Resolution No. 4840142
RESOLUTION NO. 4840
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE NO. 97 -25 - 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 Design Review Committee permit in
accordance with the provisions of Section 18.2 of the Zoning Ordinance of the City of Cypress to
allow the construction of a single -story structure, designed with the potential to accommodate a
residential family care facility serving less than six (6) elderly residents. This structure is located
at 5401 Bishop Street within the RM -20 Residential Multiple Family Zone.
2. That in accordance with Section 18.3 of the Cypress Zoning Ordinance, the
Design Review Committee reviewed and approved this project on August 14, 1997.
3. That in accordance with Section 18.4 of the Cypress Zoning Ordinance, the
decision of the Design Review Committee on this project was reported to the City Council on
August 25, 1997, during a public meeting of the City Council.
4. That in accordance with Section 18.4 of the Cypress Zoning Ordinance, the
effective date of the Design Review Committee's decision to approve this project shall be the date
of acceptance by the City Council, and upon receipt by the Community Development Department
of an agreement to any conditions of approval signed by the applicant.
5. That the City Council hereby finds that:
a. The proposed location of the project is in accord with the objectives of the
Zoning Ordinance and the purpose and intent of the zone in which the site is located, which is:
Intended as an area for the development of apartments, condominiums,
townhouses or other group dwellings with provisions for adequate light,
air, open space and landscaped area at maximum densities of twenty (20.0)
dwelling units per acre. Only those additional uses are permitted that are
complimentary to, and can exist in harmony with, such residential
developments.
b. The proposed location of the project 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 design of the single -story structure is compatible and
consistent with the existing, including size and exterior building materials and
color.
(2) The single -story structure is compatible with surrounding
properties within the RM -20 Residential Multiple - Family Zone.
c. The project, 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 Design Review Committee No. 97 -25, 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 25th day of August , 1997.
MAYOR OF THE CITY OF CYPRESS
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 25th day of August , 1997, by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Keenan, Piercy and Carroll
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Jones
ABSTAINED: 1 COUNCIL MEMBERS: Bowman
CI THE CITY OF CYPRESS
CITY CL RK OF
143
144
EXHIBIT "A"
Design Review Committee No. 97 -25
5401 Bishop Street
CONDITIONS OF APPROVAL
*Denotes Mitigation Measures
Bolded conditions represent those specific to this project.
GENERAL CONDITIONS
1. 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.
2. 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.
3. The applicant/developer shall comply with all provisions of the Code of the City of
Cypress
4. 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 Thirty -Eight Dollars ($38.00) 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.
• Community Development Department • Planning Division •
145
Exhibit "A"
Design Review Committee No. 97 -25
Conditions of Approval
ENGINEERING CONDITIONS
Page 2
5. 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. Onsite
landscape 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 %).
6. 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 "), and measure from the highest 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 the written
permission of denial of the adjacent property owner. Grade separation shall not exceed two
feet (2') between two (2) adjacent properties.
7. The developer shall provide mailbox facilities for each residence, to the satisfaction of the
Public Works 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. Bishop Street shall be dedicated and fully improved with curb, gutter, sidewalk, driveway,
paving, etc., in accordance with the City's Code requirement of streets.
10. All utility services shall be underground. Trenching and backfill in streets shall be per City
of Cypress Standard No. 110.
11. Street trees (15 gallon) fifty -two feet (52') on center shall be installed in back of public
sidewalk in conformance to the street tree policy of the Public Works Department and shall
be incorporated with the onsite landscape plan. The type of trees shall be as required by the
City's street tree ordinance. Landscaping in Public Right -of -Way shall be maintained by the
developer.
• Community Development Department • Planning Division •
146
Exhibit "A"
Design Review Committee No. 97 -25
Conditions of Approval
Page 3
12. 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.
13. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Engineering Plan Check & Inspection Fee (Per Resolution 2964 and 4001).
• Park and Recreation Fee (Per Ordinance 769).
• Drainage Fee for Master Drainage Plan (Per Resolution 2287).
• Traffic Impact Mitigation Fee (Per Ordinance 911 and current fee Resolution).
• Sanitary Sewer Connection Fee (Per Orange County Sanitation District, No. 3,
Resolution 308).
Advanced Street Light Energy Fee (For one (1) year period).
• Grading Plan Check and Permit (Per Resolution 2964, 3662, 4001, and 4220).
• All applicable Building Division fees.
14. The quantity, location, width, and type of driveways shall be subject to the approval of the
City Engineer.
COMMUNITY DEVELOPMENT CONDITIONS
15. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
16. 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.
17. 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.
18. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
• Community Development Department • Planning Division •
147
Exhibit "A"
Design Review Committee No. 97 -25
Conditions of Approval
Page 4
19. The property shall be maintained free of the accumulation of trash and debris. Trash and
debris associated with the permitted uses are to be stored solely in designated trash
enclosures.
20. 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.
21. The applicants shall comply with all necessary requirements of the California Department
of Social Services, County of Orange Health Department, County of Orange Fire Marshal's
Office, and the City of Cypress Building and Community Development Department prior to
operation of a residential care facility.
22. If the operation of a residential care facility at the subject site creates any noise or parking
problems impacting adjacent property owners, measures shall be taken to resolve the
problem. These measures shall be subject to Design Review and may consist of, but not be
limited to, requirements for additional perimeter landscaping and/or additional onsite
parking spaces, as determined appropriate by the Design Review Committee.
23. All applicable conditions of Design Review Committee Permit No. 97 -25 shall be complied
with prior to occupancy of the subject building.
24. The operation of a community care facility at the subject site shall be required to provide .5
parking spaces per bed in the facility. Should such a facility contain more than four (4)
beds, the applicant/developer /property owner shall submit a parking plan illustrating the
required number of additional onsite parking spaces, for review and approval by the Design
Review Committee..
BUILDING CONDITIONS
25. 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.
26. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed.
27. Applicant/developer shall comply with all disclosure requirements of the South Coast Air
Quality Management District for exhaustion of air contaminants.
28. Type 5 cement shall be used for all foundations and slabs on grade.
29. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
30. Applicant/developer shall use fire retardant wood shingles for the roof, if applicable.
• Community Development Department • Planning Division •
148
Exhibit "A"
Design Review Committee No. 97 -25
Conditions of Approval
Page 5
31. A soil investigation report shall be submitted with the plans for plan check. Report shall
include soil bearing capacity, seismic study, grading, paving, sulfate test and other pertinent
information under good engineering practice.
FIRE AUTHORITY CONDITIONS
32. All requirements of the Orange County Fire Marshal's Office shall be complied with prior
to a Certificate of Occupancy being issued.
33. Plans for the automatic fire sprinlders for the building shall be submitted to and approved
by the Fire Chief prior to issuance of any building permits. This system shall be operational
prior to the issuance of a Certificate of Occupancy.
Effective 8/25/97
• Community Development Department • Planning Division •