Resolution No. 387125
RESOLUTION NO. 3871
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 90 -27 - 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 construct a four (4) unit apartment building at 8712
Belmont Street located in the RM -20 Residential Multiple - Family /Farm Animal
Overlay 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 proposed project is consistent with the General Plan
designation of High Density Residential.
(2) The proposed project complies with all requirements of the
City of Cypress Zoning Ordinance for the RM -20 /FA Residential
Multiple - Family /Farm Animal Overlay Zone including density,
building setbacks, building heights, and parking spaces.
(3) The proposed project will not be detrimental to the public
health, safety or welfare since the design of the project provides
for adequate access and security features. Moreover, the developer
will be required to dedicate ten feet (10 ") of lot frontage for the
future widening of Belmont Street which will contribute to improved
traffic circulation.
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. 90 -27 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 January, 1991
MAYOR OF THE CI OF CYPRESS
ATTEST:
CITY CLERK 01
E CITY 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 14th day of January, 1991, by the following roll
call vote:
AYES: 5 COUNCIL MEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES:
0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
7 Li
CITY CLERK OF THE CITY OF CYPRESS
2
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 90 -27
CONDITIONS OF APPROVAL
2
1. The developer shall conform to all applicable provisions of the City
code.
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. A topographic map 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. 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 north, east, and south property lines. The said property line shall
have a single block wall only and the developer shall obtain, and submit
to the City, the written permission or denial of the adjacent property
owner(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 "). The block wall on the north property line shall be protected
from damage due to vehicular traffic to the satisfaction of the City
Engineer.
4. Wheelchair and handicapped access facilities shall be installed onsite
and offsite in accordance with State of California and City of Cypress
Public Works and Building Department standards.
5. Installation of Cable T.V. shall be subject to the City Ordinance No.
726. Prior to construction, the developer shall contact Copley /Coloney,
Inc. (Phone: (714) 826 -8680) for specifications and procedures for
prewire of the building and installation of the service wiring.
Necessary permits shall be obtained at the City.
6. The developer shall provide mailbox facilities for each residence to the
satisfaction of the Public Works Director, Planning Director, and
Postmaster.
Exhibit "A"
Conditional Use Permit No. 90 -27
Conditiprt* of Approval
L4UJ
Page 2
7. The carport floor shall be constructed of Portland Cement Concrete. The
carport area shall have security lighting to the satisfaction of the
Building Official.
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. Belmont Street shall be dedicated for an additional ten feet (10') of
public right -of -way and shall be fully improved with temporary A.C.
driveway, etc., in accordance with City standards. The east side of
Belmont Street shall have a total half street right -of -way width of
thirty feet (30').
The developer shall post a cash deposit with the City for the estimated
cost of future public improvements in front of this development; said
improvements shall include curb, gutter, pavement, driveway, sidewalk,
etc.
10. 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.
11. 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.
12. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
- Engineering Plan Checking and Inspection Fee (Per Resolution 2964).
- Drainage Fee for Master Drainage Plan (Per Resolution 2287).
- Sanitary Sewer Connection Fee (Per Orange County Sanitation District
No. 3, Resolution 303).
- Grading Plan Check and Permit (Per Resolution 2964 and 3662).
- All applicable Building Department Fees.
13. The driveway along the north property line and the trash /turnaround area
shall be properly posted and marked to prohibit parking at all times to
the satisfaction of the City Engineer.
14. 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.
Exhibit "A"
Conditional Use Permit No. 90 -27
Conditions of Approval
Page 3
29
15. 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 per City ordinance.
16. Prior to the issuance of any Certificates of Use and Occupancy, the
private street shall be red curbed and posted "No Parking - -Fire Lane" as
per 1988 Uniform Fire Code Section 10.207 in a manner meeting the
approval of the County Fire Chief.
17. Applicant /developer shall comply with applicable provisions of the 1988
Uniform Building, Plumbing and Mechanical Codes, 1987 National
Electrical Code, California Administrative Code, Title 24, and the
Cypress City Code.
18. An automatic fire sprinkler system, approved by the Fire Marshal, shall
be installed.
19. Type 5 cement shall be used for all foundations and slabs on grade.
20. All slabs on grade (including M -1 occupancies) shall receive a minimum
of a 10 mil. moisture barrier.
21. All applicable conditions of Conditional Use Permit No. 90 -27 shall be
complied with prior to occupancy of the subject building.
22. All requirements of the Orange County Fire Marshal's Office shall be
complied with prior to a Certificate of Occupancy being issued.
23. Utilities shall not be released until all conditions of approval have
been met to the satisfaction of the Planning Department.
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. The developer shall provide an adequate number of trash enclosures
onsite and at a location acceptable to City staff.
27. Parking for the handicapped shall be provided in accordance with State
requirements.
Exhibit "A"
Conditional Use Permit No. 90 -27
£Conditttps of Approval
Page 4
28. 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.
29. Unless otherwise specified, all required trees shall be a minimum 15-
gallon in size and of a variety approved by the Planning Director.
30. All landscaped areas adjacent to a street right -of -way shall contain a 3
to 1 berm.
31. Landscape irrigation pipes and sprinkler heads shall be maintained in
good working order so as to cover all landscaped areas.
32. 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.
33. 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.
34. 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.
35. 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.
36. A five foot (5') high wrought iron fence with a gate shall be installed
at the entrance to the apartments separating the apartments and
landscape area from the driveway and parking area.
37. For all apartment units, sliding glass doors leading out to the patios
shall be installed with security locks and outdoor lighting.
38. Security lighting shall be installed along the pedestrian walkway at the
entry of each unit and in the carports. A precise lighting plan shall
be reviewed and approved by the Police Department.
39. Should the applicant wish to convert the apartments to condominiums, a
separate conditional use permit will be required.
40. If possible, the carports shall be converted to garages subject to staff
Design Review.
Revised 12/11/90