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Resolution No. 6835340 RESOLUTION NO. 6835 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING VESTING TENTATIVE TRAT MAP NO. 19114, FOR THE DEVELOPMENT OF 135 RESIDENTIAL CONDOMINIUM UNITS AND ASSOCIATED PARKING, LANDSCAPING, AND OPEN SPACE ON A SEVEN -ACRE SITE SOUTHWEST OF VESSELS CIRCLE AND NORTH OF WINNERS CIRCLE, IN THE CITY OF CYPRESS, CALIFORNIA. WHEREAS, the City Council of the City of Cypress has considered an application submitted by Melia Homes, Inc. ("Developer") for a 135 -unit residential development and its associated parking, landscaping, and open space located on an approximately seven - acre site located southwest of Vessels Circle and north of Winners Circle (the "Project"), which is within the City's municipal boundaries; and WHEREAS, the Project requires the following to be approved by the City Council: an Environmental Impact Report (EIR) (SCH # 2020099025), a Vesting Tentative Tract Map (VTTM No. 19114), and a Site Plan (SPR No. 2021-02); and WHEREAS, in compliance with the requirements of the California Environmental Quality Act (CEQA), on May 10, 2021, the City Council of the City of Cypress certified the Final EIR that has been prepared for the Project applications in accordance with CEQA, and adopted a Findings of Fact and a Mitigation Monitoring and Reporting Program for the Project. The City Council has fully considered the Final EIR prior to considering this resolution; and WHEREAS, on May 10, 2021 the City Council held a duly noticed public hearing and accepted testimony in regards to the proposed project. WHEREAS, said tentative map has been reviewed by the City's Engineer and the Orange County Fire Department with recommended conditions of approval. WHEREAS, the proposed subdivision, together with the provisions for its design and improvement, is consistent with the City's General Plan. 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The proposed map does not warrant rejection based upon the criteria for rejection in the Cypress Subdivision Ordinance, the City's General Plan, the Cypress Town Center and Commons 2.0 Specific Plan, or Sections 66473.5, 66474.6 and 66474 of the Subdivision Map Act as the proposed tentative map is: A. The map is consistent with the Specific Plan's land use designation as Town Center. B. The 135 dwelling -unit improvement of the proposed subdivision is consistent with the General Plan. C. The site is physically suitable for the type of development. The project meets all the required development standards. D. The site is physically suitable for the density of development. The General Plan land use designation for the site is Specific Plan; therefore, the density is governed by the Cypress Town Center and Commons Specific Plan. The Specific Plan has a maximum cap of 250 units for the Town Center District in which the site is located. With development of the 135 residential units, the cap for the District will 341 not be exceeded. Further the project meets all development standards as outlined in the Specific Plan. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. An EIR was prepared for the project (SCH # 2020099025) and which identified the potential for significant effects on the environment from development of the Project and all of which can be reduced through the implementation of mitigation measures to a level of insignificance; F. The design of the subdivision will not cause serious public health problems. Sewer discharge requirements will occur pursuant to Section 66474.6 of the Subdivision Map Act. G. The design of the subdivision or the type of improvements will not unreasonably interfere with the free and complete exercise of a public entity and/or public utility rights-of-way and/or easements within the tract map. All existing utility easements will remain intact and there is no foreseeable interference as the main rights-of- way (Katella Ave. and Walker St.), remain intact. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress hereby approves Vesting Tentative Tract Map No. 19114, subject to the applicable conditions included in Exhibit "A" of the Site Plan Review Resolution. 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 at a regular meeting held on the 10th day of May, 2021. MAY ATTEST: CITY CLERK OF THE CI Y OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS F TH CITY OF CYPRESS 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 10th day of May, 2021, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Hertz, Morales, Berry and Peat NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Marquez .\LI)N\J` CITY CERK OF THET3U\Q Y OF CYPRESS EXHIBIT "A" PROJECT TITLE: SPR NO. 2021-02 & VTTM NO. 19114 — CYPRESS TOWN CENTER LOCATION: SOUTHWEST OF VESSELS CIRCLE AND NORTH OF WINNERS CIRCLE CONDITIONS OF APPROVAL 1. General Conditions 342 Prior to the issuance of building permits, the project applicant and property owner shall sign and retum a City -provided affidavit accepting these conditions of approval. (Planning) 1.2. This permit is granted for the plans dated December 4, 2020, the landscape plans dated November 19, 2020, and the tentative map dated December 4, 2020, ("the plans") on file with the Planning Division. The project shall conform to the plans, except as otherwise specified in these conditions, or unless a minor modification to the plans is approved by the Planning Director. A minor modification may be granted for minimal changes or increases in the extent of use or size of structures or of the design, materials or colors of structures or masonry walls. 1.3. 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, conceming 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) 1.4. 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 Attomey) 1.5. The applicant shall comply with all provisions of the Code of the City of Cypress except as modified by the Cypress Town Center and Commons Specific Plan 2.0. (Planning) 1.6. The applicant may request minor modifications of conditions of approval consistent with the intent of the project approval. The modification must be approved in writing by the Planning Director (Conditions of Approval Sections 1- 7), City Engineer (Conditions of Approval Sections 9-21), Orange County Fire Authority (Conditions of Approval Section 23), and the Police Chief (Conditions of Approval Section 22). For numerical standards, the Community & Economic Development Director may approve deviations up to 10% provided that city code 343 requirements are met. 2. Planning 2.1. Utilities shall be released during the normal course of construction; however, they shall not be released until applicable conditions of approval have been met to the satisfaction of the Community Development Department. (Planning) 2.2. 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) 2.3. 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) 2.4. Developer shall establish a homeowner's association and the association shall be responsible for the maintenance of all private streets, driveways, and any other interior areas held in common by the association and for the enforcement of CC&R's related to property maintenance. The CC&R's shall be reviewed and approved by the Planning Director prior to recordation. (Planning) 2.5. 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) 2.6. 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. (Planning) 2.7. Exterior lighting shall comply with Section 3.11.060 (Exterior lighting) of the Zoning Ordinance. 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 or cause glare that affects motorists. Illumination levels at the property lines shall not exceed .5 foot candles. (Planning) 2.8. All mitigation measures within the Certified Final Environmental Impact Report are conditions of approval for this project. 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. (Planning) 2.9. A copy of the approved Conditions of Approval including the Mitigation Monitoring and Reporting Program from the approved EIR, shall be included in all development plans submitted to the City. (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) 344 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 painting the structure. (Planning) 3.3. 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. (Planning) 3.4. 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) 3.5. Ground mounted air conditioning units shall be screened with decorative walls, fencing, and/or plant materials to the satisfaction of the Director of Planning. (Planning) 3.6. During construction, the developer shall provide an adequate number of trash bins at a location acceptable to City staff. Construction bins must be maintained onsite. Bin rental shall be contracted through the City's disposal services contractor. (Planning) 3.7. An 8'-0" high split -face CMU wall with 4" high split -face CMU cap shall be constructed along the southem boundary of the project. (Planning) 3.8. Developer shall incorporate roof and building drainpipes and downspouts in an architecturally compatible manner including location and color to the satisfaction of the Director of Planning. (Planning) 4. Signage 4.1. Developer shall submit a plan showing the design and location of any proposed wayfinding signage on the interior of the site which shall be subject to review and approval of the Planning Director. (Planning) 4.2. Signs shall be reviewed under separate permit and pursuant to the requirements of the Cypress Zoning Ordinance. (Planning) 5. Landscaping 5.1. 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) 5.2. All 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 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 Planning. (Planning) 5.4. Pursuant to the Cypress Town Center and Commons Specific Plan 2.0, any existing trees removed for the development of the project shall be replaced onsite with the equivalent number of specimen trees (48" box or equivalent). These 345 replacement trees shall be planted in addition to normal tree planting requirements. (Planning) 5.5. Street trees shall be provided along Vessels Circle pursuant to the standards listed in CMC 33.13.070.B. (Planning) 5.6. All required off-site and on-site improvements for the project, including structures, paving, and landscaping, shall be completed prior to occupancy unless the Planning Director allows Developer to provide security or an executed agreement approved by the City Attorney to ensure completion of such improvements. 5.7. Ground floor private patio areas shall be equipped with a gas connection, water spigot, and an electrical outlet. 6. Operational 6.1. The CC&R's for the project shall include a section stating all required guest spaces shall be unassigned and prohibited from being assigned to a particular residential unit. (Planning) 6.2. The CC&R's for the project shall include a section prohibiting the parking of recreational vehicles over 20 feet long in the project. (Planning) 6.3. The CC&R's for the project shall include a section prohibiting exterior storage of homeowner or HOA property within parking areas or anywhere else on site. (Planning) 7. Property Maintenance 7.1. All walls and fences shall be maintained free of significant surface cracks, dry rot, warping, missing panels or blocks, which threaten the structure's structural integrity. (Planning) 7.2. Parking lot surfaces and pedestrian walkways shall be maintained in a safe condition such that any concrete, asphalt, or other driving or walking surfaces are free of potholes, buckled or cracked surfaces, or raised areas. (Planning) 7.3. The property shall be maintained free of the accumulation of trash and debris. Trash and debris are to be stored soley in designated solid waste bins. (Planning) 7.4. Exterior building elevations shall be maintained such that the buildings are free of broken, missing, or significantly cracked surface finished materials. (Planning) 7.5. The property shall be maintained clear of all graffiti. All graffiti shall be removed within 48 hours once notified in writing by the City. (Planning) 7.6. 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) 8. Fees 8.1. As applicable, the applicant shall pay the following fees, as noted below. (Engineering) • Park and Recreation (Prior to issuance of Building Permit) • Drainage Fee for Master Drainage Plan (Prior to issuance of Building 346 Permit) • City-wide Traffic Improvement (Prior to issuance of Building Permit) • Regional Traffic Improvement (Prior to issuance of Building Permit) • Final Subdivision Map Check (Prior to submittal of Map) • Sanitary Sewer Connection (Prior to issuance of Building Permit) • Grading / On -Site (Non -Structural) Plan Check (Prior to submittal of Grading Plans) • Grading Permit and Inspection (Prior to Permit issuance) • Building Plan Check (Prior to submittal of Plans) • Building Permit and Inspection (Prior to Permit issuance) • Public Improvement Plan Check (Prior to submittal of Plans) • Public Improvement Permit and Inspection (Prior to Permit issuance) 8.2. Within 48 hours of the approval of 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, to enable the City to file the Notice of Determination pursuant to Fish and Game Code §711.4 and Califomia Code of Regulations, Title 14, section 753.5. (Planning) I 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. (Engineering) 9.2. Prior to recordation of a subdivision map, the applicant shall submit all public improvement plans and grading plans per the Public Works Standard Plans and specified design criteria. All plans shall be in ink on 24 inch by 36 inch Mylar with City title block on all sheets. (Engineering) 9.3. Prior to building permit issuance, 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. (Engineering) (Easement Subordination) 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) (Existing Monuments) 9.5. The applicant shall notify the City Engineer in writing if any changes to parcel/tract map are proposed during the plan check process. Permits shall not be issued until the City Engineer has reviewed and approved the proposed changes for 347 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) (Changes to the Tract Map/Parcel Map) 9.6. The applicant shall make all submittals, including engineering, building, grading, water quality, and inquiries through the department's online plan check and permit application or as determined by the City Engineer. 10. Landscaping within the Public Right -of -Way 10.1. N/A 11. Sewer and Wastewater . 11.1. 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) 11.2. All sewer lines within the development shall be private sewer lines and shall be maintained and cleaned by the developer, or successor in interest. The City of Cypress shall have no responsibility for maintenance of the private sewer lines. (Engineering) 12. Street Trees 12.1. N/A; See Section 5, Landscaping. 13. Street Lighting 13.1. Prior to recordation of the Subdivision Map, the applicant shall design and submit plans for all street lights within the extension of Vessels Circle for eventual incorporation into the City owned Street Light system. Street lights on marbelite light poles shall be installed per Southem Califomia Edison standards/requirements. The street lights will remain private until such time the City accepts the dedication for the street. (Engineering) (Street Lighting) 14. Streets 14.1. Prior to the recordation of a subdivision map the subdivider shall place a note on the map, in a manner that meets the approval of the City Engineer that states: "The private streets constructed within this map, shall be owned, operated and maintained by the developer, successors or assigns. The City of Cypress shall have no responsibility for maintenance." (Engineering) (Private Streets) 14.2. Prior to the recordation of a subdivision map, the applicant shall reference on the subdivision map any parcels affected by two-way reciprocal access, joint drainage, joint irrigation, joint use and parking easements etc., and place a note on the final map reserving the easement for the benefit of applicable parcels on the map, in a manner meeting the approval of the City Engineer in consultation with the City Planner. (Engineering) (Reciprocal Easements) 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) (Damage to Public Improvements) 348 14.4. For the extension of Vessels Circle, structural sections shall be based on the recommendation of a soils report prepared by an engineering firm acceptable to the City Engineer. All design shall be in conformance with the County of Orange Highway Design Manual. Attention is directed that street structural sections shall be determined by using an applicable Traffic Index but shall be not less than three inches asphalt concrete over six inches of asphalt base. The minimum flow line grade in streets shall be two-tenths percent, and the minimum A.C. cross fall shall be two percent. (Engineering) (Street Structural Sections) 14.5. Street name signs and traffic signs shall be installed per City Standards unless written approval is obtained from the City Engineer. (Engineering) (Street Signs) 14.6. Prior to the recordation of the final map, the developer shall place on the map an offer of irrevocable dedication, in a form and language acceptable to both the City Engineer and City's Development Attorney, for the extension of Vessels Circle. The extension of Vessels Circle shall be owned and maintained as a private street until acceptance of the offer and the street is constructed to public street standards as determined by the City Engineer. (Engineering) 15. Subdivisions 15.1. This permit is granted subject to the City's approval of a tentative map and final map and recordation of the final map. The City shall issue building permits only after such recordation, unless otherwise approved by both the Planning Director and Public Works Director and/or pursuant to the Subdivision Map Act. Before occupying any structures or initiating any use approved by this permit, Developer shall comply with all conditions of the tentative and final map. (Engineering, Planning) 15.2. All proposed street names for newly created streets, whether public or privately owned, shall be subject to the approval of the City. The developer shall submit to the Planning Director a list of three proposed names and the new street names shall be taken from this list or as recommended by City staff. New streets that align with existing streets shall use the existing street name. Building addresses shall be assigned by the City Building Division. (Planning, Engineering, Building & Safety) (Street Names) 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) (Driveways) 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) (Sight Distance) 16.3. Prior to issuance of building permits, the applicant shall submit final street plans detailing the extension of Vessels Circle as a private street and its connection to the existing street for approval by the City Traffic Engineer. Any work within the Public Right of Way will require a written permit from the City Engineer. (Engineering) 349 17. Utilities 17.1. All utilities shall be underground with no overhead wiring. (Engineering) (Undergrounding Utilities) 17.2. The applicant shall include in the street plans a detailed sheet of any above ground cabinet placed on the extension of Vessels Circle. These will be subject to the approval of the City Engineer. (Engineering) 18. Drainage 18.1. Prior to issuance of grading permits or recordation of the subdivision map, whichever comes first, at the direction of the City Engineer, the applicant shall submit a grading plan for approval, in ink, on Mylar, signed and stamped by a registered Califomia civil engineer and using actual grades from an Orange County Surveyor's Benchmark on a form acceptable to the City Engineer. (Engineering) (Grading Plan) 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 altematively, 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-yearflood. 18.2. Prior to the recordation of a subdivision map or prior to the issuance of any grading permit, whichever comes first, and if determined necessary by the City Engineer, the applicant shall record a letter of consent from the affected property owners permitting offsite grading, cross lot drainage, drainage diversions and/or unnatural concentrations. The applicant shall obtain approval of the form of the letter of consent from the City Engineer before recordation of the letter. (Engineering) (Cross Lot Drainage) 18.3. Prior to the issuance of any grading permit, and if determined necessary by the City Engineer, the applicant shall record a letter of consent, from the upstream 350 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) (Offsite Drainage) 18.4. Prior to the recordation of a subdivision map (except maps for financing and conveyance purposes only) or prior to the approval of final inspection, whichever occurs first, the applicant shall construct all required drainage improvements, or provide evidence of financial security (such as bonding), in a manner meeting the approval of the City Engineer, and inspection and dedication of the associated easements to the City of Cypress, if determined necessary. If a bond is provided, the applicant shall construct all drainage improvements prior to certificate of occupancy. (Engineering) (Construction of Drainage Improvements) 18.5. Prior to the recordation of the final map, the developer and adjacent property owner, shall provide the City a drainage easement or other acceptable legal instrument or agreement that runs with the land, allowing construction and maintenance of any of the necessary water quality drainage features identified in the final approved Water Quality Management Plan (WQMP) for the development. The adjacent property or successor in interest shall maintain these features until such time the property is redeveloped and a new WQMP is approved. The instrument shall determine whether the adjacent property owner or developer is responsible for the regular and long-term maintenance. The City shall be provided access rights to inspect the area. Failure to maintain any device in accordance with the WQMP or applicable law or the stormwater permit may result in fines be levied. 19. Storm Water Quality — National Pollutant Discharge Elimination System 19.1. Development must be undertaken in accordance with conditions and requirements of the Santa Ana Region National Pollutant Discharge Elimination System (NPDES) Permit Order No. R8-2009-0030 as amended by Order No. R8-2010-0062. 19.2. 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). The WQMP must 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. The WQMP must identify the routine structural and non- structural measures specified in the current Drainage Area Management Plan (DAMP) and utilize the Orange County Technical Guidance Document (OC TGD) as well as the Model WQMP. Applicable WQMP projects must also: • Utilize the City's current WQMP template; • Utilize the City's online WQMP application system for submittal; • Address site Design BMPs (as applicable) such as minimizing impervious areas, maximizing permeability, minimizing connected impervious areas, creating reduced or zero discharge areas, and conserving natural areas; • Incorporate Routine Source Control BMPs as defined in the DAMP; • Include post -construction Treatment Control BMP(s) as defined in the DAMP; • Include and Operations and Maintenance (O&M) Plan that (1) describes the long- term operation and maintenance requirements for pos- construction Treatment Control BMP(s); (2) identifies the entity that will be responsible for long-term operation and maintenance of the referenced Treatment Control BMP(s); (3) describes the mechanism for funding the long-term operation and maintenance of the references Treatment Control BMP(s); (4) includes the Water Quality Implementation Covenant 351 and Agreement. 19.3. Prior to issuance of and grading or building permits, the applicant must submit a certified copy of the approved Final Water Quality Management Plan (WQMP) 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. The Final WQMP 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 DAMP and OC TGD. alterations to the site and the site plan may be required as prescribed by the City Engineer to the WQMP. Any significant alteration to the site plan due to the Final WQMP may require approval of the Council for the revision. Additionally, the WQMP must identify a responsible party and implement funding sources for maintaining post construction BMPs 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. 19.4. The owner is responsible for providing a Water Quality Implementation Covenant and Agreement and an Operations and Maintenance plan that outlines the funding and maintenance of water quality BMPs, consent to inspect, and indemnification on the forms provided by the City for all post -construction stormwater mitigation and treatment devices, as required by the Santa Ana Regional National Pollutant Discharge Elimination System (NPDES) Permit Order No. R8-2009-0030 as amended by Order No. R8-2010- 0062. The agreement will be subject to the review and approval of the City Engineer and City Attorney. Before final acceptance of project improvements, the owner or his/her designated representative must certify that the treatment device was constructed and installed in accordance with the approved plans. Prior to the issuance of a certificate of occupancy, the applicant must 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 and Maintenance Covenant and Agreement 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 • Demonstrate that copies of the project's approved WQMP and Covenant and Agreement (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, Maintenance Covenant and Agreement and O&M Plan. • Demonstrate that the applicant has RECORDED one of the following: 1. The CC&R's (that must include the approved WQMP, Maintenance Covenant and Agreement and O&M Plan) for the project's Homeowner's Association; 2. A Water Quality Implementation Covenant and Agreement that has the approved WQMP and O&M Plan attached; or 3. The final approved Water Quality Management Plan (WQMP) and Operations and Maintenance (O&M) Plan. (Engineering, Water Quality) (NPDES/WQMP Compliance Measures) 352 19.5. All onsite storm drain inlets, whether newly constructed or existing, must be labeled "No Dumping Drains to Ocean" before occupancy in accordance with city requirements. 19.6. All exterior metal building surfaces, including roofs, must be coated with rust - inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system prior to occupancy. 19.7. Trash enclosures and/or recycling area(s) must include a structure to cover the enclosure with a solid roof design below to direct stormwater away from entering the enclosure. All litter/waste material must be kept in leak -proof containers. Area(s) must be paved with impermeable material. No other area may drain onto these areas. The trash enclosure and/or recycling area(s) may not drain to the storm drain system and all cleanups must be performed using dry cleanup methods. Trash Enclosures for projects regulated by the current NPDES Permit may be required to design to slope to an interior trapped area floor drain and connected to a pre-treatment device such as an interceptor or clarifier before plumbing to the sanitary sewer system. Additionally, there must be a posted sign on the trash enclosure informing users that hazardous materials are not to be disposed therein. Enclosures for air compressors must include a roof installation similar to trash enclosures, and direct water from entering the enclosure. 19.8. Pet waste collection systems or dispensers, which hold bags for pet owners to use to pick up waste, must be installed in close proximity to trash receptacles in all parks and common use areas. Regular refuse collection and resupply of pickup bags must be conducted by property owner or homeowner's or business owner's association. 19.9. Decorative fountains and ponds must be designed with no connection to the storm drain system. The discharge of non-stormwater from fountains and ponds must not be allowed to drain to the storm drain system. 19.10. Prior to the issuance of any grading or building permit, the applicant must submit an Erosion and Sediment Control Plan (ESCP) in a manner meeting approval of the City Engineer and the Building Official and in accordance with requirements of the Santa Ana Regional National Pollutant Discharge Elimination System (NPDES) Permit Order No. R8-2009-0030 as amended by Order No. R8-2010-0062. The ESCP must be developed and implemented to demonstrate compliance with the City's NPDES Implementation Program and State water quality regulations for grading and construction activities. The ESCP must identify how all construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. must 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 must also describe how the applicant will ensure that all BMPs will be maintained during construction of any future public right-of-ways. The ESCP must be updated as needed to address the changing circumstances of the project site. A copy of the current ESCP must be kept at the project site and be available for City review on request. 19.11. For projects that disturb one (1) acre or more of soil or are part of a larger common plan of development, prior to the issuance of any grading or building permits, the applicant must demonstrate compliance with California's General Permit for Storm Water Discharges Associated with Construction Activity (Permit No. CAS000002/Order No. 2009-009- DWQ as amended) 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 353 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 must prepare and implement a Storm Water Pollution Prevention Plan (SWPPP). A copy of the current SWPPP must be kept at the project site and be available for City review on request. The applicant must ensure that the SWPPP is consistent with any City approved plan including the grading plan, site plan, building plans, and water quality management plan. 19.12. If a change of ownership takes place for the entire development or portions of the common plan of development where construction activities are still on- going, development must provide the City with Proof of a Change of Information form (COI) with the State GCP. 19.13. Prior to issuance of certificate of occupancy, the applicant must 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 must 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. 19.14. All onsite storm drains must be cleaned at least twice a year; once immediately before October 1st (the beginning of the rainy season), and once in January. Additional cleaning may be required by the City Engineer. 19.15. There must be no pressure washing of parking or loading areas, material and waste storage areas, or building site, unless the City approves a collection system to keep water from entering the storm drain. 19.16. Waters from salt -chemistry pools or spas, filter waste and acid -wash or other cleaning wastewater are prohibited and illegal to discharge to the storm drain system. Water from swimming pools may be discharged to the storm drain system as long as the discharge meets the City's Municipal Stormwater Permit requirements. There must not be any swimming pool drains directly connected to the storm drain system. 19.17. Prior to grading or building permit close-out and or the issuance of a certificate of occupancy, the applicant must demonstrate that compliance with the permit has been obtained by providing a copy of the Notice of Intent (NOI) submitter to the State Water Resources Control Board and a copy of the notification of the issuance of a Waste Discharge Identification (WDID) Number or other proof of filing coverage under the current Industrial General Permit. Additionally, the applicant will be subject to all requirements of Section 13-29 of the Cypress Municipal Code regarding stormwater pollution prevention including, but not limited to obtaining Water Quality permit prior to the issuance of a final certificate of occupancy. 19.18. Any applicant or its successor shall be responsible for the cost of any water quality inspections by the City that are mandated by the State of California or by the U.S. Environmental Protections Agency (USEPA) presently or in the future. 19.19. The Improvement Bond must incorporate all post -construction stormwater devices from the approved WQMP. These costs will be provided in the WQMP for review and inclusion in the Improvement Bond and shall cover device defects as well as malfunctions and possible replacement in the event the device is damaged or not operating per the manufacturer's specification or intended design. 19.20. The applicant will be subject to all requirements of Section 13-29 of the Cypress 354 Municipal Code regarding stormwater pollution prevention including, but not limited to, obtaining a Water Quality permit through the City's online application and permitting system, prior to issuance of a final certificate of occupancy. 20. Building and Safety 20.1. Applicant/developer shall provide a single point of contact for all phases of the permitting process and the construction process. The point of contact may be different for permitting and construction. The applicant/developer will provide a 24-hour contact number. This person will be responsible for all communications with Building and safety including but not limited to application, plan submittal, permit issuance, inspection requests and any other requests or inquiries. 20.2. Applicant/developer will schedule a pre -construction meeting prior to any work starting on the project site. The meet shall be scheduled on site 1-2 weeks prior to the start of construction. All Superintendents, contractors, designers/engineers, Building and Safety, Storm Water and project contact persons will be invited and required to attend. 20.3.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 from the City Engineer. (Building & Safety) 20.4. 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) 20.5. 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) 20.6. Delivery, loading and unloading of construction materials shall occur on site and not within the Public Right of Way unless a permit is obtained from the City Engineer. (Building and Safety) 21. Solid Waste 21.1. The applicant shall subscribe to solid waste services from the City's solid waste hauler with no less than one time per week service for trash, recycling, and organics recycling 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. (Public Works, Water Quality) 21.2. The applicant shall construct new or modify its existing trash enclosure structure to house all required solid waste containers (trash, recycle, organics) 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 355 certificate of occupancy. For residential projects without an enclosure, the applicant shall provide for sufficient space within the garage and/or side yard for storage of the three required cans for each single-family house, townhome or condominium in accordance with the Zoning Code. (Public Works, Water Quality) 21.3. The applicant shall not install a trash compactor at the site without first having received written approval from the City's solid waste hauler. (Public Works) 21.4. For phased construction of residential projects as houses are occupied, the applicant shall ensure there is adequate room and clearance for solid waste trucks for residential pick up and for placement of construction bins on site during construction. Access ways shall not be blocked without written approval of the Building Official. (Public Works) 21.5. The applicant shall confirm with the City's solid waste hauler and disclose to the prospective owners that their solid waste rates may be the multi -family rate due to the private streets not being able to accommodate a regular size residential trash truck. (Public Works) 22. Security 22.1. N/A 23. Fire 23.1. Plan Submittal: The applicant or responsible party shall be responsible to submit the plan(s) listed below to the Orange County Fire Authority for review. Approval shall be obtained on each plan prior to the event specified. Prior to OCFA clearance of a final map or issuance of a precise grading permit or a building permit, if a grading permit is not required: • fire master plan (service code PR145) • alternate methods and materials (AM&M) request (PR910) Prior to issuance of a building permit: • 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) Specific submittal requirements may vary from those listed above depending on actual project conditions identified or present during design development, review, construction, inspection, or occupancy. Portions of the project that are deferred shall be subject to the codes, standards, and other applicable requirements in force on the date that the deferred plan is submitted to OCFA. Standard notes, guidelines, informational bulletins, submittal instructions, and other information related to plans reviewed by the OCFA may be found by visiting ocfa.org. 23.2. Emergency Access Easements: Irrevocable reciprocal access easements for emergency access purposes to the benefit of the City of Cypress shall be recorded concurrently with the final map and the final map will be submitted to the OCFA for clearance. 23.3. Secured Fire Protection Agreement: Prior to clearance of a final map for recordation, or issuance of a building permit, whichever comes first, the 356 applicant or responsible party shall enter into a secured fire protection agreement with OCFA Strategic Services (714-573-6199) to mitigate additional fire service impacts resulting from the project. 23.4. Preconstruction Meeting: Before commencement of construction, the applicant or responsible party shall attend a pre -construction meeting with an OCFA inspector. Call OCFA Inspection Scheduling at 714-573- 6150 at least five days in advance to schedule and pay for the pre -construction meeting. 23.5. Lumber -drop Inspection: After installation of required fire access roadways and hydrants, the applicant shall receive clearance from the OCFA prior to bringing combustible building materials on-site. Call OCFA Inspection Scheduling at 714- 573-6150 with the Service Request number of the approved fire master plan at least five days in advance to schedule the lumber drop inspection. Effective: May 10, 2021 SECTIONS 1. General 2. Planning 3. Architectural 4. Signage 5. Landscaping 6. Operational 7. Property Maintenance 8. Fees 9. Engineering 10. Landscaping in the Public Right -of -Way 11. Sewer and Wastewater 12. Street Trees 13. Street Lighting 14. Streets 15. Subdivisions 16. Traffic 17. Utilities 18. Drainage 19. Storm Water Quality 20. Building & Safety 21. Solid Waste 22. Security 23. Fire