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Resolution No. 3902RESOLUTION NO 3902 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TENTATIVE TRACT MAP NO 14420 WITH CONDITIONS WHEREAS, an application was made by Kerry Renard to consolidate three (3) parcels into one (1) parcel located at 5409, 5411 5421 5431 5433 Camp Street in the RM -20 Residential Multiple -Family Zone and WHEREAS the City Council considered evidence presented by the applicant City staff and other interested parties at a public meeting held with respect thereto NOW THEREFORE the City Council of the City of Cypress DOES HEREBY RESOLVE as follows 1 The proposed map is compatible with the objectives, policies, general land uses and programs specified in the General Plan of the City of Cypress in that a The proposed tentative tract map is to allow development of fifteen (15) condominium residential units on a 79 acre site in the RM -20 Residential Multiple -Family Zone This project is permitted and consistent with the General Plan Land Use designation of High Density - Multi -Family Residential (16 plus units per acre) b The proposed project is consistent with the policies of the Housing Element to the General Plan 2 The design and improvement of the proposed subdivision as designated on the tentative tract map and supplemented by the conditions attached hereto as Exhibit A, 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 to 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 to 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 1E2 ) NOW THEREFORE BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Tentative Tract Map No 14420 subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meeting of the jity Council of the City of Cypress on the 25th day of FebruaF /1,991 /if i LL1 MAYOR OF THE CITY OF CYPRESS ATTEST CITY CLERK 0 THE CIYY OF CYPRESS 1 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) I, DARRELL ESSEX, City Clerk CERTIFY that the foregoing Resolution was the said City Council held on the 25th following roll call vote' AYES NOES ABSENT 1'5 of the City of Cypress, DO HEREBY duly adopted at a regular meeting of day of February 1991 by the 5 COUNCIL MEMBERS Age, Kerry, Nicholson, Partin and Bowman 0 COUNCIL MEMBERS. None 0 COUNCIL MEMBER None CITY CLERK OF THE CLTY OF CYPRESS 2 EXHIBIT 'A" CONDITIONAL USE PERMIT NO. 91-2 AND TENTATIVE TRACT MAP NO. 14420 CONDITIONS OF APPROVAL 1 The developer shall conform to all applicable provisions of the City code All requirements of the State Subdivision Map Act, and the City s Subdivision Ordinance and Zoning Ordinance shall be satisfied. Tract Map No. 14420 shall be recorded prior to issuance of Building Department Permits. 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. In parking areas, AC shall have a minimum slope gradient of one and one-half percent (1.54) or as approved by the City Engineer and concrete shall have a minimum slope gradient of two-tenths percent ( 2%) 3 A new storm drain main line to serve this development shall be designed, dedicated to the City and installed in Camp Street. Said main line shall connect to the existing twenty- seven inch (27") R.C.P main line in Walker Street or Watson Street This proposed development shall provide for onsite drainage by means of a storm drain system connecting to the required new main line in Camp Street. The pumping of onsite storm water to either the new storm drain main line in Camp Street or to the Camp Street gutter shall not be allowed. 4 A minimum six foot (6 ) high block wall measured from the highest adjacent finished grade shall be constructed along the east north and west property lines. Said property line shall have a single block wall only and the developer shall obtain, and submit to the City the written permission or denial of the adjacent property owner(s) for the removal of their existing block walls. Where an existing block wall is removed, the Developer shall provide suitable temporary fencing for all adjacent properties during construction of the perimeter walls Exhibit A Conditional Use Permit No. 91-2 and Tentative Tract Map No. 14420 Conditions of Approval Page 2 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 5 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. 6. 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 7 The developer shall provide mailbox facilities for each residence, to the satisfaction of the Public Works Director Planning Director and Postmaster 8. A Copy of the conditions, covenants, and restrictions (C,C&R"s) covering the development shall be submitted to the City staff and City attorney for their review, recommendations, and approval to assure the continuance, maintenance, applicability and enforceability of the C,C&R s so that the development will not become a liability to the City at a later date 9 All existing public improvements at the development site which are damaged due to construction, cracked, or otherwise below standard, shall be removed and replaced to the satisfaction of the City Engineer 10 Camp Street shall be fully improved with driveway driveway closures, new storm drain main line, etc in accordance with the City standards. 11 All utility services shall be underground. Trenching and backfill in streets shall be per City of Cypress Standard No. 110 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 on-site landscape plan. The type of trees shall be as required by the City s street tree ordinance Landscaping in public right-of-way shall be maintained by the developer 1. :r 1 Exhibit A Conditional Use Permit No. 91-2 and Tentative Tract Map No. 14420 Conditions of Approval Page 3 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. 14. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS. - Final Subdivision Map Filing Fee (Per Resolution 2964) - Engineering Plan Checking and Inspection Fee (Per Resolution 2964) - Recreation and Parks Fee (Per Ordinance 769) - Drainage Fee for Master Drainage Plan (Per Resolution 2287) - Sanitary Sewer Connection Fee (Per Orange County Sanitation District No. 3, Resolution 303) - Advanced Street Light Energy Fees (For one-year period) - Grading Plan Check and Permit (Per Resolution 2964 and 3662) - Traffic Impact Mitigation Fee (Per Ordinance 778 and current fee Resolution) - All applicable Building Department Fees. 15 The developer shall defend, indemnify and hold harmless, the City and any agency thereof or any of its agents, officers, and employees from any and all claims, actions, or proceedings against the City or any agency thereof or any of its agents, officers or employees, to attack, set aside, void or annul, an approval of the City or any agency thereof advisory agency appeal board, or legislative body including actions approved by the voters of the City concerning the project, which action is brought within the time period provided in Government Code Section 66499 37 and Public Resources Code, Division 13, CH. 4 (§ 2100 et seq. - including but not by way of limitation §§ 21152 and 21167) City shall promptly notify the developer of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action and should the City fail to either promptly notify or cooperate fully developer shall not thereafter be responsible to defend, indemnify or hold harmless the City Exhibit "A Conditional Use Permit No. 91-2 and Tentative Tract Map No. 14420 Conditions of Approval Page 4 1 0 J 16 Prior to the recordation of a final tract map, water improvement 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 and approved by the Chief 17 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. 18. 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. 19 Prior to the issuance of Occupancy the private street "No Parking --Fire Lane as Section 10.207 in a manner County Fire Chief any Certificates of Use and shall be red curbed and posted per 1988 Uniform Fire Code meeting the approval of the 20. Fire hydrant shall be located so that it is at least twenty feet (20 ) from any structure, preferably at the main drive area. 21 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 22 An automatic fire sprinkler system, approved by the Fire Marshal shall be installed. 23. Applicant/developer shall comply with all disclosure requirements of the Orange County Fire Department for hazardous materials use and/or storage and the South Coast Air Quality Management District for exhaustion of air contaminants. 24 Type 5 cement shall be used for all foundations and slabs on grade. 25 All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil moisture barrier Exhitbttt A Condit nal Use Permit No. 91-2 and Tentative Tract Map No. 14420 Conditions of Approval Page 5 26 Applicant/developer shall use fire retardant wood shingles for the roof 27 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. 28. 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 29 Screens or baffles shall be installed on the second (top) floor windows to prevent view into adjacent properties containing single-family homes Screens shall be reviewed and approved by the Planning Department prior to building permits being issued. Should the adjacent property be developed into multiple -family the screens may be removed subject to Planning Department approval 30 The applicant/developer shall comply with all provisions of the City Code 31 All applicable conditions of Conditional Use Permit No. 91- 2 and Tentative Tract Map No. 14420 shall be complied with prior to occupancy of the subject building. 32 All requirements of the Orange County Fire Marshal s Office shall be complied with prior to a Certificate of Occupancy being issued. 33 Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department 34. 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. 35 Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 91-2 will require an amendment to the conditional use permit. 36 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 Exhibit A Conditional Use Permit No. 91-2 and Tentative Tract Map No. 14420 Conditions of Approval Page 6 37 Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to the issuance of building permits. 38. All architectural treatments shall be constructed as illustrated on plans and renderings submitted. The final exterior color scheme shall be submitted to City staff for review and approval prior to actually painting the structure. 39 Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 40. 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. 41. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff 42 Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only " 43. 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. 44 Unless otherwise specified, all required trees shall be a minimum 15 -gallon in size and of a variety approved by the Planning Director 45 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. 46 All landscaped areas adjacent to a street right-of-way shall contain a 3 to 1 berm. 47 Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas 48. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. Exhip�tn A Contjt tonal Use Permit No. 91-2 and Tentative Tract Map No. 14420 Conditions of Approval Page 7 49 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 50. 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. 51. 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. 52 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. 53. 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 (S25 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. 54. The width of balconies/decks shall not exceed six feet (6 ) in width with one dimension. 55 Detailed drawings of the trash enclosures shall be reviewed and approved by the Planning Department prior to issuance of building permits 56. The air conditioning units shall be installed on the ground and shall be screened from surrounding properties Location and screening shall be approved by the Planning Department prior to issuance of building permits. 57 Guest/open parking spaces shall have a five foot (5 ) landscaped area between the parking stall and the fence/property line The parking stalls shall be maintained at 9 feet by 20 feet with a 2-1/2 foot overhang for standard Exhibit A" Conditional Use Permit No. 91-2 and Tentative Tract Map No. 14420 Conditions of Approval 1P4e 8 and 8-1/2 feet by 15 feet with a one foot (1) overhang for compact stalls. The parking layout shall be reviewed and approved by the Planning Department prior to issuance of building permits. 58. Exterior lighting shall be reviewed and approved by the Planning Department prior to a building permit being issued. Effective 2/11/91