Resolution No. 5843157
RESOLUTION NO. 5843
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 2005-07 - 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 two -story guest dwelling unit addition onto a previously approved detached three -
car garage located at 5422 Nelson Street, within the RM -20 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. At the Public Hearing held on May 9, 2005, the City Council
considered the staff report and all information, testimony, evidence and written comments
presented during the public review period and at the public hearing.
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 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, and other group dwellings with the maximum
allowed density of 20 dwelling units per acre.
b. The proposed guest dwelling unit structure and use will be consistent with
the goals, policies, and objectives of the City of Cypress General Plan (as updated in 2001)
for the High Density Residential (15.1 -20.0 du/ac) land use designation in which it is
located.
c. The proposed guest dwelling unit structure is consistent with the applicable
development standards set forth in the Cypress Zoning Ordinance in that:
(1) The guest dwelling unit project, as proposed, would be consistent
with the permitted land uses for the RM -20 Residential Multiple - Family Zone in
which it is located.
(2) There are sufficient infrastructure and public services to
accommodate the proposed residential development within the project vicinity.
(3) The proposed guest dwelling unit project would provide an
architecturally consistent development compatible with the single- and multiple -
family residential developments in the surrounding vicinity.
(4) The proposed project plan meets parking requirements for all
dwelling units onsite and provides adequate paved vehicle maneuvering area.
(5) As conditioned, the proposed guest dwelling unit project would not
result in any significant effects relating to traffic, noise, air quality, or water quality.
(6) As conditioned to comply with all applicable building and safety
codes, and requirements of the Orange County Fire Authority, the proposed guest
dwelling structure and the conditions under which it would be operated or
maintained will not be detrimental to the public health, safety, or welfare, or
materially injurious to properties or improvements in the vicinity.
(7) As conditioned, the proposed guest dwelling unit would be operated
as an accessory use to the primary single - family dwelling located on the front
portion of the subject property and would not be rented out as an apartment unit.
(8) In accordance with the California Environmental Quality Act
(CEQA) Guidelines, the proposed guest dwelling unit would be exempt from the
provisions of CEQA pursuant to Section 15303 of said Guidelines and a Categorical
Exemption, Class 3, would be filed upon City approval of the project.
d. The proposed guest dwelling unit, as conditioned, will comply with each of
the applicable provisions of the Cypress Zoning Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Conditional Use Permit No. 2005 -07, 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 9th day of May, 2005.
44/1eL
MAYOR OF THE CITY OF CYPRESS
ATTEST:
Y CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
I, JILL R. GUERTIN, 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 May, 2005, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Luebben, Seymore, Sondhi and McGill
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: McCoy
Y CLERK OF THE CITY OF CYPRESS
158
159
EXHIBIT "A"
Conditional Use Permit No. 2005 -07
5422 Nelson 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 -07 shall be complied with
prior to occupancy of the subject building.
• Community Development Department • Planning Division •
160
Exhibit "A"
Conditional Use Permit No. 2005 -07
Conditions of Approval
Page 2
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 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. PEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• 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).
10. 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.
11. Standard NPDES notes shall be provided on the site plan. A copy of the notes can be
obtained from the Cypress Engineering Division. A copy of the site plan shall be kept on
the job site at all times.
COMMUNITY DEVELOPMENT CONDITIONS
12. The structure shall not be used or converted for use as a "second dwelling unit ",
"apartment ", or "condominium" as defined by the Cypress Zoning Code.
13. No more than one (1) meter per utility shall be permitted on the subject property.
14. The applicant/property owner shall submit a deed restriction (recorded by the County
Clerk- Recorder) prohibiting the use of the "guest dwelling unit" structure as a
"second dwelling unit ", "apartment ", or "condominium ", as defined by the Cypress
Zoning Code. The deed restriction shall also prohibit the separate subdivision, sale, or
rental of the guest dwelling unit. The draft deed restriction shall be submitted to the
Community Development Department for review and approval prior to issuance of
building permits. A copy of the recorded document shall be submitted prior to
issuance of the Certificate of Occupancy for the guest dwelling unit.
• Community Development Department • Planning Division •
161
Exhibit "A"
Conditional Use Permit No. 2005 -07
Conditions of Approval
Page 3
15. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
16. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2005 -07 will require an amendment to the Conditional Use
Permit.
17. 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.
18. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
19. 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.
20. The exterior materials and colors shall match that of the existing single - family
residence located on the front portion of the property.
21. 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.
22. 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.
23. 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.
24. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
25. 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
• Community Development Department • Planning Division +
162
Exhibit "A"
Conditional Use Permit No. 2005 -07
Conditions of Approval
Page 4
be equipped with effective muffling devices. Compliance with this measure is subject to
field inspection by City staff.
BUILDING CONDITIONS
26. 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.
27. An automatic fire sprinkler system, approved by the Fire Marshal, may be required due to
the depth of the parcel and the limited driveway access onsite.
28. Type 5 cement shall be used for all foundations and slabs on grade.
29. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture bather.
(Effective: 5 -9 -2005)
• Community Development Department • Planning Division •