Resolution No. 6354018
RESOLUTION NO. 6354
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AN AMENDMENT TO TENTATIVE TRACT MAP NO. 17442
— WITH CONDITIONS.
WHEREAS, an application was made by Mr. Chirag Desai of Desai Construction
and Developers to amend a previously approved tentative tract map to allow the
combining of two existing parcels to create a one -lot subdivision for condominium
purposes on the property located at 6151 -6161 Orange Avenue in the City of Cypress.
WHEREAS, the City Council of the City of Cypress considered evidence presented
by the applicant, City staff and other interested parties at a public hearing held on March
11, 2013, with respect thereto.
NOW, THEREFORE, the CITY COUNCIL of the CITY of CYPRESS,
CALIFORNIA, does hereby FIND, RESOLVE, DETERMINE, and ORDER, based upon
substantial evidence taken from the administrative record and at the public hearing, 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. Specific land approvals will be granted in accordance with the
Zoning Code of the City of Cypress. Creating the one -lot subdivision for residential
purposes conforms with the intent of the Land Use Element of the City's General Plan.
2. The subdivision, as designated on the Tentative Tract Map and
supplemented by the conditions listed in Exhibit "A" attached and incorporated herein by
reference, 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 subject site shall be improved in conformance with the
proposed zoning and all applicable ordinances in effect at the time this map is recorded
with the County of Orange. All necessary utility services shall be provided to the subject
site in conformance with the Cypress Municipal Code.
3. The subject tract map complies with all requirements of the California
Subdivision Map Act, and the Cypress Subdivision Ordinance.
4. None of the findings set forth in Government Code Section 66474,
which would preclude approval of this Tentative Tract Map, can be made.
5. 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 having jurisdiction over the
proposed subdivision pursuant to the provision of Division 7 of the California Water Code
(Sections 13000 et seq).
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of
Cypress DOES HEREBY APPROVE the Amendment to Tentative Tract Map No. 17442,
subject to the 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.
019
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 11th day of March, 2013.
ATTEST:
,°cG /11
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
0�-
MAY R OF THE CITY OF PRESS
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 11th day of March, 2013, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bailey, Johnson, Mills and Narain
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Yarc
Lox letuakam-,
CITY CLERK OF THE CITY OF CYPRESS
020
EXHIBIT "A"
Amendment to
Conditional Use Permit No. 2012- 02/Tentative Tract Map No. 17442
6151 -6161 Orange Avenue
CONDITIONS OF APPROVAL
Notes:
Regular text denotes standard conditions of approval.
Bolded conditions represent those specific to this project.
GENERAL CONDITIONS
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.
2. 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 (§ 21000 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.
3. 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 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.
4. The applicant/developer shall comply with all provisions of the Code of the City of Cypress.
5. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a
certificate of occupancy being issued.
• Community Development Department • Planning Division •
Exhibit "A"
Amendments to Conditional Use Permit No. 2012 -02
and Tentative Tract Map 17442
Conditions of Approval
Page 2
021
6. All applicable conditions of Conditional Use Permit No. 2012 -02 and Tentative Tract Map No.
17442, as amended on March 11, 2013, shall be complied with prior to occupancy of the
subject buildings.
7. 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.
8. 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.
PUBLIC WORKS CONDITIONS
Drainage
9. 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:
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.
• Community Development Department • Planning Division •
Exhibit "A"
Amendments to Conditional Use Permit No. 2012 -02
and Tentative Tract Map 17442
Conditions of Approval
Page 3
022
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 be safe from inundation from rainfall
runoff which may be expected from all storms up to and including the theoretical 100 -year
flood.
10. 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.
11. 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.
12. 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 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
13. 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.
14. Prior to recordation of the final Tract Map, 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
• Community Development Department • Planning Division •
Exhibit "A"
Amendments to Conditional Use Permit No. 2012 -02
and Tentative Tract Map 17442
Conditions of Approval
Page 4
023
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
recordation of the final Tract Map.
15. 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 Manager.
16. The applicant shall notify the Planning Director and Public Works Director in writing if any
changes to parcel /tract map are proposed during the plan check process. Permits shall not be
issued until the Planning Director and Public Works Director 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 a substantial nature, an amendment to the
original entitlement may be required.
Fees
17. Prior to issuance of Grading Permit, the applicant shall pay for the following fees (Per
Resolution No. 6118, except as otherwise noted below):
- Final Subdivision Map Check.
- Public Improvement Plan Check.
Public Improvement Permit and Inspection.
Grading / On -Site (Non- Structural) Plan Check.
Grading Permit and Inspection.
- Parks and Recreation.
Drainage Fee for Master Drainage Plan.
City -wide Traffic Improvement.
Regional Traffic Improvement.
- Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD -09).
18. The applicant acknowledges they have read and understood the current Council adopted fee
schedule and its application to their project. Furthermore, the applicant acknowledges that
many fees are actually deposit based trust accounts, such as those for certain plan check and
inspection service, are based on time and materials as the work is provided by outside service
providers at a direct cost to the City. All costs associated with the project shall be borne by the
applicant. Requests for services outside normal working hours or expedited services may be at
a higher rate. Delays by outside forces or by the applicant may result in more hours being
expended. Initial deposits will be calculated based on the scope and schedule of the project
submitted. The accuracy of the scope and the schedule as well as the quality of the submitted or
actual physical work is the responsibility of the applicant. Changes and/or errors to such will
affect the final costs of services charged to the applicant. All deposits will be collected in
• Community Development Department • Planning Division •
Exhibit "A"
Amendments to Conditional Use Permit No. 2012 -02
and Tentative Tract Map 17442
Conditions of Approval
Page 5
024
advance of the work. If the deposit goes below an amount deemed by the Department to cover
the cost of future work, the applicant shall deposit an amount to cover the costs prior to
continuing. The Engineering Division or Planning Division shall provide written notice to the
applicant of any deposit that requires additional funds. The applicant may request at any time
an accounting of the current hours and charges expended on the project and the Department
shall provide within a reasonable timeframe.
Landscaping
19. 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 Sections 27.19 and 25.29E of the Cypress
Municipal Code.
The number of trees shall be determined by dividing the frontage of property, including
driveways, by 40 and rounding up. Trees shall be evenly spaced with a minimum 50 feet from
street tree to street corner curb line. Type of trees shall conform to the City's Street Tree
Master Plan. With prior approval of the Public Works Director, street trees may be replaced by
trees planted in conjunction with an approved on -site landscape plan.
All landscaping in public right -of -way shall be installed and maintained by the applicant or
developer or successor in interest.
20. 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.
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.
Prior to issuance of certificate of occupancy, the applicant shall install all landscaping per the
approved landscaping plan.
The applicant or his successor in interest shall maintain the landscape planted in right -of -way
of the frontage of their property.
Sewer
21. Prior to the recordation of the subdivision map, the applicant shall submit a sewer design plan
detailing all the proposed public sewer lines meeting the requirements of the City Design
Standards for Sewer Facilities.
• Community Development Department • Planning Division •
Exhibit "A"
Amendments to Conditional Use Permit No. 2012 -02
and Tentative Tract Map 17442
Conditions of Approval
Street Lighting
Page 6
025
22. Prior to recordation of the Subdivision Map, the applicant shall design and submit plans for all
street lights within the public right -of -way for incorporation into the City owned street light
system. Street lights on marbelite light poles shall be installed per Southern California Edison
standards /requirements. Street name signs and traffic signs shall be installed per City
Standards.
Streets
23. 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, successors or assigns. The City of Cypress shall have no responsibility for
maintenance."
24. 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 Federal 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 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.
25. Prior to issuance of certificate of occupancy, the applicant shall remove and replace any
existing public improvements at the development site which have existing damage, are
damaged due to construction, or otherwise below current standards, to the satisfaction of the
Engineering Division Manager.
Subdivision
26. Prior to issuance of Building Permits, the applicant shall ensure that the Tract Map 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.
Traffic
27. 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.
• Community Development Department • Planning Division •
Exhibit "A"
Amendments to Conditional Use Permit No. 2012 -02
and Tentative Tract Map 17442
Conditions of Approval
Page 7
026
28. The quantity, location, width, and type of public driveways shall be subject to the approval
of the City Engineer. Prior to construction of any driveway approach upon public street
right -of -way, the applicant shall obtain a public works permit.
Utilities
29. Prior to certificate of occupancy, the applicant shall install all new and existing utility
services underground.
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.
Water Quality
30. 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 formats acceptable
to the Assistant City Engineer.
31. 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 Stormwater
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 Water Quality
Manager. Projects subject to this requirement shall prepare and implement a Stormwater
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.
32. 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 Orange County (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-
• Community Development Department • Planning Division •
Exhibit "A"
Amendments to Conditional Use Permit No. 2012 -02
and Tentative Tract Map 17442
Conditions of Approval
Page 8
027
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.
33. 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.
34. 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:
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
• Community Development Department • Planning Division •
Exhibit "A"
Amendments to Conditional Use Permit No. 2012 -02
and Tentative Tract Map 17442
Conditions of Approval
Page 9
028
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.
35. Prior to the issuance of a certificate of use and 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 Use and 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: 1. The CC &R's
(that must include the approved WQMP and O &M Plan) for the project's Home
Owner's Association; 2. A water quality implementation agreement that has the
approved WQMP and O &M Plan attached; or 3. The final approved Water Quality
Management Plan (WQMP) and Operations and Maintenance (O &M) Plan.
36. 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.
• Community Development Department • Planning Division •
Exhibit "A"
Amendments to Conditional Use Permit No. 2012 -02
and Tentative Tract Map 17442
Conditions of Approval
COMMUNITY DEVELOPMENT CONDITIONS
Page 10
029
37. Utilities shall not be released until all conditions of approval have been met to the satisfaction
of the Community Development Department.
38. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2012 -02, as amended on March 11, 2013, will require an
amendment to the conditional use permit.
39. The developer shall provide mailbox facilities for each residence, to the satisfaction of the
Public Works Director, Community Development Director, and Postmaster.
40. 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.
41. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
42. 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.
43. On -site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
44. The transformer boxes and water valves shall be placed in locations acceptable to the
Community Development Director and shall be adequately screened from view with plant
materials.
45. The developer shall provide an adequate number of trash enclosures onsite and at a location
acceptable to City staff. Construction bins must be maintained onsite. Bin rental shall be
contracted through Consolidated Disposal Services.
46. 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.
47. 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.
• Community Development Department • Planning Division •
Exhibit "A"
Amendments to Conditional Use Permit No. 2012 -02
and Tentative Tract Map 17442
Conditions of Approval
Page 11
030
48. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a
variety approved by the Community Development Director.
49. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as
to cover all landscaped areas.
50. 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.
51. 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.
52. 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.
53. 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.
54. 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.
55. 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.
56. Mechanical devices associated with the cleaning and maintenance of real property may be used
within any zone between the hours of 7:00 a.m. and 8:00 p.m. on weekdays and between the
hours of 8:00 a.m. and 8:00 p.m. on weekends and federal holidays. Such devices include but
are not limited to stationary or mobile pumps, fans, compressors, generators, blowers, and
sweepers. The use of such devices for such purposes is prohibited at all other times.
• Community Development Department • Planning Division •
Exhibit "A"
Amendments to Conditional Use Permit No. 2012 -02
and Tentative Tract Map 17442
Conditions of Approval
Page 12
031
57. Two 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 Home Owner's Association for the maintenance of the common area,
including driveways, parking lots, and landscaping (including the public parkway along Orange
Avenue adjacent to the condominium project property).
58. A copy of the Condominium Plan for this project shall be submitted to the City staff for review
and approval prior to recordation.
59. The condominium development shall maintain individual trash cans for each unit on -site
(one for regular garbage and one for recyclables). 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. Construction bins must be maintained
on -site. Individual trash cans and bin rental shall be contracted through Consolidated
Disposal Services.
60. 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.
61. All interior fences dividing the private yard areas (not located within the front setback
area) shall be a minimum of six feet tall, measured from the highest adjacent grade and
shall consist of concrete block or decorative vinyl material. All fencing visible from
Orange Avenue shall consist of decorative concrete block.
62. 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.
63. 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.
64. 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.
65. Prior to issuance of a Grading Permit, the applicant /developer shall obtain an
Administrative Adjustment, subject to approval by the Community Development
Director, to allow the proposed 19 -foot front yard setback and 8 -foot rear yard setback.
• Community Development Department • Planning Division •
Exhibit "A"
Amendments to Conditional Use Permit No. 2012 -02
and Tentative Tract Map 17442
Conditions of Approval
BUILDING CONDITIONS
Page 13
032
66. Applicant/developer shall obtain the required permits and comply with applicable provisions of
the 2010 California Building, Plumbing, Electrical, and Mechanical Codes, the 2010 California
Administrative Code, Title 24, and the Code of the City of Cypress.
67. An automatic fire sprinkler system, approved by the Fire Marshal, shall be required.
68. Type 5 cement shall be used for all foundations and slabs on grade.
69. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. moisture
barrier.
70. A 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.
71. 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.
72. Prior to final certificate of occupancy, as required by California State Health and Safety Code,
Section 19850, the applicant shall submit to the Cypress Building Division, 35mm microfilm
copies of the approved plans on standard aperture cards, to serve as the official file copy of the
approved building plans. In lieu of microfilm, the applicant can provide plans on CD rom with
self - loading software or other format approved by the building official.
73. Building plans shall be stamped by a licensed engineer.
74. A pre - grading SWPPP's inspection is required prior to grading permit issuance. All required
grading stormwater BMP's shall be installed and inspected by the building division prior to
release of the grading permit.
FIRE AUTHORITY CONDITIONS
75. Prior to issuance of a grading permit, the applicant or responsible party shall submit to the
OCFA a Fire Master Plan (service code PR145) for review and approval.
76. Prior to concealing interior construction, the applicant or responsible party shall submit to
the OCFA a Fire Sprinkler System Plan (service codes PR400- PR455) for review and
approval.
• Community Development Department • Planning Division •
Exhibit "A"
Amendments to Conditional Use Permit No. 2012 -02
and Tentative Tract Map 17442
Conditions of Approval
Page 14
033
77. Specific submittal requirements may vary from those listed above depending on actual
project conditions identified or present during design development, review, construction,
inspection, or occupancy. Standard notes, guidelines, submittal instructions, and other
information related to plans reviewed by the OCFA may be found by visiting www.ocfa.org
and clicking on "Fire Prevention" and then "Planning & Development Services ".
POLICE CONDITIONS
78. Illuminated address signs shall be installed next to each garage door for easy identification
by Police and Fire personnel.
79. 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.
80. 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.
Effective: 3 -11 -2013
• Community Development Department • Planning Division •