Resolution No. 5638RESOLUTION NO. 5638
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 2002 -19 - 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 35.77 of the Zoning Ordinance of the City of Cypress for the construction of
sixty -three (63) attached condominium units at the northeast corner of Lincoln Avenue and Sumner
Place, within the PC Planned Community Zone.
2. That the City Council, after proper notice thereof, duly held a public hearing on said
application as provided by law. At the public hearing held on March 10, 2003, City Council
meeting, the City Council considered the staff report and all information, testimony, evidence and
written comments presented during the public review period and at the public hearing.
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 and intent of the PC Planned Community Zone in
which the site is located, which is:
Intended to permit a compatible mix of land uses, planned commercial
developments and business parks, and a variety of housing styles and
densities.
b. The proposed residential structures will be consistent with the goals,
policies, and objectives of the City of Cypress General Plan, as updated in 2001.
c. The proposed residential structures are consistent with the applicable
development standards and design guidelines set forth in the Lincoln Avenue Specific Plan
and the Cypress Zoning Ordinance.
(1) The proposed residential structures are consistent with the applicable
development standards and design guidelines set forth in the Lincoln
Avenue Specific Plan, except for the Floor Area Ratio (FAR).
(2) Adequate onsite parking will be provided for the proposed
development.
(3) Sufficient access will be provided to the proposed development site.
(4) The proposed architectural design of the residential units will be
compatible with the surrounding residential developments.
d. The proposed residential structures, as conditioned, will comply with each of
the applicable provisions of the Lincoln Avenue Specific Plan, except for approved
variances.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Conditional Use Permit No. 2002 -19, subject to the conditions
attached hereto as Exhibit "A ".
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting
held on the 10th day of March, 2003.
MAYOR OF THE CITY YP
RESS
236
A I I'EST:
237
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
I, JILL R. INGRAM - GUERTIN, 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 10`h day of March, 2003, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: McGill, Piercy, Sondhi and McCoy
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Keenan
238
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 2002- 19/VESTING TENTATIVE TRACT MAP NO. 16460
CONDITIONS OF APPROVAL
Bolded Conditions Represent Those Specific To This Project.
* Represents Mitigation Measures
GENERAL CONDITIONS
1. 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 sect. - 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.
2. 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.
3. The applicant/developer shall comply with all provisions of the Code of the City of Cypress.
4. All requirements of the Orange County Fire Marshal's Office and Cypress Building and
Safety Division shall be satisfied prior to commencement of any business operations.
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. 2002 -19 and Tentative Tract Map
No. 16460 shall be complied with prior to occupancy of the subject buildings.
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Exhibit "A"
Conditional Use Permit No. 2002- 19/Vesting Tentative Tract Map No. 16460
Conditions of Approval
Page 2
7. All business activity shall occur within the building. Temporary use permits may be
granted for outdoor activity in accordance with Section 35, Division 10, of the Cypress
Zoning Ordinance.
8. 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 Forty -Three Dollars ($43.00) County administrative fee, to
enable the City to file the Certificate of Fee Exemption in accordance with the Notice of
Determination pursuant to Fish and Game Code §711.4 and California Code of Regulations,
Title 14, section 753.5. If, within such forty -eight (48) hour period, the applicant/developer
has not delivered to the Community Development Department the check required above,
the approval for the project granted herein shall be void.
9. 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
10. The developer shall conform to all applicable provisions of the Code of the City of Cypress.
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 the issuance of Building permits.
11. Drainage shall be solved to the satisfaction of the City Engineer. A grading and drainage
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 by
the City Engineer. 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. All lots shall
have a slope gradient of one percent (1 %) minimum in landscape areas. In parking areas,
AC shall have a minimum slope gradient of one and one -half percent (1.5 %) or as approved
by the City Engineer, and concrete shall have a minimum slope gradient of two - tenths
percent. (.2 %).
12. 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.
13. All proposed street names for newly created streets, whether public or privately owned,
shall be subject to the approval of City staff. The developer shall submit to the City 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
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Exhibit "A"
Conditional Use Permit No. 2002- 19/Vesting Tentative Tract Map No. 16460
Conditions of Approval
existing street name.
Page 3
14. 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 "), as measured from the highest finished grade.
A six -inch (6 ") concrete curb shall be constructed per City standards to protect all block
walls and structures exposed to vehicular traffic. The property lines shall have a single
block wall only and the Developer shall obtain and submit to the City the written
permission or denial of the adjacent property owner. Grade separation shall not exceed two
feet (2') between two (2) adjacent properties.
15. 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
No. 22658, to the satisfaction of the City Engineer, 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.
16. Installation of Cable T.V. shall be subject to City Ordinance No. 726. Prior to construction,
the developer shall contact Comcast (Phone: [888] 255 - 5789), or Time Warner AOL
(Phone: [714] 903 - 4000), whichever is applicable to the area, for specifications and
procedures for pre -wire of the building and installation of the service wiring. Necessary
permits shall be obtained at the City.
17. The developer shall provide mailbox facilities for each residence, to the satisfaction of the
Public Works Director, Community Development Director, and Postmaster.
*18. The quantity, location, width, and type of driveways shall be subject to the approval
of the City Engineer. An effective sight distance for vehicular traffic shall be
maintained at the intersection of the driveway entrances with Lincoln Avenue and
Sumner Place. 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.
(Mitigation Measure T1)
19. All utility services shall be underground. Trenching and backfill in streets shall be per City
of Cypress Standard No. 110. In City streets lateral open cuts spaced within twenty feet
(20') of each other shall be covered with a one inch (1 ") continuous A.C. cap.
20. Street 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 the property, including driveways, by forty (40) and rounding up. Trees shall be
evenly spaced with a minimum of fifty (50) feet from street tree to street corner curb line.
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Exhibit "A"
Conditional Use Permit No. 2002- 19/Vesting Tentative Tract Map No. 16460
Conditions of Approval
Page 4
The type of trees shall conform to the City's street tree ordinance. With prior approval of
the City Engineer, street trees may be replaced by trees planted in conjunction with an
approved on -site landscape plan. Landscaping in the Public Right -of -Way shall be installed
and maintained by the developer.
21. For landscaping within the public right -of -way, a landscape and irrigation plan shall be
submitted for approval by the City and a bond posted by the applicant to guarantee against
any defects in plant materials and workmanship. A soils report for all planting areas,
prepared by a qualified agricultural laboratory, shall be submitted to the Public Works
Department for approval at least thirty (30) days prior to planting date. Test results shall
include concentration of nitrogen, phosphorus, potassium, ph, salinity, sodium status, and
boron saturation extract.
22. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer laterals
connecting existing buildings at this property shall be plugged at the property line.
*23. Prior to the issuance of a grading permit, a site specific geologic and soils report shall
be prepared by a registered geologist or soils engineer and submitted to the City
Building Division for approval. The report shall specify design parameters necessary
to remediate any soil and geologic hazards. (Mitigation Measure GEO2)
*24. Precise grading plans shall include an Erosion, Siltation and Dust Control Plan for the
approval of the City Building Division. The Plan's provisions may include
sedimentation basins, sand bagging, soil compaction, revegetation, temporary
irrigation, scheduling and time limits on grading activities, and construction
equipment restrictions on -site. This plan shall also demonstrate compliance with
South Coast Air Quality Management District Rule 403, which regulates fugitive dust
control. (Mitigation Measure GEO4)
*25. Prior to issuance of building permits, the applicant shall submit for approval of City
Public Works Division, a Water Quality Management Plan (WQMP) specifically
identifying Best Management Practices (BMPs) that will be used on -site to control
predictable pollutant runoff. (Mitigation Measure UTIL 1)
*26. Prior to issuance of building permits, the applicant shall obtain coverage under
NPDES Statewide Industrial Stormwater Permit for General Construction Activities
from the State Water Resources Control Board. Evidence that this has been attained
shall be submitted to the City Public Works Division. (Mitigation Measure UTIL 2)
27. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Final Subdivision Map Filing Fee (Per Resolution 4001).
• Public Works Plan Check & Inspection (Per Resolution 5069).
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Exhibit "A"
Conditional Use Permit No. 2002- 19/Vesting Tentative Tract Map No. 16460
Conditions of Approval
• Park and Recreation Fee (Per Ordinance No. 769)
Page 5
• City -wide Traffic Improvement Fee (Per Resolution 4348 and current fee
Resolution).
• Regional Traffic Improvement Fee (Per Resolution No. 4400)
• Sanitary Sewer Connection Fee (Per Orange County Sanitation District, OCSD -09).
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• School assessment fees
• Drainage Fee for Master Drainage Plan (Per Resolution 2287)
• All applicable Building Division fees.
*28. The developer is subject to school assessment fees pursuant to California State law.
The developer shall provide evidence of compliance to the City prior to issuance of
building permits. (Mitigation Measure No. PS1)
29. The developer /property owner shall submit a Storm Water Pollution Prevention Plan/Water
Quality Management Plan which identifies construction and post construction Best
Management Practices (BMP's) to the Engineering Division for review and approval.
Examples of BMP's are included in the California Storm Water Best Management Practices
Handbook, Construction Activity, March 1993.
30. 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 (§
2100 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. 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.
31. Street lights on marbelite standards shall be installed per Southern California Edison
Company requirements. Street name signs and traffic signs shall be installed per City
Standards.
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Exhibit "A"
Conditional Use Permit No. 2002- 19/Vesting Tentative Tract Map No. 16460
Conditions of Approval
Page 6
32. 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.
33. Lincoln Avenue and Sumner Place shall be fully improved with curb, gutter, sidewalk, drive
closure, drive approach, paving, etc., in accordance with the City's Code requirement of
Streets.
34. On local streets, structural sections shall be based on the recommendation and soils report
prepared by an engineering form acceptable to the City Engineer, with street structural
sections to be determined by using an applicable T.I. (Traffic Index) but shall be not less
than 3" A.C. over 6" A.B. The minimum flow line grade in streets shall be two - tenths
percent (0.20%), and the minimum A.C. cross fall shall be two percent (2%).
*35. Prior to the issuance of a Certificate of Occupancy for the proposed project, the
developer shall submit a sewer plan that is deemed acceptable by the Director of
Public Works/City Engineer. (Mitigation Measure No. UTIL1)
COMMUNITY DEVELOPMENT CONDITIONS
36. 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.
37. Utilities shall not be released and Certificate of Occupancies shall not be issued until all
conditions of approval of Conditional Use Permit No. 2002 -19 and Tentative Tract Map
No. 16460 have been met to the satisfaction of the Community Development Department.
38. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits. Special attention shall
be paid to the southern elevations of Buildings 2, 4 and 6.
39. The roofing material for the buildings shall consist of flat concrete tile representing
at least three (3) different colors. Final colors and materials shall be subject to the
approval of the Cypress Planning Division.
40. The number of roof penetrations required for venting shall be limited and placed on
the side of the roof away from adjacent streets, whenever possible. All roof vents shall
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Exhibit "A"
Conditional Use Permit No. 2002- 19/Vesting Tentative Tract Map No. 16460
Conditions of Approval
be painted to match the roof color.
Page 7
41. A wall, seven feet (7') in height, shall be constructed along the north property line of
the project site. A six -foot (6') high block wall shall be constructed along the east
property line of the project site. A decorative block wall shall be provided along the
south and west property lines of the project site, adjacent to Lincoln Avenue and
Sumner Place. Building plans for all walls and fences shall be submitted for approval
by the Planning Division prior to construction of the walls.
42. Screen landscaping shall be provided along the north property line of the site. The
landscaping shall be of a variety that will grow in an upright manner at least eight feet
(8') in height.
43. At least sixty (60) days prior to the issuance of the first Certificate of Occupancy, the
applicant shall submit a detailed landscape and automatic irrigation plan to the Community
Development Department for review and approval. In addition, a bond shall be posted with
the Public Works Department to guarantee against defects in plant materials and
workmanship.
44. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a
variety approved by the Community Development Director.
45. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
46. 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.
47. 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 Staff Review Committee approval and may consist of, but not be limited to, requirements
for additional perimeter landscaping and/or window coverings as determined appropriate by
the Staff Review Committee.
48. Driveway and parking area 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.
49. If individual trash containers are used within the development, they may be placed for
collection in front of the units no sooner than 6 p.m. on the day preceding the day of
collection, and shall be removed before 6 a.m. on the day following collection (Per Cypress
City Code Section 12 -7). The final location of all trash receptacles within the
development including bins/enclosures as well as individual receptacles in and around
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Exhibit "A"
Conditional Use Permit No. 2002- 19/Vesting Tentative Tract Map No. 16460
Conditions of Approval
Page 8
the common recreation area shall be subject to the approval of the Community
Development Director.
50. 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.
51. 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.
52. 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. Copies of the required codes, covenants, 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.
53. The placement of all air conditioning units shall comply with the City's requirements for
installation of mechanical equipment. The final location of air conditioning units shall be
shown on the site plan and approved by the Planning Division prior to the issuance of
building permits.
54. A six inch (6 ") high raised concrete curb shall be provided in all driveway and
parking areas at a minimum of three feet (3') from the edge of any walls, fences, gates,
or other structures.
55. 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.
56. The CC &R's for the project shall include a section requiring that the garage
parking spaces to be maintained open and available at all times for the parking of
two (2) vehicles.
*57. For individual development projects, runoff can be reduced by using stepping
stones/bricks set in pervious materials for walkways, diversion of water to landscaped
areas and pervious paving wherever possible. Landscape irrigation water and runoff
can be reduced by water conserving irrigation systems, moisture sensing devices and
avoidance of mounded landscaped areas. The types of controls to be used shall be
determined during individual project design review. (Mitigation Measure No. HYD1)
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Exhibit "A"
Conditional Use Permit No. 2002- 19/Vesting Tentative Tract Map No. 16460
Conditions of Approval
Page 9
*58. Erosion control devices called for by the City of Cypress shall be installed and
maintained during the construction of improvements included in the Lincoln Avenue
Corridor Specific Plan. These devices will not be removed or modified without
approval of the City Building Division officials. (Mitigation Measure No. HYD2)
*59. Should any historic, prehistoric or paleontological resources be discovered during site
preparation, grading or construction of project improvements, the project contractor
shall immediately cease all activity and contact the City of Cypress Community
Development Department for direction on technical evaluation and handling of the
potential resource. (Mitigation Measure No. CUL1)
*60. Onsite security lighting shall be arranged so that direct rays will not shine on or
produce glare for adjacent street traffic, and residential uses to the north, east and
west of the project site. The light fixtures specified for the project design must comply
with the IES standard for full cutoff capability. (Mitigation Measure No. AES1)
61. The applicant/developer shall install signage at the Lincoln Avenue driveway which
state that the driveway is for tenant use only. The sign shall also provide language
directing guests of the complex to the driveway entrance on Sumner Place. The
proposed wording and location of the sign shall be submitted to the Community
Development Department for approval prior to installation.
62. Within forty -eight (48) hours of the approval of the project, the applicant/developer shall
deliver to the Community Development Department a check payable to the County Clerk -
Recorder in the amount of Forty -Three Dollars ($43.00) County administrative fee, to
enable the City to file the Notice of Determination required under Public Resources Code
Section 21152. 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.
RI AIDING CONDITIONS
63. 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 Cypress City Code.
64. An automatic fire sprinkler system, approved by the Fire Marshall is required.
*65. Type 5 cement shall be used for all foundations and slabs on grade. (Mitigation
Measure GEO3)
66. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier, unless otherwise indicated by the soils engineer.
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Exhibit "A"
Conditional Use Permit No. 2002- 19/Vesting Tentative Tract Map No. 16460
Conditions of Approval
Page 10
67. A soil investigation report shall be submitted with the plans for plan check. The report shall
include soil bearing capacity, seismic study, grading, paving, sulfate test and other pertinent
information under good engineering practice.
68. An acoustical report shall be submitted with the plans for plan check. The Report shall
meet all the requirements of the Uniform Building Code and Title 24 of the State
Administrative Code.
69. 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. (Example: street side of curb is public right -of -way. Not allowed).
70. 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 may provide
plans on CD Rom, with self loading software, or other format approved by the Building
Official.
*71. Construction activities shall comply with SCAQMD Rule 403, as revised. The
applicant shall also obtain approval of a dust control plan from the Building Division
prior to issuance of each grading or building permit. Dust - reducing measures shall
include regular watering of graded surfaces, restriction of all construction vehicles
and equipment to travel along established and regularly watered roadways, and
suspending operations that create dust during windy conditions (winds greater than
25 mph). (Mitigation Measure AQ1)
*72. Grading and exterior building construction activities, as well as interior building
construction, shall be limited to the days and hours specified in the City's Ordinance.
In addition, construction equipment shall be equipped with effective muffling devices.
Compliance with this measure is subject to field verification by City staff. (Mitigation
Measure N1)
*73. Prior to issuance of building permits, the applicant shall submit evidence, to the
satisfaction of the Building Division, that all proposed land uses will meet applicable
exterior and interior noise standards, including the City's Comprehensive Noise
Ordinance. (Mitigation Measure N2)
*74. The applicant shall comply with the Subdivision Map Act, Building Energy Efficient
Standards and State and local laws for energy conservation. Compliance shall be
determined by the Building Division during building plan review. (Mitigation
Measure AQ2)
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Exhibit "A"
Conditional Use Permit No. 2002- 19/Vesting Tentative Tract Map No. 16460
Conditions of Approval
Page 11
*75. All structures shall be designed as confirmed during the building design plan
checking, to withstand anticipated groundshaking caused by future earthquakes
within an acceptable level of risk, i.e., high risk zone, as designated by the City's latest
adopted edition of the Uniform Building Code. (Mitigation Measure GEO1)
REDEVELOPMENT CONDITION
76. Prior to issuance of building permits, the applicant shall enter into an Owner
Participation Agreement, Affordable Housing Agreement, and/or other regulatory
agreement(s) (collectively, the "Agency Agreement(s)") required by the Cypress
Redevelopment Agency ( "Agency ") that obligates the applicant (at the applicant's
sole cost and without financial contribution from the Agency) to provide fifteen
percent (15 %) of the units within the project as affordable units covenanted for
long -term affordability in compliance with the Inclusionary Housing Obligations
outlined in Section 33413(b) of the California Health and Safety Code, as such
applicant obligation may be contractually modified in the Agency Agreement(s). At
a minimum, the ten (10) required units shall be provided as follows: six (6)
moderate and four (4) low as defined by the requirements of the federal Department
of Housing and Urban Development and the provisions of California
Redevelopment Law (CRL). Additional units may be provided by the developer
with the consent of the Agency.
POLICE CONDITIONS
77. Common areas not designated for guest parking shall be kept clear at all times. The curbs
located within the developments shall be painted red for fire lane purposes, and parking
restrictions shall be posted throughout the development. The CC &R's shall contain a
restriction prohibiting the parking of vehicles in front of garages.
78. A Knox box shall be provided at the main entrance to the project on Sumner Place. An
illuminated directory of the units shall be provided at the main entrance to the project.
FIRE AUTHORITY CONDITIONS
79. Prior to the issuance of a building permit, the applicant shall submit a fire hydrant location
plan to the Fire Chief for review and approval.
80. Prior to the issuance of a building 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) 744 -0499 or visit the OCFA website to obtain a copy of
the "Guidelines for Design and Installation of Emergency Access Gates and Barriers."
81. Prior to the issuance of a building permit, the applicant shall provide evidence of
adequate fire flow. The "Orange County Fire Authority Water Availability for Fire
• Community Development Department • Planning Division •
249
Exhibit "A"
Conditional Use Permit No. 2002- 19/Vesting Tentative Tract Map No. 16460
Conditions of Approval
Page 12
Protection" form shall be signed by the applicable water district and submitted to the Fire
Chief for approval.
82. Prior to the issuance of a building permit, the applicant shall submit plans for the required
automatic fire sprinkler system in the structure to the Fire Chief for review and approval.
Please contact the Orange County Fire Authority at (714) 744 -0499 to request a copy of the
"Orange County Fire Authority Notes for New NFPA 13 Commercial Sprinkler Systems."
83. Prior to the issuance of a certificate of use and occupancy, this system shall be operational
in a manner meeting the approval of the Fire Chief.
84. 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. Please contact the OCFA at (714) 744 -0499 or visit the OCFA website
to obtain a copy of the "Guidelines for Emergency Access."
85. 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 curbing and signage and include a
detail of the proposed signage including the height, stroke and color of lettering and its
contrasting background. Please contact the Orange County Fire Authority at (714) 744-
0499 or visit the Orange County Fire Authority website to obtain a copy of the "Guidelines
for Emergency Access Roadways and Fire Lane Requirements."
86. Prior to the issuance of any certificate of use and occupancy, the fire lanes shall be
installed in accordance with the approved fire lane 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.
87. Prior to the issuance of building permit, the applicant shall submit architectural plans for the
review and approval of the Fire Chief if required per the "Orange County Fire Authority
Plan Submittal Criteria Form." Please contact the OCFA at (714) 744 -0499 for a copy of
the Site /Architecture Notes to be placed on the plans prior to submittal.
88. Prior to the issuance of a building permit, plans for the fire alarm system shall be submitted
to the Fire Chief for review and approval. Please contact the OCFA at (714) 744 -0499 or
visit the OCFA website to obtain a copy of the "Guideline for New and Existing Fire Alarm
Systems."
89. This system shall be operational prior to the issuance of a certificate of use and occupancy.
Effective: 3 -10 -2003 (Revised)
• Community Development Department • Planning Division •