Resolution No. 3683TA)
RESOLUTION NO.3683
•
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING TENTATIVE TRACT MAP NO. 14107 - WITH CONDITIONS.
WHEREAS,' an application was made by Jim Webb to divide two
(2) parcels into one (1) parcel located at 5322 and 5332 Bishop
Street; and
WHEREAS, the City Council considered evidence presented by
the applicant, City staff and other interested parties at a
public meeting held with respect hereto.
NOW, THEREFORE, the City Council of the City of Cypress
DOES HEREBY RESOLVE as follows:
1. The proposed map is compatible with the objectives,
policies, general land uses and programs specified in the General
Plan of the City of Cypress in that:
a. The proposed tentative tract map is to allow
development of twelve (12) condominium residential units on
a .51 acre site in the RM -20 Residential Multiple - Family
Zone. This project is permitted and consistent with the
General Plan land Use designation of High Density- Multi-
family Residential (16 plus units per acre).
b. The proposed project is consistent with the
policies of the Housing Element to the General Plan,
including the provision of two density bonus units for
affordable housing to families of moderate income.
2. The design and improvement of the proposed subdivision
as designated on the tentative tract map and supplemented by the
conditions attached hereto as Exhibit to "A ", and incorporated
herein by reference, are compatible with the objectives,
policies, general land uses and programs specified in the General
Plan of the City of Cypress in that:
3. None of the findings set forth in Government Code
Section 66474 can be made.
4. The discharge of waste from the proposed subdivision
into the existing community sewer shall not result in a violation
of the existing requirements prescribed by the California
Regional Water Quality Control Board having jurisdiction over the
proposed subdivision pursuant to the provisions of Division 7 of
the California Water Code (Sections 13000 et seq.).
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City
Council of the City of Cypress does hereby approve Tentative
Tract Map No. 14107, subject to the conditions attached hereto as
Exhibit "A."
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Cypress on the 22nd day of January 1990.
ATTEST:
CITY CLERK
eg%v/ THE ,CITY OF CYPRESS
0
YO OF THE C TY OF WPRESS
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 MEMBER: Non
CITY CLERK 0 THE C Y OF CYPRESS
n r,
r.r l.,
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.
Exhibit "A"
Conditional 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.
r� Exhibit "A"
2 ( .,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.
Exhibit "A"
Conditional Use Permit No. 89 -24
Conditions of Approval
Page 4 27
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"
el9nditional Use Permit No. 89 -24
o ditions 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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