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Resolution No. 5961136 RESOLUTION NO. 5961 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING A TWELVE (12) MONTH EXTENSION OF CONDITIONAL USE PERMIT NO. 2005-03 - WITH CONDITIONS. THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS: 1. That a written request was filed to extend Conditional Use Permit No. 2005 -03 for an additional twelve (12) month period (until May 9, 2007), in accordance with the provisions of Section 35.91 of the Zoning Ordinance of the City of Cypress, to allow the construction of two (2) residential condominium units located at 8721 Moody Street within the RM -20 Residential Multiple - Family Zone. 2. That the City Council, in accordance with the provisions of Section 4.19.070. of the Zoning Ordinance of the City of Cypress, considered this application for renewal on June 26, 2006, during a public meeting of the City Council. 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 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 at a maximum density of twenty (20) 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 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 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) The condominium development project, as proposed, would re- develop the existing underutilized property, providing an aesthetically pleasing development compatible with the surrounding single- and multiple- family residential developments. (4) As conditioned, the proposed condominium development project would not result in any significant effects relating to traffic, noise, air quality, or water quality. (5) 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 was filed upon the original approval of this project on May 9, 2005. c. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance. 137 NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve a twelve (12) month extension of Conditional Use Permit No. 2005- 03, 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 26th day of June, 2006. MAY • ' • F THE CITY OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DENISE BASHAM, Acting 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 26th day of June, 2006, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: McGill, Seymore, Luebben and Sondhi NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: McCoy 1' CITY CLERK OF THE CITY OF CYPRESS 138 EXHIBIT "A" Conditional Use Permit No. 2005 -03 8721 Moody Street 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 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. 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. 2005 -03 shall be complied with prior to occupancy of the subject buildings. 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 Forty -Three Dollars ($43.00) County administrative fee, to enable the City to • Community Development Department • Planning Division • 139 Exhibit "A" Conditional Use Permit No. 2005 -03 Conditions of Approval Page 2 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 Parcel Map shall be recorded prior to issuance of Building Department Permits. 10. Upon separate ownership of parcel 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. Onsite 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 %). 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. A single block wall shall be provided along the North, South and West 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 ") 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. + Community Development Department • Planning Division • 140 Exhibit "A" Conditional Use Permit No. 2005 -03 Conditions of Approval Page 3 13. Installation of Cable T.V. shall be subject to the City Ordinance No. 726. Prior to construction, the developer shall contact Comcast (Phone: [888] 255 -5789) or Time Warner AOL (Phone: [714] 903 -4000) for specifications and procedures for pre -wire of the building and installation of the service wiring. Necessary permits shall be obtained at the City. 14. 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. 15. 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 Moody Street. No landscape 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. 16. 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 Moody Street. 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. 17. 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. 18. Moody Street shall be dedicated and have a total right -of -way width of fifty feet (50'). A cash deposit shall be submitted to cover the estimate cost of future Public Improvements on the ultimate right -of -way. 19. 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. 20. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: • Final Subdivision Map Filing (Per Resolution No. 4001). • Park and Recreation (Per Ordinance 769). • Drainage Fee for Master Drainage Plan (Per Resolution 2287). • City-wide Traffic Improvement (Per Resolution 4348 and current fee Resolution). • Regional Traffic Improvement (Per Resolution No. 4400). • Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD -09). • Grading Plan Check and Permit (Per Resolution 5069). • Community Development Department • Planning Division • 141 Exhibit "A" Conditional Use Permit No. 2005 -03 Conditions of Approval Page 4 21. 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. 22. The Developer/Property owner shall submit a Water Quality Management Plan (WQMP), which identifies construction and post construction as well as structural and non - structural 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, March 1993 and the County of Orange Drainage Area Management Plan (1993). 23. Please check with Engineering Department to acquire Standard notes for this project. 24. All downspouts shall drain into landscape areas. 25. All drainage from property shall flow into onsite drain inlet with appropriate filter system. COMMUNITY DEVELOPMENT CONDITIONS 26. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Community Development Department. 27. Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 2005 -03 will require an amendment to the conditional use permit. 28. The developer shall provide mailbox facilities for each residence, to the satisfaction of the Public Works Director, Community Development Director, and Postmaster. 29. 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. 30. Architectural elevations and site plans shall be reviewed and approved by the Community Development Department prior to the issuance of building permits. Further, the east and west elevations of the garages shall be improved with architectural relief to the satisfaction of the Community Development Department. 31. Stone veneer shall be provided within the first three feet (3') of the font and side elevations of all three (3) buildings. 32. Additional architectural articulations will be required on the east elevation of the garage structure (i,e., horizontal belly band(s), window trim, etc.) • Community Development Department • Planning Division • 142 Exhibit "A" Conditional Use Permit No. 2005 -03 Conditions of Approval Page 5 33. 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. 34. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 35. No roof mounted or front yard 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 issuance of building permits. 36. The transformer boxes and water valves shall be placed in locations acceptable to the Community Development Director and shall be adequately screened from view with plant materials. 37. The condominium development shall maintain individual trash cans for each unit onsite (one for regular garbage and one for recyclables). The CC &Rs for this condominium development shall include provisions restricting the locations of the trash cans to the interior of the garage or within a fenced side yard, except the evening prior to and the day of trash pick -up service for the neighborhood. Construction bins must be maintained onsite unless a permit is obtained from the Public Works Department. Individual trash cans and bin rental shall be contracted through Consolidated Disposal Services. Individual unit trash receptacles shall be picked up by Consolidated Disposal Services along the curb on Moody Street. 38. 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 Department to guarantee against defects in plant materials and workmanship. 39. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a variety approved by the Community Development Director. 40. The developer shall not erect or display on the subject property any signs which have not been approved in writing by the Community Development Department. 41. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. Landscaping within common areas, not enclosed within a private yard fence, shall be maintained in good condition by the homeowners association. 42. All material storage shall occur within the buildings. Exterior storage is specifically prohibited. 43. No security gate system shall be permitted for the access driveway of this development. • Community Development Department • Planning Division • 143 Exhibit "A" Conditional Use Permit No. 2005 -03 Conditions of Approval Page 6 44. Perimeter walls shall be a minimum six feet (6') and a maximum seven feet (7') in height, measured from the highest adjacent finished grade. 45. 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. 46. 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. 47. 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. 48. 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. 49. 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. 50. Should substantiated complaints be received, this conditional use permit may be modified and/or revoked, subject to a public hearing. 51. 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. 52. 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. 53. Two (2) copies of the CC &Rs 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 &Rs so that the development will not become a liability to the City at a later date. The CC &Rs shall assign responsibility to the homeowners association for the maintenance of the common area, including driveways, • Community Development Department • Planning Division • 144 Exhibit "A" Conditional Use Permit No. 2005 -03 Conditions of Approval Page 7 parking lots, and landscaping (including the public parkway along Moody Street adjacent to the condominium project property). 54. A copy of the Condominium Plan for this project shall be submitted to the City staff for review and approval prior to recordation. 55. The roof materials shall be concrete tile. 56. The CC &R's for the project shall include a section requiring that the garage parking spaces be maintained, open and available at all times for the parking of two (2) vehicles. BUILDING CONDITIONS 57. Applicant/developer shall comply with applicable provisions of the 2001 California Building, Plumbing, Electrical, and Mechanical Codes, the 2001 California Administrative Code, Title 24, and the Code of the City of Cypress. 58. An automatic fire sprinkler system, approved by the Fire Marshal, may be required due to lot depth. 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. Building plans shall be stamped by a licensed engineer. 64. Rear walls of garage structure that are closer than three feet (3') to property lines require a 1- hour wall and compliance with CBC 709.4 exception #5 unless a parapet wall is provided. 65. Maintain one hour wall in attic between units. FIRE AUTHORITY CONDITIONS 66. Prior to issuance of a building permit, the applicant is required to submit three sets of plans for review and approval by the OCFA. Include the information referenced on the attached "Residential Site Review Assistance" sheet. • Community Development Department • Planning Division • 145 Exhibit "A" Conditional Use Permit No. 2005 -03 Conditions of Approval Page 8 67. 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. If sufficient water to meet fire flow requirements is not available an automatic fire extinguishing system may be required in each structure affected. Blue -line the Water Availability Form and test results on to the plans. 68. Prior to the recordation of a subdivision map, a note shall be placed on the tentative parcel map stating that, "All residential structures shall be protected by an automatic fire sprinkler system in a manner meeting the approval of the Fire Chief. 69. Prior to the issuance of a building permit, the applicant shall submit plans for any required automatic fire sprinkler system in any structure to the Fire Chief for review and approval. Please contact the OCFA at (714) 573 -6100 for additional information. 70. Prior to the issuance of a certificate of occupancy, this system shall be operational in a manner meeting the approval of the Fire Chief. POLICE CONDITIONS 71. Security lighting shall be provided in the parking areas, public open space, driveways, and along the south perimeter. Front door entrances to the individual units shall also be provided with light fixtures. Effective (Revised): 5 -09 -2005 • Community Development Department • Planning Division •