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Resolution No. 6823268 RESOLUTION NO. 6823 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 3177, FOR DEVELOPMENT/ OPERATION OF A 150,000 SQUARE FOOT AMAZON "LAST -MILE" DELIVERY FACILITY AT 6400-6450 KATELLA AVENUE, IN THE CITY OF CYPRESS, CALIFORNIA WHEREAS, the City Council of the City of Cypress has considered an application submitted by Duke Realty for Conditional Use Permit (CUP) No. 3177 to develop and operate an Amazon "last -mile" delivery facility at 6400-6450 Katella Avenue, within the Cypress Corporate Center Amended Specific Plan and in accordance with the provisions of the Cypress Corporate Center Amended Specific Pian, and the Zoning Ordinance of the City of Cypress; and WHEREAS, in accordance with the California Environmental Quality Act (CEQA), a Draft Environmental Impact Report (DEIR) was prepared for the proposed project and released to the public on August 28, 2020, for 45 -day review period, comments received have been reviewed and responded to in the Final Environmental Impact Report (FEIR) released November 13, 2020. All required notifications were provided pursuant to CEQA (Public Resources Code Section 21092.5) and all comment letters were incorporated into the Final EIR. The City Council has certified the EIR and made all required CEQA findings under separate resolution adopted concurrently herewith; and WHEREAS, the subject site is zoned PC -2 (Planned Community) and located within the Cypress Corporate Center Amended Specific Plan. Section III, 3. i - Uses Permitted Subject to a CUP, of the Cypress Corporate Center Specific Plan states that uses consistent with the intent of the Specific Plan can be approved subject to a conditional use permit; and WHEREAS, the City Council has reviewed the goals and objectives of the Specific plan as laid out in the City Council staff report dated November 23, 2020, and finds that the proposed last mile delivery facility is consistent with the intent of the Specific Plan. WHEREAS, on November 23, 2020, the City Council held a duly noticed public hearing and considered testimony on the application. WHEREAS, the City Council finds that the applicant agrees with the necessity of and accepts all elements, requirements, and conditions of this Resolution as being a reasonable manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general and the persons who work, visit or live in this development in particular. SECTION 1. Pursuant to the Cypress Zoning Ordinance Section 4.19.070 (Conditional Use Permits), the City Council finds, after due study and deliberation that the following circumstances exist: 1. The proposed location of the conditional use is consistent with the requirements of the General Plan, the Zoning District in which the site is located, and the Cypress Corporate Center Amended Specific Plan in which the site is located. A detailed description of the Project's consistency with the above -referenced requirements is set forth in the Project EIR in Chapter 3.0, including Tables 3.4.3 and 3.4.4, which are incorporated by this reference. 2. The proposed location of the conditional uses and the conditions under which they would be operated or maintained would not be detrimental to the public health, safety, or general welfare, nor would be materially injurious to properties or 269 improvements in the vicinity for the reasons stated in the Project EIR, and for the following reasons: a. The conditional use complies with all applicable provisions of the Cypress Zoning Ordinance. The last -mile delivery facility, as proposed, is consistent with the goals and policies of the City of Cypress General Plan and for the Specific Plan land use designation in which it is located. b. There is sufficient infrastructure and public services to accommodate the last - mile delivery facility within the Project vicinity. c. The architectural design of the Project is compatible with the surrounding commercial developments and adheres to all requirements within the Cypress Corporate Center Specific Plan. 3. As laid out in the project staff report dated November 23, 2020, the project complies with all applicable provisions of the Cypress Zoning Ordinance and the Cypress Corporate Center Specific Plan. SECTION 2. The City Council of the City of Cypress hereby approves Conditional Use Permit No. 3177 subject to the Conditions of Approval listed in Exhibit "A". NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cypress hereby approves Conditional Use Permit No. 3177. The decision of the City Council is final and conclusive as to all things involved. PASSED, APPROVED and ADOPTED by the City Council of the City of Cypress as a regular meeting held on the 23rd day of November, 2020. MAYOR OF TH CITY OF CYPRESS ATTEST: Q) CITY LERK OF T E CITY OF CYPRESS 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 23rd day of November, 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 CITY CLERK OF THBCITY OF CYPRESS 270 EXHIBIT "A" PROJECT TITLE: CUP NO. 3177 - AMAZON LAST MILE FACILITY ADDRESS: 6400-6450 KATELLA AVENUE CONDITIONS OF APPROVAL 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 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. All requirements of the Orange County Fire Authority (OCFA), Orange County Health Department, and Cypress Building and Safety Division shall be satisfied prior to commencement of the business operation. (Planning) 1.5. The applicant shall obtain a Cypress business license prior to commencement of the business operation. (Finance) 1.6. All applicable conditions of the project shall be complied with prior to occupancy of the subject building. (Planning) 1.7. 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. 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 • Community Development Department • Planning Division • 271 use permit. (Planning) 2.2. All business activity shall occur within the building except for the loading and unloading of delivery vehicles which shall occur in the designated loading and unloading areas as indicated on the approved plans. Temporary use permits may be granted for outdoor activity in accordance with Section 19, of the Cypress Zoning Ordinance. (Planning) 2.3. This conditional use permit may be modified or revoked by the City Council should the Council determine that the proposed use or conditions under which it is being operated or maintained is detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. (Planning) 2.4. The developer shall comply with all requirements of the FAA should any portion of the development encroach within the 100 to 1 imaginary surface surrounding the Los Alamitos Air Base. Encroachment within the 50 to 1 approach surface will require approval by the FAA. (Planning) 2.5. Prior to the issuance of building permits for any habitable building proposed for construction within the 60 CNEL contour from the Los Alamitos Army Airfield, the project proponent shall submit to the City of Cypress an acoustical analysis report. The report shall describe the acoustical design features of the structures required to satisfy the Airport Environs Land Use Plan and State interior noise standards along with evidence that the sound attenuation measures specified in the report have been incorporated with the design of the project. (Planning) 2.6. 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) 2.7. At least two weeks prior to the issuance of the 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) 2.8. The applicant shall comply with these noise abatement measures, in perpetuity, throughout the entire operating life of the project, as follows: 2.8.1. All customer delivery dispatch activity (Flex/DSP) shall be limited to the daytime hours from 7:00 AM to 10:00 PM with no customer delivery permitted during the noise sensitive nighttime hours between 10:00 PM and 7:00 AM. 2.8.2. All main -line trucks, delivery vans, and flex -delivery vehicles, shall be operated with properly operating and well-maintained mufflers. 2.8.3. When main -line truck loading docks are full, all delivery trucks shall remain in the designated delivery truck queueing area north of Driveway 3 with their engines turned -off until cleared to enter the loading dock areas to prevent unnecessary idling and truck pass -by noise near the neighboring residential homes. 2.8.4. Truck and van -loading areas within the project shall be posted with warning signs, the final text of which shall be approved by the Community Development Department, which convey the following messages: • Main -line truck and van drivers shall turn off engines when not in use; • Diesel trucks serving the project shall not idle for more than five (5) minutes; and • Remind employees to be quiet and avoid the use of horns, sound systems, and other noise making devices; and • Post telephone numbers of the building facilities manager to report • Community Development Department • Planning Division • 272 violations; and • Amazon shall provide a community service representative and annual communication to residents within 300 ft detailing how to report noise or other complaints to Amazon and the City. 2.8.5. Roof mounted equipment shall be screened by a parapet wall of equal or greater height than the highest piece of roof mounted equipment or vent. 2.8.6. Maintain pavement conditions that are free of speed bumps on all driveways to minimize delivery truck noise. 2.9. Developer shall submit both a lighting plan showing standard heights and light materials and a photometric plan showing light levels on site and at the adjacent property limits, for design review and approval of the Planning Director. 2.10. All exterior portions of the site, during the hours of darkness, shall be illuminated with a minimum of one foot-candle of light. In order to minimize light and glare on the project property and adjacent properties, all parking lot and exterior structure light fixtures shall be high cut-off type that divert lighting downward onto the property and shall not cast light on any adjacent property or roadway. Illumination levels at the property lines shall not exceed .5 foot candles. 2.11. Project on-site lighting shall be of a type and in a location that does not constitute a hazard to vehicular traffic, either on private property or on adjoining streets. To prevent damage from vehicles, standards in parking areas shall be mounted on reinforced concrete pedestals or otherwise protected. Developer shall recess or conceal under -canopy lighting elements so as not to be directly visible from a public street. 2.12. That all loading and unloading shall be performed directly into trucks parked at approved loading docks or loading zone, and that all material and product inventories shall be stored within the buildings. There shall be no exterior loading or unloading of line -haul trucks.(Planning) 2.13. That the total number of loading docks identified on the site plan shall match the total identified on the floor plans in the Building set of plans. (Planning) 2.14. That all trucks and shipping containers shall be stored within the designated truck courts and limited to the approved loading bays. (Planning) 2.15. That no vending machines, publication racks, telephones, kiosks, donation bins and similar items shall be permitted outside of the buildings. (Planning) 2.16. There shall be no fuel facilities or vehicle/van washing onsite. (Planning) 2.17. There shall be no off-site parking of passenger vehicles and vans associated with the tenant occupying the building at any time. (Planning) 2.18. The project shall be permitted no more than 20 -line haul trucks per 24-hour period commencing from 12 AM to 11:59 PM. During peak periods, this may increase to a maximum of 40 line -haul trucks per 24-hour period.(Planning) 2.19. If the Project exceeds the permitted 40 line -haul truck trips per day and/or the vehicular traffic (i.e. vans and passenger vehicles) exceed the net increase AM Peak Hour (201 trips) and PM Peak Hour (340 trips) passenger vehicle and van trips evaluated in the EIR traffic study, dated June 30, 2020, the applicant shall be required to submit a revision to these conditions of approval for the Conditional Use Permit and additional environmental analysis may be required pursuant to CEQA Guidelines Section 15162. (Planning) • Community Development Department • Planning Division • 273 2.20. There shall be no vehicle horn honking on the property. Signs shall be posted throughout the site notifying all employees/drivers that vehicle horn honking is prohibited. (Planning) 2.21. Amazon vans and flex vehicles shall be prohibited from traveling on local residential streets unless a delivery is occurring within that residential neighborhood. (Planning) 2.22. Amazon shall make good faith effort to include Cypress residents in its candidate pool for employment opportunities. 2.23. Amazon employees and delivery service providers are prohibited from parking in residentially zoned areas. 2.24. All delivery van parking shall be constructed with "EV Ready" charging infrastructure capable of charging the entire delivery van fleet at the site. 2.25. Amazon shall transition to an all -electric delivery fleet in the most expeditious manner possible and no later than December 31, 2025. Should circumstances out of Amazon's control delay an all -electric delivery fleet, Amazon may apply for an extension of up to five years subject to the review and approval of the Community Development Department. An extension longer than five years shall require City Council approval. 2.26. To mitigate road impacts, Amazon delivery service provider vehicles operating from Cypress shall purchase delivery fleet fuel within the City of Cypress city limits. Additionally, the project Developer shall provide a one-time lump sum payment of $350,000 to the City at time of building permit issuance. 2.27. Amazon shall not provide delivery operations to other on-line shopping or delivery companies. 2.28. Line haul trucks shall only load and unload on the north side of the building. 2.29. The site shall only operate at peak conditions 45 days per calendar year. The applicant may request a Temporary Use Permit to operate at peak conditions for an additional 15 days per calendar year subject to the review and approval of the Community Development Department. The developer shall give notice to all property owners within 300 feet prior to any exterior demolition on the project site. The notice shall include the approximate demolition schedule, the permitted hours of construction, and detail how to report noise complaints to Amazon and the City. The notice shall be subject to the review and approval of the Community Development Department. 2.30. Pursuant to the review and approval of the Community Development Department, signs shall be posted at the Katella Avenue driveway stating warehouse employee parking only and prohibiting flex and delivery service providers from parking in the west parking lot. 2.31. Should there be any modification to onsite circulation, parking, or vehicular access to the property, the driveway access at Katella Avenue shall be removed and all access shall be exclusively via Holder Street. 3. Mitigation Measures 3.1. Prior to issuance of any grading or building permit associated with implementation of the project, the applicant shall demonstrate compliance with the adopted Mitigation Monitoring and Reporting Program (MMRP), to the satisfaction of the Community Development Department. 3.2. A copy of the approved Conditions of Approval including Table 7.A Mitigation Monitoring and Reporting Program from the approved EIR, shall be included in all development plans submitted to the City. • Community Development Department • Planning Division • 274 4. Architectural 4.1. Architectural elevations and site plans shall be reviewed and approved by the Community Development Department prior to the issuance of building permits. (Planning) 4.2. 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) 4.3. Office buildings adjacent to residential areas shall not be allowed to construct balconies. (Planning) 4.4. All roof mounted equipment, such as heating and air conditioning units, shall be adequately screened from public view by a parapet wall of equal or greater height than the highest piece of roof mounted equipment or vent. subject to the approval of the Community Development Department. Developments which adjoin residentially zoned areas shall construct noise bafflers and/or deflectors on all mechanical equipment mounted outdoors to the satisfaction of the Community Development Department. (Planning) 4.5. The transformer boxes and water valves shall be placed in locations acceptable to the Director of Planning and shall be adequately screened from view with plant materials. (Planning) 4.6. 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) 5. Signage 5.1. A comprehensive sign program for both building and freestanding monument signs shall be submitted for Community Development Department approval prior to the installation of any signs. The developer shall not erect or display on the subject property any signs which have not been approved in writing by the Community Development Department. (Planning) 5.2. Subject to the approval of the Community Development Department, all signage on the property must reflect the current tenant. The monument sign located on Katella Ave. shall be refaced to reflect the current tenant's occupancy of the site. (Planning) 5.3. The installation and method of sign illumination shall be reviewed and approved by the Planning Division and the Building and Safety Division. The business owner shall take the appropriate measures to ensure that the illumination of the sign shall not create glare for vehicular traffic. All electrical conduits, timer devices, and other electrical equipment shall be buried underground or concealed within the sign. (Planning) (Building and Safety) 6. Landscaping 6.1. The site, including all parking areas, shall be landscaped in compliance with the Cypress Municipal Code total landscape area and landscape requirements for parking areas. 6.2. The Stanton Storm Channel setback buffer shall be landscaped per the Cypress Corporate Center Specific Plan and maintained per the Plan as long as this conditional use permit remains in effect. • Community Development Department • Planning Division • 275 6.3. A detailed landscape and automatic irrigation plan shall be submitted to the 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) (Public Works) 6.4. All new or revised landscape areas 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 new or revised irrigation shall be provided by a drip or microspray system. (Planning) (City's Drought Response Management Plan) 6.5. The applicant shall plant 25% more trees on-site than required by the Municipal Code and Specific Plan. The trees shall be generally dispersed and subject to the approval of the Community Development Department. 6.6. Unless otherwise specified, all required trees shall be a minimum 15 -gallon in size and of a variety approved by the Director of Planning. (Planning) 6.7. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. (Planning) 7. Operational 7.1. The access door to the business premises facing the residential neighborhood to the south shall remain closed during all hours of business operation. Said door shall be designated and used for emergency exit purposes only. (Planning) 7.2. Outside public address speakers, telephone bells, buzzers, and similar devices, which are audible on adjoining properties, are prohibited. (Planning) 7.3. If complaints are received regarding business hours of operation, noise, property/building maintenance, or vehicles not adhering to the approved parking, traffic and circulation plans, and relevant mitigation measures, the City, in its discretion, may have the City Council review the conditional use permit to, without limitation, revise the business hours, add conditions, or revoke the permit. When a complaint is received, Amazon will engage with the City, to determine if the complaint is verified. Three unique verified complaints within 30 days or 10 unique verified complaints in a 12 -month period shall indicate the use is creating an adverse impact upon neighboring properties. (Planning) 7.4. The existing 180,000 square foot office building shall be vacated, and the building shall remain empty as part of this conditional use permit. The Certificate of Occupancy will be revoked and the building shall remain in place solely for aesthetic purposes to screen the project site from views along Katella Avenue. A covenant, prepared by the City Attorney, shall be recorded against the property prohibiting the occupancy of the building. Any purposed changes to the office building use will need to return to the City Council for a modification of this conditional use permit. Prior to issuance of any grading or building permits, the applicant shall provide proof of recordation of the covenant. (Planning) 7.5. The existing 180,000 square foot office building shall be maintained in a manner consistent with the Cypress Corporate Center Amended Specific Plan, the City of Cypress Municipal Code, and these conditions of approval. (Planning) 8. Property Maintenance 8.1. Continuous Maintenance. The Project property owner shall continually maintain • Community Development Department • Planning Division • 276 the property so that it is visually attractive and not dangerous to the health, safety and general welfare of both on-site users (e.g. employees) and surrounding properties. The property owner shall ensure that all facets of the development are regularly inspected, maintained and that any defects are timely repaired. Among the elements to be maintained, include but are not limited to: a. Annual maintenance and repair. The developer shall conduct inspections for any structures, fencing/walls, driveways, and signs to assure proper structural, electrical, and mechanical safety. c. Landscaping. The developer shall maintain landscaping in a continual healthy thriving manner at proper height for required screening. d. Dust control. The developer shall maintain dust control measures onany undeveloped areas where landscaping has not been provided. e. Erosion control. The developer shall maintain erosion control measures to reduce water runoff, siltation, and promote slope stability. g. Screening. The developer shall maintain screening that is visually attractive. All trash areas, loading areas, mechanical equipment (including roof top) shall be screened from public view. h. Signage. The developer shall maintain all on-site signs, including posted area signs (e.g. "No Trespassing") in a clean readable condition at all times. The developer shall remove all graffiti and repair vandalism on a regular basis. Signs on the site shall be of the size and general location as shown on the approved site plan or subsequently a City -approved sign plan. i. Lighting. The developer shall maintain any lighting so that they operate properly for safety purposes and do not project onto adjoining properties or roadways. Lighting shall adhere to applicable glare and night light rules. j. Parking and on-site circulation. The developer shall maintain all parking and on-site circulation requirements, including surfaces, all markings and traffic/directional signs in an un -faded condition as identified on the approved site plan. k. Any modification to parking and access layout requires Planning Division review and approval. Markings and signs shall be clearly defined, un -faded and legible; these include parking spaces, disabled parking and path of travel, directional signs, pedestrian crossing, speed humps and "No Parking", "Carpool", and "Fire Lane" designations. (Planning) 8.2. The property owner shall maintain the site, the publicly accessible interior, and publicly viewable exterior of the building(s) clear of all graffiti, including but not limited to bathrooms and dining areas if applicable. All graffiti shall be removed within 48 hours once notified in writing by the City. (Planning) 8.3. Right of access to remove graffiti. Developer shall grant, the right of entry over and access to the site, 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, at the owners expense. (Planning) (Public Works Director/City Engineer) 9. Fees 9.1. As applicable, the applicant shall pay the following fees per the adopted Master Fee resolution, 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) • Community Development Department • Planning Division • 277 • 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) Within 48 hours of the approval of this project, the applicant/developer shall deliver to the Community Development Department the required Fish and Game impact fee in the form of a check payable to the County Clerk -Recorder in the amount of $ $3,393.25 (this fee includes the $50.00 County administrative fee), to enable the City to file the Notice of Determination pursuant to Fish and Game Code §711.4 and California Code of Regulations, Title 14, section 753.5. (Planning) 10. Engineering 10.1. 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) 10.2. Prior submittal of building plans, unless otherwise authorized in writing from the City Engineer, 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 and a digital format acceptable to the City Engineer. (Engineering) 10.3. Prior to any street construction or relocation, when there are monuments in the project area which control the location of subdivisions, streets or highways, or provide survey control, the developer shall locate and reference the monuments and shall reset them after construction as required by Section 8771 of the Business and Professions Code, in a manner meeting the approval of the City Engineer. (Engineering) 11. Landscaping within the Public Right -of -Way 11.1. Prior to or with the submittal of building plans, 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 Superintendent. The subject landscaping and irrigation plans shall be designed to be in conformance with the City's water efficient landscape ordinance. (Engineering, Maintenance) 11.2. 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 • Community Development Department • Planning Division • 278 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) 11.3. 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) 11.4. 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) 12. Sewer and Wastewater 12.1. 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) 12.2. Prior to submittal of the building plans, 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) 12.3. All sewer lines within the development shall be private sewer lines and shall be maintained and cleaned by the developer, or successor in interest. The City of Cypress shall have no responsibility for maintenance of the private sewer lines. (Engineering) 12.4. If the facility contains a qualifying food service establishment/cafeteria, prior to issuance of certificate of occupancy, the applicant, as required by Ordinance No. 1065 for Food Service Establishments, shall install a grease control device that meets the requirements of Uniform Plumbing Code Section 1014.0 (Appendix H) and conforms to the minimum requirements as specified in City of Cypress Standard Plan No. 299, Sand/Oil Separator & Grease Interceptor with Sample Box. (Water Quality) 12.5. Prior to certificate of occupancy, the applicant shall demonstrate that the business owner has properly trained their employees on the proper disposal of fats, oil, and grease best management practices. (Water Quality) 13. Street Trees 13.1. NA 14. Street Lighting 14.1. NA 15. Streets 15.1 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 prior to issuance of building permits, 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 • Community Development Department • Planning Division • 279 such as driveway approaches for compliance with ADA requirements. (Engineering) 15.2. 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) 16. Subdivisions 16.1. NA 17. Traffic 17.1. The access driveways to the development shall be designed in such a manner that there is minimal impact on the vehicle's tires upon ingress and egress to the satisfaction of the City Engineer. (Engineering) 17.2. The quantity, location, width, and type of public access driveways shall be subject to the approval of the Traffic Engineer and the City Engineer. Prior to construction of any driveway approach upon public street right-of-way, the applicant shall submit approved design plans and obtain a public works permit. (Engineering) 17.3. The developer shall design and construct the two most northern full access project driveways on the west side of Holder Street such that they are in alignment with existing driveways located on the eastside of the roadway. (Engineering) 17.4. The project driveway on Katella Avenue is to have right -in and right -out access only and the on-site circulation and security measures be configured such that vehicles awaiting entry are not anticipated to queue over the sidewalk or into the street. Furthermore, the onsite circulation shall be configured so that vehicles entering the Katella Avenue driveway and denied entry to parking facilities will not be required to drive backward on to Katella Avenue to exit the site. The Katella Avenue driveway is for employee parking and access only. Signage shall be installed at the driveway prohibiting van and truck access subject to the review and approval of the Community Development Department. (Engineering) 17.5. The developer shall install and maintain, to the satisfaction of the Traffic Engineer, on-site traffic controls for the new driveway on Katella Avenue requiring all exiting vehicles to stop before entering the public right-of-way and requiring all vehicles entering the roadway to turn right to head eastbound on Katella Avenue. (Engineering) 17.6. The developer shall design and construct to widen Katella Avenue, to the satisfaction of the City Engineer, to provide for a consistent roadway width between the western edge of the driveway of the adjacent commercial property to the west across the frontage of the property to Holder Street. (Engineering) 17.7. The developer shall submit and obtain Traffic Engineer approval of a signing and striping plan consistent with all City and CAMUTCD standards, specifications, and provisions for all traffic control modifications in the public right-of-way along Katella Avenue and Holder Street before any roadway or driveway construction within the public right-of-way commences. (Engineering) 17.8. Prior to the issuance of any grading permits, the applicant shall demonstrate that adequate sight distance per Engineering Standard Plan 204 and 205 is provided at all street intersections, driveways, and parkways, in a manner • Community Development Department • Planning Division • 280 meeting the approval of the City Engineer. The applicant shall make all necessary revisions to the plan to meet minimum sight distance requirements 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) (Planning) (Sight Distance) 17.9. Prior to any work being conducted within the right-of-way along Katella Avenue and/or Holder Street, the developer shall submit a traffic control plan consistent with the requirements, specifications, and provisions as outlined in the latest version of the CAMUTCD, to the Traffic Engineer for review and approval. (Engineering) 17.10. All loading, unloading, restaging of delivery vans and/or other equipment/ vehicles used in the conduct of package handling and distribution is to occur on site and not on the public right-of-way. The public right-of-way is not to be used as a part of the onsite vehicle circulation system or staging program and thus delivery vans and/or other motorized vehicles and/or equipment are not to exit one project driveway to immediately enter another project driveway. (Engineering) 17.11. All package delivery drivers are required to attend periodic training that provides a focused emphasis on the importance of traffic safety, driving defensively, stopping/parking legally while dropping off packages, truck routes and adherence to posted speed limits. (Engineering) 17.12. If speeding (including unsafe speed, and violations of the prima facie speed or signposted speed limits) becomes an issue, as determined by the Police Chief, from traffic originating to and from on site, the developer, or successor in interest, shall install four combination speed limit and dynamic radar speed feedback signs on streetlight poles within the public right-of-way to remind delivery drivers of posted speed limits and their travel speed. The type, design, size, and method of connection to power for the four combination sign installations will be at the discretion of the Traffic Engineer but will be identified to the applicant no later than 18 months after the issuance of the certificate of occupancy. (Engineering) 17.13. All traffic exiting or entering the site on Holder Street shall only access from Katella Avenue. (Engineering) 17.14. Amazon employees and delivery service providers are prohibited from parking in residentially zoned areas. 18. Utilities 18.1. 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) 19. Drainage 19.1. Prior to issuance of grading permits, 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) 19.2. 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. • Community Development Department • Planning Division • 281 • 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 0.2%. • 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. (Engineering) 19.3. 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 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) 19.4. 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) 19.5. 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) 19.6. 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 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) Storm Water Quality — National Pollutant Discharge Elimination System 19.7. Prior to the submittal of building permits, unless authorized in writing by the City Engineer otherwise, 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 • Community Development Department • Planning Division • 282 format acceptable to the City Engineer. (Engineering, Water Quality) (Submittal of WQMP) 19.8. 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 Quality) (Storm Water Pollution Prevention Plan) 19.9. 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 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) (General Storm Water Quality) 19.10. 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) (Post Project Clean Up) 19.11. 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 • Community Development Department • Planning Division • 283 (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) (Water Quality Management Plan) 19.12. Prior to the issuance of a certificate of occupancy, the applicant shall demonstrate compliance with the City's NPDES Implementation Program in a manner meeting the satisfaction of the City Engineer and Water Quality Manager, including: • Demonstrate that all structural Best Management Practices (BMPs) described in the BMP Exhibit from the project's approved WQMP have been implemented, constructed and installed in conformance with approved plans and specifications • Demonstrate that the applicant has complied with all non-structural BMPs described in the project's WQMP • 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) (NPDES/WQMP Compliance Measures) 19.13. 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 • Community Development Department • Planning Division • 284 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) (Erosion and Sediment Control Plan) 19.14. The applicant shall be subject to all requirements of Section 13-29 of the Cypress Municipal Code regarding stormwater pollution prevention including, but not limited to, obtaining a commercial/industrial stormwater discharge permit, prior to the issuance of a final certificate of occupancy. (Engineering, Water Quality) (Commercial/Industrial Facilities) 20. Building and Safety 20.1 Grading, demolition, and exterior building construction activities shall be limited to the hours of between 7:00 AM and 8:00 PM Monday through Friday, between 9:00 AM and 8:00 PM on Saturday. Interior building construction and tenant improvements shall be limited to the hours between 7:00 AM and 8:00 PM Monday through Saturday. If complaints are received regarding noise from grading or demolition, further restrictions may be imposed on the start time of construction by the Building Official, up to a 9:00 AM 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) 20.2. 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) 20.3. 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) 20.4. 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. Solid Waste 26.1 The applicant shall subscribe to solid waste services from the City's disposal services contractor with no less than one time per week service for trash, recycling, and organics recycling (commercial organics recycling is required for all generators of two or more cubic yards per week of solid waste, recyclables, and organics) and require employees implement source separated recycling practices. Sufficient trash, recycling, and organics recycling receptacles shall be placed outside to collect solid waste generated by its operation/patrons. No less than one receptacle per solid waste category shall be provided. These shall be properly maintained and not allowed to overflow. (Engineering, Water • Community Development Department • Planning Division • 285 Quality) (Trash Receptacles) 26.2. The applicant shall construct new or modify its existing trash enclosure structure to house all required solid waste containers and possess a solid covered roof that prohibits stormwater to enter and then discharge from the enclosure. The applicant shall obtain all required permits from the Building Department for construction and also obtain final inspection to ensure it meets the above- mentioned criteria prior to the issuance of a final certificate of occupancy. (Engineering, Water Quality) (Trash Enclosures) 22. Security 22.1. The property address shall be clearly identified on both sides of the freestanding sign base. A minimum of six-inch lettering shall be used for the property address. The property address shall also be posted in a visible location on the building. (Police Department.) 22.2. The address number of every commercial building shall be illuminated during the hours of darkness so that it shall be easily visible from the street. (Police Department) 22.3. All exterior commercial doors, during the hours of darkness, shall be illuminated with a minimum of one footcandle of light. All exterior bulbs shall be protected by weather and vandalism resistant cover(s). (Police Department) 22.4. The landscaping and lighting plans for the project shall also be subject to review by the Cypress Police Department. (Police Department) 22.5. The applicant will provide a Crime Prevention through Environmental Design study for approval by the planning and police departments. (Police Department) 23. Fire 23.1. The applicant or responsible party shall submit the plan(s) listed below to the Orange County Fire Authority for review. Approval shall be obtained on each plan prior to the event specified. Specific submittal requirements may vary from these listed below. Prior to issuance of 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/PR224) • Tanks storing hazardous materials (service codes PR300-PR305) • Hazardous materials compliance and chemical classification (service codes PR315-PR328) • High -piled storage (service code PR330) • Battery (service code PR375), for any system containing an aggregate quantity of electrolyte in excess of 50 gallons • Underground piping for private hydrants and fire sprinkler systems (service code PR470-PR475) • Fire sprinkler system (service codes PR400-PR465) Prior to concealing interior construction: • Fire alarm system (service code PR500-PR520). (Fire Authority) Effective: November 23, 2020 • Community Development Department • Planning Division • 286 SECTIONS 1. General 2. Planning 3. Mitigation Measures 4. Architectural 5. Signage 6. Landscaping 7. Operational 8. Property Maintenance 9. Fees 10. Engineering 11. Landscaping in the Public Right -of -Way 12. Sewer and Wastewater 13. Street Trees 14. Street Lighting 15. Streets 16. Subdivisions 17. Traffic 18. Utilities 19. Drainage 20. Storm Water Quality 21. Building & Safety 22. Security 23. Fire 24. Solid Waste • Community Development Department • Planning Division •