Resolution No. 4450 197
RESOLUTION NO. 4450
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 94-26 - 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 allow the
placement of a mobile home on the property located at 4861 Camp 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 in that urban uses, including residential, are
permitted in the LC Lincoln Avenue Combining Zone subject to a Conditional Use
Permit.
The purpose of the zone in which the site is located is:
Intended to provide appropriately located areas for establishments catering
primarily to highway travelers, visitors to the City or such businesses or
uses where direct access to major arterial highways is essential or
desirable for their operation. In addition, the LC Lincoln Avenue
Combining Zone overlay is intended to expand opportunities for the
development of identified deep lots by providing a means for the
establishment of a variety of urban 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) Conditions of approval have been imposed to
regulate and insure compliance with the City Code of the City of Cypress and
with requirements of other regulatory agencies issuing required permits.
(2) Sufficient parking will be provided onsite in accordance with the
provisions of the Cypress Zoning Code.
(3) The proposed use is consistent with the existing use of the property
and will be compatible with surrounding residential and commercial uses.
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. 94-26, 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 27th day of February , 1995.
AYOR OF THE CITY OF YPRESS
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198
ATTEST:
CIT CLERK OF THE x OF CYPRESS
STATE 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 27th day of February , 1995, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bowman, Jones, Kerry and Age
NOES: 1 COUNCIL MEMBERS: Carroll
ABSENT: o COUNCIL MEMBERS: None
4-Aee0d4,CITY CLERK OF THE Y OF CYPRESS
•
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199
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 94-26
CONDITIONS OF APPROVAL
ENGINEERING CONDITIONS
1. The developer shall conform to all applicable provisions of the Code of the City of
Cypress.
2. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan shall
be submitted for approval. All onsite drainage conveyed to the street shall be by means
of an under-sidewalk drain. 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. The developer shall provide mailbox facilities for each residence, to the satisfaction of
the Public Works Director, Planning Director, and Postmaster.
4. 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.
5. The quantity, location, width, and type of driveways shall be subject to the approval of
the City Engineer. No landscaping in excess of three feet (3') high 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.
6. All new utility services shall be underground.
7. 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.
8. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Engineering Plan Check & Inspection Fee (Per Resolution 2964).
• Park and Recreation Fee (Per Ordinance 769).
• Drainage Fee for Master Drainage Plan (Per Resolution 2287).
■ Community Development Department ■ Planning Division ■
200
Exhibit "A" Page 2
Conditional Use Permit No. 94-26
Conditions of Approval
• Traffic Impact Mitigation Fee (Per Ordinance 911 and current fee Resolution).
• Regional Traffic Improvement Fee (Per Resolution 4400).
• Sanitary Sewer Connection Fee (Per Orange County Sanitation District, No. 3,
Resolution 308).
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• All applicable Building Department fees.
9. 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 (§ 2100 et semc . - 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.
PLANNING CONDITIONS
10. The developers 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 thirty (30) day cancellation notice to
the City of Cypress.
■ Community Development Department • Planning Division ■
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Exhibit "A" Page 3
Conditional Use Permit No. 94-26
Conditions of Approval
11. All requirements of the Orange County Fire Marshal's Office and Cypress Building and
Safety Department shall be satisfied prior to occupancy of the mobile home.
12. All applicable conditions of Conditional Use Permit No. 94-26 shall be complied with
prior to release of utilities and occupancy of the mobile home.
13. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 94-26 will require an amendment to the conditional use
permit.
14. 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.
*15. 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 actual installation the mobile home. The mobile home shall be
compatible with the existing structure.
16. 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.
*17. The applicant shall remove the mobile home from the property within 180 days from the
time the property changes ownership and/or is no longer occupied by the present
property owner. The applicant shall post a bond to ensure compliance with this
condition.
*18. A minimum of two (2) covered parking spaces and one (1) uncovered space shall be
provided for the mobile home.
19. Within forty-eight(48)hours of the approval of this project, the applicant/developer shall
deliver to the Planning Department a check payable to the County Clerk in the amount
of Twenty-Five Dollars ($25.00) County administrative fee, to enable the City to file the
Notice of Exemption in accordance with Fish and Game Code Section 753.5, required
under Public Resources Code Section 21152 and Title 14 of the California Code of
Regulations. 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.
■ Community Development Department • Planning Division ■
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Exhibit "A" Page 4
Conditional Use Permit No. 94-26
Conditions of Approval
BUILDING CONDITIONS
20. Applicant/developer shall comply with applicable provisions of the 1991 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California
{ Code of Regulations, Title 24, and the Code of the City of Cypress.
21. An automatic fire sprinkler system, approved by the Fire Marshal, will be installed in
the mobile home.
22. 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.
23. Type 5 cement shall be used for all foundations and slabs on grade.
*24. The applicant shall provide foundation plans for the mobile home prepared by a licensed
civil engineer.
*25. The applicant shall secure all required State approvals prior to occupancy of the mobile
home.
*26. The City of Cypress may require, upon inspection of the mobile home, a copy of the
original "Certificate of Approval" by the State.
POLICE CONDITIONS
27. If an additional address is assigned to the property, the numbers must be visible from the
street.
28. Access to the mobile home from the street must be available for a response to the mobile
home by emergency personnel.
Revised 2/28/95
• Community Development Department • Planning Division ■