Resolution No. 23439343-1
RESOLUTION NO 2343
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS APPROVING CONDITIONAL USE PERMIT NO 80-25 -
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 commercial office condominiums to be
located at 5401-5481 Orange Avenue
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 primarily for the
development of professional and administrative offices
with setback, landscaping and architectural requirements
designed to make such uses relatively compatible with
residential uses
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 use complies with local zoning and the
designated land use for the subject property, but may
not be constructed until a successful agreement is
reached between the applicant and the City of Cypress
concerning acquisition of the necessary City owned
property
(2) The project will be developed so that all existing
landmark trees will be retained to enhance the office
condominium project
(3) Orange Avenue and Walker Street are presently improved
to their ultimate right of -way and contain adequate
capacity to accommodate future traffic generation from
this project
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 23rd day of February 1981
ATTEST
CITY' R
1'a • C I CX OF CYPRESS
(7/) 4M&4c.
MAYOR OF THE CIT OF CYPRESS
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STATE
;
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 23rd day of February 1981, by the following
roll call vote.
AYES 5 COUNCIL MEMBERS Coronado, Lacayo Mullen Rowan and Evans
NOES• 0 COUNCIL MEMBERS. None
ABSENT 0 COUNCIL MEMBERS: None
CITY 4� K F ;-‘4
E
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OF CYPRESS
EXHIBIT "A"
CONDITIONAL USE PERMIT NO 80-25
1 Precise elevations and a revised plot plan shall be submitted for City
Council review and approval prior to issuance of building permits
2 This use permit shall not become valid until a successful agreement is
reached between the private property owners and the City of Cypress
concerning disposition of its property which has been included within
Conditional Use Permit No 80-25
3 A tract map shall be reviewed and approved by the City Council and
recorded with the County of Orange consolidating the property into a
single lot air space condominium prior to issuance of City building
permits The tract map however may indicate building construction
phasing if so desired by the applicant
4 Conditional Use Permit No 80-25 shall not become effective until the
final zone change for this property takes effect
5 A six-foot (6') high decorative wall or fence,subject to the final
approval of the City Council, shall be constructed along the northerly
property line of this project Pedestrian access shall be provided
through the wall for residents within the future Planned Residential
Development
6 The two existing landmark trees on the subject property and all other
sizable trees shall be incorporated into the final landscape plan for
this project Removal of either landmark tree is specifically prohibited
7 A dedicated access easement shall be provided in favor of the Erskine
property to the west thereby guaranteeing future reciprocal access at
such time that the neighboring property is developed
8 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 shall be satisfied
9 Drainage shall be solved to the satisfaction of the City Engineer A
grading plan, in ink on mylar, signed by a registered engineer and using
actual grades from an Orange County surveyor's benchmark, shall be
submitted for approval A topograph 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 All on-site drainage conveyed to the street shall be by means
of an undersidewalk drain, per Orange County Standard 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%)
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10 A retaining wall per City Standards shall be constructed at the property
line 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
11 Parking lot structural sections shall be based on the recommendation and
soils report prepared by an engineering firm acceptable to the City
Engineer, with structural sections to be determined by using an applicable
T I (Traffic Index) 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
12 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 Orange Avenue and Walker 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
13 Orange Avenue and Walker Street shall be fully improved with curb gutter
sidewalk driveway aprons etc in accordance with the Master Plan of
Streets and Highways
14 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
15 Three (3) street lights shall be installed per City Standards Traffic
signs if necessary shall be installed per City Standards Necessary
fire hydrants shall be installed in accordance with Fire Department
requirements and City Standards
16 Street trees (15 gal ) forty feet (40') on center shall be installed
along Orange Avenue 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
17 Sewer laterals connecting existing houses at this property shall be
plugged at the property line
18 A landscape and irrigation plan shall be submitted for approval by the
City and a bond posted by the applicant to guarantee against any defects
in plant materials and workmanship A soils report for all planting
areas, by a qualified agricultural laboratory shall be submitted to the
Public Works Department for approval at least thirty (30) days prior to
planting date Test results shall include concentration of nitrogen
phosphorus, potassium, pH, salinity, sodium status, and boron saturation
extract
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19 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 Commercial developments which adjoin residentially
zoned areas shall construct noise bafflers and/or deflectors on all
mechanical equipment mounted outdoors to the satisfaction of the City
Staff
20 A copy of the conditions, covenants and restrictions (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
21 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
22 Fees Required for Improvements
(a) Final subdivision map filing fee
(b) Engineering plan checking and inspection fee
(c) Drainage fee for Master Drainage Plan
(d) Advanced street light energy charges shall be paid for a one year period
(e) Grading permit fee
(f) All applicable Building Department fees
23 All applicable conditions of approval shall be complied with prior to
Conditional Use Permit No 80-25 becoming effective
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