Resolution No. 4647RESOLUTION NO. 4647
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 96 -6 - 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 construct twelve
(12) single - family residential homes located at 9737 -61 Walker Street in the RS -5,000
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.
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 -5,000 Residential Single -
Family Zone in which the site is located is:
Intended as an area for small -lot single - family, urban residential
development at maximum density based on one (1) dwelling unit per 5,000
square feet of gross lot area with fractional unit above 0.51 rounded up.
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 single - family zone.
(3) The project as proposed, provides an aesthetically pleasing
development creating compatibility between existing residential neighborhoods.
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. 96 -6, 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 10th day of June , 1996.
fr
MAYOR OF THE CITY OF CYPRESS
1
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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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 10th day of June , 1996, by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Age, Carroll and Jones
NOES:
1
COUNCIL MEMBERS: Kerry
ABSENT: 0 COUNCIL MEMBERS:
None
ABSTAINED: 1 COUNCIL MEMBERS: Bowman
CITY C -ERK OF THE CITY OF CYPRESS
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EXHIBIT "A"
APPLICATION: Conditional Use Permit No. 96 -6
ADDRESS: 9737 -9761 Walker Street
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 seg. - 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. All requirements of the Orange County Fire Marshal's Office shall be complied with prior
to a Certificate of Occupancy being issued.
4. All applicable conditions of Conditional Use Permit No. 96 -6 shall be complied with prior
to occupancy of the subject building.
5. 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.
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Exhibit "A"
Conditional Use Permit No. 96 -6
Conditions of Approval
ENGINEERING CONDITIONS
Page 2
6. 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. A Tract Map shall be recorded prior to issuance of Building
Department Permits.
7. 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.
8. 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. 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 %).
9. 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.
10. The developer shall provide adequate "No Parking" controls within the development per
California Vehicle Code #22658, to the satisfaction of the City Engineer, and County Fire
Marshal.
11. 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.
12. 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
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 96 -6
Conditions of Approval
Page 3
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.
13. The developer shall provide mailbox facilities for each residence, to the satisfaction of the
Public Works Director, Community Development Director, and Postmaster.
14. 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.
15. Walker Street R.O.W. shall be improved to accommodate the proposed project driveway
in accordance with the City's Code requirement of Streets. Walker Street shall have a
total half right -of -way width of 42 feet (42') which includes an additional (6') wide tree
planting, and public utility easement on each side of the street.
16. 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.
17. 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 %).
18. 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 Walker Street. 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.
19. 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.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 96 -6
Conditions of Approval
Page 4
20. 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.
21. 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.
22. 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.
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).
Regional Traffic Improvement Fee (Per Resolution No. 4400).
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 Department fees.
PLANNING CONDITIONS
23. Conditional Use Permit No. 96 -6 shall comply with all provisions of the RS -5,000
Residential Single- Family Zone.
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Exhibit "A"
Conditional Use Permit No. 96 -6
Conditions of Approval
Page 5
24. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
25. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
26. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted. The final exterior color scheme shall he submitted to City staff for review and
approval prior to actually painting the structure.
27. 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.
28. Security gate systems shall be equipped with a Knox box system providing access with
a Knox submaster key for emergency access by police and fire services. The security gate
system shall be approved in writing by the Cypress Police Department and Orange County
Fire Authority prior to issuance of building permits.
29. 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.
30. 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.
*31. The Covenants, Conditions and Restrictions shall prohibit the conversion of
proposed lofts into bedrooms.
*32. The Covenants, Conditions and Restrictions shall prohibit the parking and
obstruction of the private road at all times.
*33. Developer shall submit roof material selection to the Design Review Committee for
approval prior to obtaining Building Permits.
*33b. Conditional Use Permit No. 96 -6 shall not become effective until the effective date
of Rezone Ordinance No. 96 -1.
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Exhibit "A"
Conditional Use Permit No. 96 -6
Conditions of Approval
Page 6
*33c. The CC &R's shall prohibit RV parking on any commonly shared open parking or
roadway.
*33d. CC &R's are subject to review and approval by the City Attorney. The CC &R's shall be
governed by the Homeowners Association.
*33e. There shall be no doors on loft on Plan B if interior master bedroom wall is included.
*33f. If the City Council deems it necessary, upon advice of the City Attorney, the City
Attorney shall be a party to such CC &R's in order to ensure their continuance and
enforceability.
*33g. Al! walls shall have concrete footings.
BUILDING CONDITIONS
34. 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.
35. An automatic fire sprinkler system, approved by the Fire Marshal, may be required.
36. Type 5 cement shall be used for all foundations and slabs on grade.
37. Applicant /developer shall use fire retardant wood shingles for the roof, if applicable.
38. 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.
39. 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.
40. The landscaping and irrigation plans must be included in original plan check submittal.
41. 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.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 96 -6
Conditions of Approval
FIRE AUTHORITY CONDITIONS
Page 7
42. 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 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.
43. 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 the 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.
44. Prior to recordation of the final tract /parcel map, all fire protection access easements shall
be approved by the Fire Chief and dedicated to the appropriate County /City. The
CC &R's shall contain provisions which prohibit obstructions within the fire protection
access easement. Fire Chief approval shall be required for any modifications such as
speed bumps, control gates or changes in parking plan within said easement.
45. Prior to the issuance of any grading permits, the applicant shall submit and obtain
approval of preliminary plans for all streets, and courts, public or private, from the Fire
Chief in consultation with the Manager, Traffic Engineering. The plans shall include the
plan view, sectional view, and indicate the width of the street or court measured flow line
to line. All proposed fire apparatus turnarounds shall be clearly marked when a dead -end
street exceeds 150 feet or when other conditions require it.
46. A. Prior to the issuance of any grading permits, the applicant shall submit and obtain
approval from the Fire Chief for street improvement 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 the approved fire lane
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.
47. Prior to the issuance of any grading permits, the applicant shall submit and obtain the Fire
Chief's approval of the construction details for any access gate. Contact the Orange
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 96 -6
Conditions of Approval
Page 8
County Fire Authority Plan Review Section at (714) 744 -0403 for a copy of the
"Guidelines for Fire Authority Emergency Access."
48. 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.
49. 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.
50. 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.
51. 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.
Revised 06/11/96
• Community Development Department • Planning Division •