Resolution No. 6024439
RESOLUTION NO. 6024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 2007-07 - WITH CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed for a conditional use permit in accordance with the
provisions of Section 4.19.070 of the Zoning Ordinance of the City of Cypress to allow the
construction of four (4) residential condominium units on the properties located at 5712 Danny
Avenue within the RM -15 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 the City Council hereby finds that:
a. The proposed location of the conditional use is in accord with the objectives
of the Zoning Ordinance and the purpose of the RM -15 Residential Multiple - Family Zone in
which the site is located, which is:
Intended to provide areas for the development of apartments, condominiums,
town homes, or other group dwellings at a maximum density of fifteen (15)
units per acre.
b. The proposed location of the conditional use and the conditions under which
it would be operated or maintained will not be detrimental to the public health, safety or
welfare, or be materially injurious to properties or improvements in the vicinity in that:
(1) The condominium development project, as proposed, would be
consistent with the goals and policies of the City of Cypress General Plan for the
Medium Density Residential (5.1 -15.0 du/ac) land use designation in which it is
located.
(2) There is sufficient infrastructure and public services to accommodate
the proposed residential development within the project vicinity.
(3) As conditioned, the proposed condominium development project
would not result in any significant effects relating to traffic, noise, air quality, or
water quality.
(4) In accordance with the California Environmental Quality Act
(CEQA) Guidelines, the proposed condominium development project would consist
of an in -fill development on a project site which: contains less than five (5) acres; is
substantially surrounded by urban uses; contains no habitat for endangered or rare
species; and meets the criteria listed in items 3.b.1 -4 in this resolution. Therefore,
the proposed project would be exempt from the provisions of CEQA pursuant to
Section 15332 of said Guidelines and a Categorical Exemption, Class 32, would be
filed upon approval.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Conditional Use Permit No. 2007 -07, subject to the conditions
attached hereto as Exhibit "A ".
440
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting
held on the 25th day of June, 2007.
MAYOR OF THE C OF CYPRESS
ATTEST:
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
25th day of June, 2007, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Mills, Narain, Seymore and Luebben
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Bailey
CITY CLERK OF THE CITY OF CYPRESS
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EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 2007-07/TENTATIVE TRACT MAP NO. 17126
5712 Danny Avenue
CONDITIONS OF APPROVAL
Note:
Regular text denotes standard conditions of approval.
Bolded conditions represent those specific to this project.
GENERAL CONDITIONS
1. Unless and until the project applicant and property owner sign and return a City - provided
affidavit accepting these conditions of approval, there shall be no entitlement of the
application. The project applicant and property owner shall have fifteen (15) calendar days
to return the signed affidavit to the Community Development Department. Failure to do so
will render City Council action on the application void.
2. The developer shall defend, indemnify, and hold harmless, the City and any agency thereof,
or any of its agents, officers, and employees from any and all claims, actions, or proceedings
against the City or any agency thereof, or any of its agents, officers or employees, to attack,
set aside, void or annul, an approval of the City, or any agency thereof, advisory agency,
appeal board, or legislative body, including actions approved by the voters of the City,
concerning the project, which action is brought within the time period provided in
Government Code Section 66499.37 and Public Resources Code, Division 13, CH. 4 (§
21000 et seq. - including but not by way of limitation § 21152 and 21167). City shall
promptly notify the developer of any claim, action, or proceeding brought within this time
period.
3. The developer's contractor shall provide the City with a Certificate of Insurance on City
form evidencing a comprehensive liability insurance policy with a combined single limit of
not less than $500,000 each occurrence in connection with the work performed. Certificate
shall include the City, its Council, officers, members of boards or commissions and
employees as additional Named Insureds with respect to all claims, actions, damages,
liabilities and expenses, including attorney's fees, arising out of or in connection with the
work to be performed under the development executed by the Named Insured and City,
including any act or omission of employees, agents, subcontractors, or their employees.
Such certificate shall have a thirty (30) day cancellation notice to the City of Cypress.
4. The applicant/developer shall comply with all provisions of the Code of the City of Cypress.
5. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to
a Certificate of Occupancy being issued.
6. All applicable conditions of Conditional Use Permit No. 2007 -07 and Tentative Tract Map
No. 17126 shall be complied with prior to occupancy of the subject buildings.
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Exhibit "A" Page 2
Conditional Use Permit No. 2007- 07/Tentative Tract Map No. 17126
Conditions of Approval
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 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. 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 onsite drainage conveyed to the street
shall be by means of an under - sidewalk drain. Onsite 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, 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 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
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Exhibit "A"
Conditional Use Permit No. 2007- 07/Tentative Tract Map No. 17126
Conditions of Approval
adjacent properties.
Page 3
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. Onsite traffic circulation shall be subject to the approval
of the City Engineer.
13. Installation of Cable T.V. shall be subject to the City Ordinance No. 726. Prior to
construction, the developer shall contact Comcast (Phone: [888] 255 -5789) or Time Warner
AOL (Phone: [714] 903 -4000) for specifications and procedures for pre -wire of the building
and installation of the service wiring. Necessary permits shall be obtained at the City.
14. 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.
15. Danny Avenue shall be dedicated and fully improved with curb, gutter, sidewalk, drive
closure, drive approach, paving, etc., in accordance with the City's Code requirement of
Streets.
16. 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 Crescent Avenue. 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.
17. 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.
18. Street trees (24 inch box) shall be installed in conformance with Sections 27.19 and 25.29.E
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 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.
19. 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.
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Exhibit "A"
Conditional Use Permit No. 2007- 07/Tentative Tract Map No. 17126
Conditions of Approval
Page 4
20. 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 1088).
• 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).
21. 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
22. A Water Quality Management Plan (WQMP) shall be submitted which identifies
appropriate construction and post construction as well as structural and non - structural
Best Management Practices (BMP's) to City of Cypress for review and approval. Project
shall also incorporate measures as specified in the County of Orange Drainage Area
Management Plan (DAMP) and the Model Water Quality Management Plan (WQMP) to
help control runoff. Examples of BMP's and control measures are included in the
California Storm Water Best Management Practices Handbook, Industrial /Commercial
and Construction Activity, and the County of Orange Drainage Area Management Plan
and subsequent revisions, and the City's Local Implementation Plan.
23. For those applications involving New Development:
a. The applicant shall submit a project specific Water Quality Management Plans
(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);
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Exhibit "A"
Conditional Use Permit No. 2007- 07/Tentative Tract Map No. 17126
Conditions of Approval
Page 5
(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
Development Services Director deems the project as exempt from this requirement) or
requires issuance of a non - residential plumbing permit predominantly for changes to fuel
dispensers.
The applicant shall include in its WMQP 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.
24. 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" consist 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" consist 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 routine
maintenance activity where impervious material(s) are removed, exposing underlying soil
during construction.
a. The applicant shall submit project specific Water Quality Management Plans
(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;
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Exhibit "A"
Conditional Use Permit No. 2007 -07 /Tentative Tract Map No. 17126
Conditions of Approval
Page 6
(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 Development Services
Director deems the project as exempt from this requirement) or requires issuance
of a non - residential plumbing permit predominantly for changes to fuel
dispensers.
The applicant shall include in its WMQP 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
WMQP requirements apply only to the addition, and not to the entire development.
25. 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
BMPs, routine structural and non - structural Source Control BMPs, Treatment
Control BMPs, including consideration of a regional or watershed approach, and the
mechanism(s) by which long -term operation and maintenance of all structural
BMPs will be provided while non - priority new or significant redevelopment must
address routine structural and non - structural Source Control BMPs, consideration of
Site Design BMPs, and the mechanism(s) by which long -term operation and
maintenance of all structural BMPs will be provided.
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 Development
Services:
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 BMPs 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.
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Exhibit "A"
Conditional Use Permit No. 2007 -07 /Tentative Tract Map No. 17126
Conditions of Approval
Page 7
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 Development
Services, the applicant shall submit to the City for review and approval a Water
Quality Management Plan that:
i. Addresses Site Design BMPs 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 BMPs as defined in the
DAMP
iii. Incorporates Treatment Control BMPs as defined in the DAMP
iv. Generally describes the long -term operation and maintenance requirements
for the Treatment Control BMPs,
v. Identifies the entity that will be responsible for long -term operation and
maintenance of the Treatment Control BMPS, and
vi. Describes the mechanism for funding the long -term operation and
maintenance of the Treatment Control BMPs.
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 (BMPs) 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
BMPs described in the Project WQMP,
iii. Demonstrate that an adequate number of copies of the approved Project
WQMP are available onsite,
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.
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Exhibit "A"
Conditional Use Permit No. 2007 -07 /Tentative Tract Map No. 17126
Conditions of Approval
g.
Page 8
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.
Submit for review and approval by the City an Operations and Maintenance
(O &M) Plan for all structural BMPs. The plan must include the following:
i. Structural BMPs
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
vii. Forms to be used in documenting maintenance activities
viii. Notification to Orange County Vector Control District of the structural
BMPs 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 BMPs, 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 BMPs requiring access are acceptably replaced with
a BMP not requiring access. Funding for the long -term operation and
maintenance of structural BMPs 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.
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.
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Exhibit "A"
Conditional Use Permit No. 2007- 07/Tentative Tract Map No. 17126
Conditions of Approval
Page 9
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 BMPs 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.
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."
26. 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
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Exhibit "A"
Conditional Use Permit No. 2007- 07/Tentative Tract Map No. 17126
Conditions of Approval
Page 10
those situation where the threshold of a WQMP may not be met but where the project
requires urban control runoff measures.
b. Prior to issuance of certificates of use and occupancy or building permits for
individual tenant improvements or construction permits for a tank or pipeline, uses
shall be identified and, for specified uses, the applicant shall propose plans and
measures 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 features needed to properly manage chemicals cannot be incorporated into a
previously completed building, center or complex.
COMMUNITY DEVELOPMENT CONDITIONS
27. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
28. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2007 -07 will require an amendment to the conditional use
permit.
29. The developer shall provide mailbox facilities for each residence, to the satisfaction of the
Public Works Director, Community Development Director, and Postmaster.
30. 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.
31. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
32. 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.
33. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
34. No roof mounted equipment, such as heating and air conditioning units, shall be permitted.
The placement of air conditioning and heating units shall comply with the City's
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Exhibit "A"
Conditional Use Permit No. 2007- 07/Tentative Tract Map No. 17126
Conditions of Approval
Page 11
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.
35. 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.
36. 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 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.
37. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a
variety approved by the Community Development Director.
38. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so
as to cover all landscaped areas.
39. Landscaping within the common areas, not enclosed within a private yard fence, shall
be maintained in good condition by the homeowners association.
40. All material storage shall occur within the building. Exterior storage is specifically
prohibited.
41. 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.
42. 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.
43. 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.
44. 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.
45. 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
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 2007 -07 /Tentative Tract Map No. 17126
Conditions of Approval
Page 12
perimeter landscaping and/or window coverings as determined appropriate by the Design
Review Committee. The location, size, and species of any required view screen trees
shall be subject to review and approval by the Community Development Department.
46. Should substantiated complaints be received, this conditional use permit, including the
conditions of approval, may be modified and/or revoked, subject to a public hearing.
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. Mechanical devices associated with the cleaning and maintenance of real property may be
used within any zone between the hours of 7:00 a.m. and 8:00 p.m. on weekdays and
between the hours of 8:00 a.m. and 8:00 p.m. on weekends and federal holidays. Such
devices include but are not limited to stationary or mobile pumps, fans, compressors,
generators, blowers, and sweepers. The use of such devices for such purposes is prohibited
at all other times.
49. Two (2) copies of the CC &Rs 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 &Rs so that the
development will not become a liability to the City at a later date. The CC &Rs 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
Crescent Avenue adjacent to the condominium project property).
50. A copy of the Condominium Plan for this project shall be submitted to the City staff
for review and approval prior to recordation.
51. The condominium development shall maintain individual trash cans for each unit
onsite (one for regular garbage and one for recyclables). The CC &Rs for this
condominium development shall include provisions restricting the locations of the
trash cans to the interior of the garage or within a fenced private yard, except the
evening prior to and the day of trash pick -up service for the neighborhood.
Construction bins must be maintained onsite. Individual Trash cans and bin rental
shall be contracted through the Consolidated Disposal Services.
52. The roof materials shall consist of concrete tile.
• Community Development Department • Planning Division •
453
Exhibit "A"
Conditional Use Permit No. 2007- 07/Tentative Tract Map No. 17126
Conditions of Approval
Page 13
53. All interior fences dividing the private yard areas (not located within the front setback
area) shall be a minimum of six feet (6') tall, measured from the highest adjacent
grade, and constructed of masonry block material.
54. The project driveway shall consist of concrete and include a decorative pattern of
stamped, colored concrete, or similar decorative material, subject to approval by the
Community Development Department.
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.
56. Open parking spaces shall remain unassigned. Guest parking spaces shall not be used for
long -term parking. Restrictions for guest parking spaces shall be included in the CC &R's
for the project.
BUILDING CONDITIONS
57. Applicant/developer shall obtain the required permits and 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.
58. An automatic fire sprinkler system, approved by the Fire Marshal, is required.
59. Type 5 cement shall be used for all foundations and slabs on grade.
60. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
61. 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.
62. 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.
63. 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.
• Community Development Department • Planning Division •
454
Exhibit "A"
Conditional Use Permit No. 2007- 07/Tentative Tract Map No. 17126
Conditions of Approval
64. Building plans shall be stamped by a licensed engineer.
Page 14
65. A pre - grading SWPP's inspection is required prior to grading permit issuance. All required
grading stormwater BMP's shall be installed and inspected by the building division prior to
release of the grading permit.
FIRE AUTHORITY CONDITIONS - RESIDENTIAL
66. Prior to the issuance of any building permits, the applicant shall obtain approval of the Fire
Chief for all fire protection access roads to within 150 feet of all portions of the exterior of
every structure on site. The plan shall indicate the location of the nearest fire hydrant to the
property line. The applicant may contact the OCFA at (714) 573 -6100 or visit the OCFA
website to obtain a copy of the "Guidelines for Emergency Access."
67. Prior to the issuance of a building permit for combustible construction, the builder shall
submit a letter on company letterhead stating that water for fire - fighting purposes and all -
weather fire protection access roads shall be in place and operational before any combustible
material is placed on site. Building permits will not be issued without OCFA approval
obtained as a result of an on -site inspection. Please contact the OCFA at (714) 573 -6100 to
obtain a copy of the standard combustible construction letter.
68. Prior to the issuance of any building permits, the applicant shall submit plans and obtain
approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet
in width. The plans shall indicate the locations of red curbs and signage and include a
detail of the proposed signage including the height, stroke and colors of the lettering and
its contrasting background. The applicant may contact the OCFA at (714) 573 -6100 or
visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access
Roadways and Fire Lane Requirements."
69. Prior to the issuance of any certificate of occupancy, the fire lanes shall be installed in
accordance with the approved fire master plan. The CC &R's or other approved documents
shall contain a fire lane map, provisions prohibiting parking in the fire lanes and a method of
enforcement.
70. Prior to the issuance of any building permits, the applicant shall provide evidence of
adequate fire flow. The "Orange County Fire Authority Water Availability for Fire
Protection" form shall be signed by the applicable water district and submitted to the Fire
Chief for approval. If sufficient water to meet fire flow requirements is not available an
automatic fire extinguishing system may be required in each structure affected.
71. Prior to the issuance of a building permit, the applicant shall submit plans for any required
automatic fire sprinkler system in any structure to the Fire Chief for review and approval.
Fire sprinklers will be required in Building B due to the access deficiency. All portions of
the structure shall be within 150 feet of the street. The rear portion of Building B is in excess
of 150 feet from Danny Street. The alternative would be to provide an approved turnaround
• Community Development Department • Planning Division •
455
Exhibit "A"
Conditional Use Permit No. 2007 -07 /Tentative Tract Map No. 17126
Conditions of Approval
Page 15
at the end of the private drive. The driveway would then be considered part of the access
road. The fire master plan would need to be stamped by a civil engineer stating that the
driveway is capable of withholding 71,000 pounds. Fire sprinklers are also required in
structures 3,600 square feet or larger, or if 3 or more units are proposed in any building.
72. Prior to the issuance of a certificate of occupancy, the fire sprinkler system shall be
operational in a manner meeting the approval of the Fire Chief.
73. Prior to the issuance of any grading permit, the applicant shall obtain the approval from the
Fire Chief for the construction of any gate across required fire department access roads.
Please contact the OCFA at (714) 573 -6100 or visit the OCFA website to obtain a copy of
the "Guidelines for Design and Installation of Emergency Access Gates and Barriers."
POLICE CONDITIONS
74. Illuminated address signs shall be installed next to each garage door for easy
identification by Police and Fire personnel.
75. 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.
76. Security lighting shall be provided in the parking areas, public open space, and
driveways. Front door entrances to the individual units shall also be provided with light
fixtures.
Effective: 6 -25 -2007
• Community Development Department • Planning Division •