Resolution No. 5854RESOLUTION NO. 5854
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING A
ONE -YEAR EXTENSION OF CONDITIONAL USE PERMIT NO. 2004 -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 one -year extension of Conditional Use Permit
No. 2004 -01 in accordance with the provisions of Section 4.19.070 of the Zoning Ordinance of the
City of Cypress for the construction of four (4) condominium units on the property located at 5442
Camp Street, within the RM -20 Residential Mixed -Use Zone.
2. 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 M ultiple-
Family Zone in which the site is located, which is:
Intended to permit the development of 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 consistt:iat 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 Me 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 a one -year extension of Conditional Use Permit No. 2004 -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 23rd day of May, 2005.
W/4. Mr-e,
MAYOR OF THE CITY OF CYPRESS
A'1'1EST:
Y CLERK OF THE CITY OF CYPRESS
215
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
Y CLERK OF THE CITY OF CYPRESS
216
217
EXHIBIT "A"
Conditional Use Permit No. 2004- 01/Tentative Tract Map No. 16671
5442 Camp Street
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. 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 $1,000,000 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. 2004 -01 and Tentative Tract Map
No. 16671 shall be complied with prior to occupancy of the subject building.
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Exhibit "A"
Conditional Use Permit No. 2004 -01 /Tentative Tract Map No. 16671
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 Certificate of Fee Exemption in accordance with the Notice of
Determination 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.
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 west property line. 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
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Exhibit "A"
Conditional Use Permit No. 2004- 01/Tentative Tract Map No. 16671
Conditions of Approval
Page 3
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.
12. 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.
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.
14. Camp Street shall be fully improved with curb, gutter, sidewalk, drive closure, drive
approach, paving, etc., in accordance with the City's Code requirement of Streets.
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 Camp Street and the adjacent alleys. 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. Street lights on marbelite standards shall be installed per Southern California Edison
Company requirements. Street name signs and traffic signs shall be installed per City
Standards.
18. 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.
19. 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).
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Exhibit "A"
Conditional Use Permit No. 2004- 01/Tentative Tract Map No. 16671
Conditions of Approval
• 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).
Page 4
20. The developer is subject to school assessment fees pursuant to California State law. The
developer shall provide evidence of compliance to the City prior to issuance of building
permits.
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. 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 Qaulity
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, March 1993 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 Public Works Division and shall identify all
appropriate structural and non - structural best management practices ( BMP' s).
*23. Precise grading plans shall include an Erosion, Siltation and Dust Control Plan for
the approval of the City Engineering Division. The Plan's provisions may include
sedimentation basins, sand bagging, soil compaction, revegetation, temporary
irrigation, scheduling and time limits on grading activities, construction equipment
restrictions onsite. This plan shall also demonstrate compliance with South Coast
Air Quality Management District Rule 403, which regulates fugitive dust control.
(Mitigation Measure No. 4)
*24. Prior to issuance of building permits, the applicant shall submit for approval of the
City Engineering Division, a Water Quality Management Plan (WQMP) specifically
identifying Best Management Practices (BMP's) that will be used on -site to control
predictable pollutant runoff. (Mitigation Measure No. 5)
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Exhibit "A"
Conditional Use Permit No. 2004- 01/Tentative Tract Map No. 16671
Conditions of Approval
COMMUNITY DEVELOPMENT CONDITIONS
Page 5
25. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
26. The developer shall provide mailbox facilities for each residence, to the satisfaction of the
Public Works Director, Community Development Director, and Postmaster.
27. 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.
28. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
29. A decorative trim shall be provided around the garage doors and all windows located
on the north, south, and east elevations of the building.
30. A minimum six -foot (6') high block wall, measured from the highest grade, shall be
provided along the west property line. A minimum six -foot (6') high fence shall be
provided around the enclosed patio areas.
31. 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.
32. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
33. 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.
34. 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.
35. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a
variety approved by the Community Development Director.
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Exhibit "A"
Conditional Use Permit No. 2004 -01 /Tentative Tract Map No. 16671
Conditions of Approval
Page 6
36. 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.
37. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so
as to cover all landscaped areas.
38. 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.
39. 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.
40. The project shall comply with all mitigation measures as referenced in the Negative
Declaration prior to issuance of the final Certificate of Occupancy.
41. 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.
42. 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. Copies of the required codes, covenants, 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.
43. The placement of all air conditioning units shall comply with the City's requirements for
installation of mechanical equipment. The final location of air conditioning units shall be
shown on the site plan and approved by the Planning Division prior to the issuance of
building permits.
44. A six inch (6 ") high raised concrete curb shall be provided in all driveway and parking
areas at a minimum of three feet (3') from the edge of any walls, fences, or other
structures.
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Exhibit "A"
Conditional Use Permit No. 2004- 01/Tentative Tract Map No. 16671
Conditions of Approval
Page 7
45. Two (2) copies of the CC &Rs covering the condominium development shall be submitted to
the City staff for review within thirty (30) days from the date of issuance of building
permits. The CC &Rs shall assign responsibility of continuous enforcement and
enforceability to the homeowners association for the maintenance of the common area,
including driveways, parking lots, and landscaped area.
46. 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.
47. A copy of the Condominium Plan for this project shall be submitted to the City staff for
review and approval prior to recordation.
BUILDING CONDITIONS
48. 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.
49. An automatic fire sprinlder system, approved by the Fire Marshal, is required.
50. Type 5 cement shall be used for all foundations and slabs on grade.
51. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
52. 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.
53. 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.
54. 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.
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Exhibit "A"
Conditional Use Permit No. 2004 -01 /Tentative Tract Map No. 16671
Conditions of Approval
Page 8
*55. 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). (Mitigation Measure No. 1)
*56. All structures shall be designed as confirmed during the building design plan
checking, to withstand anticipated groundshaking caused by future earthquakes
within an acceptable level of risk, i.e., high risk zone, as designated by the City's
latest adopted edition of the California Building Code. (Mitigation Measure No. 2)
*57. Prior to the issuance of a grading permit, a site specific geologic and soils report
shall be prepared by a registered geologist or soils engineer and submitted to the
City Building Division for approval. The report shall specify design parameters
necessary to remediate any soils and geologic hazards. (Mitigation Measure No. 3)
*58. 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. (Mitigation
Measure No. 6)
*59. Prior to issuance of building permits, the developer shall demonstrate to the City of
Cypress that the use of low water use fixtures, plumbing fixtures and appliances are
planned for the project in accordance with applicable standards and requirements.
(Mitigation Measure No. 7)
FIRE AUTHORITY CONDITIONS
60. Prior to the recordation of a subdivision map, the applicant shall submit a fire hydrant
location plan for the review and approval of the Fire Chief.
61. Prior to the issuance of any certificate of use and occupancy, all fire hydrants shall have a
blue reflective pavement marker indicating the hydrant location on the street or drive per
the Orange County Fire Authority Standard as approved by the Fire Chief. These markers
are to be maintained in good condition by the property owner.
62. 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
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Exhibit "A"
Conditional Use Permit No. 2004- 01/Tentative Tract Map No. 16671
Conditions of Approval
Page 9
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.
63. 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 approval.
Please contact the OCFA at (714) 573 -6100 for additional information.
64. Prior to the issuance of a certificate of occupancy, this system shall be operational in a
manner meeting the approval of the Fire Chief.
65. Prior to the issuance of a building permit for combustible construction, the builder shall
submit a letter on company letterhead stating that water for fire - fighting purposes and all -
weather fire protection access roads shall be in place and operational before any
combustible material is placed on -site. Building permits will not be issued without OCFA
approval obtained as a result of an on -site inspection. Please contact the OCFA at (714)
573 -6100 to obtain a copy of the standard combustible construction letter.
66. 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 Orange County Fire
Authority at (714) 573 -6100 for a copy of the Site /Architectural Notes to be placed on the
plans prior to submittal.
67. Prior to the issuance of a building permit, plans for the fire alarm system shall be
submitted to the Fire Chief for review and approval. Please contact the OCFA at (714)
573 -6100 or visit the OCFA website to obtain a copy of the "Guidelines for New and
Existing Fire Alarm Systems."
68. This system shall be operational prior to the issuance of a certificate of use and
occupancy.
POLICE CONDITIONS
69. The property address shall be posted, with minimum six -inch (6 ") high numbers, on the
north and south elevations of the building.
CITY COUNCIL CONDITION
70. The CC &R's for the project shall contain a provision prohibiting the parking of
vehicles in the area between the alley and the garages. Signs shall be posted stating
that parking in front of the garages is specifically prohibited.
Revised & Effective 4 -26 -2005
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