Resolution No. 5852206
RESOLUTION NO. 5852
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 2005-08 - 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 for the construction
of a detached recreational vehicle garage and game house on the property located at 8351 Gay
Street, within 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. At the Public Hearing held on May 23, 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 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 sizes 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, as updated in 2001.
c. The proposed accessory structure is consistent with the applicable
development standards set forth in the Cypress Zoning Ordinance.
(1) The proposed location of the accessory structure is in accord with the
objectives of the Ordinance and the purpose of the zone in which the
site is located.
(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 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.
d. The proposed accessory structure, 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 -08, 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 23'I day of May, 2005.
gii/L
MAYOR OF THE CITY OF CYPRESS
ATTEST:
C)1
CLER 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
23rd day of May, 2005, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: McCoy, Seymore, Sondhi and McGill
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Luebben
CLERK OF THE CITY OF CYPRESS
207
208
EXHIBIT "A"
Conditional Use Permit No. 2005 -08
8351 Gay 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 sec . - 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, Orange County Health
Department, 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 •
209
Exhibit "A"
Conditional Use Permit No. 2005 -08
Conditions of Approval
Page 2
7. All applicable conditions of Conditional Use Permit No. 2005 -08 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 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.
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. The applicant shall comply with other water quality conditions as specified in the
attachment and ensure their implementation during construction..
11. The attached Standard Water Quality Construction Notes shall e applied to the site plan
which shall be kept on the job site at all times. Compliance with the Standard Notes is
required.
12. Where an existing block wall is removed, the applicant 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, minimum six feet (6') in height shall be provided along the
north, south, and west property line. In the event an adjacent property owner does not grant
permission to remove an existing fence or wall, the applicant shall obtain and submit to the
City, a written denial of the adjacent property owner, or other evidence that demonstrates
that the applicant 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.
13. 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 Department • Planning Division •
210
Exhibit "A"
Conditional Use Permit No. 2005 -08
Conditions of Approval
Page 3
14. 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.
COMMUNITY DEVELOPMENT CONDITIONS
15. 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.
16. The structure shall not be used or converted for use as a second dwelling unit as
defined by the Cypress Zoning Code.
17. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
18. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2005 -08 will require an amendment to the conditional use
permit.
19. 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.
20. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
21. 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
22. The exterior materials and colors shall match that of the existing single - family
residence located on the front portion of the property.
23. 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.
24. 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.
25. There shall be no additional utility meters placed on site other than the existing.
• Community Development Department • Planning Division •
211
Exhibit "A"
Conditional Use Permit No. 2005 -08
Conditions of Approval
Page 4
26. 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.
27. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
28. 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.
29. A concrete or grasscrete driveway shall be provided to the new garage /storage building at all
times.
BUILDING CONDITIONS
30. 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.
31. Type 5 cement shall be used for all foundations and slabs on grade.
32. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
33. 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.
34. 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.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 2005 -08
Conditions of Approval
FIRE AUTHORITY CONDITIONS
Page 5
35. 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: 5 -23 -2005
• Community Development Department • Planning Division •