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Resolution No. 6922 355 RESOLUTION NO. 6922 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING SITE PLAN REVIEW NO. 2022-05, FOR THE DEVELOPMENT OF TWO WAREHOUSE BUILDINGS AND ASSOCIATED PARKING AND LANDSCAPING ON AN 18.6-ACRE SITE LOCATED AT 5757 PLAZA DRIVE IN THE MCDONNELL CENTER SPECIFIC PLAN, IN THE CITY OF CYPRESS, CALIFORNIA WHEREAS, the City Council of the City of Cypress has considered an application submitted by GLC Cypress, LLC ("Developer") for the development of two warehouse buildings and associated parking and landscaping on an 18.6-acre site located at 5757 Plaza Drive in the McDonnell Center Specific Plan (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 Vesting Tentative Parcel Map (VTPM No. 2023-101), and a Site Plan Review (SPR No. 2022-05); and WHEREAS, an application was filed for approval of a Site Plan Review for the Project in accordance with the provisions of Section VI.0 of the McDonnell Center Specific Plan ("Specific Plan"); 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 April 10, 2023, and finds that the Project is consistent with the intent of the General Plan; and WHEREAS, on April 10, 2023, 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 February 6, 2023, for a 20-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 Section VI.C.6 of the Specific Plan, the City Council finds, after due study and deliberation that the following circumstances exist: 1. The proposed project is compatible with the intent and purpose of the Specific Plan. The Project is compatible with the intent and purpose of the McDonnell Center Specific Plan. The project is located in Planning Area 2, which is intended for warehousing and light industrial uses. The proposed warehouse buildings are a permitted use in Planning Area 2. With approval of the conditions included in Exhibit "A", the project maintains the cohesive nature of the Specific Plan area in regards to landscaping, access, and other factors. 356 2. Development of the Site Plan will not have an adverse impact on the public health, safety, interest, convenience, or the general welfare. With approval of the conditions included in Exhibit "A", the Project will not be materially detrimental to the public health, safety or general welfare. Further, the IS/MND found the Project had a less than significant impact with the implementation of the required mitigation measures included in the Mitigation Monitoring and Reporting Program (MMRP). 3. The Site Plan is compatible with the intent and purpose of the regulations and design guidelines of the McDonnell Center Specific Plan. With approval of the conditions included in Exhibit "A", the Project meets all the development standards required by the McDonnell Center Specific Plan. The architectural design of the warehouses is consistent with the Specific Plan design guidelines in that it incorporates a variety of materials, an enhanced building entrance, and a contemporary style. The Project landscaping will enhance the site and maintain the visual appeal intended for the Specific Plan area. SECTION 2. CEQA The City Council confirms that it has reviewed and considered the Final IS/MND and 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 Site Plan Review No. 2022-05, 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 10th day of April, 2023. MAYOR OF THE CITY OF CYPRESS ATTEST: OVVIEUXDALO CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 10th day of April, 2023, by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Burke, Peat and Hertz-Mallari NOES: 2 COUNCIL MEMBERS: Marquez and Minikus ABSENT: 0 COUNCIL MEMBERS: None \Ak;kekk- CITY CLERK OF THE ITY OF CYPRESS 357 EXHIBIT "A" PROJECT TITLE: SPR NO. 2022-05 &VTPM NO. 2023-101 — GOODMAN COMMERCE CENTER ADDRESS: 5757 PLAZA DRIVE CONDITIONS OF APPROVAL 1. General Conditions 1.1. Unless and until the project applicant and property owner sign and return a City- provided affidavit accepting these conditions of approval, there shall be no entitlement of the application. The project applicant and property owner shall have 15 calendar days to return the signed affidavit to the Community Development Department. Failure to do so will render City Council action on the application void. (Planning) 1.2. This permit is granted for the plans dated July 1, 2022 and the tentative map dated January 12, 2023, ("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. Any and all correction notice(s) generated through the plan check and/or inspection process is/are hereby incorporated by reference as conditions of approval and shall be fully complied with by the owner, applicant and all agents thereof. (Planning) 1.6. All requirements of the Orange County Fire Authority(OCFA), Orange County Health Department, and Cypress Building and Safety Division shall be satisfied prior to commencement of the business operation. (Planning) 1.7. The applicant shall obtain a Cypress business license prior to commencement of the business operation. (Finance) 1.8. All applicable conditions of the project shall be complied with prior to occupancy of the subject building. (Planning) 358 1.9. 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 1-8), City Engineer (Conditions of Approval Sections 9-22 and 24), and the Police Chief(Conditions of Approval Section 23). 2. Planning 2.1. Areas subject to vehicle loading, including internal streets, driveways, etc., shall consist of Portland Cement Concrete (PCC) unless an alternative material is approved in the project WQMP for infiltration purposes. (Planning) 2.2. At least two weeks prior to the issuance of the certificate of occupancy, the applicant shall meet with the project planner and members of the Building and Engineering Divisions to ensure that all applicable conditions of approval have been satisfied. (Planning) 2.3. 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) 2.4. All exterior portions of the site, during the hours of darkness, shall be illuminated with a minimum of one foot-candle of light. In order to minimize light and glare on the project property and adjacent properties, all parking lot and exterior structure light fixtures shall be high cut-off type that divert lighting downward onto the property and shall not cast light on any adjacent property or roadway. Illumination levels at the property lines shall not exceed .5 foot candles. (Planning) 2.5. Project on-site lighting shall be of a type and in a location that does not constitute a hazard to vehicular traffic, either on private property or on adjoining streets. To prevent damage from vehicles, standards in parking areas shall be mounted on reinforced concrete pedestals or otherwise protected. Developer shall recess or conceal under-canopy lighting elements so as not to be directly visible from a public street. (Planning) 2.6. That no vending machines, publication racks, telephones, kiosks, donation bins and similar items shall be permitted outside of the buildings. (Planning) 2.7. The easement restricting parking in the 60-foot wide strip on the northern edge of the site shall remain in effect so long as the area is zoned PS-1A. Parking stalls located within the PS-1A zone shall be available for public use from 7:00 p.m. to 6:00 a.m., Monday through Friday, and all day on Saturday and Sunday. (Planning) 2.8. Signs shall be installed and maintained at the entrances to the site and within the easement referenced above indicating that the parking area within the easement is available for public parking from 7:00 p.m. to 6:00 a.m., Monday through Friday, and all day on Saturday and Sunday. (Planning) 3. Mitigation Measures 3.1. Prior to issuance of any grading or building permit associated with implementation of the project, the applicant shall demonstrate compliance with the adopted Mitigation Monitoring and Reporting Program (MMRP), to the satisfaction of the Community Development Department. (Planning) 3.2. A copy of the approved Conditions of Approval including Table 6.A Mitigation Monitoring and Reporting Program from the approved Initial Study/Mitigated Negative Declaration, shall be included in all development plans submitted to the City. (Planning) 4. Architectural 359 4.1. Architectural elevations and site plans shall be reviewed and approved by the Community Development Department prior to the issuance of building permits. (Planning) 4.2. All architectural treatments shall be constructed as illustrated on plans and renderings submitted. The final exterior color scheme shall be submitted to City staff for review and approval prior to actually painting the structure. (Planning) 4.3. 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) 4.4. 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) 4.5. During construction, the developer shall provide an adequate number of trash bins at a location acceptable to City staff. Construction bins must be maintained onsite. Bin rental shall be contracted through the City's disposal services contractor. (Planning) 5. Signage 5.1. A comprehensive sign program for both building and freestanding monument signs shall be submitted for Community Development Department approval prior to the installation of any signs. The developer shall not erect or display on the subject property any signs which have not been approved in writing by the Community Development Department. (Planning) 5.2. The installation and method of sign illumination shall be reviewed and approved by the Planning Division and the Building and Safety Division. The business owner shall take the appropriate measures to ensure that the illumination of the sign shall not create glare for vehicular traffic. All electrical conduits, timer devices, and other electrical equipment shall be buried underground or concealed within the sign. (Planning) (Building and Safety) 6. Landscaping 6.1. To the extent feasible and subject to Planning Director approval, the site shall be landscaped in compliance with the McDonnell Center Specific Plan, including landscape requirements for parking areas and setback areas. (Planning) 6.2. 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 and comply with the provisions of Section IV.D. (Design Concept, Landscape Guidelines) and Section V.H. (Development Regulations, Landscape). (Planning) (Public Works) 6.3. All new or revised landscape areas shall comply with the City's water efficiency ordinance as well as the water efficient requirements of the Cypress Zoning Code and the City's Drought Response Management Plan. All new or revised irrigation shall be provided by a drip or microspray system. (Planning) 6.4. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. (Planning) 6.5. All trees required to be removed to install the sidewalk along Plaza Drive shall be replaced. The tree species shall be consistent with the McDonnell Center Specific Plan Design Concept (Section IV.D), and subject to Planning Director approval. Replacement trees shall be a minimum of 24" box size. (Planning) 360 7. Operational 7.1. All business activity shall occur within the building except for the loading and unloading vehicles which shall occur in the loading docks as indicated on the approved plans. Temporary use permits may be granted for outdoor activity in accordance with Section 19, of the Cypress Zoning Ordinance. (Planning) 7.2. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. (Planning) 7.3. The parking lot shall be used solely for vehicular parking, unless otherwise approved in writing by the Planning Director. (Planning) 8. Property Maintenance 8.1. Continuous Maintenance. The Project property owner shall continually maintain the property so that it is visually attractive and not dangerous to the health, safety and general welfare of both on-site users (e.g. employees) and surrounding properties. The property owner shall ensure that all facets of the development are regularly inspected, maintained and that any defects are timely repaired. Among the elements to be maintained, include but are not limited to: a. All walls, fences, and trash enclosures shall be maintained free of significant surface cracks, dry rot, warping, missing panels or blocks, which threaten the structure's structural integrity. b. 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. c. The property shall be maintained free of the accumulation of trash and debris. Trash and debris associated with the business operation shall be stored solely in designated trash enclosures. d. Exterior building elevations shall be maintained such that buildings are free from broken, missing, or significantly cracked surface finished materials. e. Signage. The developer shall maintain all on-site signs, including posted area signs (e.g. "No Trespassing") in a clean readable condition at all times. The developer shall remove all graffiti and repair vandalism on a regular basis. f. Lighting. The developer shall maintain any lighting so that they operate properly for safety purposes and do not project onto adjoining properties or roadways. g. Parking and on-site circulation. The developer shall maintain all parking and on-site circulation requirements, including surfaces, all markings and traffic/directional signs in an un-faded condition as identified on the approved site plan. (Planning) 8.2. The property owner shall maintain the site, the publicly accessible interior, and publicly viewable exterior of the building(s)clear of all graffiti, including but not limited to bathrooms and dining areas if applicable. All graffiti shall be removed within 48 hours once notified in writing by the City. (Planning) 9. Fees 9.1. As applicable, the applicant shall pay the following fees per the adopted Master Fee resolution, as noted below. (Engineering) • Park and Recreation (Prior to issuance of Building Permit) • Drainage Fee for Master Drainage Plan (Prior to issuance of Building Permit) • City-wide Traffic Improvement (Prior to issuance of Building Permit) • Regional Traffic Improvement (Prior to issuance of Building Permit) • Final Subdivision Map Check (Prior to submittal of Map) • Sanitary Sewer Connection (Prior to issuance of Building Permit) • Grading / On-Site (Non-Structural) Plan Check (Prior to submittal of Grading Plans) • Grading Permit and Inspection (Prior to Permit issuance) 361 • Building Plan Check (Prior to submittal of Plans) • Building Permit and Inspection (Prior to Permit issuance) • Public Improvement Plan Check (Prior to submittal of Plans) • Public Improvement Permit and Inspection (Prior to Permit issuance) Within 48 hours of the approval of this project, the applicant/developer shall deliver to the Community Development Department the required Fish and Wildlife impact fee in the form of a check payable to the County Clerk-Recorder in the amount required by the County, to enable the City to file the Notice of Determination pursuant to Fish and Game Code §711.4 and California Code of Regulations, Title 14, section 753.5. (Planning) 10.Engineering 10.1.That all engineering requirements of the City of Cypress, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and pavement, sewer and drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer, as may be modified by the City Engineer; and, that security in the form of two (2) Offsite Improvement bonds (faithful performance and labor and materials), certificates of deposit, letters of credit, completion guarantees, or cash, each in an amount equal to 100% of the engineer's cost estimate 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) 10.2.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 with the City title block on all sheets. (Engineering) 10.3.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) 10.4.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) 10.5.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 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) The applicant shall make all submittals, including engineering, building, grading, water quality, and inquiries through the department's online plan check and permit application at https://cvpressca.viewpointcloud.com or as determined by the City Engineer. (Engineering) 362 11.Landscaping within the Public Right-of-Way 11.1. Prior to or with the submittal of building plans, 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) 11.2. The applicant shall post a Landscape bond, equal to 100% of the cost estimate, 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) 11.3. Prior to issuance of a temporary or final certificate of occupancy, the applicant shall install all new public right-of-way landscaping and irrigation per the approved street landscaping and irrigation plan. (Engineering, Maintenance) 11.4. 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) 12.Sewer and Wastewater 12.1. The developer shall construct new private sewer laterals with cleanouts at a location approved by the City Engineer. (Engineering) 12.2. 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 to be approved by the City Engineer. (Engineering) 12.3. All sewer lines within the development shall be private sewer lines and shall be maintained and cleaned by the developer, or successor in interest. The City of Cypress shall have no responsibility for maintenance of the private sewer lines. (Engineering) 13.Street Trees 13.1. If trees are planted within the public right of way, they shall be installed in accordance with the approved street landscape plan subject to the approval of the City Engineer. (Engineering) 13.2. The applicant or successor in interest shall trim all trees in the public right-of-way along the property frontage on Plaza Drive annually or as prescribed by the City Engineer and maintain the trees in a healthy and safe condition. (Maintenance) 14.Street Lighting 14.1. The applicant shall bear the full cost of upgrading the existing street lights along the property frontage on Plaza Drive to energy efficient LED fixtures. Street lighting shall be approved by the City Engineer and meet the City of Cypress design standards. 15.Streets 15.1. Prior to the issuance of any certificate of occupancy, including temporary, the applicant shall install new sidewalks and driveway approaches that are compliant with the American Disabilities Act along the property frontage on Plaza Drive. The developer shall comply with the following requirements regarding the improvements: 363 • Within 90 days issuance of any grading or demolition permit, submit plans to Public Works for both the sidewalk and associated landscaping within the ten-foot parkway strip within the public right of way and obtain approval by the City Engineer prior to approval of the Final Map. • Construct all improvements in accordance with Cypress Public Works standards and specifications to satisfaction of the City Engineer. • Prior to construction, obtain and pay for a permit and inspection services. As part of the permit, submit a bond to guarantee its construction acceptable to the City Engineer and maintain a schedule on file with the City Engineer for the work. • Sidewalks shall be a minimum width of five feet, clear of all obstructions (including utilities, street lights, fire hydrants, etc). • Adjust utility vaults and boxes to grade in accordance with the corresponding utility's requirements and standards. • Relocate any utilities as necessary securing the appropriate approvals from the respective utilities. • Plant new trees at 1:1 ratio on private property along the property frontage for any tree removed as part of the sidewalk improvements. Submit the size and types of trees and locations for approval to the Planning Director. • Landscaping within the public right of way parkway strip shall be drought tolerant and water efficient. • Irrigate all landscaping within the public right-of-way from the private property meter and the developer or successor in interest shall pay for all water. • The developer 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. • Grant easements to the City for pedestrian purposes for any sidewalk or driveways, as needed,for compliance with ADA requirements prior to issuance of a permit for construction. 15.2. Remove and replace any damaged street, pavement or other concrete improvements as a result of damage due to this work and appropriately clean the area to the satisfaction of the City Engineer. 15.3. The final map shall show easements for any sidewalk located within private property to the City for pedestrian purposes. (Engineering) 15.4. Prior to issuance of a certificate of occupancy, the applicant shall remove and replace any existing public improvements at the development site which have existing damage, are damaged due to construction, or otherwise below current standards, to the satisfaction of the City Engineer. (Engineering) 16.Subdivisions 16.1. 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) **` ' 17.Traffic 17.1. The access driveway to the development shall be designed in accordance with City standards and approved by the City Engineer. (Engineering) 17.2. 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) 364 17.3. No driveway access from Valley View Street shall be permitted. (Engineering) (Driveways) 17.4. 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) 17.5. Mitigation Measure TRA-1: Prior to the issuance of a building permit, the Applicant shall submit a Signage and Striping Plan consistent with the provisions of the California Manual on Uniform Traffic Control Devices (CA MUTCD), that directs heavy trucks to the most appropriate access points. The City Engineer, or their designee, shall review and approve the Signage and Striping Plan and confirm it has been incorporated into the project plans prior to the issuance of a building permit. The applicant shall construct all improvements shown on the Signage and Striping Plan or as required by the City , prior to the issuance of any Certificate of Occupancy. All costs for the improvements including, but not limited to, design, construction, construction management, permitting and inspection shall be the sole responsibility of the applicant. (Engineering) (Construction of Traffic Improvements) 17.6. Prior to the issuance of any certificate of occupancy, the Applicant shall install a stop control on the southbound approach of all project driveways to implement a cross-street stop-controlled intersection. Driveways will accommodate site access for passenger cars and will accommodate full access (no turn restrictions). Left turn storage into the Project is anticipated to be accommodated by the painted median. (Engineering) (Construction of Traffic Improvements) 17.7. Prior to the issuance of any certificate of occupancy, Plaza Drive shall be restriped to accommodate the anticipated increased truck traffic and reduce conflicts at the driveways. The Signing and Striping plan shall be reviewed and approved by the City Engineer, or their designee, prior to installation. All costs for the improvements including, but not limited to, design, construction, construction management, permitting and inspection shall be the sole responsibility of the applicant. (Engineering) (Construction of Traffic Improvements) 17.8. Prior to the issuance of any building permits, the applicant shall pay to the City $150,000 for traffic signal and intersection improvements at the intersection of Valley View Street and Plaza Drive. The City will design and construct the improvements. 18.Utilities 18.1. Prior to issuance of a certificate of occupancy, the applicant shall install all new and existing utility services underground. (Engineering) 18.2. 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) 19.Drainage 19.1. 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: 365 - 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 rt areas 1.5%, Concrete .2%. - All surface runoff and subsurface drainage directed to the nearest acceptable drainage facility, as determined by the City Engineer. - Drainage facilities discharging onto adjacent property shall be designed to imitate the manner in which runoff is currently produced from the site or alternatively, the applicant may obtain a drainage acceptance and maintenance agreement, suitable for recordation, from the owner of said adjacent property. - All drainage facilities must be consistent with the County of Orange Grading Ordinance as supplemented by the Engineering Division and Local Drainage Manual. 20.Storm Water Quality— National Pollutant Discharge Elimination System a. 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. b. 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: i. Utilize the City's current WQMP template; ii. Utilize the City's online WQMP application system for submittal; iii. 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; iv. Incorporate Routine Source Control BMPs as defined in the DAMP; v. Include post-construction Treatment Control BMP(s) as defined in the DAMP; vi. 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 and Agreement. c. 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 USB flash drive in a single digital file(pdf)format acceptable to the City Engineer. The Final WQMP Submittal and subsequent approval of the Preliminary Water Quality Management Plan does not guarantee approval 366 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. d. 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: i. 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 ii. Demonstrate that the applicant has complied with all non-structural BMPs described in the project's WQMP iii. 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 iv. Agree to provide a compliance deposit to pay for any required inspections and any additional non-compliance inspections as the City deems necessary v. Submit certified record drawings as well as the project engineer's post- construction certification as well as the owner's post construction certification on a template provided by the City vi. 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. vii. Demonstrate that the applicant has RECORDED one of the following: • 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; • A Water Quality Implementation Covenant and Agreement that has the approved WQMP and O&M Plan attached; or • The final approved Water Quality Management Plan (WQMP) and Operations and Maintenance (O&M) Plan. (Engineering, Water Quality) (NPDES/WQMP Compliance Measures) h) 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. 367 i) All exterior metal building surfaces, including roofs, must be coated with rust- inhibitive paint, or approved equal, to prevent corrosion and release of metal contaminants into the storm drain system prior to occupancy. j) 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. Additionally, trash enclosures may be required to be modified to meet the current solid waste requirements. k) Any areas, including but not limited to delivery areas/handling docks and outdoor work areas to be utilized for material storage and handling must be covered, constructed on impermeable pavement, designed to eliminate run-on from other areas, and be graded and constructed to prevent runoff from the area Additionally, the development must be designed and constructed with no drain in this area. If these conditions cannot be met, BMPs such as oil/water separators, sand filters, and/or detention basins must be installed to treat all stormwater runoff before it is discharged to the storm drain system. If other areas drain onto the area, treatment for these areas must be included in the design of BMPs. The design must be submitted to the City Engineer for review and approval before the issuance of grading permit. Loading/truck docks are not OPAVINO required to be covered if no material handling/storage occurs in these areas. I) Food facilities, including industrial kitchens or bakeries, must be designed with contained areas for cleaning mats, equipment and containers. This wash area must be inside or covered and designed to prevent run-on or runoff from the area. The area may not discharge to the storm drain; indoor or covered area wash waters must drain through a grease interceptor to the sanitary sewer or be collected for ultimate disposal to the sanitary sewer or an authorized location (pumped/trucked offsite). Wash areas located outside must be covered and bermed; wash water must be collected and pre-treated through a grease interceptor and not allowed to drain to storm drain. Additionally, there must be a sign posted instructing that all washing activities be conducted in this area. Employees must be instructed, and signs posted indicating that all washing activities be conducted in this area. Additionally, food facilities are required to obtain a FOG permit through the City's online application and permitting system prior to project close-out and or the issuance of a certificate of occupancy. m) 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. • Any proposed work in the public right-of-way will require that the ESCP is submitted to the City for review and approval and shall describe how the applicant will ensure that all BMPs will be maintained during 368 construction. 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. n) 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 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. o) 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. p) 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. q) The owner is responsible for maintaining and operating all on-site private improvements. r) All property areas must be maintained free of litter/debris. s) 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. t) Generator or tank enclosure areas must be paved with impermeable material. No other area may drain onto these areas. The enclosure area must not drain to the storm drain system or the sanitary sewer and all cleanups must be performed using dry cleanup methods. There must be no slope on the interior floor of the enclosure and the area must be bermed to prevent run-on of stormwater. The generator or tank must have adequate secondary containment to contain 110 percent of fuel or liquid in tank in event of a spill. u) 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. v) Landscaping must be properly maintained with efficient irrigation to reduce runoff, promote surface filtration, and minimize the use of fertilizers and pesticides that can contribute to urban runoff pollution. w) 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 369 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. x) Any applicant, occupant 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. y) The WQMP Improvement Bonds must incorporate all post-construction stormwater devices from the approved WQMP and include two (2) bonds (faithful performance and labor and material) with each equal to 100% of the engineer's cost estimate. These costs will be provided in the WQMP for review and inclusion in the WQMP 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. z) 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 a Water Quality permit through the City's online application and permitting system, prior to issuance of a final certificate of occupancy. 21.Building and Safety 21.1. 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) 21.2. 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) 21.3.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) 21.4. 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. • A grading permit may be issued prior to BMP installation/inspection if the applicant, or the contractor performing the work, posts a cash bond (with compliance schedule) in a form and amount approved by the Public Works Director. Cash bonds will be forfeited if any grading work occurs prior to authorization to proceed. Surrendering the cash bond does not permit the applicant to perform any work not previously authorized. (Building & Safety) 21.5. 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) 22 Solid Waste 370 22.1. The applicant shall construct new or modify its existing 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. (Public Works, Water Quality) (Trash Enclosures) 22.2. 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. These shall be properly maintained and not allowed to overflow. Source separated organic recycling is required unless alternatives are approved in writing from the Public Works Director. (Public Works, Water Quality) 22.3. For phased construction, as buildings are occupied, the applicant shall ensure there is adequate room and clearance for solid waste trucks 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) 22.4. 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) 23.Security 23.1. The property address shall be clearly identified on both sides of the freestanding sign base. A minimum of six-inch lettering shall be used for the property address. The property address shall also be posted in a visible location on the building. (Police Department.) 23.2. The address number of every commercial building shall be illuminated during the hours of darkness so that it shall be easily visible from the street. (Police Department) 23.3. All exterior commercial doors, during the hours of darkness, shall be illuminated with a minimum of one footcandle of light. All exterior bulbs shall be protected by weather and vandalism resistant cover(s). (Police Department) 23.4. The landscaping and lighting plans for the project shall also be subject to review by the Cypress Police Department. (Police Department) 23.5. The applicant will provide a Crime Prevention through Environmental Design study for approval by the planning and police departments. (Police Department) 23.6. The business shall install a surveillance camera system, colored monitor, and silent alarm. (Police Department) 24.Fire 24.1. The applicant or responsible party shall submit the plan(s) listed below to the Orange County Fire Authority for review. Approval shall be obtained on each plan prior to the event specified. Specific submittal requirements may vary from these listed below. Prior to issuance of a building permit, if a grading permit is not required: • Fire master plan (service code PR145) Prior to issuance of a building permit: • Architectural (service codes PR200/PR224) • Tanks storing hazardous materials (service codes PR300-PR305) • Underground piping for private hydrants and fire sprinkler systems (service code PR470-PR475) • Fire sprinkler system (service codes PR400-PR465) 24.2 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 approval shall be obtained for a fire master plan. 371 24.3 Irrevocable reciprocal access easements for emergency access purposes to the benefit of the Cypress shall be recorded concurrently with the final map or, where no final map is required, prior to approval of the fire master plan. 24.5 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: 2/27/22 SECTIONS 1. General 2. Planning 3. Mitigation Measures 4. Architectural 5. Signage 6. Landscaping 7. Operational 8. Property Maintenance 9. Fees 10.Engineering 11.Landscaping in the Public Right-of-Way 12.Sewer and Wastewater 13.Street Trees 14.Street Lighting 15.Streets 16.Subdivisions 17.Traffic .- 18.Utilities 19.Drainage 20.Storm Water Quality 21.Building & Safety 22.Solid Waste 23.Security 24.Fire