Resolution No. 4930467
RESOLUTION NO. 4930
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 98 -4.
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 construct a single - family residence with a
balcony at the rear on the property located at 8721 Acacia Drive in the RS- 15,000 Residential Single - family
Zone.
2. That the City Council, after proper notice thereof, duly held a public hearing on said
application as provided by law in which the public was given the opportunity to be heard regarding
Conditional Use Permit No. 98 -4.
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 RS- 15,000 Residential Single - family Zone in which the
site is located is intended as:
An area for single - family residential estates with minimum lot sizes of fifteen thousand
(15,000) square feet and maximum densities of two and five tenths (2.5) 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 complies with the General Plan and Zoning Ordinance
for the zone in which it is located except for approved variances.
2. The proposed rear balcony is recessed more than thirty (30) feet from
adjoining properties..
3. The proposed rear balcony is in scale with the development of a single -
family structure.
4. The design of the project will not have a negative impact on the surrounding
area.
c. The proposed conditional use will comply with each of the applicable provisions of
the Zoning Ordinance except for approved variances or adjustments.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress
does hereby approve Conditional Use Permit No. 98 -4 subject to the conditions attached as Exhibit "A ".
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on
the 13th day of April , 1998.
ATTEST:
CI CLERK OF THE
CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
1
MAYO CITY OF CYPRESS
468
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
13th day of April , 1998, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bowman, Carroll, Piercy and Keenan
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Jones
CITY CLERK OF THE CITY OF CYPRESS
469
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 98 -4 /VARIANCE NO. 98 -1
8721 Acacia Drive
CONDITIONS OF APPROVAL
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. 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. 98 -4 Variance No. 98 -1 shall be
complied with prior to occupancy of the subject 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 lee, to
• Community Development Department • Planning Division •
470
Exhibit "A" Page 2
Conditional Use Permit No. 98 -4/
Variance No. 98 -1
Conditions of Approval
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.
ENGINEERING CONDITIONS
7. 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
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 Division standards.
10. Installation of Cable T.V. shall be subject to City Ordinance No. 726. Prior to
construction, the developer shall contact Media One Cable (Phone [714] 826 -8680) or the
local cable provider, whichever is applicable to the area, for specifications and procedures
for pre -wire of the structure 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.
• Community Development Department • Planning Division •
471
Exhibit "A"
Conditional Use Permit No. 98 -4/
Variance No. 98 -1
Conditions of Approval
Page 3
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. The quantity, location, width, and type of driveways shall be subject to the approval of
the City Engineer. No landscaping in excess of three feet (3') high will be allowed in the
area of the curb returns.
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.
15. 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. 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.
16. 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.
17. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Engineering Plan Check & Inspection Fee (Per Resolution 2964).
• Park and Recreation Fee (Per Ordinance 769).
• Traffic Impact Mitigation Fee (Per Ordinance 911 and current fee Resolution)
• 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
• Drainage Fee for Master Drainage Plan (Per Resolution 2287)
• All applicable Building Division fees.
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472
Exhibit "A"
Conditional Use Permit No. 98 -4/
Variance No. 98 -1
Conditions of Approval
COMMUNITY DEVELOPMENT CONDITIONS
Page 4
18. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 98 -4 will require an amendment to the conditional use
permit.
19. Utilities shall not be released and Certificate of Occupancy shall not be issued until all
conditions of approval of Conditional Use Permit No. 98 -4 have been met to the
satisfaction of the Community Development Department.
20. 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 utilized or
maintained is detrimental to the public health, safety, or welfare, or materially injurious
to properties or improvements in the vicinity.
21. 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.
22. The balcony, as approved under Variance No. 95 -5, may exceed the maximum six (6)
feet with one dimension by four (4) feet for a dimension of ten (10) feet in one direction.
23. A detailed landscape and automatic irrigation plan shall be submitted to the Planning
Division 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.
24. Said landscape plan shall include trees placed along the south property line to the
satisfaction of the Community Development Department.
25. 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 limited to, requirements for
additional perimeter landscaping and /or window coverings as determined appropriate by
the Design Review Committee.
BUILDING CONDITIONS
26. 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.
• Community Development Department • Planning Division •
473
Exhibit "A"
Conditional Use Permit No. 98 -4/
Variance No. 98 -1
Conditions of Approval
Page 5
27. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed.
28. Applicant /developer shall comply with all disclosure requirements of the Orange County
Fire Authority for hazardous materials use and /or storage and the South Coast Air Quality
Management District for exhaustion of air contaminants.
29. Type 5 cement shall be used for all foundations and slabs on grade, unless otherwise
indicated by the soils engineer.
30. 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.
31. Applicant /developer shall use fire retardant wood shingles for the roof, if applicable.
32. 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.
POLICE CONDITIONS
33. House number shall be clearly visible from the street (front of residence) during both
daylight and hours of darkness.
34. All exterior ground floor doors shall have locking hardware designed to be locked from
the exterior, but unlocked from the interior. (For purpose of emergency exiting).
35. Any front fences are not to be a solid material above forty-two inches (42 ") from the
ground. (This allows resident visibility to street and neighbors)
Effective 4/13/98
• Community Development Department • Planning Division •