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HomeMy WebLinkAboutResolution No. 7031 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. 413 3. The proposed conditional use would comply with all applicable provisions of this zoning ordinance. The project plans meet all development standards as required in the Cypress Zoning Ordinance. Further conditions have been imposed to insure the proposed 24-hour operations comply with the City's Noise Ordinance and exterior lighting requirements. SECTION 2. CEQA The City Council finds that the proposed project is categorically exempt pursuant to California Environmental Quality Act (CEQA) Guidelines, Section 15332 — In-fill Development. The Project is an infill project in an urbanized area on a site less than five acres. The Project is consistent with the applicable general plan land use and zoning designations, will not have an adverse impact on any natural habitats, and will not result in significant effects relating to traffic, noise, air quality, or water quality. Therefore, the City Council has determined that there is no substantial evidence that the project may have a significant effect on the environment. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress hereby approves Conditional Use Permit No. 2025-01, 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 14th day of July, 2025. 4:9/AA MAYOR OF THE CITY OF CYPRESS ATTEST: $oiLk CIT LERK 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: 4 COUNCIL MEMBERS: Minikus, Peat, Medrano and Burke NOES: 1 COUNCIL MEMBERS: Chang ABSENT: 0 COUNCIL MEMBERS: None .e.fm'1 Vlk CITY LERK OF THE CITY OF CYPRESS 414 EXHIBIT "A" CONDITIONAL USE PERMIT NO.2025-01 4125 Bali Road McDonalds Restaurant and Drive Thru CONDITIONS OF APPROVAL Bolded conditions represent those specific to this project. 1. General Conditions 1.1. Prior to the issuance of building permits,the project applicant and property owner shall sign and return a City-provided affidavit accepting these conditions of approval. (Planning) 1.2. This permit is granted for the plans dated 5/19/2025. 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. (Planning) 1.3. The Conditional Use Permit(CUP)approval shall be valid for a 24 month period from the effective date of the approval. The approval shall lapse and become void after that 24 month period unless either: (Planning) a. A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the CUP approval was granted; or b. Before the date on which permit approval will elapse, the grantee or the city files an application to renew the CUP approval in compliance with the Cypress Zoning Ordinance, Article 4, Subsection 4.19.070.H.3 (Time Limit). 1.4. 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 q. - 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) 1.5. 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) 1.6. The applicant shall comply with all provisions of the Code of the City of Cypress. (Planning) 1.7. The applicant shall obtain a Cypress business license prior to commencement of the business operation. (Finance) 1.8. All applicable conditions of the project shall be complied with prior to final building permit approval. (Planning) 415 1.9. 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) 2. Planning 2.1. The drive-thru is permitted to operate 24,hours a day, seven days a week. Pursuant to ConditiApo , thCity Cnl ervhrihto eiw and odiy h approvedon hoursof ofproperationval6.3ine the eventoutheciCityrsereceiveseste complaintsgt ry relatedetomthe fdrivete- thru or restaurant use. 2.2. Any expansion or modification of the approved use beyond what is approved as part of this Conditional Use Permit will require an amendment to the conditional use permit. (Planning) 2.3. The restaurant is permitted a maximum of two designated spaces for mobile order pick-up and/or delivery order pick-up. 2.4. This conditional use permit may be modified or revoked by the City Council should the Council determine that the proposed use or conditions under which it is being operated or maintained is detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity in accordance with Article 4, Section 19.070.J of the Cypress Zoning Ordinance. (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. On-site security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. A photometric plan shall be reviewed for compliance with City lighting standards and approved by the Community Development Department prior to the issuance of building permits.(Planning) 3.4. All roof mounted equipment, such as heating and air conditioning units, shall be adequately screened from public view subject to the approval of City staff. Commercial or industrial developments which adjoin residentially zoned areas shall construct noise bafflers and/or deflectors on all mechanical equipment mounted outdoors to the satisfaction of City staff. (Planning) 3.5. The transformer boxes and water valves shall be placed in locations acceptable to the Director of Community Development and shall be adequately screened from view with plant materials. (Planning) 4. Signage 4.1. A comprehensive sign program for both building and freestanding monument signs shall be submitted for Planning Division approval prior to the installation of any signs. The developer shall not erect or display on the subject property any signs which have not been approved in writing by the Planning Division. (Planning) 4.2. The installation and method of sign illumination shall be reviewed and approved by the Planning Division and the Building and Safety Division. The business owner shall take the appropriate measures to ensure that the illumination of the sign shall not create glare for vehicular traffic,subject to approval by the Planning Director. Wherever feasible,LED signs shall be equipped with dimmer devices. All electrical conduits, timer devices, and other electrical equipment shall be buried underground or concealed within the sign. (Planning) 416 5. Landscaping 5.1. 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) 5.2. All qualifying landscape projects in the.City shall comply with the City's water efficiency ordinance as well as the water efficient requirements pf the Cypress Zoning Code and the City's Drought Response Management'Plan. All irrigation shall be provided by,a drip or microspray system. (Planning) 5.3. Unless otherwise specified,all required trees shall be a minimum 15-gallon in size and of a variety approved by the Director of Community Development. (Planning), 5.4. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. (Planning) 6. Operational 6.1. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. (Planning) 6.2. The drive-thru speaker shall have volume controls to lower voice output during late evening and morning hours. (Planning) 6.3. The City Council shall maintain the right to review the business hours of operation and may, subject to a public hearing, limit the hours should substantiated complaints be received that the approved 24-hour business hours are creating an adverse impact upon neighboring properties,in accordance with Article 4, Section 19.070.J of the Cypress Zoning Ordinance. When a complaint is received, the City will engage with McDonalds management and conduct site visits to determine if the complaint is verified. Three unique verified complaints within 30 days or 10 unique verified complaints in a 12-month period shall indicate the use is creating an adverse impact upon neighboring properties. (Planning) 6.4. The parking lot shall be used solely for vehicular parking, unless otherwise approved in writing by the Director of Community Development. (Planning) 6.5. Restaurant management shall implement and train employees to adhere to a Drive-Thru Queuing Management Plan.The Plan shall include the following components: 1)Employees will instruct vehicles to proceed to the second drive through pick up window by using the bypass lane, and; 2) If necessary, employees will instruct a customer to park in a designated mobile order/delivery parking stall,if available,to wait until their order is filled and employee can walk the order to the vehicle. 6.6. The applicant shall install signage as approved by the Planning Director prohibiting loud noises and loitering during the evening so as to not disrupt neighboring properties. 7. Property Maintenance 7.1. 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 or graffiti which threatens the appearance. (Planning) 7.2. 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. (Planning) 7.3. The property shall be maintained free of the accumulation of trash and debris. Trash and debris associated with the permitted use shall be stored solely in designated trash receptacles 417 and trash enclosures. (Planning) 7.4. Exterior building elevations shall be maintained such that the buildings are free of broken, missing or significantly cracked surface finished materials. (Planning) 7.5. The property owner shall maintain the site, clear of all graffiti, including but not limited to bathrooms and dining areas if applicable. All graffiti shall be removed within 24 to 48 hours once notified in writing by the City. (Planning) 8. Fees 8.1. The applicant shall pay the following fees per Resolution No. 6182, as noted below. (Engineering) - City-wide Traffic Improvement(Prior to issuance of Building Permit) - Regional Traffic Improvement(Prior to issuance of Building Permit) - Sanitary Sewer Connection(Prior to issuance of Building Permit) - Grading/On-Site(Non-Structural)Plan Check(Prior to submittal of Grading Plans) - Grading Permit and Inspection(Prior to Permit issuance) - Building Plan Check(Prior to submittal of Plans) - Building Permit and Inspection(Prior to Permit issuance) - Public Improvement Plan Check(Prior to submittal of Plans) - Public Improvement Permit and Inspection(Prior to Permit issuance) 8.2. Within 48 hours of the approval of this project, the applicant/developer shall deliver to the Community Development Department a check payable to the County Clerk-Recorder in the amount of$50.00 County administrative fee, to enable the City to file the Notice of Exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines. (Planning) 9. Engineering 9.1. The applicant shall not grant any easements over any property subject to a requirement of dedication or irrevocable offer to the City of Cypress,unless such easements are expressly made subordinate to the easements to be offered for dedication to the City.Prior to granting any of said easements, the subdivider shall furnish a copy of the proposed easement to the City Engineer for review and approval. (Engineering) (Easement Subordination) 9.2. 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) 9.3. 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) 9.4. The applicant will be subject to,but not limited to,the following fees on the attached Cypress Master Fee Schedule(updated annually on July 1): • Building Permit and mechanical/electrical/plumbing fees • Citywide and Regional Traffic Improvements Fees • Grading and Public Works Permit and plan check fees • Park Development Fee • Orange County Sanitation District—Sewer Connection Fees: https://www.ocsan.gov/home/showpublisheddocument/34705/63 859921813190 0000 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) 418 10.2. All sewer lines(including mains and laterals)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. Streets 11.1. 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, afe damaged due to construction, or otherwise below current standards,to the satisfaction of the City Engineer. 11.2. 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. 11.3. 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) 13.1. Prior to the issuance of any certificate of occupancy, including temporary, the applicant shall install new project driveway approaches that are compliant with the American Disabilities Act on Ball Road. 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. 11.4. 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. 11.5. Prior to the issuance of any certificate of occupancy, including temporary, the applicant shall resurface full width of Ball Road (2" grind and overlay asphalt concrete pavement) along the project frontage. Construct all improvements in accordance with Cypress Public Works standards and specifications to satisfaction of the City Engineer. 12. Traffic 12.1. 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) 12.2. Prior to the issuance of any grading permits, the applicant shall provide adequate sight distance per Engineering Standard Plan 204 and 205 at all street intersections, driveways, and parkways, in a manner meeting the approval of the City Traffic Engineer. The applicant shall make all necessary revisions to the plan to meet the sight distance requirement such as removing 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. 419 12.3. The quantity, location, width, and type of public driveways shall be subject to the approval of the City Traffic Engineer. The westerly project driveway shall be relocated to align with the parking lot drive aisle. Prior to construction of any driveway approach within the public right-of-way, the applicant shall obtain a public works permit. 12.4. The applicant shall develop a traffic/circulation management plan to address vehicle stacking in the event that traffic backs up onto Ball Road. 13. Utilities 13.1. Prior to issuance of a certificate of occupancy, the applicant shall install all new and existing utility services underground. (Engineering) (Undergrounding Utilities) 13.2. 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 two-inch continuous asphalt concrete cap. (Engineering) 14. Drainage 14.1.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. 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. 15. Storm Water Quality—National Pollutant Discharge Elimination System 15.1.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. 15.2. Prior to the issuance of any grading or building permits, the applicant shall submit for review and approval by the City Engineer, a Final Water Quality Management Plan (WQMP). The WQMP must include best management practices for source control, pollution prevention, site design, and low impact development as well as structural treatment controls among many factors. Site design for controlling urban runoff must first evaluate infiltration, then harvest and water re-use, then evapotranspiration and only bio- treatment if the other three are not feasible.The WQMP must identify the routine structural and non-structural measures specified in the current Drainage Area Management Plan (DAMP)and utilize the Orange County Technical Guidance Document(OC TGD) as well as the Model WQMP. 420 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; • Include and Operations and Maintenance(O&M)Plan that(1)describes the long- term operation and maintenance requirements for post-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. 15.3.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. 15.4.The owner is responsible for providing a Water Quality Implementation Covenant and Agreement and an Operations and Maintenance plan that outlines the funding and maintenance of water quality BMPs, consent to inspect,and indemnification on the forms provided by the City for all post-construction stormwater mitigation and treatment devices, as required by the Santa Ana Regional National Pollutant Discharge Elimination System (NPDES) Permit Order No. R8-2009-0030 as amended by Order No. R8-2010- 0062. The agreement will be subject to the review and approval of the City Engineer and City Attorney. Before final acceptance of project improvements, the owner or his/her designated representative must certify that the treatment device was constructed and installed in accordance with the approved plans. Prior to the issuance of a certificate of occupancy, the applicant must demonstrate compliance with the City's NPDES Implementation Program in a manner meeting the satisfaction of the City Engineer and Water Quality Manager, including: • Demonstrate that all structural Best Management Practices (BMPs) described in the BMP Exhibit from the project's approved WQMP and Maintenance Covenant and Agreement have been implemented, constructed and installed in conformance with approved plans and specifications • Demonstrate that the applicant has complied with all non-structural BMPs described in the project's WQMP • Demonstrate that copies of the project's approved WQMP and Covenant and Agreement (with attached O&M Plan) are available for each of the initial occupants • Agree to provide pay a compliance deposit to pay for any required inspections and any additional non-compliance inspections as the City deems necessary • Submit certified record drawings as well as the project engineer's post- construction certification as well as the owner's post construction certification on a template provided by the City 421 • Agree to pay for an inspection(special investigation) from the City for a date 12 months after the issuance of a certificate of occupancy for the project to verify compliance with the approved WQMP, Maintenance Covenant and Agreement and O&M Plan. • Demonstrate that the applicant has RECORDED one of the following: 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 • The final approved Water Quality Management Plan (WQMP) and Operations and Maintenance (O&M) Plan. (Engineering, Water Quality) (NPDES/WQMP Compliance Measures) 15.5.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 15.6.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. 15.7.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. 15.8.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. 15.9. 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. 15.10. The owner is responsible for maintaining and operating all on-site improvements. 15.11. All property areas must be maintained free of litter and debris. 15.12. All onsite storm drains including post-construction best management practices (BMPs) must be cleaned at least twice a year; once immediately before October 1St(the beginning of the rainy season), and once in May (the end of the rainy season). Additional cleaning may be required by the City Engineer. 422 15.13. 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. 15.14. 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. 15.15. 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. 15.16. 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. 15.17. 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. 15.18. 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. 15.19. 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. Relocated catch basin along property frontage shall also include automatic retractable screens (ARS) devices in addition to full trash capture devices to address the Statewide Trash Amendments. 16. Building and Safety 16.1. 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) 16.2. The applicant will schedule a pre-construction meeting with both the Building Official and City Engineer(or designee)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) 16.3. 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) 16.4. A pre-grading SWPPP's inspection is required prior to grading permit issuance. All required grading stormwater BMPs shall be installed and inspected by the Building Division prior to release of the grading permit. (Building& Safety) 16.5. 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& Safety).