Resolution No. 6613125
RESOLUTION NO. 6613
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 3081
- WITH CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed 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 construction of 67 apartment units on the property located at 4620
Lincoln Avenue, within the PC Planned Community Zone.
2. That in accordance with Section 4.19.060.E of the Cypress Zoning
Ordinance, the Design Review Committee reviewed and approved the design of this
project on March 2, 2017.
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 March 27, 2017, during a public meeting of the City Council.
4. That the City Council continued consideration of this project to the City
Council meeting on April 10, 2017, to allow time for staff to review a revised site plan and
draft additional conditions of approval specified by the City Council.
5. That the City Council further continued consideration of this project to the
May 8, 2017, City Council meeting to allow the applicant to submit, and staff to review, a
revised site plan to include a reduction in the number of apartment units and additional
onsite parking.
5. 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.
6. 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 zone in which the site is located,
which is:
Intended to permit a compatible mix of land uses, planned
commercial developments and business parks, and a variety of
housing styles and densities.
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 proposed multi - family residential development would be
consistent with the provisions of the applicable Lincoln Avenue Specific
Plan's RM Residential Mixed Use District, which is designated for high
density residential uses (20 -30 units per acre). Also, the proposed (25 %)
density bonus would be consistent with State density bonus law.
(2) The proposed project would be consistent with the goals and
policies of the City of Cypress General Plan for the Specific Plan land use
designation where it is located. Further, the project would be consistent with
the goals, policies, and programs of the City's General Plan Housing
Element, which designates the project area for high density residential
development of 20 -30 dwelling units per acre.
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(3) There is sufficient infrastructure and public services to
accommodate the proposed residential development within the project
vicinity.
(4) The proposed residential development, as conditioned, would
not result in any significant effects relating to traffic, noise, air quality, or
water quality.
(5) In accordance with the California Environmental Quality Act
(CEQA) Guidelines, the proposed apartment development would consist of
an in -fill development on a project site which: contains Tess than five acres;
is surrounded by urban uses; contains no habitat for endangered or rare
species; and meets the criteria listed in items 5.b.1 -3 in this Resolution.
Therefore, the proposed project would be exempt from the provisions of
CEQA pursuant to Section 15332 of said Guidelines and a Categorical
Exemption, Class 32, would be filed upon approval.
c. The proposed multi - family residential project, as conditioned, will
comply with each of the applicable provisions of the Cypress Zoning Ordinance, and the
Lincoln Avenue Specific Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Design Review Committee Permit No. 3081, subject
to the conditions attached hereto as Exhibit "A ".
PASSED AND ADOPTED by the City Council of the Ci y of Cypress at a regular
meeting held on the 8th day of May 2017.
ATTEST:
JS(X I y)
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
Atiute/A)
AYOR OF THE CITY OF CYPRESS
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 8th day of May, 2017, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Yarc, Peat, and Morales
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
EXHIBIT "A"
DESIGN REVIEW COMMITTEE PERMIT NO. 3081
(67 Apartment Units)
4620 Lincoln Avenue
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 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 a certificate of occupancy being issued. (Planning)
1.6. The applicant shall obtain a Cypress business license prior to commencement of the
apartment business operation. (Finance)
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Exhibit "A"
Design Review Committee Permit No. 3081
Conditions of Approval
Page 2
1.7. All applicable conditions of the project shall be complied with prior to occupancy of the
subject building. (Planning)
1.8. 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
Design Review Committee Permit will require an amendment to the permit. (Planning)
2.3. The developer shall provide mailbox facilities for each residence - to the satisfaction of the
Director of Community Development and the Postmaster. (Planning)
2.4. This permit and conditions of approval may be modified 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. (Planning)
2.5.Guest parking spaces shall remain unassigned and not used for the storage of
inoperable vehicles or long -term parking for more than four consecutive days.
Restrictions for carport and guest parking spaces shall be included in the lease
agreements for the project. (Planning)
2.6. The applicant /developer shall construct new masonry block walls along the south
(rear) and west (side) property lines adjoining the light industrial use property. The
new wall height shall be eight feet as measured from the highest adjacent grade on the
subject property, except within the required front setback or driveway sight distance
triangle, as specified in the Lincoln Avenue Specific Plan and the Cypress Zoning
Ordinance. The developer shall contact the adjacent property owner(s) prior to
demolition of any existing walls /fences to explain the timing, process, and temporary
security provisions for the new wall construction. (Planning)
2.7. If a security gate system is installed, it shall be equipped with a "Click to Enter"
system providing 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 Authority prior to issuance of building permits. (Planning)
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Exhibit "A"
Design Review Committee Permit No. 3081
Conditions of Approval
3. Architectural
Page 3
3.1. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits. (Planning)
3.2. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted. The final exterior color scheme shall be submitted to City staff for review and
approval prior to actually painting the structure. (Planning)
3.3. Balconies shall not exceed six feet in width with one dimension. (Planning)
3.4. On -site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic. The intensity of exterior lighting levels shall
comply with Section 3.11.060 of the Cypress Zoning Ordinance. (Planning)
3.5. All roof mounted equipment, such as heating and air conditioning units, shall be adequately
screened from public view subject to the approval of City staff. Commercial or industrial
developments which adjoin residentially zoned areas shall construct noise bafflers and/or
deflectors on all mechanical equipment mounted outdoors to the satisfaction of City staff.
(Planning)
3.6. 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)
3.7. During construction, the developer shall provide an adequate number of trash bins at a
location acceptable to City staff. Construction bins must be maintained onsite. Bin rental
shall be contracted through the City's disposal services contractor. (Planning)
3.8. The project driveway shall consist of concrete and include a decorative pattern of
stamped, colored concrete, pervious pavers, or similar decorative material which is
consistent with the Final Water Quality Management Plan approved for the project.
(Planning)
3.9. A decorative garden wall (maximum 42 inches high) shall be constructed along the
Lincoln Avenue street frontage and shall include decorative masonry material, as
required by the Lincoln Avenue Specific Plan. (Planning)
4. Signage
4.1. The developer shall not erect or display on the subject property any signs which have not
been approved in writing by the Community Development Department. (Planning)
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Exhibit "A"
Design Review Committee Permit No. 3081
Conditions of Approval
Page 4
4.2. The installation and method of sign illumination shall be reviewed and approved by the
Planning Division and the Building and Safety Division. The business owner shall take the
appropriate measures to ensure that the illumination of the sign shall not create glare for
vehicular traffic. All electrical conduits, timer devices, and other electrical equipment shall
be buried underground or concealed within the sign. (Planning)
5. Landscaping
5.1. The applicant shall submit a detailed landscape and automatic irrigation plan to the
Cypress Planning Division for review and approval at least 90 days prior to issuance
of a certificate of occupancy. Enhanced landscaping shall maximize the amount of
trees and shrubs along the Lincoln Avenue street frontage. The use of annual color
plant material shall be provided at the entrance to the project site and the building.
The enhanced planting area will be subject to acceptance by the Community
Development Department. In addition, a bond shall be posted with Public Works 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 and the
City's Drought Response Management Plan. All irrigation shall be provided by a drip or
microspray system. (Planning)
5.3. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a
variety approved by the Director of Community Development. (Planning)
5.4. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas. (Planning)
6. Operational
6.1. The use of mechanical devices associated with the cleaning and maintenance of real
property shall be conducted in accordance with the Cypress Zoning Code. (Planning)
6.2. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited. (Planning)
6.3. The parking lot shall be used solely for vehicular parking, unless otherwise approved in
writing by the Director of Community Development. (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)
• Community Development Department • Planning Division •
Exhibit "A"
Design Review Committee Permit No. 3081
Conditions of Approval
Page 5
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 such that the buildings are free of broken,
missing or significantly cracked surface finished materials. (Planning)
7.5. The property owner shall maintain the site and all buildings, structures, walls, etc. free from
all graffiti. All graffiti shall be removed within 24 to 48 hours once notified in writing by
the City. (Planning)
7.6. The apartment management shall enforce the prohibition of non - operable vehicles
and /or outdoor storage in the parking areas. (Planning)
7.7. During daytime hours, owner shall provide onsite management personnel. For all
other times, owner shall provide onsite management personnel in one of the onsite
apartment units. The owner shall maintain an office within the building and it shall
not be removed without prior approval by the City Council. (Planning)
8. Fees
8.1. The applicant shall pay the following fees per Resolution No. 6118, as noted below.
(Engineering)
Park and Recreation (Prior to issuance of Building Permit)
Drainage Fee for Master Drainage Plan (Prior to issuance of Building Permit)
City-wide Traffic Improvement (Prior to issuance of Building Permit)
Regional Traffic Improvement (Prior to issuance of Building Permit)
Sanitary Sewer Connection (Prior to issuance of Building Permit)
Grading / On -Site (Non - Structural) Plan Check (Prior to submittal of Grading Plans)
Grading Permit and Inspection (Prior to Permit issuance)
Building Plan Check (Prior to submittal of Plans)
Building Permit and Inspection (Prior to Permit issuance)
Public Improvement Plan Check (Prior to submittal of Plans)
Public Improvement Permit and Inspection (Prior to Permit issuance)
8.2. Within 48 hours of the approval of this project, the applicant/developer shall deliver to the
Community Development Department a check payable to the County Clerk- Recorder in
the amount of $50.00 County administrative fee, to enable the City to file the Notice of
Exemption pursuant to Fish and Game Code §711.4 and California Code of Regulations,
Title 14, section 753.5. If, within such 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)
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Exhibit "A"
Design Review Committee Permit No. 3081
Conditions of Approval
9. Engineering
Page 6
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. In the event the developer's contractor
and/or subcontractor fails to diligently prosecute the work within the public right -of -way,
the City reserves the right, in its reasonable discretion, to issue a stop work notice and to
provide a substitute contractor and/or subcontractor to complete said work at the sole cost
and expense of developer. (Engineering)
9.2. Prior to issuance of grading permit, the applicant shall submit all public improvement plans
and grading plans per the Public Works 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 issuance of grading permit, the applicant shall not grant any easements over any
property subject to a requirement of dedication or irrevocable offer to the City of Cypress,
unless such easements are expressly made subordinate to the easements to be offered for
dedication to the City. Prior to granting any of said easements, the subdivider shall furnish a
copy of the proposed easement to the City Engineer for review and approval. Further, a
copy of the approved easement shall be furnished to the City Planner, prior to issuance of
grading permit. (Engineering)
9.4. When there are monuments in or near the project area which control the location of
subdivisions, streets or highways, or provide survey control, the developer shall locate and
reference the monuments and shall reset them after construction as required by Section
8771 of the Business and Professions Code, in a manner meeting the approval of the City
Engineer. (Engineering)
10. Landscaping within the Public Right -of -Way
10.1. The applicant or his successor in interest shall maintain the landscaping planted in the
public right -of -way located along the frontage of their property in a healthy condition.
(Engineering, Maintenance)
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Exhibit "A"
Design Review Committee Permit No. 3081
Conditions of Approval
11. Sewer and Wastewater
Page 7
11.1. The developer shall examine the existing lateral and provide proof that the capacity of
the lateral is sufficient for intended use. If the existing lateral is not useable or does not
have sufficient capacity, the developer shall construct a new public sewer lateral with a
publicly owned cleanout /manhole in the public right -of -way at a location approved by
the City Engineer. (Engineering)
11.2. Prior to issuance of grading permit, the applicant shall submit a sewer plan signed and
stamped by a registered civil engineer, detailing all the proposed public and/or private
sewer lines meeting the requirements of the City Design Standards for Sewer Facilities.
(Engineering)
11.3. All sewer lines within the development shall be private sewer lines and shall be maintained
and cleaned by the developer, or successor in interest. The City of Cypress shall have no
responsibility for maintenance of the private sewer lines. (Engineering)
12. Street Trees
12.1. Prior to the issuance of certificate of occupancy, the applicant shall install street trees that
are a minimum of 24 inch box in size in conformance with Section 25.29E of the Cypress
Municipal Code. (Maintenance)
12.2. 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)
12.3. The developer shall replace any existing street trees displaced by relocations or other utility
service point connections. The locations of the replacement trees shall be subject to City
staff approval. (Maintenance)
13. Street Lighting
13.1. The developer shall replace any existing street lights displaced by relocations or other
utility service point connections. The locations of the replacement street light(s) shall be
subject to City Engineer approval. (Engineering)
14. Streets
14.1. Prior to issuance of a certificate of occupancy, the applicant shall replace any deficient
sidewalk or driveway approaches or cause to fix any other frontage improvement located in
the public right -of -way that do not meet the requirements of the Americans with
Disabilities Act (ADA) and State of California Title 24. The applicant shall submit a plan
for any improvement, in consultation with or as required by the City Engineer, and obtain a
Public Works permit prior to any work within the public right -of -way. The applicant shall
grant an easement to the City for pedestrian purposes for any improvement such as
driveway approaches for compliance with ADA requirements. (Engineering)
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Exhibit "A"
Design Review Committee Permit No. 3081
Conditions of Approval
Page 8
14.2. Prior to issuance of a certificate of occupancy, the applicant shall remove and replace any
existing public improvements at the development site which have existing damage, are
damaged due to construction, or otherwise below current standards, to the satisfaction of
the City Engineer. (Engineering)
14.3. Traffic signs shall be installed per City Standards. (Engineering)
14.4. Areas subject to vehicle loading, including internal streets, driveways, etc., shall consist of
Portland Cement Concrete (PCC) unless an alternative material is approved in the project
WQMP for infiltration purposes. (Engineering, Planning)
15. Subdivisions — N/A
16. Traffic
16.1. The access driveway to the development shall be designed such as there is minimal
impact on the vehicle's tire upon ingress and egress from the driveway, as approved by
the Director of Community Development. (Engineering)
16.2. 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 public street right -of -way, the applicant shall obtain a public works permit.
(Engineering)
16.3. Prior to the issuance of any grading permits, the applicant shall provide adequate sight
distance per Engineering Standard Plan 204 and 205 at all street intersections,
driveways, and parkways, in a manner meeting the approval of the City Engineer. 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 City Engineer and City Planner. (Engineering)
16.4. Prior to the issuance of building permits, the applicant shall submit a traffic study for all
existing improvements and the proposed developments to analyze the effects of this
development and ultimate development. This study shall address the need for traffic
control devices, sight distance studies at the project driveway, ingress- egress, traffic
generation and distribution, and other traffic concerns. (Engineering)
16.5. Prior to the issuance of certificate of occupancy, the applicant shall construct the
modification to the raised center median on Lincoln Avenue between Sumner Place and
the project driveway to increase the capacity of the westbound left turn storage into the
project site, and installation of red curb in order to provide adequate sight distance to and
from the project driveway on Lincoln Avenue as indicated in the traffic report and as
required by the City Traffic Engineer. All costs for the improvements including but not
limited to design, construction and inspection shall be the responsibility of the applicant.
(Engineering)
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Exhibit "A"
Design Review Committee Permit No. 3081
Conditions of Approval
17. Utilities
Page 9
17.1. Prior to issuance of a 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
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. Upon completion of trench cap, Contractor shall
provide Type II Slurry Seal with 2.5% Polymer Modified (Rubber Latex) along the
entire property frontage, for the full width of Lincoln Avenue, per the approval of the
City Inspector. Contractor shall also be responsible for replacing all traffic striping and
legends in kind. (Engineering)
18. Drainage
18.1. Prior to issuance of grading permits, at the direction of the City Engineer, 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 City Engineer. (Engineering)
The applicant shall ensure the following requirements are met:
Drainage is solved to the satisfaction of the City Engineer.
The Grading Plan is consistent with the Water Quality Management Plan, Site
Plan and any Improvement Plan for proposed public storm drains.
Submittal of a Preliminary Grading Plan if deemed necessary by the City
Engineer.
The topography of the area surrounding this development shall be made to
establish existing drainage flow patterns.
The minimum slope standards are met for 1% for landscape areas, AC parking
areas 1.5 %, Concrete .2 %.
All surface runoff and subsurface drainage directed to the nearest acceptable
drainage facility, as determined by the City Engineer.
Drainage facilities discharging onto adjacent property shall be designed to imitate
the manner in which runoff is currently produced from the site or alternatively,
the applicant may obtain a drainage acceptance and maintenance agreement,
suitable for recordation, from the owner of said adjacent property.
All drainage facilities must be consistent with the County of Orange Grading
Ordinance as supplemented by the Engineering Division and Local Drainage
Manual.
Submittal of a drainage study, when determined necessary by the City Engineer,
evidencing that proposed drainage patterns will not overload existing storm
drains.
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Exhibit "A"
Design Review Committee Permit No. 3081
Conditions of Approval
Page 10
Submittal of drainage studies, when determined necessary by the City Engineer,
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 issuance of any grading permit, and if determined necessary by the City
Engineer, 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 applicant shall obtain approval of the form of the letter of consent from
the City Engineer before recordation of the letter. (Engineering)
18.3. Prior to the issuance of any grading permit, and if determined necessary by the City
Engineer, 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 City Engineer
prior to recordation of the letter. (Engineering)
18.4. Prior to the approval of final inspection, 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 City Engineer, 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 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 City Engineer. (Engineering, Water Quality)
19.2. For projects greater than one acre, prior to the issuance of any grading or building
permits, the applicant shall demonstrate compliance with California's General Permit for
Storm Water 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; or other proof of filing in a manner meeting the satisfaction of the
City Engineer. Projects subject to this requirement shall prepare and implement a Storm
Water Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept
at the project site and be available for City review on request. The applicant shall ensure
that the SWPPP is consistent with any City approved plan including the grading plan,
site plan, building plans, and water quality management plan. (Engineering, Water
Quality)
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Exhibit "A"
Design Review Committee Permit No. 3081
Conditions of Approval
Page 11
19.3. The applicant is directed to Chapter 13 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
Director of Community Development to the WQMP. The aforementioned documents are
available for download at 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)
19.4. Prior to issuance of 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 City Engineer, the applicant shall clean any public storm drain systems,
catch basins, filters, lines, inlet boxes that the City Engineer has determined have been
impacted by the applicant's construction. If clean -up is not performed, the City may
make arrangements to clean the system at developer's expense. (Engineering, Water
Quality)
19.5. Prior to the issuance of any grading or building permits, the applicant shall submit for
review and approval by the City Engineer, 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:
• Community Development Department • Planning Division •
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Exhibit "A"
Design Review Committee Permit No. 3081
Conditions of Approval
Page 12
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)
19.6. Prior to the issuance of a certificate of occupancy, the applicant shall demonstrate
compliance with the City's NPDES Implementation Program in a manner meeting the
satisfaction of the City Engineer and Water Quality Manager, including:
Demonstrate that all structural Best Management Practices (BMPs) described
in the BMP Exhibit from the project's approved WQMP 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 the issuance of a 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)
• Community Development Department • Planning Division •
Exhibit "A"
Design Review Committee Permit No. 3081
Conditions of Approval
Page 13
19.7. 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 City
Engineer 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)
19.8. The applicant shall construct new trash enclosure structure(s) to possess a solid covered
roof that prohibits stormwater to enter and then discharge from the enclosure. The
applicant shall obtain all required permits from the Building Department for construction
and also obtain final inspection to ensure it meets the above mentioned criteria prior to
the issuance of a final certificate of occupancy. (Engineering, Water Quality)
20. Building and Safety
20.1. Applicant/developer shall obtain the required permits and comply with applicable
provisions of the 2016 California Residential, Building, Plumbing, Electrical, and
Mechanical Codes, the 2016 California Green Building Standards Code, Title 24, and the
City of Cypress Codes. (Building & Safety)
20.2. Grading, demolition, and exterior building 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. If
complaints are received regarding noise from grading or demolition, further
restrictions may be imposed on the start time of construction by the Director of
Community Development, up to a 9:00 a.m. start time. 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 & Safety and Planning)
20.3. An automatic fire sprinkler system, approved by the Orange County Fire Authority, may be
required. (Building & Safety)
20.4. Applicant/developer shall comply with all disclosure requirements of the Orange County
Fire Authority for hazardous materials use and/or storage and the South Coast Air Quality
Management District for exhaustion of air contaminants. (Building & Safety)
• Community Development Department • Planning Division •
V
139
140
Exhibit "A"
Design Review Committee Permit No. 3081
Conditions of Approval
Page 14
20.5. Type 5 cement shall be used for all foundations and slabs on grade. (Building & Safety)
20.6. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. thick
moisture barrier. (Building & Safety)
20.7. 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)
20.8. 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. (Building & Safety)
20.9. Prior to 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)
20.10. Building plans shall be stamped by a licensed engineer. (Building & Safety)
20.11.A pre - grading SWPPP's inspection is required prior to grading permit issuance. All
required grading stormwater BMPs shall be installed and inspected by the building
division prior to release of the grading permit. (Building & Safety)
20.12.Prior to the issuance of a building permit, a security deposit of 3% of the valuation of the
project, with a minimum of $1,000 and maximum of $10,000, shall be provided to the
City to guarantee completion of the required construction and demolition waste
management plan and reporting. The security deposit shall be held by the City until a
final waste diversion report has been completed and approved. Failure to comply with
the diversion requirements set forth in the California Building and Cypress Municipal
Codes will result in forfeiture of the security deposit. Additional penalties and/or legal
action may be taken in the event of improper disposal of construction and demolition
waste or violation of the City's construction and demolition Ordinance. (Building &
Safety)
20.13. Construction activities shall be conducted so that noise will not disturb interment
ceremonies. Prior to starting construction, the developer shall provide Forest Lawn
Mortuary with a contact person with the authority to control the construction
schedule. The project contact person shall coordinate with Forest Lawn on a regular
established basis to ensure that the general contractor is aware of the schedule for
interment ceremonies. The general contractor shall schedule construction work so
that noisy construction activities do not occur during interment ceremonies taking
place in the cemetery area located across Lincoln Avenue north of the project
property. The Community Development Director shall have the authority to stop all
work if noise becomes an issue during interments. (Planning)
• Community Development Department • Planning Division •
Exhibit "A"
Design Review Committee Permit No. 3081
Conditions of Approval
21. Security
Page 15
21.1. The landscaping and lighting plans for the project shall also be subject to review by the
Cypress Police Department. (Police Department)
21.2. Security lighting shall be provided in the parking areas, public open space, and
driveways. Light fixtures shall also be provided above all entrance /exit doors of the
building. Security lighting shall comply with the footcandle standards set forth in
Section 3.11.060.0 in the Cypress Zoning Ordinance. (Police Department)
21.3. The apartment building owner shall install a high definition surveillance camera
system with audio capabilities, colored monitor, minimum 30 -day recording storage
capacity, and silent alarm. The security cameras shall cover all public areas of the
building interior and exterior, including the pool and parking areas. (Police
Department)
22. Antennas — N/A
23. Alcohol — On Sale — N/A
24. Alcohol — Off Sale — N/A
25. Fire
25.1. Prior to the issuance of a grading permit, the applicant or responsible party shall submit
the plans listed below to the Orange County Fire Authority for review. (OCFA)
• Fire master plan (service code PR145)
25.2. Prior to the issuance of a building permit, the applicant or responsible party shall submit
the plans listed below to the Orange County Fire Authority for review. (OCFA)
• Architectural (service codes PR200- PR285)
• Underground piping for private hydrants and fire sprinkler systems (service codes
PR470- PR475)
• Fire sprinkler system (service codes PR400- PR465)
25.3. Prior to concealing interior construction, the applicant or responsible party shall submit
the plans listed below to the Orange County Fire Authority for review. (OCFA)
• Sprinkler monitoring system (service code PR500)
• Fire alarm system (service codes PR500- PR520)
25.4. Lumber -drop Inspection: After installation of required fire access roadways and
hydrants, the applicant shall obtain clearance from the OCFA prior to bringing
combustible building materials on -site. Call OCFA Inspection Scheduling at
714 -573 -6150 with the Service Request number of the approved fire master plan at least
two days in advance to schedule the lumber drop inspection. (OCFA)
• Community Development Department • Planning Division •
D
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142
Exhibit "A"
Design Review Committee Permit No. 3081
Conditions of Approval
Page 16
25.5. Prior to the issuance of any certificate of use and occupancy, the fire lanes shall be
installed in accordance with the approved fire lane plan. (OM)
Effective: 5 -8 -2017
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 — On Sale
24. Alcohol — Off Sale
25. Fire
• Community Development Department • Planning Division •