Resolution No. 423341 t. .
RESOLUTION NO. 4233
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING TENTATIVE TRACT MAP NO. 14834 - WITH CONDITIONS
WHEREAS, an application was made by Uniscien Development to divide one
(1) parcel into one (1) parcel for condominium purposes located at 6172 Orange Avenue.;
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. The proposed Tentative Tract Map No. 14834 is to allow the
construction of nine (9) residential condominium units to be developed on a
rectangular site approximately 21,900 square feet or .50 acre.
b. The City finds that the proposed subdivision of air space for this
development is consistent with the Housing Element of the General Plan and
the intent of the land use designation of RM -20 /CC Residential Multiple -
Family /Civic Center Combining Zone.
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 seq.).
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council
of the City of Cypress does hereby approve Tentative Tract Map No. 14834.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cypress on the 23rd day of August , 1993.
MAYOR OF THE CIT
1
F CYPRESS
494
ATTEST:
7-eW
CITY CLERK OF 'TEIITY 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 23rd day of August , 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
CITY CLERK OF THE CITY OF CYPRESS
2
4'`ii
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 93 -7 AND
TENTATIVE TRACT MAP NO. 14834
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
shall be satisfied. A Parcel Map shall be recorded prior to issuance of Building
Department Permits.
2. Upon separate ownership of parcels, reciprocal easements shall be recorded and
agreements filed with the City governing joint use and maintenance of drive
approaches, drainage, onsite parking, irrigation system, etc.
3. 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
topography 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 onsite drainage conveyed to the street shall be by means of an under - sidewalk
drain. 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 %).
4. A retaining wall per City standards shall be constructed at the property line where
the finish grade difference is greater than twelve inches (12 "). A six-inch (6 ")
concrete curb shall be constructed per City standards to protect all block walls and
structures exposed to vehicular traffic. Grade separation shall not exceed two feet
(2') between adjacent properties.
5. Wheelchair and handicapped access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Public Works Department
standards.
Exhibit "A"
Conditional Use Permit No. 93 -7 and
4 Mituative Tract Map No. 14834
eanditio of Approval
Page 2
6. Installation of Cable T.V. shall be subject to the City Ordinance No. 726. Prior to
construction, the developer shall contact Copley /Colony, Inc. (Phone: [714] 826 -8680)
or Paragon Cable (Phone: [714] 898- 3800), whichever is applicable to the area, for
specifications and procedures for prewire of the building and installation of the
service wiring. Necessary permits shall be obtained at the City.
7. The developer shall provide mailbox facilities for each residence, to the satisfaction
of the Public Works Director, Planning Director, and Postmaster.
8. 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.
9. 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.
10. Orange Avenue shall be dedicated and fully improved with curb, gutter, sidewalk,
driveway, paving, etc., in accordance with the City's Code requirement of Streets.
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. 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.
City of Cypress
Exhibit "A"
Conditional Use Permit No. 93 -7 and
Tentative Tract Map No. 14834
Conditions of Approval
P�y/��p�j(e 3
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.y: A
14. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Final Subdivision Map Filing Fee (Per Resolution No. 2964).
• Engineering Plan Check & Inspection Fee (Per Resolution 2964).
• Park and Recreation 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 308).
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• All applicable Building Department fees.
15. 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 ese . - 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.
16. Prior to the issuance of any building permits, all underground piping for automatic
fire extinguishing systems shall be approved. 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 a Certificate of Use and
Occupancy.
17. 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.
City of Cypress
Exhibit "A"
4 �nditional Use Permit No. 93 -7 and
Tentative Tract Map No. 14834
Conditions of Approval
Page 4
18. The developer shall comply with the California Model Building Security Ordinance.
19. The developer shall provide to the Police Department a scaled diagram, not to
exceed 81 x 11 inches, of the complex, including walkways, driveways, fire hydrants,
unit addresses and garages.
20. The developer shall install lockable mail boxes or have mail access directly into the
individual units.
21. Location of lighting and light fixtures for walkways, porches, and parking areas shall
be approved by the Police Department prior to issuance of building permits.
22. Unit address numbers shall be lighted during the hours of darkness.
23. There shall be no rear yard gates leading to public or semi- public areas.
24. 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.
25. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed.
26. 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.
27. Type 5 cement shall be used for all foundations and slabs on grade.
28. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
29. Applicant /developer shall use fire retardant wood shingles for the roof, if applicable.
30. 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.
31. 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.
City of Cypress
Exhibit "A" Pa e 5
Conditional Use Permit No. 93 -7 and q 9
Tentative Tract Map No. 14834
Conditions of Approval
32. The landscaping and irrigation plans must be included in original plan check
submittal.
33. Disabled access provisions shall be incorporated into original plan check submittal
(Effective for plans submitted for plan review after 7/14/93.)
34. A masonry wall six feet (6') in height and landscaping at least five feet (5') in width
shall be erected and maintained between this multiple - family zone and single - family
zone.
35. A masonry block wall, a minimum of six feet (6') high measured from the highest
finished grade, shall be constructed and /or maintained along the perimeter of the
property.
36. The property lines 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 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.
37. Raised landscape planters approximately two feet (2') by three feet (3') shall be
installed in the areas adjacent and between the garages, one (1) planter between
units A and D, two (2) planters between the three units and one (1) planter each
between the C units or Buildings 3 and 4. Utility meters shall not be permitted in
these areas and plant material shall not exceed a height of three feet (3').
38. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Planning Department.
39. All applicable conditions of Conditional Use Permit No. 93 -7 and Tentative Tract
Map No. 14834 shall be complied with prior to occupancy of the subject building.
40. Any expansion or modification of the approved use beyond what is approved as part
of Conditional Use Permit No. 93 -7 and Tentative Tract Map No. 14834 will require
an amendment to the conditional use permit.
41. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to a Certificate of Occupancy being issued.
City of Cypress
Exhibit "A"
5 Mditional Use Permit No. 93 -7 and
Tentative Tract Map No. 14834
Conditions of Approval
t'age b
42. This conditional use permit may be modified or revoked by the City Council should
the Council determine that the proposed use or conditions under which it is being
operated or maintained is detrimental to the public health, safety, or welfare, or
materially injurious to properties or improvements in the vicinity.
43. Architectural elevations and site plans shall be reviewed and approved by the
Planning Department prior to the issuance of building permits.
44. 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.
45. Onsite security lighting shall be arranged so that direct rays will not shine on
adjacent properties or produce glare for street traffic.
46. The developer shall provide an adequate number of trash enclosures onsite and at
a location acceptable to City staff.
47. 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.
48. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size
and of a variety approved by the Planning Director.
49. 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.
50. Landscape irrigation pipes and sprinkler heads shall be maintained in good working
order so as to cover all landscaped areas.
51. Security gate systems shall be equipped with a Knox box system providing access with
a Knox submaster key for emergency access by police and fire services. The security
gate system shall be approved in writing by the Cypress Police Department and
Orange County Fire Department prior to issuance of building permits.
52. 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 appearance.
City of Cypress
Exhibit "A"
Conditional Use Permit No. 93 -7 and
Tentative Tract Map No. 14834
Conditions of Approval
zi.
Paac3
53. 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.
54. 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.
55. 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.
56. 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.
57. Lofts shall not be converted or altered to create additional bedroom. Such a
proposal will only be considered under an amendment to Conditional Use Permit No.
93 -7. Such requirement shall be included in the CC &R's.
58. 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 8/9/93 City of Cypress