE CITY OF CYPRESS
ATTEST:
474
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
I, ALISHA FARNELL, 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 27th day of January, 2020, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Berry, Morales, Peat and Johnson
NOES: 1 COUNCIL MEMBERS: Yarc
ABSENT: 0 COUNCIL MEMBERS: None
� A)4L lma� -
CITY CLEW OF THE CITY OF CYPRESS
475
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 3144 AND
TENTATIVE PARCEL MAP NO. 2018-200
9052 Denni Street
(Three Condominiums)
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 SeMc . - 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 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. All applicable conditions of the project shall be complied with prior to occupancy of the
subject building. (Planning)
7. Any and all correction notice(s) generated through the plan check and/or inspection
process is/are hereby incorporated by reference as conditions of approval and shall be
fully complied with by the owner, applicant and all agents thereof. (Planning)
2. Planning
2.1. Utilities shall not be released until all conditions of approval have been met to the satisfaction
of the Community Development Department. (Planning)
2.2. Any expansion or modification of the approved use beyond what is approved as part of this
Conditional Use Permit will require an amendment to the conditional use permit. (Planning)
2.3. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing. (Planning)
2.4. The developer shall provide mailbox facilities for each residence, to the satisfaction of
theDirector of Community Development and the Postmaster. (Planning)
2.5. This conditional use permit may be modified or revoked by the City Council should the
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Council determine that the proposed use or conditions under which it is being operated or
maintained is detrimental to the public health, safety, or welfare, or materially injurious to
properties or improvements in the vicinity. (Planning)
2.6. Two 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&Rs shall contain specific wording authorizing the City to enforce all
provisions of the CC&Rs related to property maintenance, including but not limited
to: parking, outdoor uses, illegal storage, exterior yard maintenance and structure
maintenance. 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 (Denni Street) adjacent to the
condominium project property). (Planning)
2.7. A copy of the Condominium Plan for this project shall be submitted to the City staff for
review and approval prior to recordation. (Planning)
2.8. The condominium development shall maintain individual trash cans for each unit on-site (one
for regular garbage and one for recyclables). 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)
2.9. 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)
2.10. Open parking spaces shall remain unassigned. Guest parking spaces shall not be used
for long-term parking or for vehicles other than vehicles used for daily personal use (no
trailers, 5th Wheels, Boats, Recreational Vehicles, etc.). Restrictions for guest parking
spaces shall be included in the CC&R's for the project. (Planning)
2.11. Areas subject to vehicle loading, including internal streets, driveways, etc., shall consist of
Portland Cement Concrete (PCC) unless an alternative material is approved in the project
WQMP for infiltration purposes. (Planning)
2.12. 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.
2.13. Trash collection for the development shall occur on-site within the private driveway. At no
such time, shall the trash collection pick-up occur on Denni Street. (Planning)
2.14. The developer shall install a minimum 8' high block wall along the north property line with
the exception of the front setback. The developer shall also plant Evergreen Trees along the
north property line. The trees shall be minimum 24" box in size. (Planning)
3. Architectural
3.1. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits. (Planning)
3.2. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted. The final exterior color scheme shall be submitted to City staff for review and
approval prior to actually painting the structure. (Planning)
3.3. On-site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic. (Planning)
3.4. 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
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materials. (Planning)
3.5. 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)
3.6. 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)
4. Signage
4.1. The developer shall not erect or display on the subject property any signs which have not
been approved in writing by the Community Development Department. (Planning)
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 until
adjoining properties are developed. (Planning)
5.5. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so
as to cover all landscaped areas. (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. 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)
7.5. In approving tentative or parcel maps, conditional use permits, variances, or other similar
land use entitlements, the city may consider imposing any or all of the following conditions:
(1) Use of anti -graffiti material. Developer shall apply an anti -graffiti material of a
type and nature that is acceptable to the public works director/city engineer to each of the
publicly -viewable surfaces on the improvements to be constructed on the site deemed by the
public works director/city engineer to be likely to attract graffiti ("graffiti attracting
surfaces"); and
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(2) Right of access to remove graffiti. Developer shall grant, prior to resale of any of
the parcels which are within the territory of said map, the right of entry over and access to
such parcels, upon forty-eight (48) hours posting of notice, by authorized city employees or
agents, to the city for the purpose of removing or "painting over" graffiti from graffiti
attracting surfaces previously designated by the public works director/city engineer, and the
right to remove such graffiti; and
(3) Supply with graffiti -removal material. Developer shall, for a period of two (2)
years after the resale of their final lot, provide the city with sufficient matching paint and/or
anti -graffiti material on demand for use in the painting over or removal of designated graffiti
attracting surfaces; and
(4) Owner to immediately remove graffiti. Developer shall, either as part of the
conditions, covenants and restrictions, or as separate covenants recorded against individual
lots, prior to resale of same, covenant, which covenant shall run with the land and be for the
benefit of the city, in a form satisfactory to the city, that the owner of the lots shall
immediately remove any graffiti placed thereon.
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) $23,421/unit
- Drainage Fee for Master Drainage Plan (Prior to issuance of Building Permit) — approx.
$2,300
- City-wide Traffic Improvement (Prior to issuance of Building Permit) $595/unit
- Regional Traffic Improvement (Prior to issuance of Building Permit) $52/unit
- Final Subdivision Map Check (Prior to submittal of Map)
- Sanitary Sewer Connection (Prior to issuance of Building Permit) approx. $9,202
(updated annually on July 1)
- 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 this project, the applicant/developer shall deliver to the
Community Development Department a check payable to the County Clerk -Recorder in
the amount of $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 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)
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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 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)
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)
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12. Street Trees N/A
M i$
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 13 of the Cypress Zoning Code. (Maintenance)
12.2. The number of trees shall be determined by dividing the frontage of property, including
driveways, by 40 and rounding up. Trees shall be evenly spaced with a minimum 50 feet
from street tree to street corner curb line. Type of trees shall conform to the City's Street
Tree Master Plan. With prior approval of the Director of Community Development, street
trees may be replaced by trees planted in conjunction with an approved on-site landscape
plan. (Maintenance)
12.3. All trees in the public right-of-way shall be installed and maintained in a healthy and safe
condition by the applicant or developer or successor in interest. (Maintenance)
13. Street Lighting N/A
14. Streets
14.1. Prior to 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)
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)
16. Traffic
16.1. 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)
16.2. 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
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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)
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
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)
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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)
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,
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constructed and installed in conformance with approved plans and specifications
Demonstrate that the applicant has complied with all non-structural BMPs
described in the project's WQMP
Submit for review and approval an Operations and Maintenance (O&M) Plan
for all structural BMPs (the O&M Plan shall become an attachment to the
WQMP)
- Demonstrate that copies of the project's approved WQMP (with attached O&M
Plan) are available for each of the initial occupants
Agree to pay for an inspection (special investigation) from the City for a date 12
months after the issuance of a certificate of occupancy for the project to verify
compliance with the approved WQMP and O&M Plan
Demonstrate that the applicant has RECORDED one of the following:
The CC&R's (that must include the approved WQMP and O&M Plan)
for the project's Home Owner's Association;
A water quality implementation agreement that has the approved
WQMP and O&M Plan attached; or
The final approved Water Quality Management Plan (WQMP) and
Operations and Maintenance (O&M) Plan. (Engineering, Water
Quality)
19.6. Prior to the issuance of any grading or building permit, the applicant shall submit an
Erosion and Sediment Control Plan (ESCP) in a manner meeting approval of the 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 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
& Safety)
20.3. An automatic fire sprinkler system, approved by the Orange County Fire Authority, is
required. (Building & Safety)
20.4. Type 5 cement shall be used for all foundations and slabs on grade. (Building & Safety)
20.5. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil. thick
moisture barrier. (Building & Safety)
20.6. A stamped soil investigation report shall be submitted with the plans for plan check. Report
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shall include soil bearing capacity, seismic study, in compliance with the Seismic Hazard
Mapping Act of the State of California, grading, paving, sulfate test, and other pertinent
information under good engineering practice. (Building & Safety)
20.7. Construction bins for non -recyclable and recyclable materials generated from any
construction site (residential and non-residential) must be placed "on site" out of the public
right-of-way unless a permit is obtained. (Building & Safety)
20.8. Prior to final certificate of occupancy, as required by California State Health and Safety Code
Section 19850, the applicant shall provide copies of the stamped approved plans and any
revisions on CD in PDF format to the City of Cypress Building Division to serve as the
official file copy of the approved building plans. (Building & Safety)
20.9. Building plans shall be stamped by a licensed engineer. (Building & Safety)
20.10.A pre -grading SWPPP's inspection is required prior to grading permit issuance. All
required grading stormwater BMPs shall be installed and inspected by the building
division prior to release of the grading permit. (Building & Safety)
20.11. Prior to the issuance of a building permit, a security deposit of $1.00 per square foot of
building area with a minimum of $1,000 and maximum of $50,000, 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 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 Department)
22. Antennas — N/A
23. Alcohol — On Sale — N/A
24. Alcohol — Off Sale — N/A
25. Fire
25.1 Prior to issuance of a grading permit, a Fire Master Plan (service code PR145) shall be
submitted to the Orange County Fire Authority (OCFA) for review.
25.2 Prior to issuance of a building permit, a Fire Sprinkler System (service codes PR400-PR465)
shall be submitted to the OCFA for review.
Effective: 1-27-2020
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
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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
w 25. Fire
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