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Resolution No. 5578 470 RESOLUTION NO. 5578 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TENTATIVE TRACT MAP NO. 16329 AND CONDITIONAL USE PERMIT CUP NO. 2002-11, WITH CONDITIONS. WHEREAS, an application was made by Fieldstone Communities, Inc. to create a fifty- two-lot (forty numbered and twelve lettered) subdivision on the property located at the northwest corner of Orange Avenue and Walker Street in the City of Cypress. WHEREAS, the City Council of the City of Cypress considered evidence presented by the applicant, City staff and other interested parties at a public hearing held on June 24, 2002 with respect thereto. NOW, THEREFORE, the City Council of the City of Cypress DOES HEREBY RESOLVE that: 1. The proposed map is compatible with the objectives, policies, general land uses and programs specified in the General Plan of the City of Cypress in that: a. Specific land approvals will be granted in accordance with the Zoning Code of the City of Cypress. Creating a one-lot subdivision for condominium purposes conforms with the basic intent of the Land Use Element of the City's General Plan. 2. The subdivision, as designated on the tentative tract map and supplemented by the conditions listed in Exhibit "A" attached and incorporated herein by reference, are compatible with the objectives, policies, general land uses and programs specified in the General Plan of the City of Cypress in that: a. The subject site shall be improved in conformance with the proposed zoning and all applicable ordinances in effect at the time this map is recorded with the County of Orange. All necessary utility services shall be provided to the subject site in conformance with the Cypress Municipal Code. 3. The subject tract map complies with all requirements of the California Subdivision Map Act and the Cypress Subdivision Ordinance. 4. None of the findings set forth in Government Code Section 66474 which would preclude approval of this tentative tract map can be made. 5. The discharge of waste from the proposed subdivision into the existing community sewer shall not result in a violation of the existing requirements prescribed by the California Regional Water Quality Control having jurisdiction over the proposed subdivision pursuant to the provision of Division 7 of the California Water Code (Sections 13000 et seq). NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Cypress DOES HEREBY APPROVE Tentative Tract Map No. 16329 and Conditional Use Permit No. 2002-11, 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 24th day of June, 2002. MAY THE CITY OF CYPRESS -1- A FIEST: WA 9 . '`vAlk. "IL .0 jY CLERK OF THE SI Y OF CYPRESS 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 24th day of June, 2002,by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Keenan,McGill, Piercy, and Sondhi NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: McCoy e. • CITY C 'K OF RI CITY OF CYPRESS -2- 4-1 2_ EXHIBIT "A" TENTATIVE TRACT MAP NO. 16329 AND CONDITIONAL USE PERMIT NO. 2002-11 NORTHWEST CORNER OF ORANGE AVENUE AND WALKER STREET CONDITIONS OF APPROVAL Bolded conditions represent those specific to this project. GENERAL CONDITIONS 1. The Wicker Drive Specific Plan shall be the determining land use regulation document for this site. If there is a conflict between the Specific Plan and any condition of approval, the respective department head shall make a determination as to which condition shall take precedence. 2. All provisions of the Wicker Drive Specific Plan shall be complied with and shall carry the force of conditions of approval. 3. All of the tract's perimeter improvements along Orange Avenue and Walker Street including, but not limited to, curbs, gutters, sidewalks, street lights, landscape and irrigation components and project signage shall be fully installed/operational/available to the public in a method approved by the City of Cypress before the release of Certificate of Occupancy of the first production unit within the subdivision. All improvements in this area shall be maintained by the Developer or the subsequent Homeowner's Association to the satisfaction of the Community Development Director. 4. 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. 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 Tentative Tract Map 16329 shall be complied with prior to occupancy of any residential unit. 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 Forty-Three Dollars ($43.00) County administrative fee, to enable the City to file the Certificate of Fee Exemption in • Community Development Department •Planning Division • 1473 Exhibit "A" Page 2 Tentative Tract Map No. 16329/C.U.P. No. 2002-11 Conditions of Approval 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. ENGINEERING CONDITIONS 8. 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 and Zoning Ordinance shall be satisfied. 9. Upon separate ownership of parcels, reciprocal easements shall be recorded and agreements filed with the City governing joint use and maintenance of drive approaches, drainage, onsite parking, irrigation system, etc. 10. 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. 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 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%). In accordance with the Cypress Master Plan of Drainage, storm water runoff from the site shall be conveyed by underground storm drain system. 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"), and measure 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, or as approved by the Director of Public Works. • Community Development Department • Planning Division • 1-7 Li- Exhibit "A" Page 3 Tentative Tract Map No. 16329/C.U.P. No. 2002-11 Conditions of Approval 12. The developer shall provide adequate "No Parking" controls within the development and appropriate "No Parking - Fire Lane" signs shall be installed along the internal street 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. Disabled access facilities shall be installed in accordance with the requirements of the Federal Americans with Disabilities Act (ADA) and State of California Title 24. 14. Installation of Cable T.V. shall be subject to City Ordinance No. 726. Prior to construction, the developer shall contact Media One. (Phone: [310] 259-2117) or Time Warner Communication (Phone: [714] 895-8686), 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. 15. The developer shall provide mailbox facilities for each residence, to the satisfaction of the Public Works Director, Community Development Director, and Postmaster. 16. All existing public improvements at the development site that are damaged due to construction, cracked, or otherwise below standard, shall be removed and replaced to the satisfaction of the City Engineer. 17. Orange Avenue and Walker Street shall be fully improved with curb, gutter, access ramps, sidewalk, drive closure, drive approach, paving, etc., in accordance with the City's Code requirements of Streets. Curb returns at the intersection of Orange Avenue and Walker Street and the entry Drive off Orange Avenue shall have a radius of thirty five feet (35'). Orange Avenue shall be improved with a 6 ft. wide meandering concrete sidewalk within a fully dedicated easement per the approval of the Director of Public Works/City Engineer. Walker Street shall be fully improved with a minimum 6' wide concrete sidewalk, or as approved by the Director of Public Works/City Engineer. 18. 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 existing street name. 19. On local streets, structural sections shall be based on the recommendation and soils report prepared by an engineering firm acceptable to the City Engineer, with street structural sections to be determined by using an applicable T.I. (Traffic • Community Development Department • Planning Division • 4-15 Exhibit "A" Page 4 Tentative Tract Map No. 16329/C.U.P. No. 2002-11 Conditions of Approval Index) but shall be not less than 3" A.C. over 6" A.B. The City shall provide the soils report for all arterial streets. 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%). 20. 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 both Orange Avenue and 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. The proposed privately held and maintained internal loop street shall be designed in a manner acceptable to the Director of Public Works/City Engineer. 21. All utilities within the public right of way and all utility services within the confines of the subdivision and along Orange Avenue shall be underground. Trenching and backfill in streets shall be per City of Cypress Standard No. 110. 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. 22. 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. 23. 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. 24. 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. Additionally, an agreement shall be executed by the Developer to provide for ongoing maintenance. 25. 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). • Community Development Department • Planning Division • LV7 Lp Exhibit "A" Page 5 Tentative Tract Map No. 16329/C.U.P. No. 2002-11 Conditions of Approval • Drainage Fee for Master Drainage Plan (Per Resolution 2287). • Citywide Traffic Improvement (Per Resolution 4348 and current fee Resolution). • Regional Traffic Improvement (Per Resolution No. 4400). • Sanitary Sewer Connection Fee (Per Orange County Sanitation District, OCSD-09). • Grading Plan Check and Permit (Per Resolution 5069). • All applicable Building Division fees. 26. 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 at q. - 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. 27. Developer shall fully comply with the attached NPDES requirements. COMMUNITY DEVELOPMENT CONDITIONS 28. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Community Development Department. 29. Any expansion or modification of the approved use beyond what is approved as part of the Wicker Drive Specific Plan will require an amendment to the Specific Plan. 30. 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. 31. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 32. All roof-mounted equipment, such as heating and air conditioning units, shall be installed per the provisions of the Wicker Drive Specific Plan. • Community Development Department • Planning Division • Li- ( 7 Exhibit "A" Page 6 Tentative Tract Map No. 16329/C.U.P. No. 2002-11 Conditions of Approval 33. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. Construction bins must be maintained onsite. Bin rental shall be contracted through Briggeman Disposal. 34. A detailed landscape and automatic irrigation plan consistent with the landscape plan shown in the Wicker Drive Specific Plan shall be submitted to the Community Development Department for review and approval at least sixty (60) days prior to issuance of any Certificate of Occupancy. In addition, a bond shall be posted with the Public Works Department to guarantee against defects in plant materials and workmanship. All landscaping throughout the subdivision (including all landscaping and irrigation along the project's boundaries with Orange Avenue and Walker Street) shall be maintained in perpetuity by the Developer or successor Homeowner's Association to the satisfaction of the Community Development Director. 35. Unless otherwise specified, all required trees shall be a minimum 24-inch box in size and of a variety approved by the Community Development Director. 36. A comprehensive sign program for both building and freestanding monument signs shall be submitted for Community Development Department approval prior to any signing installation. The developer shall not erect or display on the subject property any signs that have not been approved in writing by the Community Development Department. 37. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. 38. 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. 39. 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. 40. 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. 41. 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. • Community Development Department • Planning Division • 47 Exhibit "A" Page 7 Tentative Tract Map No. 16329/C.U.P. No. 2002-11 Conditions of Approval 42. 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 Staff Review Committee. 43. The project shall comply with all mitigation measures as referenced in the Negative Declaration prior to issuance of Certificate of Occupancy. 44. 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. 45. Given the developer's "Pick-A-Lot" program, the specific siting of individual homes on each lot shall be subject to the approval of the Community Development Department to ensure that the street view of the houses as well as window separations between units meets the intent and language of the Wicker Drive Specific Plan. BUILDING CONDITIONS 46. Applicant/developer shall comply with applicable provisions of the 1997 Uniform Building, Plumbing and Mechanical Codes, 1996 National Electrical Code, California Administrative Code, Title 24, and the Code of the City of Cypress. 47. Type 5 cement shall be used for all foundations and slabs on grade. 48. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil. moisture barrier. 49. 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. 50. An acoustical report shall be submitted with the plans for plan check. Report shall meet all the requirements of the Uniform Building Code and Title 24 of the State Administrative Code. • Community Development Department • Planning Division • H-79 Exhibit "A" Page 8 Tentative Tract Map No. 16329/C.U.P. No. 2002-11 Conditions of Approval 51. 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). 52. 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. FIRE AUTHORITY CONDITIONS - RESIDENTIAL 53. Prior to the recordation of a subdivision map, the applicant shall submit a fire hydrant location plan for the review and approval of the Fire Chief. 54. Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether it is public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of a building permit. Provisions shall be made by the applicant for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. 55. Prior to the issuance of any certificate of use and occupancy, all fire hydrants shall have a blue reflective pavement marker indicating the hydrant location on the street or drive per the Orange County Fire Authority Standard as approved by the Fire Chief. These markers are to be maintained in good condition by the property owner. 56. 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 Protection form shall be signed by the applicable water district and submitted for approval to the Orange County Fire Authority. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected by insufficient fire flow. 57. Prior to the recordation of a subdivision map, a note shall be placed on the map stating that all multifamily residential structures; all single-family structures exceeding 5,500 square feet; and, all structures exceeding fire department access requirements shall be protected by an automatic fire sprinkler system, in a manner meeting the approval of the Fire Chief. 58. 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 OCFA for review and approval. • Community Development Department • Planning Division • O D Exhibit "A" Page 9 Tentative Tract Map No. 16329/C.U.P. No. 2002-11 Conditions of Approval 59. 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. 60. Prior to the recordation of a subdivision map, the applicant shall obtain approval of the Fire Chief for all fire protection access easements and shall dedicate them to the County. 61. Prior to the issuance of any grading permits, the applicant shall submit and obtain approval of plans for all roads, streets and courts, public or private, from the Fire Chief in consultation with the Manager, Subdivision and Grading Services. The plans shall include the plan view, sectional view, and indicate the grade and width of the street or court measured flow line to flow line. All proposed fire apparatus turnarounds shall be approved by the Fire Chief and if needed, clearly marked when a dead-end street exceeds 150 feet or when otherwise required. Applicable CC&R's, or other approved documents, shall contain provisions that prohibit obstructions such as speed bumps/humps, control gates or other modifications within said easement or access road unless prior approval of the Fire Chief is granted. 62. Street Signs. A note shall be placed on the fire protection access easement plan indicating that all street/road signs shall be designed and maintained to be either internally or externally illuminated in a manner meeting approval of the Fire Chief. 63. Prior to the issuance of a building permit, 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. A drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. 64. 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 and provisions that prohibit parking in the fire lanes. The method of enforcement shall be documented. 65. Prior to the recordation of the applicable subdivision map, as determined by the Fire Chief in consultation with the Manager, Subdivision and Grading Services, the subdivider shall enter into an agreement with the County for the installation of traffic signal preemption equipment for the surrounding controlled intersections. Said agreement shall be accompanied by financial security. • Community Development Department • Planning Division • 4- 81 Exhibit "A" Page 10 Tentative Tract Map No. 16329/C.U.P. No. 2002-11 Conditions of Approval 66. Special Fire Protection Area Conditional Exclusion. Prior to recordation of any final tract map, the subdivider shall place a note on the map meeting the approval of the Fire Chief that the property is "Conditionally Excluded" from a "Special Fire Protection Areas", and shall identify lots/buildings that are subject to construction features. 67. Prior to the issuance of any grading permits, the applicant shall submit and obtain the Fire Chief's approval for the construction of any gate across required fire authority access roads/drives. Contact the Orange County Fire Authority at (714) 744-0403 for a copy of the "Guidelines for Fire Authority Emergency Access". 68. 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 the all weather fire protection access roads shall be in place and operational before any combustible material is placed on-site. 69. Prior to the issuance of any grading permit, the applicant shall submit and obtain the approval of the Fire Chief's for a combustible gas/methane assessment and mitigation plan. 70. Prior to the issuance of a building permit or installation of an aboveground or an underground tank, plans shall be submitted to the Fire Chief for review and approval. SPECIAL CONDITIONS OF APPROVAL 71. ALL PROVISIONS OF THE DEVELOPMENT AGREEMENT EXECUTED BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND FIELDSTONE COMMUNITIES, INC. ARE HEREBY INCORPORATED BY REFERENCE AS CONDITIONS OF APPROVAL FOR THIS SUBDIVISION. 72. ALL PROVISIONS OF THE ATTACHED MITIGATION MONITORING PROGRAM ARE INCORPORATED BY REFERENCE AS CONDITIONS OF APPROVAL FOR THIS SUBDIVISION. Effective: 6-24-2002 • Community Development Department • Planning Division •