Resolution No. 6337RESOLUTION NO. 6337
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING TENTATIVE TRACT MAP NO. 17503
- WITH CONDITIONS.
WHEREAS, an application was made by Mr. Ed Bonanni to create a one -lot
subdivision on the properties located at 4911 and 4963 Camp Street in the City of
Cypress; and
WHEREAS, the City Council considered evidence presented by the applicant, City
staff and other interested parties at a duly noted public hearing on November 13, 2012,
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. Specific land approvals will be granted in accordance with the Zoning
Code of the City of Cypress. Subdivision of the existing site into a one -lot subdivision for
condominium purposes conforms with the basic 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, are
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 property shall be improved in conformance with the
present 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 property 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 Board having jurisdiction over the proposed
subdivision pursuant to the provisions of Division 7 of the California Water Code (Sections
13000 et seq.).
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.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Tentative Tract Map No. 17503, subject to the
conditions attached hereto as Exhibit "A ".
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 13th day of November, 2012.
OR O. CITY OF CYPRESS
442
ATTEST:
ta'11
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
443
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, 2012, by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Mills, Narain, and Bailey
NOES: 1 COUNCIL MEMBERS: Luebben
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 1 COUNCIL MEMBERS: Seymore
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CITY CLERK OF THE CITY OF CYPRESS
444
EXHIBIT "A"
Conditional Use Permit No. 2012 -07 and Tentative Tract Map No. 17503
4911 and 4963 Camp Street
CONDITIONS OF APPROVAL
*Denotes Mitigation Measures
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 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 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
certificates of occupancy being issued.
6. All applicable conditions of Conditional Use Permit No. 2012 -07 and Tentative Tract Map
No. 17503 shall be complied with prior to occupancy of the subject buildings.
7. Within 48 hours of the approval of the project, the applicant/developer shall deliver to the
Community Development Department the required Fish and Game impact fee in the form of a
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Exhibit "A"
Conditional Use Permit No. 2012 -07 /Tentative Tract Map No. 17503
Conditions of Approval
Page 2
check payable to the County Clerk- Recorder in the amount of $2,101.50 (this fee includes
a $50.00 County administrative fee), to enable the City to file the Notice of Determination
pursuant to Fish and Game Code §711.4 and California Code of Regulations, Title 14, section
753.5. If within such 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 is 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,
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Exhibit "A"
Conditional Use Permit No. 2012 -07 /Tentative Tract Map No. 17503
Conditions of Approval
Page 3
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 permits, 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 Division
Manager, and if determined necessary dedicate the associated easements to the City of
Cypress. If a bond is provided, the applicant shall construct all drainage improvements prior
to certificates 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 the recordation of a subdivision 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 City. 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
the recordation of the subdivision 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.
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Exhibit "A"
Conditional Use Permit No. 2012 -07 /Tentative Tract Map No. 17503
Conditions of Approval
Page 4
16. The applicant shall notify the Community Development 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 Community Development 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(s), the applicant shall pay 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).
Landscaping
18. 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 certificates 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.
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Exhibit "A"
Conditional Use Permit No. 2012 -07 /Tentative Tract Map No. 17503
Conditions of Approval
Sewer
Page 5
19. 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.
Street Landscaping
20. Prior to the issuance of certificates 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.
21. Prior to the issuance of certificates of occupancy, the applicant shall dedicate and fully
improve the project frontage along Camp Street with curb, gutter, sidewalk, landscaped
parkway, drive closure, drive approach, paving, etc., per the City Engineer in
accordance with the City's code requirements for streets.
Streets
22. 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."
23. 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
Assistant City Engineer in consultation with the Planning Manager.
24. Prior to issuance of certificates 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
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Exhibit "A"
Conditional Use Permit No. 2012 -07 /Tentative Tract Map No. 17503
Conditions of Approval
Page 6
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 certificates 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.
26. Prior to recordation of the subdivision map, the applicant shall submit a design plan and
obtain plan approval from the Engineering Division for all proposed City streets.
For proposed public streets, structural sections shall be based on the recommendation of a
soils report prepared by an engineering firm acceptable to the City Engineer. All designs shall
be in conformance with the County of Orange Highway Design Manual. Attention is directed
that street structural sections shall be determined by using an applicable Traffic Index but
shall be not less than 3 inches asphalt concrete over 6 inches of asphalt base. The minimum
flow line grade in streets shall be two - tenths percent (0.20 %), and the minimum A.C. cross
fall shall be two percent (2 %).
Subdivision
27. 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.
Traffic
28. 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.
29. 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 will obtain a public works permit.
Utilities
30. Prior to the issuance of certificates of occupancy, the applicant shall install all new and
existing utility services underground.
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Exhibit "A"
Conditional Use Permit No. 2012 -07 /Tentative Tract Map No. 17503
Conditions of Approval
Page 7
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
31. 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.
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 -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 certificates 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.
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Exhibit "A"
Conditional Use Permit No. 2012 -07 /Tentative Tract Map No. 17503
Conditions of Approval
Page 8
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
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
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Exhibit "A"
Conditional Use Permit No. 2012 -07 /Tentative Tract Map No. 17503
Conditions of Approval
Page 9
(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 -way. 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 CONDITIONS
37. The approval of Conditional Use Permit No. 2012 -07 and Tentative Tract Map No.
17503 shall be contingent upon the effective date (second reading and final adoption) of
the Resolution approving General Plan Amendment No. 2012 -01, and the Ordinance
approving Zone Change No. 2012 -01.
38. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2012 -07 and Tentative Tract Map No. 17503 will require an
amendment to the conditional use permit.
39. Utilities shall not be released and certificates of occupancy shall not be issued until all
conditions of approval of Conditional Use Permit No. 2012 -07 and Tentative Tract Map No.
17503 have been met to the satisfaction of the Community Development Department.
40. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
41. The roofing material for the residential units shall consist of flat concrete tile
representing at least 2 different colors. The buildings shall contain accent trim colors
different than the adjacent building color. Final colors and materials shall be submitted
to the Cypress Planning Division for approval prior to painting the buildings.
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Exhibit "A"
Conditional Use Permit No. 2012 -07 /Tentative Tract Map No. 17503
Conditions of Approval
Page 10
42. At least 60 days prior to the issuance of certificates of occupancy, the applicant shall submit a
detailed landscape and automatic irrigation plan to the Community Development Department
for review and approval. In addition, a bond shall be posted with the Public Works
Department to guarantee against defects in plant materials and workmanship.
43. Unless otherwise specified, all required tress shall be a minimum 15- gallons in size and of a
variety approved by the Community Development Department.
44. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so
as to cover all landscaped areas.
45. A 6 -foot high block wall, measured from the highest adjacent grade, shall be
constructed along the north property line.
46. An 8 -foot high block wall, measured from the highest adjacent grade, shall be
constructed along the east and west property lines of the project site.
47. 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.
48. All interior fences dividing the private yard areas (not located within the front setback area)
shall be a minimum of 6 feet tall, measured from the highest adjacent grade and shall consist
of concrete block or decorative vinyl material. All fencing visible from Camp Street shall
consist of decorative concrete block.
49. 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.
50. All roof mounted equipment, such as heating and air conditioning units, shall be adequately
screened from public view subject to the approval of City staff. Commercial or industrial
developments which adjoin residentially zoned areas shall construct noise bafflers and/or
deflectors on all mechanical equipment mounted outdoors, to the satisfaction of City staff.
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.
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Exhibit "A"
Conditional Use Permit No. 2012 -07 /Tentative Tract Map No. 17503
Conditions of Approval
Page 11
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. Maintenance of common facilities, including common open space, private roads, and access
driveways, shall be provided through legal instruments setting forth a plan or manner of
permanent care and maintenance. Copies of the required codes, covenants, and restrictions
(CC &R's), articles of incorporation, by -laws, or other documents of the home owner's
association or other entity which controls the common facilities, shall be submitted to the City
for approval within 30 days from the date of issuance of building permits.
55. Residents shall be prohibited from using guest parking spaces for the parking of their
personal vehicles. Long -term parking within the guest parking spaces is prohibited.
Restrictions for guest parking spaces shall be included in the CC &R's for the project.
56. 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 2 vehicles.
57. 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.
58. The placement of all air conditioning units shall comply with the City's requirements for
installation of mechanical equipment. The final location of air conditioning units shall be
shown on the site plan and approved by the Planning Division prior to the issuance of
building permits.
59. The developer shall provide mailbox facilities for each residence, to the satisfaction of the
Public Works Director, Community Development Director, and Postmaster.
60. This conditional use 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.
61. On -site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
• Community Development Department • Planning Division •
455
Exhibit "A"
Conditional Use Permit No. 2012 -07 /Tentative Tract Map No. 17503
Conditions of Approval
Page 12
62. The transformer enclosures and water valves shall be placed in locations acceptable to
the Community Development Director and shall be adequately screened from view with
plant materials.
63. 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.
64. 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.
65. All product and material storage shall occur within the buildings. Exterior storage is
specifically prohibited.
66. 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.
67. The project shall comply with all mitigation measures as referenced in the Mitigated
Negative Declaration prior to issuance of certificates of occupancy.
68. 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 adjacent to the
condominium project).
69. A copy of the Condominium Plan for this project shall be submitted to the City staff for
review and approval prior to recordation.
70. Prior to issuance of building permits, the developer shall demonstrate to the City of
Cypress that the use of low water use fixtures, plumbing fixtures and appliances are
planned for the project in accordance with applicable standards and requirements.
71. Project construction /demolition activities shall comply with SCAQMD Rule 403, as
revised. The applicant /developer shall also obtain approval of a dust control plan
from the Engineering Division prior to issuance of each grading or building permit.
Dust - reducing measures shall include regular watering of graded surfaces, restriction
of all construction vehicles and equipment to travel along established and regularly
watered roadways, and suspending operations that create dust during windy
conditions (winds greater than 25 mph). (Air Quality Mitigation Measure No. 1)
• Community Development Department • Planning Division •
456
Exhibit "A"
Conditional Use Permit No. 2012 -07 /Tentative Tract Map No. 17503
Conditions of Approval
Page 13
72. All trucks hauling dirt, sand, soil or other loose materials off -site shall be covered or
watered or shall maintain at least two feet of freeboard (i.e., minimum vertical
distance between the top of the material and the top of the truck). Wash mud - covered
tires and under - carriages of trucks leaving construction site. (Air Quality Mitigation
Measure No. 2)
73. Adjacent streets shall be swept as needed; to remove dirt dropped by construction
vehicles or mud that would otherwise be carried off by trucks departing the site. (Air
Quality Mitigation Measure No. 3)
74. General contractors shall ensure that all construction equipment be properly tuned
and maintained in accordance with manufacturer's specifications. (Air Quality
Mitigation Measure No. 4)
75. All construction vehicles shall be prohibited from idling in excess of five minutes,
both on and off -site. Signs shall be posted limiting idling to five minutes. (Air Quality
Mitigation Measure No. 5)
76. All structures shall be designed as confirmed during the building design plan
checking, to withstand anticipated ground shaking caused by future earthquakes
within an acceptable level of risk, i.e., high risk zone, as designated by the City's
latest adopted edition of the Uniform Building Code. (Geology and Soils Mitigation
Measure No. 1)
77. Prior to issuance of grading permit, a site specific geologic and soils report shall be
prepared by a registered geologist or soils engineer and submitted to the City
Building Division for approval. The report shall specify design parameters necessary
to remediate any soils and geologic hazards. (Geology and Soils Mitigation Measure
No. 2)
78. Precise grading plans shall include an Erosion, Siltation and Dust Control Plan for
the approval of the City Building Department. The Plan's provisions may include
sedimentation basins, sand bagging, soil compaction, revegetation, temporary
irrigation, scheduling and time limits on grading activities, and construction
equipment restriction on -site. This plan shall also demonstrate compliance with
South Coast Air Quality Management District Rule 403, which regulates fugitive dust
control. (Geology and Soils Mitigation Measure No. 3)
79. Project buildings shall be constructed to exceed Title 24 requirements by ten percent.
The project shall also include energy efficiency measures by incorporating green
building materials, which will reduce the project's energy demand. (Greenhouse Gas
Emissions Mitigation Measure No. 1)
• Community Development Department • Planning Division •
457
Exhibit "A"
Conditional Use Permit No. 2012 -07 /Tentative Tract Map No. 17503
Conditions of Approval
Page 14
80. The project shall reduce GHG emissions from electricity by reducing energy demand
through the installation of Energy Star appliances, lighting, and energy- saving
windows. (Greenhouse Gas Emissions Mitigation Measure No. 2)
81. The project shall incorporate efficient water management practices, such as
hydrozoning by grouping plants with the same water needs. This strategy, in addition
to incorporating drought resistant or low -water plants and water - efficient irrigation
techniques, shall reduce the use of potable water by fifty percent. (Greenhouse Gas
Emissions Mitigation Measure No. 3)
82. At least sixty percent of construction waste (by weight) shall be recycled.
(Greenhouse Gas Emissions Mitigation Measure No. 4)
83. The project shall include shade trees to decrease the project's energy demand.
(Greenhouse Gas Emissions Mitigation Measure No. 5)
84. Prior to the issuance of grading permits, Best Management Practices (BMPs) shall be
developed in compliance with Orange County's Municipal NPDES permit program.
(Hydrology and Water Quality Mitigation Measure No. 1)
85. Developer /Property owner shall submit a SWPPP which identifies construction and
post construction BMPs to the Engineering Division for review and approval.
(Hydrology and Water Quality Mitigation Measure No. 2)
86. Prior to the issuance of a grading permit, the applicant shall submit for approval by
the City Public Works Department, a Water Quality Management Plan (WQMP)
superficially identifying Best Management Practices (BMPs) that will be used on -site
to control predictable pollutant runoff. (Hydrology and Water Quality Mitigation
Measure No. 3)
87. Grading and 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,
and no construction activity shall be allowed on Sunday, only if the City's noise
standards are exceeded. Interior building construction and tenant improvements are
limited to the hours of 7:00 a.m. to 8:00 p.m. Monday through Saturday, only if the
City's noise standards are exceeded. In addition, construction equipment shall be
equipped with effective muffling devices. Compliance with this measure is subject to
field verification by City staff. (Noise Mitigation Measure No. 1)
BUILDING CONDITIONS
88. 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.
• Community Development Department • Planning Division •
458
Exhibit "A"
Conditional Use Permit No. 2012 -07 /Tentative Tract Map No. 17503
Conditions of Approval
Page 15
89. An automatic fire sprinkler system, approved by the Fire Marshal, may be required.
90. Type 5 cement shall be used for all foundations and slabs on grade.
91. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
92. A soil investigation report shall be submitted with the plans for plan check. The 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.
93. 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.
94. Prior to final certificates 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.
95. Building plans shall be stamped by a licensed engineer.
96. A pre - grading SWPPP 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.
FIRE AUTHORITY CONDITIONS
97. Plan Submittal: The applicant or responsible party shall submit the plan(s) listed below to
the Orange County Fire Authority for review. Approval shall be obtained on each plan
prior to the event specified:
Prior to issuance of a building permit:
• Fire Master Plan (service code PR145)
• Fire Master System (service code PR400)
POLICE CONDITIONS
98. Common areas not designed for guest parking shall be kept clear at all times. The curbs
located within the developments shall be painted red for fire lane purposes and parking
restrictions shall be posted throughout the development.
• Community Development Department • Planning Division •
459
Exhibit "A"
Conditional Use Permit No. 2012 -07 /Tentative Tract Map No. 17503
Conditions of Approval
Page 16
99. Back lit address signs shall be installed on each residence next to the garage doors for easy
identification by Police and Fire Departments.
100. The developer /applicant shall maintain as many of the existing trees, as feasible, that are
located on the property frontage along Camp Street.
101. The developer shall provide mature trees, 36 inch box trees, in front of the project to the
satisfaction of the Planning Department
Effective: 11 -13 -2012
• Community Development Department • Planning Division •