Resolution No. 6550236
RESOLUTION NO. 6550
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 3034, AS REVISED TO
A BUILDING HEIGHT OF TWO- STORIES, WITH CONDITIONS.
WHEREAS, the applicant originally filed for an application for a conditional use
permit in accordance with the provisions of Section 4.19.070 of the Zoning Ordinance of
the City of Cypress to allow the construction of 66 two and three story residential
condominium units on the property located at 5300 and 5400 Orange Avenue within the
OP /CC Office Professional /Civic Center Overlay Combining Zone; and
WHEREAS, no three story residential developments currently exist along the
Orange Avenue corridor which extends from Bloomfield Street to Valley View Street; and
WHEREAS, the project originally proposed to demolish existing three story
commercial buildings and build even taller three story residential uses, and
WHEREAS, the project as originally proposed was considered by the City Council
during its meeting on January 11, 2016; and
WHEREAS, legitimate concerns were raised regarding design, neighborhood
compatibility, and other public health, safety and welfare concerns for the project as
originally proposed; and
WHEREAS, on January 11, 2016, the City Council adopted Resolution No. 6543
which conditionally denied Conditional Use Permit No. 3034, without prejudice, and
WHEREAS, the denial without prejudice was subject to the following condition:
If the Applicant wishes the City Council to reconsider its conditional denial, the
applicant shall submit a revised project to the Director of Community Development
for the project within 120 days of the conditional denial, and the Director shall have
the matter set for hearing before the City Council for consideration of approval. The
revised project should be more compatible with the neighborhood, including
addressing massing and building height issues to reduce a towering effect,
impairment of views and privacy of adjacent residential uses, noise impacts on
adjacent uses, and the other issues articulated in the findings to this Resolution.
Potential approaches could include reduction of proposed building design to less
than three stories and /or adjustments to setbacks as appropriate. No additional
fee shall be charged to the Applicant for the revised project, the revised
application shall be considered to be part of the original application for
Conditional Use Permit No. 3034 in all regards, and if timely submitted the
Applicant will be entitled to have the City Council reconsider its conditional denial
and review the revised project for approval.
WHEREAS, the applicant submitted a revised project to the Director of Community
Development for the project within 120 days of the conditional denial; and
WHEREAS, the revised project proposes 52 residential condominium units that are
two stories in height (no three story buildings); and
WHEREAS, the revised project is more compatible with the neighborhood, and
has addressed massing and building height issues to reduce a towering effect,
impairment of views and privacy of adjacent residential uses, noise impacts on adjacent
uses, and other issues articulated in Resolution No. 6543; and
WHEREAS, the Director of Community Development has set the revised project
matter set for hearing before the City Council for consideration of approval as directed by
Resolution No. 6543; and
WHEREAS, the City Council, after proper notice thereof, duly held a public hearing
on said application as provided by law.
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NOW, THEREFORE, the CITY COUNCIL of the CITY of CYPRESS, CALIFORNIA,
does hereby FIND, RESOLVE, DETERMINE, and ORDER, based upon substantial
evidence taken from the administrative record and at the public hearing, AS FOLLOWS:
1. That the City Council hereby finds that:
a. The applicant has complied with the process for reconsideration of
the conditional denial and for review of the revised project for approval consistent
with Resolution No. 6543.
b. In accordance with the California Environmental Quality Act (CEQA),
this project as revised falls within the Class 32 [Infill Development Projects]
Categorical Exemption set forth in CEQA Guidelines section 15332. This
exemption applies to this infill project as the project is consistent with the applicable
general plan designation and all applicable general plan policies, as well as with
applicable zoning designation and regulations. Additionally, the proposed
development occurs within the city limits on project site of approximately 3.67
acres; well within the five acres or less required by a Class 32 Categorical
Exemption, and which is surrounded by existing urban uses. The project site has
existing commercial structures on the property, is built out, and has no value as
habitat for endangered, rare, or threatened species.
The project can also be served by all required utilities and public services.
Sewer, electrical, gas, police, and fire services are already available for the existing
commercial buildings and will also continue to be available to serve the proposed
project. The proposed condominiums can be served by the existing school district
facilities in the vicinity, and a fee has been levied to mitigate any impact of the
project related to schools. The project will not result in a substantial increase in
traffic, or decrease in the level of service at nearby intersections. Approval of this
project would not result in any significant effects relating to traffic, noise, air quality,
or water quality. The project is required to comply with water quality and
drought/water conservation regulations. Furthermore, the revised height of the
proposed buildings, which is consistent with the City's zoning and development
standards, is not an exception to the Categorical Exemption set forth in CEQA
Guidelines section 15300.2. Finally, none of the exceptions to the Categorical
Exemptions set forth in CEQA Guidelines section 15300.2 apply to this project.
c. The proposed location of the conditional use is consistent with the
requirements of the general plan and the zoning district in which the site is located,
including:
i. The planned land use designation in the General Plan is General
Neighborhood Commercial and General Plan policies.
ii. The OP Office Professional Zone is intended to permit integrated
professional office uses, and multiple - family dwelling units subject to
conditional use permit approval.
d. The proposed location of the conditional use and the conditions under
which it would be operated or maintained will not be detrimental to the public
health, safety or welfare, or be materially injurious to properties or improvements in
the vicinity, including that:
i. The proposed condominium development project, as proposed at a
density of 14.17 units per acre, would be consistent with the City's
maximum 20 dwelling units per acre for multiple - family residential
development.
ii. There is sufficient infrastructure and public services to accommodate
the proposed residential development within the project vicinity.
iii. As conditioned, the proposed condominium development project
would not result in any significant effects relating to traffic, noise, air
quality, or water quality.
iv. In accordance with the CEQA Guidelines, the proposed condominium
development project is categorically exempt under CEQA Guidelines
section 15332 as noted above.
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e. The proposed conditional use will comply with all applicable
provisions of the Zoning Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby adopt a determination of a Class 32 Categorical Exemption
under CEQA for this project, and approves Conditional Use Permit No. 3034, as revised,
subject to the conditions attached hereto as Exhibit "A ".
Any challenge to this Resolution, and the findings set forth therein, must be filed
within the 90 day statute of limitations set forth in Code of Civil Procedure 1094.6.
PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular
meeting held on the 22nd day of February, 2016.
MA OR OF THE CITY OFil PR S
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Resolution was duly adopted at a regular meeting of the said City
Council held on the 22nd day of February, 2016, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Johnson, Peat, Morales and Yarc
NOES: 1 COUNCIL MEMBERS: Berry
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
EXHIBIT "A" 239
CYPRESS COLLECTION - 52 CONDOMINIUMS
CONDITIONAL USE PERMIT NO. 3034
AND
VESTING TENTATIVE TRACT MAP NO. 17917
5300 and 5400 ORANGE AVENUE
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
1. General Conditions
1.1. Unless and until the project applicant and property owner sign and return a City- provided
affidavit accepting these conditions of approval, there shall be no entitlement of the
application. The project applicant and property owner shall have thirty (30) calendar days
to return the signed affidavit to the Community Development Department. Failure to do so
will render City Council action on the application void. (Planning)
1.2. The applicant 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 seg. - including but not by way of limitation § 21152 and
21167). City shall promptly notify the applicant of any claim, action, or proceeding
brought within this time period. (City Attorney)
1.3. The applicant'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. (City
Attorney)
1.4. The applicant shall comply with all provisions of the Code of the City of Cypress.
(Planning)
1.5. All requirements of the Orange County Fire Authority (OCFA) shall be complied with prior
to a certificate of occupancy being issued. (Planning)
• Community Development Department • Planning Division •
240
Exhibit "A"
Conditional Use Permit No. 3034 /Tentative Tract Map No. 17917
Conditions of Approval
Page 2
1.6. 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. (Planning)
2. Planning
2.1. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department. (Planning)
2.2. Any expansion or modification of the approved use beyond what is approved as part of this
Conditional Use Permit will require an amendment to the conditional use permit.
(Planning)
2.3. The developer shall provide mailbox facilities for each residence, to the satisfaction of the
Director of Community Development and the Postmaster. (Planning)
2.4. This conditional use permit may be modified or revoked by the City Council should the
Council determine that the proposed use or conditions under which it is being operated or
maintained is detrimental to the public health, safety, or welfare, or materially injurious to
properties or improvements in the vicinity. (Planning)
2.5. Two (2) copies of the CC &R's covering the condominium development shall be submitted
to the City staff (prior to recordation) for internal review, recommendation, and approval to
assure the continuous maintenance applicability and enforceability of the CC &R's so that
the development will not become a liability to the City at a later date. The CC &R's shall
assign responsibility to the homeowners association for the maintenance of the common
area, including driveways, parking lots, and landscaping (including the public parkway
along Orange Avenue adjacent to the condominium project property). (Planning)
2.6. A copy of the Condominium Plan for this project shall be submitted to the City staff for
review and approval prior to recordation. (Planning)
2.7. The condominium development shall maintain individual trash cans for each unit on -site
(one for regular garbage and one for recyclables). The CC &R's for this condominium
development shall include provisions restricting the locations of the trash cans to the
interior of the garage or within a fenced private yard, except the evening prior to and the
day of trash pick -up service for the neighborhood. On days of trash pick -up trash cans
shall be placed on the private drive aisle. Individual trash cans shall be contracted through
the City's disposal services contractor. (Planning)
2.8. The CC &R's for the project shall include a section requiring that the garage parking spaces
shall be maintained open and available at all times for the parking of two vehicles.
Signage shall be installed which adequately identifies all guest parking spaces. (Planning)
• Community Development Department • Planning Division •
241
Exhibit "A"
Conditional Use Permit No. 3034 /Tentative Tract Map No. 17917
Conditions of Approval
Page 3
2.9. Open parking spaces shall remain unassigned. Guest parking spaces shall not be used for
long -term parking. Restrictions for guest parking spaces shall be included in the CC &R's
for the project and signed appropriately. (Planning)
2.10. Areas subject to vehicle loading, including internal streets, driveways, etc., shall consist of
Portland Cement Concrete (PCC) unless an alternative material is approved in the project
WQMP for infiltration purposes. (Planning)
2.11. The applicant/developer shall construct a new masonry block wall to replace the
existing walls located along the south (rear) property line adjoining residential
properties located on Oxford Drive. The new wall height shall be seven feet as
measured from the highest adjacent grade. In the event an adjacent property owner
does not grant permission to remove an existing fence or wall, the developer shall
obtain and submit to the City, a written denial of the adjacent property owner, or
other evidence that demonstrates that the developer used best efforts but was unable
to obtain the adjacent owners consent to remove the existing wall. If a new wall is to
be constructed adjacent to an existing block wall, the new wall shall be located as
close as possible to the existing wall. The gap or separation between the new and
existing walls shall be filled with foam or similar sealing material subject to approval
by the City. (Planning)
2.12. The block walls along the east and west sides of the subject property shall be eight feet
high, except within the required front 20 foot setback area. The maximum fence
height within the front setback area shall be 42 inches (3 '/ feet). (Planning)
2.13. The developer shall plant mature trees (minimum 24" box size) along the south (rear)
perimeter of the subject property to provide screening for the single - family residences
located adjacent to the south property line. The developer shall make their best effort
to obtain a majority agreement of the adjacent property owners regarding the size
and species of the trees prior to approval by City staff. City approval of the screening
trees shall be obtained prior to issuance of a building permit. (Planning)
2.14. The CC &R's for the project shall include a section requiring that the southerly
perimeter screening trees shall be maintained in -place after project completion by the
homeowners association. The applicant /developer shall be responsible for replacing
any dead /dying trees on the subject property within the first 12 months after project
completion. Thereafter, the homeowners association shall be responsible for
replacement of any dead trees on the property. (Planning)
2.15. Lighting on the south side of the buildings, as well as within the rear yard and
parking area, shall be designed to prevent impacts on adjacent residential properties
to the south. If substantiated complaints are received that project lighting is causing
an adverse impact, such light shall be replaced or fitted with a shielding material
subject to approval by City staff. If a resolution to the lighting impact cannot be
achieved, the fixture may be removed and relocated, subject to approval by City staff.
(Planning)
• Community Development Department • Planning Division •
242
Exhibit "A"
Conditional Use Permit No. 3034 /Tentative Tract Map No. 17917
Conditions of Approval
3. Architectural
Page 4
3.1. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits. (Planning)
3.2. 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. (Planning)
3.3. Balconies shall not project more than six feet (6') from the face of the buildings. (Planning)
3.4. On -site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic. (Planning)
3.5. All roof mounted equipment, such as heating and air conditioning units, shall be adequately
screened from public view subject to the approval of City staff. (Planning)
3.6. The transformer boxes and water valves shall be placed in locations acceptable to the
Director of Community Development and shall be adequately screened from view with
plant materials. (Planning)
3.7. During construction, the developer shall provide an adequate number of trash bins at a
location acceptable to City staff. Construction bins must be maintained onsite. Bin rental
shall be contracted through the City's disposal services contractor. (Planning)
3.8. If the second story windows create a privacy problem for adjacent property owners,
measures shall be taken to resolve the problem. These mitigation measures shall be subject
to Design Review and may consist of, but not be limited to, requirements for additional
perimeter landscaping and/or window coverings as determined appropriate by the Design
Review Committee. (Planning)
3.9. The project driveway shall consist of concrete and include a decorative pattern of
stamped, colored concrete, pervious pavers, or similar decorative material which is
consistent with the Final Water Quality Management Plan approved for the project.
(Planning)
3.10. The roof materials for the pitched portion of each building shall consist of concrete
tile with the final color subject to the approval of the Cypress Planning Division.
(Planning)
3.11. All interior fences surrounding the private yard areas (not located within the front
setback area) shall be a minimum of 42 inches and maximum of six feet in height,
measured from the highest adjacent grade and shall consist of split -faced or stucco
covered concrete block. All fencing shall be subject to approval of the Community
Development Department. (Planning)
• Community Development Department • Planning Division •
243
Exhibit "A"
Conditional Use Permit No. 3034 /Tentative Tract Map No. 17917
Conditions of Approval
Page 5
3.12. The walls /fences provided along the Orange Avenue street frontage shall include
decorative material (i.e. masonry and/or metal) subject to the approval of the Cypress
Planning Division. (Planning)
4. Signage
4.1. The developer shall not erect or display on the subject property any signs which have not
been approved in writing by the Community Development Department. (Planning)
5. Landscaping
5.1. A detailed landscape and automatic irrigation plan shall be submitted to the Cypress
Planning Division for review and approval at least sixty (60) days prior to issuance of a
certificate of occupancy. In addition, a bond shall be posted with Public Works to
guarantee against defects in plant materials and workmanship for a period of one (1) year
from acceptance of the landscape installation. All required landscaping shall be
permanently maintained in a neat and orderly condition. (Planning)
5.2. All qualifying landscape projects in the City shall comply with the City's water efficiency
ordinance as well as the water efficient requirements of the Cypress Zoning Code and the
City's Drought Response Management Plan. All irrigation shall be provided by a drip or
microspray system. (Planning)
5.3. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a
variety approved by the Director of Community Development. (Planning)
5.4. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas. (Planning)
6. Operational
6.1. The use of mechanical devices associated with the cleaning and maintenance of real
property shall be conducted in accordance with the Cypress Zoning Code. (Planning)
6.2. The parking areas shall be used solely for vehicular parking, unless otherwise approved in
writing by the Director of Community Development. (Planning)
7. Property Maintenance
7.1. 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. (Planning)
7.2. 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. (Planning)
• Community Development Department • Planning Division •
244
Exhibit "A"
Conditional Use Permit No. 3034 /Tentative Tract Map No. 17917
Conditions of Approval
Page 6
7.3. 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. (Planning)
7.4. Exterior building elevations shall be maintained such that the buildings are free of broken,
missing or significantly cracked surface finished materials. (Planning)
7.5. The homeowners shall maintain the site and all buildings, structures, walls, etc. free from
all graffiti. All graffiti shall be removed within 24 to 48 hours once notified in writing by
the City. (Planning)
8. Fees
8.1. The applicant shall pay the following fees per Resolution No. 6118, as noted below.
(Engineering)
Park and Recreation (Prior to Grading Permit)
Drainage Fee for Master Drainage Plan (Prior to Grading Permit)
City -wide Traffic Improvement (Prior to Grading Permit)
Regional Traffic Improvement (Prior to Grading Permit)
Final Subdivision Map Check (Prior to submittal of Final Map)
Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD -09) (Prior to
Issuance of Building Permits)
Grading / On -Site (Non- Structural) Plan Check (Prior to Submittal of Grading Plans)
Grading Permit and Inspection (Prior to Permit Issuance) (B &S)
Building Plan Check (Prior to Submittal of Plans) (B &S)
Building Permit and Inspection (Prior to Permit Issuance) (B &S)
Public Improvement Plan Check (Prior to Submittal of Plans)
Public Improvement Permit and Inspection (Prior to Permit Issuance)
8.2. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall
deliver to the Community Development Department a check payable to the County Clerk -
Recorder in the amount of Fifty Dollars ($50.00) County administrative fee, to enable
the City to file the Notice of Exemption pursuant to Fish and Game Code §711.4 and
California Code of Regulations, Title 14, section 753.5. If, within such forty-eight (48) hour
period, the applicant/developer has not delivered to the Community Development
Department the check required above, the approval for the project granted herein shall be
void. (Planning)
9. Engineering
9.1. That all engineering requirements, including preparation of improvement plans and
installation of all improvements such as curbs and gutters, sidewalks, street grading and
pavement, sewer and drainage facilities, or other appurtenant work shall be complied with
as required by the City Engineer and in accordance with specifications on file in the Office
• Community Development Department • Planning Division •
245
Exhibit "A"
Conditional Use Permit No. 3034 /Tentative Tract Map No. 17917
Conditions of Approval
Page 7
of the City Engineer, as may be modified by the City Engineer; and, that security in the
form of a bond, certificate of deposit, letter of credit, completion guarantee, or cash, in an
amount and form satisfactory to the City Engineer, shall be posted with the City to
guarantee the satisfactory completion of said improvements. Said security shall be posted
with the City prior to the issuance of a building permit or final map approval, whichever
occurs first, to guarantee the installation of the related improvements prior to final building
and zoning inspections in accordance with an approved construction phasing plan. In the
event the developer's contractor and/or subcontractor fails to diligently prosecute the work
within the public right -of -way, the City reserves the right, in its reasonable discretion, to
issue a stop work notice and to provide a substitute contractor and/or subcontractor to
complete said work at the sole cost and expense of developer. (Engineering)
9.2. Prior to issuance of grading permit, the applicant shall submit all public improvement plans
and grading plans per the Public Works Standard Plans and specified design criteria. All
plans shall be in ink on 24 inch by 36 inch Mylar with City title block on all sheets. Digital
copies of the plans shall also be submitted. (Engineering)
9.3. When there are monuments in or near the project area which control the location of
subdivisions, streets or highways, or provide survey control, the developer shall locate and
reference the monuments and shall reset them after construction as required by Section
8771 of the Business and Professions Code, in a manner meeting the approval of the City
Engineer. (Engineering)
9.4. The applicant shall notify the Director of Community Development in writing if any
changes to parcel /tract map are proposed during the plan check process. Permits shall not
be issued until the Director of Community Development has reviewed and approved the
proposed changes for conformance with the intent of the City Council's action and the
conditions herein. If the proposed changes are of a substantial nature, an amendment to the
original entitlement may be required. (Engineering, Planning)
10. Landscaping within the Public Right -of -Way
10.1. Prior to issuance of building permits, the applicant shall submit a landscaping and irrigation
plan including any landscaping within the public right -of -way to the Planning Division for
approval with a copy to the Maintenance Division Manager. The subject landscaping and
irrigation plans shall be designed to be in conformance with the City's water efficient
landscape ordinance. (Engineering, Maintenance)
10.2. The applicant shall post a bond 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 Public Works for approval at least 30 days prior to
planting date. Test results shall include concentration of nitrogen, phosphorus, potassium,
ph, salinity, sodium status, and boron saturation extract. Drought tolerant landscape is
• Community Development Department • Planning Division •
246
Exhibit "A"
Conditional Use Permit No. 3034 /Tentative Tract Map No. 17917
Conditions of Approval
Page 8
encouraged and the landscaping will be irrigated from the private property meter.
(Engineering, Maintenance)
10.3. Prior to issuance of a certificate of occupancy, the applicant shall install street landscaping
and irrigation per the approved landscaping and irrigation plan. (Engineering,
Maintenance)
10.4. The homeowners association or their successor in interest shall maintain the landscaping in
perpetuity, including the irrigation, trees, and all landscaping planted in the public right -of-
way located along the frontage of their property in a healthy condition. (Engineering,
Maintenance)
10.5. The Applicant shall maintain as many of the mature trees located along the Orange Avenue
street frontage as possible. For any trees removed within the public right -of -way, a report
by a certified arborist shall be provided to the City which identifies the reasons for the
removal of the trees. The size, number, and species of trees shall be subject to the approval
of the Cypress Community Development Department. (Planning)
11. Sewer and Wastewater
11.1. The developer shall examine the existing lateral and provide proof that the capacity of
the lateral is sufficient for intended use. If the existing lateral is not useable or does not
have sufficient capacity, the developer shall construct a new public sewer lateral with a
publicly owned cleanout /manhole in the public right -of -way at a location approved by
the City Engineer. (Engineering)
11.2. Prior to the issuance of grading permit, the applicant shall submit a sewer plan signed and
stamped by a registered civil engineer, detailing all the proposed public and/or private
sewer lines meeting the requirements of the City Design Standards for Sewer Facilities.
(Engineering)
11.3. All sewer lines within the development shall be private sewer lines and shall be maintained
and cleaned by the developer, or successor in interest. The City of Cypress shall have no
responsibility for maintenance of the private sewer lines. (Engineering)
12. Street Trees N/A
13. Street Lighting N/A
14. Streets
14.1. Prior to issuance of a certificate of occupancy, the applicant shall remove and replace any
existing public improvements at the development site which have existing damage, are
damaged due to construction, or otherwise below current standards, to the satisfaction of
the City Engineer. (Engineering)
• Community Development Department • Planning Division •
247
Exhibit "A"
Conditional Use Permit No. 3034 /Tentative Tract Map No. 17917
Conditions of Approval
Page 9
14.2. Prior to issuance of certificate of occupancy, the applicant shall fully improve with
curb, gutter, sidewalk, trees, landscaping, drive closure, drive approach, paving, etc.,
the frontage along Orange Avenue per the approved Vesting Tentative Tract Map
and the City Engineer's approval. The applicant shall also grant a pedestrian
walkway easement across and over the private property portion of the frontage
sidewalk. (Engineering)
14.3. Areas subject to vehicle loading, including internal streets, driveways, etc., shall consist of
Portland Cement Concrete (PCC) unless an alternative material is approved in the project
WQMP for infiltration purposes. (Planning)
15. Subdivisions
15.1. Prior to issuance of building permits, the applicant shall ensure that the Parcel /Tract Map
that meets all the requirements of the State Subdivision Map Act and City's Subdivision
Ordinance, is recorded and a copy of the recorded map is submitted to the City Engineer.
(Engineering)
16. Traffic
16.1. The access driveway to the development shall be designed such as there is minimal
impact on the vehicle's tire upon ingress and egress from the driveway, as approved by
the Director of Community Development. (Engineering)
16.2. The quantity, location, width, and type of public driveways shall be subject to the
approval of the City Traffic Engineer. Prior to construction of any driveway approach
upon public street right -of -way, the applicant shall obtain a public works permit.
(Engineering)
16.3. Pedestrian activity at the main driveway shall be monitored over a three year
period following the issuance of the last certificate of occupancy for the project. A
pedestrian signal or other type of device shall be installed if the level of pedestrian
activity justifies the need for the signal as determined by the City Engineer. Prior
to the issuance of any building permits, the applicant shall provide 1.) a cash
deposit in the amount of $95,000 or 2.) in an escrow account in the form and
manner approved by the Community Development and Finance Director for the
cost of the future signalized pedestrian crossing at the intersection of Orange
Avenue and the proposed project driveway. (Engineering)
16.4. Prior to the issuance of any grading permits, the applicant shall provide adequate sight
distance per Engineering Standard Plan 204 and 205 at all street intersections,
driveways, and parkways, in a manner meeting the approval of the City Engineer. The
applicant shall make all necessary revisions to the plan to meet the sight distance
requirement such as removing slopes or other encroachments from the limited use area
in a manner meeting the approval of the City Engineer and City Planner. (Engineering)
• Community Development Department • Planning Division •
248
Exhibit "A"
Conditional Use Permit No. 3034 /Tentative Tract Map No. 17917
Conditions of Approval
Page 10
16.5. Hedges and fences located within the 20 -foot front yard setback shall not exceed 42
inches in height. (Planning)
16.6. The following pedestrian safety items shall be installed at the project's access
driveway off Orange Avenue: (Planning)
A red STOP sign at the exit.
A white stop line at the exit.
Reflective mirrors at the exit to detect oncoming pedestrians, etc., on the sidewalk.
Traffic slowing devices on the exit side of the driveway, such as Botts' Dots, speed
bumps, or other similar devices, subject to the approval of the Director of
Community Development.
16.7. The developer shall include a provision in the CC &Rs requiring the HOA to
annually fund one morning and one afternoon crossing guard for the intersection of
Orange Avenue and Grindlay Street to assist students on school days. The
Anaheim Union High School District (AUHSD) will be responsible for submitting a
written request for the crossing guard to the City by July 15th of each year. If
AUHSD no longer requires the crossing guard and /or if AUHSD fails to provide a
written request for two consecutive school years, then the funding of the crossing
guard shall no longer be required of the HOA and this condition will have been met
in full. Upon receiving a written request from the City, the HOA shall remit
payment for the estimated cost of the crossing guard. At the conclusion of the
school year, the actual cost of the crossing guard will be reconciled. If the actual
cost is higher than the estimate, the City will invoice the HOA. If the actual cost is
lower than the estimate, the City will refund the HOA or provide a credit for the
next school year. Funding for the crossing guard shall be provided by the HOA for
a minimum of two years from the date of issuance of the final certificate of
occupancy. (Planning)
17. Utilities
17.1. Prior to issuance of a certificate of occupancy, the applicant shall install all new and
existing utility services underground. (Engineering)
17.2. Attention is directed that trenching and backfill in streets shall be per City of Cypress
Standard Plan No. 109. Arterials shall be crossed by boring only. In public streets,
lateral open cuts spaced within 20 feet of each other shall be covered with a one inch
continuous asphalt concrete cap. Upon completion of trench cap, Contractor shall
provide Type II Slurry Seal with 2.5% Polymer Modified (Rubber Latex) along the
entire property frontage, for the half width of Orange Avenue, per the approval of
the City Engineer. Contractor shall also be responsible for replacing all traffic
striping and legends in kind. (Engineering)
• Community Development Department • Planning Division •
249
Exhibit "A"
Conditional Use Permit No. 3034 /Tentative Tract Map No. 17917
Conditions of Approval
18. Drainage
Page 11
18.1. Prior to issuance of grading or building permits or recordation of the subdivision map,
whichever comes first, at the direction of the City Engineer, the applicant shall submit a
grading plan for approval, in ink, on Mylar, signed and stamped by a registered California
civil engineer and using actual grades from an Orange County Surveyor's Benchmark on a
form acceptable to the City Engineer. (Engineering)
The applicant shall ensure the following requirements are met:
Drainage is solved to the satisfaction of the City Engineer.
The Grading Plan is consistent with the Water Quality Management Plan, Site
Plan and any Improvement Plan for proposed public storm drains.
Submittal of a Preliminary Grading Plan if deemed necessary by the City
Engineer.
The topography of the area surrounding this development shall be made to
establish existing drainage flow patterns.
The minimum slope standards are met for 1% for landscape areas, AC parking
areas 1.5 %, Concrete .2 %.
All surface runoff and subsurface drainage directed to the nearest acceptable
drainage facility, as determined by the City Engineer.
Drainage facilities discharging onto adjacent property shall be designed to imitate
the manner in which runoff is currently produced from the site or alternatively,
the applicant may obtain a drainage acceptance and maintenance agreement,
suitable for recordation, from the owner of said adjacent property.
All drainage facilities must be consistent with the County of Orange Grading
Ordinance as supplemented by the Engineering Division and Local Drainage
Manual.
Submittal of a drainage study, when determined necessary by the City Engineer,
evidencing that proposed drainage patterns will not overload existing storm
drains.
Submittal of drainage studies, when determined necessary by the City Engineer,
indicating how the project grading, in conjunction with the drainage conveyance
systems including applicable swales, channels, street flows, catch basins, storm
drains, and flood water retarding, will allow building pads to be safe from
inundation from rainfall runoff which may be expected from all storms up to and
including the theoretical 100 -year flood.
18.2. Prior to the recordation of a subdivision map (except maps for financing and conveyance
purposes only) or prior to the approval of final inspection, whichever occurs first, the
applicant shall construct all required drainage improvements, or provide evidence of
financial security (such as bonding), in a manner meeting the approval of the City Engineer,
and inspection and dedication of the associated easements to the City of Cypress, if
determined necessary. If a bond is provided, the applicant shall construct all drainage
improvements prior to certificate of occupancy. (Engineering)
• Community Development Department • Planning Division •
250
Exhibit "A"
Conditional Use Permit No. 3034 /Tentative Tract Map No. 17917
Conditions of Approval
19. Storm Water Quality — National Pollutant Discharge Elimination System
Page 12
19.1. Prior to the issuance of building permits, the applicant shall submit a certified copy of
the approved Final Water Quality Management Plan along with the final approved
Grading Plan and all other supporting documentation on a Compact Disc in digital file
format acceptable to the City Engineer. (Engineering, Water Quality)
19.2. For projects greater than one acre, prior to the issuance of any grading or building
permits, the applicant shall demonstrate compliance with California's General Permit for
Storm Water Discharges Associated with Construction Activity by providing a copy of
the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a
copy of the subsequent notification of the issuance of a Waste Discharge Identification
(WDID) Number; or other proof of filing in a manner meeting the satisfaction of the
City Engineer. Projects subject to this requirement shall prepare and implement a Storm
Water Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept
at the project site and be available for City review on request. The applicant shall ensure
that the SWPPP is consistent with any City approved plan including the grading plan,
site plan, building plans, and water quality management plan. (Engineering, Water
Quality)
19.3. The applicant is directed to Chapter 13 Health and Sanitation, Article IV Cypress Water
Quality, Section 13 -23 (a) (9) regarding required submittal for a Water Quality
Management Plan (WQMP) to control urban runoff. This project has been classified as a
priority project under section XII New Development (Including Significant
Redevelopment) Order No. R8- 2009 -0030 of the Waste Discharge Requirements of the
California Regional Water Quality Control Board, Santa Ana Region for the cities within
County of Orange (NPDES Permit) available at
http: / /www.ocwatershed.com /Documents /R84thterm.pdf. Said WQMP shall include
best management practices for source control, pollution prevention, site design, and low
impact development as well as structural treatment controls among many factors. Site
design for controlling urban runoff must first evaluate infiltration, then harvest and water
re -use, then evapotranspiration and only bio- treatment if the other three are not feasible.
Submittal and subsequent approval of the Preliminary Water Quality Management Plan
does not guarantee approval of the Final Water Quality Management Plan. Should the
final calculations and submittals not meet the required thresholds necessary to meet the
obligations of the City under the NPDES Permit for development and its incorporated
documents such as the Drainage Area Management Plan and Technical Guidance
Document, alterations to the site and the site plan may be required as prescribed by the
Director of Community Development to the WQMP. The aforementioned documents are
available for download at http: // www.ocwatersheds.com /WQMP.aspx. Any significant
alteration to the site plan due to the Final WQMP may then require approval of the
Council of the revised site plan. Additionally, as required under the NPDES Permit,
attention is directed that the WQMP must identify a responsible party and implement
funding sources for maintaining any treatment controls as required as part of the
development and must ensure that appropriate easements and ownerships are properly
• Community Development Department • Planning Division •
251
Exhibit "A"
Conditional Use Permit No. 3034 /Tentative Tract Map No. 17917
Conditions of Approval
Page 13
recorded in public records and access is made available for inspection of said devices.
(Engineering, Water Quality)
19.4. Prior to issuance of certificate of occupancy, the applicant shall clean all on site storm
drain systems, catch basins, filters, storm drain lines, inlet boxes, etc. Additionally, upon
direction of the City Engineer, the applicant shall clean any public storm drain systems,
catch basins, filters, lines, inlet boxes that the City Engineer has determined have been
impacted by the applicant's construction. If clean -up is not performed, the City may
make arrangements to clean the system at developer's expense. (Engineering, Water
Quality)
19.5. Prior to the issuance of any grading or building permits, the applicant shall submit for
review and approval by the City Engineer, a Water Quality Management Plan (WQMP)
specifically identifying Best Management Practices (BMPs) that will be used onsite to
control predictable pollutant runoff. The applicant's WQMP shall be in conformance
with the Orange County Drainage Area Management Plan (DAMP), Model WQMP, and
Technical Guidance Manual for reference, and the City's WQMP template for submittal.
This WQMP shall include the following:
- Detailed site and project description
- Potential stormwater pollutants
- Post - development drainage characteristics
- Low Impact Development (LID) BMP selection and analysis
- Structural and Non - Structural source control BMPs
- Site design and drainage plan (BMP Exhibit)
- GIS coordinates for all LID and Treatment Control BMPs
- Operation and Maintenance (O &M) Plan that (1) describes the long -term operation
and maintenance requirements for BMPs identified in the BMP Exhibit; (2) identifies
the entity that will be responsible for long -term operation and maintenance of the
referenced BMPs; and (3) describes the mechanism for funding the long -term
operation and maintenance of the referenced BMPs.
The BMP Exhibit from the approved WQMP shall be included as a sheet in all plan sets
submitted for plan check and all BMPs shall be depicted on these plans. Grading and
building plans must be consistent with the approved BMP exhibit. (Engineering, Water
Quality)
19.6. Prior to the issuance of a certificate of occupancy, the applicant shall demonstrate
compliance with the City's NPDES Implementation Program in a manner meeting the
satisfaction of the City Engineer and Water Quality Manager, including:
Demonstrate that all structural Best Management Practices (BMPs) described
in the BMP Exhibit from the project's approved WQMP have been
implemented, constructed and installed in conformance with approved plans
and specifications
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252
Exhibit "A"
Conditional Use Permit No. 3034 /Tentative Tract Map No. 17917
Conditions of Approval
Page 14
Demonstrate that the applicant has complied with all non - structural BMPs
described in the project's WQMP
Submit for review and approval an Operations and Maintenance (O &M) Plan
for all structural BMPs (the O &M Plan shall become an attachment to the
WQMP)
Demonstrate that copies of the project's approved WQMP (with attached O &M
Plan) are available for each of the initial occupants
Agree to pay for an inspection (special investigation) from the City for a date
12 months after the issuance of a certificate of occupancy for the project to
verify compliance with the approved WQMP and O &M Plan
Demonstrate that the applicant has RECORDED one of the following:
•
•
•
The CC &R's (that must include the approved WQMP and O &M
Plan) for the project's Home Owner's Association;
A water quality implementation agreement that has the approved
WQMP and O &M Plan attached; or
The final approved Water Quality Management Plan (WQMP) and
Operations and Maintenance (O &M) Plan. (Engineering, Water
Quality)
19.7. Prior to the issuance of any grading or building permit, the applicant shall submit an
Erosion and Sediment Control Plan (ESCP) in a manner meeting approval of the City
Engineer and the Building Official, to demonstrate compliance with the City's NPDES
Implementation Program and State water quality regulations for grading and
construction activities. The ESCP shall identify how all construction materials, wastes,
grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc.
shall be properly covered, stored, and secured to prevent transport into local drainage
ways or coastal waters by wind, rain, tracking, tidal erosion or dispersion. The ESCP
shall also describe how the applicant will ensure that all BMPs will be maintained during
construction of any future public right -of -ways. The ESCP shall be updated as needed to
address the changing circumstances of the project site. A copy of the current ESCP shall
be kept at the project site and be available for City review on request by either the
Building or Engineering Division. The ESCP will be inspected by the Building Division.
(Engineering, Water Quality)
20. Building and Safety
20.1. Applicant/developer shall obtain the required permits and comply with applicable
provisions of the 2013 California Residential, Building, Plumbing, Electrical, and
Mechanical Codes, the 2013 California Green Building Standards Code, Title 24, and the
City of Cypress Codes. (Building & Safety)
20.2. 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
• Community Development Department • Planning Division •
253
Exhibit "A"
Conditional Use Permit No. 3034 /Tentative Tract Map No. 17917
Conditions of Approval
Page 15
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. (Building & Safety)
20.3. An automatic fire sprinkler system, approved by the Orange County Fire Authority, shall be
required. (Building & Safety)
20.4. Type 5 cement shall be used for all foundations and slabs on grade. (Building & Safety)
20.5. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. thick
moisture barrier. (Building & Safety)
20.6. A stamped 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. (Building & Safety)
20.7. 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. (Building & Safety)
20.8. Construction bins for non - recyclable and recyclable materials generated from any
construction site (residential and non - residential) must be placed "on site" out of the public
right -of -way unless a permit is obtained. (Building & Safety)
20.9. Prior to final certificate of occupancy, as required by California State Health and Safety
Code Section 19850, the applicant shall provide copies of the stamped approved plans and
any revisions on CD in PDF format to the City of Cypress Building Division to serve as the
official file copy of the approved building plans. (Building & Safety)
20.10.Building plans shall be stamped by a licensed engineer. (Building & Safety)
20.11.A pre - grading SWPPP's inspection is required prior to grading permit issuance. All
required grading stormwater BMPs shall be installed and inspected by the building
division prior to release of the grading permit. (Building & Safety)
21. Security
21.1. The landscaping and lighting plans for the project shall be subject to review by the
Cypress Police Department. (Police Department)
21.2. Illuminated address signs shall be installed next to each garage door for easy
identification by Police and Fire personnel. (Police Department.)
• Community Development Department • Planning Division •
254
Exhibit "A"
Conditional Use Permit No. 3034 /Tentative Tract Map No. 17917
Conditions of Approval
Page 16
21.3. The CC &R's shall contain a restriction prohibiting the parking of vehicles in front of
garages. Common areas not designated for guest parking shall be kept clear at all times.
(Police Department)
21.4. Security lighting shall be provided in the parking areas, public open space, and
driveways. Front door entrances to the individual units shall also be provided with light
fixtures. (Police Department)
22. Antennas N/A
23. Alcohol — On Sale N/A
24. Alcohol — Off Sale N/A
25. Fire
25.1. Prior to the issuance of a building permit, the applicant or responsible party shall submit
the plans listed below to the Orange County Fire Authority for review. (OCFA)
• Fire master plan (service code PR145)
• Architectural (service codes PR200- PR285)
• Underground piping for private hydrants and fire sprinkler systems (service codes
PR470- PR475)
• Fire sprinkler system (service codes PR400- PR465)
25.2. Prior to concealing interior construction, the applicant or responsible party shall submit
the plans listed below to the Orange County Fire Authority for review. (OCFA)
• Sprinkler monitoring system (service code PR500)
• Fire alarm system (service codes PR500- PR520)
25.3. 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. (OCFA)
Revised: 2 -22 -2016
SECTIONS
1. General
2. Planning
3. Architectural
4. Signage
5. Landscaping
6. Operational
7. Property Maintenance
8. Fees
• Community Development Department • Planning Division •
255
Exhibit "A"
Conditional Use Permit No. 3034 /Tentative Tract Map No. 17917
Conditions of Approval
9. Engineering
10. Landscaping in the Public Right -of -Way
11. Sewer and Wastewater
12. Street Trees
13. Street Lighting
14. Streets
15. Subdivisions
16. Traffic
17. Utilities
18. Drainage
19. Storm Water Quality
20. Building & Safety
21. Security
22. Antennas
23. Alcohol — On Sale
24. Alcohol — Off Sale
25. Fire
Page 17
• Community Development Department • Planning Division •