Resolution No. 3593RESOLUTION NO. 3593
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING VESTING TENTATIVE TRACT MAP NO. 13228 AND DESIGN REVIEW
89 -1 WITH CONDITIONS.
WHEREAS, an application has been filed by Cypress
Homes, Inc., to subdivide a 149.3 acre site, the former Texaco
Tank Farm, into 671 numbered and 19 lettered lots to create 671
dwelling units and a community park. The property is bounded by
Orange Avenue to the north, Moody Street to the east, Denni
Street to the west and Ball Road to the south; and,
WHEREAS, the City Council considered evidence presented
by the applicant, City staff and other interested parties at a
public meeting held with respect hereto; and,
WHEREAS, 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 site is physically suitable for the proposed
density of development.
b. The site is physically suitable for the type
development proposed.
c. The design of the subdivision is compatible with
the surrounding environment.
d. The design of the subdivision shall provide, to the
extent feasible, for future passive or natural heating
or cooling opportunities; and,
WHEREAS, the proposed subdivision is in conformance
with the adopted Sorrento Specific Plan No. 88 -3; Development
Agreement NO. 88 -2; the Subdivision Map Act; and Section 25 -55 et
seq. of the Code of the City of Cypress Article IX, Chapter 25,
as it pertains to the development of single family dwellings;
and,
WHEREAS, the design and improvement of the proposed
subdivision as designated on the Vesting Tentative Tract Map and
supplemented by the conditions attached hereto as Exhibit "A ",
and incorporated herein by reference, and by the additional
condition set forth in Section 2 of this Resolution; and,
WHEREAS, 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, THE CITY COUNCIL OF THE CITY OF CYPRESS
DOES HEREBY RESOLVE, DETERMINE, ORDER AND FIND AS FOLLOWS:
SECTION 1.
SECTION 2.
Vesting Tentative Tract Map No. 13228 and
Design Review No. 89 -1 is hereby
approved, subject to the conditions in
Exhibit "A ", attached hereto and
incorporated herein by this reference as
if set forth in full, and Section 2, of
this Resolution.
Approval granted is conditioned upon the
minor modifications to the map regarding
the location of the street access and
park site configuration at the southwest
corner of the property, as set forth in
Exhibit "B ".
29
PASSED AND ADOPTED by the City Council of the City of
Cypress at a regular meeting held on the 26th day
of June 1989.
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE
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 City Council held on the 26th day
of June 1989, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CI Y CLERK •F THE ITY OF CYPRESS
EXHIBIT "A"
VESTING TENTATIVE TRACT MAP NO. 13228
CONDITIONS OF APPROVAL
June 12 1989
The Conditions of Approval are broken out into four
implementation phases to provide the applicant with an overall
picture of map conditions and issues to be addressed throughout
the project. This format resolution will also facilitate
monitoring of conditions and mitigation measures and help to
expedite the review process. Index to conditions is as follows:
Phase I. Prior to Final Map Approval
Phase II. Prior to Issuance of Grading Permits
Phase III. Prior to Issuance of Building Permits
Phase IV. Prior to Certificate of Occupancy
General Conditions
pages 2 to 8
9 to 11
12 to 20
21 to 23
24 to 27
Each phase is subdivided into five categories, such as, A.
GENERAL CONDITIONS, B. ENVIRONMENTAL CONDITIONS, C.
UTILITIES /STREET IMPROVEMENTS CONDITIONS, D. DESIGN CONDITIONS -
(Tentative Tract Map and Site Plan), and (E) CONSTRUCTION
CONDITIONS.
In order to provide you with the source of each condition,
conditions have been coded; i.e., conditions from the Sorrento
Specific Plan are coded (SP), conditions originating through
design review are coded (DR), Environmental Impact Report
mitigation measures are coded (EIR), and so on. Please refer to
Exhibit "B" Source of Conditions attached.
Note that 1) quoted conditions are verbatim from respective
source document; 2) conditions marked with an asterisk were
reworded to facilitate implementation; 3) conditions with no
asterisk or quote are conditions originated through the design
review process imposed by Design Review Committee; and, 4) this
resolution includes only planning type conditions, it does not
include specific planckeck corrections, for that the final map,
improvement plans, grading plans and architectural working
drawings will be plan checked at a later time.
Page 1
32
PHASE I. CONDITIONS TO BE MET PRIOR TO APPROVAL OF FINAL MAP
A. GENERAL
(MC2)* 1. Within twenty -four (24) months from tentative tract
map approval, the subdivider shall file a final map
prepared in accordance with subdivision requirements
of the Cypress Municipal Code, the State Subdivision
Map Act, and applicable conditions herein unless an
extension is granted pursuant to Section 25 -10 of the
Cypress Subdivision Ordinance.
(MC2)* 2. Subdivider shall submit a current title report at the
time the final map is submitted.
(MC3)* 3. Prior to recordation of any final map, subdivider
shall pay for processing, plan check and inspection
fees for all public and /or private infrastructure
improvements.
(EIR) 4. "Representatives of the developers, the City staff,
and representatives of the Cypress School District,
will meet to explore specific needs, school facilities
fee and Mello -Ross district possibilities."
(EIR) 5. "The City may form a Mello -Ross Community Facilities
District, which may be used to finance an expansion of
services, including facility and /or salary need, if
determined to be a necessary step in project
development."
(EIR)* 6.
"Anaheim Union High School District will collect fees
of 78 cents per square foot for each square foot of
new residential development (subject to the
limitations of State Law, AB 2926)."
(DR) 7. Please provide status of negotiations with the School
District related to mitigation measures no. 5 and 6
above.
(DR)
8. Provisions for maintenance of community facilities and
landscaping shall be in place (maintenance assessment
district formed) prior to final map approval.
(DR) 9. Final Map shall not be certified unless site
remediation plan is complete according to all local,
State and Federal law requirements.
Page 2
B. ENVIRONMENTAL
(None at this time.)
C. UTILITIES /STREET IMPROVEMENTS
33
(MC2) *10. Prior to approval /recordation of final map, the
Subdivider shall prepare plans for and construct or
post security guaranteeing construction of all
applicable public and /or private, infrastructure
improvements within the boundary of said tract map in
conformance with applicable City and Sorrento Specific
Plan standards, including but not limited to the
following:
- Curb and gutter /cross gutters
- Sidewalks including wheelchair ramp at all corners.
- Drive aprons /approach
- Street paving
- Street signing and paving
- Street names and addresses
- Landscaping /irrigation facilities
- Sanitary sewer service facilities
- Domestic water service facilities
- Utility connections (i.e., gas, electric, and
telephone facilities)
- Traffic signal systems and other traffic control
devices
- Street and sidewalk lighting
- Storm drains and subdrains
- Undergrounding of existing and proposed utility
distribution lines
- Cable Television cables
- Lot monumentation
- Fire hydrants
Page 3
34
- Bus turnouts and other facilities such as bus
benches in accordance with Orange County Transit,
and Public Works Department. Turnout Design
Guidelines, subject to approval of City Engineer as
to need and location. Approval from the Planning
Department shall also be required on the actual
architectural design on any installed bus stop
improvements.
- The amount of acceptable security for construction
of public improvements shall be reviewed and
approved by the City Engineer. Cash deposits for
private improvements shall be submitted by applicant
and reviewed and approved by the Building Official.
Said deposits are due prior to completion of final
construction phases.
(SP)* 11. Sorrento Specific Plan requires a specific provision
of a cash bond or irrevocable letter to ensure that a
permanent drainage facility will be built prior to the
end of a 5 -year period. Provide an engineer estimate
to be evaluated by the City, prior to acceptance of
cash bond.
(MC2) *12. The subdivider shall satisfy dedication and /or
easement requirements as applicable, including but not
limited to dedication of all required street and flood
control right -of -way easements, vehicular access
rights, sewer easements and water easements defined
and approved as to specific location by the City
Engineer and other utility companies such as
telephone, Edison, etc.
(DR) Dedications for streets, easements, lots, etc., shall
be made to the City of Cypress as follows:
1. Street "A" - 72' total right -of -way
2. Streets "B" thru "K" - 50' total right -of -way
(including 5' sidewalks)
- 46' total right -of -way
on cul -de -sac streets
3. Streets "B" thru "KK" shall include a 6' wide
easement for sidewalk, tree planting and public
utility purposes, on each side of the street.
4. The minimum property line radius for cul -de -sacs
shall be 43'
5. Orange Avenue - 89' total right -of -way
6. Moody Street - 109' total right -of -way
7. Ball Road - 109' total right -of -way
8. Lot "A" - Approximately 6.3 acres, shall be
dedicated as a community park site
9. Lots "C" and "D" - Shall be dedicated as extra
open spaces
Page 4
3
10. Lots "E" thru "S" - Shall be dedicated for
landscaping and public utility purposes
11. Public Utility and Pedestrian access - 30' wide,
located at east end of "Z" street
12. Corner Cut -Off - Shall be dedicated at the
intersection of local and arterial streets
13. Vehicular access rights - To surrounding arterial
streets except at street intersections
14. Vehicular and pedestrian access rights - To
interior streets from rear private property lines
15. Sewer easement - 10' wide at the north end of "AA"
and ewest end of "U streets
(DR) 13. Prior to recordation of the final map, subdivider
shall post with the Public Works Department a minimum
$2,000 cash deposit or letter of credit to guarantee
the sweeping of streets and cleanup of streets
affected by construction activities. In the event this
deposit is depleted prior to completion of development
or City acceptance of public streets, an additional
incremental deposit will be required.
(DR) 14. "Prior to the recordation of a final tract map, water
improvements plans shall be submitted to and approved
by the Fire Chief for adequate fire protection and
financial security posted for the installation. The
adequacy and reliability of water system design,
location of valves, and the distribution of fire
hydrants will be evaluated in accordance with
Insurance Services Office suggested standards
contained in the "Grading Schedule" for Municipal Fire
Protection ".
(DR) 15. "Prior to the recordation of a final map, fire
protection access easement, shall be approved by the
Fire Chief and dedicated to the County of Orange.
(EIR) 16. "At future planning stages, the developer will
investigate implementing the appropriate 'reasonably
available control measures, which the County Board of
Supervisors adopted to support on April 15, 1980,
including:
Energy conserving street lights;
Traffic light synchronization;
Ridesharing; and
Bicycle /pedestrian facilities to reduce vehicle miles
traveled."
Page 5
3,
(DR)
Developer should submit a report describing the
appropriate implementation of mitigation measures
above.
(EIR) *17. "In order to maximize transit accessibility for
residents and visitors to the proposed project, OCTD
encourages the project proponent to incorporate the
following transit features in the project."
(DR)
- Bus stops should be provided consistent with the
OCTD, recommended Design Guidelines for Bus
Facilities. Most particularly, a paved passenger
waiting pad and shelter shall be provided at each
stop, at the discretion of the City's Public Works
Department.
- "Maintain a high level of service along arterials by
restricting parking and controlling roadway access."
- "Left turn pockets will require striping for traffic
on Moody Street, Orange Avenue and Ball Road
desiring to turn left into the site."
Please address the implementation of mitigation
measures above in a letter to the Public Works
Director.
(EIR) 18. "Cypress Homes, Inc. will coordinate efforts with
Pacific Bell to assure adequate service to the project
area during the project construction activity."
(EIR) *19.
(DR)
"Utility companies will utilize the same trenches as
much as possible when relocating and /or upgrading
their respective facilities to minimize the use of
diesel fuel and to minimize the underground
congestion, during this phase of project
implementation ".
Developer /builder shall verify progress of
implementation of utilities and report to the Director
of Public Works.
(EIR) 20. "In order to lessen the impacts due to solid waste,
the project design will consider means of reducing the
amount of solid waste generated both during
construction and when the project is in use. Low
maintenance landscaping, efficient use of materials,
optional trash compactors, and use of recycled
materials to assist in reducing the amount of waste
generated. In addition, as a result of A.B. 2020
(Bottle Bill) the public may recycle and the amount of
solid waste will thereby be reduced."
Page 6
37
(DR) Please address the mitigation measure above in a
letter to the Planning and Public Works Directors.
D. DESIGN
(None at this time. Specific design corrections /conditions
related to the final map will be developed at time of plancheck
of final map. For that final map shall be consistent with
previously approved tentative map.)
E. CONSTRUCTION
(None at this time. Same as above.)
F. CC &R's
(DR) 21. Prior to approval of the final map, all organizational
documents for the project including any deed
restrictions, covenants, conditions and restrictions
(CC &Rs) shall be submitted to and approved by the
Planning Director, Public Works Director, and City
Attorney. A copy of such document shall be submitted
to the City upon recordation. CC &R's shall include,
but not be limited to, the following provisions:
The City shall be included as a party to the CC &R's
for enforcement purposes. However, the City shall
not be obligated to enforce the CC &R "s.
- Architectural controls which shall include but not
be limited to provisions resulting roof materials,
exterior finishes, walls, fences lighting,
landscaping, etc.
Non - automotive vehicles, boats, trailers, or non -
automotive storage shall not be allowed in any
parking, driveway or private street area. Any
vehicle with a width in excess of 84 inches shall
not be allowed in any parking, driveway, or private
street area except for purpose of loading,
unloading, making deliveries or emergency repairs.
Lots with rear yards abutting a street must
relinquish the right of vehicular and pedestrian
property access through the backyard.
Page 7
38
- Any construction repair, modification, or alteration
of any buildings, equipment, structures, or
improvements on the property subject to a building
permit shall be subject to the approval of the City
of Cypress Planning Department prior to building
permit issuance.
- Applicant shall provide requirements related to the
control and maintenance of block walls and lot
fencing, since there will not be a homeowners
association.
- All owners shall be required to provide subsequent
prospective owners with disclosure information.
- The CC &R's shall contain provisions which prohibit
obstructions within the fire protection access
easement and also require Fire Chief approval for
any modifications such as speed bumps, control
gates, or changes in parking plan within said
easement.
- The CC &R's shall contain provisions prohibiting the
installation of Satelite Dish Antenas which are
visible from the street or from adjacent neighboors.
- No Amendments of CC &R's without City approvals.
Page 8
PHASE II - CONDITIONS TO BE MET PRIOR TO GRADING 39
PERMITS
A. GENERAL
(DR) 22. Building permits for model homes may not be issued
prior to approval of rough grading permit. A precise
grading plan is required for the model homes site
area.
(DR) 23. Preparation and submittal of a grading plan is subject
to approval of the Department of Public Works,
delineating the following information:
. Grading plan shall be consistent with tract map.
. Methods of drainage in accordance with all
applicable City standards.
. All recommendations submitted by geotechnical or
soil engineer and specifically approved by them.
. Compliance with conceptual grading shown on
Tentative Tract Map.
. A drainage plan and necessary support documents
such as hydraulics and hydrology calculations.
. All flood hazard areas of record.
. A note shall be placed on the grading plan general
notes requiring Department of Public Works approval
of grading prior to final clearance for foundations
of model homes. The Department will inspect the
site for accuracy of elevations, slope gradients,
etc., and will require certification of grades.
. A precise grading plan for the entire site is
required to be submitted and approved by the Public
Works Director and by the Building Official.(Model
home permits may be issued prior to completion of a
precise grading plan.)
(EIR) *24. Prior to rough grading permit issuance, a final,
detailed geotechnical investigation shall be
submitted. This report shall, to the satisfaction of
the City, identify any specific onsite geologic
constraints and appropriate feasible mitigation
measures. The report shall include discussion of
removal of alluvium and colluvium and any other
unsuitable materials for project development, if
necessary. This may include compressible soil or
Page 9
soils, and shall be approved by the City Engineer and
Building Official conforming to the requirements of
the Uniform Building Code, and all other applicable
State and local regulations.
B. ENVIRONMENTAL
(EIR) 25. "Cypress Homes, Inc. shall, to the satisfaction of the
City, implement the necessary measures to minimize
project erosion impacts throughout project
development. The applicant shall conform to all
applicable regulations, ordinances and other documents
governing erosion control. The erosion control
measures may include one or more of the following:
(a) Placing sandbags along the perimeter of the
project site prior to initial grading if grading
is to be undertaken during the rainy season.
(b) Minimizing the length of time that soils lie
exposed.
(c) Revegetating (landscaping, hydroseeding or any
other method of providing vegetative cover)
graded areas in a manner approved by the City if
determined to be . required for erosion control in
areas not planned for development until
subsequent phases. Landscaping and hydroseeding
should be under the direction of a licensed
landscape architect and approved by the City."
(DR) 26. A detailed Erosion Control plan for buildout period
incorporating all requirements described in mitigation
measures above shall have been approved prior to
issuance of grading permit.
(EIR) 27. "If any hazardous substances not previously addressed
in the mitigation measures contained herein are
identified and /or released to the environment at any
point during the site cleanup process, all operations
shall cease immediately. At the earliest possible
time, the Developer shall notify the City of Cypress
City Manager and Planning Director of any such
findings. The Developer shall also notify other
appropriate agencies including the State of California
Health Department. Upon notification of all
appropriate agencies, a course of action will be
determined subject to the approval of the City."
Page 10
C. UTILITIES /STREET IMPROVEMENTS
(None at this time.)
D. DESIGN
(To be completed at the time precise grading plans are
reviewed.)
E. CONSTRUCTION
(None at this time. Same as above.)
Page 11
41
42
A. GENERAL
PHASE III. CONDITIONS TO BE MET PRIOR TO
ISSUANCE OF BUILDING PERMITS
(SP1) 28. "The precise school fees for the specific plan shall
be calculated and paid prior to issuance of building
permits."
(SP1) *29. Prior to issuance of any building permits, payment
shall be made of all required fees, including:
- All applicable building plan check and permit fees.
- Sanitary sewer and water connection fees.
- "The developer shall contribute an amount not less
than $500,000 for park improvements. Improvements
shall include grass and specimen tree landscaping,
an automatic irrigation system, concrete walkways,
pathway lighting, a restroom /storage structure and a
tot lot. The precise plan for these improvements
shall be reviewed and approved by the Cypress
Recreation and Community Services Commission.
Construction and completion of all improvements
shall be done during Construction Phase I of the
development."
(DR) 30. When submitting working drawings for plan check, do it
in the following order:
1. Precise grading plan for specific residential
area or model home site, as applicable.
2. Architectural plans, including: Phasing plan,
electrical, plumbing, mechanical, structural,
landscaping /irrigation, and a construction level
site plan. The construction level site plan shall
include general notes. General notes shall include
summary of all environmental analysis and required
mitigation measures; i.e., noise, seismic, etc.
3. Street improvement plans, including: water, sewer
and storm drain.
(DR) 31. Prior to issuance of building permits, project street
names and addresses shall be in place to facilitate
inspections and general provisions of public services,
such as police protection.
Page 12
(DR) 32. Prior to issuance of building permits, plans for
residential fire extinghishing system for lot 314
shall be approved, unless an alternative solution is
accepted by the Fire Chief. Such systems shall be in
operation prior to the certificate of occupancy.
(DR) 33. Submit a Construction Site Phasing Plan as part of
architectural working drawings. Prior to the approval
of the phasing plan be sure to obtain a temporary use
permit to allow a model home office to operate in a
residential zoned area. The phasing plan shall
include:
- Number and location of office trailer project main
access.
- Location of model homes.
- Parking plan, trap fencing and landscaping plan.
- Location of temporary drainage retention basin.
- Provide phasing of development to be consistent with
the Sorrento Specific Plan and approved Vesting
Tentative Tract Map. Provide for visual and written
description of phases and respective street
improvements to be installed in that phase; i.e.,
recreation area to be completed in Phase I, street
improvements on Orange Avenue in Phase II, etc.
- Location and design of fencing to secure /isolate
construction from the neighborhood and to separate
the construction phases.
- Route of construction trucks.
- Plans for hydroseeding and irrigating portion of
site which will be vacant over a 6 -month period.
- Plan for erosion control measures on vacant land.
(SP1) 34. "A precise landscape and irrigation plan for the
perimeter and internal collector parkways shall be
reviewed and approved by the Public Works Department
prior to the issuance of building permits."
(DR)
Landscaping plan shall provide location and screening
for all visible utilities and mechanic equipment, such
as electrical transformers, water valves, etc. (Refer
to condition 62 to 67 of Phase IV, for further
Landscaping conditions.
Page 13
43
44
B. ENVIRONMENTAL
(SP1) 35. "Prior to issuance of building permits, developer
shall provide, in form and substance satisfactory to
staff and the City Attorney, (1) a certification of
completion of site remediation which meets all local,
State and Federal requirements; (2) a disclosure
notice to be recorded on all parcels before opening of
escrow and provided to prospective buyers, giving the
past use of the property and site remediation
measures; and (3) an indemnification assurance to the
City from developer or Texaco covering any future
hazardous waste cleanup required on the site or
associated with it and any and all claims or
liabilities arising or alleged to arise from the
former use of the site or the site remediation
measures."
(EIR) 36. "Project construction activities will comply with
applicable Noise Ordinance restrictions designed to
protect quiet residential areas from stationary noise
sources. This limits construction hours to between 7
a.m. to 5 p.m., Monday through Friday and 9 a.m. to 5
p.m. on Saturdays (construction activities are not
permitted on Sundays or holidays)."
(EIR) 37. "All State and local standards for exterior and
interior noise exposure will be met, through
implementation of the following measures:
Prior to building permit issuance, Cypress Homes,
Inc. shall provide a detailed noise assessment. The
noise assessment shall be to the satisfaction of
the City and evaluate project and cumulative noise
impacts without structural mitigation measures,
identify the degree of noise protection from the
proposed wall, and if necessary, provide additional
noise reduction measures to comply with State and
local noise standards. Additional measures may
include upgrading the proposed wall or providing
window upgrades ".
(DR)38. A detailed noise assessment will be required to
determine final interior noise mitigation measures
when architectural working drawings are submitted.
Mitigation measures will be required for all homes
requiring an outdoor - indoor noise reduction greater
than 20dB. In case second floor balconies are
installed further exterior noise barriers will also be
required.
Page 14
(DR) 38. Architectural working drawings shall specify all
security fixtures used in the project, according to
Security Report and Police recommendation.
C. UTILITIES /STREET IMPROVEMENTS
(DR) 40. "Prior to issuance of building permits for combustible
construction, evidence that a water suply for fire
protection is available shall be submitted to and
approved by the fire Chief. Fire hydrants shall be in
place and operational to meet required fire -flow prior
to commencing construction with combustible
materials ".
(EIR) *41. "Cypress Homes, Inc. shall construct all streets
internal to the project to full ultimate cross -
sections as adjacent development occurs "; as defined
in the Specific Plan.
(EIR) 42. "Along the project boundary, Moody Street will be
constructed to its ultimate half- section width in
conjunction with development."
(EIR) 43. "Landscape plantings and signs will be limited in
height within the vicinity of project roadways to
assure good visibility."
(EIR) 44. "A STOP sign will be installed at. on site egress
roadways to Orange Avenue and Denni Street."
(EIR) *45. "Construct the Moody Street Ball Road connector as a
collector roadway (44 feet curb to curb, 72 feet
right -of- way)."
(SP)* 46. The above listed street improvements are anticipated
to be implemented in different phases as follows:
Construction Phase I. Improvements to Ball Road, and
Moody Street from Internal Collector to Orange Ave.
and Denni Street; Construction of the Internal
Collector and local streets serving Phase I
residential area. Mass grading of entire site,
utilities, temporary retention basin and traffic
signal at Ball road; Improvements to Community Park
(and Orange Ave. from project entry to Moody Street.)
The installation of the traffic signal at Moody
Street/ Internal Collector intersection will be
deferred until warranted. The signal will be built
when necessary.
Page 15
Construction Phase II. Improvements on Orange Avenue
along the project's northern boundary. Moody Street
from project entry until Ball Road.
(DR) 47. The temporary drainage facilities, as described in
"Section G. Drainage Plan" of the Sorrento Specific
Plan, shall be completed prior to issuance of Building
permits, except for models. Drainage is part of rough
grading work and can be completed during construction
of models.
(EIR) 48. "The following State laws require water - efficient
plumbing fixtures in structures:
- Low -flush toilets and urinals are required in
virtually all buildings (as required in Health and
Safety Code Section 17921.2)
- Efficiency standards must be met that give the
maximum flow rate of all new shower heads, lavatory
faucets, and sink faucets, as specified in the
standard approved by the American National Standards
Institute on November 16, 1979 (pursuant to Title
20, California Administrative Code Section 1604(f)
(Appliance Efficiency Standards).
- No new appliance may be sold or offered for sale in
California that is not certified by its manufacturer
to be in compliance with the provisions of the
regulations establishing applicable efficiency
standards (Title 20, California Administrative Code
Section 1606(b) (Appliance Efficiency Standards).
- Installation of fixtures is prohibited unless the
manufacturer has certified to the CEC compliance
with the flow rate standards (Title 24 of the
California Administrative Code Section 2- 5307(b).
- Pipe insulation is required to reduce water used
before hot water reaches equipment or fixtures.
Insulation of water heating systems is also required
(Title 24, California Administrative Code Section 2-
5352(i) and (j).
- Installation of residential water softening or
conditioning appliances is prohibited unless certain
conditions are satisfied. Included are the
requirements that, in most instances, the
installation of the appliance must be accompanied by
water conservation devices on fixtures using
softened or conditioned water (Health and Safety
Code Section 4047).
Page 16
4?
- Lavatories in all public facilities (such as the
park site) constructed after January 1, 1985, must
be equipped with self - closing faucets that limit
flow of hot water (Government Code Section 7800).
- Measures to be implemented where applicable include
the following:
- Supply line pressure: Water pressure greater than
50 pounds per square inch (psi) will be reduced to
50 psi or less by means of a pressure- reducing
valve.
- Laundry facilities: Water- conserving models of
washers should be used, if provided by the
developer.
- Ultra -low -flush toilets: 1 -1/2 gallons per flush
toilets will be installed.
(DR) Please indicate compliance with State laws regarding
plumbing water efficient fixtures and show page number
on the working drawings for verification purpose.
(EIR) 49. "Energy conservation practices, as required by the
Subdivision Map Act, shall be incorporated into the
design of the project to have the secondary effect of
limiting stationary source pollutants both on and off
site. Cypress Homes, Inc. should consider additional
energy conservation measures, as indicated in Section
IV.1, PUBLIC UTILITIES AND SERVICES."
(EIR) 50. "Future phases of development shall comply fully with
the Rules and Regulations mandated by SCAQMD ".
(EIR) 51. "All buildings construction in the Amendment Area
shall comply with the Energy Conservation Standards
set forth in Title 24 of the California Administrative
Code. The following mitigation measures are also
recommended:
- Energy efficient appliances and low -flush or water -
saving plumbing fixtures should be installed in all
new residences.
- Walls, ceilings, windows and hot water will be
insulated to prevent heat loss /gain.
- Energy efficient lighting (e.g., high pressure
sodium outdoors and fluorescent indoors) should be
used rather than less efficient types of lighting.
Page 17
4S
- Nonessential, ornamental lighting should be avoided
as much as possible."
(EIR) 52. "Hot water systems, to the extent feasible, will be
designed to utilize alternative energy sources (e.g.,
solar energy collections). Should such systems be
deemed infeasible at the time of initial construction,
building design should incorporate provisions to allow
them to be easily accommodated /installed at a later
date by project residents."
(EIR) 53 "Landscape design shall be tailored, where feasible,
to use requirements of individual structures, with the
intent to minimize heat gain in summer and maximize
heat gain in winter, and promote air circulation for
heating /cooling purposes."
(DR)
Please indicate how recommendation has been taken into
consideration and provide page number on the working
drawings for verification.
(EIR) 54. "The Southern California Edison and Southern
California Gas Companies have energy management
programs that provide assistance to developers in
selecting the most effective applications of energy
conservation techniques which can be incorporated into
project designs during the preliminary planning stages
of proposed developments. These energy- saving
measures are readily available, easier to install
during construction, and will not necessarily raise
long -term costs. It is recommended that Cypress
Homes, Inc. consult these agencies for such
information."
(EIR) 55. "No mitigation measures are proposed with regard to
natural gas; however, project planners and architects
should consider the most energy efficient applications
or systems for the project."
(EIR) 56. "To the satisfaction of the City, Cypress Homes, Inc.
will incorporate all possible flow measures into the
project, as recommended by the County Sanitation
District's staff."
(EIR) 57. "The Sanitation District is empowered by the
California Health and Safety Code to charge a fee for
the privilege of connecting to the District's sewerage
system. Payment of a connection fee by the developer
will be required before a permit to connect to the
sewer is issued."
Page 18
D. DESIGN
49
(DR)58..Below are listed physical security measures which help to
reduce criminal opportunity. The measures follow the
California Model Building Security Ordinance(CMBSO)
and shall be applied to the subject project.
(1) Address Numbers
Shall be illuminated, minimum 4" in height, of
contrasting color to their background, and placed in a
prominent location that is visible to approaching
emergency vehicles. The numerals and a light source
shall be contained within a single, weather - resistant
fixture providing illumination of the numerals during
all hours o darkness.
(2) Door construction and Locks
Except for vehicular access doors, all exterior
swinging doors and the door leading from the garage
area into the dwelling unit shall:
(a) Be a solid core construction wth a minimum
thickness of 1 3/4 inches and have panels not less
than 9/16 inch thick. Glass in the door must be
tempered (minimum ANSI Z 97.1).
(b) Have single cylinder deadbolts with bolts
having a minimum projection of one (1) inch and be
constructed so as to repel cutting tool attack. The
deadbolt shall have an embedment of at least 3/4 inch
into the strike receiving the projected deadbolt. The
cylinder shall have a cylinder guard, a minimum of
five(5) pin tumblers, and shall be connected to the
inner portion of the lock by connecting screws, of at
least 1/4" in diameter. Stainless steel screws,
minimum 1/8" in diameter, may also be used. A dual
locking mechanism constructed so that both deadbolt
and latch can be retracted by a single action of the
inside door knob, or lever, may be substituted,
provided it meets all other specifications for locking
devices.
(c) Have strike plates for deadbolts constructed
of minimum sixteen(16) U.S. gauge steel, bronze, or
brass and secured to the jamb by a minimum of two
screws which must penetrate at least two(2) inches
into solid backing beyond the surface to which the
strike is attached.
Page 19
(d) Have door jambs installed with solid backing
in such a manner that no voids exist between the
strike side of the jamb and the frame opening for a
vertical distance of six(6) inches each side of the
strike.
(e) Utilize horizontal blocking between studs at
door lock height for three(3) stud spaces each side of
the door openings.
(f) Have jambs of one piece construction.
(g) Have the inactive leaf of double door(s)
equipped with metal flush bolts having a minimum
embedment of 5/8 inch into the head and threshold of
the door frame.
(3) Door viewers
Except where clear vision panels are installed, all
front exterior doors shall be equipped with a wide
angle(180o) door viewer, not to be mounted more than
58 inches from the bottom of the the door.
(4) windows and Sliding Glass Doors
(a) Openable exterior windows and sliding glass
doors must meet the forced entry testing requirements
of the California Model Building Security Ordinance
(Jan. 1978) .
(b) Louvered windows shall not be used, when a
portion of the window is less than 12 feet vertically
or 6 feet horizontally from an accessible surface or
any adjoining roof, balcony, landing, stair tread,
platform, or similar structure.
(5) Compliance warranty must be filed with the
Building Department stipulating all security measures
have been installed in accordance with these
requirements, and the manufacturer's instructions for
installation have been followed.
For monitoring of other design conditions applicable to this
phase of the project, please refer to related
plancheck corrections of working drawings.
E. CONSTRUCTION
(Same as above.)
Page 20
PHASE IV. PRIOR TO CERTIFICATE OF OCCUPANCY
A. GENERAL
(DR) 59. Prior to occupancy of units, the Subdivider shall
record a final map in conformance with appropriate
Vesting Tentative Tract Map.
(DR) 60. Prior to issuance of any Certificate of Occupancy for
any industrial unit or group of units, field testing
in accordance with Titles 24 and 25 regulations may be
required by the Building Official to verify compliance
with interior noise levels, and energy conservation
regulations.
(DR) 61. The issuance of Certificate of Occupancy for any unit
or group of units, depends upon (1) compliance with
all approval conditions, applicable to previous phases
of the project; (2) compliance with any other
condition which may be missing in this Exhibit, but is
an applicable condition and is included in documents
developed to process the approval of this project;
i.e., Environmental Impact Reports, Sorrento Specific
Plan, Zoning Changes, City Council Report, Approval
Resolutions, etc.
(DR) 62. Subdivider shall notify all potential buyers of the
following districts:
- Landscape Maintenance District.
- Community Facilities District.
- Lighting District.
(DR) 63. The Subdivider shall submit a document separate from
the Deed which will be an information notice or a
disclosure of issues pertinent to home buyers. The
document shall be incorporated in the sales literature
and shall be reviewed and approved by the Planning
Director. The document will provide information on
the following:
- Water contaminants and soil contaminants.
- Seismic nature of area (liquefaction problems).
- Schools existing in the area.
- Parks existing and to be built.
- Noise levels
Page 21
52
- Ground water elevations.
(EIR) 64. "The proposed development will be subject to design
guidelines and reviews to ensure compatibility and
consistency with the visual image of the community.
These guidelines include recommendations for berming,
landscaping, setbacks, buffering, etc., according to
the specific plan."
(DR) 65.
(DR)
A final /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. Certificate of occupancy for one unit or
phase will not be issued until respective planting is
completed.
Final landscaping plan shall be consistent with the
Specific Plan and shall be submitted concurrently with
the architectural working drawings. The landscaping
assessment district portion of the plan should have
been approved prior to building permit issuance.
(EIR) 66. "The provision of a landscaped buffer area on the
project half -width of adjacent roadways and the
internal collector road will further reduce on site
and off site noise impacts, in addition to offsetting
potential land use and aesthetic impacts."
(DR) 67. Final landscape plan shall include design details on
said landscape buffer.
(DR) 68. Final landscape plan shall include detail of landscape
treatment for the pedestrian access connecting "Z"
Street to Moody Street.
(EIR) 69. The Final Landscape /Hardscape plan shall incorporate
the following mitigation measures recommended for
planting /landscaping and irrigation, according to the
Environmental Impact Report (EIR).
"Landscape with low water -using plants wherever
feasible."
"Minimize use of lawn by limiting it to lawn- dependent
uses, such as playing fields. When lawn is used,
require warm season grasses."
Page 22
"Group plants of similar water use to reduce over -
irrigation of low- water -using plants."
"Provide information to occupants regarding benefits
of low- water -using landscaping and sources of
additional assistance."
"Use mulch extensively in all landscaped areas. Mulch
applied on top of soil will improve the water - holding
capacity of the soil by reducing evaporation and soil
compaction."
"Preserve and protect existing trees and shrubs.
Established plants are often adapted to low- water-
using conditions and their use saves water needed to
establish replacement vegetation."
"Install efficient irrigation systems that minimize
runoff and evaporation and maximize the water that
will reach the plant roots. Drip irrigation, soil
moisture sensors, and automatic irrigation systems are
a few methods of increasing irrigation efficiency."
"Use pervious paving materials whenever feasible to
reduce surface water runoff and to aid in ground water
recharge."
"Grade slopes so that runoff of surface water is
minimized."
"Investigate the feasibility of using reclaimed
wastewater, stored rainwater, or grey water for
irrigation."
(DR) Show documentation of this investigation.
Page 23
53
54
GENERAL CONDITIONS
(SP1) 70. "The specific community park site dedication
consisting of approximately 6.3 acres including
improvements shall be determined by the City Council
at the time of tentative tract map review and
approval ".
(SR)* 71. Park design security conditions:
In order to increase surveillance opportunities into
the park from sidewalk level berming should not exceed
three feet from sidewalk level.
Trees around the perimeter should be vertical growing
in nature with no growth occurring from 6' down.
Pole lighting and not Bollard lighting should be
used.
(DR) 72. Sections III.B.2.a.1)f)iii and III.B.2.a.2)f)iii of
Sorrento Specific Plan was amended to allow a minimum
five -foot instead of ten foot building setback for
side yards abutting a local street, private drive or
arterial landscaped setback area. This applies only to
12 designated lots (150, 203, 204, 252, 253, 315, 354,
483, 594, 595, and 605). In return, the developer will
provide mansory block wall fencing, enclosing the
backyards of all lots, including the rear and side
portions.
(DR) 73. Approval of this map is subject to the condition that
Section III.B.2.a.1) of Sorrento Specific Plan be
amended to allow three (3) out of the eight (8)
proposed floor plans to exceed the maximum lot
coverage of 40% by a maximum of 4% for plan 5000 - #4,
2% for plan 6000 - #3, and 1% for plan 5000 - #3. The
amendment shall apply to a maximum of 177 lots or
26.4% of total lots. The square footage of floor plans
5000 - #4, 6000 - #3, and 5000 - #3, shall be maintained, as
well as the number of lots affected by the amendment,
as shown on Vesting Tentative Tract Map, dated April
27, 1989.
(DR) 74. Applicant has 20% flexibility to replot the plans in
order to maintain the ability to meet future market
demands.
Page 24
(DR) 75. All visible utilities on lettered lots, including
electrical transformers, T.V. and Telephone junction
boxes and water valves will be plotted on landscape
plan if developer receives information from Edison
Company prior to completion of landscape plans. If
not, developer shall screen all visible utilities in
lettered lots with landscaping.
(DR) 76. All air conditioning units will be in rear yard of
homes, screened from view by yard fencing. If the
house design has an indentation in a location
appropriate for electrical and gas meters, the
developer will place the electrical and gas meters in
this location to screen them from view.
(ND) 77. Prior of the City acceptance of the site "as clean" a
contractual agreement between Texaco and Cypress Homes
shall be submitted and approved by the City. The
agreement shall establish responsibilities on the on-
going water monitoring program recommended by the
Regional Water Quality Control Board (RWQCB). The
document shall include the location of monitoring
wells, the type of tests to be done, and how often it
should happen. The location of monitoring wells shall
be approved by the City Consultants - Hydrotech, and
by the RWQCB. The City role is of a monitor. Texaco
and the Cypress Co. are responsible for the program
and any costs related to it.
(DR) 78. Owner participation agreement and Mello Roos District
paper work shall be initiated as soon as possible.
(EIR) *79. "Paved, lighted, and handicapped accessible pedestrian
walkways shall be provided between the residential
units and the future bus stops "; at the discretion of
the Public Works Department.
(DR) 80. Handicapped accessible pedestrian walkways should be
shown in final landscape /hardscape plan.
(EIR) 81. "General measures which shall be applied on the
development include:
a) Encourage the use of alternative transportation
modes by promoting public transit usage and providing
secure bicycle facilities.
b) Set aside right of way for future mass transit
accommodations such as bus turnout lanes to be
constructed by the City. Currently, bus turnout lanes
are not indicated in the plans. As the plans develop,
these features should be considered as needed."
Page 25
53
515
(EIR) 82. "Adequate security design measures shall be required
for all new development with consideration of Police
Department recommendations" (refer to Security Report
conditions Nos
(EIR) *83. "It is recommended that the final design include
provisions for separation of recyclable materials such
as newspapers, cardboard, glass and other specialized
wastes "; to be implemented in the event of
implementation of a City wide source- separation
program.
(EIR) 84. "Although no significant impacts are anticipated with
regard to meeting the electricity requirements of the
proposed project, project planners and architects will
consider the use of energy- efficient architecture and
landscape design concepts which will work to reduce
the long -term demands for electricity and related
fossil fuel consumption. Such measures may include
the following:
a)The architectural planning and design, to the extent
feasible, will take full advantage of such concepts as
natural heating and /or cooling through sun and wind
exposure and solar energy collection system
opportunities.
b) Energy efficient interior and exterior lighting
systems should also be designed and employed to the
maximum extent possible."
(SP1) 85. "Sidewalks on local streets shall be five feet (5')
wide measured from curb face. If there are
obstructions such as street lights or fire hydrants,
there shall be a minimum forty -eight inch (48 ")
clearance around such obstructions. The City may
require meandering the sidewalk to accommodate such
obstructions. All utility obstructions shall be
located behind the sidewalk as much as possible.
(SP1) 86. "The applicant shall provide drainage facilities as
described in 'Section G. Drainage Plan' of Sorrento
Specific Plan."
(DR) 87. Architectural treatment of windows, located on side
elevations, which are visible from the street shall be
consistent with window treatments of front elevations
in terms of trim, french glass panes, etc.
Page 26
(DR) 88. Model Home permits may be issued prior to approval of
Final Map subject to the following conditions:
- Model Home permits shall not be issued until site
remediation plan is complete and city has accepted the
site "as clean ".
- Utilities and street improvements leading to and
adjacent to the model homes site shall be completed
simultaneously with the model homes. Said improvements
consist of improvements to the Internal Collector
including bare course paving, curb and gutter,
sidewalks, sewer, water, gas, electricity, telephone,
cable TV, storm drains, and fire hydrants. The
Internal Collector shall be completed, except final
paving, and landscaped from Ball Rd. to the model
homes site.
- Rough grading for the entire site and precise
grading for the model homes site shall be approved
prior to issuance of model homes permits. Refer to
Phase II of this Resolution for applicable grading
conditions.
- All conditions to be met prior to Building Permits
listed on Phase III of this Resolution, with exception
of site landscaping conditions and conditions Nos. 41
and 42, shall be met prior to issuance of model home
permits.
- In summary, in the event model home permits are
allowed to be issued prior to approval of Final Map,
the sequence of procedures and applicability of
respective conditions will be as follows:
- Issuance of Grading Permits
- Issuance of Model Home permits
- Approval of Final Map
- Issuance of production permits
- Issuance of Certificates of Occupancy
All conditions applicable to production permits are
also applicable to Model Home permits, with the
exception of the precise grading for the site as a
whole, and the approval of Final Map.
(DR) 89. Cypress Homes will explore with city staff
alternatives which could result in minor modifications
related to the Project entrance /exit onto Denni Street
(north of the park) and the possible reconfiguration
of the park. The results of these discussions shall
be reported back to the City Council at the regular
meeting of June 26, 1989. Page 27
57
58
EXHIBIT "B"
SOURCES CODE
November 22, 1988
(MC) Municipal Code
MCI. City of Cypress General Plan
MC2. City of Cypress Subdivision Ordinance
MC3. City of Cypress Vesting Ordinance #
MC4. City of Cypress Zoning Ordinance #
MC5. Redevelopment Area
(DR) Design Review (Design Review Committee and other
Departments input)
(SP) Sorrento Specific Plan
SP1. Sorrento Specific Plan Resolution of Approval #
(EIR) Environmental Impact Report Mitigation measures
(ND) Negative Declaration
(UT) Utility Companies
UT1. Electric
UT2. Solid Waste
UT3. Drainage and Sewer
UT4. Water
UT5. Gas
UT6. Telephone
UT7. TV and Cable
(ORA) Other Responsible Agencies
ORA1. Orange County Health Care Agency
ORA2. California Department of Health Services
ORA3. Regional Water Quality Control Board
ORA4. Division of Oil and Gas
ORA5. School District
ORA6. Southern California Air quality Management District
ORA7. Orange County Transit District (OCTD)
ORA8. Neighboring Cities
(POL) City Council Policy Directions
(SR) Security Report
Page 28