Resolution No. 6934 404
RESOLUTION NO. 6934
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, APPROVING SITE PLAN REVIEW NO. 2023-01, FOR A 24,452
SQUARE FOOT ADDITION TO AN EXISTING 99,643 SQUARE FOOT BUILDING
LOCATED AT 10900 WALKER STREET IN THE MCDONNELL CENTER SPECIFIC
PLAN 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 Miguel Ibarra of Kamus + Keller ("Applicant") on behalf of LTP Modern Machine ("Developer")
for a 24,452 square foot addition to the existing 99,643 square foot building located at 10900 Walker
Street in the McDonnell Center Specific Plan (the "Project"); and
WHEREAS, the Project requires the following to be approved by the City Council: an
amendment to the McDonnell Center Specific Plan (Specific Plan Amendment No. 2023-01) and a
Site Plan Review (SPR No. 2023-01); 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 June 12, 2023, and finds that the Project is consistent
with the intent of the General Plan; and
WHEREAS, on June 12, 2023, the City Council held a duly noticed public hearing and
considered testimony on the application; and
WHEREAS, Section 15061(b)(3) of the California Environmental Quality Act (CEQA)
Guidelines, exempts projects which can be seen with certainty that there is no possibility of a
significant effect on the environment. The project proposes a 24,452 square foot addition to an
existing 99,643 square-foot building in an established 71-acre business park(the McDonnell Center
Specific Plan). The McDonnell Center Specific Plan permits 1,760,230 square feet of office and
industrial uses of which 1,333,846 is constructed. After the project, there is 401,932 remaining
buildable square feet within the Specific Plan Area. An initial study was prepared to assess the
environmental impact of the Specific Plan and a Mitigated Negative Declaration was adopted with
Specific Plan approval. In addition to meeting all development standards, the project represents
.01% of the total permitted square footage in the Specific Plan, and has a Floor Area Ratio (FAR)
of .47, less than half of the permitted FAR. The project is consistent with the General Plan, located
within the City limits, and in an urbanized area served by public utilities. Further pursuant Section
15332 (In-Fill Development) of the CEQA Guidelines this project can be found exempt since the
project site is 3.5 acres and located in an urbanized area. Therefore this project is exempt in that it
can be seen with certainty that there is no possibility that it may have a significant effect on the
environment; 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.
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The Project is compatible with the intent and purpose of the McDonnell Center Specific Plan.
The project is located in Planning Area 1, which is intended for warehousing, light industrial,
and office uses. The Project will support the expansion of an existing light industrial
business. With approval of the Specific Plan Amendment and the conditions included in
Exhibit "A", the project meets the intent of the Specific Plan and all applicable development
requirements.
2. Development of the Site Plan will not have an adverse impact on the public health, safety,
interest, convenience, or the general welfare.
The Project is a 24,452 square foot addition to an existing 99,643 square foot warehouse
building and will not create substantial changes to the site that would adversely impact public
health, safety, convenience, or the general welfare. Approval of the conditions included in
Exhibit "A", will further ensure that the project will have no adverse impacts.
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 Specific Plan Amendment and 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 Project is consistent with the Specific Plan design
guidelines in that it incorporates a variety of materials and complements the existing
building.
SECTION 2. CEQA The City Council finds that the Project is categorically exempt from
further environmental analysis pursuant to California Environmental Quality Act (CEQA)
Guidelines, Section 15332 (In-Fill Development), because it is an infill project on a site less than
five acres in size located in an urbanized area. 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 Site Plan Review No. 2023-01, 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 12th day of June, 2023.
MAYOR OF THLITY OF CYPRESS
ATTEST: n
Ve �Q
CITY CRK OF THE ITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the
foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the
12th day of June, 2023, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Burke, Peat, Minikus and Hertz-Mallari
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Marquez
c^�
CITY CL RK OF THE ITY OF CYPRESS
406
EXHIBIT "A"
PROJECT TITLE:
SPECIFIC PLAN AMENDMENT NO. 2023-01 AND SITE PLAN REVIEW NO. 2023-01
LTP MODERN MACHINE ADDITION
ADDRESS: 10900 WALKER STREET
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 March 13, 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)
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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)
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. For any new lighting proposed, the 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. 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)
2.5. That no vending machines, publication racks, telephones, kiosks, donation bins
and similar items shall be permitted outside of the building. (Planning)
3. Architectural
3.1. Architectural elevations and site plans shall be reviewed and approved by the
Community Development Department prior to the issuance of building permits.
(Planning)
3.2. All architectural treatments shall be constructed as illustrated on plans and
renderings submitted. The final exterior color scheme shall be submitted to City
staff for review and approval prior to actually painting the structure. (Planning)
3.3. All roof mounted equipment, such as heating and air conditioning units, shall be
adequately screened from public view by a parapet wall of equal or greater height
than the highest piece of roof mounted equipment or vent, subject to the approval
of the Community Development Department. (Planning)
3.4. The transformer boxes and water valves shall be placed in locations acceptable
to the Director of Planning and shall be adequately screened from view with plant
materials. (Planning)
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3.5. 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)
4. Landscaping
4.1. To the extent feasible and subject to Planning Director approval, the site shall be
landscaped in compliance with the McDonnell Center Specific Plan. (Planning)
4.2. For all new and/or disturbed landscaping, 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)
4.3. 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)
4.4. Landscape irrigation pipes and sprinkler heads shall be maintained in good
working order so as to cover all landscaped areas. (Planning)
5. Operational
5.1. 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)
5.2. All product and material storage shall occur within the building. Exterior storage
is specifically prohibited. (Planning)
5.3. The parking lot shall be used solely for vehicular parking, unless otherwise
approved in writing by the Planning Director. (Planning)
6. Property Maintenance
6.1. 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:
.r. 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
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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)
6.2. 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)
7. Fees
7.1. 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)
• 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)
7.2. 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 County administrative fee, to
enable the City to file the Notice of Exemption pursuant to the California
Environmental Quality Act (CEQA) Guidelines. (Planning)
8. Engineering
8.1. 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
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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)
8.2. 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)
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. Landscaping within the Public Right-of-Way
9.1. 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)
10.Sewer and Wastewater
10.1.The developer shall construct new private sewer laterals with cleanouts at a
location approved by the City Engineer. (Engineering)
10.2.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)
11.Street Trees
11.1.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.Street Lighting
12.1. The applicant shall bear the full cost of upgrading the existing street lights along
the property frontage on Walker Street to energy efficient LED fixtures. Street
lighting shall be approved by the City Engineer and meet the City of Cypress
design standards.
13.Streets
13.1. If any pavement removal or excavations are proposed or required, the applicant
shall resurface (2" grind and overlay) the full street width along the property
frontage. All construction of improvements shall be in accordance with Cypress
Public Works standards and specifications to the satisfaction of the City Engineer.
(Engineering)
13.2. Prior to issuance of a certificate of occupancy, the applicant shall remove and
replace any existing pavement, sidewalk, driveway approaches, curb and gutter,
or other public improvements at the project site which have existing damage, are
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damaged due to construction, or otherwise below current standards, to the
satisfaction of the City Engineer. (Engineering)
14.Traffic
14.1. The access driveway to the development shall be designed in accordance with
City standards and approved by the City Engineer. (Engineering)
15.Utilities
15.1. Prior to issuance of a certificate of occupancy, the applicant shall install all new
and existing utility services underground. (Engineering)
15.2. 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)
16.Drainage
16.1. 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.
17.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
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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 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,
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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.
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
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for review and approval before the issuance of grading permit. Loading/truck
docks are not 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
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.
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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 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
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application and permitting system, prior to issuance of a final certificate of
occupancy.
18. Building and Safety
18.1. 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)
18.2. 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)
18.3. 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)
18.4. 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)
18.5. 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)
19.Solid Waste
19.1. 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)
19.2. 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)
19.3. 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)
19.4. 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)
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20.Security
20.1. 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)
20.2. 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)
20.3. The landscaping and lighting plans for the project shall also be subject to review
by the Cypress Police Department. (Police Department)
20.4. The business shall install a surveillance camera system, colored monitor, and
silent alarm. (Police Department)
21.Fire
21.1. 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:
• Underground piping for private hydrants and fire sprinkler systems
(service code PR470-PR475)
• Fire sprinkler system (service codes PR400-PR465)
Prior to concealing interior construction
• Fire alarm system (service code PR500-PR520)
Effective: 6/12/23
1. General
2. Planning
3. Architectural
4. Landscaping
5. Operational
6. Property Maintenance
7. Fees
8. Engineering
9. Landscaping in the Public Right-of-Way
10.Sewer and Wastewater
11.Street Trees
12.Street Lighting
13.Streets
14.Traffic
15.Utilities
16.Drainage
17.Storm Water Quality
18.Building & Safety
19.Solid Waste
20.Security
21.Fire