Resolution No. 5849RESOLUTION NO. 5849
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 2005-09 - 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 35.77 of the Zoning Ordinance of the City of Cypress for the construction of
four (4) condominium units on the property located at 8752 Walker Street, 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. At the Public Hearing held on May 23, 2005, City Council
meeting, 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 -15 Residential
Multiple - Family Zone in which the site is located, which is:
Intended to permit the development of medium- density apartments,
condominiums, townhouses, or other group dwellings with provisions for
adequate light, air, open space, and landscaped areas.
b. The proposed residential structures will be consistent with the goals,
policies, and objectives of the City of Cypress General Plan, as updated in 2001.
c. The proposed residential structures are consistent with the applicable
development standards set forth in the Cypress Zoning Ordinance.
(1) Adequate onsite parking will be provided for the proposed
development.
(2) Sufficient access will be provided to the proposed development site.
(3)
The proposed architectural design of the residential units will be
compatible with the surrounding residential developments.
d. The proposed residential structures, 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 -09, 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 23rd day of May, 2005.
ATTEST:
Y CLERK OF THE CITY OF CYPRESS
A4-4
MAYOR OF THE CITY OF CYPRESS
188
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
23rd day of May, 2005, by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Seymore, Sondhi and McGill
NOES: 1 COUNCIL MEMBERS: McCoy
ABSENT: 1 COUNCIL MEMBERS: Luebben
Y CLERK OF THE CITY OF CYPRESS
189
190
EXHIBIT "A"
Conditional Use Permit No. 2005- 09/Tentative Tract Map No. 16870
8752 Walker Street
CONDITIONS OF APPROVAL
Note: 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 m. - 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 and the City of Cypress
Building and Safety Division shall be complied with prior to a Certificate of Occupancy
being issued.
6. All applicable conditions of Conditional Use Permit No. 2005 -09 and Tentative Tract Map
No. 16870 shall be complied with prior to occupancy of the subject buildings.
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Exhibit "A"
Conditional Use Permit No. 2005 -09 /Tentative Tract Map No. 16870
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. 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 condominium map shall be submitted to the Engineering
Division prior to the issuance of the first Certificate of Occupancy.
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 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%).
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 shall be provided along the north and south 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 ")
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Exhibit "A"
Conditional Use Permit No. 2005 -09 /Tentative Tract Map No. 16870
Conditions of Approval
Page 3
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 within the interior of the
project 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.
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 entrance with the alley. 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.
16. 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.
17. 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.
18. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Final Subdivision Map Filing (Per Resolution No. 4001).
• Public Works Plan Check & Inspection (Per Resolution 5069).
• 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).
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Exhibit "A"
Conditional Use Permit No. 2005- 09/Tentative Tract Map No. 16870
Conditions of Approval
• Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD -09).
• Grading Plan Check and Permit (Per Resolution 5069).
Page 4
19. 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.
20. 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) and the Model Water Quality
Management Plan (WQMP) 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, and the County of Orange
Drainage Area Management Plan and subsequent revisions, and the City's Local
Implementation Plan. The WQMP shall be prepared in accordance with the template
provided by the Cypress Engineering Division and shall identify all appropriate structural
and non - structural best management practices ( BMP's).
21. The applicant shall comply with other applicable water quality conditions and ensure
their implementation during construction.
22. Standard water quality construction notes, obtained from the Cypress Engineering
Division, shall be provided on the site plan, which shall be kept on the job site at all
times. Compliance with the standard notes is required. The Standard Notes describe the
Best Management Practices (BMP's) that must be implemented during construction in
addition to BMP's identified in the Water Quality Management Plan.
23. All buildings shall be constructed with gutters and downspouts, with all downspouts
draining into landscaped areas.
24. All drainage from the property shall flow into an onsite drainage inlet that is equipped
with the appropriate filter system. This filter system shall be maintained by homeowner's
association to ensure its effective operation.
COMMUNITY DEVELOPMENT CONDITIONS
25. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
26. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2005 -09 will require an amendment to the conditional use
permit.
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Exhibit "A"
Conditional Use Permit No. 2005- 09/Tentative Tract Map No. 16870
Conditions of Approval
Page 5
27. The developer shall provide mailbox facilities for each residence, to the satisfaction of the
Community Development Department, and Postmaster.
28. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
29. 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 painting the structures. Roof materials shall be concrete tile or an
alternative composite material acceptable to the Community Development
Department.
30. A new six -foot (6') high block wall shall be constructed along the north and south
property lines. The block walls provided around each of the private yards shall be
six feet (6') in height. All wall heights shall be measured from the highest adjacent
grade.
31. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
32. 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.
33. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a
variety approved by the Community Development Director.
34. A redwood landscape retainer, a minimum of two inches by six inches (2" x 6 ") in size, shall
be installed along all property lines where necessary to retain the landscape planters until
adjoining properties are developed.
35. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so
as to cover all landscaped areas. Landscaping within the common areas, not enclosed within
a private yard fence, shall be maintained in good condition by the homeowners association.
36. The onsite driveway shall include a section of decorative paving at the entrance to the
project site. The final color and pattern shall be subject to approval by the Community
Development Department.
37. The installation of vehicle access gates shall be prohibited.
38. 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
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Exhibit "A"
Conditional Use Permit No. 2005- 09/Tentative Tract Map No. 16870
Conditions of Approval
Page 6
to Design Review and may consist of, but not be limited to, requirements for additional
perimeter landscaping and/or window coverings as deteimined appropriate by the Design
Review Committee.
39. 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.
40. Maintenance of common facilities, including common open space, private roads, and access
driveways, shall be provided for through legal instruments setting forth a plan or manner of
permanent care and maintenance. Two (2) copies of the required covenants, conditions, and
restrictions (CC &R's), articles of incorporation, by -laws, or other documents of the
homeowner's association or other entity which controls the common facilities, shall be
submitted to the City for approval within thirty (30) days from the date of issuance of
building permits.
41. A copy of the Condominium Plan for this project shall be submitted to the City staff for
review and approval prior to recordation.
42. Roof mounted equipment, such as heating and air conditioning units, shall be prohibited.
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.
43. 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
development shall include provisions restricting the locations of the trash cans to the
interior of the garages, except the evening prior to and the day of trash pick -up service
for the neighborhood. Construction bins must be maintained onsite. Individual Trash
cans and Bin rental shall be contracted through Briggeman Disposal.
44. 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.
45. 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.
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Exhibit "A"
Conditional Use Permit No. 2005- 09/Tentative Tract Map No. 16870
Conditions of Approval
BUILDING CONDITIONS
Page 7
46. 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.
47. An automatic fire sprinkler system, approved by the Fire Marshal is required.
48. Type 5 cement shall be used for all foundations and slabs on grade.
49. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
50. 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.
51. 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.
52. 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.
53. Grading and exterior building construction activities shall be limited to the hours between
7:00 a.m. and 8:00 p.m., Monday through Friday, and 9:00 a.m. to 8:00 p.m. on Saturday.
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.
54. Project construction/demolition activities shall comply with SCAQMD Rule 403, as
revised. The applicant shall also obtain approval of a dust control plan from the Building
Division prior to issuance of each grading or building permit. Dust - reducing measures
shall include regular watering of graded surfaces, restriction of all construction vehicles
and equipment to travel along established and regularly watered roadways, and
suspending operations that create dust during windy conditions (winds greater than 25
mph).
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Exhibit "A"
Conditional Use Permit No. 2005- 09/Tentative Tract Map No. 16870
Conditions of Approval
FIRE AUTHORITY CONDITIONS
Page 8
55. Prior to the issuance of any building permits, the applicant shall submit a fire hydrant
location plan for the review and approval of the Fire Chief.
56. Prior to the issuance of a building permit, 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.
57. Prior to the issuance of a building permit, the applicant shall submit plans for the required
automatic fire sprinkler system in the structure to the OCFA 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 13 Commercial Sprinkler Systems."
58. Prior to the issuance of a certificate of use and occupancy, this system shall be
operational in a manner meeting the approval of the Fire Chief.
59. Prior to the issuance of any building permits, the applicant shall obtain approval of the
Orange County Fire Authority for all fire protection access roads to within 150 feet of all
portions of the exterior of every structure on site. The plans shall include plan and
sectional views and indicate the grade and width of the access road measured flow -line to
flow -line. When a dead -end street exceeds 150 feet or when otherwise required, a clearly
marked fire apparatus access turnaround must be provided and approved by the Fire
Chief. Please contact the OCFA at (714) 573 -6100 or visit the OCFA website to obtain a
copy of the "Guidelines for Emergency Access."
60. Prior to the issuance of a building permit, the applicant shall submit architectural plans
for the review and approval of the Fire Chief if required per the "Orange County Fire
Authority Plan Submittal Criteria Form." Please contact the OCFA at (714) 573 -6100 for
a copy of the Site /Architectural Notes to be placed on the plans prior to submittal.
POLICE CONDITIONS
61. Common areas not designated for guest parking shall be kept clear at all times. The curbs
located within the developments shall be painted red for fire lane purposes. The CC &R's shall
contain a restriction prohibiting the parking of vehicles in front of garages.
62. The address for the complex shall be posted on the west elevation of the detached garage
structure and on the front elevation of each of the units.
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Exhibit "A"
Conditional Use Permit No. 2005- 09/Tentative Tract Map No. 16870
Conditions of Approval
Page 9
63. Lighting shall be provided in the parking areas, along the driveways, and along the
walkways around the perimeter of the project site. Front door entrances to the individual
units shall also be provided with light fixtures. The lighting plans for the project shall
also be subject to review by the Cypress Police Department.
Effective: 5 -23 -2005 (Revised)
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