Resolution No. 6193 RESOLUTION NO. 6193 220
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2010-04-
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 Construct a Detached
Accessory Garage/Storage Area on the Property Located at 8371 Gay Street in 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 and intent of the RS-6,000 Residential Single-Family Zone in
which the site is located, which is:
Intended to permit development of single-family, urban residential development on
minimum lot size of 6,000 square feet.
b. The proposed accessory structure will be consistent with the goals, policies, and
objectives of the City of Cypress General Plan.
c. The proposed accessory structure will be consistent with the applicable
development standards set forth in the Cypress Zoning Ordinance.
(1) The proposed location of the accessory structure is consistent with the
applicable development standards set forth in the Cypress Zoning Ordinance.
(2) The proposed structure will comply with each of the applicable provisions
of the Cypress Zoning Code.
(3) The architectural design of the proposed accessory structure will be
compatible with the existing single-family residence located on the site.
(4) The proposed location of the structure end the conditions under which it
would be operated or maintained will not be detrimer.ta! to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress
does hereby approve Conditional Use Permit No. 2010-04, subject to the conditions attached hereto as
Exhibit "A".
PASSED AND ADOPTED by the City Council of the Cit Cypress at a regular meeting held
on the 14th day of June, 2010.
MAY R OF THE CITY OF CYPRESS
ATTEST: ��, ���jQ ��/�
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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 14th
day of June, 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
221
EXHIBIT "A"
Conditional Use Permit No.2010-04
8371 Gay Street
CONDITIONS OF APPROVAL
*Denotes Mitigation Measures
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 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.
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 and Cypress Building and
Safety Division shall be satisfied prior to commencement of the business operation.
6. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to
a Certificate of Occupancy being issued.
•Community Development Department• Planning Division •
222
Exhibit"A" Page 2
Conditional Use Permit No. 2010-04
Conditions of Approval
7. All applicable conditions of Conditional Use Permit No. 2010-04 shall be complied with
prior to occupancy of the subject building.
8. 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.
9. 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
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.
COMMUNITY DEVELOPMENT CONDITIONS
11. The applicant shall enter into a deed restriction limiting the use of the structure to a
garage and storage building unit, as defined by the Cypress Zoning Code. The deed
restriction shall be recorded prior to the issuance of a building permit.
12. The structure shall not be used or converted for use as a second dwelling unit as
defined by the Cypress Zoning Code.
13. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
14. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2010-04 will require an amendment to the conditional use
permit.
15. 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.
16. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
• Community Development Department•Planning Division •
223
Exhibit "A" Page 3
Conditional Use Permit No. 2010-04
Conditions of Approval
17. 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.
18. The exterior materials and colors shall match that of the existing single-family
residence located on the front portion of the property.
19. 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.
20. Exterior building elevations shall be maintained in a safe appearance such that the buildings
are free of broken, missing or significantly cracked surface materials.
21. There shall be no additional utility meters placed on site other than the existing meter.
22. If the second story windows of the proposed 2-story garage create a privacy problem for
adjacent property owners, measures shall be taken by the property owner to resolve the
problem. These 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 by the Planning staff.
23. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
24. 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.
25. A concrete driveway or permeable pavers shall be provided to the new garage/storage
building at all times.
BUILDING CONDITIONS
26. 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.
• Community Development Department •Planning Division •
224
Exhibit "A" Page 4
Conditional Use Permit No. 2010-04
Conditions of Approval
27. An automatic fire sprinkler system, approved by the Fire Marshal, may be required.
28. Type 5 cement shall be used for all foundations and slabs on grade.
29. All slabs on grade (including MA occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
30. 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.
31. 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 self-loading software or other format approved by the building
official.
FIRE AUTHORITY CONDITIONS
32. Prior to the issuance of any building permits, the applicant shall obtain approval of the
Orange County Fire Authority for all fire protection access. The applicant shall contact
the OCFA at (714) 573-6100, or visit the OCFA website to obtain a copy of the
"Guidelines for Emergency Access, or Bulletin number 08-99, "Fire Department Access
Requirements for a Single-Family Residence".
Effective: 6-14-2010
• Community Development Department•Planning Division •