Resolution No. 4158290
RESOLUTION NO. 4158
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING TENTATIVE TRACT MAP NO. 14779 - WITH CONDITIONS
WHEREAS, an application was made by Bonnani Development to combine
two (2) parcels into one (1) parcel for the purpose of developing nine (9) townhomes
located at 8661 Moody Street, in the RM -20 Residential Multiple - Family Zone.; and
WHEREAS, the City Council considered evidence presented by the applicant,
City staff and other interested parties at a public meeting 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. A conditional use permit has been approved for the
development of nine (9) townhome condominiums which is consistent with the
General Plan land use designation of High Density Residential.
2. The design and improvement of the proposed subdivision as designated
on the tentative tract map and supplemented by the conditions listed below, 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:
All required public improvements will be installed in accordance with the
City's General Plan.
3. None of the findings set forth in Government Code Section 66474 can
be made.
4. 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
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council
of the City of Cypress does hereby approve Tentative Tract Map No. 14779
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cypress on the 8th day of March , 1993.
MAYOR OF THE C1 f -S CYPRESS
ATTEST:
29
CI CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA
COUNTY OF ORANGE
SS
I, DARRELL ESSEX, 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 8th day of March , 1993, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Nicholson, Partin
and Kerry
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
fiinAf
CI CLER OF THE' CITY OF CYPRESS
2
292
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 92-18,
TENTATIVE TRACT MAP NO. 14779
AND
VARIANCE NO. 92-7
CONDITIONS OF APPROVAL
1. The developer shall conform to all applicable provisions of the City code. All
requirements of the State Subdivision Map Act, and the City's Subdivision
Ordinance and Zoning Ordinance shall be satisfied. The Tract Map shall be
recorded prior to issuance of Building Department Permits.
2. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan, in
ink on Mylar, signed by a registered California civil engineer and using actual grades
from an Orange County Surveyor's Benchmark, shall be submitted for approval. A
topographic map of the area surrounding this development shall be made to
establish existing drainage flow patterns. If the existing natural flow of any
adjoining parcel is across the land of this development, a drainage easement shall be
granted and drainage facilities provided for that property to the satisfaction of the
City Engineer. . All lots shall have a slope gradient of one percent (1 %) minimum in
landscape areas.• In parking areas, AC shall have a minimum slope gradient of one
and one -half percent (1.5 %) or as approved by the City Engineer, and concrete shall
have a minimum slope gradient of two- tenths percent (.2 %).
2. (A) The applicant shall provide the existing grades adjacent to the proposed
development site. The first floor grade shall be approximately equal to the average
of the grade of the adjacent lots.
3. A minimum six foot (6') high block wall, measured from the highest adjacent finished
grade, shall be constructed and /or maintained along the West, North and South
property lines. The property line shall have a single block wall only and the
developer shall obtain, and submit to the City, the written permission'or denial of the
adjacent property owner(s) for the removal of their existing block walls. Where an
existing block wall is removed, the Developer shall provide suitable temporary
fencing for all adjacent properties during construction of the perimeter walls
4. Wheelchair and handicapped access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Public Works and Building
Department standards. Access to the second floor requires a handicap ramp or
elevator according to the Building and Safety Department.
5. Installation of Cable T.V. shall be subject to the City Ordinance No. 726. Prior to
construction, the developer shall contact Copley /Coloney, Inc. (Phone: (714) 826-
8680) for specifications and procedures for prewire of the building and installation
of the service wiring. Necessary permits shall be obtained at the City.
Exhibit "A"
Conditional Use Permit No. 92 -18,
Tentative Tract Map No. 14779
and Variance No. 92 -7
Page 2
293
6. The developer shall provide mailbox facilities for each residence, to the satisfaction
of the Public Works Director, Planning Director, and Postmaster.
7. A Copy of the conditions, covenants, and restrictions (C,C &R's) covering the
development shall be submitted to the City staff and City attorney for their review,
recommendations, and approval to assure the continuance, maintenance,
applicability and enforceability of the C,C &R's so that the development will not
become a liability to the City at a later date.
8. All existing public improvements at the development site which are damaged due to
construction, cracked, or otherwise below standard, shall be removed and replaced to
the satisfaction of the City Engineer.
9. Moody Street shall be dedicated and fully improved with curb, gutter, sidewalk,
driveway, paving, etc., in accordance with the City's Code requirement of streets.
Moody Street shall ahve a total right -of -way width of one hundred feet (100,, with an
additional twenty foot (20') wide tree planting, and public utility easement on each
side of the street.
10. On local streets, structural sections shall be based on the recommendation and soils
report prepared by an engineering firm acceptable to the City Engineer, with street
structural section to be determined by using an applicable T.I. (Traffic Index) but
shall be not less than 3" A.C. over 6" A.B. The City shall provide the soils report for
all arterial streets. The minimum flowline grade in streets shall be two- tenths
percent (0.20 %), and the minimum A.C. crossfall shall be two percent (2 %).
11. The quantity, location, width, and type of driveways shall be subject to the approval
of the City Engineer. No landscaping in excess of three feet (3') high will be allowed
in the area of the curb returns. Adequate sight distance also shall be maintained
within the development at all driveway intersections to the satisfaction of the City
Engineer.
12. All utility services shall be underground. Trenching and backfill in streets shall be
per City of Cypress Standard No. 110. Arterials shall be crossed by boring only. In
City streets, lateral open cuts spaced within twenty feet (20') of each other shall be
covered with a one inch (1 ") continuous A.C. cap.
13. Street lights on marbelite standards shall be installed per Southern California
Edison Company requirements. Street name signs and traffic signs shall be installed
per City Standards.
14. Street trees (15 gallon) fifty -two feet (52') on center shall be installed in back of
public sidewalk in conformance to the street tree policy of the Public Works
Department and shall be incorporated with the on -site landscape plan. The type of
trees shall be as required by the City's street tree ordinance. Landscaping in public
right -of -way shall be maintained by the developer.
2 9r
xhibit "A"
Conditional Use Permit No. 92 -18,
Tentative Tract Map No. 14779
and Variance No. 92 -7
Page 3
15. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer
laterals connecting existing buildings at this property shall be plugged at the
property line.
FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
▪ Final Subdivision Map Filing Fee (Per Resolution 2964).
Engineering Plan Checking and Inspection Fee (Per Resolution 2964).
▪ Recreation and Parks Fee (Per Ordinance 769).
▪ Drainage Fee for Master Drainage Plan (Per Resolution 2287).
▪ Sanitary Sewer Connection Fee (Per Orange County Sanitation District No. 3,
Resolution 303).
▪ Advanced Street Light Energy Fees (For one -year period).
▪ Grading Plan Check and Permit (Per Resolution 2964 and 3662).
All applicable Building Department Fees.
16. 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 ( 2100 _et seq. - 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
Hilly 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.
17. Prior to the issuance of any building permits for combustible construction, evidence
that a water supply for fire protection is available shall be submitted to and
approved by the Fire Chief. Fire hydrants and access roads shall be in place and
operational to meet required fire -flow prior to commencing construction with
combustible materials.
18. Prior to the issuance of any building permits, all underground piping for automatic
fire extinguishing systems shall be approved and installed. Plans for an automatic
fire extinguishing system shall be approved by the Fire Chief prior to installation.
Such systems shall be operational prior to the issuance of Certificate of Use and
Occupancy.
Exhibit "A"
Conditional Use Permit No. 92 -18,
Tentative Tract Map No. 14779
and Variance No. 92 -7
Page 4 2
19. Prior to the issuance of any Certificates of Use and Occupancy, the private street
shall be red curbed and posted "No Parking- -Fire Lane" as per 1988 Uniform Fire
Code Section 10.207 in a manner meeting the approval of the County Fire Chief.
20. Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall
have a "Blue Reflective Pavement Marker" indicating its location on the street or
drive per Orange County Fire Department Standard. On private property, these
markers are to be maintained in good condition by the property owner.
21. Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall
have a "Blue Reflective Pavement Marker" indicating its location on the street or
drive per Orange County Fire Department Standard. On private property, these
markers are to be maintained in good condition by the property owner.
21. Prior to the issuance of any building permits, an Orange County Fire Department
Water Availability Form shall be submitted to and approved by the Engineering
Section of the Orange County Fire Department. If sufficient water to meet fire flow
requirements is not available, an automatic fire extinguishing system shall be
installed in each residence.
22. Prior to recordation of the final tract /parcel map, a note shall be placed on the map
indicating proposed fire lanes which shall be approved by the Fire Chief. A plan
shall be approved by the fire department indicating the curbs to be painted red and
the type of signage to be utilized. The CC &R's shall contain provisions which
prohibit parking in the fire lanes and provide a method of enforcement by the Home
Owners Association.
23. Applicant /developer shall comply with applicable provisions of the 1991 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code,
California Administrative Code, Title 24, and the Cypress City Code.
24. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed.
25. Applicant /developer shall comply with all disclosure requirements of the Orange
County Fire Department for hazardous materials use and /or storage and the South
Coast Air Quality Management District for exhaustion of air contaminants.
26. Type 5 cement shall be used for all foundations and slabs on grade.
27. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
28. Applicant /developer shall use fire retardant wood shingles for the roof, if applicable.
29. A soil investigation report shall be submitted with the plans for plan check. Report
shall include soil bearing capacity, seismic study, grading, paving, sulfate test and
other pertinent information under good engineering practice.
2 I bit "A"
Conditional Use Permit No. 92 -18,
Tentative Tract Map No. 14779
and Variance No. 92 -7
Page 5
30. An acoustical report shall be submitted with the plans for plan check. Report shall
meet all the requirements of the Uniform Building Code and Title 24 of the State
Administrative Code.
31. Prior to the issuance of a grading permit, the property owner shall conduct full site
remediation of any soil or water contamination to the satisfaction of the Orange
County Health Care Agency and the Regional Water Quality Control Board.
32. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to a Certificate of Occupancy being issued.
33. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Planning Department.
34. Architectural elevations and site plans shall be reviewed and approved by the
Planning Department prior to the issuance of building permits.
35. 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.
36. Balconies shall not exceed six feet (6') in width with one dimension.
37. The transformer boxes and water valves shall be placed in locations acceptable to the
Planning Director and shall be adequately screened from view with plant materials.
38. A detailed landscape and automatic irrigation plan shall be submitted to the
Planning Department for review and approval at least sixty (60) days prior to
issuance of a Certificate of Occupancy. In addition, a bond shall be posted with the
Public Works Department to guarantee against defects in plant materials and
workmanship.
39. Unless otherwise specified, all required trees shall be a minimum 15 -gallon in size
and of a variety approved by the Planning Director.
40. A redwood landscape retainer, a minimum of two inches by six inches (2" x 6 ") in
size, shall be installed along all property lines where necessary to retain the
landscape planters until adjoining properties are developed.
41. All landscaped areas adjacent to a street right -of -way shall contain a 3 to 1 berm.
42. Landscape irrigation pipes and sprinkler heads shall be maintained in good working
order so as to cover all landscaped areas.
43. A comprehensive sign program for both building and freestanding monument signs
shall be submitted for Planning Department approval prior to any signing
installation. The developer shall not erect or display on the subject property any
signs which have not been approved in writing by the Planning Department.
Exhibit "A"
Conditional Use Permit No. 92 -18,
Tentative Tract Map No. 14779 and
Variance No. 92 -7
297
Page 6
44. If the second story windows or balconies 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.
45. Within forty -eight (48) hours of the approval of this project, the applicant /developer
shall deliver to the Planning Department a check payable to the County Clerk in the
amount of Twenty -Five Dollars ($25.00) County administrative fee, to enable the City
to file the Certificate of Fee Exemption in accordance with Fish and Game Code
Section 753.5 with the Notice of Determination required under Public Resources
Code Section 21152 and Title 14 of the California Code of Regulations. If within
such forty -eight (48) hour period the applicant /developer has not delivered to the
Planning Department the check required above, the approval for the project granted
herein shall be void.
Revised 2/22/93