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Resolution No. 6926 379 RESOLUTION NO. 6926 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2023-03, FOR THE DEVELOPMENT OF AN EIGHT-UNIT APARTMENT BUILDING, INCLUDING TWO AFFORDABLE UNITS, RESTRICTED TO VERY LOW INCOME HOUSEHOLDS, ON A 10,000 SQUARE FOOT SITE LOCATED AT 8561 BELMONT STREET WITHIN THE RM-20 (RESIDENTIAL MULTIPLE FAMILY) ZONE AND FINDING THE PROJECT EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIREMENTS WHEREAS, the City Council of the City of Cypress has considered an application submitted by 8561 Belmont, LLC ("Developer") for the development of an eight-unit apartment building, including two affordable units, restricted to very low income households, on a 10,000 square foot site located at 8561 Belmont Street within the RM- 20 (Residential Multiple Family) zone (the "Project"); and WHEREAS, the subject site is zoned RM-20 (Residential Multiple Family). Section 2.05.030 of the Cypress Zoning Ordinance states that multi-family developments with three or more units in the RM-20 zone are permitted subject to the approval of a Conditional Use Permit; and WHEREAS, Section 12 of the Cypress Zoning Ordinance includes provisions for density bonus applications as required by California Government Code Sections 65915- 65918 ("State Density Bonus Law"); and WHEREAS, the Developer has requested a 50 percent density bonus, three concessions, and two waivers in exchange for providing two units affordable to very low income households pursuant to Cypress Zoning Ordinance Section 12 and State Density Bonus Law, as laid out in the City Council staff report dated April 10, 2023 and April 24, 2023; 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 April 24, 2023, and finds that the Project is consistent with the intent of the General Plan; and WHEREAS, on April 10, 2023 and April 24, 2023, the City Council held a duly noticed public hearing and considered testimony on the application; and WHEREAS, the Project is categorically exempt pursuant to California Environmental Quality Act Guidelines, Section 15332 - In-fill Development. Section 15332 exempts in-fill projects in urbanized areas on sites less than five acres; 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: 380 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 is consistent with the intent of the general plan to allow for infill multi- family residential development and to provide for a variety of housing options for Cypress residents. Cypress Zoning Ordinance Section 2.05.030 allows for residential development of three or more units with conditional use permit approval. Further, the project complies with all the requirements of State Density Bonus Law (Government Code Sections 65915-65918). 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 surrounded by other multi-family residential uses and to the extent possible has been designed to avoid negatively impacting adjacent uses by including appropriate setbacks, landscaping, and other features. Although the project includes a concession to allow a reduced north side yard setback, the building design minimizes the impact of this setback by primarily locating hallways and stairways on the north side rather than livable space. The conditions included in Exhibit "A" will further 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. The applicant has requested three concessions and two waivers pursuant to State Density Bonus Law, which provide relief from the following requirements: 1) maximum height; 2) minimum side yard setback; 3) minimum landscaped area; 4) minimum open space; and, 5) that parking be within an enclosed garage. Without the allowance of these concessions and waiver, the project would not be able to accommodate the density entitled by State Density Bonus Law in exchange for designating two units as affordable to very-low income households. Other than the standards listed above, the project complies with applicable provisions of the zoning ordinance. SECTION 2. CEQA The City Council finds that the proposed project is categorically exempt pursuant to California Environmental Quality Act (CEQA) Guidelines, Section 15332 — In-fill Development. The Project is an infill project in an urbanized area on a site less than five acres. The Project is consistent with the applicable general plan land use and zoning designations, will not have an adverse impact on any natural habitats, and will not result in significant effects relating to traffic, noise, air quality, or water quality. Therefore, the City Council has determined that there is no substantial evidence that the project may have a significant effect on the environment. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress hereby approves Conditional Use Permit No. 2023-03, subject to the applicable conditions included in Exhibit "A". The decision of the City Council is final and conclusive as to all things involved. 381 PASSED, APPROVED and ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 24th day of April, 2023. 1 rn MAYOR OF THEY OF CYPRESS ATTEST: CITY CLERK OF TH 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 24th day of April, 2023, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Burke, Peat, Minikus and Hertz-Mallari NOES: 1 COUNCIL MEMBERS: Marquez ABSENT: 0 COUNCIL MEMBERS: None CITY LERK OF T E CITY OF CYPRESS 382 EXHIBIT "A" PROJECT TITLE: CUP NO. 2023-03 ADDRESS: 8561 BELMONT 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 3, 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. 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 a certificate of occupancy being issued. (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 consistent with the intent of the project approval. The modification must be approved in writing by the Planning Director (Conditions of Approval Sections 1-7), City Engineer (Conditions of Approval Sections 9-21), and the Orange County Fire Authority (Conditions of Approval Section 23). For numerical standards, the Planning Director may approve deviations up to 10% provided that city code requirements are met. 2. Planning 383 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. Parking spaces shall remain available for resident parking at all times. On-site guest parking shall be prohibited. The developer shall erect a sign at the project entrance prohibiting guest parking on-site. (Planning) 2.6. Areas subject to vehicle loading, including internal streets, driveways, etc., shall consist of Portland Cement Concrete (PCC) unless an alternative material is approved in the project WQMP for infiltration purposes. (Planning) 2.7. A copy of the approved Conditions of Approval shall be included in all development plans submitted to the City. (Planning) 2.8. 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 area and exterior structure light fixtures shall be high cut- off type that divert lighting downward onto the property and shall not cast light on any adjacent property or roadway or cause glare that affects motorists. Illumination levels at the property lines shall not exceed .5 foot candles. (Planning) 2.9. The developer shall construct new masonry block walls along the west (rear) and south (side) property lines, except within the front setback. The new wall shall have a height of six feet as measured from the higher grade. The design of the wall shall be consistent with the design of the rest of the development and shall include precast caps. The developer shall submit wall plans for review and approval by the Planning Director or designee. (Planning) 2.10. The project shall include two units restricted to rents affordable to very-low income households in exchange for a 50 percent density bonus, three concessions, and two waivers, pursuant to Government Code Sections 65915-65918 and as outlined in the staff report dated April 10, 2023. (Planning) 2.11. The developer shall enter into an affordable housing agreement with the City pursuant to Section 3.12.090 of the Cypress Zoning Ordinance.The agreement shall be recorded against the property prior to the issuance of building permits unless otherwise approved by the Planning Director. (Planning) 2.12. The developer shall provide a deposit to cover the costs of City review of the affordable housing agreement. Developer shall be charged against the deposit on a time and materials basis. In the event that the cost of review exceeds the deposit amount, developer shall pay an additional fee to cover the remaining cost. Any remaining deposited funds shall be refunded to the developer after the affordable housing agreement has been approved. 2.13. The project shall comply with all development standards for affordable units pursuant to Cypress Zoning Ordinance Section 3.12.080, including that affordable units are comparable in size and quality to market rate units. (Planning) 384 2.14. The developer shall comply with all requirements of Senate Bill 330, including tenant notification requirements and tenant entitlement to relocation benefits and right of first refusal for a comparable unit in the new development. 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. Developer shall incorporate roof and building drainpipes and downspouts in an architecturally compatible manner including location and color to the satisfaction of the Director of Planning. (Planning) 4. Signage 4.1. Developer shall not erect or display on the subject property any signs which have not been reviewed and approved by 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) 5.2. All landscape areas shall comply with the City's water efficiency ordinance as well as the water efficient requirements of the Cypress Zoning Code and the City's Drought Response Management Plan. All irrigation shall be provided by a drip or microspray system. (Planning) 5.3. Unless otherwise specified, all required trees shall be a minimum 15-gallon in size and of a variety approved by the Director of Planning. (Planning) 5.4. 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) 6. Operational 6.1. Parking of recreational vehicles over 20 feet long in the project is prohibited. This restriction shall be included in the lease agreements for the project (Planning). 6.2. The exterior storage of property owner or tenant property within parking areas or anywhere else on site is prohibited. This restriction shall be included in the lease agreements for the project. (Planning) 385 7. Property Maintenance, 7.1. All walls and fences shall be maintained free of significant surface cracks, dry rot, warping, missing panels or blocks, which threaten the structure's structural integrity. (Planning) 7.2. Parking lot surfaces and pedestrian walkways shall be maintained 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. As applicable, the applicant shall pay the following fees, as noted below. (Engineering) • Park and Recreation (Prior to issuance of Building Permit) • Drainage Fee for Master Drainage Plan (Prior to issuance of Building Permit) • City-wide Traffic Improvement (Prior to issuance of Building Permit) • Regional Traffic Improvement (Prior to issuance of Building Permit) • Final Subdivision Map Check (Prior to submittal of Map) • Sanitary Sewer Connection (Prior to issuance of Building Permit) • Grading / On-Site (Non-Structural) Plan Check (Prior to submittal of Grading Plans) • Grading Permit and Inspection (Prior to Permit issuance) • Building Plan Check (Prior to submittal of Plans) • Building Permit and Inspection (Prior to Permit issuance) • Public Improvement Plan Check (Prior to submittal of Plans) • Public Improvement Permit and Inspection (Prior to Permit issuance) 8.2. Within 48 hours of the approval of this project, the applicant/developer shall deliver to the Community Development Department a check payable to the County Clerk- Recorder in the amount of $50.00 for the County administrative fee, to enable the City to file the Notice of Exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines. (Planning) 9. Engineering 9.1. That all engineering requirements of the City of Cypress, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and pavement, sewer and drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer, as may be modified by the City Engineer; and, that security in the form of a bond, certificate of deposit, letter of credit, completion guarantee, or cash, in an amount and form satisfactory to the City of Cypress, shall be posted with the City to guarantee the satisfactory completion of said improvements. Said security shall be posted with the City prior to the issuance of a building permit or final map approval,whichever occurs first, to guarantee the installation of the related improvements prior to final building and zoning inspections in accordance with an approved construction phasing plan. 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 386 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. The applicant shall not grant any easements over any property subject to a requirement of dedication or irrevocable offer to the City of Cypress, unless such easements are expressly made subordinate to the easements to be offered for dedication to the City. Prior to granting any of said easements, the subdivider shall furnish a copy of the proposed easement to the City Engineer for review and approval. (Engineering) (Easement Subordination) 9.3. Prior to any street construction or relocation, when there are monuments in the project area which control the location of subdivisions, streets or highways, or provide survey control, the developer shall locate and reference the monuments and shall reset them after construction as required by Section 8771 of the Business and Professions Code, in a manner meeting the approval of the City Engineer. (Engineering) 9.4. 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://cypressca.viewpointcloud.com or as determined by the City Engineer. (Engineering) 9.5. The applicant will be subject to, but not limited to, the following fees on the attached Cypress Master Fee Schedule (effective 7/1/22): • building permit and mechanical/electrical/plumbing fees • citywide and regional traffic improvements fees • grading and public works permit and plan check fees • Park Development Fee (Engineering) 10.Landscaping within the Public Right-of-Way 10.1. 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 construct new private sewer laterals with cleanouts at a location approved by the City Engineer. (Engineering) 11.2. All sewer lines within the development shall be private sewer lines and shall be maintained and cleaned by the developer, or successor in interest. The City of Cypress shall have no responsibility for maintenance of the private sewer lines. (Engineering) 12.Street Trees 12.1. 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) 12.2. The applicant or successor in interest shall trim all trees in the public right-of-way by following the City's tree trimming policy annually or as prescribed by the City Engineer and maintain the trees in a healthy and safe condition. (Maintenance) 13.Street Lighting 13.1. N/A 14.Streets 387 14.1. Prior to the issuance of any certificate of occupancy, including temporary, the applicant shall resurface Belmont Street (2" grind and overlay asphalt concrete pavement) along the property frontage. Construct all improvements in accordance with Cypress Public Works standards and specifications to satisfaction of the City Engineer. 14.2. Prior to the issuance of any certificate of occupancy, including temporary, the applicant shall install a new driveway approach that is compliant with the American Disabilities Act along the property frontage on Belmont Street. The developer shall comply with the following requirements regarding the improvements: • 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, maintain a schedule on file with the City Engineer for the work. • 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. • If necessary, grant easements to the City for pedestrian purposes for any sidewalk or driveways for compliance with ADA requirements prior to issuance of a permit for construction. (Engineering) 14.3. Remove and replace any damaged street, pavement, sidewalk, curb and gutter, or any other public improvements as a result of work associated with this project and appropriately clean the area to the satisfaction of the City Engineer. 14.4. 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) 14.5. 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) 15.Subdivisions 15.1. N/A 16.Traffic 16.1. 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) 16.2. 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) 16.3. 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) 388 17.Utilities 17.1. Prior to issuance of a certificate of occupancy, the applicant shall install all new and existing utility services underground. (Engineering) 17.2. 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) 18.Drainage 18.1. Prior to issuance of grading permits or recordation of the subdivision map,whichever comes first, at the direction of the City Engineer, the applicant shall submit a grading plan for approval 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 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. 19.Storm Water Quality— National Pollutant Discharge Elimination System 19.1 Development must be undertaken in accordance with conditions and requirements of the Santa Ana Region National Pollutant Discharge Elimination System (NPDES) Permit Order No. R8-2009-0030 as amended by Order No. R8-2010-0062. 19.2 Prior to the issuance of any grading or building permits,the applicant shall submit for review and approval by the City Engineer, a Final Water Quality Management Plan (WQMP). The WQMP must include best management practices for source control, pollution prevention, site design, and low impact development as well as structural treatment controls among many factors. Site design for controlling urban runoff must first evaluate infiltration, then harvest and water re-use, then evapotranspiration and only bio-treatment if the other three are not feasible. The WQMP must identify the routine structural and non-structural measures specified in the current Drainage Area Management Plan (DAMP) and utilize the Orange County Technical Guidance Document (OC TGD) as well as the Model WQMP. Applicable WQMP projects must also: • Utilize the City's current WQMP template; • Utilize the City's online WQMP application system for submittal; • Address site Design BMPs (as applicable) such as minimizing impervious areas, maximizing permeability, minimizing connected impervious areas, creating reduced or zero discharge areas, and conserving natural areas; • Incorporate Routine Source Control BMPs as defined in the DAMP; 389 • Include post-construction Treatment Control BMP(s) as defined in the DAMP; • Include and Operations and Maintenance (O&M) Plan that (1) describes the long- term operation and maintenance requirements for pos-construction Treatment Control BMP(s); (2) identifies the entity that will be responsible for long-term operation and maintenance of the referenced Treatment Control BMP(s); (3)describes the mechanism for funding the long-term operation and maintenance of the references Treatment Control BMP(s); (4) includes the Water Quality Implementation Covenant and Agreement. 19.3 Prior to issuance of and grading or building permits, the applicant must submit a certified copy of the approved Final Water Quality Management Plan (WQMP) along with the final approved Grading Plan and all other supporting documentation on a 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 of the Final Water Quality Management Plan. Should the final calculations and submittals not meet the required thresholds necessary to meet the obligations of the City under the NPDES Permit for development and its incorporated documents such as the DAMP and OC TGD. alterations to the site and the site plan may be required as prescribed by the City Engineer to the WQMP. Any significant alteration to the site plan due to the Final WQMP may require approval of the Council for the revision. Additionally, the WQMP must identify a responsible party and implement funding sources for maintaining post construction BMPs as required as part of the development and must ensure that appropriate easements and ownerships are properly recorded in public records and access is made available for inspection of said devices. 19.4 The owner is responsible for providing a Water Quality Implementation Covenant and Agreement and an Operations and Maintenance plan that outlines the funding and maintenance of water quality BMPs, consent to inspect, and indemnification on the forms provided by the City for all post-construction stormwater mitigation and treatment devices, as required by the Santa Ana Regional National Pollutant Discharge Elimination System (NPDES) Permit Order No. R8-2009-0030 as amended by Order No. R8-2010- 0062. The agreement will be subject to the review and approval of the City Engineer and City Attorney. Before final acceptance of project improvements, the owner or his/her designated representative must certify that the treatment device was constructed and installed in accordance with the approved plans. Prior to the issuance of a certificate of occupancy, the applicant must demonstrate compliance with the City's NPDES Implementation Program in a manner meeting the satisfaction of the City Engineer and Water Quality Manager, including: • Demonstrate that all structural Best Management Practices (BMPs) described in the BMP Exhibit from the project's approved WQMP and Maintenance Covenant and Agreement have been implemented, constructed and installed in conformance with approved plans and specifications • Demonstrate that the applicant has complied with all non-structural BMPs described in the project's WQMP • Demonstrate that copies of the project's approved WQMP and Covenant and Agreement (with attached O&M Plan) are available for each of the initial occupants • Agree to provide pay a compliance deposit to pay for any required inspections and any additional non-compliance inspections as the City deems necessary • 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 • 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: 390 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) 19.5 All onsite storm drain inlets, whether newly constructed or existing, must be labeled "No Dumping Drains to Ocean" before occupancy in accordance with city requirements. 19.6 All exterior metal building surfaces, including roofs, must be coated with rust- inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system prior to occupancy. 19.7 Trash enclosures and/or recycling area(s) must include a structure to cover the enclosure with a solid roof design below to direct stormwater away from entering the enclosure. All litter/waste material must be kept in leak-proof containers. Area(s) must be paved with impermeable material. No other area may drain onto these areas. The trash enclosure and/or recycling area(s) may not drain to the storm drain system and all cleanups must be performed using dry cleanup methods. 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. 19.8 Pet waste collection systems or dispensers, which hold bags for pet owners to use to pick up waste, must be installed in close proximity to trash receptacles in all common use areas. Regular refuse collection and resupply of pickup bags must be conducted by property owner or homeowner's or business owner's association. 19.9 Decorative fountains and ponds must be designed with no connection to the storm drain system. The discharge of non-stormwater from fountains and ponds must not be allowed to drain to the storm drain system. 19.10 Prior to the issuance of any grading or building permit, the applicant must submit an Erosion and Sediment Control Plan (ESCP) in a manner meeting approval of the City Engineer and the Building Official and in accordance with requirements of the Santa Ana Regional National Pollutant Discharge Elimination System (NPDES) Permit Order No. R8-2009-0030 as amended by Order No. R8-2010- 0062. The ESCP must be developed and implemented to demonstrate compliance with the City's NPDES Implementation Program and State water quality regulations for grading and construction activities. The ESCP must identify how all construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. must be properly covered, stored, and secured to prevent transport into local drainage ways or coastal waters by wind, rain, tracking, tidal erosion or dispersion. The ESCP must also describe how the applicant will ensure that all BMPs will be maintained during construction of any future public right-of-ways. The ESCP must be updated as needed to address the changing circumstances of the project site. A copy of the current ESCP must be kept at the project site and be available for City review on request. 19.11 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 391 clean-up is not performed, the City may make arrangements to clean the system at developer's expense. 19.12 The owner is responsible for maintaining and operating all on-site private improvements. 19.13 All property areas must be maintained free of litter/debris. 19.14 All onsite storm drains must be cleaned at least twice a year; once immediately before October 1st (the beginning of the rainy season), and once in January. Additional cleaning may be required by the City Engineer. 19.15 There must be no pressure washing of parking or loading areas, material and waste storage areas, or building site, unless the City approves a collection system to keep water from entering the storm drain. 19.16 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. 19.17 Waters from salt-chemistry pools or spas, filter waste and acid-wash or other cleaning wastewater are prohibited and illegal to discharge to the storm drain system. Water from swimming pools may be discharged to the storm drain system as long as the discharge meets the City's Municipal Stormwater Permit requirements. There must not be any swimming pool drains directly connected to the storm drain system. 19.18 Any CUP applicant or its successor shall be responsible for the cost of any water quality inspections by the City that are mandated by the State of California or by the U.S. Environmental Protections Agency (USEPA) presently or in the future. 19.19 The Improvement Bond must incorporate all post-construction stormwater devices from the approved WQMP. These costs will be provided in the WQMP for review and inclusion in the Improvement Bond and shall cover device defects as well as malfunctions and possible replacement in the event the device is damaged or not operating per the manufacturer's specification or intended design. 19.20 The applicant will be subject to all requirements of Section 13-29 of the Cypress Municipal Code regarding stormwater pollution prevention including, but not limited to, an Operations and Maintenance Verification Certification — WQMP Post Construction through the City's online application and permitting system, prior to issuance of a final certificate of occupancy. 20.Building and Safety 20.1. Applicant/developer shall provide a single point of contact for all phases of the permitting process and the construction process. The point of contact may be different for permitting and construction. The applicant/developer will provide a 24-hour contact number. This person will be responsible for all communications with Building and safety including but not limited to application, plan submittal, permit issuance, inspection requests and any other requests or inquiries. (Building and Safety) 20.2. 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) 20.3. Construction bins for non-recyclable and recyclable materials generated from any construction site (residential and non-residential) must be placed "on site" out of the 392 public right-of-way unless permit is obtained from the City Engineer. (Building & Safety) 20.4. A pre-grading SWPPP's inspection is required prior to grading permit issuance. All required grading stormwater BMPs shall be installed and inspected by the Building Division prior to release of the grading permit. (Building & Safety) 20.5. Delivery, loading and unloading of construction materials shall occur on site and not within the Public Right of Way unless a permit is obtained from the City Engineer. (Building and Safety) 21.Solid Waste 21.1. The applicant shall 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) 21.2. 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) 21.3. 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) 21.4. 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) 22. Security 22.1. N/A 23. Fire 23.1. Plan Submittal: 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. Prior to OCFA clearance of a final map or issuance of a precise grading permit or a building permit, if a grading permit is not required: • fire master plan (service code PR145) Prior to issuance of a building permit: • architectural (service codes PR264-PR272, full review) • alternative methods and materials (AM&M) request (service code PR910), if any portion of the structure will be occupied prior to completion of the entire structure. Phased occupancy AM&M requests shall accompany the architectural submittal. • underground piping for private hydrants and fire sprinkler systems (service code PR470-PR475) • fire sprinkler system (service codes PR400-PR465) Prior to concealing interior construction: • sprinkler monitoring system (service code PR500) 393 Specific submittal requirements may vary from those listed above depending on actual project conditions identified or present during design development, review, construction, inspection, or occupancy. Portions of the project that are deferred shall be subject to the codes, standards, and other applicable requirements in force on the date that the deferred plan is submitted to OCFA. Standard notes, guidelines, informational bulletins, submittal instructions, and other information related to plans reviewed by the OCFA may be found by visiting ocfa.org and clicking on "Business-*Planning & Development Services" in the menu bar at the top of the screen. 23.2. Temporary/Final Occupancy Inspections: Prior to issuance of temporary or final certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the project and commensurate with the type of occupancy (temporary or final) requested. Inspections shall be scheduled at least five days in advance by calling OCFA Inspection Scheduling at 714-573-6150. 23.3. Phased Occupancy: Phased occupancy of this structure shall be permitted only with prior approval from OCFA and the Building Official. Requests for phased occupancy shall be submitted for evaluation by OCFA as an alternate materials and methods proposal (PR910) accompanying the architectural submittal. Such requests shall be made prior to start of construction only. 23.4. Lumber-drop Inspection: After installation of required fire access roadways and hydrants, the applicant shall receive clearance from the OCFA prior to bringing combustible building materials on-site. Call OCFA Inspection Scheduling at 714- 573-6150 with the Service Request number of the approved fire master plan at least five days in advance to schedule the lumber drop inspection. Effective: (Date of CC Mtg.) SECTIONS 1. General 2. Planning 3. Architectural 4. Signage 5. Landscaping 6. Operational 7. Property Maintenance 8. Fees 9. Engineering 10. Landscaping in the Public Right-of-Way 11. Sewer and Wastewater 12. Street Trees 13. Street Lighting 14. Streets 15. Subdivisions 16. Traffic 17. Utilities 18. Drainage .. 19. Storm Water Quality 20. Building & Safety 21. Solid Waste 22. Security 23. Fire