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Resolution No. 6178 148 RESOLUTION NO. 6178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 2010-01 — WITH CONDITIONS. WHEREAS, 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 for the construction of thirteen (13) condominium units on the properties located at 8722 and 8732 Belmont Street, within the RM-20 Residential Multiple-Family Zone; and WHEREAS, the City Council, after proper notice thereof, duly held a public hearing on said application as provided by law. At the public hearing held on February 8, 2010, the City Council considered the staff report and all information, testimony, evidence and written comments presented during the public review periods and at the public hearings. NOW, THEREFORE, the CITY COUNCIL of the CITY of CYPRESS, CALIFORNIA, does hereby FIND, RESOLVE, DETERMINE, and ORDER, based upon substantial evidence taken from the administrative record and at the public hearing, AS FOLLOWS: a. The proposed location of the Conditional Use is in accord with the objectives of the Zoning Ordinance and the purpose and intent of the RM-20 Residential Multiple-Family Zone in which the site is located, which is: "Intended to provide areas for the development of apartments, condominiums, townhouses, or other group dwellings with provisions for adequate air, landscaped areas, light, and open space with a maximum density of twenty (20) dwelling units per gross 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 condominium development project, as proposed, would be consistent with the goals and policies of the City of Cypress General Plan for the High Density Residential (15.1-20.0 du/ac) land use designation in which it is located. (2) There is sufficient infrastructure and public services to accommodate the proposed residential development within the project vicinity. (3) As conditioned, the proposed condominium development project 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 condominium development project would consist of an in-fill development on a project site which: contains less than five (5) acres; is substantially surrounded by urban uses; contains no habitat for endangered or rare species; and meets the criteria listed in items 3.b.1-4 in this resolution. Therefore, the proposed project would be exempt from the provisions of CEQA pursuant to Section 15332 of said Guidelines and a Categorical Exemption, Class 32, would be filed upon approval. 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. 2010-01, subject to the conditions attached hereto as Exhibit "A". 149 PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 8th day of February, 2010. I cv∎ovi MAYOR OF THE CITY OF CYPRESS ATTEST: ifiat-bOL /6(a24,4241 CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 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 8th day of February, 2010, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey, and Narain NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE CITY OF CYPRESS 150 EXHIBIT "A" CONDITIONAL USE PERMIT NO.2010-01 AND TENTATIVE TRACT MAP NO. 17334 8722 and 8732 Belmont Street CONDITIONS OF APPROVAL Note: Regular text denotes standard conditions of approval. "- . Bolded conditions represent those specific to this project. GENERAL CONDITIONS 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. 2. 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 se q. - 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. 3. The developer'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. 4. The applicant/developer shall comply with all provisions of the Code of the City of Cypress. 5. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued. 6. All applicable conditions of Conditional Use Permit No. 2010-01 and Tentative Tract Map No. 17334 shall be complied with prior to occupancy of the subject buildings. • Community Development Department •Planning Division • 151 Exhibit "A" Page 2 Conditional Use Permit No. 2010-01 and Tentative Tract Map No. 17334 Conditions of Approval 7. 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. 8. 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. ENGINEERING CONDITIONS 9. 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. A copy of the recorded Tract Map shall be submitted to the Engineering Division prior to the issuance of the first building permit. 10. 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 on-site drainage conveyed to the street shall be by means of an under-sidewalk drain. On-site landscape areas 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%). 11. 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. A single block wall (minimum six feet(6')in height and measured from the side with the highest grade) shall be provided along the north and east property lines. In the event an adjacent property owner does not grant permission to remove an existing fence or wall, the developer shall obtain and submit to the City, a written denial of the adjacent property owner, or other evidence that demonstrates that the developer used best efforts but was unable to obtain the adjacent owners consent to remove the existing wall. If a new wall is to be constructed adjacent to an existing block wall, a maximum separation of one inch (1") shall occur between the existing and the newly constructed wall. The one inch (1") • Community Development Department •Planning Division • 152 Exhibit"A" Page 3 Conditional Use Permit No. 2010-01 and Tentative Tract Map No. 17334 Conditions of Approval separation shall be filled with foam or similar sealing material subject to approval by the City. Vertical grade separation shall not exceed two feet (2') between two adjacent properties. 12. The developer shall provide adequate "No Parking" controls within the development and appropriate "No Parking - Fire Lane" signs shall be installed as required per the California Vehicle Code Section 22658, to the satisfaction of the Building Official and County Fire Marshal. 13. Disabled access facilities shall be installed in accordance with the requirements of the Federal Americans with Disabilities Act(ADA) and State of California Title 24. 14. Installation of Cable T.V. shall be subject to the City Ordinance No. 726. Prior to construction, the developer shall contact Time Warner (Phone: [888] 892-2253) for specifications and procedures for pre-wire of the building and installation of the service wiring. Necessary permits shall be obtained at the City. 15. 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. 16. Merten Avenue and Belmont Street shall be fully improved with drive closure, drive approach, street lights, etc., in accordance with the City's Code requirement of Streets. 17. 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 with Merten Avenue. 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. 18. All utility services shall be underground. Trenching and backfill in streets shall be per City of Cypress Standard No. 109. 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. 19. Street trees (24 inch box) shall be installed in conformance with Sections 27.19 and 25.29.E of Municipal Code. The number of trees shall be determined by dividing the frontage of property, including driveways, by 40 and rounding up. Trees shall be evenly spaced with a minimum 50 feet from street tree to street corner curb line. Type of trees shall conform to the City's Street Tree Master Plan. With prior approval of City Engineer, street trees may be replaced by trees planted in conjunction with an approved on-site landscape plan. Landscaping in Public Right-of-Way shall be installed and maintained by the developer. • Community Development Department • Planning Division • 153 Exhibit"A" Page 4 Conditional Use Permit No. 2010-01 and Tentative Tract Map No. 17334 Conditions of Approval 20. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer laterals connected to existing buildings at the property shall be plugged at the property line. 21. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: • Final Subdivision Map Check. • Public Improvement Plan Check. • Public Improvement Permit and Inspection. • Grading/On-Site (Non-Structural)Plan Check. • Grading Permit and Inspection. • Park and Recreation. • Drainage Fee for Master Drainage Plan. • City-wide Traffic Improvement. • Regional Traffic Improvement. • Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD-09). 22. All Public Improvements shall be per City of Cypress Standard Plans. All Grading plans, Street improvement plans, Sewer and Storm Drain plans shall be in ink on 24" x 36" Mylar with City title block on all sheets. 23. The applicant/developer shall agree to reimburse the City of Cypress for the costs of installing any offsite traffic control devices recommended by the Cypress Traffic Commission. STORMWATER QUALITY 24. Developer/Property owner shall submit a Water Quality Management Plan (WQMP), which identifies construction and post construction Best Management Practices (BMP's), to the Engineering Division for review and approval. The project shall also incorporate measures as specified in the County of Orange Drainage Area Management Plan (DAMP) to help control runoff. Examples of BMP's and control measures are included in the California Storm Water Best Management Practices Handbook, Industrial/Commercial and Construction Activity, the County of Orange Drainage Area Management Plan, and Cypress Local Implementation Plan. 25. Prior to issuance of permits, a certified copy of the final WQMP, along with the approved grading plan, and all other supporting documentation, shall be submitted in electronic format on a CD. • Community Development Department •Planning Division • • 154 Exhibit"A" Page 5 Conditional Use Permit No. 2010-01 and Tentative Tract Map No. 17334 Conditions of Approval 26. Prior to issuance of Certificate of Occupancy, Developer shall clean the storm drain system, catch basins, filters, storm drain lines, inlet boxes, etc. If clean-up is not performed, the City may make arrangements to clean the system at developer's expense. COMMUNITY DEVELOPMENT CONDITIONS 27. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Community Development Department. 28. Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 2010-01 will require an amendment to the conditional use permit. 29. The developer shall provide mailbox facilities for each residence, to the satisfaction of the Public Works Director,Director of Community Development, and Postmaster. 30. 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. 31. Architectural elevations and site plans shall be reviewed and approved by the Community Development Department prior to the issuance of building permits. 32. 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. 33. On-site security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 34. No roof mounted equipment, such as heating and air conditioning units, shall be permitted. The placement of air conditioning and heating units shall comply with the City's requirements for installation of mechanical equipment. The final location of the mechanical equipment shall be shown on the site plan and approved by the Community Development Department prior to the issuance of building permits. 35. Prior to the submittal of the Master Fire Plan, the applicant/developer shall obtain approval of the location of the Fire Department double-check valve from the Cypress Planning Division. 36. A detailed landscape and automatic irrigation plan shall be submitted to the Community Development 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 • Community Development Department •Planning Division • 155 Exhibit "A" Page 6 Conditional Use Permit No. 2010-01 and Tentative Tract Map No. 17334 Conditions of Approval Department to guarantee against defects in plant materials and workmanship for a period of one (1) year from acceptance of the landscape installation. All required landscaping shall be permanently maintained in a neat and orderly condition. 37. The landscape and irrigation plans shall comply with the City's water efficiency ordinance as well as the water efficient requirements of the Cypress Zoning Code. 38. Unless otherwise specified, all required trees shall be a minimum 15-gallon in size and of a variety approved by the Director of Community Development. 39. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. 40. Landscaping within the common areas, not enclosed within a private yard fence, shall be maintained in good condition by the homeowners association. 41. 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 graffiti which threatens the appearance. 42. 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. 43. 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. 44. 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. 45. 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. The location, size, and species of any required view screen trees shall be subject to review and approval by the Community Development Department. 46. Should substantiated complaints be received, this conditional use permit, including the conditions of approval, may be modified and/or revoked, subject to a public hearing. 47. 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, and between 9:00 a.m. and 8:00 p.m. on Saturday, if the City's noise standards are exceeded. Interior building construction and • Community Development Department•Planning Division • 156 Exhibit "A" Page 7 Conditional Use Permit No. 2010-01 and Tentative Tract Map No. 17334 Conditions of Approval 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. 48. Mechanical devices associated with the cleaning and maintenance of real property may be used within any zone between the hours of 7:00 a.m. and 8:00 p.m. on weekdays and between the hours of 8:00 a.m. and 8:00 p.m. on weekends and federal holidays. Such devices include but are not limited to stationary or mobile pumps, fans, compressors, generators, blowers, and sweepers. The use of such devices for such purposes is prohibited at all other times. 49. Two (2) copies of the CC&R's covering the condominium development shall be submitted to the City staff(prior to recordation) for internal review, recommendation, and approval to assure the continuous maintenance applicability and enforceability of the CC&R's so that the development will not become a liability to the City at a later date. The CC&R's shall assign responsibility to the homeowners association for the maintenance of the common area, including driveways, parking lots, and landscaping (including the public parkway along Crescent Avenue adjacent to the condominium project property). 50. A copy of the Condominium Plan for this project shall be submitted to the City staff for review and approval prior to recordation. 51. The condominium development shall maintain individual trash cans for each unit on-site (one for regular garbage and one for recyclables). The CC&R's for this "} condominium development shall include provisions restricting the locations of the trash cans to the interior of the garage,except the evening prior to and the day of trash pick-up service for the neighborhood. Construction bins must be maintained on-site. Individual Trash cans and bin rental shall be contracted through Consolidated Disposal Services. 52. The roof materials shall consist of concrete tile with the color subject to approval by the Cypress Planning Division. 53. All interior fences dividing the private yard areas (not located within the front setback area) shall be a minimum of six feet (6') tall, measured from the highest adjacent grade,and constructed of masonry block material. 54. The project driveway shall consist of concrete and include a decorative pattern of stamped, colored concrete, or similar decorative material, subject to approval by the Community Development Department. • Community Development Department•Planning Division • 157 Exhibit "A" Page 8 Conditional Use Permit No. 2010-01 and Tentative Tract Map No. 17334 Conditions of Approval 55. The CC&R's for the project shall include a section requiring that the garage parking spaces shall be maintained open and available at all times for the parking of two (2) vehicles. 56. Open parking spaces shall remain unassigned. Guest parking spaces shall not be used for long-term parking. Restrictions for guest parking spaces shall be included in the CC&R's for the project. BUILDING CONDITIONS 57. Applicant/developer shall obtain the required permits and comply with applicable provisions of the 2007 California Building, Plumbing, Electrical, and Mechanical Codes, the 2007 California Administrative Code,Title 24, and the Code of the City of Cypress. 58. An automatic fire sprinkler system, approved by the Fire Marshal, is required. 59. Type 5 cement shall be used for all foundations and slabs on grade. 60. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil. moisture barrier. 61. A soil investigation report shall be submitted with the plans for plan check. Report shall include soil bearing capacity, seismic study, in compliance with the Seismic Hazard Mapping Act of the State of California, grading, paving, sulfate test and other pertinent information under good engineering practice. 62. Construction bins for non-recyclable and recyclable materials generated from any construction site (residential and non-residential) must be placed "on-site" out of the public right-of-way unless a permit is obtained from the Public Works Department. 63. Prior to final certificate of occupancy, as required by California State Health and Safety Code, Section 19850, the applicant shall submit to the Cypress Building Division, 35mm microfilm copies of the approved plans on standard aperture cards, to serve as the official file copy of the approved building plans. In lieu of microfilm, the applicant can provide plans on CD rom with the software format approved by the building official. 64. Building plans shall be stamped by a licensed engineer. 65. A pre-grading SWPPP's inspection is required prior to grading permit issuance. All required grading stormwater BMP's shall be installed and inspected by the building division prior to release of the grading permit. • Community Development Department • Planning Division • 158 Exhibit"A" Page 9 Conditional Use Permit No. 2010-01 and Tentative Tract Map No. 17334 Conditions of Approval 66. The locations of all proposed utilities ie: electric meters, gas, telephone, etc., shall be indicated on the site plan. In addition, the location of the fire department double check valve shall be shown on the site plan and master fire plan. FIRE AUTHORITY CONDITIONS 67. Prior to the issuance of any building permits, the applicant shall obtain approval of the Fire Chief for all fire protection access roads to within 150 feet of all portions of the exterior of every structure on site. The plan shall indicate the location of the nearest fire hydrant to the property line. The applicant may contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the"Guidelines for Emergency Access." 68. Prior to the issuance of any building permits, the applicant shall submit a fire hydrant location plan to the Fire Chief for review and approval. 69. Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead (black lines onto fire master plan) stating that water for fire-fighting purposes and all-weather fire protection access roads shall be in place and operational before any combustible material is placed on site. Building permits will not be issued without OCFA approval obtained as a result of an on-site inspection. Please contact the OCFA at (714) 573-6100 to obtain a copy of the standard combustible construction letter. 70. Prior to the issuance of any building permits, the applicant shall submit plans and obtain approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet in width. The plans shall indicate the locations of red curbs and signage and include a detail of the proposed signage including the height, stroke and colors of the lettering and its contrasting background. The applicant may contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access Roadways and Fire Lane Requirements." 71. Prior to the issuance of any certificate of occupancy, the fire lanes shall be installed in accordance with the approved fire master plan. The CC&R's or other approved documents shall contain a fire lane map, provisions prohibiting parking in the fire lanes and a method of enforcement. 72. Prior to the issuance of any building permits, the applicant shall provide evidence of adequate fire flow. The "Orange County Fire Authority Water Availability for Fire Protection" form shall be signed by the applicable water district and submitted to the Fire Chief for approval. 73. Prior to the issuance of a building permit, the applicant shall submit plans for the required automatic fire sprinkler system in all structures to the Fire Chief for review and approval. • Community Development Department •Planning Division • 159 Exhibit "A" Page 10 Conditional Use Permit No. 2010-01 and Tentative Tract Map No. 17334 Conditions of Approval Please contact the OCFA at (714) 573-6100 to request a copy of the "Orange County Fire Authority Notes for New NFPA 13 Commercial Sprinkler Systems." 74. Prior to the issuance of a certificate of occupancy, the fire sprinkler system shall be operational in a manner meeting the approval of the Fire Chief. POLICE CONDITIONS 75. Illuminated address signs shall be installed next to each garage door for easy identification by Police and Fire personnel. 76. The CC&R's shall contain a restriction prohibiting the parking of vehicles in front of garages. Common areas not designated for guest parking shall be kept clear at all times. 77. Security lighting shall be provided in the parking areas, public open space, and driveways. Front door entrances to the individual units shall also be provided with light fixtures. Effective: 2-8-2010 • Community Development Department•Planning Division •