Resolution No. 6653337
RESOLUTION NO. 6653
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT TO DESIGN REVIEW COMMITTEE
PERMIT NO. 2988 - WITH REVISED CONDITIONS
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That on July 28, 2014, the City Council approved Design Review Committee
Permit No. 2988, with conditions of approval 1.1 through 26.4, allowing a 57unit residential
condominium development on the property located at 4604 Lincoln Avenue, within the PC
Planned Community Zone. The construction of this project is in progress.
2. That the City of Cypress received a request to amend Condition No. 2.11 of
Design Review Committee Permit No. 2988 to remove the requirement for screening trees
to be planted along the back 17 feet of the east perimeter of this previously approved
condominium development.
3. That in accordance with Section 4.19.060.E of the Cypress Zoning
Ordinance, the Design Review Committee reviewed and approved this permit amendment
on September 21, 2017.
4. That in accordance with Section 4.19.060.E.2 of the Cypress Zoning
Ordinance, the decision of the Design Review Committee on this permit amendment was
reported to the City Council on October 9, 2017, during a public meeting of the City
Council.
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
permit amendment 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 amended project is in accord with the
objectives of the Zoning Ordinance and the purpose and intent of the PC 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 location of the previously approved 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 condominium development, as previously approved at a
density of 21.35 units per acre, would be consistent with the provisions of
the applicable Lincoln Avenue Specific Plan, R30 residential district, for high
density residential use (20 -30 density units per acre). Also, the project is
consistent with the goals and policies of the City of Cypress General Plan for
the Specific Plan land use designation in which it is located. Further, the
project is consistent with the goals, policies, and programs of the City's
General Plan Housing Element in which the project area is designated for
potential high density residential development opportunities up to 30
dwelling units per acre.
(2) There is sufficient infrastructure and public services to
accommodate the proposed residential development within the project
vicinity.
338
(3) With the amended Condition No. 2.11, the previously
approved condominium development would not result in any significant
effects relating to traffic, noise, air quality, or water quality.
(4) In accordance with the California Environmental Quality Act
(CEQA) Guidelines, the proposed amendment to Condition No. 2.11 for this
previously approved condominium development would consist of a minor
alteration to the land, including landscaping. Therefore, the proposed
amendment would be exempt from the provisions of CEQA pursuant to
Section 15304 of said Guidelines and a Categorical Exemption, Class 4, will
be filed upon approval.
c. The previously approved residential condominium development, with
the revised conditions, will comply with each of the applicable provisions of the Cypress
Zoning Ordinance, as well as the applicable provisions of the Lincoln Avenue Specific
Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve the Amendment to Design Review Committee
Permit No. 2988, subject to the revised conditions attached hereto as Exhibit "A ".
Any challenge to this Resolution, and the findings set forth therein, must be filed
within the 90 day statute of limitations set forth in Code of Civil Procedure 1094.6.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 13th day of November, 2017.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
4 AiL)
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 13th day of November, 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
339
EXHIBIT "A"
Amendment to Design Review Committee Permit No. 2988
(57 Condominium Units)
4604 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 fifteen (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 sq. - 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. All applicable conditions of the project shall be complied with prior to occupancy of the
subject building(s). (Planning)
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Exhibit "A"
Amendment to Design Review Committee Permit No. 2988
Conditions of Approval
Page 2
1.7. 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 project 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 Public Works, Director of Community Development, and Postmaster.
(Planning)
2.4. This permit 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. Two (2) copies of the CC &R's covering the condominium development shall be submitted
to the City staff (prior to recordation) for internal review, recommendation, and approval to
assure the continuous maintenance applicability and enforceability of the CC &R's so that
the development will not become a liability to the City at a later date. The CC &R's shall
assign responsibility to the homeowners association for the maintenance of the common
area, including driveways, parking lots, and landscaping (including the public parkway
along Lincoln Avenue adjacent to the condominium project property). (Planning)
2.6. A copy of the Condominium Plan for this project shall be submitted to the City staff for
review and approval prior to recordation. (Planning)
2.7. The condominium development shall maintain individual trash cans for each unit on-
site. The CC &R's for this condominium development shall include provisions
restricting the locations of the trash cans to the interior of the garage or within a
fenced private yard, except the evening prior to and the day of trash pick -up service
for the neighborhood. Individual trash cans shall be contracted through the City's
disposal services contractor. (Planning)
2.8. The CC &R's for the project shall include a section requiring that the garage parking
spaces shall be maintained open and available at all times for the parking of two
vehicles. (Planning)
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Exhibit "A"
Amendment to Design Review Committee Permit No. 2988
Conditions of Approval
Page 3
2.9. Open parking spaces shall remain unassigned. Guest parking spaces shall not be used
for long -term parking. Restrictions for guest parking spaces shall be included in the
CC &R's for the project. (Planning)
2.10. The applicant/developer shall construct a new masonry block wall to replace the
existing walls located along the south (rear) property line adjoining residential
properties located on Rainier Drive. The new wall height shall be eight feet as
measured from the highest adjacent grade on the subject property. The block walls
along the east and west sides of the subject property shall also be eight feet high,
except within the required front setbacks, as specified in the Lincoln Avenue Specific
Plan. The developer shall contact the adjacent residential property owners prior to
demolition of the existing walls to explain the timing, process, and temporary security
provisions for the new wall construction. (Planning)
2.11. The applicant /developer shall plant mature trees along the south (rear) perimeter of
the subject property, as well as along the back 20 feet of the west perimeter, for
screening from the single - family residences located adjacent to the south property
line. The size and species of the screening trees shall be subject to majority agreement
by the adjacent property owners and the developer, as well as City staff approval,
prior to occupancy of the buildings. (Planning) Revised 11 -13 -17
2.12. The CC &R's for the project shall include a section requiring that the southerly
perimeter screening trees shall be maintained in -place after project completion by the
homeowners association. The applicant /developer shall be responsible for replacing
any dead /dying trees on the subject property within the first 12 months after project
completion. Thereafter, the homeowners association shall be responsible for
replacement of any dead trees on the property. (Planning)
2.13. The southernmost dwelling units facing the rear property line shall be limited to two
stories in height. These buildings shall be set back 45 feet from the south (rear)
property line, with the exception of the southeast corner unit setback of 17 feet and
the southwest corner unit setback of 20 feet. (Planning)
2.14. Lighting on the south side of the buildings, as well as within the rear yard and
parking area, shall be designed to prevent impacts on adjacent residential properties
to the south. If substantiated complaints are received that project lighting is causing
an adverse impact, such light shall be replaced or fitted with a shielding material
subject to approval by City staff. If a resolution to the lighting impact cannot be
achieved, the fixture may be removed and relocated, subject to approval by City staff.
(Planning)
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Exhibit "A"
Amendment to Design Review Committee Permit No. 2988
Conditions of Approval
3. Architectural
Page 4
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 fmal exterior color scheme shall be submitted to City staff for review and
approval prior to actually painting the structure. (Planning)
3.3. On -site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic. (Planning)
3.4. 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)
3.5. 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)
3.6. If the second story windows create a privacy problem for adjacent property owners,
measures shall be taken to resolve the problem. These mitigation measures shall be subject
to Design Review and may consist of, but not be limited to, requirements for additional
perimeter landscaping and/or window coverings as determined appropriate by the Design
Review Committee. (Planning)
3.7. 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)
3.8. The roof materials for each of the units shall consist of concrete tile with the final
color subject to the approval of the Cypress Planning Division. (Planning)
3.9. All interior fences dividing the private yard areas (not located within the front setback
area) shall be a minimum of five feet tall, measured from the highest adjacent grade
and shall consist of concrete block or decorative vinyl material. All fencing visible
from Lincoln Avenue shall consist of decorative concrete block. (Planning)
3.10. The walls provided for the patios along the Lincoln Avenue street frontage shall
include decorative block material, as required by the Lincoln Avenue Specific Plan.
(Planning)
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Exhibit "A"
Amendment to Design Review Committee Permit No. 2988
Conditions of Approval
4. Signage
Page 5
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)
5. Landscaping
5.1. A detailed landscape and automatic irrigation plan shall be submitted to the Cypress
Planning Division for review and approval at least 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 for a period of one 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.
(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. A redwood landscape retainer, a minimum of two inches by six inches (2" x 6 ") in size,
shall be installed along all property lines where necessary to retain the landscape planters
until adjoining properties are developed. (Planning)
5.5. 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. 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 Authority prior to issuance of building permits. (Planning)
6.3. The parking areas 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)
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Exhibit "A"
Amendment to Design Review Committee Permit No. 2988
Conditions of Approval
Page 6
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
containers. (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 homeowners association shall maintain the site and the exterior of 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)
8. Fees
8.1. Prior to the issuance of a grading permit or as noted below, the applicant shall pay for the
following fees per Resolution No. 6118, except as otherwise noted below. (Engineering)
Park and Recreation
Drainage Fee for Master Drainage Plan
City -wide Traffic Improvement
Regional Traffic Improvement
Final Subdivision Map Check
Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD -09)
Grading / On -Site (Non - Structural) Plan Check. (Prior to Submittal of Grading Plans)
Grading Permit and Inspection. (Prior to Permit Issuance) (B &S)
Building Plan Check (Prior to Submittal of Plans) (B &S)
Building Permit and Inspection (Prior to Permit Issuance) (B &S)
Public Improvement Plan Check (Prior to Submittal of Plans)
Public Improvement Permit and Inspection (Prior to Permit Issuance)
8.2. Within forty-eight (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 Fifty Dollars ($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 forty-eight (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"
Amendment to Design Review Committee Permit No. 2988
Conditions of Approval
9. Engineering
Page 7
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 recordation of a subdivision map, the applicant shall submit all public improvement
plans and grading plans per the Public Works Department 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 Final Map approval, 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 County. Prior to granting any of said easements, the subdivider shall
furnish a copy of the proposed easement to the Engineering Division Manager for review
and approval. Further, a copy of the approved easement shall be furnished to the Planning
Manager, prior to Final Map approval. (Engineering)
9.4. Prior to any street construction or relocation, when there are monuments in 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 Engineering Division Manager. (Engineering)
9.5. The applicant shall notify the Director of Community Development and Director of Public
Works in writing if any changes to tract map are proposed during the plan check process.
Permits shall not be issued until the Director of Community Development and Director of
Public Works have reviewed and approved the proposed changes for conformance with the
intent of the City Council's action and the conditions herein. If the proposed changes are of
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Exhibit "A"
Amendment to Design Review Committee Permit No. 2988
Conditions of Approval
Page 8
a substantial nature, an amendment to the original entitlement may be required.
(Engineering, Planning)
10. Landscaping within the Public Right -of -Way
10.1. Prior to issuance of building permits, the applicant shall submit a plan for landscaping
within the public right -of -way including a landscape and irrigation plan to the Cypress
Planning Division for approval with a copy to the Maintenance Division Manager.
(Engineering, Maintenance)
The applicant shall post a bond to guarantee against any defects in plant materials and
workmanship. A soils report for all planting areas, prepared by a qualified agricultural
laboratory, shall be submitted to the Public Works Department for approval at least 30 days
prior to planting date. Test results shall include concentration of nitrogen, phosphorus,
potassium, ph, salinity, sodium status, and boron saturation extract. Drought tolerant
landscape is encouraged and the landscaping will be irrigated from the private property
meter. (Engineering, Maintenance)
10.2. Prior to issuance of certificate of occupancy, the applicant shall install all street landscaping
per the approved landscaping plan. (Engineering, Maintenance)
10.3. 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)
11. Sewer and Wastewater
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 Engineering Division Manager. (Engineering)
11.2. Prior to the recordation of the subdivision map, 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)
• Community Development Department • Planning Division •
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Exhibit "A"
Amendment to Design Review Committee Permit No. 2988
Conditions of Approval
12. Street Trees
Page 9
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 the proposed driveway
relocations or other utility service point connections. The locations of the replacement
trees shall be subject to City staff approval. (Maintenance)
13. Street Lighting N/A
14. Streets
14.1. 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)
14.2. Prior to the recordation of a subdivision map the subdivider shall place a note on the map,
in a manner that meets the approval of the Engineering Division Manager, that states:
"The private streets constructed within this map shall be owned, operated and
maintained by the developer or, successors in interest. The City of Cypress shall have
no responsibility for maintenance." (Engineering)
14.3. Prior to the recordation of a subdivision map, the applicant shall reference on the
subdivision map any parcels affected by two -way reciprocal access, joint drainage, joint
irrigation, joint use, and parking easements etc., and place a note on the final map reserving
the easement for the benefit of applicable parcels on the map, in a manner meeting the
approval of the Engineering Division Manager in consultation with the Planning Manager.
(Engineering)
14.4. Prior to issuance of 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 American 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 Engineering Division Manager,
and obtain a permit from the Public Works Department 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"
Amendment to Design Review Committee Permit No. 2988
Conditions of Approval
Page 10
14.5. Street name signs and traffic signs shall be installed per City Standards. (Engineering)
15. Subdivisions
15.1. Prior to issuance of Building Permits, the applicant shall ensure that the Parcel /Tract
Map that meets all the requirements of the State Subdivision Map Act and City's
Subdivision Ordinance, is recorded and a copy of the recorded map is submitted to the
Engineering Division Manager. (Engineering)
15.2. All proposed street names for newly created streets, whether public or privately owned,
shall be subject to the approval of the City. The developer shall submit to the Community
Development Department a list of three proposed names and the new street names shall be
taken from this list or as recommended by City staff. New streets that align with existing
streets shall use the existing street name. Building addresses shall be assigned by the City
Building Division. (Planning, Engineering, Building & Safely)
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 Public Works. (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 Engineering Division
Manager. 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 Engineering Division Manager and
Planning Manager. (Engineering)
16.4. The new proposed driveway to the development shall be designed to provide full access
in and out of the development. The developer shall design and construct "Median
Improvement" as described herein as to the satisfaction of the Director of Public Works.
The median improvement shall extend the existing left turn pocket for westbound traffic
to access the site and modify the existing median to accommodate traffic exiting the
development and making a left turn onto Lincoln Avenue. (Engineering)
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Exhibit "A"
Amendment to Design Review Committee Permit No. 2988
Conditions of Approval
17. Utilities
Page 11
17.1. Prior to 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
Public Works 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. (Engineering)
18. Drainage
18.1. Prior to issuance of grading or building permits or recordation of the subdivision map,
whichever comes first, at the direction of the Engineering Division Manager, 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 Engineering Division Manager.
The applicant shall ensure the following requirements are met:
Drainage is solved to the satisfaction of the Engineering Division Manager.
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 Engineering
Division Manager.
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 Engineering Division Manager.
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 Engineering
Division Manager, evidencing that proposed drainage patterns will not overload
existing storm drains.
Submittal of drainage studies, when determined necessary by the Engineering
Division Manager, 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
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Exhibit "A"
Amendment to Design Review Committee Permit No. 2988
Conditions of Approval
Page 12
be safe from inundation from rainfall runoff which may be expected from all
storms up to and including the theoretical 100 -year flood. (Engineering)
18.2. Prior to the recordation of a subdivision map or prior to the issuance of any grading permit,
whichever comes first, and if determined necessary by the Engineering Division Manager,
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 Engineering
Division Manager before recordation of the letter. (Engineering)
18.3. Prior to the issuance of any grading permit, and if determined necessary by the Engineering
Division Manager, 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 Engineering
Division Manager prior to recordation of the letter. (Engineering)
18.4. Prior to the recordation of a subdivision map (except maps for financing and conveyance
purposes only) or prior to the approval of final inspection, whichever occurs first, 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 Engineering
Division Manager, 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)
18.5. The developer shall submit an engineering hydrology/hydraulic study, signed and stamped
by a registered civil engineer. (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 Engineering Division Manager. (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
Engineering Division Manager. 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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351
Exhibit "A"
Amendment to Design Review Committee Permit No. 2988
Conditions of Approval
Page 13
19.3. The applicant is directed to Chapter 12 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 Public Works or 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 Engineering Division Manager, the applicant shall clean any public
storm drain systems, catch basins, filters, lines, inlet boxes that the Engineering Division
Manager 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 Engineering Division Manager, 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 •
352
Exhibit "A"
Amendment to Design Review Committee Permit No. 2988
Conditions of Approval
Page 14
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 Engineering Division Manager 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 •
353
Exhibit "A"
Amendment to Design Review Committee Permit No. 2988
Conditions of Approval
Page 15
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
Engineering Division Manager 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)
20. Building and Safety
20.1. Applicant/developer shall obtain the required permits and comply with applicable
provisions of the 2013 California Residential, Building, Plumbing, Electrical, and
Mechanical Codes, the 2013 California Green Building Standards Code, Title 24, and the
City of Cypress Codes. (Building & Safety)
20.2. Grading 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. 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)
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)
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)
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354
Exhibit "A"
Amendment to Design Review Committee Permit No. 2988
Conditions of Approval
Page 16
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. Construction bins for non - recyclable and recyclable materials generated from any
construction site (residential and non - residential) must be placed "on site" out of the public
right -of -way unless a permit is obtained from the Public Works Department. (Building &
Safety)
20.10. 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)
20.11. Building plans shall be stamped by a licensed engineer. (Building & Safety)
20.12.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)
21. Security
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. Illuminated address signs shall be installed next to each garage door for easy
identification by Police and Fire personnel. (Police Department.)
21.3. The CC &R's shall contain a restriction prohibiting the parking of vehicles in front of
garages. Common areas not designated for guest parking shall be kept clear at all times.
(Police Department)
21.4. Security lighting shall be provided in the parking areas, public open space, and
driveways. Front door entrances to the individual units shall also be provided with light
fixtures. (Police Department)
22. Antennas N/A
23. Alcohol N/A
• Community Development Department • Planning Division •
355
Exhibit "A"
Amendment to Design Review Committee Permit No. 2988
Conditions of Approval
24. Alcohol — On Sale General N/A
25. Alcohol — Off Sale Beer & Wine N/A
26. Fire - Residential
Page 17
26.1. 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)
• Fire master plan (service code PR145)
• 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)
26.2. 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)
26.3. 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)
26.4. 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. The CC &R's, or other approved
documents, shall contain a fire lane map and provisions which prohibit parking in the
fire lanes. The method of enforcement shall be documented. (OCFA)
27. Fire - Commercial N/A
Revised 11-13-2017
SECTIONS
1. General
2. Planning
3. Architectural
4. Signage
5. Landscaping
6. Operational
7. Property Maintenance
8. Fees
9. Engineering
• Community Development Department • Planning Division •
356
Exhibit "A"
Amendment to Design Review Committee Permit No. 2988
Conditions of Approval
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
24. Alcohol — On Sale General
25. Alcohol — Off Sale Beer & Wine
26. Fire - Residential
27. Fire - Commercial
Page 18
• Community Development Department • Planning Division •