Resolution No. 6490288
RESOLUTION NO. 6490
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 3010
- 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 4.19.070 of the Zoning Ordinance of the City of Cypress to allow
a 188 square -foot expansion of an existing 762 square -foot second dwelling unit, which
would be larger than 640 square feet and would have two bedrooms, located at 4461
Crescent Avenue within the RS -6,000 Residential Single - 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 RS -6,000 Residential
Single- Family Zone in which the site is located, which is:
Intended to provide areas for single - family, urban residential
development on minimum lot sizes of six thousand (6,000) square
feet, at a maximum of five (5) dwelling units per acre.
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 expansion of the pre- existing second dwelling
unit would not increase the onsite density of five (5) dwelling units per acre,
which would be consistent with the goals and policies of the City of Cypress
General Plan for the Low Density Residential (zero to -5.0 du /ac) land use
designation in which it is located.
(2) There is sufficient infrastructure and public services to
accommodate the proposed expansion of the existing second dwelling unit
within the project vicinity.
(3) As conditioned, the proposed expansion of the existing second
dwelling unit would not result in any significant effects relating to traffic,
noise, air quality, or water quality.
(4) In accordance with the California Environmental Quality Act
(CEQA) Guidelines, the proposed expansion of the existing second dwelling
unit project would consist of an addition to an existing structure, which would
not result in an increase of more than 50 percent of the floor area of the
structure before the addition. Nor is the project located within an
environmentally sensitive area. Therefore, the proposed project would be
exempt from the provisions of CEQA pursuant to Section 15301 of said
Guidelines and a Categorical Exemption, Class 1, would be filed upon
approval.
(5) As conditioned, the proposed expansion of the existing second
dwelling unit would bring the property into compliance with current parking
standards, and would maintain the single - family residential character of the
surrounding neighborhood.
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c. The proposed conditional use will comply with each of the applicable
provisions of the Cypress Zoning Ordinance, except for the associated Variance
No. 3011.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Conditional Use Permit No. 3010, subject to the
conditions attached hereto as Exhibit "A ".
Any challenge to this Resolution, and the findings set forth therein, must be filed
within the 90 day statute of limitations set forth in Code of Civil procedure 1094.6.
PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular
meeting held on the 9th day of February, 2015.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR OF E CITY OF CYPRESS
I, DENISE BASHAM, 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 9th day of February, 2015, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Berry, Morales, Yarc and Johnson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Peat
/L. ALA
CITY CLERK OF THE CITY OF CYPRESS
290
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 3010 AND VARIANCE NO. 3011
4461 Crescent Avenue
(Expansion of Second Dwelling Unit)
CONDITIONS OF APPROVAL
Notes:
Bolded conditions represent those specific to this project.
Regular text denotes standard conditions of approval.
1. General Conditions
1.1. Unless and until the project applicant and property owner sign and return a City- provided
affidavit accepting these conditions of approval, there shall be no entitlement of the
application. The project applicant and property owner shall have fifteen (15) calendar days
to return the signed affidavit to the Community Development Department. Failure to do so
will render City Council action on the application void. (Planning)
1.2. The applicant 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 applicant of any claim, action, or proceeding
brought within this time period. (City Attorney)
1.3. The applicant's 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. (City
Attorney)
1.4. The applicant shall comply with all provisions of the Code of the City of Cypress.
(Planning)
1.5. All applicable conditions of the project shall be complied with prior to occupancy of the
subject building. (Planning)
• Community Development Department • Planning Division •
291
Exhibit "A"
Conditional Use Permit No. 3010 and Variance No. 3011
Conditions of Approval
Page 2
1.6. Any and all correction notice(s) generated through the plan check and/or inspection
process is /are hereby incorporated by reference as conditions of approval and shall be
fully complied with by the owner, applicant and all agents thereof. (Planning)
2. Planning
2.1. Any expansion or modification of the approved use beyond what is approved as part of this
Conditional Use Permit will require an amendment to the conditional use permit.
(Planning)
2.2. 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. (Planning)
2.3. The property owner shall occupy either the primary unit or the second dwelling unit.
2.4. The property owner shall record a covenant declaring that the owner of the primary
residence shall occupy one of the units, and prohibiting the rental of both units
simultaneously. The covenant shall expressly state that it is binding on all future
ownership of the property. Should the property owner fail to comply with the terms
of the covenant, in the City's discretion, the City may require the property owner to:
a. Remove the second dwelling unit; or
b. Retrofit the second dwelling unit by removing certain facilities (i.e. kitchen
or other facilities) or other modifications specified by the Director of
Community Development.
A copy of the recorded covenant shall be filed with the Community Development
Department prior to issuance of a certificate of occupancy for the second dwelling unit.
2.5. The second dwelling unit shall not be sold independently of the primary dwelling unit
on the parcel, nor shall the original parcel or original section thereof be subdivided.
2.6. The second dwelling unit shall not be on second meters for gas, electric, water service,
or any other utility.
2.7. The second dwelling unit shall comply with all applicable provisions of section
3.17.200, second dwelling units, of the Cypress Zoning Code.
3. Architectural
3.1. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits. (Planning)
3.2. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted. (Planning)
• Community Development Department • Planning Division •
292
Exhibit "A"
Conditional Use Permit No. 3010 and Variance No. 3011
Conditions of Approval
Page 3
3.3. On -site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic. (Planning)
3.4. During construction, the developer shall provide an adequate number of trash bins at a
location acceptable to City staff. Construction bins must be maintained onsite. Bin rental
shall be contracted through the City's disposal services contractor. (Planning)
4. Signage — N/A
5. Landscaping —N /A
6. Operational — N/A
7. Property Maintenance — N/A
8. Fees
8.1. As noted below, the applicant shall pay for the following fees per Resolution No. 6118,
except as otherwise noted below. (Engineering)
- Building Plan Check (Prior to Submittal of Plans) (B &S)
- Building Permit and Inspection (Prior to Permit Issuance) (B &S)
8.2. Within forty -eight (48) hours of the approval of this project, the applicant/developer shall
deliver to the Community Development Department a check payable to the County Clerk -
Recorder in the amount of Fifty Dollars ($50.00) County administrative fee, to enable
the City to file the Notice of Exemption pursuant to Fish and Game Code §711.4 and
California Code of Regulations, Title 14, section 753.5. If, within such forty -eight (48) hour
period, the applicant/developer has not delivered to the Community Development
Department the check required above, the approval for the project granted herein shall be
void. (Planning)
9. Engineering — N/A
10. Landscaping within the Public Right -of -Way — N/A
11. Sewer and Wastewater — N/A
12. Street Trees — N/A
13. Street Lighting — N/A
• Community Development Department • Planning Division •
293
Exhibit "A"
Conditional Use Permit No. 3010 and Variance No. 3011
Conditions of Approval
14. Streets
Page 4
14.1. Prior to issuance of certificate of occupancy, the applicant shall remove and replace any
existing public improvements at the development site which are damaged due to
construction, to the satisfaction of the Engineering Division Manager. (Engineering)
15. Subdivisions — N/A
16. Traffic — N/A
17. Utilities — N/A
18. Drainage — N/A
19. Storm Water Quality — National Pollutant Discharge Elimination System — N/A
20. Building and Safety
20.1. Applicant/developer shall obtain the required permits and comply with applicable
provisions of the 2013 California Residential, Building, Plumbing, Electrical, and
Mechanical Codes, the 2013 California Green Building Standards Code, Title 24, and the
City of Cypress Codes. (Building & Safety)
20.2. Grading and exterior building construction activities shall be limited to the hours of
between 7:00 a.m. and 8:00 p.m. Monday through Friday, between 9:00 a.m. and 8:00 p.m.
on Saturday, if the City's noise standards are exceeded. Interior building construction and
tenant improvements shall be limited to the hours between 7:00 a.m. and 8:00 p.m. Monday
through Saturday, only if the City's noise standards are exceeded. No construction activity
shall be allowed on Sundays or federal holidays. In addition, construction equipment shall
be equipped with effective muffling devices. Compliance with this measure is subject to
field inspection by City staff. (Building & Safety)
20.3. Type 5 cement shall be used for all foundations and slabs on grade. (Building & Safety)
20.4. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. thick
moisture barrier. (Building & Safety)
20.5 Prior to final certificate of occupancy, as required by California State Health and Safety
Code Section 19850, the applicant shall provide copies of the stamped approved plans and
any revisions on CD in PDF format to the City of Cypress Building Division to serve as the
official file copy of the approved building plans. (Building & Safety)
21. Security — N/A
• Community Development Department • Planning Division •
294
Exhibit "A"
Conditional Use Permit No. 3010 and Variance No. 3011
Conditions of Approval
22. Antennas — N/A
23. Alcohol — On Sale — N/A
24. Alcohol — Off Sale — N/A
25. Fire — N/A
Effective: 2 -9 -2015
SECTIONS
1. General
2. Planning
3. Architectural
4. Signage
5. Landscaping
6. Operational
7. Property Maintenance
8. Fees
9. Engineering
10. Landscaping in the Public Right -of -Way
10. Sewer and Wastewater
11. Street Trees
12. Street Lighting
13. Streets
14. Subdivisions
15. Traffic
16. Utilities
17. Drainage
18. Storm Water Quality
19. Building & Safety
20. Security
21. Antennas
22. Alcohol — On Sale
23. Alcohol — Off Sale
24. Fire
Page 5
• Community Development Department • Planning Division •