Resolution No. 4480 352
RESOLUTION NO. 4480
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 95-8 - 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 five (5)
detached condominium units located at 5602 Sprague 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:
Intended as an area for the development of medium density apartments,
condominiums, townhouses or other group dwellings with provisions for
adequate light, air, open space and landscaped area at maximum densities
of fifteen (15.0) 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 project is consistent with the Medium Density
Residential General Plan land use designation as well as the Goals and Policies
of the General Plan.
(2) The proposed project is compatible with and complementary to
surrounding multi-family residential development.
(3) The proposed project has no potential for adverse impact, either
individually or cumulatively, on wildlife because this site formerly was developed
with a residential use.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Conditional Use Permit No. 95-8, 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 8th day of May , 1995.
AYOR OF THE CITY OF YPRESS
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353
ATTEST:
AcYt
CITY CLERK OF THE C Y 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 8th day of May , 1995, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bowman, Carroll, Kerry and Age
NOES: 1 COUNCIL MEMBERS: Jones
ABSENT: 0 COUNCIL MEMBERS: None
CI Y CLERK i F TH ITY OF CYPRESS
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354
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 95-8
5602 SPRAGUE AVENUE
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
1. 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 (§ 21000 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.
2. 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.
3. All requirements of the Orange County Fire Marshal's Office shall be complied with prior
to a Certificate of Occupancy being issued.
4. All applicable conditions of Conditional Use Permit No. 95-8 shall be complied with prior
to occupancy of the subject building.
5. 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 Thirty-Eight Dollars ($38.00) County administrative fee, to enable the City to file the
Certificate of Fee Exemption in accordance with Fish and Game Code Section 711.4 with
the Notice of Determination 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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355
Exhibit "A" Page 2
Conditional Use Permit No. 95-8
Conditions of Approval
ENGINEERING CONDITIONS
9. The developer shall conform to all applicable provisions of the Code of the City of
Cypress. All requirements of the State Subdivision Map Act, and the City's Subdivision
Ordinance shall be satisfied. A Tract Map shall be recorded prior to issuance of Building
Department Permits.
10. Upon separate ownership of parcels, reciprocal easements shall be recorded and
agreements filed with the City governing joint use and maintenance of drive approaches,
drainage, onsite parking, irrigation system, etc.
11. 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 topography
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 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%).
12. Where an existing block wall is removed, the Developer shall provide suitable temporary
fencing for all adjacent properties during construction of the perimeter walls. A retaining
wall per City standards shall be constructed at the property line where the finish 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. Grade separation shall not exceed two feet (2') between two adjacent
properties.
13. The developer shall provide adequate "No Parking" controls within the development and
appropriate "No Parking - Fire Lane" signs shall be installed.
14. Wheelchair and handicapped access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Building and Public Works
Department standards.
15. Installation of Cable T.V. shall be subject to the City Ordinance No. 726. Prior to
construction, the developer shall contact Copley/Colony, Inc. (Phone: [714] 826-8680) or
Paragon Cable (Phone: [714] 898-3800), whichever is applicable to the area, for
specifications and procedures for prewire of the building and installation of the service
wiring. Necessary permits shall be obtained at the City.
Community Development Department • Planning Division
356
Exhibit "A" Page 3
Conditional Use Permit No. 95-8
Conditions of Approval
16. The developer shall provide mailbox facilities for each residence, to the satisfaction of the
Public Works Director, Planning Director, and Postmaster.
17. 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.
18. Sprague Street shall be fully improved with curb, gutter, sidewalk, driveway, paving, etc.,
in accordance with the City's Code requirement of Streets.
19. The quantity, location, width, and type of driveways 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. 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.
20. All utility services shall 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.C. cap.
21. Street lights on marbelite standards shall be installed per Southern California Edison
Company requirements. Street name signs and traffic signs shall be installed per City
Standards.
22. Street trees (15 gallon) fifty-two feet (52') 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.
23. 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.
24. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Final Subdivision Map Filing Fee (Per Resolution No. 2964).
• 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
357
Exhibit "A" Page 4
Conditional Use Permit No. 95-8
Conditions of Approval
• Traffic Impact Mitigation Fee (Per Ordinance 911 and current fee Resolution).
• Sanitary Sewer Connection Fee (Per Orange County Sanitation District, No. 3,
Resolution 308).
• Advanced Street Light Energy Fee (For one (1) year period).
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• All applicable Building Department fees.
PLANNING CONDITIONS
25. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Planning Department.
26. This conditional use permit may be modified 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.
27. Architectural elevations and site plans shall be reviewed and approved by the Planning
Department prior to the issuance of building permits.
28. 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.
29. Balconies shall not exceed six feet (6') in width with one dimension.
30. The applicant/developer shall provide an adequate number of trash/waste enclosures onsite
and placed within the garage of each unit except for trash days when they can be located
at the curb. [NOTE: Trash/waste enclosures shall be maintained onsite at all times.
Offsite encroachment of trash/waste enclosures(into the public right-of-way), is prohibited
unless formal approval is granted by the City Engineer and an Encroachment Permit
issued.]
31. 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.
32. Unless otherwise specified, all required trees shall be a minimum 15-gallon in size and
of a variety approved by the Planning Director.
Community Development Department • Planning Division
358
Exhibit "A" Page 5
Conditional Use Permit No. 95-8
Conditions of Approval
33. 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.
34. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
35. 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.
36. A masonry wall seven feet (7') in height from highest adjacent grade and including
landscaping at least five feet (5') in width shall be erected and maintained. A block wall
shall be constructed immediately after site grading. Applicant/developer shall
remove existing chain link fence on property adjacent to the east.
37. If the second story windows create a privacy problem for adjacent property owners,
measures shall be taken to resolve the problem which can be in the form by the limited
to modification of window size and location pursuant to Uniform Building Code and the
California Energy Commission Requirement. 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.
38. The turnaround area shall not be used for parking, shall be striped and a "No Parking"
sign shall be posted prior to certificate of occupancy.
BUILDING CONDITIONS
39. 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.
40. An automatic fire sprinkler system, approved by the Fire Marshal, may be required.
41. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
42. Applicant/developer shall use fire retardant wood shingles for the roof, if applicable.
43. 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.
Community Development Department • Planning Division
?C) — �' 359
Exhibit "A" Page 6
Conditional Use Permit No. 95-8
Conditions of Approval
44. Construction bins for non-recyclable and recyclable materials generated from any
construction site (residential and non-residential) must be placed "onsite out of the public
right-of-way. (Example: street side of curb is public right-of-way. Not allowed.)
FIRE CONDITIONS
45. Prior to the issuance of building permits, water improvement plans shall be submitted to
and approved by the Fire Chief to ensure adequate fire protection and financial security
posted for the installation. The water system design, location of valves, and the
distribution of fire hydrants will be evaluated and approved by the Chief.
46. Prior to the issuance of any building permits for combustible construction, a letter and
plan from the developer shall be submitted to and approved by the Fire Chief. This letter
and plan shall state that water for fire fighting purposes and an all weather fire access
road shall be in place before any combustible materials are placed on the site.
47. 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 the
Orange County Fire Department Standard. On private property, these markers are to be
maintained in good condition by the property owner.
48. Prior to the issuance of any building permits, plans for the automatic fire sprinkler system
shall be submitted to and approved by the Fire Chief prior to installation. This system
shall be operational prior to the issuance of a Certificate of Use and Occupancy.
49. Prior to the issuance of any grading permits, plans for all streets and courts, public or
private, shall be submitted to and approved by the Fire Chief. The plans shall include
sectional views, and indicate the width measured flow line to flow line. All proposed fire
apparatus turnarounds shall be clearly marked.
50. Prior to the issuance of any grading permit, street improvement plans with fire lanes
shown shall be submitted to and approved by the Fire Chief. Indicate the locations of red
curbing and signage. Provide a drawing of the proposed signage with the height, stroke
and color of lettering and the contrasting background color. The CC&R's shall contain
a fire lane map and provisions which prohibit parking in the fire lanes, a method of
enforcement shall be included.
51. Prior to the issuance of any building permits, construction details for any emergency
access gate shall be submitted to and approved by the Fire Chief. Contact the Orange
County Fire Department at (714) 744-6623 for a copy of the "Guidelines for Fire
Department Emergency Access."
Community Development Department • Planning Division
360
Exhibit "A" Page 7
Conditional Use Permit No. 95-8
Conditions of Approval
POLICE CONDITIONS
52. All addresses must be visible from the driveway/alleyway during daylight and nighttime
hours.
53. All exterior doorways (excluding slider doors) must have locking hardware designed to
be locked from the exterior and unlocked from the interior.
54. It is recommended that the driveways/alleyway be lighted during the hours of darkness
in order to provide both safety and security to the residents located at the south end of the
project.
55. The driveway/alleyway must be marked the entire length "NO PARKING AT
ANYTIME." This may be done through signage as well as curb markings.
ADDITIONAL CONDITIONS
56. Perimeter trees proposed to be planted must be approved by the Planning
Department and shall be of a species or in a location that will not encroach either
by limb or root, onto the adjacent property.
57. CC&R's are to include the following condition: Perimeter trees proposed to be
planted must be approved by the Planning Department and shall be of a species or
in a location that will not encroach either by limb or root, onto the adjacent
property.
Revised 05/10/95
Community Development Department • Planning Division