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Resolution No. 6414RESOLUTION NO. 6414 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TENTATIVE TRACT MAP NO. 17745 - WITH CONDITIONS. WHEREAS, an application was made by Mr. Ed Bonanni to create a one -lot subdivision on the properties located at 4861 and 4891 Camp Street in the City of Cypress; and WHEREAS, the City Council considered evidence presented by the applicant, City staff, and other interested parties at a duly noted public hearing on April 14, 2014, held with respect thereto. NOW, THEREFORE, the City Council of the City of Cypress DOES HEREBY RESOLVE as follows: 1. The proposed map is compatible with the objectives, policies, general land uses, and programs specified in the General Plan of the City of Cypress in that: a. Specific Iland approvals will be granted in accordance with the Zoning Code of the City of Cypress. Subdivision of the existing site into a one -lot subdivision for condominium purposes conforms with the basic intent of the Land Use Element of the City's General Plan. 2. The subdivision as designated on the tentative tract map and supplemented by the conditions listed in Exhibit "A" attached and incorporated herein by reference, are compatible with the objectives, policies, general land uses, and programs specified in the General Plan of the City of Cypress in that: a. The subject property shall be improved in conformance with the present zoning and all applicable ordinances in effect at the time this map is recorded with the County of Orange. All necessary utility services shall be provided to the property in conformance with the Cypress Municipal Code. 3. The subject tract map complies with all requirements of the California Subdivision Map Act and the Cypress Subdivision Ordinance. 4. None of the findings set forth in Government Code Section 66474 which would preclude approval of this tentative tract map can be made. 5. The discharge of waste from the proposed subdivision into the existing community sewer shall not result in a violation of the existing requirements prescribed by the California Regional Water Quality Control Board having jurisdiction over the proposed subdivision pursuant to the provisions of Division 7 of the California Water Code (Sections 13000 et seq.). NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Tentative Tract Map No. 17745, subject to the conditions attached hereto as Exhibit "A ". Any challenge to this Resolution, and the findings set forth therein, must be filed within the 90 day statute of limitations set forth in Code of Civil Procedure 1094.6. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 14th day of April, 2014. MAYO OF THE CITY OF CYPRESS 344 ATTEST: ti_uoL CITY CLERK CLERK OF THE CITY OF YPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 345 I, DENISE BASHAM, 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 April, 2014, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Bailey, Narain, Johnson and Mills NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Yarc a-Lo,k2_, CITY CLERK OF THE CITY OF CYPRESS 346 EXHIBIT "A" Conditional Use Permit No. 2014 -01, General Plan Amendment No. 2014 -01, Zone Change No. 2014 -01 and Tentative Tract Map No. 17745 4861 and 4891 Camp Street 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 fifteen (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 seq. - including but not by way of limitation § 21152 and 21167). City shall promptly notify the applicant of any claim, action, or proceeding brought within this time period. (City Attorney) 1.3. 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 thirty (30) day cancellation notice to the City of Cypress. (City Attorney) 1.4. The applicant shall comply with all provisions of the Code of the City of Cypress. (Planning) 1.5. All requirements of the Orange County Fire Authority (OCFA) shall be complied with prior to certificates of occupancy being issued. (Planning) 1.6. All applicable conditions of the project shall be complied with prior to occupancy of the subject buildings. (Planning) • Community Development Department • Planning Division • 347 Exhibit "A" Conditional Use Permit No. 2014 -01, General Plan Amendment No. 2014 -01, Zone Change No. 2014 -01, and Tentative Tract Map No. 17745 Conditions of Approval Page 2 1.7. 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. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Community Development Department. (Planning) 2.2. Any expansion or modification of the approved use beyond what is approved as part of this Conditional Use Permit No. 2014 -01 will require an amendment to the conditional use permit. (Planning) 2.3. The developer shall provide mailbox facilities for each residence, to the satisfaction of the Public Works Director, Director of Community Development, and Postmaster. (Planning) 2.4. The project shall comply with all mitigation measures as referenced in the Negative Declaration prior to issuance of certificates of occupancy. (Planning) 2.5. Two (2) copies of the CC &R's covering the condominium development shall be submitted to the City staff (prior to recordation) for internal review, recommendation, and approval to assure the continuous maintenance applicability and enforceability of the CC &R's so that the development will not become a liability to the City at a later date. The CC &R's shall assign responsibility to the homeowners association for the maintenance of the common area, including driveways, parking lots, and landscaping (including the public parkway along Camp Street). (Planning) 2.6. A copy of the Condominium Plan for this project shall be submitted to the City staff for review and approval prior to recordation. (Planning) 2.7. The roofing material for the residential units shall consist of flat concrete tile representing at least two different colors. The buildings shall contain accent trim colors different than the adjacent building color. Final colors and materials shall be submitted to the Cypress Planning Division for approval prior to painting the buildings. (Planning) 2.8. A six foot high block wall, measured from the highest adjacent grade, shall be constructed along the north, east, and west property lines. (Planning) 2.9. Project construction/demolition activities shall comply with SCAQMD Rule 403, as revised. The applicant shall also obtain approval of a dust control plan from the Building Division prior to issuance of any grading or building permits. Dust - reducing measures shall include regular watering of graded surfaces, restriction of all construction vehicles and equipment to travel along established and regularly watered roadways, and suspending operations that create dust during windy conditions (winds greater than 25 mph). (Air Quality Mitigation Measure No. 1) • Community Development Department • Planning Division • 348 Exhibit "A" Conditional Use Permit No. 2014 -01, General Plan Amendment No. 2014 -01, Zone Change No. 2014 -01, and Tentative Tract Map No. 17745 Conditions of Approval Page 3 2.10. All trucks hauling dirt, sand, soil or other loose materials off -site shall be covered or watered or shall maintain at least two feet of freeboard (i.e., minimum vertical distance between the top of the material and the top of the truck). Mud - covered tires and under - carriages of trucks shall be washed prior to leaving the construction site. (Air Quality Mitigation Measure No. 2) 2.11. Adjacent streets shall be swept, as needed; to remove dirt dropped by construction vehicles or mud that would otherwise be carried off by trucks departing the site. (Air Quality Mitigation Measure No. 3) 2.12. General Contractors shall ensure that all construction equipment be properly tuned and maintained in accordance with manufacturer's specifications. (Air Quality Mitigation Measure No. 4) 2.13. All construction vehicles shall be prohibited from idling in excess of five minutes, both on and off -site. Signs shall be posted limiting idling to five minutes. (Air Quality Mitigation Measure No. 5) 2.14. All structures shall be designed and confirmed during the building plan check process to withstand anticipated ground shaking caused by future earthquakes within an acceptable level of risk, i.e., high risk zone, as designated by the City's latest adopted edition of the Uniform Building Code. (Geology Mitigation Measure No. 6) 2.15. Prior to the issuance of a grading permit, a site specific geologic and soils report shall be prepared by a registered geologist or soils engineer and submitted to the City Building Division for approval. The report shall specify design parameters necessary to remediate any soils and geologic hazards. (Geology Mitigation Measure No. 7) 2.16. Precise grading plans shall include an Erosion, Siltation, and Dust Control Plan for the approval of the City Building Department. The Plan's provisions may include sedimentation basins, sand bagging, soil compaction, re- vegetation, temporary irrigation, scheduling and time limits on grading activities, and construction equipment restrictions onsite. This plan shall demonstrate compliance with South Coast Air Quality Management District Rule 403, which regulates fugitive dust control. (Geology Mitigation Measure No. 8) 2.17. Project buildings shall be constructed to comply with Title 24 requirements. The project shall also include energy efficiency measures by incorporating green building materials, which will reduce the project's energy demand. (Greenhouse Gas Emissions Mitigation Measure No. 9) 2.18. The project shall reduce GHC emissions from electricity by reducing energy demand through the installation of Energy Star appliances, lighting, and energy- saving doors and windows. (Greenhouse Gas Emissions Mitigation Measure No. 10) • Community Development Department • Planning Division • 349 Exhibit "A" Conditional Use Permit No. 2014 -01, General Plan Amendment No. 2014 -01, Zone Change No. 2014 -01, and Tentative Tract Map No. 17745 Conditions of Approval Page 4 2.19. The project shall incorporate water efficient management practices such as hydrozoning by grouping plants with the same water needs. This strategy shall include the incorporation of drought resistant or low -water plants and water - efficient irrigation techniques. (Greenhouse Gas Emissions Mitigation Measure No. 11) 2.20. At least 50 percent of construction waste (by weight) shall be recycled. (Greenhouse Gas Emissions Mitigation Measure No. 12) 2.21. The project shall include shade trees to decrease the project's energy demand. (Greenhouse Gas Emissions Mitigation Measure No. 13) 2.22. Prior to the issuance of grading permits, Best Management Practices (BMPs) shall be developed in compliance with Orange County's Municipal NPDES permit program. (Hydrology and Water Quality Mitigation Measure No. 14) 2.23. Developer /property owner shall submit a SWPPP which identifies construction and post construction BMPs to the Engineering Division for review and approval. (Hydrology and Water Quality Mitigation Measure No. 15) 2.24. Prior to issuance of building permits, the applicant shall submit for approval of the City Public Works Department, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used onsite to control predictable pollutant runoff. (Hydrology and Water Quality Mitigation Measure No. 16) 2.25. Grading and exterior building construction activities shall be limited to the hours between 7:00 a.m. and 8:00 p.m., Monday through Friday, and 9:00 a.m. to 8:00 p.m. on Saturday. 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. (Noise Mitigation Measure No. 17) 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 structures. (Planning) 3.3. All ground mounted equipment, such as heating and air conditioning units, shall be adequately screened from public view subject to the approval of City staff. (Planning) • Community Development Department • Planning Division • 350 Exhibit "A" Conditional Use Permit No. 2014 -01, General Plan Amendment No. 2014 -01, Zone Change No. 2014 -01, and Tentative Tract Map No. 17745 Conditions of Approval Page 5 3.4. 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) 3.5. Construction bins must be maintained onsite during construction. Bin rental shall be contracted through Consolidated Disposal Services. (Planning) 3.6. If the second story windows create a privacy problem for adjacent property owners, measures shall be taken to resolve the problem. These mitigation measures shall be subject to Design Review and may consist of, but not be limited to, requirements for additional perimeter landscaping and/or window coverings as determined appropriate by the Design Review Committee. (Planning) 4. Signage N/A 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 sixty (60) days prior to issuance of the first certificate of occupancy. In addition, a bond shall be posted with the Public Works Department to guarantee against defects in plant materials and workmanship for a period of one (1) 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 of the Cypress Zoning Code. (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. Mechanical devices associated with the cleaning and maintenance of real property may be used within any zone between the hours of 7:00 a.m. and 8:00 p.m. on weekdays and between the hours of 8:00 a.m. and 8:00 p.m. on weekends and federal holidays. Such devices include but are not limited to stationary or mobile pumps, fans, compressors, generators, blowers, and sweepers. The use of such devices for such purposes is prohibited at all other times. (Planning) • Community Development Department • Planning Division • 351 Exhibit "A" Conditional Use Permit No. 2014 -01, General Plan Amendment No. 2014 -01, Zone Change No. 2014 -01, and Tentative Tract Map No. 17745 Conditions of Approval Page 6 6.2. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. (Planning) 6.3. Residents shall be prohibited from using guest parking spaces for the parking of their personal vehicles. Long -term parking within the guest parking spaces is prohibited. Restrictions for guest parking spaces shall be included in the CC &R's for the project. (Planning) 6.4. The CC &R's for the project shall include a section requiring that the garage parking spaces shall be maintained open and available at all times for the parking of two vehicles. (Planning) 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 uses are to be stored solely in designated trash enclosures. (Planning) 7.4. Exterior building elevations shall be maintained in a safe appearance such that the buildings are free of broken, missing or significantly cracked surface finished materials. (Planning) 8. Fees 8.1. Prior to issuance of grading permit or as noted below, the applicant shall pay the following fees per Resolution No. 6118, except as otherwise noted below. (Engineering) - Park and Recreation - Drainage Fee for Master Drainage Plan City -wide Traffic Improvement Regional Traffic Improvement Final Subdivision Map Check Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD -09) Grading / On -Site (Non- Structural) Plan Check. (Prior to Submittal of Grading Plans) - Grading Permit and Inspection. (Prior to Permit Issuance) (B &S) - Building Plan Check (Prior to Submittal of Plans) (B&S) - Building Permit and Inspection (Prior to Permit Issuance) (B &S) • Community Development Department • Planning Division • 352 Exhibit "A" Conditional Use Permit No. 2014 -01, General Plan Amendment No. 2014 -01, Zone Change No. 2014 -01, and Tentative Tract Map No. 17745 Conditions of Approval Page 7 - Public Improvement Plan Check (Prior to Submittal of Plans) - Public Improvement Permit and Inspection (Prior to Permit Issuance) 8.2. Within forty -eight (48) hours of the approval of the project, the applicant/developer shall deliver to the Community Development Department the required Fish and Game impact fee in the form of a check payable to the County Clerk- Recorder in the amount of $2,101.50 (this fee already includes a $50.00 County administrative fee), to enable the City to file the Notice of Determination pursuant to Fish and Game Code §711.4 and California Code of Regulations, Title 14, section 753.5. If within such forty -eight (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) 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. These requirements may be modified by a Development Agreement between the City of Cypress and the applicant with respect to improvements to be implemented by the applicant. (Engineering) 9.2. Prior to recordation of a subdivision map, the applicant shall submit all public improvement plans and grading plans per the Public Works Department Standard Plans and specified design criteria. All plans shall be in ink on 24 inch by 36 inch Mylar with City title block on all sheets. (Engineering) 9.3. Prior to recordation of a subdivision map, 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 County. Prior to granting any of said easements, the subdivider shall furnish a copy of the proposed easement to the Engineering Division Manager for review and approval. Further, a copy of the approved easement shall be furnished to the Planning Manager, prior to recordation of a subdivision map. (Engineering) • Community Development Department • Planning Division • 353 Exhibit "A" Conditional Use Permit No. 2014 -01, General Plan Amendment No. 2014 -01, Zone Change No. 2014 -01, and Tentative Tract Map No. 17745 Conditions of Approval Page 8 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 Engineering Division Manager. (Engineering) 9.5. The applicant shall notify the Director of Community Development and Public Works Director in writing if any changes to parcel /tract map are proposed during the plan check process. Permits shall not be issued until the Director of Community Development and Public Works Director have 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. (Engineering, Planning) 10. Landscaping within the Public Right -of -Way 10.1. Prior to issuance of building permits, the applicant shall submit a plan for landscaping within the public right -of -way including a landscape and irrigation plan to the Cypress Planning Division for approval with a copy to the Maintenance Division Manager. (Engineering, Maintenance) 10.2. The applicant shall post a bond to guarantee against any defects in plant materials and workmanship. A soils report for all planting areas, prepared by a qualified agricultural laboratory, shall be submitted to the Public Works Department for approval at least 30 days prior to planting date. Test results shall include concentration of nitrogen, phosphorus, potassium, ph, salinity, sodium status, and boron saturation extract. Drought tolerant landscape is encouraged and the landscaping will be irrigated from the private property meter. (Engineering, Maintenance) 10.3. Prior to issuance of the first certificate of occupancy, the applicant shall install all street landscaping per the approved landscaping plan. (Engineering, Maintenance) 10.4. The applicant or his successor in interest shall maintain the landscaping planted in the public right -of -way located along the frontage of the property in a healthy condition. (Engineering, Maintenance) 11. Sewer and Wastewater 11.1. Prior to the recordation of the subdivision map, the applicant shall submit a sewer design plan detailing all the proposed public sewer lines meeting the requirements of the City Design Standards for Sewer Facilities. (Engineering) 12. Street Trees • Community Development Department • Planning Division • 354 Exhibit "A" Conditional Use Permit No. 2014 -01, General Plan Amendment No. 2014 -01, Zone Change No. 2014 -01, and Tentative Tract Map No. 17745 Conditions of Approval Page 9 12.1. Prior to issuance of the first certificate of occupancy, the applicant shall install street trees that are a minimum of 24 inch box in size in conformance with Sections 27.19 and 25.29E of the Cypress Municipal Code. (Maintenance) 12.2. The number of trees shall be determined by dividing the frontage of property, including driveways, by 40 and rounding up. Trees shall be evenly spaced with a minimum 50 feet from street tree to street corner curb line. Type of trees shall conform to the City's Street Tree Master Plan. With prior approval of the Public Works Director, street trees may be replaced by trees planted in conjunction with an approved on -site landscape plan. (Maintenance) 12.3. All trees in the public right -of -way shall be installed and maintained in a healthy and safe condition by the applicant or developer or successor in interest. (Maintenance) 13. Street Lighting N/A 14. Streets 14.1. Prior to the recordation of a subdivision map the subdivider shall place a note on the map, in a manner that meets the approval of the Engineering Division Manager, that states: "The private streets constructed within this map shall be owned, operated and maintained by the developer, successors or assigns. The City of Cypress shall have no responsibility for maintenance." (Engineering) 14.2. Prior to issuance of the first certificate of occupancy, the applicant shall ensure that the property frontage meets the requirements of the Federal American Disabilities Act (ADA) and State of California Title 24. This includes but is not limited to sidewalks and pedestrian access across the driveway along Camp Street. Should it be necessary, for ADA compliance, the applicant shall grant an easement to the City to provide for pedestrian access across the subject driveway. Additionally, 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 design standards. The applicant shall submit an improvement plan in accordance with the aforementioned design standards and as required by the Engineering Division Manager, and obtain a Public Works Permit from the Public Works Department prior to commencement of the subject work. (Engineering) 14.3. Prior to recordation of the subdivision map, the applicant shall submit a design plan and obtain plan approval from the Engineering Division for all proposed City streets. (Engineering) 14.4. For proposed public streets, structural sections shall be based on the recommendation of a soils report prepared by an engineering firm acceptable to the City Engineer. All design • Community Development Department • Planning Division • 355 Exhibit "A" Conditional Use Permit No. 2014 -01, General Plan Amendment No. 2014 -01, Zone Change No. 2014 -01, and Tentative Tract Map No. 17745 Conditions of Approval Page 10 shall be in conformance with the County of Orange Highway Design Manual. Attention is directed that street structural sections shall be determined by using an applicable Traffic Index but shall be not less than 3 inches asphalt concrete over 6 inches of asphalt base. The minimum flow line grade in streets shall be two - tenths percent (0.20 %), and the minimum A.C. cross fall shall be two percent (2 %). (Engineering) 14.5. Prior to issuance of grading permit, the applicant shall dedicate and fully improve with curb, gutter, sidewalk, drive closure, drive approach, paving, etc., the frontage of the property along Camp Street, per the City Engineer in accordance with the City's Code requirement for streets. (Engineering) 15. Subdivisions 15.1. Prior to issuance of Building Permits, the applicant shall ensure that the Tract Map that meets all the requirements of the State Subdivision Map Act and City's Subdivision Ordinance, is recorded and a copy of the recorded map is submitted to the Engineering Division Manager. (Engineering) 16. Traffic 16.1. 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 the public street right -of -way, the applicant shall obtain a public works permit. (Engineering) 16.2. 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, driveway and parkways, in a manner meeting the approval of the Engineering Division Manager. 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 Engineering Division Manager and Planning Manager. (Engineering) 17. Utilities 17.1. Prior to issuance of the first certificate of occupancy, the applicant shall install all new and existing utility services underground. (Engineering) 17.2. Attention is directed that trenching and backfill in streets shall be per City of Cypress Public Works Standard Plan No. 109. 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) • Community Development Department • Planning Division • 356 Exhibit "A" Conditional Use Permit No. 2014 -01, General Plan Amendment No. 2014 -01, Zone Change No. 2014 -01, and Tentative Tract Map No. 17745 Conditions of Approval 18. Drainage Page 11 18.1. Prior to issuance of grading or building permits or recordation of the subdivision map, whichever comes first, at the direction of the Engineering Division Manager, the applicant shall submit a grading plan for approval, in ink, on Mylar, signed and stamped by a registered California civil engineer and using actual grades from an Orange County Surveyor's Benchmark on a form acceptable to the Engineering Division Manager. (Engineering) The applicant shall ensure the following requirements are met: Drainage is solved to the satisfaction of the Engineering Division Manager. 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 Engineering Division Manager. 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 Engineering Division Manager. 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. Submittal of a drainage study, when determined necessary by the Engineering Division Manager, evidencing that proposed drainage patterns will not overload existing storm drains. Submittal of drainage studies, when determined necessary by the Engineering Division Manager, indicating how the project grading, in conjunction with the drainage conveyance systems including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding, will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100 -year flood. 18.2. Prior to the recordation of a subdivision map or prior to the issuance of any grading permit, whichever comes first, and if determined necessary by the Engineering Division Manager, the applicant shall record a letter of consent from the affected property owners permitting offsite grading, cross lot drainage, drainage diversions and/or unnatural concentrations. The • Community Development Department • Planning Division • 357 Exhibit "A" Conditional Use Permit No. 2014 -01, General Plan Amendment No. 2014 -01, Zone Change No. 2014 -01, and Tentative Tract Map No. 17745 Conditions of Approval Page 12 applicant shall obtain approval of the form of the letter of consent from the Engineering Division Manager before recordation of the letter. (Engineering) 18.3. Prior to the issuance of any grading permit, and if determined necessary by the Engineering Division Manager, the applicant shall record a letter of consent, from the upstream and/or downstream property owners permitting drainage diversions and/or unnatural concentrations. The form of the letter of consent shall be approved by the Engineering Division Manager prior to recordation of the letter. (Engineering) 18.4. Prior to the recordation of a subdivision map (except maps for financing and conveyance purposes only) or prior to the approval of final inspection, whichever occurs first, the applicant shall construct all required drainage improvements, or provide evidence of financial security (such as bonding), in a manner meeting the approval of the Engineering Division Manager, and inspection and dedication of the associated easements to the City of Cypress, if determined necessary. If a bond is provided, the applicant shall construct all drainage improvements prior to issuance of the first certificate of occupancy. (Engineering) 19. Storm Water Quality — National Pollutant Discharge Elimination System 19.1. Prior to the issuance of building permits, the applicant shall submit a certified copy of the approved Final Water Quality Management Plan along with the final approved Grading Plan and all other supporting documentation on a Compact Disc in digital file format acceptable to the Engineering Division Manager. (Engineering, Water Quality) 19.2. The applicant is directed to Chapter 12 Health and Sanitation, Article IV Cypress Water Quality, Section 13 -23 (a) (9) regarding required submittal for a Water Quality Management Plan (WQMP) to control urban runoff. This project has been classified as a priority project under section XII New Development (Including Significant Redevelopment) Order No. R8- 2009 -0030 of the Waste Discharge Requirements of the California Regional Water Quality Control Board, Santa Ana Region for the cities within County of Orange (NPDES Permit) available at http: / /www.ocwatershed.com /Documents /R84thterm.pdf. Said WQMP shall 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. 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 Drainage Area Management Plan and Technical Guidance Document, alterations to the site and the site plan may be required as prescribed by the Public Works Director or Director of Community Development to the WQMP. The aforementioned documents are available for download at • Community Development Department • Planning Division • 358 Exhibit "A" Conditional Use Permit No. 2014 -01, General Plan Amendment No. 2014 -01, Zone Change No. 2014 -01, and Tentative Tract Map No. 17745 Conditions of Approval Page 13 http:// www.ocwatersheds.com /WQMP.aspx. Any significant alteration to the site plan due to the Final WQMP may then require approval of the Council of the revised site plan. Additionally, as required under the NPDES Permit, attention is directed that the WQMP must identify a responsible party and implement funding sources for maintaining any treatment controls 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. (Engineering, Water Quality) 19.3. Prior to issuance of the first certificate of occupancy, the applicant shall clean all on site storm drain systems, catch basins, filters, storm drain lines, inlet boxes, etc. Additionally, upon direction of the Engineering Division Manager, the applicant shall clean any public storm drain systems, catch basins, filters, lines, inlet boxes that the Engineering Division Manager 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. (Engineering, Water Quality) 19.4. Prior to the issuance of any grading or building permits, the applicant shall submit for review and approval by the Engineering Division Manager, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used onsite to control predictable pollutant runoff. The applicant's WQMP shall be in conformance with the Orange County Drainage Area Management Plan (DAMP), Model WQMP, and Technical Guidance Manual for reference, and the City's WQMP template for submittal. This WQMP shall include the following: - Detailed site and project description - Potential stormwater pollutants Post - development drainage characteristics - Low Impact Development (LID) BMP selection and analysis Structural and Non - Structural source control BMPs Site design and drainage plan (BMP Exhibit) - GIS coordinates for all LID and Treatment Control BMPs - Operation and Maintenance (O &M) Plan that (1) describes the long -term operation and maintenance requirements for BMPs identified in the BMP Exhibit; (2) identifies the entity that will be responsible for long -term operation and maintenance of the referenced BMPs; and (3) describes the mechanism for funding the long -term operation and maintenance of the referenced BMPs. The BMP Exhibit from the approved WQMP shall be included as a sheet in all plan sets submitted for plan check and all BMPs shall be depicted on these plans. Grading and building plans must be consistent with the approved BMP exhibit. (Engineering, Water Quality) • Community Development Department • Planning Division • 359 Exhibit "A" Conditional Use Permit No. 2014 -01, General Plan Amendment No. 2014 -01, Zone Change No. 2014 -01, and Tentative Tract Map No. 17745 Conditions of Approval Page 14 19.5. Prior to issuance of the first certificate of occupancy, the applicant shall demonstrate compliance with the City's NPDES Implementation Program in a manner meeting the satisfaction of the Engineering Division Manager and Water Quality Manager, including: - Demonstrate that all structural Best Management Practices (BMPs) described in the BMP Exhibit from the project's approved WQMP 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 - Submit for review and approval an Operations and Maintenance (O &M) Plan for all structural BMPs (the O &M Plan shall become an attachment to the WQMP) - Demonstrate that copies of the project's approved WQMP (with attached O &M Plan) are available for each of the initial occupants - Agree to pay for an inspection (special investigation) from the City for a date 12 months after issuance of the final certificate of occupancy for the project to verify compliance with the approved WQMP and O &M Plan Demonstrate that the applicant has RECORDED one of the following: • The CC &R's (that must include the approved WQMP and O &M Plan) for the project's Home Owner's Association; A water quality implementation 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) 19.6. Prior to the issuance of any grading or building permit, the applicant shall submit an Erosion and Sediment Control Plan (ESCP) in a manner meeting approval of the Engineering Division Manager and the Building Official, to demonstrate compliance with the City's NPDES Implementation Program and state water quality regulations for grading and construction activities. The ESCP shall identify how all construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. shall 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 shall also describe how the applicant will ensure that all BMPs will be maintained during construction of any future public right -of -ways. The ESCP shall be updated as needed to address the changing circumstances of the project site. A copy of the current ESCP shall be kept at the project site and be available for City review on request by either the Building or Engineering Division. The ESCP will be inspected by the Building Division. (Engineering, Water Quality) • Community Development Department • Planning Division • 360 Exhibit "A" Conditional Use Permit No. 2014 -01, General Plan Amendment No. 2014 -01, Zone Change No. 2014 -01, and Tentative Tract Map No. 17745 Conditions of Approval 20. Building and Safety Page 15 20.1. Applicant /developer shall obtain the required permits and comply with applicable provisions of the 2013 California Residential, Building, Plumbing, Electrical, and Mechanical Codes, the 2013 California Green Building Standards Code, Title 24, and the City of Cypress Codes. (Building & Safety) 20.2. An automatic fire sprinkler system, approved by the Orange County Fire Authority, shall be required. (Building & Safety) 20.3. Type 5 cement shall be used for all foundations and slabs on grade. (Building & Safety) 20.4. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. thick moisture barrier. (Building & Safety) 20.5. A stamped soil investigation report shall be submitted with the plans for plan check. Report shall include soil bearing capacity, seismic study, in compliance with the Seismic Hazard Mapping Act of the State of California, grading, paving, sulfate test and other pertinent information under good engineering practice. (Building & Safety) 20.6. 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 from the Public Works Department. (Building & Safety) 20.7. Prior to issuance of the final certificate of occupancy, as required by California State Health and Safety Code Section 19850, the applicant shall provide copies of the stamped approved plans and any revisions on CD in PDF format to the City of Cypress Building Division to serve as the official file copy of the approved building plans. (Building & Safety) 20.8. Building plans shall be stamped by a licensed engineer. (Building & Safety) 20.9. A pre - grading SWPPP's inspection is required prior to grading permit issuance. All required grading stormwater BMP's shall be installed and inspected by the building division prior to release of the grading permit. (Building & Safety) 21. Security N/A 22. Antennas N/A 23. Alcohol N/A 24. Alcohol — On Sale General N/A • Community Development Department • Planning Division • 361 Exhibit "A" Conditional Use Permit No. 2014 -01, General Plan Amendment No. 2014 -01, Zone Change No. 2014 -01, and Tentative Tract Map No. 17745 Conditions of Approval 25. Alcohol — Off Sale Beer & Wine N/A 26. Fire - Residential N/A 27. Fire - Commercial N/A Effective: 4 -14 -2014 SECTIONS 1. General 2. Planning 3. Architectural 4. Signage 5. Landscaping 6. Operational 7. Property Maintenance 8. Fees 9. Engineering 10. Landscaping in the Public Right -of -Way 11. Sewer and Wastewater 12. Street Trees 13. Street Lighting 14. Streets 15. Subdivisions 16. Traffic 17. Utilities 18. Drainage 19. Storm Water Quality 20. Building & Safety 21. Security 22. Antennas 23. Alcohol 24. Alcohol — On Sale General 25. Alcohol — Off Sale Beer & Wine 26. Fire - Residential 27. Fire - Commercial Page 16 • Community Development Department • Planning Division •