Resolution No. 4604324
RESOLUTION NO. 4604
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE PERMIT NO. 95 -56 - 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 house, designed with the potential to operate a
residential community care facility serving less than six (6) elderly residents, 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 February 29, 1996.
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
March 11, 1996, 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 Planning Department of a signed
agreement to any conditions of approval 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 subject single -story house design is compatible and consistent
with the existing dwellings in the surrounding area, including size and exterior
building materials and color.
(2) The subject new house is compatible with surrounding single- and
multiple - family residential developments on surrounding properties within the
RM -20 Residential Multiple - family Zone.
c. The subject new house, 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 Permit No. 95 -56, 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 llth day of March , 1996.
MAYOR OF THE ITY OF CYPRESS
ATTEST:
3
cam,
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 llth day of March , 1996, by the following roll call vote:
AYES: 5
NOES:
COUNCIL MEMBERS: Age, Carroll , Jones, Kerry and
Bowman
0 COUNCIL MEMBERS: None
ABSENT: 0
COUNCIL MEMBERS: None
CITY C ERK OF THE CITY OF CYPRESS
325
326
EXHIBIT "A"
DESIGN REVIEW COMMITTEE PERMIT NO. 95 -56
5401 BISHOP STREET
CONDITIONS OF APPROVAL
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 (§ 2100 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 developers 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 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 •
327
Exhibit "A"
Design Review Committee Permit No. 95 -56
Conditions of Approval
ENGINEERING CONDITIONS
Page 2
5. 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 %).
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 "). 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.
7. 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.
8. The developer shall provide mailbox facilities for each residence, to the satisfaction of the
Public Works Director, Community Development Director, and Postmaster.
9. 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.
10. Bishop Street shall be improved with curb, gutter, sidewalk, driveway, paving, etc., in
accordance with the City's Code requirement of Streets.
11. The quantity, location, width, and type of driveways shall be subject to the approval of
the City Engineer.
• Community Development Department • Planning Division •
328
Exhibit "A"
Design Review Committee Permit No. 95 -56
Conditions of Approval
Page 3
12. All utility services shall be underground. Trenching and backfill in streets shall be per
City of Cypress Standard No. 110.
13. 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.
14. 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.
15. 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).
• City -wide Traffic Improvement Fee (Per Resolution No. 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).
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• All applicable Building Department fees.
COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS
16. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
17. 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.
• Community Development Department • Planning Division •
329
Exhibit "A"
Design Review Committee Permit No. 95 -56
Conditions of Approval
Page 4
18. 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.
19. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
20. 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.
21. 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.
22. 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
Departments prior to operation of a residential care facility.
23. 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.
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 detrimental to the public health, safety, or welfare, or materially injurious
to properties or improvements in the vicinity.
25. 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.
26. All applicable conditions of Design Review Committee Permit No. 95 -56 shall be
complied with prior to occupancy of the subject building.
• Community Development Department • Planning Division •
330
Exhibit "A"
Design Review Committee Permit No. 95 -56
Conditions of Approval
BUILDING DEPARTMENT CONDITIONS
Page 5
27. 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.
28. An automatic fire sprinkler system, approved by the Fire Marshal, may be required.
29. 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.
30. Type 5 cement shall be used for all foundations and slabs on grade.
31. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
32. Applicant /developer shall use fire retardant wood shingles for the roof, if applicable.
33. 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
34. All requirements of the Orange County Fire Marshal's Office shall be complied with prior
to a Certificate of Occupancy being issued.
35. Plans for the automatic fire sprinklers 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.
Revised 3 -12 -96
• Community Development Department • Planning Division •