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Resolution No. 5061437 RESOLUTION NO. 5061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 98 -17 - 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, Division 7 of the Zoning Ordinance of the City of Cypress to construct nine (9) detached residential units located at 9122 Walker Street and 5522 Camp Street within the PC Planned Community Zone (Lincoln Avenue Specific Plan: CM Commercial Mixed Use District). 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 fmds that: a. The proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purpose of the PC Planned Community Zone, CM Commercial Mixed Use District in which the site is located, which is: Intended as an area allowing community serving retail and multi - family residential uses with the primary land uses consisting of retail, restaurant, office, personal services, and multi - family residential uses. 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 project, as proposed, complies with the General Plan, the Lincoln Avenue Specific Plan, and the Zoning Ordinance for the zone in which it is located, (2) There is sufficient infrastructure to accommodate this development within the PC Planned Community Zone. (3) The project design and architectural style are compatible with existing development in the surrounding area. c. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance with the exception of a proposed reduction distance between curbs and structures subject to the approval of a Variance which has been submitted with this project. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Conditional Use Permit No. 98 -17, 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 8th day of February , 1999. MAYOR OF THE CITY OF CYPRESS 438 ATTEST: CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, LILLIAN M. HAINA, 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 8th day of February , 1999, by the following roll call vote: AYES: 3 COUNCIL MEMBERS: McCoy, Piercy and Sondhi NOES: 2 COUNCIL MEMBERS: McGill and Keenan ABSENT: 0 COUNCIL MEMBERS: None oNit,•_,*_ . 46.4„26,, CITY CLERK OF THE CITY OF CYPRESS 439 EXHIBIT "A" Conditional Use Permit No. 98 -17 9122 Walker Street & 5522 Camp Street CONDITIONS OF APPROVAL Bolded Conditions Are Those Specific to This Project * - Mitigation Measures ENGINEERING CONDITIONS 1. The developer shall conform to all applicable provisions of the Code of the City of Cypress. All requirements of the State Subdivision Map Act, and the City's Subdivision Ordinance and Zoning Ordinance shall be satisfied. A Tract Map shall be recorded prior to issuance of Building Division Permits. 2. 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 by the City Engineer. 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 on site drainage conveyed to the street shall be by means of an under - sidewalk drain. On site landscape areas shall have a slope gradient of one percent (1 %) minimum. In parking areas, A.C. 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 (0.2 %). 3. A minimum six foot (6') high slump stone or similar type block wall shall be constructed along the south, east, and west property lines in accordance with City Code requirements. 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 ") as measured from the highest adjacent finished grade. A six -inch (6 ") concrete curb shall be constructed per City standards to protect all block walls and structures exposed to vehicular traffic. The property lines shall have a single block wall only and the developer shall obtain and submit to the City written permission or denial of the adjacent property owner. Grade separation shall not exceed two feet (2') between adjacent properties. 4. 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 City Engineer and the Fire Marshall. The developer of • Community Development Department • Planning Division • 440 Exhibit "A" Conditional Use Permit No. 98 -17 Conditions of Approval Page 2 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. 5. Wheelchair and handicapped access facilities shall be installed on site and off site in accordance with the State of California and the City of Cypress Public Works Department standards. 6. Installation of cable television shall be subject to City Ordinance No. 726. Prior to construction, the developer shall contact Media One at (310) 259 -2117 or Time Warner Communications at (714) 895 -8686, whichever is applicable to the area, for specifications and procedures for prewire of the building and installation of the service wiring. Necessary permits shall be obtained at the City. 7. The developer shall provide mailbox facilities for each residence to the satisfaction of the Public Work Director, Community Development Director and Postmaster. 8. 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. 9. Walker Street, Camp Street and Nelson Street shall be fully improved with curb, gutter, sidewalk, driveway, driveway closure, catch basin relocation, etc. in accordance with the City's Code requirement for streets. The existing wheelchair ramps at the corner of Walker and Camp Street, and Walker and Nelson Streets shall be rebuilt to ADA standards. 10. The quantity, location, width, and type of driveways shall be subject to the approval of the City Engineer. An effective site distance for vehicular traffic shall be maintained at the intersection of the driveway entrances with streets. No landscaping in excess of three feet (3') high will be allowed in the area of curb returns. Adequate sight distance also shall be maintained within the development at all driveway intersections to the satisfaction of the City Engineer. 11. All utility services shall be underground. Trenching and backfill in streets shall be per City of Cypress Standard No. 110. Arterial streets 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. 12. Street lights on marbelite standards shall be installed per Southern California Edison Company requirements. Traffic signs shall be installed or repaired per City Standards. • Community Development Department • Planning Division • Exhibit "A" Conditional Use Permit No. 98 -17 Conditions of Approval Page 3 441 13. Street trees (15- gallon) fifty -two feet (52') on center shall be installed in back of the public sidewalk in conformance to the street tree policy of the Public Works Department and shall be incorporated with the on site landscape plan. The type of trees shall be as required by the City's street tree ordinance. Landscaping in the public right -of -way shall be maintained by the developer. 14. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer laterals connecting existing buildings at this property shall be plugged at the property line. 15. On Walker, Camp, and Nelson Streets landscaping shall be installed in the landscape strip between the public sidewalk and property line. This landscaped area shall be maintained by the private property owners. A landscape and irrigation plan shall be submitted for approval by the City and a bond posted by the applicant to guarantee against any defects in plant materials and workmanship. A soils report for all planting areas, prepared by a qualified agricultural laboratory, shall be submitted to the Public Works Department for approval at least thirty (30) days prior to planting date. Test results shall include concentration of nitrogen, phosphorus, potassium, pH, salinity, sodium status, and boron saturation extract. Additionally, an agreement shall be executed by the developer to provide for ongoing maintenance. 16. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: • Final Subdivision Map Filing Fee (Per Resolution No. 4001). • Engineering Plan Check & Inspection Fee (Per Resolution Nos. 2964 & 4001). • Park and Recreation Fee (Per Ordinance No. 769). • Drainage Fee for Master Drainage Plan (Per Resolution No. 2287). • City -wide Traffic Improvement Fee (Per Resolution No. 4348 & current fee resolution). • Regional Traffic Improvement Fee (Per Resolution No. 4400). • Sanitary Sewer Connection Fee (Per Orange County Sanitation District No. 3 Resolution No. 308). • Advanced Street Light Energy Fee (For one (1) year period). • Grading Plan Check and Permit (Per Resolution Nos. 2964, 3662, 4001 & 4220). • All applicable Building Division fees. • Community Development Department • Planning Division • 442 17. 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 (Section 2100 et seq. - including but not by way of limitation Sections 21152 & 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, the developer shall not thereafter be responsible to defend, indemnify, or hold harmless the City. *18. Prior to issuance of a grading permit, a 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. 1) *19. Precise grading plans shall include an Erosion, Siltation and Dust Control Plan for the approval of the City Building Division. The Plan's provisions may include sedimentation basins, sand bagging, soil compaction, revegetation, temporary irrigation, scheduling and time limits on grading activities, and 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. 2) *20. Prior to issuance of building permits, the applicant shall submit for approval of the City Public Works Department, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMP's) that will be used onsite to control predictable pollutant runoff. (Mitigation Measure No. 3) PLANNING CONDITIONS 21. All applicable condition of Conditional Use Permit No. 98 -17 shall be complied with prior to the occupancy of the subject buildings. 22. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Community Development Director. 23. Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 98 -17 will require an amendment to the conditional use permit. • Community Development Department • Planning Division • Exhibit "A" Conditional Use Permit No. 98 -17 Conditions of Approval Page 5 443 24. All requirements of the Orange County Fire Marshall's Office shall be complied with prior to a Certificate of Occupancy being issued. 25. 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. 26. 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. 27. Screen landscaping shall be planted along the east and south property lines that are adjacent to the existing single -story dwellings to the satisfaction of the Cypress Planning Division. Screen landscaping shall be capable of screening the view from the second story windows within one (1) year from the date of planting. 28. 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 the installation of additional perimeter landscaping, window coverings, and /or opaque windows as determined appropriate by the Design Review Committee. 29. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. 30. All walls and fences shall be maintained free of significant surface cracks, dry rot, warping, missing panels, or blocks which threaten the structure's structural integrity or appearance. 31. 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. 32. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a variety approved by the Community Development Director. 33. Within forty -eight (48) hours of the approval of the project, the applicant /developer shall deliver to the Community Development Department a check payable to the County Clerk Recorder in the amount of thirty -eight dollars ($38.00) for the County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152. 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 of the project granted herein shall be voided. • Community Development Department • Planning Division • 444 Exhibit "A" Conditional Use Permit No. 98 -17 Conditions of Approval Page 6 34. The den /optional fourth bedroom shall be maintained as a den and shall not be converted or used as bedroom area. 35. 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. BUILDING CONDITIONS 36. Applicant /developer shall comply with applicable provisions of the 1994 Uniform Building, Plumbing and Mechanical Codes, 1993 National Electrical Code, California Administrative Code, Title 24, and the Cypress City Code. 37. An automatic fire sprinkler system, approved by the Fire Marshall will be required. 38. Type 5 cement shall be used for all foundations and slabs on grade. 39. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. moisture barrier. 40. A soil investigation report shall be submitted with the plans for plan check. The report shall include soil bearing capacity, seismic study, grading, paving, sulfate test, and other pertinent information under good engineering practice. 41. Construction bins for non - recyclable and recyclable materials generated from any construction site (residential and non - residential) must be placed "onsite" out of the public right -of -way. (Example: street side of curb is public right -of -way. Not allowed.) 42. 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. *43. 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. (Mitigation Measure No. 4) • Community Development Department • Planning Division • Exhibit "A" Conditional Use Permit No. 98 -17 Conditions of Approval Page 7 445 *44. Construction activities shall be limited to the hours of between 7:00 a.m. and 8:00 p.m., Monday through 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 inspections by City staff pursuant to Municipal Section 13.70 (e). (Mitigation Measure No. 5) POLICE CONDITIONS 45. Common areas not designated for guest parking should be kept clear at all times. The curbs inside the development should be painted red for fire lane purposes and parking restrictions should be posted throughout the development. 46. Back lit address signs shall be installed next to each garage door for easy identification by Police and Fire Departments. FIRE AUTHORITY CONDITIONS 47. Prior to the recordation of any subdivision map, the applicant shall submit water improvement plans to the Fire Chief for review and approval to ensure adequate fire protection and financial security is posted for the installation. The water system design, location of valves, and the distribution of the fire hydrants will be evaluated and approved by the Fire Chief. 48. Prior to the recordation of any subdivision map or the issuance of any building permits, whichever occurs first, the applicant shall submit to the Fire Chief evidence of the on -site fire hydrant system and indicate whether it is public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to the issuance of building permits. Provisions shall be made by the applicant for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. 49. Prior to the issuance of any building permits, a note shall be placed on the plan stating that all residential structures shall be protected by an automatic fire sprinkler system, in a manner meeting the approval of the Fire Chief. 50. Prior to the recordation of a subdivision map, the applicant shall obtain approval of the Fire Chief of all fire protection access easements and shall dedicate them to the City of Cypress. The CC &R's shall contain provisions which prohibit obstructions within the fire protection access easement. The approval of the Fire Chief is required for any modifications such as speed bumps, control gates or other changes within said easement. 51. Prior to the issuance of any grading permits, the applicant shall submit and obtain approval of preliminary plans for all streets and courts, public or private, from the Fire Chief in consultation with the Manager, Traffic Engineering. The plans shall include the plan view, • Community Development Department • Planning Division • 446 sectional view, and indicate the width of the street or court measured flow line to flow line. All proposed fire apparatus turnarounds shall be approved by the Fire Chief and be clearly marked when a dead -end street exceeds 150 feet or when other conditions require it and comply with the OCFA Guideline requirements for apparatus turnarounds. 52. Prior to the issuance of any grading permits, the applicant shall submit and obtain approval from the Fire Chief for street improvement plans with fire lanes shown. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. 53. Prior to the issuance of the certificate of use and occupancy the approved fire lane marking plan shall be installed. The CC &R's shall contain a fire lane map and provisions which prohibit parking in the fire lanes. A method of enforcement shall be included. 54. Prior to the issuance of any grading permits, the applicant shall submit and obtain the Fire Chief's approval of the construction details for any access gates. Contact the Orange County Fire Authority Plan Review Section at (714) 744 -0403 for a copy of the "Guidelines for Fire Authority Emergency access". 55. Prior to the issuance of any building permits for combustible construction, the developer shall submit and obtain the Fire Chief's approval of a letter and plan stating that water for fire fighting purposes and an all weather fire access road shall be in place and operational as required by the Uniform Fire Code before any combustible materials are placed on site. 56. Prior to the issuance of any building permits, an Orange County Fire Authority Water Availability Form shall be submitted to and approved by the Plan Review Section of the Orange County Fire Authority. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system shall be installed in each structure, in a manner meeting the approval of the Fire Chief. 57. Prior to the issuance of any building permits, plans for the automatic fire sprinkler system shall be submitted to and approved by the Fire Chief prior to installation. These systems shall be operational prior to the issuance of a certificate of use and occupancy. 58. Prior to approval of a site development /use permit, or the issuance of a building permit, whichever occurs first, the applicant shall submit plans for the review and approval of the Fire Chief. The applicant shall include information on the plans required by the Fire Chief. Contact the Orange County Fire Authority Plans Review Section at (714) 744 -0403 for the Fire Safety Site /Architectural Notes to be placed on the plans. • Community Development Department • Planning Division • Exhibit "A" Conditional Use Permit No. 98 -17 Conditions of Approval Page 9 447 59. Prior to the issuance of any certificate of use and occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating its location on the street or drive per the Orange County Fire Authority Standard and approved by the Fire Chief. On private property these markers are to be maintained in good condition by the property owner. Effective 2/8/99 • Community Development Department • Planning Division •