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Resolution No. 39733 331 RESOLUTION NO 3973 A RESOLUTION OF 1HE CITY COUNCIL OF THE CITY OF CYPRFSS APPROVING TENTATIVE TRACT MAP NO 14495 WITH CONDITIONS WHEREAS an application was made by Future Estates Inc to allow the division of one (1) parcel into one (1) parcel for the development of a ten (10) unit condominium located at 9402 Holder Street 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 will be granted at a future date in accordance with design review approval Subdivision of the existing site into one (1) parcel conforms with the basic intent of the Land Use Element of the City s General Plan 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 664/4 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 ) NOW THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Tentative Tract Map No 14495 subject to the conditions attached hereto as Exhibit "A PASSED AND ADOPTED at a regular meeting of the C�ty Council of the City of Cypress on the 26th day of August v 9 ATTEST MAYOR OF THE CITY OH CYPRESS CITY Cl RK OF E CITY STATE OF CALIFORNIA COUNTY OF ORANGE SS 1, DARRELL ESSFX City Clerk of the City of Cypress DO HEREBY CERTIFY that the toregoing Resolution was duly adopted at a regular meeting of the said City Council held ori the 26th day of August 1991, by the following roll call bvote AYES 5 COUNCIL MEMBERS NOES 0 COUNCIL MEMBERS ABSENT 0 COUNCIL MEMBER Age, Kerry, Nicholson, Partin and Bowman None C I TY Cl I. IA 111 1111 ( Y (II ( YI'Ri ;,_ EXHIBIT "A" CONDITIONAL USE PERMIT NO 91-12 AND TENTATIVE TRACT MAP NO 14495 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 14495 shall be recorded prior to issuance of Building Department Permits 33? 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 All lots shall have a slope gradient of one percent (l%) 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 This proposed development may provide for onsite drainage in the driveway area by means of a sump pump complete with a backup system and grease trap per City Engineer s approval Drainage from roofs, onsite sidewalks and landscaping shall be conveyed to the street by means of underwalk drains No pumping or drainage of storm water shall be permitted over sidewalks or driveways 4 A minimum six foot (6 ) high block wall measured from the highest adjacent finished grade shall be constructed or maintained along the north, east and south property lines The said property line shall have a single block wall only A retaining wall pel. 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 1 3573- Aft - Exhibit "A" Cwic4ir.ional Use Permit No 91-12 Cc tai -Lions of Approval Page 2 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 The existing fifteen foot (15 ) wide private easement for road and public utility purposes shall be quitclaimed prior to approval of Final Tract Map No 14495 A copy of said recorded Quitclaim Deed shall be on file with the City of Cypress Engineering Division prior to issuance of Building Department departments 10 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 11 Holder Street shall be dedicated for an additional nine feet (9 ) of public right-of-way and shall be fully improved with curb gutter sidewalk, driveway street light, paving etc in accordance with City Standards The east side of Holder Street shall have a total half street right-of-way width of forty-two feet (42 ) Said public improvements shall be constructed to join existing improvements to the north and south of this development A two foot (2 ) wide sidewalk easement shall be granted to the City of Cypress at the southerly property line to provide a transition to the existing public improvements 12 The quantity location width, and type of driveways shall be subject to the approval of the City Engineer An effective sight distance for vehicular traffic shall be maintained at the intersection of the driveway entrances with Holder Street No landscaping in excess of three feet (3 ) high will be allowed in the area of the curb returns 1 1 Exhibit "A" Conditional Use Permit No Conditions of Approval 91-12 x4 7 3-4..e.--4-3 Page 3 qq �'- -; `4 13 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 14 Street lights shall be installed per Southern California Edison Company and City Standards Traffic signs shall be installed per City Standards 15 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 Landscaping in public right-of-way shall be maintained by the developer 16 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 17 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) All applicable Building Department Fees 73- e - '+ Exhibit "A" Conditional Use Permit No 91-12 CooeJ5ions of Approval Page 4 18 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 19 All applicable conditions of Conditional Use Permit No 91- 12 and Tentative Tract Map No 14495 shall be complied with prior to occupancy of the subject building 20 All requirements of the Orange County Eire Marshal s Office shall be complied with prior to a Certificate of Occupancy being issued 21 Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department 22 Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No 91- 12 and Tentative Tract Map No 14495 will require an amendment to the conditional use permit 23 Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to the issuance of building permits 24 Interior elevation depicting entrance to den and storage area of den shall be approved by the Planning Director prior to the issuance of building permits 25 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 Exhibit A" Conditional Use Permit No 91-12 Conditions of Approval 26 Balconies shall not exceed six feet (6 ) in width with one dimension 27 Air conditioning equipment in Multiple Family Residential Zones shall comply with Section 9 3 Performance Standards - Residential Zones 28 Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic 29 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 30 The developer shall provide an adequate number of trash enclosures completely screened onsite and at a location acceptable to City staff 31 Parking for the handicapped shall be provided in accordance with State requirements 32 A minimum of three (3) 48 box trees shall be placed within the front setback landscaped area of a variety approved by the Planning Director 33 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 34 Unless otherwise specified all required trees shall be a minimum 15 -gallon in size and of a variety approved by the Planning Director 35 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 36 All landscaped areas adjacent to a street right-of-way shall contain a 3 to 1 berm 37 Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas 1 73_0.-Uletf}-4 Exhibit "A" Conditional Use Permit No 91-12 Cor9.`iy't!•!ons of Approval Page 6 38 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 39 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 40 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 41 Exterior building elevations shallbe maintained in a safe appearance such that the buildings are free of broken missing, or significantly cracked surface finished materials 42 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 43 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 44 An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed 45 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 (Si 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 tor the project granted herein shall be void Exhibit "A" Conditional Use Permit No 91-12 Conditions of Approval 6 -7 - Page 7 -36g 46 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 47 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 48 An automatic fire sprinkler system approved by the Fire Marshal shall be installed 49 Type 5 cement shall be used for all foundations and slabs on grade 50 All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil moisture barrier 51 Applicant/developer shall use fire retardant wood shingles for the roof 52 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 53 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 54 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 55 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 1 �Gicf,P t)— Exhib—it "A" Conditional Use Permit No 91-12 Conditions of Approval Page 8 56 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 Structures shall have automatic fire sprinkler systems 57 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 override Installation of controlled entry access will have an impact on emergency vehicle response times 58 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 59 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