Resolution No. 6004RESOLUTION NO. 6004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 2007-01 - 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 the
construction of a fifth (5th) dwelling unit located at 5598 Crescent Avenue within the RM -15
Residential Multiple 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 RM -15 Residential Multiple Family Zone in
which the site is located, which is:
Intended to provide areas for the development of medium density apartment,
condominiums, townhouses, or other group dwellings with provisions for
adequate light, air, open space, and landscape areas. The maximum
permitted density is fifteen (15) 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 dwelling unit will be consistent with the goals,
policies, and objectives of the City of Cypress General Plan, as updated in 2001
(2) Sufficient access will be provided to the site.
(3) The proposed architectural design of the residential unit will be
compatible with the surrounding residential developments.
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. 2007 -01, 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 12th day of March, 2007.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
'act/Luau eletaciaurn
CTTY CLERK OF THE CITY OF CYPRESS
359
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
360
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 12th
day of March, 2007, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Mills, Narain, Seymore and Luebben
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
kik(,ct,u ce,(_401(lcuy,
CITY CLERK OF THE CITY OF CYPRESS
361
EXHIBIT "A"
Conditional Use Permit No. 2007 -01
5598 Crescent Avenue
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.
7. All applicable conditions of Conditional Use Permit No. 2007 -01 shall be complied with prior
to occupancy of the subject building.
• Community Development Department • Planning Division •
362
Exhibit "A"
Conditional Use Permit No. 2007 -01
Conditions of Approval
Page 2
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.
10. A twenty four (24') wide driveway is required for the proposed project.
11. All existing units shall match the proposed dwelling. All existing units shall provide trim
around all windows and doors, new garage doors, flat concrete tile roofing, and all units
shall match in color.
ENGINEERING CONDITIONS
12. All requirements of the State Subdivision Map Act, and the City's Subdivision Ordinance shall
be satisfied.
13. 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.
14. 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 South, East, 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 •
363
Exhibit "A"
Conditional Use Permit No. 2007 -01
Conditions of Approval
Page 3
15. The developer shall provide adequate "No Parking" controls within the development and
appropriate "No Parking - Fire Lane" signs shall be installed per California Vehicle Code
#22658, to the satisfaction of the Building Official and County Fire Marshal. The developer of
this project shall provide adequate speed control within the development to the satisfaction of
the City Engineer. Onsite traffic circulation shall be subject to the approval of the City
Engineer.
16. 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.
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. Crescent Avenue shall be dedicated and fully improved with curb, gutter, sidewalk, drive
closure, drive approach, paving, etc., in accordance with the City's Code requirement of Streets.
Crescent Avenue shall have half street right -of -way width of forty -two feet (42').
19. The existing driveway approach and sidewalk must be removed and re- constructed per City of
Cypress Engineering Standards.
20. 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 Crescent 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.
21. 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.
22. 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.
• Community Development Department • Planning Division
364
Exhibit "A"
Conditional Use Permit No. 2007 -01
Conditions of Approval
23. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Public Works Plan Check & Inspection (Per Resolution 5069).
• Park and Recreation (Per Ordinance 1078).
• 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).
COMMUNITY DEVELOPMENT CONDITIONS
Page 4
24. Utilities shall not be released until all conditions of approval have been met to the satisfaction
of the Community Development Department.
25. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2007 -01 will require an amendment to the conditional use permit.
26. 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.
27. Architectural elevations and site plans shall be reviewed and approved by the Community
Development 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 developer shall provide an adequate number of trash enclosures onsite and at a location
acceptable to City staff. Construction bins must be maintained onsite. Bin rental shall be
contracted through Consolidated Disposal.
31. All storage shall occur within the buildings. Exterior storage is specifically prohibited.
32. 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.
• Community Development Department • Planning Division •
365
Exhibit "A"
Conditional Use Permit No. 2007 -01
Conditions of Approval
Page 5
33. 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.
34. 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.
35. 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.
36. 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.
37. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
38. 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.
39. Should the units be converted to a condominium development/town home development, a new
conditional use permit and a tentative tract map application must be approved by City Council.
BUILDING CONDITIONS
40. Applicant/developer shall obtain the required permits and 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.
41. An automatic fire sprinkler system, approved by the Fire Marshal, will be required.
42. Type 5 cement shall be used for all foundations and slabs on grade.
43. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. moisture
barrier.
• Community Development Department • Planning Division •
366
Exhibit "A"
Conditional Use Permit No. 2007 -01
Conditions of Approval
Page 6
44. 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.
45. 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.
46. Building plans shall be stamped by a licensed engineer.
FIRE AUTHORITY CONDITIONS
47. Prior to the issuance of a building permit, the applicant shall submit evidence of the on -site
fire hydrant system to the Fire Chief and indicate whether it is public or private. If the
system is private, it shall be reviewed and approved by the Fire Chief prior to building
permit issuance, and the applicant shall make provisions for the repair and maintenance of
the system in a manner meeting the approval of the Fire Chief. Please contact the OCFA at
(714) 573 -6100 or visit the OCFA website for a copy of the "Guidelines for Private Fire
Hydrant &/or Sprinkler Underground Piping."
48. Prior to the final inspection, all fire hydrants shall have a blue reflective pavement marker
indicating the hydrant location on the street as approved by the Fire Chief, and must be
maintained in good condition by the property owner. Please contact the OCFA at (714) 573-
6100 or visit the OCFA website for a copy of the "Guideline for Installation of Blue Dot
Hydrant Markers."
49. Prior to the issuance of 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.
50. 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 to request a copy of the "Orange County Fire
Authority Notes for New NFPA 13D Sprinkler Systems."
51. Prior to the final inspection, this system shall be operational in a manner meeting the
approval of the Fire Chief.
Effective: 3 -12 -2007
• Community Development Department • Planning Division •