Resolution No. 3883V 9
RESOLUTION NO. 3883
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING TENTATIVE TRACT MAP NO. 14445 - WITH CONDITIONS.
WHEREAS, an application was made by Chelyn Development to
subdivide three (3) existing parcels into two (2) parcels for the
purpose of constructing separate commercial and condominium use
developments on the property located at 6292 -6302 Lincoln Avenue;
and
WHEREAS, the City Council considered evidence presented by
the applicant, City staff and other interested parties at a
public meeting held with respect thereto.
NOW, THEREFORE, the City Council of the City of Cypress
DOES HEREBY RESOLVE as follows:
1. The proposed map is compatible with the objectives,
policies, general land uses and programs specified in the General
Plan of the City of Cypress in that:
a. Land use approval is granted in accordance with a
conditional use permit which allows the construction of the
commercial building and condominium units. Subdivision of
the existing site into a commercial use on the front 200
feet and condominiums on the remaining rear portion of the
property conforms with the basic intent of the Land Use
Element of the City's General Plan, and with each of the
applicable provisions of the Cypress Zoning Ordinance.
2. The design and improvement of the proposed subdivision
as designated on the tentative tract map and supplemented by the
conditions listed below, and incorporated herein by reference,
are compatible with the objectives, policies, general land uses
and programs specified in the General Plan of the City of Cypress
in that:
All required public improvements will be installed in
accordance with the City's General Plan.
3. None of the findings set forth in Government Code
Section 66474 can be made.
4. The discharge of waste from the proposed subdivision
into the existing community sewer shall not result in a violation
of the existing requirements prescribed by the California
Regional Water Quality Control Board having jurisdiction over the
proposed subdivision pursuant to the provisions of Division 7 of
the California Water Code (Sections 13000 et seq.).
5. The proposed map meets the requiremtns of the City of
Cypress Subdivision Odinance and the California Subdivision Map
Act.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City
Council of the City of Cypress does hereby approve Tentative
Tract Map No. 14445 subject to the conditions attached hereto as
Exhibit "A."
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Cypress on the 28th day of J 'wary , 1991.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK 0 THE C Y OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO
HEREBY CERTIFY that the foregoing Resolution was duly adopted at
a regular meeting of the said City Council held on the 28th day
of January , 1991, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBER:
None
/ YL2/
CIT CLERK F THE TY OF CYPRESS
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 90 -31 AND
TENTATIVE TRACT MAP NO. 14445
CONDITIONS OF APPROVAL
1. The developer shall conform to all applicable provisions of
the City Code. All requirements of the State Subdivision
Map Act and the City's Subdivision and Zoning Ordinances
shall be satisfied. A condominium parcel map and the
C,C &R's for the project shall be recorded prior to the
entering of escrow on the first sale of any unit or issuance
of Certificate of Occupancy, whichever occurs first.
2. Drainage shall be solved to the satisfaction of the City
Engineer. A grading plan, in ink on Mylar, signed by a
registered California civil engineer and using actual grades
from an Orange County Surveyor's Benchmark, shall be
submitted for approval. A topographic map of the area
surrounding this development shall be made to establish
existing drainage flow patterns. If the existing natural
flow of any adjoining parcel is across the land of this
development, a drainage easement shall be granted and
drainage facilities provided for that property to the
satisfaction of the City Engineer. All onsite drainage
conveyed to the street shall be by means of an undersidewalk
drain. All lots shall have a slope gradient of one percent
(1 %) minimum in landscape areas. In parking areas, AC
shall have a minimum slope gradient of one and one -half
percent (1.5 %) or as approved by the City Engineer, and
concrete shall have a minimum slope gradient of two - tenths
percent (.2%).
3. The commercial portion of the development shall drain to
Lincoln Avenue and the remainder of the development shall
drain southerly into a storm drain system to be conveyed to
the Cypress College storm drain system.
4. A minimum eight foot (8') high block wall, measured from the
highest adjacent finished grade, shall be constructed and /or
maintained along all property lines of the residential
portion of this development. A retaining wall per City
standards shall be constructed at the property line where
the finished grade difference is greater than twelve inches
(12 "). A six -inch (6 ") concrete curb shall be constructed
per City standards to protect all block walls and structures
exposed to vehicular traffic.
Exhibit "A"
Conaition . 'Use Permit No. 90 -31 and
Tentative Tract Map No. 14445
Conditions of Approval
Page 2
5. The developer shall provide adequate "No Parking" controls
within the development and appropriate "No Parking - Fire
Lane" signs shall be installed along the driveway per
California Vehicle Code No. 22658, to the satisfaction of
the City Engineer and County Fire Marshal.
6. Wheelchair and handicapped access facilities shall be
installed onsite and offsite in accordance with State of
California and City of Cypress Public Works and Building
Department standards.
7. Installation of Cable T.V. shall be subject to the City
Ordinance No. 726. Prior to construction, the developer
shall contact Copley /Coloney, Inc. (Phone: (714) 826 -8680)
for specifications and procedures for prewire of the
building and installation of the service wiring. Necessary
permits shall be obtained at the City.
8. The developer shall provide mailbox facilities for each
residence, to the satisfaction of the Public Works Director,
Planning Director, and Postmaster.
9. All existing public improvements at the development site
which are damaged due to construction, cracked, or otherwise
below standard, shall be removed and replaced to the
satisfaction of the City Engineer.
10. Lincoln Avenue shall be fully improved with curb, gutter,
sidewalk, driveway, driveway closure, two street lights per
Edison Company requirements, etc., in accordance with City
standards.
11. All utility services shall be underground. Trenching and
backfill in streets shall be per City of Cypress Standard
No. 110. Arterials shall be crossed by boring only. In
City streets, lateral open cuts spaced within twenty feet
(20') of each other shall be covered with a one inch (1")
continuous A.C. cap.
12. Street trees (15 gallon), forty feet (40') on center, shall
be installed in back of public sidewalk in conformance to
the street tree policy of the Public Works Department and
shall be incorporated with the onsite landscape plan. The
type of trees shall be as required by the City's street tree
ordinance.
13. A sewer plan shall be submitted for approval by the City
Engineer. Unused sewer laterals connecting existing
buildings at this property shall be plugged at the property
line.
Exhibit "A"
Conditional Use Permit No. 90 -31 and
Tentative Tract Map No. 14445
Conditions of Approval
14. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
- Engineering Plan
Resolution 2964).
Page 3
Checking and Inspection Fee (Per
- Recreation and Parks Fee (Per Ordinance 769)
condominium portion of the development.
- Drainage Fee
2287).
for the
for Master Drainage Plan (Per Resolution
- Sanitary Sewer Connection Fee (Per Orange
Sanitation District No. 3, Resolution 303).
- Grading Plan Check
3662).
County
and Permit (Per Resolution 2964 and
- All applicable Building Department Fees.
15. A copy of the conditions, covenants, and restrictions (C,C &
R's) covering the development shall be submitted to the City
staff and City Attorney for their review, recommendations,
and approval to assure the continuance, maintenance,
applicability and enforceability of the C,C & R's so that
the development will not become a liability to the City at a
later date.
16. The quantity, location, width, and type of driveways shall
be subject to approval of the City Engineer. An effective
sight distance for vehicular traffic shall be maintained at
the intersection of the driveway entrances with Lincoln
Avenue. No landscaping in excess of three feet (3') high
will be allowed in the area of the curb returns.
17. Street lights shall be installed per City standards and
shall be dedicated to the City.
18. A landscape and irrigation plan shall be submitted for
approval by the City and a bond posted by the applicant to
guarantee against any defects in plant materials and
workmanship. A soils report for all planting areas, by a
qualified agricultural laboratory, shall be submitted to the
Public Works Department for approval at least thirty (30)
days prior to planting date. Test results shall include
concentration of nitrogen, phosphorus, potassium, pH,
salinity, sodium status, and boron saturation extract.
19. The developer'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
Exhibit "A"
Conditional Use Permit No. 90 -31 and
Tenrp4ive Tract Map No. 14445
Con icons of Approval
Page 4
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.
20. All applicable conditions of Conditional Use Permit No. 88-
21 shall be complied with prior to occupancy of the thirty
(30) unit building.
21. All requirements of the Orange County Fire Marshal's Office
shall be complied with prior to a Certificate of Occupancy
being issued.
22. Utilities shall not be released until all conditions of
approval have been met to the satisfaction of the Planning
Department.
23. All requirements of the Orange County Fire Marshal's Office,
Orange County Health Department, and Cypress Building and
Safety Department shall be satisfied prior to commencement
of the business operation.
24. The applicant shall obtain a Cypress business license prior
to commencement of the business operation.
25. The developer shall enter into a written agreement with the
City Council outlining the terms of the Density Bonus Policy
prior to issuance of any building permits.
26. Any expansion or modification of the approved use beyond
what is approved as part of Conditional Use Permit No. 90 -31
will require an amendment to the conditional use permit.
27. All business activity shall occur within the commercial
building. Temporary use permits may be granted for outdoor
activity in accordance with Section 13 of the Cypress Zoning
Ordinance.
28. This conditional use permit may be modified or revoked by
the City Council should the Council determine that the
proposed use or conditions under which it is being operated
or maintained is detrimental to the public health, safety,
or welfare, or materially injurious to properties or
improvements in the vicinity.
29. Architectural elevations and site plans shall be reviewed
and approved by the Planning Department prior to the
issuance of building permits.
Exhibit "A"
Conditional Use Permit No. 90 -31 and
Tentative Tract Map No. 14445
Conditions of Approval
Page 5
7~
30. The final exterior color scheme shall be submitted to City
staff for review and approval prior to actually painting the
structure.
31. Onsite security lighting shall be arranged so that direct
rays will not shine on adjacent properties or produce glare
for street traffic.
32. 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.
33. The transformer boxes and water valves shall be placed in
locations acceptable to the Planning Director and shall be
adequately screened from view with plant materials.
34. The developer shall provide an adequate number of trash
enclosures onsite and at a location acceptable to City
staff.
35. Compact parking space aisles shall be denoted as such on the
asphalt as "Compact Only."
36. Parking for the handicapped shall be provided in accordance
with State requirements.
37. A detailed landscape and automatic irrigation plan shall be
submitted to the Planning Department for review and approval
at least sixty (60) days prior to issuance of a Certificate
of Occupancy. In addition, a bond shall be posted with the
Public Works Department to guarantee against defects in
plant materials and workmanship.
38. Unless otherwise specified, all required trees shall be a
minimum 15- gallon in size and of a variety approved by the
Planning Director.
39. All landscaped areas adjacent to a street right -of -way shall
contain a 3 to 1 berm.
40. Landscape irrigation pipes and sprinkler heads shall be
maintained in good working order so as to cover all
landscaped areas.
Exhibit "A" Page 6
Coneprtional Use Permit No. 90 -31 and
Ten wive Tract Map No. 14445
Conditions of Approval
41. A comprehensive sign program for both building and
freestanding monument signs shall be submitted for Planning
Department approval prior to any signing installation. The
developer shall not erect or display on the subject property
any signs which have not been approved in writing by the
Planning Department.
42. All product and material storage shall occur within the
commercial building. Exterior storage is specifically
prohibited.
43. Outside public address speakers, telephone bells, buzzers
and similar devices which are audible on adjoining
properties are hereby prohibited.
44. Security gate systems shall be equipped with a Knox box
system providing access with a Knox submaster key for
emergency access by police and fire services. The security
gate system shall be approved in writing by the Cypress
Police Department and Orange County Fire Department prior to
issuance of building permits.
45. All walls, fences, and trash enclosures shall be maintained
free of significant surface cracks, dry rot, warping,
missing panels or blocks which threaten the structure's
structural integrity or appearance.
46. 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.
47. 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.
48. Exterior building elevations shall be maintained in a safe
appearance such that the buildings are free of broken,
missing, or significantly cracked surface finished
materials.
49. Prior to the issuance of building permits for any habitable
building proposed for construction within the 60 CNEL
contour from the Los Alamitos Army Airfield, the project
proponent shall submit to the City of Cypress an acoustical
analysis report. The report shall describe the acoustical
design features of the structures required to satisfy the
Airport Environs Land Use Plan and State interior noise
standards along with evidence that the sound attenuation
measures specified in the report have been incorporated with
the design of the project.
Exhibit "A"
Conditional Use Permit No. 90 -31 and
Tentative Tract Map No. 14445
Conditions of Approval
Page 7
50. The proposed buildings shall be constructed with the
appropriate "sound insulation" material as required by the
California Noise Insulation standards to mitigate the noise
impact from the Los Alamitos Army Airfield.
51. The south access doors to the business premises facing the
walkway and adjoining single - family residences shall remain
closed during all hours of business operation. Said door
shall be designated and used for emergency exit purposes
only.
52. Office buildings and uses adjacent to residential areas
shall not be permitted to conduct business or hold office
hours before 6 a.m. or after 10 p.m. daily.
53. Exterior building materials, treatments, and colors be shall
be complimentary within the project. The final elevations
shall also be subject to revisions and approval by the
Planning Department.
54. A telephone shall be provided next to the two guest parking
spaces outside of the security gate. This area shall
include sufficient security lighting.
55. A locked entry /fire exit gate shall be installed at the west
end of the sidewalk behind the commercial building.
56. The condominiums shall comply with the Federal Housing
Handicapped regulations.
57. Separate fencing shall be installed around the swimming pool
area subject to the approval of the Building Official and
the Planning Department.
58. Separate fencing shall be installed around the courtyard
playground area.
59. Within forty -eight (48) hours of the approval of the
project, the applicant /developer shall deliver to the
Planning Department a check payable to the County Clerk in
the amount of One - Thousand- Two - Hundred - Seventy -Five Dollars
($1,275.00), which includes the One- Thousand - Two - Hundred-
Fifty Dollars ($1,250.00) fee required by Fish and Game Code
Section 711.4(d)(2) plus the Twenty -Five Dollar ($25.00)
County administrative fee, to enable the City to file the
Notice of Determination required under Public Resources Code
Section 21152 and 14 Cal. Code of Regulations 15075. If
within such forty -eight (48) hour period the
applicant /developer has not delivered to the Planning
Department the check required above, the approval for the
project granted herein shall be void.
Exhibit "A"
Cond1161al Use Permit No. 90 -31 and
rentat ## a Tract Map No. 14445
Conditions of Approval
Page 8
60. Applicant /developer shall comply with applicable provisions
of the 1988 Uniform Building, Plumbing and Mechanical Codes,
1987 National Electrical Code, California Administrative
Code, Title 24, and the Cypress City Code.
61. An automatic fire sprinkler system, approved by the Fire
Marshal, shall be installed in all structures.
62. Type 5 cement shall be used for all foundations and slabs on
grade.
63. All slabs on grade (including M -1 occupancies) shall receive
a minimum of a 10 mil. moisture barrier.
64. A soil investigation report shall be submitted with the
plans for plan check. Report shall include soil bearing
capacity, seismic study, grading, paving, sulfate test and
other pertinent information under good engineering practice.
65. 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.
66. Prior to the issuance of any building permits for
combustible construction, evidence that a water supply for
fire protection is available shall be submitted to and
approved by the Fire Chief. Fire hydrants and access roads
shall be in place and operational to meet required fire -flow
prior to commencing construction with combustible materials.
67. Prior to the issuance of any building permits, a
construction phasing plan shall be submitted to and approved
by the Fire Chief. The purpose of this review is to
evaluate the adequacy of emergency vehicle access for the
number of dwelling units served.
68. Prior to the issuance of any building permits, all
underground piping for automatic fire extinguishing systems
shall be approved. Plans for an automatic fire
extinguishing system shall be approved by the Fire Chief
prior to installation. Such systems shall be operational
prior to the issuance of a Certificate of Use and Occupancy
per City ordinance.
69 Prior to the issuance of any building permits, construction
details for any controlled entry access shall be approved by
the Fire Chief. These details shall include width, clear
height, and means of emergency vehicle over -ride.
Exhibit "A" Page 9
Conditional Use Permit No. 90 -31 and *�
Tentative Tract Map No. 14445 f�
Conditions of Approval
70. Prior to the issuance of any Certificates of Use and
Occupancy, the private street shall be red curbed and posted
"No Parking - -Fire Lane" as per 1988 Uniform Fire Code
Section 10.207 in a manner meeting the approval of the
County Fire Chief.
71 Prior to the issuance of any certificates of use and
occupancy, all fire hydrants shall have a "Blue Reflective
Pavement Marker" indicating its location on the street or
drive per Orange County Fire Department Standard. On
private property, these markers are to be maintained in good
condition by the property owner.
72. If substantiated complaints are received, a public hearing
shall be held and this conditional use permit may be
modified or revoked.
73. Any additional low- income units shall be reported to the
City of Cypress Planning Department.
Revised 1/15/91