Resolution No. 6121 298
RESOLUTION NO. 6121
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING A ONE-YEAR EXTENSION OF
VARIANCE NO. 2007-07—WITH CONDITIONS.
VARIANCE NO. 2007-07
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That a written request was filed for a one-year extension of Variance No. 2007-
07, in accordance with the provisions of Section 4.19.080.1 of the Zoning Ordinance of the
City of Cypress, to allow a two-foot (2') side yard building setback instead of the required five
feet (5') for the purpose of constructing a three (3) unit condominium development located at
8705 La Salle Street within the RM-20 Residential Multiple-Family Zone.
2. That the City Council, after proper notice thereof, duly held a public hearing on
said application as provided by law.
3. That in accordance with Section 4.19.080 of the Zoning Ordinance of the City
of Cypress, the City Council hereby finds that:
(a) That strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of this chapter because compliance with the 5 foot (5')
side yard building setback standard would result in landscape open area deficiency
that of the required 35 percent (35%) in the RM-20 Residential Multiple-Family Zone;
and
(b) That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved which do not apply generally to other properties in
the same zone because, the subject property has a substandard lot width of 50 feet at
the front of the property, rather than the standard 100-foot lot width required for new
subdivisions in the RM-20 Residential Multiple-Family Zone, and
(c) That strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the owners of other
properties in the same zone because similar properties within the RM-20 Residential
Multiple-Family Zone have been approved for similar variances under substandard
circumstances similar to the one proposed (i.e. 9532Walker Street, 9542 Walker
Street and 9552 Walker Street); and
(d) That the granting of the variance as conditioned will not constitute the
granting of a special privilege inconsistent with the limitations on other properties in
the vicinity classified in the same zone because, other variances for reductions in side
yard building setbacks, of this magnitude, on similar lots having substandard lot
dimensions and/or lot sizes, have been granted in the past; and
(e) That the granting of the variance will not be detrimental to the public
health, safety, or welfare, or materially injurious to properties or improvements in the
vicinity, because, as conditioned, the proposed building addition shall be subject to all
applicable Health and Safety Code, Building Code, Fire Safety Code, and City Code
requirements.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Variance No. 2007-07, subject to the conditions attached
hereto as Exhibit "A".
299
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 27th day of October, 2008.
MAYOR OF THE CIT/7OF CYPRESS
ATTEST:
" (-,X pct
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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 27th day of October, 2008, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bailey, Luebben, Narain, and Seymore
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Mills
CITY CLERK OF THE CITY OF CYPRESS
300
EXHIBIT "A"
Conditional Use Permit No.2007-11,Tentative Tract Map No. 17225
and Variance No.2007-07
8705 La Salle Street
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. City shall further cooperate fully in the defense of the action and should the City fail
to either promptly notify or cooperate fully, developer shall not thereafter be responsible to
defend, indemnify, or hold harmless the City.
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 and the City of Cypress
Building and Safety Division shall be satisfied prior to a Certificate of Occupancy being
issued.
• Community Development Department •Planning Division •
301
Exhibit"A" Page 2
C.U.P No. 2007-11, T.T.M No. 17225, and Variance No. 2007-07
Conditions of Approval
6. All applicable conditions of Conditional Use Permit No. 2007-11,Tentative Tract Map
No. 17225 and Variance No. 2007-07 shall be complied with prior to occupancy of the
subject building.
7. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall
deliver to the Community Development Department a check payable to the County Clerk-
Recorder in the amount of Fifty Dollars ($50.00) County administrative fee, to enable the
City to file the Notice of Exemption pursuant to Fish and Game Code §711.4 and California
Code of Regulations, Title 14, section 753.5. If, within such forty-eight (48) hour period, the
applicant/developer has not delivered to the Community Development Department the
check required above, the approval for the project granted herein shall be void.
8. Any and all correction notice(s) generated through the plan check and/or inspection
process is/are hereby incorporated by reference as conditions of approval and shall be
fully complied with by the owner, applicant and all agents thereof.
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 condominium map shall be submitted to the Engineering
Division prior to the issuance of the first Certificate of Occupancy.
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. A 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. 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, South, 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 •
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Exhibit "A" Page 3
C.U.P No. 2007-11, T.T.M No. 17225, and Variance No. 2007-07
Conditions of Approval
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.
12. 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. The developer
of this project shall provide adequate speed control within the development to the
satisfaction of the City Engineer. On-site traffic circulation shall be subject to the approval
of the City Engineer.
13. Disable 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 Comcast (Phone: [562] 259-2192) or Time Warner
(Phone: [714] 895-6886) 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. La Salle Street shall be fully improved with drive approach closure, drive approach, etc., in
accordance with the City's Code requirements of Streets.
17. 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 Walker 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.
18. 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.
19. Street trees (24 inch box) shall be installed in conformance with Section 27.19 and 25.29E
of 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 front street tree to street corner curb line. Type of trees shall conform to
• Community Development Department • Planning Division •
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Exhibit "A" Page 4
C.U.P No. 2007-11, T.T.M No. 17225, and Variance No. 2007-07
Conditions of Approval
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.
20. 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.
21. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Final Subdivision Map Filing (Per Resolution No. 4001).
• Public Works Plan Check&Inspection (Per Resolution 5069).
• Park and Recreation (Per Ordinance 769).
• Drainage Fee for Master Drainage Plan (Per Resolution 2287).
• City-wide Traffic Improvement(Per Resolution 4348 and current fee Resolution).
• Regional Traffic Improvement (Per Resolution No. 4400).
• Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD-09).
• Grading Plan Check and Permit (Per Resolution 5069).
22. 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.
23. Developer/Property owner shall obtain a Notice of Intent from the State of California
Regional Water Quality Control Board. A copy of the Notice of Intent acknowledgement
from the State of California Regional Water Quality Control Board shall be submitted to the
City of Cypress before issuance of grading permits.
24. Developer/Property owner shall submit a Stormwater Pollution Prevention Plan and a Water
Quality Management Plan, 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 County of Orange Drainage Area
Management Plan (DAMP) to help control runoff. Examples of BMP's and control
measures are included in the California Stormwater Best Management Practices Handbook,
Industrial/Commercial and Construction Activity, March 1993 and the County of Orange
Drainage Area Management Plan (1993). Appropriate Structural and Non-Structural BMP's
for Fuel Dispensing facilities shall be included in the Water Quality Management Plan.
25. Although the proposed project is less than 5 acres, submittal of a Stormwater Water
Pollution Prevention Plan shall be required due to the nature of the proposed project of
information which shall include appropriate construction and post construction Best
Management Practices (BMP).
• Community Development Department •Planning Division •
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Exhibit "A" Page 5
C.U.P No. 2007-11, T.T.M No. 17225, and Variance No. 2007-07
Conditions of Approval
STORMWATER QUALITY CONDITIONS
26. For those applications involving New Development:
a. The applicant shall submit a project specific Water Quality Management Plan 14. ,
(Project WQMPs) in accordance with the Section A-7.6 and Exhibit A-7.IV of the
Council adopted Local Implementation Plan if the application meets any of the
following criteria:
(1) The development qualifies as one of the priority project categories listed as
follows: residential development of 10 units or more; commercial and industrial
development greater than 100,000 square feet including parking areas; automotive
repair shop (SIC codes 5013, 5014, 5541, 7532-7534, and 7536-7539);
(2) The development is a restaurant where the land area of development is 5,000
square feet or more including parking areas (SIC code 5812);
(3) The development involves an impervious surface of 2,500 square feet or more
located within, directly adjacent to (within 200 feet), or discharging directly to
receiving water within Environmentally Sensitive Areas; or
(4) The development involves a parking lot area of 5,000 square feet or more, or
with 15 or more parking spaces, and potentially exposed to urban runoff or the
development does not qualify as one of the Priority Project Categories but
requires discretionary action that will include a precise plan of development
(unless the Director of Community Development deems the project as exempt
from this requirement) or requires issuance of a non-residential plumbing permit
predominantly for changes to fuel dispensers.
b. The applicant shall include in its WQMP identification of the relevant best
management practices in the project design if such project meets one of the categories
for priority project designation noted above.
27. For those applications involving Significant Redevelopment, where the "Significant
Redevelopment" consists of development that would create or add at least 5,000 square
feet of impervious surfaces on an already developed site and includes, but is not limited
to: the expansion of a building footprint; addition to or replacement of a structure;
replacement of an impervious surface that is not part of a routine maintenance activity; or
where the "Significant Redevelopment" consists of land disturbing activities related with
structural or impervious surfaces but does not include trenching and resurfacing
associated with utility work; resurfacing and reconfiguring surface parking lots; or where
the "Significant Redevelopment" consists of new sidewalk construction, pedestrian
ramps, or bike lane on public and private existing roads; and replacement of damaged
pavement. Replacement of impervious surfaces includes any activity that is not part of a
• Community Development Department •Planning Division •
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Exhibit "A" Page 6
C.U.P No. 2007-11, T.T.M No. 17225, and Variance No. 2007-07
Conditions of Approval
routine maintenance activity where impervious material(s) are removed, exposing
underlying soil during construction.
a. The applicant shall submit a project specific Water Quality Management Plan
(Project WQMPs) in accordance with the Section A-7.6 and Exhibit A-7.IV of the
Council adopted Local Implementation Plan the application meets any of the
following criteria:
(1) The development qualifies as one of the priority project categories listed as
follows: residential development of 10 units or more; commercial and industrial
development greater than 100,000 square feet including parking areas; automotive
repair shop (SIC codes 5013, 5014, 5541, 7532-7534, and 7536-7539);
(2) Restaurant where the land area of development is 5,000 square feet or more
including parking areas (SIC code 5812); impervious surface of 2,500 square feet or
more located within, directly adjacent to (within 200 feet), or discharging directly to
receiving water within Environmentally Sensitive Areas;
(3) Parking lot area of 5,000 square feet or more, or with 15 or more parking
spaces, and potentially exposed to urban runoff or the development does not
qualify as one of the Priority Project Categories but requires discretionary action
that will include a precise plan of development (unless the Director of
Community Development deems the project as exempt from this requirement)
or requires issuance of a non-residential plumbing permit predominantly for
changes to fuel dispensers.
28. The applicant shall include in its WQMP identification of the relevant best management
practices in the project design if such project meets one of the categories for priority
project designations noted above, except where the "Significant Redevelopment" results
in an increase of less than fifty percent of the impervious surface of a previously existing
development, and the existing development was not subject to WQMP requirements, the
WQMP requirements apply only to the addition, and not to the entire development.
29. For those applications involving any development that is required to submit a WQMP,
the applicant shall conform to the following requirements:
a. WQMP's for priority new or significant redevelopment must address site design
BMP's, routine structural and non-structural Source Control BMP's, Treatment
Control BMP's, including consideration of a regional or watershed approach, and the
mechanism(s) by which long-term operation and maintenance of all structural BMP's
will be provided while non-priority new or significant redevelopment must address
routine structural and non-structural Source Control BMP's, consideration of Site
Design BMP's, and the mechanism(s) by which long-term operation and maintenance
of all structural BMP's will be provided:
• Community Development Department•Planning Division •
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Exhibit "A" Page 7
C.U.P No. 2007-11, T.T.M No. 17225, and Variance No. 2007-07
Conditions of Approval
b. The applicant shall submit the WQMP prior at one or both points in the project
planning and permitting stage as determined by the Director of Community
Development:
(i) During the discretionary approval process (land use permit) of a proposed
project, when the City would exercise judgment or deliberation in order to approve or
disapprove a new development or significant redevelopment project, or
(ii) During the ministerial approval process of issuing a grading, building,
demolition, or similar "construction" permits in which only fixed standards or
objective measures are applied.
c. For projects that require submittal of construction plans, the applicant for plan check
must incorporate all of the structural BMP's identified in an approved Project WQMP
and therefore, the applicant is required to obtain approval of the final Project WQMP
prior to submitting construction plans for plan check.
d. Prior to the issuance of any grading or building permits for projects that will result in
soil disturbance of one or more acres of land, the applicant shall demonstrate that
coverage has been obtained under California's General Permit for Stormwater
Discharges Associated with Construction Activity by providing a copy of the Notice
of Intent (NOI) submitted to the State Water Resources Control Board and a copy of
the subsequent notification of the issuance of a Waste Discharge Identification
(WDID) Number. Projects subject to this requirement shall prepare and implement a
Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall
be kept at the project site and be available for City review on request.
e. Prior to the issuance of any building or grading permits or prior to recordation upon
subdivision of land if determined applicable by Director of Community Development,
the applicant shall submit to the City for review and approval a Water Quality
Management Plan that:
(i) Addresses Site Design BMP's such as minimizing impervious areas,
maximizing permeability, minimizing directly connected impervious areas,
creating reduced or"zero discharge" areas, and conserving natural areas
(ii) Incorporates the applicable Routine Source Control BMP's as defined in the
DAMP
(iii) Incorporates Treatment Control BMP's as defined in the DAMP
(iv) Generally describes the long-term operation and maintenance requirements for
the Treatment Control BMP's
• Community Development Department•Planning Division •
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Exhibit "A" Page 8
C.U.P No. 2007-11, T.T.M No. 17225, and Variance No. 2007-07
Conditions of Approval
(v) Identifies the entity that will be responsible for long-term operation and
maintenance of the Treatment Control BMP's, and
(vi) Describes the mechanism for funding the long-term operation and
maintenance of the Treatment Control BMP's.
f. Prior to building or grading permit close-out and/or the issuance of a certificate of use
or a certificate of occupancy, the applicant shall:
(i) Demonstrate that all structural Best Management Practices (BMP's) described
in the Project WQMP have been constructed and installed in conformance
with approved plans and specifications,
(ii) Demonstrate that applicant is prepared to implement all non-structural BMP's
described in the Project WQMP,
(iii) Demonstrate that an adequate number of copies of the approved Project
WQMP are available on-site,
(iv) Demonstrate that a mechanism or agreement acceptable to the City has been
executed for the long-term funding and performance of BMP operation,
maintenance, repair, and/or replacement.
(v) For industrial facilities subject to California's General Permit for Stormwater
Discharges Associated with Industrial Activity as defined by Standard
Industrial Classification (SIC) code, demonstrate that coverage has been
obtained by providing a copy of the Notice of Intent (NOI) submitted to the
State Water Resources Control Board and a copy of the notification of the
issuance of a Waste Discharge Identification (WDID) Number.
g. Submit for review and approval by the City an Operations and Maintenance (O&M)
Plan for all structural BMP's. The plan must include the following:
(i) Structural BMP's
(ii) Employee responsibilities and training for BMP operation and maintenance
(iii) Operating schedule
(iv) Maintenance frequency and schedule
(v) Specific maintenance activities
(vi) Required permits from resource agencies, if any
• Community Development Department •Planning Division •
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Exhibit "A" Page 9
C.U.P No. 2007-11, T.T.M No. 17225, and Variance No. 2007-07
Conditions of Approval
(vii) Forms to be used in documenting maintenance activities
(viii) Notification to Orange County Vector Control District of the structural BMP's
in place
(ix) Recordkeeping requirements (at least 5 years)
(x) If a property owner or a private entity, such as a Homeowners Association
(HOA), retains or assumes responsibility for operation and maintenance of
structural BMP's, the applicant will require access for inspection through an
agreement. Such access easements shall be binding throughout the life of the
project, or until the BMP's requiring access are acceptably replaced with a
BMP not requiring access. Funding for the long-term operation and
maintenance of structural BMP's will be front-funded, or otherwise
guaranteed via mechanisms such as approved assessment districts, or other
funding mechanisms.
h. The applicant shall obtain a separate public works permit for any BMP that is
required within the public right of way. During the rainy season from October 1 to
April 30, any BMP that is placed in front of a storm drain catch basin or inlet shall be
placed at the beginning of the workday and removed at the end of each workday to
reduce any potential for flooding. The applicant shall monitor if rain is expected, to
remove the BMP during the workday.
(i) Prior to the issuance of a building or grading permit, the applicant shall
include the following as general or special notes on both the building and
grading plan sheets for new development or significant redevelopment
projects and shall adhere to the note requirements:
i. Sediment from areas disturbed by construction shall be retained on site
using structural controls to the maximum extent practicable.
ii. Stockpiles of soil shall be properly contained to minimize sediment
transport from the site to streets, drainage facilities or adjacent properties
via runoff, vehicle tracking, or wind.
iii. Appropriate BMP's for construction-related materials, wastes, spills or
residues shall be implemented to minimize transport from the site to
streets, drainage facilities, or adjoining properties by wind or runoff.
iv. Runoff from equipment and vehicle washing shall be contained at
construction sites unless treated to reduce or remove sediment and other
pollutants.
• Community Development Department•Planning Division •
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Exhibit "A" Page 10
C.U.P No. 2007-11, T.T.M No. 17225, and Variance No. 2007-07
Conditions of Approval
v. All construction, contractor and subcontractor personnel are to be made
aware of the required best management practices and good housekeeping
measures for the project site and any associated construction staging areas.
vi. At the end of each day of construction activity, all construction debris and
waste materials shall be collected and properly disposed in trash or recycle
bins.
vii. Construction sites shall be maintained in such a condition that an
anticipated storm does not carry wastes or pollutants off the site.
Discharges of material other than stormwater are allowed only when
necessary for performance and completion of construction practices and
where they do not: cause or contribute to a violation of any water quality
standard; cause or threaten to cause pollution, contamination or nuisance;
or contain a hazardous substance in a quantity reportable under Federal
Regulations 40 CFR Parts 117 and 302.
viii. Potential pollutants include but are not limited to: solid or liquid chemical
spills; wastes from paints, stains, sealants, glues, lime, pesticides,
herbicides, wood preservatives and solvents, asbestos fibers, paint flakes
or stucco fragments; fuels, oils, lubricants, and hydraulic, radiator or
battery fluids; concrete, detergent or floatable wastes; wastes from any
engine/equipment steam cleaning or chemical degreasing; and super
chlorinated potable water line flushings.
ix. During construction, disposal of such materials should occur in a specified
and controlled temporary area on-site physically separated from potential
stormwater runoff, with ultimate disposal in accordance with local, state
and federal requirements.
x. Dewatering of contaminated groundwater, or discharging contaminated
soils via surface erosion is prohibited. Dewatering of non-contaminated
groundwater requires a National Pollutant Discharge Elimination System
(NPDES) permit from the respective State Regional Water Quality
Control Board."
30. The applicant shall implement the following project specific conditions with regards to
water quality:
a. Prior to the issuance of any building permits, the applicant shall include in the plans
any urban runoff control measures deemed necessary by the Building Official for
• Community Development Department • Planning Division •
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Exhibit "A" Page 11
C.U.P No. 2007-11, T.T.M No. 17225, and Variance No. 2007-07
Conditions of Approval
those situations where the threshold of a WQMP may not be met but where the
project requires urban control runoff measures.
31. Prior to the issuance of certificate of use and occupancy or building permits for individual
tenant improvements or construction permits for a tank or pipeline, uses shall be identified
for specified uses, the applicant shall propose plans and measure for chemical
management (including, but not limited to, storage, emergency response, employee training,
spill contingencies and disposal). The chemical management measures shall be
incorporated as an element of a Water Quality Management Plan and shall be subject to the
approval of the City Building Official and other specified agencies such as the Fire
Authority/Fire Department, the Orange County Health Care Agency and sewering agencies
to ensure implementation of each agency's respective requirements. Certificates or permits
may be ministerial withheld if feature needed to properly manage chemicals cannot be
incorporated into a previously completed building center or complex.
COMMUNITY DEVELOPMENT CONDITIONS
32. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
33. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2007-11 will require an amendment to the conditional use
permit.
34. The developer shall provide mailbox facilities for each residence, to the satisfaction of the
Community Development Department and Postmaster.
35. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
36. 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.
37. A new six-foot(6')high block wall shall be constructed along the north,south,and east
property lines. All wall heights shall be measured from the highest adjacent grade.
38. On-site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
39. A detailed landscape and automatic irrigation plan shall be submitted to the Community
Development Department for review and approval at least sixty (60) days prior to issuance
of a Certificate of Occupancy. In addition, a bond shall be posted with the Public Works
Department to guarantee against defects in plant materials and workmanship.
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Exhibit "A" Page 12
C.U.P No. 2007-11, T.T.M No. 17225, and Variance No. 2007-07
Conditions of Approval
40. Unless otherwise specified, all required trees shall be a minimum 15-gallon in size and of a
variety approved by the Community Development Director.
41. 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.
42. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so
as to cover all landscaped areas. Landscaping within the common areas,not enclosed within
a private yard fence, shall be maintained in good condition by the Homeowners Association.
43. The on-site driveway shall include a section of decorative paving at the entrance to the
project site. The final color and pattern shall be subject to approval by the
Community Development Department.
44. The installation of vehicle access gates shall be prohibited.
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 appearance..
46. 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.
47. 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.
48. Maintenance of common facilities, including common open space, private roads, and access
driveways, shall be provided for through legal instruments setting forth a plan or manner of
permanent care and maintenance. Two (2) copies of the required Covenants, Conditions,
and Restrictions (CC&R's), articles of incorporation, by-laws, or other documents of the
Homeowner's Association or other entity which controls the common facilities, shall be
submitted to the City for approval within thirty (30) days from the date of issuance of
building permits.
• Community Development Department•Planning Division •
312
Exhibit "A" Page 13
C.U.P No. 2007-11, T.T.M No. 17225, and Variance No. 2007-07
Conditions of Approval
49. A copy of the Condominium Plan for this project shall be submitted to City staff for review
and approval prior to recordation.
50. Roof mounted equipment, such as heating and air conditioning units, shall be prohibited.
The placement of air conditioning and heating units shall comply with the City's ,
requirements for installation of mechanical equipment. The final location of the mechanical
equipment shall be shown on the site plan and approved by the Community Development
Department prior to the issuance of building permits.
51. The CC&R's for this development shall include provisions restricting the locations of
the trash bins. All trash bins shall be placed in an area not visible from public view.
The number of bins shall be determined by Consolidated Disposal Service.
52. 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.
53. Open parking spaces shall remain unassigned. Guest parking spaces shall not be used
for long-term parking. Restrictions for guest parking shall be included in the CC&R's
for the project.
54. Two (2) sets of final plans shall be submitted to the Planning Department prior to the
issuance of any Certificates of Occupancies.
BUILDING CONDITIONS
55. Applicant/developer shall comply with applicable provisions of the 2001 California
Building, Plumbing, Electrical, and Mechanical Codes, the 2001 California Administrative
Code,Title 24, and the Code of the City of Cypress.
56. An automatic fire sprinkler system, approved by the Fire Marshal is required.
57. Type 5 cement shall be used for all foundations and slabs on grade.
58. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier
59. 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.
•Community Development Department •Planning Division •
313
Exhibit "A" Page 14
C.U.P No. 2007-11, T.T.M No. 17225, and Variance No. 2007-07
Conditions of Approval
60. 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.
61. Prior to final certificate of occupancy, as required by California State Health and Safety
Code, Section 19850, the applicant shall submit to the Cypress Building Division, 35mm
microfilm copies of the approved plans on standard aperture cards, to serve as the official
file copy of the approved building plans. In lieu of microfilm, the applicant can provide
plans on CD rom with self-loading software or other format approved by the building
official.
62. Building plans shall be stamped by a licensed engineer.
63. A pre-grading Stormwater Pollution Prevention Plan (SWPPP) inspection is required prior
to grading permit issuance. All required grading stormwater Best Management Practices
(BMP) shall be installed and inspected by the building division prior to release of the
grading permit.
FIRE AUTHORITY CONDITIONS
64. The condominium units (3) with detached garages as depicted on the submittal are in
compliance with OCFA fire department access and automatic fire sprinkler requirements per
the 2001 California Fire Code and applicable local amendments.
65. Additional Fire Department conditions may be imposed.
POLICE CONDITIONS
66. Common areas not designated for guest parking shall be kept clear at all times. The curbs
located within the development shall be painted red for fire lane purposes. The CC&R's
shall contain a restriction prohibiting the parking of vehicles in front of garages.
67. The address for the complex shall be posted on the south and east elevations of the detached
garage structure and on the front elevations of each unit.
68. Lighting shall be provided in the parking areas, along the driveway, and along the walkways
around the perimeter of the project site. Front door entrances to the individual units shall
also be provided with light fixtures. The lighting plans for the project shall also be subject
to the Cypress Police Department's review.
Effective: 10-27-2008
• Community Development Department •Planning Division •