Resolution No. 387231
RESOLUTION NO. 3872
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 90 -28 - 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 a four (4) unit apartment building at 8761 Moody
Street in the RM -20 /FA 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. In addition, the Farm Animal Overlay
Zone (FA) provides regulations for the keeping of farm animals
that presently exist in specific residential areas for the
enjoyment of area residents and is clearly an accessory use to
the primary designated use of the land.
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 four (4) unit apartment project is consistent
with the Cypress General Plan designation of High Density
Residential.
(2) The proposed project satisfies all development standards
for the RM -20 Residential Multiple - Family Zone except for the
approved parking Variance No. 90 -20 to allow one parking space in
the front setback.
(3) The proposed project will not be detrimental to the public
health, safety, and welfare because required access and parking
will be provided onsite. In addition, the developer will be
dedicating twenty feet (20 ") of lot frontage for the future
widening of Moody Street.
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 -28 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 Y OF CYPRESS
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ATTEST:
CITY CvLERK OF HE CIT 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
CIT CLERK OF HE CITX OF CYPRESS
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EXHIBIT AN
CONDITIONAL USE PERMIT NO. 90 -28
AND
VARIANCE NO. 90 -20
CONDITIONS OF APPROVAL
L_ 33
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, west, and south property lines.
Property lines 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. The developer shall provide adequate "No Parking" controls
within the development and appropriate "No Parking Anytime"
signs shall be installed along the south side of the
driveway.
E.�hibit� "p"
Conditi4A61 Use Permit No. 90 -28
and Variance No. 90 -20
Conditions of Approval
Page 2
5. 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.
6. 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.
7. The developer shall provide mailbox facilities for each
residence, to the satisfaction of the Public Works Director,
Planning Director, and Postmaster.
8. The carport floor shall be constructed of Portland Cement
Concrete. The carport area shall have security lighting to
the satisfaction of the Building Official.
9. The trash enclosure shall be relocated fifteen feet (15') to
the north. The area between the trash enclosure and the
driveway shall be utilized for vehicle turnaround purposes
and shall be signed and marked "No Parking Anytime."
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. Moody Street shall be dedicated for an additional twenty
feet (20') in width and fully improved with temporary A.C.
drive approach, etc., in accordance with the City standards.
The west side of Moody Street shall have a right -of -way
width of fifty feet (50'). The developer shall post a cash
deposit with the City for the estimated cost of future
public improvements in front of this development including
curb, gutter, sidewalk, paving, street light, etc.
12. 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.
13. A sewer plan shall be submitted for approval by the City
Engineer. Unused sewer laterals connecting existing build-
ings at this property shall be plugged at the property line.
Exhibit "A"
Conditional Use Permit No. 90 -28
and Variance No. 90 -20
Conditions of Approval
14. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
Page 3
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- 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.
15. 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.
16. Type 5 cement shall be used for all foundations and slabs on
grade.
17. All slabs on grade (including M -1 occupancies) shall receive
a minimum of a 10 mil. moisture barrier.
18. Prior to the issuance of grading permits, the applicant
shall submit a soils investigation report to be prepared by
a soils engineer and approved by the City Engineer.
19. Prior to plan check submittal, the applicant shall submit an
acoustical report to be approved by the City Engineer.
20. 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.
An onsite fire hydrant may be required if so determined by
the Fire Chief.
21. An automatic fire sprinkler system shall be required. 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.
Exhibit "A"
CQnaitic a►1 Use Permit No. 90 -28
and Varf'atIce No. 90 -20
Conditions of Approval
Page 4
22 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.
23. 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.
24. All requirements of the Orange County Fire Marshal's Office
shall be complied with prior to a Certificate of Occupancy
being issued.
25. Utilities shall not be released until all conditions of
approval have been met to the satisfaction of the Planning
Department.
26. Prior to the issuance of building permits, the applicant
shall submit revised plans which include architectural
elevations showing the use of building accent materials;
e.g., wood, tile, brick, or stone. Additional color may be
used in combination with the building materials. These
plans shall be reviewed and approved by the Design Review
Committee.
27. Prior to the issuance of building permits, the applicant
shall submit a revised site plan showing two -car enclosed
garages. The garages shall match the exterior building
materials and roof line of the apartment building. These
plans shall be reviewed and approved by the Design Review
Committee.
28. Prior to the issuance of building permits, the applicant
shall submit revised plans showing a wrought iron pedestrian
gate to be installed on the south side of the apartment
building near the entrance to the units. These plans shall
be reviewed and approved by the Design Review Committee.
29. Prior to the issuance of building permits, the applicant
shall submit a security lighting plan including lighting for
the parking and pedestrian areas of the project. Plans
shall be reviewed and approved by the Design Review
Committee.
Exhibit "A"
Conditional Use Permit No. 90 -28
and Variance No. 90 -20
Conditions of Approval
Page 5
30. 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.
31. 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.
32. Unless otherwise specified, all required trees shall be a
minimum 15- gallon in size and of a variety approved by the
Planning Director.
33. 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.
34. The developer shall provide an adequate number of trash
enclosures onsite and at a location acceptable to City
staff.
35. The developer shall construct garages where carports are
indicated on the plan.
36. A maximum three and one -half foot (3 1/2') fence shall be
installed along the front property line of the project prior
to issuance of a Certificate of Occupancy.
Revised 12/11/90
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