Resolution No. 4112RESOLUTION NO. 4112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 92-13 - WITH CONDITIONS.
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THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS,
RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed for a conditional use permit in accordance with
the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to construct
three (3) condominium units located at 8622 Belmont Street, in the RM -20 Residential
Multiple - Family Zone.
2. That the City Council, after proper notice thereof, duly held a public hearing
on said application as provided by law.
3. That the City Council hereby finds that:
a. The proposed location of the conditional use is in accord with the
objectives of the Zoning Ordinance and the purpose of the zone in which the site is
located is:
Intended as an area for the development of apartments, condominiums,
townhouses or other group dwellings with provisions for adequate light,
air, open space and landscaped area at maximum densities of twenty
(20.0)dwelling units per acre. Only those additional uses are permitted
that are e compl mentary to, and can exist in harmony with, such residential
developments
b. The proposed location of the conditional use and the conditions under
which it would be operated or maintained will not be detrimental to the public
health, safety or welfare or be materially injurious to properties or improvements in
the vicinity in that:
(1) The proposed condominium development is in accord with the
objectives of this resolution and the purpose of this zone in which the site is
located in that the residential multiple- family zone permits the development
of multiple - family units as proposed in this project.
(2) The proposed project will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in the
vicinity because this project will comply with the development standards
imposed as conditions of approval prior to finalization of the entire
development.
(3) The proposed conditional use permit will comply with each of the
applicable provisions of this resolution as stated within the conditions of
approval.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance except for approved variances or adjustments.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Conditional Use Permit No. 92 -13, subject to the
conditions attached hereto as Exhibit "A."
PASSED AND ADOP 1'ED by the City Council of the City of Cypress at a regular
meeting held on the 28th day of sep tember , 1992.
MAYOR OF THE CITY OF CYPRESS
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186
An EST:
CITY CLERK OF CI'PIi' OF CYPRESS
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE
I, DARRELL ESSEX, 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 28th day of September , 1992, by the following roll call vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCIL MEMBERS: Age, Bowman, Kerry, Nicholson
and Partin
COUNCIL MEMBERS: None
COUNCIL MEMBERS:
2
None
CITY CLE OF TbI'1 CITY OF CYPRESS
1F7
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 92-13 AND
TENTATIVE PARCEL MAP NO. 92-202
CONDITIONS OF APPROVAL
1. The developer shall conform to all applicable provisions of the City Code. All
requirements of the State Subdivision Map Act, and the City's Subdivision
Ordinance and Zoning Ordinance shall be satisfied. A Parcel Map shall be
recorded prior to issuance of Building Department 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. All
onsite drainage conveyed to the street shall be by means of an undersidewalk drain.
All lots shall have a slope gradient of one percent (1 %) minimum in landscape
areas. In parking areas, AC shall have a minimum slope gradient of one and one -
half percent (1.5 %) or as approved by the City Engineer, and concrete shall have a
minimum slope gradient of two - tenths percent (.2 %).
3. A minimum six foot (6') high block wall, measured from the highest adjacent
finished grade, shall be constructed and /or maintained along the south and east
property lines. The property lines shall have a sin &le block wall only and the
developer shall obtain, and submit to the City, the written permission or denial of
the adjacent property owner(s) for the removal of their existing block walls. 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 finished 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.
4. Installation of Cable T.V. shall be subject to the City Ordinance No. 726. Prior to
construction, the developer shall contact Paragon Cable (Phone: [714] 898 -3800)
for specifications and procedures for prewire of the building and installation of the
service wiring. Necessary permits shall be obtained at the City.
5. The developer shall provide mailbox facilities for each residence, to the satisfaction
of the Public Works Director, Planning Director, and Postmaster.
6. A Copy of the conditions, covenants, and restrictions (C,C &R's) covering the
development shall be submitted to the City staff and City attorney for their review,
recommendations, and approval to assure the continuance, maintenance,
applicability and enforceability of the C,C &R's so that the development will not
become a liability to the City at a later date.
Exhibit "A"
Conditional Use Permit No. 92 -13 and
ntative Parcel Map No. 92 -202
1 c Conditions of Approval
Page 2
7. 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.
8. Grace Street shall be dedicated and fully improved with curb, gutter, sidewalk,
driveway, paving, etc., in accordance with the City's Master Plan of Streets. Belmont
and Grace Streets shall have a total half street right -of -way width of twenty -three
feet (23'). Curb returns at the intersection of Belmont Street and Grace Street shall
have a radius of twenty feet (20').
9. 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 section to be determined by using an applicable T.I. (Traffic Index) but
shall be not less than 3" A.C. over 6" A.B. The City shall provide the soils report for
all arterial streets. The minimum flowline grade in streets shall be two - tenths
percent (0.20 %), and the minimum A.C. crossfall shall be two percent (2 %).
10. 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 Belmont Street and
Grace Avenue. No landscaping in excess of three feet (3') high will be allowed in
the area of the curb returns. Adequate sight distance also shall be maintained
within the development at all driveway intersections to the satisfaction of the City
Engineer.
11. All utility services shall be underground. Trenching and backfill in streets shall be
per City of Cypress Standard No. 110.
12. 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.
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.
14. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
Final Subdivision Map Filing Fee (Per Resolution 2964).
Engineering Plan Checking and Inspection Fee (Per Resolution 2964).
Recreation and Parks Fee (Per Ordinance 769).
Drainage Fee for Master Drainage Plan (Per Resolution 2287).
Sanitary Sewer Connection Fee (Per Orange County Sanitation District No. 3,
Resolution 303).
Advanced Street Light Energy Fees (For one -year period).
Grading Plan Check and Permit (Per Resolution 2964 and 3662).
All applicable Building Department Fees.
Exhibit "A"
Conditional Use Permit No. 92 -13 and
Tentative Parcel Map No. 92 -202
Conditions of Approval
Pagl p �)
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 (§ 2100 gt seq. - including but not by way
of limitation §§ 21152 and 21167). City shall promptly notify the developer of any
claim, action, or proceeding brought within this time period. City shall further
cooperate fully in the defense of the action and should the City fail to either
promptly notify or cooperate fully, developer shall not thereafter be responsible to
defend, indemnify, or hold harmless the City.
16. The applicant /developer shall comply with all provisions of the City Code.
17. All applicable conditions of Conditional Use Permit No. 92 -13 and Tentative Parcel
Map No. 92 -202 shall be complied with prior to occupancy of the subject building.
18. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to a Certificate of Occupancy being issued.
19. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Planning Department.
20. All requirements of the Orange County Fire Marshal's Office, Orange County
Health Department, and Cypress Building and Safety Department shall be satisfied
prior to commencement of the business operation.
21. 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.
22. Architectural elevations and site plans shall be reviewed and approved by the
Planning Department prior to the issuance of building permits.
23. 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.
24. The developer shall provide an adequate number of trash enclosures onsite and at a
location acceptable to City staff.
25. A detailed landscape and automatic irrigation plan shall be submitted to the
Planning Department for review and approval at least sixty (60) days prior to
issuance of a Certificate of Occupancy. In addition, a bond shall be posted with the
Public Works Department to guarantee against defects in plant materials and
workmanship.
26. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size
and of a variety approved by the Planning Director.
Exhibit "A"
Conditional Use Permit No. 92 -13 and
1 tntative Parcel Map No. 92 -202
Conditions of Approval
Page 4
27. A redwood landscape retainer, a minimum of two inches by six inches (2" x 6 ") in
size, shall be installed along all property lines where necessary to retain the
landscape planters until adjoining properties are developed.
28. All landscaped areas adjacent to a street right -of -way shall contain a 3 to 1 berm.
29. Landscape irrigation pipes and sprinkler heads shall be maintained in good working
order so as to cover all landscaped areas.
30. All walls, fences, and trash enclosures shall be maintained free of significant surface
cracks, dry rot, warping, missing panels or blocks which threaten the structure's
structural integrity or appearance.
31. 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.
32. 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.
33. 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.
34. Applicant /developer shall comply with applicable provisions of the 1991 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code,
California Administrative Code, Title 24, and the Cypress City Code.
35. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed.
36. Type 5 cement shall be used for all foundations and slabs on grade.
37. All slabs on grade_ (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
38. Applicant /developer shall use fire retardant shingles for the roof, if applicable.
39. A soil investigation report shall be submitted with the plans for plan check. Report
shall include soil bearing capacity, seismic study, grading, paving, sulfate test and
other pertinent information under good engineering practice.
40. The applicant developer shall submit a draft copy of the Conditions, Covenants, and
Restrictions (C, C &R's) covering the development prior to the issuance of building
permits.
Exhibit "A"
Conditional Use Permit No. 92 -13 and
Tentative Parcel Map No. 92 -202
Conditions of Approval
Page 4.S .
41. Prior to the issuance of any building permits for combustible construction, evidence
that a water supply for fire protection is available shall be submitted to and
approved by the Fire Chief. Fire hydrants and access roads shall be in place and
operational to meet required fire -flow prior to commencing construction with
combustible materials. Fire hydrants shall be shown on plans.
42. Prior to the issuance of any building permits, all underground piping for automatic
fire extinguishing systems shall be approved and installed. Plans for an automatic
fire extinguishing system shall be approved by the Fire Chief prior to installation.
Such systems shall be operational prior to the issuance of Certificate of Use and
Occupancy and noted on plans sheet A -1.
43. Prior to the issuance of any Certificates of Use and Occupancy, all fire hydrants
shall have a "Blue Reflective Pavement Marker" indicating its location on the street
or drive per Orange County Fire Department Standard. On private property, these
markers are to be maintained in good condition by the property owner.
44. Within forty -eight (48) hours of the approval of this project, the applicant /developer
shall deliver to the Planning Department a check payable to the County Clerk in the
amount of Twenty -Five Dollars ($25.00) County administrative fee, to enable the
City to file the Certificate of Fee Exemption in accordance with Fish and Game
Code Section 753.5 with the Notice of Determination required under Public
Resources Code Section 21152 and Title 14 of the California Code of Regulations.
If within such forty -eight (48) hour period the applicant /developer has not delivered
to the Planning Department the check required above, the approval for the project
granted herein shall be void.
Revised 9/14/92