Resolution No. 6980 88
RESOLUTION NO. 6980
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
APPROVING VESTING TENTATIVE PARCEL MAP NO. 2023-134, TO
RECONFIGURE TWO PARCELS FOR THE OPERATION OF A NEW CHARTER
SCHOOL AND AN EXISTING RELIGIOUS FACILITY LOCATED AT 4321 CERRITOS
AVENUE IN THE RS-6000 RESIDENTIAL SINGLE-FAMILY ZONE, IN THE CITY OF
CYPRESS, CALIFORNIA AND FINDING THE PROJECT EXEMPT FROM CEQA.
WHEREAS, the City Council of the City of Cypress has considered an application
submitted by Holy Cross Lutheran Church and Red Hook Capital Partners IV
("Developer")for the following: 1) a new conditional use permit to operate a TK— 12 public
charter school; 2) amend the existing conditional use permit for Holy Cross Lutheran
Church currently operating at the site; and 3) a tentative parcel map to reconfigure the
two existing parcels for separate ownership (the "Project"). The Church will occupy the
western parcel (APN: 242-031-03) and the new school will occupy the eastern parcel
(APN: 242-041-38). The Project is located at 4321 Cerritos Avenue in the RS-6,000
Residential Single-Family Zone; and
WHEREAS, the Project requires the following to be approved by the City Council:
Conditional Use Permit No. 2024-01, Amendment to Conditional Use Permit No. 86-11,
and Vesting Tentative Parcel Map (VTPM No. 2023-134); and
WHEREAS, Pursuant to California Environmental Quality Act (CEQA) Guidelines,
Section 15332 (In-Fill Development), the project is categorically exempt from further
environmental analysis because it is an infill project on a site less than five acres in size
located in an urbanized area; and
WHEREAS, on June 24, 2024 the City Council held a duly noticed public hearing
and accepted testimony in regards to the Project; and
WHEREAS, said tentative map has been reviewed by the City's Engineer and the
Orange County Fire Department with recommended conditions of approval; and
WHEREAS, the proposed subdivision, together with the provisions for its design
and improvement, is consistent with the City's General Plan; 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 AS FOLLOWS:
SECTION 1. The proposed map does not warrant rejection based upon the criteria
for rejection in the Cypress Subdivision Ordinance, the City's General Plan, the Cypress
Zoning Ordinance, or Sections 66473.5, 66474.6 and 66474 of the Subdivision Map Act
as the proposed tentative map is:
A. The map is consistent with the site's General Plan land use designation of "Low
Density". The proposed school use and existing religious facility are consistent with
the intent of the Low Density designation.
B. The proposed new school buildings associated with the proposed subdivision are
consistent with the General Plan and the Zoning Ordinance.
C. The site is physically suitable for the type of development. The project meets all
the required development standards.
89
D. The site is physically suitable for the density of development. Although the General
Plan and Zoning Ordinance to not include floor area ratio standards for
nonresidential development in the Low Density designation/RS-6000 zone, the
proposed development is consistent with the level of density of residential uses
surrounding the site.
E. The design of the subdivision and the proposed improvements are not likely to
cause substantial environmental damage or substantially and avoidably injure fish
or wildlife or their habitat. The project is exempt from further CEQA review pursuant
to CEQA Guidelines, Section 15332. The project is less than 5 acres in size and
located in an urbanized area. Therefore, it is not likely to cause substantial
environmental damage or impact to fish or wildlife or their habitat.
F. The design of the subdivision will not cause serious public health problems. Sewer
discharge requirements will occur pursuant to Section 66474.6 of the Subdivision
Map Act.
G. The design of the subdivision or the type of improvements will not unreasonably
interfere with the free and complete exercise of a public entity and/or public utility
rights-of-way and/or easements within the tract map. All existing utility easements
will remain intact.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress hereby approves Vesting Tentative Parcel Map No. 2023-134, subject to
the applicable conditions included in Exhibit "B" of the Resolution approving Conditional
Use Permit No. 2024-01. 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 24th day of June, 2024.
�A OR OFTH C� YO(YF l.RE SS
ATTEST:
Via;, A I ,A, OP
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Resolution was duly adopted at a regular meeting of the said City
Council held on the 24th day of June, 2024, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Burke, Mallari, Marquez, Peat and Minikus
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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,4 f, i .,,,)C
CITY CLERK OF THE CITY OF CYPRESS
90
EXHIBIT "B"
TENTATIVE PARCEL MAP NO.2023-134
4321 CERRITOS AVE
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
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. 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 semc. - 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)
1.3. This permit is granted for the tentative map dated 6/2/2023,("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. (Planning)
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. The applicant shall comply with all provisions of the Code of the City of Cypress.
(Planning)
1.6. All requirements of the Orange County Fire Authority(OCFA)shall be complied with prior
to or concurrent with final map recordation. (Planning)
• Community Development Department • Planning Division •
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r' Exhibit"B"
Tentative Parcel Map No.2023-134 Page 2
Orr Conditions of Approval
1.7. Any failure of applicant to abide by these conditions of approval, or to sign and return a
City-provided affidavit accepting these conditions of approval,shall be grounds for placing
the final map approval on hold until compliance is achieved.
1.8. The applicant may request minor modifications of conditions of approval consistent with
the intent of the project approval. The Planning Director, City Engineer, Orange County
Fire Authority, and/or the Police Chief, depending on the requested modification, shall
approve the modification in writing. For numerical standards, the Planning Director may
approve deviations up to 10%provided that city code requirements are met.
2. Planning—N/A
3. Architectural—N/A
4. Signage- N/A
5. Landscaping—N/A
6. Operational—N/A
7. Property Maintenance-NA
8. Fees
8.1. 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 Fish and Game Code §711.4 and California Code of Regulations,
Title 14, section 753.5. If, within such 48 hour period, the applicant/developer has not
delivered to the Community Development Department the check required above, the
approval for the project granted herein shall be void. (Planning)
8.2. The applicant/developer will be subject to, but not limited to, the following fees on the
Cypress Master Fee Schedule (current fees at the time of submittal):
• Building permit and mechanical/electrical/plumbing fees
• Citywide and regional traffic improvements fees
• Sewer fees (OC Sanitation District)
• Grading and public works permit and plan check fees
• Orange County Fire Authority fees, school fees
• Permit application and plan check fees
111 Public Works uses various consultants for plan check,permitting and inspection. Such
work is performed on a time and material basis and initial deposits are collected up
front to cover the work through the OpenGov system and as the project progresses.
(Engineering)
•Community Development Department•Planning Division •
A
92
Exhibit"B"
Tentative Parcel Map No.2023-134 Page 3
Conditions of Approval
9. Engineering
9.1. That all engineering requirements of the City of Cypress, including preparation of
improvement plans and installation of all improvements such as curbs and gutters,
sidewalks, street grading and pavement, sewer and drainage facilities,or other appurtenant
work shall be complied with as required by the City Engineer and in accordance with
specifications on file in the Office of the City Engineer, as may be modified by the City
Engineer; and, that security in the form of a bond, certificate of deposit, letter of credit,
completion guarantee, or cash, in an amount and form satisfactory to the City of Cypress,
shall be posted with the City to guarantee the satisfactory completion of said improvements.
Said security shall be posted with the City prior to the issuance of a building permit or final
map approval, whichever occurs first, to guarantee the installation of the related
improvements prior to final building and zoning inspections in accordance with an approved
construction phasing plan.In the event the developer's contractor and/or subcontractor fails
to diligently prosecute the work within the public right-of-way,the City reserves the right,
in its reasonable discretion,to issue a stop work notice and to provide a substitute contractor
and/or subcontractor to complete said work at the sole cost and expense of developer.
(Engineering)
9.2. 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 3
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 recordation of a subdivision map,the applicant shall submit all public improvement
plans per the Public Works Standard Plans and specified design criteria. All plans shall be
submitted in an acceptable digital format and with the City title block on all sheets.
9.4. Prior to any street construction or relocation,when there are monuments in the project area
which control the location of subdivisions, streets or highways, or provide survey control,
the developer shall locate and reference the monuments and shall reset them after
construction as required by Section 8771 of the Business and Professions Code,in a manner
meeting the approval of the City Engineer. (Engineering)
9.5. The applicant shall 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)
9.6. The applicant shall notify the City Engineer in writing if any changes to parcel/tract map
are proposed during the plan check process.Permits shall not be issued until the City
Engineer has reviewed and approved the proposed changes for conformance with the
intent of the City Council's action and the conditions herein.If the proposed changes are of
a substantial nature,an amendment to the original entitlement may be required.
9.7. For any work that occurs within the City of Los Alamitos,the owner/applicant shall
• Community Development Department•Planning Division•
93
Exhibit"B"
Tentative Parcel Map No.2023-134 Page 4
Conditions of Approval
comply with all rules,regulations,permits,standards,plan approvals,and
requirements of Los Alamitos.
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. Prior to the recordation of the subdivision map, the applicant shall submit a sewer plan
signed and stamped by a registered civil engineer, detailing all the proposed public and/or
private sewer lines meeting the requirements of the City Design Standards for Sewer
Facilities to be approved by the City Engineer.
El 11.3. All sewer lines within the development shall be private sewer lines and shall be maintained
and cleaned by the developer, or successor in interest. The City of Cypress shall have no
responsibility for maintenance of the private sewer lines. (Engineering)
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—N/A
14. Streets
14.1. Prior to the issuance of any certificate of occupancy, including temporary, the applicant
shall install new driveway approaches that are compliant with the American Disabilities
Act along the property frontage on Cerritos Avenue. 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.
Contractor shall also obtain and pay for an encroachment permit from the City of
•Community Development Department•Planning Division•
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Exhibit"B"
Tentative Parcel Map No.2023-134 Page 5
Conditions of Approval
Los Alamitos.
• 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)
14.2. 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.
14.3. 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)
14.4. Prior to issuance of a certificate of occupancy,the applicant shall remove and replace any
existing public improvements at the development site which have existing damage, are
damaged due to construction,or otherwise below current standards,to the satisfaction of the 3
City Engineer. (Engineering)
15. Subdivisions
15.1. This permit is granted subject to the City's approval of a tentative map and final map and
recordation of the final map. The City shall issue building permits only after such
recordation,unless otherwise approved by the Public Works Director and/or pursuant to
the Subdivision Map Act. Before occupying any structures or initiating any use approved
by this permit, the applicant shall comply with all conditions of the tentative and final
map.
15.2. Per Section 25-40 of the Cypress municipal code, a Subdivision Improvement Agreement
will need to be executed for public improvements required as part of this project. Two (2)
bonds (faithful performance and labor& material)each for 100%of the estimated cost of
all improvements shall be posted to the City.
15.3. All proposed and required easements shall be recorded on the final map,which include,but
are not limited to: traffic signal maintenance, pedestrian access, cross lot drainage,
emergency access,and reciprocal access;to the satisfaction of the City Engineer.
15.4. Upon separate ownership of parcels, a a Reciprocal Access and Share Use Agreement
signed by all is required. The agreement shall be approved by the City Attorney
and the Planning Director, recorded against both parcels, and continue to be valid
upon change of ownership of the properties subject to the agreement.
• Community Development Department • Planning Division •
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Exhibit"B"
El Tentative Parcel Map No.2023-134 Page 6
Conditions of Approval
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 Engineer.The applicant shall
make all necessary revisions to the plan to meet the sight distance requirement such as
removing slopes or other encroachments from the limited use area in a manner meeting
the approval of the City Engineer and City Planner. (Engineering) (Sight Distance)
16.4. Prior to the issuance of any grading permit, the applicant shall, if necessary, grant
easements to the City for traffic signal purposes for any traffic signal equipment
necessary for construction of the signalized intersection.
16.5. Prior to the issuance of any certificates of occupancy,the owner and/or project applicant
shall design and construct a traffic signal at the intersection of Calle Lee/Cerritos Avenue
to the satisfaction of the City of Los Alamitos and the City of Cypress City Engineer.
The proposed project driveway shall be incorporated into the traffic signal as the north
leg of the existing intersection. The traffic signal shall provide protected-permissive left-
turn phasing for the eastbound left-turn movement.The owner and/or applicant shall bear
the full cost of permit/plan check fees, design, construction,traffic control, construction
management, and inspection. Permits must be issued by the Cities of Cypress and Los
Alamitos prior to any construction activities. The signal shall be constructed and
operational prior to issuance of the certificate of occupancy for the proposed project.
Pavement and concrete restorations for cuts in the street shall be per City of Los Alamitos
City Engineer. The project applicant shall verify and provide ADA compliance at the
intersection.Utility coordination shall be performed by the applicant for new connections
or relocations.
16.6. Prior to the issuance of any certificates of occupancy,the owner and/or project applicant
shall install new striping at the intersection of Bloomfield Street and Cerritos Avenue.
The applicant shall submit striping plans for dual-left-turn lanes on the westbound
approach of the Bloomfield Street/Cerritos Avenue for approval by the Los Alamitos
City Engineer. The final lane configuration for the westbound approach shall consist of
two left-turn lanes, one through lane, and one shared through-right-turn lane. The owner
and/or applicant shall bear the full cost of permit/plan check fees, design, construction,
•Community Development Department•Planning Division •
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Exhibit"B"
Tentative Parcel Map No.2023-134 Page 7
Conditions of Approval
traffic control, construction management, and inspection. Permits must be issued by the
City of Los Alamitos prior to any construction activities.
16.7. The owner and/or project applicant shall submit signing and striping plans for the
installation of School Zone signage/pavement markings and red-curb painting on
Cerritos Avenue to the satisfaction of the City of Los Alamitos and the City of Cypress
City Engineer. The School Zone signing shall comply with the requirements of the
current edition of the California Manual of Uniform Traffic Control Devices. The owner
and/or applicant shall bear the full cost of permit/plan check fees, design, construction,
traffic control, construction management, and inspection. Permits must be issued by the
City of Los Alamitos and City of Cypress prior to any construction activities.The signing
and striping shall be installed prior to issuance of any certificate of occupancy for the
proposed project.
16.8. The owner and/or project applicant shall submit and keep the current Traffic
Management Plan for the proposed school on file with the City's Planning and Public
Works Department. The owner and/or project applicant shall conduct site operations to
be consistent with the Traffic Management Plan. In the event that on-site queuing spills
back onto Cerritos Avenue, changes to the Traffic Management Plan and/or site
operations shall be reviewed and approved to the satisfaction of the City.
8
17. Utilities
17.1.Prior to issuance of a certificate of occupancy, the applicant shall install all new and
existing utility services underground. (Engineering) (Undergrounding Utilities)
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)
17.3. The owner/applicant shall be responsible for any and all utility relocations necessary for
the project,and pay all fees and acquire all permits necessary for the work.
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.
• Community Development Department•Planning Division•
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97
Exhibit"B"
Tentative Parcel Map No.2023-134 Page 8
Conditions of Approval
- 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
i 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,
1 pollution prevention, site design, and low impact development as well as structural
treatment controls among many factors. Site design for controlling urban runoff must
' first evaluate infiltration, then harvest and water re-use, then evapotranspiration and
only bio-treatment if the other three are not feasible. The WQMP must identify the
routine structural and non-structural measures specified in the current Drainage Area
Management Plan (DAMP) and utilize the Orange County Technical Guidance
Document(OC TGD)as well as the Model WQMP.
Applicable WQMP projects must also:
• Utilize the City's current WQMP template;
• Utilize the City's online WQMP application system for submittal;
• Address site Design BMPs (as applicable) such as minimizing impervious areas,
maximizing permeability, minimizing connected impervious areas, creating
reduced or zero discharge areas, and conserving natural areas;
• Incorporate Routine Source Control BMPs as defined in the DAMP;
• Include post-construction Treatment Control BMP(s)as defined in the DAMP;
•Community Development Department•Planning Division•
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Exhibit"B"
Tentative Parcel Map No.2023-134 Page 9
Conditions of Approval
• 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 Each 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 (s) or Owner(s) 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
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7 Exhibit"B"
Tentative Parcel Map No.2023-134 Page 10
i.. Conditions of Approval
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
1 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 each applicant has prepared to be RECORDED one of the
following:
1. The CC&R's (that must include the approved WQMP, Maintenance
Covenant and Agreement and O&M Plan) for the project's Homeowner's
Association;
2. A Water Quality Implementation Covenant and Agreement that has the
approved WQMP and O&M Plan attached;or
3. The final approved Water Quality Management Plan (WQMP) and
Operations and Maintenance (O&M) Plan. (Engineering, Water Quality)
(NPDES/WQMP Compliance Measures)
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.
• Community Development Department•Planning Division•
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Exhibit"B"
Tentative Parcel Map No.2023-134 Page 11
Conditions of Approval
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. Additionally, trash enclosures may be required to be modified to
meet the current solid waste requirements.
19.8 If a kitchen and or cafeteria is provided, any food facility 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
3
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.
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.
•Community Development Department•Planning Division •
a.
101
Exhibit"B"
Tentative Parcel Map No.2023-134 Page 12
lrr Conditions of Approval
19.11 For projects that disturb one(1)acre or more of soil or are part of a larger common plan
of development, prior to the issuance of any grading or building permits, the applicant
must demonstrate compliance with California's General Permit for Storm Water_
Discharges Associated with Construction Activity(Permit No. CAS000002/Order WQ
2022-0057-DWQ) 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.
19.12 If a change of any site ownership takes place for the entire development or portions of
the common plan of development where construction activities are still on-going, the
development must provide the City with Proof of a Change of Information form (COI)
in accordance with the current State Construction General Permit(CGP).
19.13 Prior to issuance of any certificate of occupancy,the applicant(s)must clean all on site
storm drain systems, catch basins, filters, storm drain lines, inlet boxes, post-
construction BMPs,etc.Additionally,upon direction of the City Engineer,the applicant
must clean any public storm drain systems, catch basins, filters, lines, inlet boxes that
the City Engineer has determined have been impacted by the applicant's construction.
If clean-up is not performed, the City may make arrangements to clean the system at
developer's expense.
19.14 Each owner is responsible for maintaining and operating all on-site private
improvements.
19.15 All property areas must be maintained free of litter/debris.
19.16 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.
19.17 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.
19.18 Landscaping must be properly maintained with efficient irrigation to reduce runoff,
,.,, promote surface filtration, and minimize the use of fertilizers and pesticides that can
ii contribute to urban runoff pollution.
19.19 No person or person(s) shall make any modifications to drainage approved in the
grading plan or approved WQMP without prior written approval from the City Engineer.
• Community Development Department•Planning Division•
102
Exhibit`B"
Tentative Parcel Map No.2023-134 Page 13
Conditions of Approval
19.20 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.
19.21 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.
19.22 The applicant(s) and site owner(s) 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.
19.23 The applicant shall submit the WQMP and Drainage Report to the City of Los
Alamitos for review to verify impacts to City of Los Alamitos storm drain.
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.Applicant/developer shall obtain the required permits and comply with applicable
provisions of the 2023 California Residential, Building, Plumbing, Electrical, and
Mechanical Codes, the 2023 California Green Building Standards Code, Title 24, and the
City of Cypress Codes. (Building&Safety)
20.4. Grading, demolition, and exterior building construction activities shall be limited to the
hours of between 7:00 a.m. and 8:00 p.m. Monday through Friday, between 9:00 a.m. and
8:00 p.m. on Saturday, if the City's noise standards are exceeded. Interior building
construction and tenant improvements shall be limited to the hours between 7:00 a.m. and
8:00 p.m. Monday through Saturday, only if the City's noise standards are exceeded. If
complaints are received regarding noise from grading or demolition,further restrictions may
be imposed on the start time of construction by the Director of Community Development,
•Community Development Department•Planning Division•
441011
103
Exhibit"B"
Tentative Parcel Map No.2023-134 Page 14
Conditions of Approval
up to a 9:00 a.m.start time. No construction activity shall be allowed on Sundays or federal
holidays. In addition, construction equipment shall be equipped with effective muffling
devices. Compliance with this measure is subject to field inspection by City staff. (Building
&Safety)
20.5.Type 5 cement shall be used for all foundations and slabs on grade. (Building&Safety)
20.6.All slabs on grade(including M-1 occupancies)shall receive a minimum of a 10 mil.thick
moisture barrier. (Building& Safety)
20.7.Construction bins for non-recyclable and recyclable materials generated from any
construction site(residential and non-residential)must be placed"on site"out of the public
right-of-way unless a permit is obtained. (Building&Safety)
20.8.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)
20.9.Delivery, loading and unloading of construction materials shall occur on site and not
Cwithin the Public Right of Way unless a permit is obtained from the City Engineer.
(Building and Safety)
21. Security
21.1.The property address shall be clearly identified on both sides of the freestanding sign
base. A minimum of six inch lettering shall be used for the property address. The
property address shall also be posted in a visible location on the building. (Police
Department.)
21.2.Lighting for commercial buildings shall be as follows: (Police Department)
• 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.
• 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).
• Open parking lots, and access thereto,providing more than ten parking spaces and
for use by the general public, shall be provided with a maintained minimum of
one footcandle of light on the parking surface from dusk until the termination of
business every operating day.
21.3.The landscaping and lighting plans for the project shall also be subject to review by the
Cypress Police Department. (Police Department)
22. Antennas—N/A
23. Alcohol—On Sale—N/A
• Community Development Department• Planning Division •
104
Exhibit"B"
Tentative Parcel Map No.2023-134 Page 15
Conditions of Approval
24. Alcohol—Off Sale—N/A
25. Fire
25.1 Irrevocable reciprocal access easements for emergency access purposes to the benefit of the
City of Cypress shall be recorded concurrently with the fmal map or,where no fmal map is
required,prior to approval of the fire master plan. (OCFA)(Emergency Access Easements)
26. Solid Waste
26.1. 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)
26.2. 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) (Trash Receptacles)
26.3. 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)
26.4. 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)
• Community Development Department• Planning Division•