Resolution No. 5070469
RESOLUTION NO. 5070
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT NO. 98 -16 WITH CONDITIONS FOR
THE DEVELOPMENT OF THIRTY (30) SINGLE - FAMILY HOMES AT THE NORTH END
OF GAY STREET AND DENNI STREET.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an amended application was filed for a conditional use permit in accordance
with the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress for minor
modifications to the site plan for the construction of thirty (30) single family homes located at the
north end of Gay and Denni Streets, within the RS -5,000 Residential Single - family Zone.
(Rezone pending)
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 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 -5,000 Residential
Single - family Zone in which the site is located, which is:
Intended as an area for small -lot single - family urban residential
development, at a maximum density based on one (1) dwelling unit per
5,000 square feet of gross lot area with fractional units rounded to the
nearest whole number.
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 revised, complies with the General Plan and the
Zoning Ordinance for the zone in which it is located.
(2) There is sufficient infrastructure to accommodate this development
within the single - family zone.
(3) The project, as revised, provides an aesthetically pleasing
development that will be compatible with the existing residential neighborhoods.
c. The revised project, as conditioned, will comply with each of the
applicable provisions of the Cypress Zoning Ordinance, except for approved variances.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Amendment to Conditional Use Permit No. 98 -16, subject to the
conditions attached hereto as Exhibit "A" and incorporated herein by reference.
PASSED AND ADOPTED by the City Council of the City of Cypress at an adjourned
regular meeting held on the 15th day of March , 199
040
MAYOR OF THE CITY OF CYPRESS
470
ATTEST:
oh, 1,4„,___L
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 an adjourned regular meeting of the said City
Council held on the 15th day of March , 1999, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Piercy, Sondhi
and Keenan
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
471
EXHIBIT "A"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 98 -16
CONDITIONS OF APPROVAL
Bolded Conditions Represent Those Specific To This Project.
ENGINEERING CONDITIONS
1. All applicable conditions of Conditional Use Permit No. 98 -16 shall apply.
2. 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 shall be satisfied. The tract map shall be recorded prior to the issuance of
Building permits.
3. Upon separate ownership of parcels, reciprocal easements shall be recorded and
agreements filed with the City governing joint use and maintenance of drive approaches,
drainage, onsite parking, irrigation system, etc.
4. Drainage shall be solved to the satisfaction of the City Engineer. A grading and drainage
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
onsite drainage conveyed to the street shall be by means of an under - sidewalk drain. All
lots 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%).
5. 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.
6. The twenty -eight foot (28') wide private driveway that serves parcels 15, 16, and 17
and the twenty foot (20') private driveway that serves parcels 22, 23, and 24 shall be
constructed of concrete in conformance with City standards.
7. All proposed street names for newly created streets, whether public or privately owned,
shall be subject to the approval of City staff. The developer shall submit to the City a list
of three (3) proposed names and the new street names shall be taken from this list or as
recommended by City staff. New streets that align with existing streets shall use the
existing street name.
• Community Development Department • Planning Division •
472
Exhibit "A"
Amendment to Conditional Use Permit No. 98 -16
Conditions of Approval
8. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Final Subdivision Map Filing Fee (Per Resolution 4001).
• Engineering Plan Check & Inspection Fee (Per Resolution 2964).
• Park and Recreation Fee (Per Ordinance No. 769)
Page 2
• City -wide Traffic Improvement Fee (Per Resolution 4348 and current fee
Resolution).
• Regional Traffic Improvement Fee (Per Resolution No. 4400)
• Sanitary Sewer Connection Fee (Per Orange County Sanitation District, No. 3,
Resolution 308).
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• School assessment fees (Mitigation Measure No. 24)
• Drainage Fee for Master Drainage Plan (Per Resolution 2287)
• All applicable Building Division fees.
• Advances Street light Energy Fee (For one (1) year period).
9. 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 (§ 2100 et seed. - 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.
COMMUNITY DEVELOPMENT CONDITIONS
10. 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.
• Community Development Department • Planning Division •
Exhibit "A"
Amendment to Conditional Use Permit No. 98 -16
Conditions of Approval
Page 3
473
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.
11. Utilities shall not be released and Certificate of Occupancies shall not be issued until all
conditions of approval of Conditional Use Permit No. 98 -16 and Amendment to
Conditional Use Permit have been met to the satisfaction of the Community Development
Department.
12. Exterior Elevations for the third car garage shall be submitted for Planning
Department approval prior to the issuance of building permits.
13. At least sixty (60) days prior to the issuance of Certificate of Occupancies, the applicant
shall submit a detailed landscape and automatic irrigation plan to the Community
Development Department for review and approval. In addition, a bond shall be posted
with the Public Works Department to guarantee against defects in plant materials and
workmanship.
14. Landscaping shall be provided on the west side of the interior street closest to Gay
Street subject to the approval of the Community Development Department. The
proposed landscaping shall be illustrated on the required landscape plan.
15. The developer shall install mature landscaping within the rear yards of the properties
adjacent to the property located at 8162 Gay Street to reduce any potential visual
and noise impacts from the development. The landscaping shall be capable of
providing a solid screen within one year from the time of planting.
15a. The existing mature pepper tree on the project site along Gay Street shall be boxed
and replanted following grading and construction of the project. In the event one or
both of the trees dies either prior to replanting or within one year after replanting,
the developer shall replace such tree with a like species and variety at a 36 inch box
size.
16. An eight foot (8') high block wall shall be constructed along the east and south
property lines of the property located at 8162 Gay Street.
17. 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 appearance.
• Community Development Department • Planning Division •
474
Exhibit "A" Page 4
Amendment to Conditional Use Permit No. 98 -16
Conditions of Approval
18. The second story windows located on the side of the building elevations adjacent to
the neighboring side yard property shall be clerestory, or shall have the bottom of
the window sill at a height no lower than six feet (6') in height as measured from the
floor of the subject room.
19. The house located on Lot 25 as shown on Tentative Tract Map No. 15754 shall have
the chimney located on the south side of the residence. A chimney may be located on
the north side of that residence only if (a) it is for a gas burning fireplace containing
artificial non -wood burning logs and (b) the buyer executes a covenant
acknowledging that no wood or paper products may be burned in the fireplace, that
the buyer is aware that use of such materials creates a fire risk at the property
located at 8162 Gay Street, and that the City may require the buyer to remove the
chimney and fireplace in the event the covenant is breached. The foregoing covenant
shall be recorded and shall run with the land.
20. 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 Committee approval 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.
21. 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) 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 for the project granted herein shall be void.
22. Occupancy permits for the last ten (10) units in the Project shall not be issued until
substantial actual construction of the Gay Street Drainage System has been
completed.
BUILDING CONDITIONS
23. Applicant/developer shall comply with applicable provisions of the 1994 Uniform
Building, Plumbing and Mechanical Codes, 1993 National Electrical Code, California
Code of Regulations, Title 24, and the Code of the City of Cypress.
24. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed.
25. Type 5 cement shall be used for all foundations and slabs on grade, unless otherwise
indicated by the soils engineer.
26. Wheelchair and handicap access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Building Division standards.
• Community Development Department • Planning Division •
475
Exhibit "A"
Amendment to Conditional Use Permit No. 98 -16
Conditions of Approval
Page 5
27. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier, unless otherwise indicated by the soils engineer.
28. 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.
*29. 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 Department for
approval. The report shall specify design parameters necessary to remediate any soils and
geologic hazards.
*30. Precise grading plans shall include an Erosion, Siltation and Dust Control Plan for the
approval of the City Building Department. 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 on -site.
This plan shall also demonstrate compliance with South Coast Air Quality Management
District Rule 403, which regulates fugitive dust control.
*31. 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).
*32. Construction activities shall be limited to the hours of between 7:00 a.m. and 7:00 p.m.
Monday through Saturday. No construction activity shall be allowed on Sunday. In
addition, construction equipment should be equipped with effective muffling devices.
Compliance with this measure is subject to field verification by City staff.
*33. 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.
34. Construction bins for non - recyclable and recyclable materials generated from any
construction site must be placed "onsite" out of the public right -of -way. (Example:
Street side of curb is public right -of -way and therefore not allowed.)
35. 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.
• Community Development Department • Planning Division •
476
Exhibit "A"
Amendment to Conditional Use Permit No. 98 -16
Conditions of Approval
FIRE AUTHORITY CONDITIONS
Page 6
36. A "No Parking" sign shall be placed at the entrance to the private driveway located at the
north part of the development indicating that parking is prohibited within the alley area.
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. The
CC &R's, or other approved documents, shall contain a fire lane map and provisions
which prohibit parking in the fire lanes. The method of enforcement shall be
documented.
Effective Date 03/16/99
• Community Development Department • Planning Division •