Resolution No. 4619390
RESOLUTION NO. 4619
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 96 -3 - 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 six (6)
detached apartment units located at 8735 and 8737 Belmont Street in 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 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. 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 multiple - family zone.
(3) The project as proposed, provides an aesthetically pleasing
transitional development from the RS -6,000 to the RM -20 Zone.
(4) The single story development is an architecturally compatible
design at this location.
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. 96 -3, 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 8th day of April , 1996.
1
MAYOR OF TH- CITY OF CYPRESS
ATTEST:
0,Lok
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 8th day of Apri 1 , 1996, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Age, Carroll , Kerry and Bowman
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Jones
CITY CLERK OF THE CITY OF CYPRESS
2
391
392
Li
EXHIBIT "A"
Conditional Use Permit No. 96 -3
8735 and 8737 Belmont Street
CONDITIONS OF APPROVAL
* Denotes conditions specific to this project, which are not included in the City's list
of Standard 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 (§ 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 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. 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 -3 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 in the amount
of Thirty-eight Dollars ($38.00) County administrative fee, to enable the City to file the Certificate
of Fee Exemption in accordance with 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.
ENGINEERING CONDITIONS
6. The developer shall conform to all applicable provisions of the Code of the City of Cypress.
• Community Development Department • Planning Division •
393
Exhibit "A"
Conditional Use Permit No. 96 -3
Conditions of Approval
Page 2
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. 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 handicapped access facilities shall be installed onsite and offsite in accordance
with State of California and City of Cypress Public Works Department standards.
10. 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.
11. Merten Avenue and Belmont Street shall be dedicated and fully improved with curb, gutter,
sidewalk, driveway, paving, etc., in accordance with the City's Code requirement of Streets.
Belmont Street shall have a total right -of -way width of forty-six feet (46'). Curb returns at the
intersection of Merten Avenue and Belmont Street shall have a radius of twenty -five feet (25').
The corner cutoff shall be dedicated to the City of Cypress for roadway purposes.
12. 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 and Belmont 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.
13. 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.
14. Street light, on marbelite standards shall be installed per Southern California Edison Company
requirements. Street name signs and traffic signs shall be installed per City Standards.
• Community Development Department • Planning Division •
394
Exhibit "A"
Conditional Use Permit No. 96 -3
Conditions of Approval
Page 3
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.
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).
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).
Advanced Street Light Energy Fee (For one (1) year period).
Grading Plan Check and Permit (Per Resolution 2964 & 3662).
All applicable Building Department fees.
18. 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.
PLANNING CONDITIONS
19. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 96 -3 will require an amendment to the conditional use permit.
20. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
• Community Development Department • Planning Division •
395
Exhibit "A"
Conditional Use Permit No. 96 -3
Conditions of Approval
Page 4
21. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties
or produce glare for street traffic.
22. The applicant/developer shall provide an adequate number of trash/waste enclosures onsite and
at a location acceptable to City staff. [NOTE: Trash /waste enclosures shall be maintained onsite
at all times. Offsite encroachment of trash /waste enclosures (into the public right -of -way), is
prohibited unless formal approval is granted by the City Engineer and an Encroachment Permit
issued.]
23. Parking for the handicapped shall be provided in accordance with State requirements.
24. 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.
25. A redwood landscape retainer, a minimum of two inches by six inches (2" x 6 ") in size, shall be
installed along all property lines where necessary to retain the landscape planters until adjoining
properties are developed.
26. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as
to cover all landscaped areas.
27. 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.
*28. Decorative block wall material shall be subject to approval by the Design Review Committee
for compliance with Section 18. Design Review D.
29. 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.
*30. The site shall be posted for a week prior to any demolition work in order to inform the
residents of the pending work.
*31. All units shall be constructed with fireplaces, bay windows, and vaulted ceilings.
*31b. Entire access drive shall be constructed of stamped concrete or other decorative material,
subject to Design Review Committee approval.
• Community Development Department • Planning Division •
396
Exhibit "A"
Conditional Use Permit No. 96 -3
Conditions of Approval
BUILDING CONDITIONS
Page 5
32. 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.
33. An automatic fire sprinkler system, approved by the Fire Marshal, may be required.
34. 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.
35. Type 5 cement shall be used for all foundations and slabs on grade.
36. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. moisture
barrier.
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.
FIRE CONDITIONS
39. 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.
40. 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.
41. 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.
42. 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. Required for building
in excess of 6,000 square feet and required for all single family and multiple family occupancies.
• Community Development Department • Planning Division •
397
Exhibit "A"
Conditional Use Permit No. 96 -3
Conditions of Approval
Page 6
43. Prior to the issuance of any grading permit, street improvement plans with fire lanes shown shall
be submitted to and approved by the Fire Chief. Indicate the locations of red curbing and
signage. Provide a drawing of the proposed signage with the height, stroke and color of lettering
and the contrasting background color.
44. The following notes shall be provided on the site plan:
A. Fire Authority Final Inspection Required. Schedule inspection two (2) days in advance.
Phone (714) 527 -9447.
B. Locations and classifications of extinguishers to be determined by the fire inspector.
C. Plans of modifications to or new fire protection, detector or alarm system(s) shall be
approved by the Fire Authority prior to installation.
Revised 04/09/96
• Community Development Department • Planning Division •