Resolution No. 6279RESOLUTION NO. 6279
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING TENTATIVE TRACT MAP NO. 17421
— WITH CONDITIONS.
033
WHEREAS, an application was made by Mr. Hal Woods of Centerstone communities to
create a subdivision for the construction of sixteen (16) single - family homes on the property located
at 5042 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 January 09, 2012, 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 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 Tentative Tract Map No. 17421, subject to the conditions attached hereto as Exhibit "A ".
PASSED AND ADOPTED by the City Council of the City of Cypress at a regul
on the 9th day of January, 2012.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
eeting held
OR OF ITY OF CYPRESS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the
foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 9th
day of January, 2a12, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Narain and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
U
CITY CLERK OF THE CITY OF CYPRESS
034
EXHIBIT "A"
Conditional Use Permit No. 2011 -07 and Tentative Tract Map No. 17421
5042 Orange Avenue
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 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 semc . - 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.
6. All applicable conditions of Conditional Use Permit No. 2011 -07 and Tentative Tract Map
No. 17421 shall be complied with prior to occupancy of the subject buildings.
7. Within forty -eight (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
• Community Development Department • Planning Division •
035
Exhibit "A"
Conditional Use permit No. 2011 -07 /Tentative Tract Map No. 17421
Conditions of Approval
Page 2
in the form of a check payable to the County Clerk- Recorder in the amount of $2,101.50,
and a check payable to the County Clerk- Recorder in the amount of $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 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.
ENGINEERING CONDITIONS
9. All requirements of the State Subdivision Map Act, and the City's Subdivision Ordinance
shall be satisfied. A Tract Map shall be recorded prior to issuance of Building Department
Permits. A copy of the recorded Tract Map shall be submitted to the Engineering Division
prior to the issuance of the first building permit.
10. Upon separate ownership of parcels, reciprocal easements shall be recorded and agreements
filed with the City governing joint use and maintenance of drive approaches, drainage,
onsite parking, irrigation system, etc.
11. 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. Topography of the
area surrounding this development shall be made to establish existing drainage flow
patterns. If the existing natural flow of any adjoining parcel is across the land of this
development, a drainage easement shall be granted and drainage facilities provided for that
property to the satisfaction of the City Engineer. All on -site drainage conveyed to the street
shall be by means of an under - sidewalk drain. On -site landscape areas shall have a slope
gradient of one percent (1%) 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 %).
12. Where an existing block wall is removed, the Developer shall provide suitable temporary
fencing for all adjacent properties during construction of the perimeter walls. A retaining
wall per City standards shall be constructed at the property line where the finish 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. A single block wall shall be provided along the North, East, and West property
lines. In the event an adjacent property owner does not grant permission to remove an
existing fence or wall, the developer shall obtain and submit to the City, a written denial of
the adjacent property owner, or other evidence that demonstrates that the developer used
• Community Development Department • Planning Division •
036
Exhibit "A"
Conditional Use permit No. 2011 -07 /Tentative Tract Map No. 17421
Conditions of Approval
Page 3
best efforts but was unable to obtain the adjacent owners consent to remove the existing
wall. If a new wall is to be constructed adjacent to an existing block wall, a maximum
separation of one inch (1") shall occur between the existing and the newly constructed wall.
The one inch (1 ") separation shall be filled with foam or similar sealing material subject to
approval by the City. Vertical grade separation shall not exceed two feet (2') between two
adjacent properties.
13. Disabled access facilities shall be installed in accordance with the requirements of the
Federal Americans with Disabilities Act (ADA) and State of California Title 24.
14. Installation of Cable T.V. shall be subject to the City Ordinance No. 726. Prior to
construction, the developer shall contact Time Warner (Phone: [888] 892 -2253) for
specifications and procedures for pre -wire of the building and installation of the service
wiring. Necessary permits shall be obtained at the City.
15. 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.
16. As Harmony Lane is a private street it does not meet the requirements of public street
standards, furthermore:
• Harmony Lane shall be fully improved with curb, gutter, sidewalk, pedestrian
ramp, and other improvements as required in accordance with the City's Code
requirements of Streets. Harmony Lane shall have a total right -of -way width
of forty -six feet (46'). Cul -de -sac shall have a minimum curb line radius of
thirty -eight feet (38') with an additional three feet (3') wide tree planting, and
public utility easement on each side of the street.
• Curb returns at the intersection of Harmony Lane and Moody Street shall have
a radius of thirty -five feet (35'). The corner cutoff shall be dedicated to the City
of Cypress for roadway purposes and be fully improved with curb, gutter,
sidewalk, pedestrian ramp, and other improvements as required.
17. On local streets, structural sections shall be based on the recommendation of a soils report
prepared by an engineering firm acceptable to the City Engineer. Street structural sections
shall be determined by using an applicable T.I. (Traffic Index) but shall be not less than 3"
A.C. over 6" A.B. The minimum flow line grade in streets shall be two- tenths percent
(0.2 %), and the minimum A.C. cross fall shall be two percent (2 %).
18. 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 Harmony Lane and Moody Street. No landscaping in excess of three feet (3')
high will be allowed in the area of the curb returns. Adequate sight distance also shall be
maintained within the development at all driveway intersections to the satisfaction of the
City Engineer.
• Community Development Department • Planning Division •
037
Exhibit "A"
Conditional Use permit No. 2011 -07 /Tentative Tract Map No. 17421
Conditions of Approval
Page 4
19. All utility services shall be underground. Trenching and backfill in streets shall be per City
of Cypress Standard No. 109. 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.
20. Street lights on marbelite standards shall be installed per Southern California Edison
Company requirements. Street name signs and traffic signs shall be installed per City
Standards.
21. Street trees (24 inch box) shall be installed in conformance with Sections 27.19 and 25.29.E
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 City Engineer, street
trees may be replaced by trees planted in conjunction with an approved on -site landscape
plan. Landscaping in Public Right -of -Way shall be installed and maintained by the
developer.
22. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer laterals
connected to existing buildings at the property shall be plugged at the property line.
Additionally, the actual alignment of the sewer lateral, tentatively shown on the Tentative
Site Plan, shall be determined through plan check process as submitted for approval by the
City Engineer. The Developer/Property Owner shall be responsible for all Sanitation
District fees, permits, plan check fees, construction, construction inspection, and
coordination between the Developer/Property Owner, Sanitation District, and the City.
23. For landscaping within the public right -of -way, a landscape and irrigation plan shall be
submitted to the Cypress Planning Division for approval and a bond posted by the applicant
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 thirty (30) days prior to planting date. Test
results shall include concentration of nitrogen, phosphorus, potassium, ph, salinity, sodium
status, and boron saturation extract.
24. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS (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.
• Community Development Department • Planning Division •
038
Exhibit "A"
Conditional Use permit No. 2011 -07 /Tentative Tract Map No. 17421
Conditions of Approval
• Park 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).
Page 5
25. All Public Improvements shall be per City of Cypress Standard Plans. All Grading plans,
Street improvement plans, Sewer and Storm Drain plans shall be in ink on 24" x 36" Mylar
with City title block on all sheets.
*26. 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). (Mitigation Measure AIR -1)
*27. 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 sites. (Mitigation Measure AIR -2)
*28. 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.
(Mitigation Measure AIR -3)
*29. General contractors shall ensure that all construction equipment be properly tuned
and maintained in accordance with manufacturer's specifications. (Mitigation
Measure AIR -4)
*30. 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. (Mitigation
Measure AIR -5)
*31. Prior to issuance of grading permits the following will be verified by the Engineering
Division. Fill soils shall be placed at high moisture content, generally at a minimum of
two percent (2 %) greater than the optimum moisture content needed for compaction.
Placing the fill at a higher relative compaction may shorten the settlement period, but
will not necessarily reduce the potential for hydrocompaction. The amount and rate of
settlement depends on the characteristics of the soil fills. Clayey soils generally take
longer to compress. Over - excavation of fill in building areas shall be incorporated into
project grading plans. (Mitigation Measure GEO -2)
• Community Development Department • Planning Division •
039
Exhibit "A"
Conditional Use permit No. 2011 -07 /Tentative Tract Map No. 17421
Conditions of Approval
Page 6
*32. Prior to issuance of grading permits, a permanent Erosion Control Plan shall be
submitted meeting the approval of the Engineering Division. The Erosion Control Plan
shall include methods and devices pursuant to the County Drainage Area
Management Plan or other County standards that will reduce erosion to less than
significant levels, as determined by the project geotechnical engineer. The Erosion
Control Plan shall specify the maintenance of devices following heavy rainfall periods
to confirm that they are performing as designed. (Mitigation Measure GEO -3)
*33. Per the City of Cypress Subdivision Code, Chapter 25 (Subdivisions), a preliminary
soils report, prepared by a civil engineer registered in the State of California, shall be
required prior to the issuance of a grading permit. Any such preliminary soils report
shall be based upon sufficient test borings, and shall indicate the character and quality
of the land and soils within the area being divided. If documentation shows the
presence of critically expansive soils, or conditions indicating slippage, soil movement,
lack of compaction, seismic activity, or any other conditions, which if not corrected
could lead to possible structural damage or defects to structures or dwellings built
upon the land, then the public works director may require a soils investigation on each
lot or parcel in the proposed division. The report shall recommend corrective actions
to be taken which are likely to prevent said defects or damage, and such
recommendations shall be required to be implemented as conditions precedent to the
issuance of building permits for dwellings or structures on the lots or parcels involved.
(Mitigation Measure GEO -4)
*34. Construct Moody Street from Orange Avenue to the south project boundary at its
ultimate half - section width including landscaping and parkway improvements in
conjunction with development, as necessary. (Mitigation Measure TRA -1)
*35. Construct Orange Avenue from Moody Street to the east project boundary at its
ultimate half - section width including landscaping and parkway improvements in
conjunction with development, as necessary. (Mitigation Measure TRA -2)
*36. On -site traffic signing and striping should be implemented in conjunction with detailed
construction plans for the project. (Mitigation Measure TRA -3)
*37. Sight distance at the project access should be reviewed with respect to City of Cypress
standards in conjunction with the preparation of fmal grading, landscaping, and street
improvement plans. (Mitigation Measure TRA -4)
STORMWATER CONDITIONS
38. Developer /property owner shall submit a Storm Water Pollution Prevention Plan (SWPPP)
(projects greater than one acre).
• Community Development Department • Planning Division •
040
Exhibit "A"
Conditional Use permit No. 2011 -07 /Tentative Tract Map No. 17421
Conditions of Approval
Page 7
39. The developer /property owner 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/WOMP.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.
40. Prior to issuance of permits, a certified copy of the final WQMP, along with the approved
grading plan, and all other supporting documentation, shall be submitted in electronic
format on a CD.
41. Prior to issuance of Certificate of Occupancy, Developer shall clean the storm drain system,
catch basins, filters, storm drain lines, inlet boxes, etc. If clean-up is not performed, the City
may make arrangements to clean the system at developer's expense.
42. The developer /property owner shall comply with all applicable requirements established by
the National Pollution Discharge Elimination System (NPDES) Stormwater Permit
Program, the County of Orange Drainage Area Management Plan (DAMP), and the City of
Cypress Local Implementation Plan (LIP) in order to prevent pollution resulting from
stormwater runoff. Prior to submittal for building plan check, the following Standard Notes
that are on file with the Public Works Department shall be included on the project plans
which shall be kept on the job site at all times. Compliance with these standard notes is
required. Questions regarding the construction note requirements should be directed to the
Public Works Department at (714) 229 -6740.
• Community Development Department • Planning Division •
041
Exhibit "A"
Conditional Use permit No. 2011 -07 /Tentative Tract Map No. 17421
Conditions of Approval
Page 8
*43. The project site shall be maintained in compliance with all applicable provisions of
the Fourth Term National Pollution Discharge Elimination System (NPDES)
Permit for north Orange County, the Drainage Area Management Plan (DAMP),
and the City's Local Implementation Plan (LIP). (Mitigation Measure HYD -1)
*44. An Operations and Maintenance Plan shall be prepared and approved by the City
of Cypress prior to the issuance of the first Certificate of Occupancy for the project
in accordance with the approved Water Quality Management Plan (WQMP),
Drainage Area Management Plan (DAMP), and the City's Local Implementation
Plan (LIP). A copy of the plan shall be provided to each property owner at the time
of sale of each property and shall remain with said property in perpetuity. All
activities included in the Operations and Maintenance Plan shall be implemented.
(Mitigation Measure HYD -2)
*45. Prior to issuance of any grading permits, the applicant shall submit evidence to the
Director of Public Works or his designee, that the applicant has obtained coverage
under the NPDES Statewide General Storm Water Permit from the State Water
Resources Control Board. Under this permit each new development and
significant redevelopment is required to comply with the following:
a) Incorporate those construction notes recommended in the Countywide
Drainage Area Management Plan (DAMP); and
b) Develop and implement a long -term post- construction Water Quality
Management Plan (WQMP), describing installation and maintenance of
appropriate structural facilities and conduct of routine non - structural Best
Management Practices (BMP's) consistent with the DAMP New
Development Appendix G. Temporary erosion control measures shall be
prescribed in a Storm Water Pollution Prevention Plan (SWPPP) and the
project grading plans, and implemented during construction. (Mitigation
Measure HYD -3)
COMMUNITY DEVELOPMENT CONDITIONS
46. The approval of Conditional Use Permit No. 2011 -07 and Tentative Tract Map No.
17421 shall be contingent upon the effective date (second reading and final adoption)
of the Resolution approving General Plan Amendment No. 2011 -02, and the
Ordinance approving Zone Change No. 2011 -01, and the Harmony Specific Plan.
47. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
48. The developer shall provide mailbox facilities for each residence, to the satisfaction of the
Public Works Director, Community Development Director, and Postmaster.
• Community Development Department • Planning Division •
042
Exhibit "A"
Conditional Use permit No. 2011 -07 /Tentative Tract Map No. 17421
Conditions of Approval
Page 9
49. The fencing located around the perimeter of the site shall consist of a decorative
concrete block (ie: split -face, slump stone, or similar decorative block) and shall be
approved by the Planning Division prior to issuance of a building permit.
50. The fencing located around the storm drain retention facility shall consist of decorative
wrought iron or equivalent, subject to the approval of the Planning Division prior to
installation.
51. All fencing located between the units shall consist of concrete block, minimum six feet
(6') in height, and shall be installed prior to the issuance of Certificate of Occupancy
for each unit.
52. 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.
53. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
54. 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.
55. The exterior elevation and roofing materials shall consist of at least four (4) different
styles and colors. The roof color, building color, and architectural treatments for each
dwelling shall not duplicate that of the adjacent unit. Final colors and materials shall
be subject to the approval of the Cypress Planning Division.
56. Brick, stone veneer, or a horizontal band three feet (3') in height shall be provided
across the entire front portion of the front building elevations for each of the units.
*57. Street lights shall be LED or approved equal as required by the City, shielded, and
directed downward and shall not spill over onto adjacent residences. (Mitigation
Measure AES -1)
*58. On -site Residential exterior lighting shall be shielded and directed downward, so light
does not spill onto adjacent residences. (Mitigation Measure AES -2)
59. 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.
60. 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.
• Community Development Department • Planning Division •
043
Exhibit "A"
Conditional Use permit No. 2011 -07 /Tentative Tract Map No. 17421
Conditions of Approval
Page 10
61. A detailed landscape and automatic irrigation plan shall be submitted to the Cypress
Planning Division 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 for a
period of one (1) year from acceptance of the landscape installation. All required
landscaping; (including all landscaping and irrigation along Orange Avenue, Moody
Street, and within the storm drain detention facility) shall be permanently maintained
in a neat and healthy condition by the developer or successor Homeowner's
Association to the satisfaction of the Cypress Planning Division. Provisions shall be
included in the project Covenants, Conditions, and Restrictions (CC &R's) ensuring
that all project landscaping, including the areas along Orange Avenue, Moody Street,
and within the storm drain detention facility, shall be maintained to the satisfaction of
the Cypress Planning Division.
*62. Prior to the issuance of a grading permit, the project Landscape Management Plan
will define the types of fertilizers and pesticides that will be used for the project. This
plan will also include specifications from the Orange County Drainage Area
Management Plan, Appendix F, Management Guidelines for Use of Fertilizers and
Pesticides, to minimize water quality impacts from the proposed landscape areas of the
project. (Mitigation Measure HYD -4)
*63. 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, could reduce the use of potable water by up to fifty (50) percent.
(Mitigation Measure GHG -3)
*64. The project shall include shade trees to decrease the project's energy demand.
(Mitigation Measure GHG -5)
65. 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.
66. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a
variety approved by the Community Development Director.
67. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so
as to cover all landscaped areas.
68. A decorative landscape treatment shall be provided and maintained on both sides of
the main entrance to the project, to the satisfaction of the Cypress Planning Division.
69. 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
• Community Development Department • Planning Division •
044
Exhibit "A"
Conditional Use permit No. 2011 -07 /Tentative Tract Map No. 17421
Conditions of Approval
Page 11
to Design Review and may consist of, but not be limited to, requirements for additional
perimeter landscaping as determined appropriate by the Design Review Committee.
70. The project shall comply with all applicable mitigation measures as referenced in the
Negative Declaration prior to issuance of the first Certificate of Occupancy.
71. The future exterior noise impact to the outdoor proposed areas of the residential
homes along Moody Street and Orange Avenue for future conditions could be as high
as 67.3 dBA CNEL. Because the future noise levels of Lots 1 -7 along Orange Avenue
and Lot 16 along Moody Street will exceed 60 dBA CNEL, acoustical shielding of
proposed outdoor areas with block/masonry walls along both roadways will be
required. (Mitigation Measure NOI -1)
72. The following glazing requirements for the project are required to meet the State and
City interior noise criteria of 45 dBA CNEL.
• Dual pane glass or any window with a Sound Transmission Class (STC) rating
of 24 or greater for all first and second floor windows.
• All entrance doors at Lots 1 -7 and 16 should be solid core or equivalent and
must be fully weather - stripped at all perimeters. (Mitigation Measure NOI -2)
73. 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 Friday, only if the 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. (Mitigation Measure NOI -3)
74. Two (2) copies of the CC &R's covering the development shall be submitted to the City
staff (prior to recordation) for review and approval to assure the continuous
maintenance applicability and enforceability of the CC &R's so that the development
will not become a liability to the City at a later date. The CC &R's shall assign
responsibility to the homeowners association for the maintenance of the common area,
including driveways, storm drain detention facility, the internal street, and
landscaping (including the landscaped area along Orange Avenue and Moody Street).
BUILDING CONDITIONS
75. 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 •
045
Exhibit "A"
Conditional Use permit No. 2011 -07 /Tentative Tract Map No. 17421
Conditions of Approval
Page 12
*76. Project buildings shall be constructed to exceed Title 24 requirements by ten percent
(10 %). The project shall also include energy efficiency measures by incorporating
green building materials, which will reduce the project's energy demand. (Mitigation
Measure GHG -1)
*77. The project shall reduce GHG emissions from electricity by reducing energy demand
through the installation of Energy Star appliances, lighting, and energy- saving
windows. (Mitigation Measure GHG -2)
*78. At least sixty percent (60 %) of construction waste (by weight) shall be recycled.
(Mitigation Measure GHG -4)
79. An automatic fire sprinkler system, approved by the Fire Marshal, is required.
80. Type 5 cement shall be used for all foundations and slabs on grade.
81. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
82. 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.
*83. Prior to issuance of grading or building permit, whichever comes first, the applicant
shall submit a Final Geotechnical Report to the Engineering and Building Divisions.
Appropriate seismic design provisions shall be included in the project design in
accordance with the recommendations of the geotechnical and structural engineers
and geologists for the project. All structures shall be designed as confirmed, during
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 California Building Code. (Mitigation
Measure GEO -1)
*84. The project applicant /developer shall be subject to school assessment fees pursuant to
California State Law. The applicant /developer shall provide evidence of this fee
payment prior to issuance of City building permits. (Mitigation Measure PS -1)
85. 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.
86. 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
• Community Development Department • Planning Division •
046
Exhibit "A"
Conditional Use permit No. 2011 -07 /Tentative Tract Map No. 17421
Conditions of Approval
Page 13
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.
87. Building plans shall be stamped by a licensed engineer.
88. 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.
*89. In the event that paleontological resources are unearthed during subsurface
construction activities, all earth - disturbing work within a 100 -ft. radius of the find
shall be temporarily suspended or redirected until a paleontologist has evaluated the
nature and significance of the find of that resource. (Mitigation Measure CR -1)
FIRE AUTHORITY CONDITION
90. 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 sprinkler system (service code PR400)
POLICE CONDITION
91. Illuminated address signs shall be installed on each residence next to the garage doors for
easy identification by Police and Fire Departments.
Effective: 1 -09 -2012
• Community Development Department • Planning Division •