Resolution No. 4884289
RESOLUTION NO. 4884
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 97 -12 - 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 allow the
construction of two (2) additional apartment units on a lot containing two (2) existing detached
apartment units, located at 4859 -4861 Merten Avenue within the RM -20 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 RM -20 Residential Multiple
Family 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)
dwelling units per acre.
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 proposed project as designed is consistent with the goals and
provisions of the Cypress Zoning Ordinance regarding existing non - conforming
structures and uses, because the project includes the relocation of existing
structure walls, where feasible, to meet existing building setback requirements.
Additionally, the proposed new two -story apartment structure meets all current
development standards and provides additional covered parking spaces to bring all
units on the subject site into conformity with current parking requirements.
Therefore, the proposed development will not increase the non - conformity of the
subject property.
(2) The proposed project design is internally consistent compatible
with surrounding one- and two -story residential developments, because it includes
architectural features which off -set the height difference between the existing one-
story and the proposed two -story structures on the subject property.
(3) The proposed project design represents the best feasible
redevelopment of the property, which is located within a County redevelopment
project area, because, it includes the refurbishing of the existing two (2) apartment
structures with materials matching those of the proposed new structure.
(4) The Design Review Committee determined the proposed project is
consistent with the goals of the City's design review process as set forth in Section
18.1 of the Cypress Zoning Ordinance, because the project design presents a
cohesive look for the existing and proposed structures on the subject property.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance, except for the non - conforming rear yard setbacks of
the two (2) existing detached apartment units to remain.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve, Conditional Use Permit No. 97 -12, subject to the Conditions
attached hereto as Exhibit "A".
290
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 8th day of December , 1997.
ATTEST:
CITY ERK OF THE CITY OF
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CYPRESS
MA 0 O TIDE CITY OF CYPRESS
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 December , 1997, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman , Carroll , Keenan , Pi ercy and Jones
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
291
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 97-12
4859 -4861 Merten Avenue
CONDITIONS OF APPROVAL
* Denotes conditions which are 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.
The applicant/developer shall comply with all provisions of the Code of the City of
Cypress.
4. All requirements of the Orange County Fire Marshal's Office shall be complied with prior
to a Certificate of Occupancy being issued.
5. All applicable conditions of Conditional Use Permit No. 97 -12 shall be complied with prior
to occupancy of the new building.
6. 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
292
Exhibit A
Conditional Use Permit No. 97 -12
Conditions of Approval
Page 2
Department the check required above, the approval for the project granted herein shall be
void.
ENGINEERING CONDITIONS
7. 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. 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 %).
8. 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.
9. Wheelchair and handicap access facilities shall be installed onsite and offsite in accordance
with State of California and City of Cypress Building Department Standards, subject to
acceptance by the Cypress Public Works Department.
10. Installation of Cable T.V. shall be subject to the City Ordinance No. 726. Prior to
construction, the developer shall contact MediaOne or Paragon Cable, whichever is
applicable to the area, for specifications and procedures for pre -wire of the building and
installation of the service wiring. Necessary permits shall be obtained at the City.
11. The developer shall provide mailbox facilities for each residence, to the satisfaction of the
Public Works Director, Community Development Director, and Postmaster.
12. 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.
13. La Salle Street and Merten Avenue shall be dedicated and fully improved with curb, gutter,
sidewalk, driveway, paving, etc., in accordance with the City's Code requirement of Streets.
La Salle Street shall have a half -total right -of -way width of twenty -eight feet (28'), and
Merten Avenue shall have a half -total right -of -way width of twenty -three feet (23'). Curb
returns at the intersection of La Salle Street and Merten Avenue shall have a radius of
twenty -five feet (25'). The corner cutoff shall be dedicated to the City of Cypress for
roadway purposes.
Exhibit A
Conditional Use Permit No. 97 -12
Conditions of Approval
Page 3
293
14. 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 Merten Avenue. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
Engineering Plan Check & Inspection Fee (Per Resolution 2964).
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).
294
Exhibit A
Conditional Use Permit No. 97 -12
Conditions of Approval
Page 4
Advanced Street Light Energy Fee (For one (1) year period).
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• All applicable Building Department fees.
PLANNING CONDITIONS
21. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
22. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 97 -12 will require an amendment to the conditional use permit.
23. 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.
24. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
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. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
27. Construction bins must be maintained onsite until project completion. Bin rental shall be
contracted through Briggeman Disposal. 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.
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 Department.
30. Exterior storage is specifically prohibited.
Exhibit A
Conditional Use Permit No. 97 -12
Conditions of Approval
Page 5
295
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. 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.
33. The property shall be maintained free of the accumulation of trash and debris. Trash and
debris associated with the permitted residential uses are to be stored solely in designated
trash cans and/or enclosures.
34. 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.
35. 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.
36. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
*37. All existing accessory structures on the subject parcel shall be brought into compliance with
current health and safety codes or removed.
*38. All garages shall be used for parking purposes only, not for workshop or dwelling purposes.
*39. The open guest parking stalls shall be striped and labeled "Guest Parking" and shall not be
assigned to any specific apartment unit. Storage of inoperative vehicles in open parking
spaces and driveways is specifically prohibited.
BUILDING CONDITIONS
40. 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.
41. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed.
42. Applicant/developer shall comply with all disclosure requirements of the Orange County
296
Exhibit A
Conditional Use Permit No. 97 -12
Conditions of Approval
Page 6
Fire Authority for hazardous materials use and/or storage and the South Coast Air Quality
Management District for exhaustion of air contaminants.
43. Type 5 cement shall be used for all foundations and slabs on grade.
44. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
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.
FIRE AUTHORITY CONDITIONS
46. Prior to issuance of grading permits, 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.
47. 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.
48. Prior to the issuance of grading permits, the applicant/developer shall submit to the Fire
Chief evidence of the onsite fire hydrant system indicating 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.
49. 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.
50. 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.
51. Prior to the issuance of any building permits, plans for the fire alarm system plans 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.
52. Prior to issuance of a building permit, the applicant shall submit plans for the review and
297
Exhibit A
Conditional Use Permit No. 97 -12
Conditions of Approval
Page 7
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.
POLICE CONDITIONS
*53. The landscape and lighting plans for the proposed project shall be subject to review by the
Cypress Police Department.
*54. Apartment addresses shall be placed on the building such that they are visible from the
street on Merten Avenue.
Effective 12 -8 -97