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Resolution No. 3972411. RESOLUTION NO 3972 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USF PERMIT NO 91 12 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 1/ 2 of the Zoning Ordinance of the City of Cypress to construct a ten (10) unit condominium project located at 9402 Holder Street in the Residential Multiple-Family/Civic Center Combining Zone (RM-20/CC) 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 tor 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 In addition the Civic Center Combining Zone is included to provide a zone designed to protect the public interest in certain major public developments and at the same time protect private interests in the peripheral area thereof by creating an environment compatible with the purpose of the public development 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 location of the conditional use is in accord with the objectives ot this resolution and the purpose of the zone in which the site is located in that the Residential Multiple- Family/Civic Center Lone permits the development ot multiple -family units as proposed in this project (2) The proposed location of the conditional use and conditions under which it would be operated or maintained will not be detrimental to the public health safety or welfare or materially injurious to properties or improvements in the vicinity because this project will comply with the development standards imposed as conditions of approval prior to finalization of the entire development (3) The proposed conditional use will comply with each of the applicable provisions of thi resolution as stated within the conditions ot approval The proposed Lund ltional use will comply with each of the applicable provi ions ut the Zoning Ordinance except for approved van am es 01 adjustment, IIUW THEREFORE BE IT FARTHER RESOLVED that the City Council of the City of Cypro doe hereby approve Conditional iso Permit No 91 12 ., u bject to the condition attached hereto a Exhibit A PASSED AND ADDP(ED by the City Council of the City of Ly press at a regular meeting held on the 26th day of August y}y'; MAYOR 0F WE 111* OF CYPKE ATTEST CITY CLERK OF few/ OF CYPRESS 3TATE 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 26th day of August 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 /�/O �/�(c/: un�J, CI �ERK F THEI21TP OF CYPRESS / EXHIBIT "A" CONDITIONAL USE PERMIT NO. 91-12 AND TENTATIVE TRACT MAP NO. 14495 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. 14495 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 All lots shall have a slope gradient of one percent (1%) minimum in landscape areas 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 This proposed development may provide for onsite drainage In the driveway area by means of a sump pump complete with a backup system and grease trap per City Engineer s approval Drainage from roofs onsite sidewalks and landscaping shall be conveyed to the street by means of underwalk drains No pumping or drainage of storm water shall be permitted over sidewalks or driveways. 4 A minimum six foot (6 ) high block wall measured from the highest adjacent finished grade shall be constructed or maintained along the north, east and south property lines The said property line shall have a single block wall only 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 off ite in accordance with State of California and City of Cypre•s Public Works and Building Department Standards Exhibit A Conditional Use Permit No 91 12 Conditions of Approval Page 2, 4 6 Installation of Cable T V shall be subject to the City Ordinance No. 726 Prior to construction the developer shall contact Copley/Coloney Inc (Phone (714) 826 8680) for specifications and procedures tor pcewire ot the building and installation ot the service wiring. Necessary permits shall be obtained at the City 7 The developer shall provide mailbox facilities for each residence to the satisfaction of the Public works Director Planning Director and Postmaster 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 The existing fifteen foot (15 ) wide private easement for road and public utility purposes shall be quitclaimed prior to approval of Final Tract Map No. 14495 A copy of said recorded Quitclaim Deed shall be on file with the City of Cypress Engineering Division prior to issuance of Building Department departments 10 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 11. Holder Street shall be dedicated for an additional nine feet (9 ) of public right-of-way and shall be fully improved with curb, gutter sidewalk, driveway street light paving, etc in accordance with City Standards The east side of Holder Street shall have a total half street right -of way width of forty two feet (42 ) Said public improvements shall be constructed to join existing improvements to the north and south of this development A two foot (2 ) wide sidewalk easement shall be granted to the City ot Cypress at the southerly property line to provide a transition to the existing public i iprove)ents 12 The quantify location, width, and type of driveways shall be subject to the approval ot the City Engineer An effective ight distance tor vehicular traffic shall be -aintained at the intersection of the driveway entrances ith Holder trees Nn landscaping in excess of three teet (t ) high Hill he allowed in the area of the curb returns Exhibit A Contlonal Use Permit No 91 12 Colicritions of Approval Page 3 13 All utility services ,hall 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.0 cap. 14 Street lights shall be installed per Southern California Edison Company and City Standards Traffic signs shall be installed per City Standards 15 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 onsite 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 16 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 17 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 Ordinance 769) Drainage Fee for Master Drainage Plan (Per Resolution 2287) Sanitary Sewer Connection Fee (Per Orange County Sanitation District No 3, Resolution 303) Advanced Street Light Energy Fees (E'or one-year period) Grading Plan Check and Permit (Per Resolution 2964 and 3662) All applicable Building Department Fees Exhibit A Cundilional Use Permit No 91 12 Condition: ot Approval Page 4 18 The developer shall defend, indemnity and hold harmle,.s the City and any agency theteof or any of its agents otfi eis and employees from any and all claims actions or proceeding: 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 (§ 2100 et seq. - including but not by way of limitation §§ 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 19 All applicable conditions of Conditional Use Permit No 91 12 and Tentative Tract Map No. 14495 shall be complied with prior to occupancy of the subject building. 20 All requirements of the Orange County Fire Marshal s Office shall be complied with prior to a Certificate of Occupancy being issued. 21 Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department 2? Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No 91 12 and Tentative Tract Map No. 14495 will require an amendment to the conditional use permit 23 Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to the issuance ot building permits 24 Interior elevation depicting entrance to den and storage area of den shall be approved by the Planning Director prior to the issuance of building permits 25 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 j FxHititt A Coridttional Use Permit No 91 12 Condition: of Approval Page 5 26 8alconie: ;hall nut exceed six feet (6 ) in width with one dimen: ion. 27 Air conditioning equipment in Multiple Family Residential Zones shall comply with Section 9 3 Performance Standards Residential Zones 28 Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic 29 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 30 The developer shall provide an adequate number of trash enclosures completely screened onsite and at a location acceptable to City staff 31 Parking for the handicapped shall be provided in accordance with State requirements 32 A minimum of three (3) 48' box trees shall be placed within the front setback landscaped area of a variety approved by the Planning Director 33 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. 34 Unless otherwise specified, all required trees shall be a minimum 15 -gallon in size and of a variety approved by the Planning Director 35 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. 36 All landscaped areas adjacent to a street right-of-way shall contain a 3 to 1 berm 37 Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas Exhibit A Gond]ti oral Use Permit N<, 91 12 Condition. of Approval Pager 6 n ..J 38 Security gate systems shall be equipped with a Knox box system providing access with a Knox submaster key tor emergency access by police and fire services The security gate system shall be approved in writing by the Cypress Police Department and Orange County Fire Department prior to issuance of building permits 39 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 40 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 41 Exterior building elevations shall be maintained in a safe appearance such that the buildings are free of broken, :pissing, or significantly cracked surface finished materials 42 If the second story windows create a privacy problem for adjacent property owners measures shall be taken to resolve the problem These mitigation measures shall be subject to Design Review and may consist of but not be limited to, requirements for additional perimeter landscaping and/or window coverings as determined appropriate by the Design Review Committee 43 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 44 An automatic fire sprinkler system, approved by the Fire Marshal shall be installed. 45 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 ($1 275 00) which includes the One Thousand -Two -Hundred Fifty Dollars (Si 250 00) fee required by Fish and Game Code pection 711 4(d)(2) plus the Twenty Five Dollar ($.5 00) County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Cc,de Jection 21152 and 14 Cal Code of Regulations 15075 It within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Depart.:ent the check required above the approval tor the project granted herein ,hall be void. Exhibit A Cgpditional Use Permit No 91 12 C ndition: of Approval Page 7 46 Applicant/deve]oper ;hall comply with all disclosure requirements of the Orange County Fire Department for hazardous material use and/or storage and the ,outh Coast Air Quality Management District for exhaustion of air contaminants 47 Applicant/developer shall comply with applicable provi ions of the 1988 Uniform Building, Plumbing and Mechanical Codes 1987 National Electrical Code California Administrative Code Title 24 and the Cypress City Code 48. An automatic fire sprinkler system, approved by the Fire Marshal shall be installed. 49 Type 5 cement shall be used for all foundations and slabs on grade 50 All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil moisture barrier 51 Applicant/developer shall use fire retardant wood shingles for the roof 52 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 53 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 54 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 55 Prim 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 arid access roads shall he in place and operational to meet required fire - flow prior to commencing construction with combustible material Exhibit A Conditional Use Permit No 91 12 Conditions of Approval Page, 8, r 56 Prior to the issuance of any building permit. all underground piping for automatic fire extinguishing systems shall be approved. Plans tor 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 Structures shall have automatic fire sprinkler systems 57 Prior to the issuance of any building permits construction detail_ for any controlled entry access shall be approved by the Fire Chief These details shall include width, clear height and means of emergency vehicle override Installation of controlled entry access will have an impact on emergency vehicle response times 58. Prior to the issuance of any Occupancy the private street posted 'No Parking- Fire Lane Code Section 10 207 in a manner County Fire Chief Certificates of Use and shall be red curbed and as per 1988 Uniform Fire meeting the approval of the 59 Prior to the issuance of any certificates of use and occupancy all fire hydrants shall have a Blue Reflective Pavement Marker indicating its location on the street or drive per Orange County Fire Department Standard. On private property these markers are to be maintained in good condition by the property owner