Resolution No. 4855200
RESOLUTION NO. 4855
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 97 -11 - 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 17.2 of the Zoning Ordinance of the City of Cypress to develop
a fourteen (14) unit detached condominium project located at 8621 Walker Street
within the RM -15 Residential Multiple Family Zone.
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 of the Medium Density Residential
Multiple Family Zone in which the site is located, which is:
Intended as an area for the development of medium density apartments,
condominiums, townhouses or other group dwellings with provisions for
adequate light, air, open space and landscaped area at maximum densities
of fifteen (15.0) 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 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 and the
Zoning Ordinance for the zone in which it is located.
(2) There is sufficient infrastructure to accommodate this development
within the Residential Multiple - Family zone.
(3) The project is of an architectural style that compliments existing
developments in the surrounding area.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance,
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Conditional Use Permit No. 97 -11, 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 22nd day of September , 1997.
Yo),,
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
201
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 22nd day of September , 1997, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Jones, Keenan, Piercy and
Carroll
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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CITY CL RK OF THE CITY OF CYPRESS
202
EXHIBIT "A"
Conditional Use Permit No. 97 -11
8621 Walker Street
CONDITIONS OF APPROVAL
*Bolded Conditions Are Those Specific To This Project
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 Department Permits.
2. 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.
3. 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. 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 (l.5 %) or as approved by the
City Engineer, and concrete shall have a minimum slope gradient of two- tenths percent.
(.2 %).
4. 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. Grade separation shall not exceed two feet (2') between two adjacent properties.
5. For landscaping within the public right -of -way, 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.
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Exhibit "A"
Conditional Use Permit No. 97 -11
Conditions of Approval
Page 2
6. Installation of Cable T.V. shall be subject to the City Ordinance No. 726. Prior to
construction, the developer shall contact Copley /Colony, Inc. (Phone: (714) 826 -8680) or
Paragon Cable (Phone: (714) 898 - 3800), 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 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. The Walker Street right -of -way shall be dedicated and fully improved with curb, gutter,
sidewalk, driveway, paving, etc., in accordance with the City's Code requirement of Streets.
Walker Street shall have a total right -of -way width of forty -two feet (42') which includes an
additional ten feet (10') wide tree planting, and public utility easement on each side of the
street
10. 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.
11. On local streets, structural sections shall be based on the recommendation and soils report
prepared by an engineering firm acceptable to the City Engineer, with street structural
sections to be determined by using an applicable T.I. (Traffic Index) but shall be not less
than 3" A.C. over 6" A.B. The City shall provide the soils report for all arterial streets. The
minimum flowline grade in streets shall be two - tenths percent (0.20 %), and the minimum
A.C. crossfall shall be two percent (2 %).
12. The quantity, location, width, and type of driveways shall be subject to the approval of the
City Engineer.
13. Wheelchair and handicapped access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Public Works Department
standards.
14. All utility services shall be underground. Trenching and backfill in streets shall be per City
of Cypress Standard No. 110. 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.
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Exhibit "A"
Conditional Use Permit No. 97 -11
Conditions of Approval
Page 3
15. 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.
16. 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.
17. 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.
18. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Final Subdivision Map Filing Fee (Per Resolution No. 2964).
• Engineering Plan Check & Inspection Fee (Per Resolution 2964).
• Park and Recreation Fee (Per Ordinance 769).
• Drainage Fee for Master Drainage Plan (Per Resolution 2287).
• City -wide Traffic Improvement Fee (Per Resolution 4348 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).
• All applicable Building Division fees.
19. 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 sec,. - including but not by way of limitation § 21152 and 21167). City
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205
Exhibit "A"
Conditional Use Permit No. 97 -11
Conditions of Approval
Page 4
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.
PLANNING CONDITIONS
20. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
21. All applicable conditions of Conditional Use Permit No. 97 -11 shall be complied with prior
to occupancy of the subject building.
22. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 97 -11 will require an amendment to the conditional use permit.
23. All requirements of the Orange County Fire Marshal's Office shall be complied with prior
to a Certificate of Occupancy being issued.
24. 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 determined to the public health, safety, or welfare, or materially injurious to
properties or improvements in the vicinity.
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. Footings for the fence constructed between the units shall be constructed of concrete.
27. The developer shall provide an adequate number of trash enclosures onsite and at a location
acceptable to City staff. Construction bins must be maintained onsite. Bin rental shall be
contracted through Briggeman Disposal.
28. 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.
29. 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. 97 -11
Conditions of Approval
Page 5
30. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
31. 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.
32. 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.
33. 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.
34. 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.
*35. Parking shall be prohibited within unassigned parking areas. The CC &R's shall
reflect this condition.
*36 Walkways shall be installed from side yards through planters areas for trash bins
access.
*37. A lighting plan shall be submitted to the Community Development Department prior
to obtaining Building Permits for safety review.
*38. Project shall not violate air quality standards due to construction activities. Dust shall
be controlled during demolition of existing structures as well as during construction.
(Mitigation Measure No. 1)
*39 Construction activities shall be limited to the hours of between 7a.m. and 8p.m.,
Monday through Saturday. No construction activity shall be allowed on Sundays or
federal holidays. In addition, construction equipment should be equipped with
effective muffling devices. Compliance with this measure is subject to field inspections
by City staff pursuant to Municipal Code Section 13 -70 (e).) (Mitigation Measure No.
2)
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Exhibit "A"
Conditional Use Permit No. 97 -11
Conditions of Approval
Page 6
*40. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic. (Mitigation Measure No. 3)
BUILDING CONDITIONS
41. 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.
42. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed.
43. Type 5 cement shall be used for all foundations and slabs on grade.
44. Applicant/developer shall use fire retardant wood shingles for the roof, if applicable.
45. 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.
46. An acoustical report shall be submitted with the plans for plan check. Report shall meet all
the requirements of the Uniform Building Code and Title 24 of the California Code of
Regulations.
47. The landscaping and irrigation plans must be included in original plan check submittal.
48. Construction bins for non - recyclable and recyclable materials generated from any
construction site (residential) must be placed "onsite" out of the public right -of -way.
(Example: Street side of curb is public right -of -way. Not allowed.)
FIRE AUTHORITY CONDITIONS
49. Prior to the recordation of a final tract/parcel map, water improvement plans shall be
submitted to and approved by the Fire Chief to ensure adequate fire protection and financial
security is posted for the installation. The water system design, location of valves, and the
distribution of fire hydrants will be evaluated and approved by the Chief.
50. Prior to the issuance of any building permits for combustible construction, a letter and plan
from the developer shall be submitted to and approved by the Fire Chief. This letter and
plan shall state that water for fire fighting purposes and an all weather fire access road shall
be in place before any combustible materials are placed on the site.
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Exhibit "A"
Conditional Use Permit No. 97 -11
Conditions of Approval
Page 7
51. Prior to the issuance of any building permits, an Orange County Fire Authority Water
Availability Form shall be submitted to and approved by the Engineering 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.
52. Prior to the issuance of any certificates 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. On private property, these markers are to be
maintained in good condition by the property owner.
53. 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. This system shall
be operational prior to the issuance of a Certificate of Use and Occupancy.
54. Prior to the issuance of any grading permits, plans for all streets and courts, public or
private, shall be submitted to and approved by the Fire Chief. The plans shall include
sectional views, and indicate the width measured flow line to flow line. All proposed fire
apparatus turnarounds shall be clearly marked.
55. 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 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.
56. 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 County /City.
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 in within said easement.
57. A. Prior to the issuance of any grading permits, the applicant shall submit and obtain
approval from the Fire Chief for street improvements 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.
B. Prior to the issuance of the certificate of use and occupancy of the approved fire land
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.
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Exhibit "A"
Conditional Use Permit No. 97 -11
Conditions of Approval
Page 8
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.
NEW CONDITIONS APPROVED BY COUNCIL ON SEPTEMBER 22, 1997
59. All units shall be limited to three (3) bedrooms. The CC &R's shall reflect that no conversion of
loft to a fourth bedroom shall be permitted.
60. Three (3) additional open parking stalls shall be located onsite and approved by Community
Development Department prior to obtaining building permits.
61. All decorative paving illustrated on 24' primary driveway shall be installed as illustrated.
Revised 9/23/97
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