Resolution No. 2214392
RESOLUTION NO 2214
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS APPROVING CONDITIONAL USE PERMIT NO 80-6
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 40 air space condominiums with associated
garages and amenities, and the subdivision of the property generally
located at 8881 Moody Street
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 that
This zone 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
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 adjacent arterial street upon dedication and
widening to its ultimate width will accommodate
the additional capacity projected for pedestrian
and vehicular traffic which will be generated by
this use
(2) The design of the condominium project and the
conditions of development attached thereto will
insure that the project is compatible with the
adjoining commercial shopping center to the
south and will not interfere with adjacent
residential properties in the County of Orange
Unincorporated Island to the north and west of
the subject property
(3)
The proposed high density residential land use
conforms with the long range objectives of the
City's Land Use Element of the General Plan
c The proposed conditional use will comply with each of the
applicable provisions of the Zoning Ordinance except for approved
variances or adjustments
4 The City Council DOES HEREBY GRANT said conditional use permit
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 24th day of March 1980
ATTEST
CITY C6RK F T E CI Y OF CYPRESS
F THE CITY OF CYPRESS
1
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 24th day of March, 1980 by the following
roll call vote
AYES 5 COUNCIL MEMBERS. Evans, Hudson, Lacayo, MacLain and Rowan
NOES 0 COUNCIL MEMBERS. None
ABSENT. 0 COUNCIL MEMBERS: None
CIT CLERK CL'Pi' OF CYPRESS
2 -
THE
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EXHIBIT "A"
CONDITIONAL USE PERMIT NO 80 6 AND TENTATIVE TRACT MAP NO 11034
aiU_ L 0-1
CONDITIONS FOR CONDITIONAL USE PERMIT NO 80-6
1 Final building elevations which indicate specific construction materials
and color schemes shall be submitted to the Planning Department for
review and approval prior to the issuance of building permits Specifi-
cally those condominium units visible from and fronting upon Moody Street
shall include additional wood trimming and contrasting colors to enhance
the aesthetics of the entire project
2 A landscape and irrigation plan incorporating specimen size trees and an
automatic irrigation system shall be submitted to the Planning Department
for review and approval prior to the landscape installation and occupancy
of any condominium units A bond shall be posted by the applicant for a
period of one year from the City's approval of the landscape installation
to guarantee against any defects in plant materials and installation of
the irrigation system which becomes the burden of the home owners associ-
ation A soils report for all planting areas shall be completed and
submitted to the Public Works Department at least thirty (30) days prior
to the landscaping planting date The test results shall include recom
mendations as to the necessary soil amendments to insure the healthiness
of the landscape materials
3 The developer shall comply with all construction requirements of the
Orange County Fire Marshal's Office which includes installation of fire
extinguishers and on-site private fire hydrants
4 Common party wall construction between adjoining condominiums shall con-
sist of two (2) one-hour fire wall construction which includes all common
walls whether floor, ceiling or vertical walls and floors above garage
spaces
5 The final roofing material shall be approved by City Staff and comply with
the fire retardant requirements for fire zone 2 in the multi -family
residential zone The Covenants Conditions and Restrictions for this
condominium project shall be reviewed and approved by City Staff and City
Attorney prior to their recordation The C,C $ R's shall specifically
dedicate responsibilities between the home owners association and private
property owners for the maintenance both interior and exterior of all
buildings, plumbing and electrical facilities The C,C $ R's shall also
specifically prohibit the storage of recreational vehicles within the
20 required open guest parking spaces
6 A development plan shall be submitted to City Staff detailing amenities
provided within the common recreation area i e swimming pool spas
restroom facilities, lanais
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7 A minimum six-inch (6") thick six-foot (6') high concrete block wall
measured from the highest adjacent grade shall be constructed along the
northerly southerly and westerly property lines of the condominium proj
ect Specific requirements for construction of the twenty -foot (20')
wide emergency crash gate shall be provided by the Orange County Fire
Marshal's Office to the applicant Additionally, the private patio areas
along the Moody Street frontage shall be fenced with decorative slump
stone block walls at whatever height the applicant so chooses Grape
stake or other forms of wood fencing will not be allowed along the Moody
Street frontage
8 The common trash container enclosures shall be constructed of a minimum
six foot (6') high concrete block wall with solid gates to block the view
of trash bins
9 All roof top mechanical equipment on the condominium buildings shall be
totally screened from the public's view along the Moody Street right of way
10 Drainage shall be solved to the satisfaction of the City Engineer A
grading plan signed by a registered engineer and using actual grades from
an Orange County benchmark shall be submitted for approval A topograph
of the area surrounding this development shall be made to establish exist-
ing 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 All on-site drainage conveyed to the
street shall be by means of an undersidewalk drain per Orange County
Standard All lots shall have a slope gradient of between one percent
(1%) and three percent (3%) from rear lot line to the street In parking
areas, AC shall have a minimum slope gradient of two percent (2%) and
concrete shall have a minimum slope gradient of two tenths percent ( 2%)
11 Retaining walls per City standards shall be constructed at property lines
where the grade difference is greater than twelve inches (12") A
six-inch (6") concrete curb per City standards shall be constructed at a
minimum distance of three feet (3') from the base of all block walls
exposed to vehicular traffic
12 The developer shall provide adequate 'no parking' controls within the
development to the satisfaction of the City Engineer "No Parking"
controls shall be included in the conditions, covenants and restrictions
of this development In addition, the developer shall cooperate with the
City and take all steps necessary to permit the City to enforce the pro-
visions of the California Vehicle Code along the private streets as provided
by Section 21107 7 of the California Vehicle Code
13 Developer and all subcontractors shall provide the City with a Certificate
of Insurance evidencing a comprehensive liability insurance policy(s)
with a combined single limit of not less than $500 000 each occurrence in
connection with the work performed Certificate shall include the City as
additional insured Policy shall include the City, its Council, officers,
members of boards or commissions and employees are hereby declared to be
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
thirty (30) day cancellation notice to the City of Cypress
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14 "No Parking - Fire Lane" signs shall be installed along interior streets
per California Vehicle Code No 22658, to the satisfaction of the City
Engineer, Building Department Superintendent and County Fire Marshal
The developer of this project shall provide adequate speed control within
the development to the satisfaction of the City Engineer Parking lot
circulation shall be subject to the approval of the City Engineer
15 Wheelchair and handicap access facilities shall be installed on site and
off-site in accordance with State of California and City of Cypress Build
ing Department standards
16 On-site security lighting shall be arranged so that direct rays will not
shine on adjacent properties or produce glare for street traffic All
roof mounted equipment, such as heating and air conditioning units shall
be adequately screened from public view, subject to the approval of the
City Staff
17 The developer shall provide mailbox facilities for each residence to
the satisfaction of the Public Works Director, Planning Director, and
Postmaster
18 Moody Street shall be dedicated and fully improved with curb gutter
sidewalk, driveway, paving etc , in accordance with the Master Plan of
Streets and Highways Moody Street shall have a total right of -way width
of one hundred feet (100')
19 Street structural sections shall be based on the recommendation and soils
report prepared by an engineering firm acceptable to the City Engineer,
with street structural sections to be determined by using an applicable
T I (Traffic Index) The minimum flowline grade in streets shall be
0 20% All existing public improvements at the development site which
are damaged cracked or otherwise below standard shall be removed and
replaced to the satisfaction of the City Engineer
20 The quantity, location width and the type of driveway shall be subject
to the approval of the City Engineer An effective sight distance for
vehicular traffic shall be maintained at the intersection of the driveway
entrances with Moody Street No landscaping will be allowed in the area
of the curb returns Adequate sight distance also shall be maintained
within the development at all driveway intersections to the satisfaction
of the City Engineer
21 All secondary and primary utility services shall be underground The
street in front of this development shall be resurfaced with one inch
(1") minimum thickness concrete cap from curb to curb if it is necessary
to open cut the street in more than one place Any open cut shall be
backfilled per City of Cypress Standard No 110
22 Street lights and traffic signs shall be installed per City Standards
23 Street trees (15 gal ) forty feet (40') on center shall be installed
along streets in conformance to the street tree policy of the Public
Works Department The type of trees shall be as required under the
Townscape and Urban Design element of the General Plan
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24 A master plan of sewers shall be submitted for approval by the City
Engineer with plan check and inspection by the City's Engineering
Division, subject to plan checking and inspection fees Sewer Laterals
connecting existing houses at this property shall be plugged at the
property line
FEES REQUIRED FOR IMPROVEMENTS
Final subdivision map filing fee (per Resolution No 1713)
Engineering plan checking and inspection fee (per Resolution 1713)
Recreation and Parks fee (per Cypress Subdivision Ordinance)
Drainage fee for Master Drainage Plan (per Resolution 1713)
Sanitary sewer connection fee (per Orange County Sanitation District,
No 3, Resolution No 303)
Developer s Tax ($50 00 per unit)
Advanced street light energy charges shall be paid (for a one-year
period)
All applicable Building Department fees