Resolution No. 4230RESOLUTION NO. 4230
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 93 -8 - WITH CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed for a conditional use permit in accordance with
the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to develop ten
(10) townhome condominiums located at 9402 Holder 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 complimentary 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 project is consistent with the purpose and intent of the
Cypress General Plan - High Density Residential land use designation.
(2) The project is consistent with the purpose and intent of the
RM -20 Residential Multiple - Family Zone.
(3) The project meets all minimum required development standards
including building setbacks, parking, and landscaping.
(4) Subject to the conditions of approval, the project will be
compatible with surrounding multiple - family residential uses.
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. 93 -8, 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 23rd day of August , 1993.
MAYOR OF THE CI YPRESS
1
ATTEST:
IT1/CLERK 'OF TH CITY OF CYPRESS
C F�
STATE OF CALIFORNIA
COUNTY OF ORANGE
SS
475
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 23rd day of August , 1993, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Nicholson, Partin
and Kerry
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLER F THE ITY OF CYPRESS
2
416
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 93 -8
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. Upon separate ownership of parcels, reciprocal easements shall be recorded and
agreements filed with the City governing joint use and maintenance of drive
approaches, drainage, onsite parking, irrigation system, etc.
3. 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. A
topography of the area surrounding this development shall be made to establish
existing drainage flow patterns. All onsite drainage conveyed to the street shall be
by means of an under - sidewalk drain. All lots shall have a slope gradient of one
percent (1 %) minimum in landscape areas. In parking areas, AC shall have a
minimum slope gradient of one and one -half percent (1.5 %) or as approved by the
City Engineer, and concrete shall have a minimum slope gradient of two- tenths
percent. (.2 %).
4. 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 grade differential
between the two properties shall not exceed two feet (2'). A six-inch (6 ") concrete
curb shall be constructed per City standards to protect all block walls and structures
exposed to vehicular traffic.
5. Wheelchair and handicapped access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Public Works Department
standards.
6. Installation of Cable T.V. shall be subject to the City Ordinance No. 726. Prior to
construction, the developer shall contact Copley /Colony, Inc. (Phone: [714] 826 -8680)
or Paragon Cable (Phone: [714] 898 - 3800), 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.
Exhibit "A"
Conditional Use Permit No. 93 -8
Conditions of Approval
Page 2
477
7. The developer shall provide mailbox facilities for each residence, to the satisfaction
of the Public Works Director, Planning Director, and Postmaster.
8. The existing fifteen foot (15') wide private easement for road and public utility
purposes shall be quitclaimed prior to approval of Final Tract Map No. 14495. A
copy of said recorded Quitclaim Deed shall be on file with the City of Cypress
Engineering Division prior to issuance of Building Department permits.
9. 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.
10. 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.
11. Holder Street shall be dedicated for an additional nine feet (9') of public right -of -way
and shall be fully improved with curb, gutter, sidewalk, driveway, street light, paving,
etc. in accordance with City standards. The east side of Holder Street shall have a
total half street right -of -way width of forty -two feet (42').
Said public improvements shall be constructed to join existing improvements to the
north and south of this development. A two foot (2') wide sidewalk easement shall
be granted to the City of Cypress at the southerly property line to provide a
transition to the existing public improvements.
12. 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 Holder Street. No
landscaping in excess of three feet (3') high will be allowed in the area of the curb
returns. Adequate sight distance also shall be maintained within the development
at all driveway intersections to the satisfaction of the City Engineer.
13. All utility services shall be underground. Trenching and backfill in streets shall be
per City of Cypress Standard No. 110. Arterials shall be crossed by boring only. In
City streets lateral open cuts spaced within twenty feet (20') of each other shall be
covered with a one inch (1 ") continuous A.C. cap.
14. 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.
City of Cypress
Exhibit "A"
4onditional Use Permit No. 93 -8
Conditions of Approval
Page 3
15. Street trees (15 gallon) fifty -two feet (52) on center shall be installed in back of
public sidewalk in conformance to the street tree policy of the Public Works
Department and shall be incorporated with the onsite landscape plan. The type of
trees shall be as required by the City's street tree ordinance. Landscaping in Public
Right -of -Way shall be maintained by the developer.
16. 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.
17. For Public Works landscaping areas, a landscape and irrigation plan shall be
submitted for approval by the City and a bond posted by the applicant to guarantee
against any defects in plant materials and workmanship. A soils report for all
planting areas, prepared by a qualified agricultural laboratory, shall be submitted to
the Public Works Department for approval at least thirty (30) days prior to planting
date. Test results shall include concentration of nitrogen, phosphorus, potassium, ph,
salinity, sodium status, and boron saturation extract.
18. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
Final Subdivision Map Filing Fee (Per Resolution No. 2964).
• Engineering Plan Check & Inspection Fee (Per Resolution 2964).
• Park and Recreation 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 308).
• Advanced Street Light Energy Fee (For one (1) year period).
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• All applicable Building Department fees.
City of Cypress
Exhibit "A"
Conditional Use Permit No. 93 -8
Conditions of Approval
Pag44r'�
19. 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 el stq. - 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. (TO BE INCLUDED IN CONDITIONS FOR ALL
TRACT AND PARCEL MAPS)
20. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Planning Department.
21. Any expansion or modification of the approved use beyond what is approved as part
of Conditional Use Permit No. 93 -8 will require an amendment to the conditional
use permit.
22. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to a Certificate of Occupancy being issued.
23. Wheelchair and handicap access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Building Department
Standards.
24. Architectural elevations and site plans shall be reviewed and approved by the
Planning Department prior to the issuance of building permits.
25. 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.
26. Balconies shall not exceed six feet (6') in width with one dimension.
27. The transformer boxes and water valves shall be placed in locations acceptable to the
Planning Director and shall be adequately screened from view with plant materials.
28. The developer shall provide an adequate number of trash bins onsite and at a
location acceptable to City staff.
City of Cypress
Exhibit "A"
Q°Conditional Use Permit No. 93 -8
` Conditions of Approval
Page 5
29. A detailed landscape and automatic irrigation plan shall be submitted to the Planning
Department for review and approval prior to issuance of Building Permits. In
addition, a bond shall be posted with the Public Works Department to guarantee
against defects in plant materials and workmanship.
The existing landscape buffer of Cypress leylandii trees shall be retained onsite for
screening purposes. A chain link fence shall be used to protect the trees during
grading and construction. Some limited pruning and removal may be necessary to
accommodate a reasonable landscape plan.
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.
30. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size
and of a variety approved by the Planning Director.
31. Landscape irrigation pipes and sprinkler heads shall be maintained in good working
order so as to cover all landscaped areas.
32. A comprehensive sign program for both building and freestanding monument signs
shall be submitted for Planning Department approval prior to any signing installation.
The developer shall not erect or display on the subject property any signs which have
not been approved in writing by the Planning Department.
33. Landscape irrigation pipes and sprinkler heads shall be maintained in good working
order so as to cover all landscaped areas.
34. 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.
35. 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.
36. 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 bins.
City of Cypress
Exhibit "A"
Conditional Use Permit No. 93 -8
Conditions of Approval
Page 6
4 9 1
37. 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.
38. 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. (FOR EXEMPTIONS)
39. 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.
40. 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.
41. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed.
42. Applicant /developer shall comply with all disclosure requirements of the Orange
County Fire Department for hazardous materials use and /or storage and the South
Coast Air Quality Management District for exhaustion of air contaminants.
43. Type 5 cement shall be used for all foundations and slabs on grade.
44. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
45. 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.
46. 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.
City of Cypress
Exhibit "A"
Conditional Use Permit No. 93 -8
4s, 2 Conditions of Approval
Page 7
47. The landscaping and irrigation plans must be included in original plan check
submittal.
48. 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 shall be in place and operational to meet
requirements and fire -flow prior to commencing combustible materials.
49. Prior to the issuance of any building permits, all underground piping for automatic
fire extinguishing systems shall be approved. 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 a Certificate of Use and
Occupancy.
50. The proposed security gate shall be permitted only if it can meet minimum Fire
Department, Engineering Division and Police Department Standards.
51. Parking for the handicapped shall be provided in accordance with State requirements.
Revised 8/9/93 City of Cypress