Resolution No. 3901RESOLUTION NO 3901
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 91-2 - 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 fifteen (15) condominium units on a 79 acre site
located at 5409, 5411 5421 5431 5433 Camp Street in 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
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 fifteen (15) 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) 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 91 2, subject to the
conditions attached hereto as Exhibit A.
PASSED AND ADOPTED by the City Council of the
regular meeting held on the 25th day of February,, 199
ATTEST
/i
�� C
CITY CLERK THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
1
City of Cypress at a
MAYOR OF THE CIM OF CYPRESS
L_
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 25th day of February 1991 by the following
roll call vote'
AYES. 5 COUNCIL MEMBERS. Age, Kerry, Nicholson, Partin and Bowman
NOES. 0 COUNCIL MEMBERS None
ABSENT 0 COUNCIL MEMBERS. None
/1 "'4 /Y/
CITY CLERK OF H CIT OF CYPRESS
2
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 91-2 AND
TENTATIVE TRACT MAP NO. 14420
CONDITIONS OF APPROVAL
1 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. Tract Map No. 14420 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 A topographic map 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 onsite drainage
conveyed to the street shall be by means of an undersidewalk
drain. 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%)
3. A new storm drain main line to serve this development shall
be designed, dedicated to the City and installed in Camp
Street Said main line shall connect to the existing twenty-
seven inch (27") R.C.P main line in Walker Street or Watson
Street This proposed development shall provide for onsite
drainage by means of a storm drain system connecting to the
required new main line in Camp Street The pumping of onsite
storm water to either the new storm drain main line in Camp
Street or to the Camp Street gutter shall not be allowed.
4. A minimum six foot (6 ) high block wall, measured from the
highest adjacent finished grade, shall be constructed along
the east north and west property lines. Said property line
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
Exhibit "A"
Conditional Use Permit No. 91-2 and
Tentative Tract Map No. 14420
Conditions of Approval
Pag$ 1 r+
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
5 Wheelchair and handicapped access facilities shall be
installed onsite and offsite in accordance with State of
California and City of Cypress Public Works and Building
Department standards.
6 Installation of Cable T V shall be subject to
Ordinance No. 726 Prior to construction, the
shall contact Copley/Coloney Inc. (Phone• (714)
for specifications and procedures for prewire
building and installation of the service wiring.
permits shall be obtained at the City
7 The developer shall provide mailbox facilities
residence, to the satisfaction of the Public Works
Planning Director and Postmaster
the City
developer
826-8680)
of the
Necessary
for each
Director
8. 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
9 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
10. Camp Street shall be fully improved with driveway driveway
closures, new storm drain main line etc in accordance
with the City standards
11 All utility services shall be underground. Trenching and
backfill in streets shall be per City of Cypress Standard
No. 110.
12 Street trees (15 gallon) forty feet (40 ) on center shall be
installed in back of public sidewalk in conformance to the
street tree policy of the Public Works Department and shall
be incorporated with the on-site landscape plan. The type
of trees shall be as required by the City s street tree
ordinance. Landscaping in public right-of-way shall be
maintained by the developer
Exhit b A
Conditional Use Permit No. 91-2 and
Tentative Tract Map No. 14420
Conditions of Approval
Page 3
13. A sewer plan shall be submitted for approval by the City
Engineer Unused sewer laterals connecting existing
buildings at this property shall be plugged at the property
line.
14 FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
- Final Subdivision Map Filing
Fee (Per Resolution 2964)
- Engineering Plan Checking and
Resolution 2964)
Inspection Fee (Per
- Recreation and Parks Fee (Per Ordinance 769)
- Drainage Fee for Master Drainage Plan (Per Resolution
2287)
- Sanitary Sewer Connection Fee (Per Orange
Sanitation District No. 3, Resolution 303)
County
- Advanced Street Light Energy Fees (For Dne-year period)
- Grading
3662)
Plan Check and Permit (Per Resolution 2964 and
- Traffic Impact Mitigation Fee (Per Ordinance 778 and
current fee Resolution)
- All applicable Building Department Fees.
15 The developer 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 (g 2100 et seq. -
including but not by way of limitation gg 21152 and 21167)
City shall promptly notify the developer 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 developer shall not thereafter be
responsible to defend, indemnify or hold harmless the City
Exhibit "A"
Conditional Use Permit No. 91-2 and
Tentative Tract Map No. 14420
Conditions of Approval
Page144
16. Prior to the recordation of a final tract map, water
improvement plans shall be submitted to and approved by the
Fire Chief for adequate fire protection and financial
security posted for the installation. The adequacy and
reliability of water system design, location of valves, and
the distribution of fire hydrants will be evaluated and
approved by the Chief
17 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 and access roads
shall be in place and operational to meet required fire -flow
prior to commencing construction with combustible materials.
18. Prior to the issuance of any building permits, all
underground piping for automatic fire extinguishing systems
shall be approved. Plans for an automatic fire
extinguishing system shall be approved by the Fire Chief
prior to installation. Such systems shall be operational
prior to the issuance of a Certificate of Use and Occupancy
per City ordinance.
19 Prior to the issuance of
Occupancy the private street
'No Parking --Fire Lane as
Section 10.207 in a manner
County Fire Chief
20 Fire hydrant shall be located so that it is at least twenty
feet (20 ) from any structure, preferably at the main drive
area.
any Certificates of Use and
shall be red curbed and posted
per 1988 Uniform Fire Code
meeting the approval of the
21 Applicant/developer shall comply with applicable provisions
of the 1988 Uniform Building, Plumbing and Mechanical Codes,
1987 National Electrical Code California Administrative
Code Title 24, and the Cypress City Code
22 An automatic fire sprinkler system, approved by the Fire
Marshal, shall be installed.
23. Applicant/developer shall comply with all disclosure
requirements of the Orange County Fire Department for
hazardous materials use and/or storage and the South Coast
Air Quality Management District for exhaustion of air
contaminants
24 Type 5 cement shall be used for all foundations and slabs on
grade
25 All slabs on grade (including M-1 occupancies) shall receive
a minimum of a 10 mil moisture barrier
Exhijitr A
Conddtttlbnal Use Permit No. 91-2 and
Tentative Tract Map No. 14420
Conditions of Approval
Page 5
26. Applicant/developer shall use fire retardant wood shingles
for the roof
27 A soil investigation report shall be submitted with the
plans for plan check. Report shall include soil bearing
capacity seismic study grading, paving, sulfate test and
other pertinent information under good engineering practice
28. An acoustical report shall be submitted with the plans for
plan check. Report shall meet all the requirements of the
Uniform Building Code and Title 24 of the State
Administrative Code.
29 Screens or baffles shall be installed on the second (top)
floor windows to prevent view into adjacent properties
containing single-family homes. Screens shall be reviewed
and approved by the Planning Department prior to building
permits being issued. Should the adjacent property be
developed into multiple -family the screens may be removed
subject to Planning Department approval.
30 The applicant/developer shall comply with all provisions of
the City Code
31 All applicable conditions of Conditional Use Permit No. 91-
2 and Tentative Tract Map No. 14420 shall be complied with
prior to occupancy of the subject building.
32. All requirements of the Orange County Fire Marshal s Office
shall be complied with prior to a Certificate of Occupancy
being issued.
33. Utilities shall not be released until all conditions of
approval have been met to the satisfaction of the Planning
Department.
34. All requirements of the Orange County Fire Marshal s Office,
Orange County Health Department, and Cypress Building and
Safety Department shall be satisfied prior to commencement
of the business operation.
35 Any expansion or modification of the approved use beyond
what is approved as part of Conditional Use Permit No. 91-2
will require an amendment to the conditional use permit.
36 This conditional use permit may be modified or revoked by
the City Council should the Council determine that the
proposed use or conditions under which it is being operated
or maintained is detrimental to the public health, safety
or welfare, or materially injurious to properties or
improvements in the vicinity
Exhibit A
Conditional Use Permit No. 91-2 and
Tentative Tract Map No. 14420
Conditions of Approval
1 j'age 6
37 Architectural elevations and site plans shall be reviewed
and approved by the Planning Department prior to the
issuance of building permits.
38. 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
39 Onsite security lighting shall be arranged so that direct
rays will not shine on adjacent properties or produce glare
for street traffic
40 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.
41 The developer shall provide an adequate number of trash
enclosures onsite and at a location acceptable to City
staff
42. Compact parking space aisles shall be denoted as such on the
asphalt as 'Compact Only
43 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.
44. Unless otherwise specified, all required trees shall be a
minimum 15 -gallon in size and of a variety approved by the
Planning Director
45 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.
46 All landscaped areas adjacent to a street right-of-way shall
contain a 3 to 1 berm.
47 Landscape irrigation pipes and sprinkler heads shall be
maintained in good working order so as to cover all
landscaped areas
48. All product and material storage shall occur within the
building. Exterior storage 1s specifically prohibited.
Exhibit A
Conditional Use Permit No. 91-2 and
Tent4Q +%, Tract Map No. 14420
Conditions of Approval
Page 7
49 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.
50. 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.
51 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.
52 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.
53. Within forty-eight (48) hours of the approval of the
project, the applicant/developer shall deliver to the
Planning Department a check payable to the County Clerk in
the amount of One -Thousand -Two -Hundred -Seventy -Five Dollars
($1,275 00) which includes the One -Thousand -Two -Hundred -
Fifty Dollars ($1 250 00) fee required by Fish and Game Code
Section 711 4(d)(2) plus the Twenty -Five Dollar ($25 00)
County administrative fee, to enable the City to file the
Notice of Determination required under Public Resources Code
Section 21152 and 14 Cal. Code of Regulations 15075 If
within such forty-eight (48) hour period the
applicant/developer has not delivered to the Planning
Department the check required above, the approval for the
project granted herein shall be void.
54 The width of balconies/decks shall not exceed six feet (6 )
in width with one dimension.
55 Detailed drawings of the trash enclosures shall be reviewed
and approved by the Planning Department prior to issuance of
building permits.
56 The air conditioning units shall be installed on the ground
and shall be screened from surrounding properties. Location
and screening shall be approved by the Planning Department
prior to issuance of building permits.
57 Guest/open parking spaces shall have a five foot (5 )
landscaped area between the parking stall and the
fence/property line The parking stalls shall be maintained
at 9 feet by 20 feet with a 2-1/2 foot overhang for standard
Exhibit A
Conditional Use Permit No. 91-2 and
Tentative Tract Map No. 14420
Conditions of Approval
4age 8
and 8-1/2 feet by 15 feet with a one foot (1) overhang for
compact stalls. The parking layout shall be reviewed and
approved by the Planning Department prior to issuance of
building permits.
58. Exterior lighting shall be reviewed and approved by the
Planning Department prior to a building permit being issued.
Effective 2/11/91