Resolution No. 6647RESOLUTION NO. 6647
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 3104
- 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 4.19.070 of the Zoning Ordinance of the City of Cypress for the
conversion of four apartment units to condominium units on the property located at 8751-
8757 Moody Street within 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. At a Public Hearing held on September 25, 2017,
the City Council considered the staff report and all information, testimony, evidence, and
written comments presented during the public review period and at the public hearing.
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 intent of the RM -20
Residential Multiple - Family Zone in which the site is located, which is:
Intended to permit the development of apartments, condominiums,
townhouses, or other group dwellings with provisions for adequate
light, air, open space, and landscaped areas.
b. The proposed conversion will be consistent with the goals, policies,
and objectives of the City of Cypress General Plan, as updated in 2001.
c. 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 general welfare, or be materially injurious to properties or
improvements in the vicinity in that:
(1) Adequate onsite parking is provided for the proposed
conversion.
(2) Sufficient access is provided to the development site.
(3) The proposed conversion units will be compatible with the
surrounding residential developments.
d. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Conditional Use Permit No. 3104, subject to the
conditions attached hereto as Exhibit "A ".
Any challenge to this Resolution, and the findings set forth therein, must be filed
within the 90 day statute of limitations set forth in Code of Civil Procedure 1094 u.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 25th day of September, 2017.
MAYOR OF THE CITY OF CYPRESS
290
ATTEST:
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291
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
I, DENISE BASHAM, 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 25th day of September, 2017, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Yarc, Peat, and Morales
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Wit
CITY CLERK OF THE CITY OF CYPRESS
292
EXHIBIT "A"
Conditional Use Permit No. 3104 and
Tentative Parcel Map No. 2017 -132
8751 -8757 Moody Street
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
1. General Conditions
1.1. Unless and until the project applicant and property owner sign and
affidavit accepting these conditions of approval, there shall be
application. The project applicant and property owner shall have 15
the signed affidavit to the Community Development Department.
render City Council action on the application void. (Planning)
return a City- provided
no entitlement of the
calendar days to return
Failure to do so will
1.2. The applicant 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 (§ 21000 et seq. - including but not by way of limitation § 21152 and
21167). City shall promptly notify the applicant of any claim, action, or proceeding
brought within this time period. (City Attorney)
1.3. The applicant's contractor shall provide the City with a Certificate of Insurance on City
form evidencing a comprehensive liability insurance policy with a combined single limit of
not less than $500,000 each occurrence in connection with the work performed. Certificate
shall include the City, its Council, officers, members of boards or commissions and
employees as additional Named Insureds with respect to all claims, actions, damages,
liabilities and expenses, including attorney's fees, arising out of or in connection with the
work to be performed under the development executed by the Named Insured and City,
including any act or omission of employees, agents, subcontractors, or their employees.
Such certificate shall have a 30 day cancellation notice to the City of Cypress. (City
Attorney)
1.4. The applicant shall comply with all provisions of the Code of the City of Cypress.
(Planning)
2. Planning
2.1. The developer shall provide mailbox facilities for each residence, to the satisfaction of the
Director of Community Development and the Postmaster. (Planning)
• Community Development Department • Planning Division •
293
Exhibit "A"
Conditional Use Permit No. 3104 and Tentative Parcel Map No. 2017 -132
Conditions of Approval
Page 2
2.2. Two copies of the CC &R's covering the condominium development shall be submitted to
the City staff (prior to recordation) for internal review, recommendation, and approval to
assure the continuous maintenance applicability and enforceability of the CC &R's so that
the development will not become a liability to the City at a later date. The CC &R's shall
assign responsibility to the homeowners association for the maintenance of the common
area, including driveways, parking areas, and landscaping (including the public parkway
along Moody Street adjacent to the condominium project property). (Planning)
2.3. A copy of the Condominium Plan for this project shall be submitted to the City staff for
review and approval prior to recordation. (Planning)
2.4. The condominium development shall maintain individual trash cans for each unit on -site
(one for regular garbage and one for recyclables). The CC &R's for this condominium
development shall include provisions restricting the locations of the trash cans to the
interior of the garage or within a fenced private yard, except the evening prior to and the
day of trash pick -up service for the neighborhood. Individual trash cans shall be contracted
through the City's disposal services contractor. (Planning)
2.5. The CC &R's for the project shall include a section requiring that the garage parking spaces
shall be maintained open and available at all times for the parking of two vehicles.
(Planning)
2.6. Open parking spaces shall remain unassigned. Guest parking spaces shall not be used for
long -term parking. Restrictions for guest parking spaces shall be included in the CC &R's
for the project. (Planning)
2.7. The condominium conversions shall be in compliance with the requirements outlined in the
City's Plumbing and Electrical Codes. (Planning)
2.8. Each existing tenant of the project shall be given 180 days advance notification of the
intended termination of tenancy and offered the right to purchase this converted
multiple dwelling unit 90 days prior to the unit being offered for sale to the general
public. (Planning)
2.9. Each unit shall be plumbed and wired for laundry facilities or shall have access to
common laundry facilities within the project. (Planning)
2.10. Each unit shall be provided with approved smoke detectors. (Planning)
2.11. The applicant shall supply a written certification to the buyer of each unit on the
initial sale of the converted unit stating that every dishwasher, garbage disposal,
stove, refrigerator, hot water tank, and air conditioner included with the unit is in
working condition, and shall provide a one -year warranty covering major repairs on
all appliances and equipment. (Planning)
• Community Development Department • Planning Division •
294
Exhibit "A"
Conditional Use Permit No. 3104 and Tentative Parcel Map No. 2017 -132
Conditions of Approval
Page 3
2.12. Firewalls for residential condominiums shall meet existing Building Code standards
for the type of condominium proposed. (Planning)
3. Architectural
3.1. All ground mounted equipment shall be adequately screened from public view subject to
the approval of City staff. No roof mounted equipment such as heating and air conditioning
units shall be permitted. (Planning)
4. Signage N/A
5. Landscaping
5.1. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas. (Planning)
5.2. The home owners association shall maintain all onsite landscape in good condition.
(Planning)
6. Operational N/A
7. Property Maintenance
7.1. 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 graffiti which threatens the appearance. (Planning)
7.2. Driveway 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. (Planning)
7.3. 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. (Planning)
7.4. Exterior building elevations shall be maintained such that the buildings are free of broken,
missing or significantly cracked surface finished materials. (Planning)
7.5. The Homeowners Association shall maintain the site and all buildings, structures, walls,
etc. free from all graffiti. All graffiti shall be removed within 24 to 48 hours once notified
in writing by the City. (Planning)
• Community Development Department • Planning Division •
295
Exhibit "A"
Conditional Use Permit No. 3104 and Tentative Parcel Map No. 2017 -132
Conditions of Approval
8. Fees
Page 4
8.1. The applicant shall pay the following fee per Resolution No. 6182, as noted below.
(Engineering)
- Final Subdivision Map Check (Prior to submittal of Map)
8.2. Within 48 hours of the approval of this project, the applicant/developer shall deliver to the
Community Development Department a check payable to the County Clerk- Recorder in
the amount of $50.00 County administrative fee, to enable the City to file the Notice of
Exemption pursuant to Fish and Game Code §711.4 and California Code of Regulations,
Title 14, section 753.5. If, within such 48 hour period, the applicant/developer has not
delivered to the Community Development Department the check required above, the
approval for the project granted herein shall be void. (Planning)
9. Engineering N/A
10. Landscaping within the Public Right -of -Way N/A
11. Sewer and Wastewater N/A
12. Street Trees N/A
13. Streets N/A
14. Subdivisions N/A
15. Traffic N/A
16. Utilities N/A
17. Drainage N/A
18. Storm Water Quality — National Pollutant Discharge Elimination System N/A
19. Building and Safety
19.1. Applicant/developer shall obtain the required permits and comply with applicable
provisions of the 2016 California Residential, Building, Plumbing, Electrical, and
Mechanical Codes, the 2016 California Green Building Standards Code, Title 24, and the
City of Cypress Codes. (Building & Safety)
19.2. Provide proper fire separation between units per California Residential Code 302.2.
(Building & Safety)
• Community Development Department • Planning Division •
296
Exhibit "A"
Conditional Use Permit No. 3104 and Tentative Parcel Map No. 2017 -132
Conditions of Approval
20. Security N/A
21. Antennas N/A
22. Alcohol — On Sale N/A
23. Alcohol — Off Sale N/A
24. Fire N/A
Effective: 9 -25 -2017
SECTIONS
1. General
2. Planning
3. Architectural
4. Signage
5. Landscaping
6. Operational
7. Property Maintenance
8. Fees
9. Engineering
10. Landscaping in the Public Right -of -Way
11. Sewer and Wastewater
12. Street Trees
13. Street Lighting
14. Streets
15. Subdivisions
16. Traffic
17. Utilities
18. Drainage
19. Storm Water Quality
20. Building & Safety
21. Security
22. Antennas
23. Alcohol — On Sale
24. Alcohol — Off Sale
25. Fire
Page 5
• Community Development Department • Planning Division •