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Resolution No. 6863 38 RESOLUTION NO. 6863 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2021-03, FOR THE DEVELOPMENT OF 98 SENIOR HOUSING UNITS, INCLUDING 50 AFFORDABLE CONDOMINIUM UNITS AND 48 MARKET-RATE CONDOMINIUM UNITS, RESTRICTED TO AT LEAST ONE SENIOR HOUSEHOLD MEMBER OF AGE 62 YEARS OR OLDER, ON A 6.3-ACRE SITE LOCATED AT 9470 MOODY STREET (NORTHEAST CORNER OF MOODY STREET AND ORANGE AVENUE) WITHIN THE PS-1A (PUBLIC AND SEMI-PUBLIC) ZONE 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 the development of 98 senior housing units, including 50 affordable condominium units and 48 market-rate condominium units, restricted to at least one senior household member of age 62 years or older, on a 6.3-acre site located at 9470 Moody Street (northeast corner of Moody Street and Orange Avenue) (the "Project"); and WHEREAS, the Project requires the following to be approved by the City Council: an Initial Study/Mitigated Negative Declaration ("IS/MND"), a Tentative Tract Map (VTTM No. 19147), and a Conditional Use Permit (CUP No. 2021-03); and WHEREAS, the subject site is zoned PS-1A (Public and Semi-public). Section 2.08.030 of the Cypress Zoning Ordinance states that Senior Housing — Affordable is a permitted use subject to the approval of a Conditional Use Permit; and WHEREAS, the City Council has reviewed the goals and objectives of the General Plan as laid out in the City Council staff report dated October 25, 2021, and finds that the Project is consistent with the intent of the General Plan; and WHEREAS, on October 25, 2021, the City Council held a duly noticed public hearing and considered testimony on the application; and WHEREAS, in accordance with the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration (IS/MND) was prepared for the proposed project and released to the public on August 18, 2021, for a 30-day review period. All required notifications were provided pursuant to CEQA (Public Resources Code Section 21092.5) and all comment letters were incorporated into the Final IS/MND; and 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, based upon substantial evidence taken from the administrative record and at the public hearing, AS FOLLOWS: SECTION 1. Findings. 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 and the Zoning District in which the site is located. The Project site has a general plan land use designation of Community Facilities and Services and is zoned PS-1A (Public and Semi-public). The Community Facilities and Services designation includes "a wide range of public and private uses that are necessary to support the community". The provision of affordable senior housing is 39 consistent with this designation. Additionally, per Section 2.08.030 of the Zoning Ordinance, affordable senior housing is permitted in the PS-1A zone with conditional use permit approval. The Project meets all applicable development standards required by the Zoning Ordinance. 2. The proposed location of the conditional use and the conditions under which it 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 improvements in the vicinity. With approval of the conditions included in Exhibit "A", the Project will not be materially detrimental to the public health, safety or general welfare. The project is adjacent to single-family residential uses to the north and a religious facility to the east; however, the site has been designed to avoid negatively impacting adjacent uses by including appropriate setbacks, landscaping, and other features. The conditions included in Exhibit "A", along with the mitigation measures included in the MMRP will ensure that the construction and ongoing maintenance and operation of the project will not negatively impact public health, safety, or general welfare. 3. The proposed conditional use would comply with all applicable provisions of this zoning ordinance. With approval of the conditions included in Exhibit "A", the Project complies with all applicable development standards and provisions of the zoning ordinance including those related to setbacks, lot coverage, landscaping and off-street parking. SECTION 2. CEQA The City Council confirms that it has reviewed and considered the Final IS/MND and Mitigation Monitoring and Reporting Program (MMRP) for the Project. The IS/MND and MMRP have been prepared, noticed, and are hereby adopted according to the requirements of the California Environmental Quality Act. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress hereby approves Conditional Use Permit No. 2021-03, subject to the applicable conditions included in Exhibit "A". 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 25th day of October, 2021. R OF/i HE CITY OF CYPRESS ATTEST: CIT LERK OF THE ITY 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 25th day of October, 2021, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Hertz, Marquez, Minikus, Morales and Peat NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 4zadUt CITYERK OF THIETTY OF CYPRESS 40 "EXHIBIT "A" PROJECT TITLE: CUP NO. 2021-03 & TTM NO. 19147— CITRUS SQUARE SENIOR COMMUNITY ADDRESS: 9470 MOODY STREET, CYPRESS, CA CONDITIONS OF APPROVAL 1. General Conditions 1.1. Prior to the issuance of building permits, the project applicant and property owner shall sign and return a City-provided affidavit accepting these conditions of approval. (Planning) 1.2. This permit is granted for the plans dated March 10, 2021 and June 14, 2021, the landscape plans dated March 9, 2021, and the tentative map dated May 17, 2021, ("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. (Planning) 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, 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) 1.4. 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 Attorney) 1.5. All requirements of the Cypress Municipal Code, Orange County Fire Authority (OCFA), Orange County Health Department, and Cypress Building and Safety Division and any other provisions of applicable law shall be satisfied prior to commencement of the business operation or a certificate of occupancy being k, issued at all times during operation of the business. (Planning) 1.6. Any failure of applicant to abide by these conditions of approval or sign and return a City-provided affidavit accepting these conditions of approval shall be grounds for City's initiation of proceedings to revoke this Conditional Use Permit in accordance with the City's Zoning Ordinance. 1.7. The applicant may request minor modifications of conditions of approval 41 consistent with the intent of the project approval. The Planning Director, City Engineer, Orange County Fire Authority, and/or the Police Chief, depending on the requested modification, shall approve the modification in writing. For numerical standards, the Planning Director may approve deviations up to 10% provided that city code requirements are met. 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 use permit. (Planning) 2.2. 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) 2.3. The developer shall provide mailbox facilities for each residence, to the satisfaction of the Planning Director and the Postmaster. (Planning) 2.4. 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) 2.5. All mitigation measures within the approved Mitigated Negative Declaration 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) 2.6. 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 include a section requiring garage parking spaces maintained open and available at all times for the parking of two vehicles. The CC&R's shall be reviewed and approved by the Planning Director prior to recordation. (Planning) 2.7. Guest parking spaces shall not be used for long-term parking. Restrictions for guest parking spaces shall be included in the CC&R's for the project. (Planning) 2.8. Areas subject to vehicle loading, driveways, etc., shall consist of Portland Cement Concrete(PCC) unless an alternative material is approved in the project WQMP for infiltration purposes. (Planning) 2.9. A copy of the approved Conditions of Approval including the Mitigation Monitoring and Reporting Program from the approved Mitigated Negative Declaration, shall be included in all development plans submitted to the City. (Planning) 2.10. Exterior lighting shall comply with Section 3.11.060 (Exterior lighting) of the Zoning Ordinance. Developer shall submit a lighting plan showing standard heights and light materials and a photometric plan showing light levels on site and at the adjacent property limits. 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) 42 3. Architectural 3.1. Architectural elevations and site plans shall be reviewed and approved by the Community Development Department prior to the issuance of building permits. (Planning) 3.2. All architectural treatments shall be constructed as illustrated on plans and renderings submitted. The final exterior color scheme shall be submitted to the Community Development Department for review and approval prior to actually painting the structure. (Planning) 3.3. All equipment, such as heating and air conditioning units,transformer boxes, and water valves shall be adequately screened from public view subject to the approval of the Planning Director. (Planning) 3.4. Should the existing wall located directly adjacent to the eastern perimeter property line be demolished, Developer or HOA shall be responsible for construction of a new wall on the eastern perimeter property line. The new wall shall be stucco with enhanced precast caps, consistent with the rest of the development. The new wall shall have a height of six feet as measured from the higher grade. Developer or HOA shall submit two sets of wall plans for review and approval by the Planning Director or designee. (Planning) 3.5. Installation of a fence, wall, gate, or other partition which separates the buildings containing affordable units (Buildings A and B)from the rest of the development is prohibited. (Planning) 3.6. 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) ..,� 3.7. Buildings A and B, and the 50 affordable units located therein, shall be constructed with the same type and quality of exterior materials and interior fixtures, finishes, and amenities as Buildings 1-8 and the market rate units therein. (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. All required landscaping shall be permanently maintained in a neat and orderly condition. (Planning) amp Acie 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) 43 5.4. 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. (Planning) 5.5. Ground floor private patio areas of the Market Rate units shall be equipped with a water spigot, and an electrical outlet. (Planning) 6. Operational 6.1. 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) 6.2. 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) 6.3. 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) 6.4. The CC&R's for the project shall include a section restricting residency of all units to households containing at least one member age 62 or older. (Planning) 6.5. Prior to building permit issuance, the applicant shall enter into an Affordable Housing Agreement with the City. The Affordable Housing Agreement shall outline the affordability requirements for the 50 units in Buildings A and B ("Affordable Units"), including but not limited to: the eligibility criteria to be imposed on prospective homebuyers; the procedures to be followed when buying and selling Affordable Units; the methodology for setting the maximum sales prices; the methodology for establishing the minimum and maximum down payments that can be made by homebuyers; and the monitoring and enforcement activities that will be undertaken by the City. (Planning) 6.6. The CC&R's for the project shall include a section restricting the sale or resale price of the Affordable Units to a price affordable to moderate income households, as defined by the Department of Housing and Community Development and detailed in the Affordable Housing Agreement. The CC&R's shall further restrict purchase of the Affordable Units to households earning a maximum of 120% of the area median income as defined by the Department of Housing and Community Development. (Planning) 6.7. The CC&R's for the project shall include a provision that ensures full access to all project amenities for all residents, including residents of the Affordable Units. (Planning) 6.8. The CC&R's for the project shall include a provision requiring the homeowner of an Affordable Unit to occupy the unit as their primary residence. (Planning) 6.9. The affordability provisions outlined in Conditions 6.6, 6.7, and 6.8 shall remain in effect in perpetuity. (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) 44 7.2. Parking lot surfaces and pedestrian walkways shall be maintained 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 solely 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) 8. Fees 8.1. 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 California Code of Regulations, Title 14, section 753.5. (Planning) 8.2. The applicant shall pay all development, plan check, and permit fees as required and outlined in the Cypress Municipal Code. 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. In the event the developer's contractor and/or subcontractor fails to diligently prosecute the work within the public right-of-way, the City reserves the right, in its reasonable discretion, to issue a stop work notice and to provide a substitute contractor and/or subcontractor to complete said work at the sole cost and expense of developer. (Engineering) 9.2. Prior to recordation of a subdivision map, the applicant shall submit all public improvement plans per the Public Works Standard Plans and specified design criteria. All plans shall be submitted in an acceptable digital format and one copy printed on mylar. (Engineering) 9.3. 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) 45 9.4. Prior to any street construction or relocation, when there are monuments in the project area which control the location of subdivisions, streets or highways, or provide survey control, the developer shall locate and reference the monuments and shall reset them after construction as required by Section 8771 of the Business and Professions Code, in a manner meeting the approval of the City Engineer. (Engineering) 9.5. The applicant shall notify both the Public Works Director and Planning Director in writing if any changes to parcel/tract map are proposed during the plan check process. Permits shall not be issued until both the Public Works Director and Planning Director have reviewed and approved the proposed changes for conformance with the intent of the City Council's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement may be required. (Engineering, Planning) 10.Landscaping within the Public Right-of-Way 10.1. Prior to issuance of building permits, the applicant shall submit a street landscaping and irrigation plan within the public right-of-way to the City Engineer for approval. The subject landscaping and irrigation plans shall be designed to be in conformance with the City's water efficient landscape ordinance. (Engineering, Maintenance) 10.2. The applicant shall post a bond to guarantee against any defects in plant materials and workmanship. The applicant shall submit a soils report for all planting areas, prepared by a qualified agricultural laboratory to the City Engineer for approval at least 30 days prior to planting date. Test results shall include concentration of nitrogen, phosphorus, potassium, ph, salinity, sodium status, and boron saturation extract. Drought tolerant landscape is encouraged. The landscaping will be irrigated from the private property meter and the applicant or successor in interest will pay for all water. (Engineering, Maintenance) 10.3. Prior to issuance of a temporary or final certificate of occupancy, the applicant shall install new public right-of-way landscaping and irrigation per the approved street landscaping and irrigation plan. (Engineering, Maintenance) 10.4. The applicant or his successor in interest shall maintain all landscaping planted in the public right-of-way located along the frontage of their property in a healthy and safe condition. (Engineering, Maintenance) 11.Sewer and Wastewater 11.1. The developer shall examine the existing lateral and provide proof that the capacity of the lateral is sufficient for intended use. If the existing lateral is not useable or does not have sufficient capacity, the developer shall construct a new public sewer lateral with a publicly owned cleanout/manhole in the public right-of-way at a location approved by the City Engineer. (Engineering) 11.2. Prior to the recordation of the subdivision map,the applicant shall submit a sewer plan signed and stamped by a registered civil engineer, detailing all the proposed public and/or private sewer lines meeting the requirements of the City Design Standards for Sewer Facilities. (Engineering) 11.3. All sewer lines within the development shall be private sewer lines and shall be maintained and cleaned by the developer, or successor in interest. The City of Cypress shall have no responsibility for maintenance of the private sewer lines. (Engineering) 46 12.Street Trees 12.1. Prior to the issuance of a temporary or final certificate of occupancy, the applicant shall plant trees within the public right of way in accordance with the approved street landscape plan and tentative map subject to the approval of the City Engineer (Engineering) 12.2. The applicant or successor in interest shall trim all trees in the public right-of-way annually or as prescribed by the City Engineer and maintain the trees in a healthy and safe condition. (Maintenance) 13.Streets 13.1. Prior to the recordation of a subdivision map the applicant shall place a note on the map 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) 13.2. Prior to recordation of the subdivision map, the applicant shall submit a street design plans for approval by the City Engineer for all proposed City streets or any work within existing public right of way. Street name signs and traffic signs shall be installed per City Standards (Engineering) 13.3. The final map shall show easements for any meandering sidewalk located within private property to the City for pedestrian purposes. (Engineering) 13.4. Prior to issuance of a certificate of occupancy, the applicant shall replace all sidewalk or driveway approaches or cause to fix any other frontage improvement located in the public right-of-way per the approved street plans. The applicant shall grant an easement to the City for pedestrian purposes for any improvement such as driveway approaches for compliance with ADA requirements. (Engineering) 13.5. 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) 14.Subdivisions 14.1. 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, the applicant shall comply with all conditions of the tentative and final map. (Engineering, Planning) 14.2. All proposed street names for newly created streets, whether public or privately owned, shall be subject to the approval of the City. New streets that align with existing streets shall use the existing street name. Building addresses shall be assigned by the Building Official. (Planning, Engineering, Building & Safety) (Street Names) 15.Traffic 15.1. The access driveway to the development shall be designed such as there is minimal impact on the vehicle's tire upon ingress and egress from the driveway, as approved by the City Engineer. (Engineering) 47 15.2. The quantity, location, width, and type of public driveways shall be subject to the approval of the City Traffic Engineer. Prior to construction of any driveway approach upon public street right-of-way, the applicant shall obtain a public works permit. (Engineering) (Driveways) 15.3. Prior to the issuance of any grading permits, the applicant shall provide adequate sight distance per Engineering Standard Plan 204 and 205 at all street intersections, driveways, and parkways, in a manner meeting the approval of the City Traffic 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. (Engineering) (Sight Distance) 15.4. Prior to the issuance of certificate of occupancy, the applicant shall construct all improvements shown on the Tentative Map or as required by the City Traffic Engineer, including the median modifications along Moody Street to provide a left turn pocket into the development, and striping and signage modifications along Orange Avenue. All costs for the improvements including but not limited to design, construction, and inspection shall be the responsibility of the applicant. (Engineering) (Construction of Traffic Improvements) 15.5. Prior to the issuance of a certificate of occupancy, the applicant shall install signage, to the satisfaction of the City Traffic Engineer, prohibiting left-turns out of the Orange Avenue driveway during student drop-off/pickup periods for Oxford Academy, from 7:30 a.m. to 9:00 a.m. and from 2:00 p.m. to 3:30 p.m. or as required. 16.Utilities 16.1. Prior to issuance of a certificate of occupancy, the applicant shall install all new and existing utility services underground. (Engineering) 16.2. 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) 17.Drainage 17.1. 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 signed and stamped by a registered California civil engineer and using actual grades from an Orange County Surveyor's Benchmark. (Engineering) The applicant shall ensure the following requirements are met: - Drainage is solved to the satisfaction of the City Engineer and Building Official. - The Grading Plan is consistent with the Water Quality Management Plan, Site Plan and any Improvement Plan for proposed public storm drains. - Submittal of a Preliminary Grading Plan if deemed necessary by the City Engineer. - The topography of the area surrounding this development shall be made to establish existing drainage flow patterns. - The minimum slope standards are met for 1% for landscape areas, AC parking areas 1.5%, Concrete .2%. - All surface runoff and subsurface drainage directed to the nearest acceptable drainage facility, as determined by the City Engineer. - Drainage facilities discharging onto adjacent property shall be designed to imitate the manner in which runoff is currently produced from the site or alternatively, the applicant may obtain a drainage acceptance and 48 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. 18.Storm Water Quality— National Pollutant Discharge Elimination System 18.1 Development must be 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. 182 Prior to the issuance of any grading or building permits, the applicant shall submit for review and approval by the City Engineer, a Final Water Quality Management Plan (WQMP). The Final 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 Final 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. 18.3 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 in the Final WQMP may require approval of the Council for the revision. Also, after Final WQMP approval, any changes to the site plan will require resubmittal and approval by the City. 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. 18.4 The applicant or successor in interest 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: 49 • 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) 18.5 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. 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. 18.6 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 the homeowner's association. 18.7 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. 50 18.8 For projects that disturb one 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 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. 18.9 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. 18.10 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. 18.11 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. 18.12 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.Building and Safety 19.1. 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. (Building and Safety) 19.2. The applicant will schedule a pre-construction meeting with both the Building Official and City Engineer (or desginees) prior to any work starting on the project site. The meeting shall take place one to two weeks prior to the start of construction. All contractors including their superintendents, designers/engineers will be required to attend unless otherwise directed by the Director of Public Works. (Building and Safety, Engineering) 51 19.3. 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 permit is obtained from the City Engineer. (Building & Safety) 19.4. 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) 19.5. 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) 20.Solid Waste 20.1. The applicant shall construct adequate trash enclosure structures 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 provide sufficient space within the garage and/or side yard for storage of the three required cans for each single-family house, townhome or condominium. (Public Works, Water Quality) (Trash Enclosures) 20.2. 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. Source separated organic recycling is required unless alternatives are approved in writing from the Public Works Director. (Public Works, Water Quality) 20.3. For phased construction, as buildings or 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) 20.4. The applicant shall confirm with the City's solid waste hauler and disclose to the prospective owners if the multi-family solid waste rate will be charged due to the private streets not being able to accommodate a regular size residential trash truck. (Public Works) 20.5. The applicant, successor or homeowner's association (HOA) in interest shall educate residents regarding proper organic recycling at least once annually or in accordance with State regulations. Education should include information regarding appropriate bin usage, signage in any shared spaces or trash enclosures and communication via newsletters and property and community announcements. 21.Fire 21.1. The project must adhere to all conditions of approval as detailed in the May 3, 2021 letter from Orange County Fire Authority and listed as Attachment A to this document. 22. Police 22.1. Numbering for the individual condominium units shall be visible to the naked eye from pedestrian walkways.