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HomeMy WebLinkAboutResolution No. 7030 401 RESOLUTION NO. 7030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 19358, FOR A 20-UNIT TOWNHOUSE DEVELOPMENT, INCLUDING TWO AFFORDABLE UNITS, RESTRICTED TO MODERATE INCOME HOUSEHOLDS, ON A 0.59-ACRE SITE LOCATED AT 5302 LINCOLN AVENUE WITHIN THE LINCOLN AVENUE 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 AA 5302 Lincoln LLC ("Developer") for a 20-unit townhouse development, including two affordable units, restricted to moderate income households, on a 0.59-acre site located at 5302 Lincoln Avenue within the Lincoln Avenue Specific Plan (the "Project"); and WHEREAS, the Project requires a Tentative Tract Map (VTTM No. 19358) to be approved by the City Council; and WHEREAS, on July 14, 2025 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, Section 12 of the Cypress Zoning Ordinance includes provisions for density bonus applications as required by California Government Code Sections 65915- 65918 ("State Density Bonus Law"); and WHEREAS, the Developer has requested one concession and one waiver in exchange for providing two units affordable to moderate-income households pursuant to Cypress Zoning Ordinance Section 12 and State Density Bonus Law, as laid out in the City Council staff report dated July 14, 2025; 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 Project is categorically exempt pursuant to California Environmental Quality Act Guidelines, Section 15332 - In-fill Development. Section 15332 exempts in-fill projects in urbanized areas on sites less than five acres; and WHEREAS, the City Council finds that the applicant agrees with the necessity of and accepts all elements, requirements, and conditions of this resolution as being a reasonable manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general and the persons who work, visit or live in this development in particular. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DOES HEREBY RESOLVE 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: A. The map is consistent with the site's General Plan land use designation of PC (Specific Plan — Lincoln Avenue). B. The 20 dwelling-unit improvement of the proposed subdivision is consistent with the General Plan. C. The site is physically suitable for the type of development. The Project meets all the required development standards, except for rear setback and interior garage 402 dimension. The project has requested a waiver for a reduction in rear setback and a concession for a reduction in interior garage dimension in exchange for providing two affordable units, pursuant to State Density Bonus law. D. The site is physically suitable for the density of development. The General Plan land use designation for the site is PC (Specific Plan — Lincoln Avenue). This land use designation allows a maximum of 30 dwelling units per acre. The Project is entitled to a density bonus for a density of 34.6 dwelling units per acre in exchange for providing two affordable units, pursuant to State Density Bonus law. 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 categorically exempt pursuant to California Environmental Quality Act Guidelines, Section 15332 - In-fill Development. Section 15332 exempts in-fill projects in urbanized areas on sites less than five acres. 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 and there is no foreseeable interference as the main right-of-way (Lincoln Ave.) remains intact. SECTION 2. CEQA. The City Council finds that the proposed project is categorically exempt pursuant to California Environmental Quality Act (CEQA) Guidelines, Section 15332 — In-fill Development. The Project is an infill project in an urbanized area on a site less than five acres. The Project is consistent with the applicable general plan land use and zoning designations, will not have an adverse impact on any natural habitats, and will not result in significant effects relating to traffic, noise, air quality, or water quality. Therefore, the City Council has determined that there is no substantial evidence that the project may have a significant effect on the environment. SECTION 3. NO NET LOSS LAW. The Project site was identified in the City's 6th cycle Housing Element sites inventory with a unit capacity of four moderate-income and eight above moderate-income units. Although the Project provides 18 above moderate- income units and two moderate-income units, the City Council finds that the remaining sites identified in the Housing Element are adequate to meet the City's remaining regional housing needs allocation (RHNA) for the 6th cycle by income category, pursuant to California Government Code Section 65583 (No Net Loss Law). The City's remaining RHNA and sites inventory capacity are provided in the table below. Income Level Very Low Moderate Above Total Low Moderate Remaining Capacity (units) 1,290 782 581 1,069 3,722 Remaining RHNA (units) 1,125 651 568 990 3,334 NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress hereby approves Tentative Tract Map No. 19358, and the requested density bonus and waiver 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 14th day of July, 2025. 6,..X/144 6/1/1 MAYOR OF THE CITY OF CYPRESS 403 ATTEST: )11/ticek_iL .«till CIT 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 14th day of July, 2025, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Chang, Minikus, Peat, Medrano and Burke NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None .)4 Cilk, CITY CLERK OF THE C TY OF YPRESS 404 EXHIBIT "A" TENTATIVE TRACT MAP NO. 19358 RE: 5302 Lincoln Avenue CONDITIONS OF APPROVAL 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) 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 sem, . -including but not by way of limitation§21152 and 21167). The City shall promptly notify the applicant of any claim, action,or proceeding brought within this time period. (City Attorney) 3. This permit is granted for the tentative map dated 03/07/2025 ("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) 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) 5. The CC&Rs and the Affordable Housing Agreement shall indicate the location of the two units affordable to moderate-income households. (Planning) 6. The applicant shall enter into an Affordable Housing Agreement with the City pursuant to Section 3.12.090 of the City of Cypress Zoning Code which shall be recorded against the project prior to final map recordation. 7. The CC&Rs for the project shall include a section restricting the sale or resale price of the Affordable Units to a price affordable to moderate-income households, as defined by the Department of Housing and Community Development and detailed in the Affordable Housing Agreement,for a term of 45 years. (Planning) 8. The CC&Rs for the project shall include a provision that ensures full access to all project amenities for all residents,including residents of the Affordable Units. (Planning) 9. The CC&Rs for the project shall include a provision requiring the homeowner of an Affordable Unit to occupy the unit as their primary residence. (Planning) 4.05 10. The project shall include two units affordable to moderate-income households,each unit shall have two bedrooms,two bathrooms, at least one garage space, and a washer and dryer in the unit. The affordable units shall be constructed with the same type and quality of exterior materials and interior fixtures, finishes, and amenities as the market rate units. 11. The project shall include two units restricted to a purchase price affordable to moderate- income households in exchange for one concession allowing a reduction in the required interior garage depth from 20 feet to 18 feet and one waiver allowing a reduction in the required rear setback from 20 feet to 10 feet,pursuant to Government Code Sections 65915- 65918 and as outlined in the staff report dated July 14,2025. (Planning) 12. A detailed landscape and automatic irrigation plan shall be submitted to the Cypress 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. (Planning) 13. 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) 14. 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) 15. The applicant shall not grant any easements over any property subject to a requirement of dedication or irrevocable offer to the City of Cypress, unless such easements are expressly made subordinate to the easements to be offered for dedication to the City. Prior to granting any of said easements, the subdivider shall furnish a copy of the proposed easement to the City Engineer for review and approval. (Engineering) (Easement Subordination) 16. The developer shall construct new private sewer laterals with cleanouts and/or new private sewer mains with manholes at locations approved by the City Engineer. (Condition may be deferred to prior to issuance of certificate of occupancy with the execution of a subdivision improvement agreement and bonding at the discretion of the City Engineer)(Engineering) 17. Prior to the recordation of the subdivision map,the applicant shall submit a sewer plan signed and stamped by a registered civil engineer,detailing all the proposed public and/or private sewer lines meeting the requirements of the City Design Standards for Sewer Facilities to be approved by the City Engineer. (Engineering) 18. All sewer lines (including mains and laterals) up to the point of connection at the City's mainline 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) 406 19. The applicant shall resurface the full width of Lincoln Avenue(2"grind and overlay asphalt • concrete pavement) along the:property frontage, or as directed by the City' Engineer. Construct all improvements in accordance with Cypress Public 'Works standards and specifications to satisfaction of the City Engineer. (Condition may be deferred to prior to issuance of certificate of occupancy with the execution of a subdivisipn, improvement agreement and bonding at the discretion of the City Engineer)(Engineering) 20. The applicant shall install a new driveway approach that is compliant with the American Disabilities Act along the property frontage on Lincoln Avenue. Any unused existing driveways along the Lincoln Avenue frontage shall be removed and replaced with sidewalk. The developer shall comply with the following requirements regarding the improvements: • • Construct all improvements in accordance with Cypress Public Works standards and specifications to satisfaction of the City Engineer. • Prior to construction, obtain and pay for a permit and inspection services. As part of the permit,maintain a schedule on file with the City Engineer for the work. • Adjust utility vaults and boxes to grade in accordance with the corresponding utility's requirements and standards. • Relocate any utilities as necessary securing the appropriate approvals from the respective utilities. • If necessary, grant easements to the City for pedestrian purposes for any sidewalk or driveways for compliance with ADA requirements prior to issuance of a permit for construction. (Conditions may be deferred to prior to issuance of certificate of occupancy with the execution of a subdivision improvement agreement and bonding at the discretion of the City Engineer) (Engineering) 21. 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. (Condition may be deferred to prior to issuance of certificate of occupancy with the execution of a subdivision improvement agreement and bonding at the discretion of the City Engineer)(Engineering) 22. Prior to recordation of the final map, the applicant shall submit 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) 23. The applicant shall remove and replace any existing public improvements at the development site which have existing damage, are damaged due to construction,or otherwise below current standards,to the satisfaction of the City Engineer. (Condition may be deferred to prior to issuance of certificate of occupancy with the execution of a subdivision improvement agreement and bonding at the discretion of the City Engineer)(Engineering) 24. This permit is granted subject to the City's approval of a tentative map and final map and recordation of the final map. Before occupying any structures or initiating any use approved by this permit,the applicant shall comply with all conditions of the tentative and final map. (Engineering) 25. Prior to final map recordation, the quantity, location, width, and type of public driveways shall be subject to the approval of the City Traffic Engineer. Both project driveways are to be signed and marked for one-way traffic,to the satisfaction of the City Traffic Engineer, with stop controls facing traffic exiting the project. Prior to construction of any driveway approach upon public street right-of-way,the applicant shall obtain a public works permit. 26. Prior to the issuance of any grading permits, the applicant shall provide adequate sight distance per Engineering Standard Plan 204 and 205 at all street intersections, driveways, and parkways,in a manner meeting the approval of the City Traffic Engineer.The applicant 407 shall make all necessary revisions to the plan to meet the sight distance requirement such as removing trees, signs,utilities,landscape,hardscape, slopes or any other encroachments from the limited use area in a manner meeting the approval of the City Engineer. (Engineering) (Sight Distance) 27. The applicant shall install all new utility services underground. (Condition may be deferred to prior to issuance of certificate of occupancy with the execution of a subdivision improvement agreement and bonding at the discretion of the City Engineer) (Engineering) 28. Arterials shall be crossed by boring only. Public streets with any trench cuts or asphalt patching as a result of this project shall be resurfaced with either a slurry seal or 2-inch grind and overlay. The method and limits of resurfacing shall be determined by and completed to the satisfaction of the City Engineer. Lateral open cuts spaced within 20 feet of each other shall be covered with a two-inch continuous asphalt concrete cap. (Condition may be deferred to prior to issuance of certificate of occupancy with the execution of a subdivision improvement agreement and bonding at the discretion of the City Engineer) (Engineering) 29. 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) 30. The applicant shall ensure the following requirements are met: 1. Drainage is solved to the satisfaction of the City Engineer and Building Official. 2. The Grading Plan is consistent with the Water Quality Management Plan, Site Plan and any Improvement Plan for proposed public storm drains. 3. Submittal of a Preliminary Grading Plan if deemed necessary by the City Engineer. 4. The topography of the area surrounding this development shall be made to establish existing drainage flow patterns. 5. The minimum slope standards are met for 1% for landscape areas, AC parking areas 1.5%,Concrete.2%. 6. All surface runoff and subsurface drainage directed to the nearest acceptable drainage facility, as determined by the City Engineer. 7. 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. 8. All drainage facilities must be consistent with the County of Orange Grading Ordinance as supplemented by the Engineering Division and Local Drainage Manual. 31. 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. 32. Prior to the issuance of any grading or building permits, the applicant shall submit for review and approval by the City Engineer, a Final Water Quality Management Plan (WQMP). The WQMP must include best management practices for source control, pollution prevention, site design, and low impact development as well as structural treatment controls among many factors. Site design for controlling urban runoff must first evaluate infiltration,then harvest and water re-use, then evapotranspiration and only bio- treatment if the other three are not feasible. The WQMP must identify the routine structural and non-structural measures specified in the current Drainage Area Management Plan(DAMP)and utilize the Orange County Technical Guidance Document (OC TGD) as well as the Model WQMP. 33. 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 408 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. 34. 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. 35. The owner is responsible for providing a Water Quality Implementation Covenant and Agreement and an Operations and Maintenance plan that outlines the funding and maintenance of water quality BMPs,consent to inspect,and indemnification on the forms provided by the City for all post-construction stormwater mitigation and treatment devices, as required by the Santa Ana Regional National Pollutant Discharge Elimination System (NPDES) Permit Order No. R8-2009-0030 as amended by Order No. R8-2010- 0062. The agreement will be subject to the review and approval of the City Engineer and City Attorney. Before final acceptance of project improvements, the owner or his/her designated representative must certify that the treatment device was constructed and installed in accordance with the approved plans. Prior to the issuance of a certificate of occupancy, the applicant must demonstrate compliance with the City's NPDES Implementation Program in a manner meeting the satisfaction of the City Engineer and Water Quality Manager, including: i. Demonstrate that all structural Best Management Practices (BMPs) described in the BMP Exhibit from the project's approved WQMP and Maintenance Covenant and Agreement have been implemented,constructed and installed in conformance with approved plans and specifications ii. Demonstrate that the applicant has complied with all non-structural BMPs described in the project's WQMP iii. Demonstrate that copies of the project's approved WQMP and Covenant and Agreement (with attached O&M Plan) are available for each of the initial occupants iv. Agree to provide pay 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 409 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) 36. 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. 37. 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. 38. If trash enclosures and/or recycling areas are required: 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. 39. Provide a pet waste collection systems or dispensers, which hold bags for pet owners to use to pick up waste, must be installed. Regular refuse collection and resupply of pickup bags must be conducted by property owner or homeowner's or business owner's association. 40. 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- way. 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. 41. The applicant must clean all on site storm drain systems, catch basins, filters, storm drain lines, inlet boxes, etc. prior to final inspections. Additionally, upon direction of the City Engineer, the applicant must clean any public storm drain systems, catch basins, filters, lines, and 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 the developer's expense. 42. The owner is responsible for maintaining and operating all on-site private improvements. 43. All property areas must be maintained free of litter/debris. 44. All onsite storm drains including post-construction best management practices (BMPs) must be cleaned at least once a year immediately before October 1'(the beginning of the rainy season) and inspected at least once a year in May(the end of the rainy season). All trash and debris shall be removed from all onsite storm drains and BMPs, if deemed necessary post-inspection. Additional cleaning may be required by the City Engineer. 410 45. There must be no pressure washing of parking areas, and waste storage areas, or building site, unless the City approves a collection system to keep water from entering the storm drain. 46. 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. 47. 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. 48. 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. 49. The applicant will be subject to all requirements of Section 13-29 of the Cypress Municipal Code regarding stormwater pollution prevention including,but not limited to, an Operations and Maintenance Verification Certification — WQMP Post Construction through the City's online application and permitting system, prior to issuance of a final certificate of occupancy. 50. No person or person(s) shall make any modifications to drainage approved in the grading plan or WQMP without prior written approval from the City Engineer. 51. Certified full trash capture devices must be installed to address the Statewide Trash Amendments adopted April 7,2015. Existing storm drain inlets located within this project must be retrofitted to address the above trash policies. Additionally, proposed post- construction BMPs must be devices that are State certified for full-trash capture. 52. Illuminated address signs shall be installed next to each garage door for easy identification by Police and Fire personnel. (Police Department.) 53. The CC&R's shall contain a restriction prohibiting the parking of vehicles in front of garages. Common areas not designated for guest parking shall be kept clear at all times. (Police Department) 54. Security lighting shall be provided in the parking areas, public open space, and driveways. Front door entrances to the individual units shall also be provided with light fixtures. (Police Department) 55. Design Review: Portions of the project that are deferred shall be subject to the codes, standards, and other applicable requirements in force on the date that the deferred plan is submitted to the Orange County Fire Authority(OCFA).The development review does not imply or express approvals on any subsequent plan submittal. (OCFA) 56. Plan Submittal Sequence: 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 specified event. 57. Prior to OCFA clearance of a final map or issuance of a precise grading permit or a building permit, if a grading permit is not required,the applicant or responsible party shall submit: • Fire Master Plan(service code PR145) • Alternate Methods and Materials(AM&M)request(PR910),to address turn around and fire lane location deficiencies associated with the Fire Master Plan review. 58. Prior to issuance of a building permit,the applicant or responsible party shall submit: • Architectural(service codes PR264-PR272,abbreviated review) • Underground piping for private hydrants and fire sprinkler systems (service code PR470-PR475) 411 • Fire sprinkler system(service codes PR400-PR465) 59. Prior to concealing interior construction,the applicant or responsible party shall submit: • Fire alarm system(service code PR500-PR520) • Fire sprinkler system(service codes PR430-PR455). 60. Specific submittal requirements may vary from those listed above depending on actual project conditions identified or present during design development, review, construction, inspection, or occupancy. Standard notes, guidelines, informational bulletins, submittal instructions, and other information related to plans reviewed by the OCFA may be found by visiting ocfa.org on the Planning and Development Section homepage. 61. Temporary/Final Occupancy Inspections: Prior to issuance of temporary or final certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the project and commensurate with the type of occupancy (temporary or final) requested. Inspections shall be scheduled at least five days in advance by calling OCFA Inspection Scheduling at 714-573-6150. 62. Emergency Access Easements: Irrevocable reciprocal access easements for emergency access purposes to the benefit of the Cypress shall be recorded concurrently with the final map or,where no final map is required,prior to approval of the fire master plan. 63. Lumber-drop Inspection: After installation of required fire access roadways and hydrants, the applicant shall receive clearance from the OCFA prior to bringing combustible building materials on-site. Call OCFA Inspection Scheduling at 714-573-6150 with the Service Request number of the approved fire master plan at least five days in advance to schedule the lumber drop inspection. 64. 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) 65. 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) 66. Location of the trash enclosures are reviewed and approved by separate permit. The locations on the submitted plans are not approved. Trash locations and enclosures shall be approved by the City's solid waste hauler, the City Engineer, and the Planning Director. For automated trash service, the applicant must provide on-site driveways, drive aisles and turnarounds with adequate space, clearance, material and loading capacity for solid waste trucks to maneuver and turn around on site (as reviewed and approved by the City's solid waste hauler and the City Engineer). Solid waste trucks are prohibited from backing out into city streets and roadways. (Public Works) 412 RESOLUTION NO. 7031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2025-01, FOR A DRIVE-THRU FAST FOOD RESTAURANT WITHIN AN EXISTING SHOPPING CENTER LOCATED AT 4125 BALL ROAD WITHIN THE CG — COMMERCIAL GENERAL ZONE AND FINDING THE PROJECT EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIREMENTS WHEREAS, the City Council of the City of Cypress has considered an application submitted by Scott Wilkeson, representing McDonald's ("Developer") for a drive-thru fast food restaurant within an existing shopping center located at 4125 Ball Road within the CG — Commercial General Zone (the "Project"); and WHEREAS, the subject site is zoned CG — Commercial General Zone. Cypress Zoning Ordinance Section 2.06.030 states that fast food restaurants with or without drive- thru service are permitted subject to Conditional Use Permit approval in the CG Zone; and WHEREAS, on July 15, 2025, the City Council held a duly noticed public hearing and considered testimony on the application; and WHEREAS, the City Council finds that the applicant agrees with the necessity of and accepts all elements, requirements, and conditions of this Resolution as being a reasonable manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general and the persons who work, visit or live in this development in particular. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DOES HEREBY RESOLVE, based upon substantial evidence taken from the administrative record and at the public hearing, AS FOLLOWS: SECTION 1. Findings. Pursuant to the Cypress Zoning Ordinance Section 4.19.070 (Conditional Use Permits), the City Council finds, after due study and deliberation that the following circumstances exist: 1. The proposed location of the conditional use is consistent with the requirements of the General Plan and the Zoning District in which the site is located. The Project is consistent with Policy LU-2 of the Land Use Element of the General Plan to "ensure that new development is compatible with surrounding land uses, the circulation network, availability of public facilities, and existing development constraints". The project conditions (Exhibit A) include requirements to limit operational impacts related to traffic, parking, noise, and other project components. Cypress Zoning Ordinance Section 2.06.030 allows fast food restaurants with or without drive-thru service with Conditional Use Permit approval in the CG Zone. 2. The proposed location of the conditional use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or general welfare, nor would be materially injurious to properties or improvements in the vicinity. To the extent possible the project is designed to avoid negatively impacting adjacent uses by including appropriate setbacks, landscaping, and other features. The project design includes adequate parking, vehicular circulation, and drive-thru queuing. The conditions included in Exhibit "A" will further ensure that the construction and ongoing maintenance and operation of the restaurant will not negatively impact public health, safety, or general welfare.