Resolution No. 594590
RESOLUTION NO. 5945
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE PERMIT NO. 2006-01 - WITH CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed (by Royal Street Communications, LLC/Metro PCS)
for a Design Review Committee Permit in accordance with the provisions of Section 4.19.060.D of
the Zoning Ordinance of the City of Cypress to allow the installation of a fourth stealth roof -
mounted telecommunications antenna system and related roof - mounted equipment on the existing
office building located at 6101 Ball Road, within the CG- 10,000 Commercial General Zone.
2. That in accordance with Section 4.19.060.E.1 of the Cypress Zoning Ordinance, the
Design Review Committee reviewed and approved this project on April 13, 2006.
3. That in accordance with Section 4.19.060.E.2 of the Cypress Zoning Ordinance, the
decision of the Design Review Committee on this project was reported to the City Council on May
22, 2006, during a public meeting of the City Council.
4. That in accordance with Section 4.19.060.F of the Cypress Zoning Ordinance, the
effective date of the Design Review Committee's decision to approve this project shall be the date of
acceptance by the City Council, and upon receipt by the Community Development Department of
an agreement to any conditions of approval signed by the applicant.
5. That the City Council hereby finds that:
a. The proposed location of the project is in accord with the objectives of the
Zoning Ordinance and the purpose and intent of the CG- 10,000 Commercial General Zone in which
the site is located, which is:
Intended for retail and wholesale commercial enterprises, service uses
(including public utility uses), entertainment uses, and similar businesses.
b. The proposed location of the project and the conditions under which it would
be operated or maintained will not be detrimental to the public health, safety or welfare or be
materially injurious to properties or improvements in the vicinity in that:
(1) The subject telecommunications antenna system design would be
compatible and consistent with the existing office building onsite, including size,
materials, and color.
(2) The subject stealth unmanned wireless telecommunications
transmission facility, as designed and conditioned, would be compatible with
surrounding public utility, commercial, office, and single - family residential uses.
(3) The proposed wireless telecommunications transmission facility
would provide additional public communication service for cellular telephone users
located in, and passing through, the City of Cypress.
(4) This wireless telecommunications transmission facility would
comply with the requirements of the Cypress Zoning Ordinance, Section 16,
Wireless Communications.
(5) This stealth design wireless telecommunications transmission facility
would be located so as to prevent visual impact on surrounding properties and from
public streets.
(6) The materials used in the construction of the proposed wireless
telecommunications transmission facility would not be bright, shiny, garish or
reflective.
(7) The proposed antenna system and accessory equipment cabinets
would be placed on the roof, which would avoid conflicts with parking and vehicle
circulation.
(8) Based on the available information regarding electromagnetic
radiation emissions, this antenna facility would not generate radiation levels
considered harmful by the Federal Government.
(9) The proposed project is conditioned such that, should substantiated
complaints be received that the subject facility is causing adverse impacts on
surrounding properties or uses, the City Council may modify and/or revoke the
subject Design Review Committee Permit, subject to a hearing.
(10) No complaints have been received regarding the existing wireless
telecommunications transmission facilities located in the City of Cypress.
c. The proposed telecommunications antenna facility project, as conditioned,
would comply with each of the applicable provisions of the Cypress Zoning Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Design Review Committee Permit No. 2006 -01, subject to the
conditions attached hereto as Exhibit "A ".
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting
held on the 22nd day of May, 2006.
MA Y/ORi OF THE CITY OF CYPRESS
ATTEST:
CLERK OF THE C OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
I, JILL R. INGRAM, 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
22nd day of May, 2006, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: McCoy, Seymore, Luebben and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: McGill
-2-
CLERK OF THE C OF CYPRESS
91
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EXHIBIT "A"
DESIGN REVIEW COMMITTEE PERMIT NO. 2006-01
6101 Ball Road
CONDITIONS OF APPROVAL
Note: Bolded conditions represent those specific to this project.
Normal text denotes standard conditions of approval.
GENERAL CONDITIONS
1. The developer 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 seg. - including but not by way of limitation § 21152 and 21167). City shall
promptly notify the developer of any claim, action, or proceeding brought within this time
period. City shall further cooperate fully in the defense of the action and should the City fail
to either promptly notify or cooperate fully, developer shall not thereafter be responsible to
defend, indemnify, or hold harmless the City.
2. The applicant/developer shall comply with all provisions of the Code of the City of Cypress.
3. All applicable conditions of Design Review Committee Permit No. 2006 -01 shall be
complied with prior to final sign off of the building permit for the subject antenna facility.
4. Within forty -eight (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 Forty -Three Dollars ($43.00) 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 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.
5. Any and all correction notice(s) generated through the plan check and/or inspection
process is /are hereby incorporated by reference as conditions of approval and shall be
fully complied with by the owner, applicant and all agents thereof.
COMMUNITY DEVELOPMENT CONDITIONS
6. Any expansion or modification of the approved stealth roof - mounted telecommunications
antenna system beyond what is approved as part of Design Review Committee Permit No.
2006 -01 will require an amendment to the permit.
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Exhibit "A"
Design Review Committee Permit No. 2006 -01
Conditions of Approval
Page 2
7. This Design Review Committee 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.
8. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
9. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted. The final color of the antennas and mounting hardware, as well as the
equipment cabinets, shall be submitted to City staff for review and approval prior to actually
painting them.
10. The roof - mounted antennas and the accessory equipment cabinets shall be painted to
blend in with the building upon which they are located. A sample of the antenna
screen material shall be submitted to the Community Development Department for
review and approval prior to issuance of building permits. The antennas, wiring, and
related equipment shall not be visible from ground level (including seems and
different wall materials), as shown on the photo simulations submitted with this
permit application. Final sign off on building permits for this project shall be
contingent upon final Community Development Department (Planning Division)
inspection and acceptance of the screening treatment to be found in substantial
compliance with this condition.
11. All roof mounted equipment shall be adequately screened from public view subject to the
approval of City staff.
12. Exterior building elevations, antenna panels, and hardware shall be maintained in a safe
appearance such that the buildings are free of broken, missing, or significantly cracked
surface finished materials.
13. Antennas shall be installed and maintained in compliance with the requirements of the
Building Code. Antenna installers shall obtain a building permit prior to installation.
14. No advertising material shall be allowed on any antennas.
15. All electrical wiring associated with any antenna shall be buried underground or hidden in a
manner acceptable to the Community Development Director. Electrical conduit shall be
prohibited outside the building walls.
16. The materials used in constructing the antenna shall not be unnecessarily bright, shiny,
garish, or reflective.
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Exhibit "A"
Design Review Committee Permit No. 2006 -01
Conditions of Approval
Page 3
17. Every antenna must be adequately grounded with an adequate ground wire for protection
against a direct strike of lightning. Ground wires shall be of the type approved by the latest
editions of the electrical code for grounding masts and lightning arrestors, and shall be
installed in a mechanical manner with as few bends as possible, maintaining a clearance of
at least two (2) inches from combustible materials. Lightning arrestors shall be used that
are approved as safe by the Underwriter's Laboratories, Inc., and both sides of the line must
be adequately protected with proper arrestors to remove static charges accumulated on the
line. When lead -in conductors of polyethylene ribbon -type are used, lightning arrestors
must be installed in each conductor. When coaxial cable or shielded twin lead is used for
lead -in, suitable protection may be provided without lightning arrestors by grounding the
exterior metal sheath.
18. A wind velocity test shall be required for antenna structures, if deemed necessary by the
Building Official.
19. Co- location of cellular, PCS, and other wireless antenna shall be encouraged. Therefore,
lease agreements shall not include exclusive rights which would prohibit co- location where
it is technically feasible.
20. Public Safety. Royal Street Communications LLC /Metro PCS. (or any subsequent
operator of the subject antenna facility) recognizes that the frequencies used by the
cellular facility located at 6101 Ball Road are extremely close to the frequencies used by
the City of Cypress for public safety. This proximity will require extraordinary
"comprehensive advanced planning and frequency coordination" engineering measures to
prevent interference, especially in the choice of frequencies and radio ancillary hardware.
This is encouraged in the "Best Practices Guide" published by the Association of Public -
Safety Communications Officials- International, Inc. (APCO), and as endorsed by the
Federal Communications Commission (FCC). Prior to the issuance of any permits to
install the facility, the permit applicant shall meet in good faith to coordinate the use of
frequencies and equipment with the Communications Division of the Orange County
Sheriff - Coroner Department to minimize, to the greatest extent possible, any interference
with the Public Safety 800 MHz Countywide Coordinated Communications System
(CCCS). Similar considerations shall be given to any other existing or proposed wireless
communications facility that may be located on the subject property.
21. 800 MHz Frequency. At all times, the operator of the subject antenna facility shall not
prevent City of Cypress from having adequate spectrum capacity on City's 800 MHz
radio frequency.
22. Post - Installation Test. Before activating its facility, the permit applicant shall submit to a
post- installation test to confirm that "advanced planning and frequency coordination" of
the facility is successful in not interfering with the City of Cypress' Public Safety radio
equipment. This test shall be conducted by the Communications Division of the Orange
County Sheriff - Coroner Department or a division - approved contractor at the expense of
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Exhibit "A"
Design Review Committee Permit No. 2006 -01
Conditions of Approval
Page 4
the permit applicant. This post - installation testing process shall be repeated for every
proposed frequency addition and/or change to confirm the intent of the "frequency
planning" process has been met.
23. Upon expiration or termination of the antenna operator's lease term, the tenant shall
remove all antennas, hardware, cables and equipment cabinets associated with the
antenna facility, patch any damaged building facia, and paint the patched area to
match the surrounding wall facia.
24. Exterior construction activities shall be limited to the hours of between 7:00 a.m. and 8:00
p.m. Monday through Friday, between 9:00 a.m. and 8:00 p.m. on Saturday, if the City's
noise standards are exceeded. Interior building construction and tenant improvements shall
be limited to the hours between 7:00 a.m. and 8:00 p.m. Monday through Saturday, only if
the City's noise standards are exceeded. No construction activity shall be allowed on
Sundays or federal holidays. In addition, construction equipment shall be equipped with
effective muffling devices. Compliance with this measure is subject to field inspection by
City staff.
BUILDING CONDITIONS
25. Applicant/developer shall comply with applicable provisions of the 2001 California
Building, Plumbing, Electrical, and Mechanical Codes, the 2001 California Administrative
Code, Title 24, and the Code of the City of Cypress.
FIRE AUTHORITY CONDITIONS - COMMERCIAL
26. Prior to the issuance of a building permit, plans shall be reviewed and approved by the
Orange County Fire Authority. Plans shall indicate the number and description of any
batteries included in the proposed facility (i.e. the power back -up system).
27. Prior to issuance of any building permits, the applicant shall submit to the Fire Chief a list
of the quantities of all hazardous, flammable and combustible materials, liquids or gases
to be stored, used, or handled on site. These liquids and materials shall be classified
according to the Uniform Fire Code using the "Orange County Fire Authority Chemical
Classification Handout ". The submittal shall provide a summary sheet listing each hazard
class, the total quantity of chemicals stored per class and the total quantity of chemicals
used in that class. All forms of materials are to be converted to units of measure in
pounds, gallons and cubic feet. The applicant/contractor may contact the OCFA at (714)
573 -6100 or visit the OCFA website (ocfa.org) to obtain a "Guideline for Completing
Chemical Classification Packets."
28. Prior to the issuance of a building permit, the applicant shall contact the Orange County
Fire Authority Hazardous Materials Disclosure Office at (714) 573 -6100 to obtain a
"Hazardous Materials Disclosure Chemical Inventory and Business Emergency Plan"
Packet. This shall be completed and submitted to the Fire Chief prior to the issuance of a
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Exhibit "A"
Design Review Committee Permit No. 2006 -01
Conditions of Approval
building permit.
STORMWATER QUALITY
Page 5
29. A Water Quality Management Plan (WQMP) shall be submitted which identifies
appropriate construction and post construction as well as structural and non - structural
Best Management Practices (BMP's) to City of Cypress for review and approval. Project
shall also incorporate measures as specified in the County of Orange Drainage Area
Management Plan (DAMP) and the Model Water Quality Management Plan (WQMP) to
help control runoff. Examples of BMP's and control measures are included in the
California Storm Water Best Management Practices Handbook, Industrial /Commercial
and Construction Activity, and the County of Orange Drainage Area Management Plan
and subsequent revisions, and the City's Local Implementation Plan.
30. Pursuant to the City's Water Quality Ordinance, if the City planning agency determines
that the project will have a "de minimis impact" on the quality of stormwater runoff, then
it may deem the project exempt from the Development Planning Program and issue a
written waiver of the requirements for preparation and approval of a Water Quality
Management Plan (WQMP). The applicant shall still submit the "Owner's Certification
of Compliance with Minimum Requirements" and comply with the applicable
construction requirements listed in Condition No. 33.i (i -x) herein.
31. For those applications involving New Development:
a. The applicant shall submit a project specific Water Quality Management Plans
(Project WQMPs) in accordance with the Section A -7.6 and Exhibit A -7.W of the
Council adopted Local Implementation Plan if the application meets any of the following
criteria:
(1) The development qualifies as one of the priority project categories listed as
follows: residential development of 10 units or more; commercial and industrial
development greater than 100,000 square feet including parking areas; automotive repair
shop (SIC codes 5013, 5014, 5541, 7532 -7534, and 7536 - 7539);
(2) The development is a restaurant where the land area of development is
5,000 square feet or more including parking areas (SIC code 5812);
(3) The development involves an impervious surface of 2,500 square feet or
more located within, directly adjacent to (within 200 feet), or discharging directly to
receiving water within Environmentally Sensitive Areas; or
(4) The development involves a parking lot area of 5,000 square feet or more,
or with 15 or more parking spaces, and potentially exposed to urban runoff or the
development does not qualify as one of the Priority Project Categories but requires
discretionary action that will include a precise plan of development (unless the
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Exhibit "A"
Design Review Committee Permit No. 2006 -01
Conditions of Approval
Page 6
Development Services Director deems the project as exempt from this requirement) or
requires issuance of a non - residential plumbing permit predominantly for changes to fuel
dispensers.
The applicant shall include in its WMQP identification of the relevant best management
practices in the project design if such project meets one of the categories for priority
project designation noted above.
32. For those applications involving Significant Redevelopment, where the "Significant
Redevelopment" consists of development that would create or add at least 5,000 square
feet of impervious surfaces on an already developed site and includes, but is not Iimited
to: the expansion of a building footprint; addition to or replacement of a structure;
replacement of an impervious surface that is not part of a routine maintenance activity; or
where the "Significant Redevelopment" consist of land disturbing activities related with
structural or impervious surfaces but does not include trenching and resurfacing
associated with utility work; resurfacing and reconfiguring surface parking lots; or where
the "Significant Redevelopment" consist of new sidewalk construction, pedestrian ramps,
or bike lane on public and private existing roads; and replacement of damaged pavement.
Replacement of impervious surfaces includes any activity that is not part of a routine
maintenance activity where impervious material(s) are removed, exposing underlying soil
during construction.
a. The applicant shall submit project specific Water Quality Management Plans
(Project WQMPs) in accordance with the Section A -7.6 and Exhibit A -7.IV of the
Council adopted Local Implementation Plan the application meets any of the
following criteria:
(1) The development qualifies as one of the priority project categories listed as
follows: residential development of 10 units or more; commercial and industrial
development greater than 100,000 square feet including parking areas; automotive
repair shop (SIC codes 5013, 5014, 5541, 7532 -7534, and 7536- 7539);
(2) Restaurant where the land area of development is 5,000 square feet or
more including parking areas (SIC code 5812); impervious surface of 2,500
square feet or more located within, directly adjacent to (within 200 feet), or
discharging directly to receiving water within Environmentally Sensitive Areas;
(3) Parking lot area of 5,000 square feet or more, or with 15 or more parking
spaces, and potentially exposed to urban runoff or the development does not
qualify as one of the Priority Project Categories but requires discretionary action
that will include a precise plan of development (unless the Development Services
Director deems the project as exempt from this requirement) or requires issuance
of a non - residential plumbing permit predominantly for changes to fuel
dispensers.
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Exhibit "A"
Design Review Committee Permit No. 2006 -01
Conditions of Approval
Page 7
The applicant shall include in its WMQP identification of the relevant best management
practices in the project design if such project meets one of the categories for priority
project designations noted above, except where the "Significant Redevelopment" results
in an increase of less than fifty percent of the impervious surface of a previously existing
development, and the existing development was not subject to WQMP requirements, the
WMQP requirements apply only to the addition, and not to the entire development.
33. For those applications involving any development that is required to submit a WQMP, the
applicant shall conform to the following requirements:
a. WQMPs for priority new or significant redevelopment must address site design
BMPs, routine structural and non - structural Source Control BMPs, Treatment
Control BMPs, including consideration of a regional or watershed approach, and the
mechanism(s) by which long -term operation and maintenance of all structural
BMPs will be provided while non - priority new or significant redevelopment must
address routine structural and non - structural Source Control BMPs, consideration of
Site Design BMPs, and the mechanism(s) by which long -term operation and
maintenance of all structural BMPs will be provided.
b. The applicant shall submit the WQMP prior at one or both points in the project
planning and permitting stage as determined by the Director of Development
Services:
i. During the discretionary approval process (land use permit) of a proposed
project, when the City would exercise judgment or deliberation in order to
approve or disapprove a new development or significant redevelopment
project, or
ii. During the ministerial approval process of issuing a grading, building,
demolition, or similar "construction" permits in which only fixed standards
or objective measures are applied.
c. For projects that require submittal of construction plans, the applicant for plan
check must incorporate all of the structural BMPs identified in an approved
Project WQMP and therefore, the applicant is required to obtain approval of the
final Project WQMP prior to submitting construction plans for plan check.
d. Prior to the issuance of any grading or building permits for projects that will result
in soil disturbance of one or more acres of land, the applicant shall demonstrate
that coverage has been obtained under California's General Permit for Stormwater
Discharges Associated with Construction Activity by providing a copy of the
Notice of Intent (NOI) submitted to the State Water Resources Control Board and
a copy of the subsequent notification of the issuance of a Waste Discharge
Identification (WDID) Number. Projects subject to this requirement shall prepare
and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the
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Exhibit "A"
Design Review Committee Permit No. 2006 -01
Conditions of Approval
Page 8
current SWPPP shall be kept at the project site and be available for City review on
request.
e. Prior to the issuance of any building or grading permits or prior to recordation
upon subdivision of land if determined applicable by Director of Development
Services, the applicant shall submit to the City for review and approval a Water
Quality Management Plan that:
i. Addresses Site Design BMPs such as minimizing impervious areas,
maximizing permeability, minimizing directly connected impervious areas,
creating reduced or "zero discharge" areas, and conserving natural areas
ii. Incorporates the applicable Routine Source Control BMPs as defined in the
DAMP
iii. Incorporates Treatment Control BMPs as defined in the DAMP
iv. Generally describes the long -term operation and maintenance requirements
for the Treatment Control BMPs,
v. Identifies the entity that will be responsible for long -term operation and
maintenance of the Treatment Control BMPS, and
vi. Describes the mechanism for funding the long -term operation and
maintenance of the Treatment Control BMPs.
f. Prior to building or grading permit close -out and/or the issuance of a certificate of
use or a certificate of occupancy, the applicant shall:
i. Demonstrate that all structural best management practices (BMPs) described
in the Project WQMP have been constructed and installed in conformance
with approved plans and specifications,
ii. Demonstrate that applicant is prepared to implement all non - structural
BMPs described in the Project WQMP,
iii. Demonstrate that an adequate number of copies of the approved Project
WQMP are available onsite,
iv. Demonstrate that a mechanism or agreement acceptable to the City has been
executed for the long -term funding and performance of BMP operation,
maintenance, repair, and/or replacement.
v. For industrial facilities subject to California's General Permit for
Stormwater Discharges Associated with Industrial Activity as defined by
Standard Industrial Classification (SIC) code, demonstrate that coverage has
been obtained by providing a copy of the Notice of Intent (NOI) submitted
to the State Water Resources Control Board and a copy of the notification of
the issuance of a Waste Discharge Identification (WDID) Number.
Submit for review and approval by the City an Operations and Maintenance
(O &M) Plan for all structural BMPs. The plan must include the following:
i. Structural BMPs
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Exhibit "A"
Design Review Committee Permit No. 2006 -01
Conditions of Approval
Page 9
ii. Employee responsibilities and training for BMP operation and maintenance
iii. Operating schedule
iv. Maintenance frequency and schedule
v. Specific maintenance activities
vi. Required permits from resource agencies, if any
vii. Forms to be used in documenting maintenance activities
viii. Notification to Orange County Vector Control District of the structural
BMPs in place
ix. Recordkeeping requirements (at least 5 years)
x. If a property owner or a private entity, such as a homeowners association
(HOA), retains or assumes responsibility for operation and maintenance of
structural BMPs, the applicant will require access for inspection through an
agreement. Such access easements shall be binding throughout the life of
the project, or until the BMPs requiring access are acceptably replaced with
a BMP not requiring access. Funding for the long -term operation and
maintenance of structural BMPs will be front - funded, or otherwise
guaranteed via mechanisms such as approved assessment districts, or other
funding mechanisms.
h. The applicant shall obtain a separate public works permit for any BMP that is
required within the public right of way. During the rainy season from October 1 to
April 30, any BMP that is placed in front of a storm drain catch basin or inlet shall
be placed at the beginning of the workday and removed at the end of each
workday to reduce any potential for flooding. The applicant shall monitor if rain is
expected, to remove the BMP during the workday.
Prior to the issuance of a building or grading permit, the applicant shall include
the following as general or special notes on both the building and grading plan
sheets for new development or significant redevelopment projects and shall
adhere to the note requirements:
i. Sediment from areas disturbed by construction shall be retained on site using
structural controls to the maximum extent practicable.
ii. Stockpiles of soil shall be properly contained to minimize sediment transport
from the site to streets, drainage facilities or adjacent properties via runoff,
vehicle tracking, or wind.
iii. Appropriate BMPs for construction - related materials, wastes, spills or
residues shall be implemented to minimize transport from the site to streets,
drainage facilities, or adjoining properties by wind or runoff.
iv. Runoff from equipment and vehicle washing shall be contained at
construction sites unless treated to reduce or remove sediment and other
pollutants.
v. All construction contractor and subcontractor personnel are to be made
aware of the required best management practices and good housekeeping
measures for the project site and any associated construction staging areas.
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Conditions of Approval
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vi. At the end of each day of construction activity all construction debris and
waste materials shall be collected and properly disposed in trash or recycle
bins.
vii. Construction sites shall be maintained in such a condition that an anticipated
storm does not carry wastes or pollutants off the site. Discharges of material
other than stormwater are allowed only when necessary for performance and
completion of construction practices and where they do not: cause or
contribute to a violation of any water quality standard; cause or threaten to
cause pollution, contamination or nuisance; or contain a hazardous
substance in a quantity reportable under Federal Regulations 40 CFR Parts
117 and 302.
viii. Potential pollutants include but are not limited to: solid or liquid chemical
spills; wastes from paints, stains, sealants, glues, lime, pesticides, herbicides,
wood preservatives and solvents, asbestos fibers, paint flakes or stucco
fragments; fuels, oils, lubricants, and hydraulic, radiator or battery fluids;
concrete, detergent or floatable wastes; wastes from any engine /equipment
steam cleaning or chemical degreasing; and super chlorinated potable water
line flushings.
ix. During construction, disposal of such materials should occur in a specified
and controlled temporary area on -site physically separated from potential
stormwater runoff, with ultimate disposal in accordance with local, state and
federal requirements.
x. Dewatering of contaminated groundwater, or discharging contaminated soils
via surface erosion is prohibited. Dewatering of non - contaminated
groundwater requires a National Pollutant Discharge Elimination System
(NPDES) permit from the respective State Regional Water Quality Control
Board."
34. If applicable, the applicant shall implement the following project specific conditions with
regards to water quality:
a. Prior to the issuance of any building permits, the applicant shall include in the
plans any urban runoff control measures deemed necessary by the Building
Official for those situation where the threshold of a WQMP may not be met but
where the project requires urban control runoff measures.
Effective: 5 -22 -2006
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