Resolution No. 6247RESOLUTION NO. 6247
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING TENTATIVE TRACT MAP NO. 17390
- WITH CONDITIONS.
WHEREAS, an application was made by Habitat For Humanity to construct fifteen
(15) condominiums on the property located at 6122 Lincoln Avenue; and
WHEREAS, the City Council considered evidence presented by the applicant, City
staff and other interested parties at a duly noted public hearing on May 23, 2011, 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 single -lot subdivision
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.).
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Tentative Tract Map No. 17390, subject to the
conditions attached hereto as Exhibit "A ".
PASSED, APPROVED AND ADOPTED
Cypress at a regular meeting held on the 23rd day
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
City Co ncil of the City of
y, 2011.
MAYO THE CITY OF CYPRESS
426
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
427
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 23rd day of May, 2011, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Luebben, Narain, Seymore and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
1 / ^i'b c -.C� -lam)
CITY CLERK OF THE CITY OF CYPRESS
EXHIBIT "A"
Conditional Use Permit No. 2011 -04 and Tentative Tract Map No. 17390
6122 Lincoln Avenue
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 sec . - 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 -04 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-
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Exhibit "A"
Conditional Use Permit No. 2011- 04 /TTM 17390
Conditions of Approval
Page 2
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.
ENGINEERING CONDITIONS
9. All requirements of the State Subdivision Map Act, and the City's Subdivision Ordinance
shall be satisfied. A Parcel/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. 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%).
11. The developer shall drain the north one hundred feet (100') of the property to Lincoln
Avenue. The remaining portion shall drain southerly, and either sheet -flow across the south
property line to Cypress College or be collected in a storm drain system connecting to the
Cypress College drainage system. The developer shall be responsible, and obtain
permission, for any needed modifications to Cypress College property. Contact Cathy
Sanroman, Cypress College Physical Plant Operations Manager at (714) 484 -7390.
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 South, 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 best
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Exhibit "A"
Conditional Use Permit No. 2011- 04/TTM 17390
Conditions of Approval
Page 3
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. The developer shall provide adequate "No Parking" controls within the development and
appropriate "No Parking - Fire Lane" signs shall be installed per California Vehicle Code
#22658, to the satisfaction of the Building Official and County Fire Marshal.
14. 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.
15. 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.
16. 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.
17. Lincoln Avenue shall be fully improved with drive closures, drive approach, utility
relocations, etc., in accordance with the City's Code requirement for streets.
18. 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
three inches (3 ") A.C. over six inches (6 ") A.B. The minimum flow line grade in streets
shall be two - tenths percent (.2 %), and the minimum A.C. cross fall shall be two percent
(2 %).
19. The quantity, location, width, and type of driveways shall be subject to the approval of the
City Engineer. An effective sight distance for vehicular traffic shall be maintained at the
intersection of the driveway entrances with Enter Info. 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.
20. 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.
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Exhibit "A"
Conditional Use Permit No. 2011- 04/TTM 17390
Conditions of Approval
Page 4
21. A street light on marbelite standards shall be relocated per Southern California Edison
Company and City requirements. Street name signs and traffic signs shall be installed per
City Standards.
22. 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 forty (40) and rounding up. Trees shall be
evenly spaced with a minimum fifty feet (50') 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.
23. 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.
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.
• 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).
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.
STORMWATER QUALITY
26. Developer/Property owner shall submit a Water Quality Management Plan (WQMP),
which identifies construction and post construction Best Management Practices (BMP's),
to the Engineering Division for review and approval. The project shall also incorporate
measures as specified in the NPDES Permit, County of Orange Drainage Area
Management Plan (DAMP), and Cypress Local Implementation Plan to help control
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Exhibit "A"
Conditional Use Permit No. 2011- 04/TTM 17390
Conditions of Approval
Page 5
runoff. Examples of BMP's and control measures are included in the California Storm
Water Best Management Practices Handbook, Industrial /Commercial and Construction
Activity, the County of Orange Drainage Area Management Plan, and Cypress Local
Implementation Plan.
27. 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.
28. 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.
COMMUNITY DEVELOPMENT CONDITIONS
29. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
30. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2011 -04 will require an amendment to the conditional use
permit.
31. The developer shall provide mailbox facilities for each residence, to the satisfaction of the
Community Development Director, and Postmaster.
32. 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.
33. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
34. All architectural treatments and materials shall be as illustrated on the plans and
renderings submitted. All exterior elevations which abut a street or driveway shall
contain a stone veneer treatment along the base of the buildings. The final exterior
color scheme shall be submitted to City staff for review and approval prior to actually
painting the buildings.
35. On -site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
36. 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.
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Exhibit "A"
Conditional Use Permit No. 2011- 04/TTM 17390
Conditions of Approval
Page 6
37. 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.
38. Prior to the submittal of the Master Fire Plan, the applicant/developer shall obtain
approval of the location of the Fire Department double -check valve from the Cypress
Planning Division.
39. 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.
40. 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 shall be
permanently maintained in a neat and orderly condition.
41. 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.
42. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a
variety approved by the Community Development Director.
43. A redwood landscape retainer, a minimum of two inches by six inches (2" x 6 ") in size, shall
be installed along all property lines where necessary to retain the landscape planters until
adjoining properties are developed.
44. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so
as to cover all landscaped areas.
45. 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.
46. 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.
47. 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. 2011- 04/TTM 17390
Conditions of Approval
Page 7
48. 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.
49. 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.
50. All proposed street names for newly created streets, whether public or privately owned, shall
be subject to the approval of the City. The developer shall submit to the Community
Development Department a list of three (3) proposed names and the new street names shall
be taken from this list or as recommended by City staff. New streets that align with existing
streets shall use the existing street name. Building addresses shall be assigned by the City
Building Division.
51. Two (2) 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 homeowners association for the maintenance of the common
area, including driveways, parking lots, and landscaping (including the public parkway
along Lincoln Avenue adjacent to the condominium project property).
52. A copy of the Condominium Plan for this project shall be submitted to the City staff for
review and approval prior to recordation.
53. The CC &R's shall include a section which identifies the Best Management Practices
(BMP's) approved for the project included as part of the Water Quality Management
Plan. The Homeowners Association shall be required to maintain and provide proof
of maintenance of all on -site BMP's to the City of Cypress as required by the approved
Water Quality Management Plan.
54. A minimum of eight (8) guest parking spaces shall be provided with each guest space
identified by signage or stenciled on the actual parking space. In addition, a minimum
of five (5) open parking spaces shall be provided which 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.
55. 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 (2)
vehicles.
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Exhibit "A"
Conditional Use Permit No. 2011- 04/TTM 17390
Conditions of Approval
Page 8
56. The project driveway shall consist of concrete and include a decorative pattern of
stamped, colored concrete, porous pavers, or similar decorative material, subject to
approval by the Community Development Department.
57. The roof materials shall consist of concrete tile with the color subject to approval by
the Cypress Planning Division.
BUILDING CONDITIONS
58. Applicant/developer shall obtain the required permits and comply with applicable provisions
of the 2010 California Residential Building, Plumbing, Electrical, Mechanical, and Green
Building Standards Codes, the 2010 California Administrative Code, Title 24, and the Code
of the City of Cypress.
59. An automatic fire sprinkler system, approved by the Fire Marshal, is required.
60. Type 5 cement shall be used for all foundations and slabs on grade.
61. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
62. 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.
63. 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.
64. Prior to issuance of the 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.
65. Building plans shall be stamped by a licensed engineer.
66. A pre - grading Storm Water Pollution Prevention Plan (SWPPP) 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.
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Exhibit "A"
Conditional Use Permit No. 2011- 04/TTM 17390
Conditions of Approval
FIRE AUTHORITY CONDITION
Page 9
67. The Applicant shall submit the following plans to the Orange County Fire Authority for
review:
Prior to issuance of a grading permit:
• Fire Master Plan (service code PR145)
Prior to issuance of a building permit:
• Architectural Plans (service codes PR200- PR285)
• Fire Sprinkler System Plans (service codes PR400- PR465)
Prior to concealing interior construction:
• Sprinkler Monitoring System (service code PR500)
• Fire Alarm System (service code PR500- PR520)
POLICE CONDITIONS
68. Illuminated address signs shall be installed next to each garage door for easy
identification by Police and Fire personnel.
69. 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.
70. Security lighting shall be provided in the parking areas, public open space, and
driveways. A light fixture shall be provided for each garage door and front door
entrance.
Effective: May 23, 2011
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