Resolution No. 5203392
RESOLUTION NO. 5203
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
TENTATIVE TRACT MAP NO. 15997, WITH CONDITIONS.
WHEREAS, an application was made by Mr. Mahendra Desai to subdivide three (3)
properties into seven (7) properties located at 8151 Gay 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 February 14, 2000
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. Subdividing the subject properties into seven (7) properties
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 present
zoning and all applicable ordinances in effect at the time this map is recorded with the County of
Orange. All necessary utility services shall be provided to the 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 se q).
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Cypress DOES
HEREBY APPROVE Tentative Tract Map No. 15997, 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 14th day of February , 2000.
a
MAYOR OF THE CITY OF . Y' ' SS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
393
I, LILLIAN M. HAINA, 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 14th day of February , 2000, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Keenan, McCoy, McGill, Sondhi and Piercy
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
394
EXHIBIT "A"
Tentative Tract Map No. 15997 /Design Review Committee Permit No. 99 -49
8151 Gay Street
CONDITIONS OF APPROVAL
Bolded Conditions Are Those Specific to This Project
* - Represents Mitigation Measures
ENGINEERING CONDITIONS
1. 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. A Tract Map shall be recorded prior to issuance of
Building Division Permits.
2. 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 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 on site drainage conveyed to
the street shall be by means of an under - sidewalk drain. On site landscape areas shall have a
slope gradient of one percent (1 %) minimum. In parking areas, A.C. 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 (0.2 %).
3. 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. The property lines shall have a single block wall only and the developer shall obtain
and submit to the City written permission or denial of the adjacent property owner. Grade
separation shall not exceed two feet (2') between adjacent properties.
4. 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 City Engineer and the Fire Marshall.
5. 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.
• Community Development Department • Planning Division •
395
Exhibit "A"
Tentative Tract Map No. 15997 and
Design Review Committee Permit No. 99 -49
Conditions of Approval
Page 2
6. Installation of cable television shall be subject to City Ordinance No. 726. Prior to
construction, the developer shall contact Media One at (310) 259 -2117 or Time Warner
Communications at (714) 895 -8686, whichever is applicable to the area, for specifications
and procedures for prewire of the building and installation of the service wiring. Necessary
permits shall be obtained at the City.
7. The developer shall provide mailbox facilities for each residence to the satisfaction of the
Public Works Director, Community Development Director and Postmaster.
8. 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.
9. Gay Street shall be fully improved with drive approach, grouted rock drainage swale
per City Std. Plan 106 constructed from south end of developer's drive approach to join
existing rock swale at south end of 8151 Gay Street, removal of existing trees and plants
at north end of Gay Street, construction of seven foot (7') high concrete block wall
along north right -of -way line of Gay Street with fifteen (15) gallon Nandina Domestica
planted along wall at five feet (5') on center, backfill in planter shall be 3" below finish
grade, repair and /or relocation of guard rail and installation of reflective markers, etc.
in accordance with the City's Code requirement of Streets. Acacia Circle shall be fully
improved with drive approach, removal and repair of interfering portion of block wall,
etc. in accordance with the City's Code requirement of Streets.
10. The quantity, location, width, and type of driveways shall be subject to the approval of the
City Engineer. An effective site distance for vehicular traffic shall be maintained at
driveway intersections. No landscaping in excess of three feet (3') high will be allowed in
the area of curb returns. Adequate sight distance also shall be maintained within the
development at all driveway intersections to the satisfaction of the City Engineer.
11. 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.
12. Street trees (15- gallon) fifty -two feet (52') on center shall be installed in back of the public
sidewalk in conformance to the street tree policy of the Public Works Department and shall
be incorporated with the on site landscape plan. The type of trees shall be as required by
the City's street tree Ordinance. Landscaping in the public right -of -way shall be maintained
by the developer.
13. 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.
• Community Development Department • Planning Division •
396
Exhibit "A"
Tentative Tract Map No. 15997 and
Design Review Committee Permit No. 99 -49
Conditions of Approval
Page 3
14. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Final Subdivision Map Filing Fee (Per Resolution No. 4001).
• Engineering Plan Check & Inspection Fee (Per Resolution Nos. 2964 & 4001).
• Park and Recreation Fee (Per Ordinance No. 769).
• Drainage Fee for Master Drainage Plan (Per Resolution No. 2287).
• City -wide Traffic Improvement Fee (Per Resolution No. 4348 & current fee resolution).
• Regional Traffic Improvement Fee (Per Resolution No. 4400).
• Sanitary Sewer Connection Fee (Per Orange County Sanitation District No. 3 Resolution
No. 308).
• Grading Plan Check and Permit (Per Resolution Nos. 2964, 3662, 4001 & 4220).
• All applicable Building Division fees.
15. 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 (Section 2100 et seq. - including but not by way of limitation Sections 21152 &
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, the developer
shall not thereafter be responsible to defend, indemnify, or hold harmless the City.
*16. Prior to 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 soils and geologic hazards. (Mitigation Measure No. 3)
*17. 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
• Community Development Department • Planning Division •
397
Exhibit "A"
Tentative Tract Map No. 15997 and
Design Review Committee Permit No. 99 -49
Conditions of Approval
Page 4
sedimentation basins, sand bagging, soil compaction, re- vegetation, temporary
irrigation, scheduling and time limits on grading activities, and construction equipment
restrictions onsite. This plan shall also demonstrate compliance with South Coast Air
Quality Management District Rule 403, which regulates fugitive dust control.
(Mitigation Measure No. 4)
*18. Prior to issuance of building permits, the applicant shall submit for approval of the
City Public Works Department, a Water Quality Management Plan (WQMP)
specifically identifying Best Management Practices (BMP's) that will be used onsite to
control predictable pollutant runoff. (Mitigation Measure No. 5)
PLANNING CONDITIONS
19. All applicable condition of Tentative Tract Map No. 15997 and Design Review Committee
No. 99 -49 shall be complied with prior to the occupancy of the subject buildings.
20. Utilities shall not be released and Certificates of Occupancies shall not be issued until all
conditions of approval have been met to the satisfaction of the Community Development
Director.
21. All requirements of the Orange County Fire Marshall's Office shall be complied with prior
to a Certificate of Occupancy being issued.
22. 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 structures.
23. 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. The plan shall include the proposed landscaping for; Lots
A and B, the front yard of each unit, and portions of the south and west property lines
of the site. Mature landscaping, minimum 36" box size, shall be planted along portions
of the south and west property lines to the satisfaction of the Planning Division. A bond
shall be posted with the Public Works Department to guarantee against defects in plant
materials and workmanship.
24. Decorative pavement treatments shall be constructed at both driveway entrances to the
site. The decorative pavement treatment shall consist of colored stamped concrete or
similar decorative treatment to be approved by the Cypress Planning Division.
• Community Development Department • Planning Division •
3 9 Exhibit "A"
Tentative Tract Map No. 15997 and
Design Review Committee Permit No. 99 -49
Conditions of Approval
Page 5
25. 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 the
installation of additional perimeter landscaping, window coverings, and /or opaque
windows as determined appropriate by the Design Review Committee.
26. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so
as to cover all landscaped areas.
27. All walls and fences shall be maintained free of significant surface cracks, dry rot, warping,
missing panels, or blocks which threaten the structure's structural integrity or appearance.
28. 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.
29. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a
variety approved by the Community Development Director.
30. 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 thirty -eight dollars ($38.00) for the 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 of the project granted herein shall be voided.
31. Conditions, Covenants, and Restrictions (CC &R's) for the project shall be submitted to
the Cypress Planning Division for review prior to the issuance of building permits. The
CC &R's shall contain provisions governing the maintenance of onsite landscaping,
reciprocal access, etc. The CC &R's shall contain a provision reserving one (1) open
parking space per lot.
32. A provision shall be included in the CC &R's stating that the gas fireplace shall contain
artificial non -wood burning logs and that no wood or paper products may be burned in
the fireplace.
33. 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.
• Community Development Department • Planning Division •
Exhibit "A"
Tentative Tract Map No. 15997 and
Design Review Committee Permit No. 99 -49
Conditions of Approval
Page 6
34. The height of all perimeter block walls shall be measured from the highest adjacent
grade.
34A. A block wall seven feet (7') in height, measured from the highest adjacent grade, shall
be constructed along the south property line. The wall shall not exceed forty -two (42)
inches in height for the first twenty feet (20') of the property measured in a westerly
direction beginning at Gay Street. The wall shall be constructed of materials that
match block walls currently on the property.
35. Architectural accent treatments in the form of plant -ons shall be provided around the
windows on the side and rear elevations of the homes.
36. Roofing material shall consist of "s- shaped" or flat concrete tiles. The roof color for
each home shall not duplicate that of the adjacent property.
37. Installation of security gates at either the Gay Street or Acacia Circle entrance shall be
prohibited.
38. A lighting plan shall be submitted to the Community Development Department prior to
obtaining Building Permits for safety review. Onsite security lighting shall be arranged so
that direct rays will not shine on adjacent properties or produce glare for street traffic.
BUILDING CONDITIONS
39. 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.
40. An automatic fire sprinkler system, approved by the Fire Marshall may be required.
41. Type 5 cement shall be used for all foundations and slabs on grade.
42. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
43. 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.
• Community Development Department • Planning Division •
399
4 0 Qxhibit "A"
Tentative Tract Map No. 15997 and
Design Review Committee Permit No. 99 -49
Conditions of Approval
Page 7
44. Construction bins for non - recyclable and recyclable materials generated from any
construction site (residential and non - residential) must be placed "onsite" out of the public
right -of -way. (Example: street side of curb is public right -of -way. Not allowed.)
45. 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.
*46. Project construction /demolition 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.
(Mitigation Measure No. 1)
*47. All structures shall be designed as confirmed during the building design plan checking,
to withstand anticipated ground shaking 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 No. 2)
*48. Grading and exterior building construction activities shall be limited to the hours
between 7:00 a.m. and 8:00 p.m., Monday through Friday, and 9:00 a.m. to 8:00 p.m.
on Saturday. 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 inspections by City staff. (Mitigation
Measure No. 6)
*49. Prior to issuance of building permits, the developer shall demonstrate to the City of
Cypress that the use of low water use fixtures, plumbing fixtures and appliances are
planned for the project in accordance with applicable standards and requirements.
(Mitigation Measure No. 7)
POLICE CONDITIONS
50. Common areas not designated for guest parking should be kept clear at all times. The curbs
inside the development should be painted red for fire lane purposes and parking restrictions
shall be posted throughout the development.
51. Back lit address signs shall be installed next to each garage door for easy identification by
Police and Fire Departments.
• Community Development Department • Planning Division •
Exhibit "A"
Tentative Tract Map No. 15997 and
Design Review Committee Permit No. 99 -49
Conditions of Approval
FIRE AUTHORITY CONDITIONS
Page 8
52. Prior to the recordation of any subdivision map, the applicant shall submit water
improvement plans to the Fire Chief for review and approval to ensure adequate fire
protection and financial security is posted for the installation. The water system design,
location of valves, and the distribution of the fire hydrants will be evaluated and approved
by the Fire Chief.
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. 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 the issuance of building
permits. 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.
54. Prior to the issuance of any certificate of use and occupancy, all fire hydrants shall have a
"Blue Reflective Pavement Marker" indicating its location on the street or drive per the
Orange County Fire Authority Standard and approved by the Fire Chief. On private
property these markers are to be maintained in good condition by the property owner.
55. 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.
56. 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 3,600 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.
57. 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.
58. 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.
59. 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,
• Community Development Department • Planning Division •
401
40? xhibit "A"
Tentative Tract Map No. 15997 and
Design Review Committee Permit No. 99 -49
Conditions of Approval
Page 9
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 which 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.
60. 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.
61. 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.
62. 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 which prohibit parking in the fire lanes. The method of
enforcement shall be documented.
63. Prior to the issuance of any grading permits, the applicant shall submit and obtain the Fire
Chiefs 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 ".
64. 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.
Effective 2 -15 -2000
• Community Development Department • Planning Division •