Resolution No. 3682RESOLUTION NO. 3682
A RESOLUTION OF THE CITY COUNCIL,OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 89 -24 - 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 twelve (12) two and one -half (2 1/2) story
condominium units on a .51 acre site located at 5322 and 5332 Bishop in the
RM -20 Residential Multiple - Family Zone. Included in this request is a two
unit density bonus.
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 twelve (12) unit condominium project is
consistent with the City of Cypress Zoning Ordinance.
(2) The proposed project meets the requirements of the City
of Cypress Subdivision Ordinance and the Subdivision Map Act.
(3) The proposed project provides two density bonus units
designated exclusively as affordable to families of moderate
income. These units help to meet the City's polices for affordable
housing as established in the Housing Element to the General Plan.
(4) Subject to the Conditions of Approval, the project will
provide adequate drainage for the subterranean parking.
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. 89 -24, 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 22nd day of January 1990.
•
de
OF THE CITY OF CYP' SS
ATTEST:
CITY , RK OF (5/CITY.F CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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 22nd day of January 1990, by the
following roll call vote:
AYES: 5 COUNCIL MEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK THE CIJ F CYPRESS
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 89 -24
AND
TENTATIVE TRACT MAP NO. 14107
CONDITIONS OF APPROVAL
1. All requirements of the State Subdivision Map Act, and the
City's Subdivision Ordinance and Zoning Ordinance shall be
satisfied. A tract 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. In parking areas, A.C. shall have
a minimum slope gradient of two percent (2 %), and concrete
shall have a minimum slope gradient of two - tenths percent
(.2 %).
3. 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.
4. Installation of Cable T.V. shall be subject to City
Ordinance No. 726. Prior to construction, the developer
shall contact Copley /Colony, 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.
5. The developer shall provide mailbox facilities for each
residence, to the satisfaction of the Public Works Director,
Planning Director and Postmaster.
6. 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.
7. 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.
fl I£$hibit "A"
w 44nditional Use Permit No. 89 -24
Conditions of Approval
Page 2
8. Street trees (15 gallon) forty feet (40') on center shall be
installed in back of the 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 the public right -of -way shall be
maintained by the developer.
9. A sewer plan shall be submitted for approval by the City
Engineer. Unused sewer laterals connecting existing houses
at this property shall be plugged at the property line.
10. 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 Cypress Subdivision
Ordinance.
- Drainage fee for Master Drainage Plan, per Resolution
2287.
- Sanitary sewer connection fee, per Orange County
Sanitation District No. 3, Resolution 303.
- Grading permit fee, per Resolution 2964.
- All applicable Building Department fees.
11. All requirements of the Orange County Fire Marshal's Office
shall be complied with prior to a Certificate of Occupancy
being issued.
12. Utilities shall not be released until all conditions of
approval have been met to the satisfaction of the Planning
Department.
13. The developer shall enter into a written agreement with the
City Council outlining the terms of the Density Bonus Policy
prior to issuance of any building permits.
14. Architectural elevations and site plans shall be reviewed
and approved by the Planning Department prior to the
issuance of building permits.
15. 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.
Exhibit "A"
Conditional Use Permit No. 89 -24
Conditions of Approval
Page 3
16. 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.
17. The developer shall provide an adequate number of trash
enclosures onsite and at a location acceptable to City
staff.
18. 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.
19. Unless otherwise specified, all required trees shall be a
minimum 15- gallon in size and of a variety approved by the
Planning Director.
20. 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.
21. All landscaped areas adjacent to a street right -of -way shall
contain a 3 to 1 berm.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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 required fire -flow prior to
commencing construction with combustible materials.
���F,athibit "A"
nditional Use Permit No. 89 -24
Conditions of Approval
Page 4
27. Prior to the issuance of any building permits, plans for an
automatic fire extinguishing system shall be approved by the
Fire Chief. Such systems shall be operational prior to the
issuance of a certificate of use and occupancy.
28. 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 1985 Uniform Fire Code Section
10.207 in a manner meeting the approval of the County Fire
Chief.
(CM7 -28II)
29. 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 Tract Map shall be recorded
prior to issuance of Building Department Permits.
30. 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. 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 %).
31. A seven foot (7') high block wall, measured from the highest
adjacent finished grade, shall be constructed and /or
maintained along the east, south and west property lines.
The east and west 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 "). A six -inch (6 ") concrete
curb shall be constructed per City standards to protect all
block walls and structures exposed to vehicular traffic.
32. A copy of the conditions, covenants and restriction
(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. 89 -24
Conditions of Approval
Page 5
33. A gravity flow underground storm drain shall be engineered
to drain the below grade parking structure. The design for
this system shall be to the satisfaction of the City
Engineer.
The pumping of storm water from the on -site storm drain
system to.an existing storm drain shall not be allowed. The
pumping of on -site storm water into the gutter of any
surrounding street shall not be allowed.
34. Bishop Street shall be fully improved with curb, gutter,
driveway closure, sidewalk repair, driveway, etc., in
accordance with City standards.
35. The subdivider 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, any approval of the City, or any agency
thereof, advisory agency, appeal board, or legislative body,
concerning the subdivision, which action is brought within
the time period provided for in Section 66499.37 of the
Government Code of the State of California. City shall
promptly notify the subdivider 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, subdivider shall not thereafter be responsible to
defend, indemnify or hold harmless the City.
36. As a condition of Conditional Use Permit No. 89 -24 and the
Covenants, Conditions and Restrictions, both items shall
contain a condition prohibiting use of the den as a bedroom.
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