Resolution No. 441196
RESOLUTION NO. 4411
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 94 -22 - 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 a nine
(9) unit condominium project located at 6172 Orange Avenue, in the RM -20 /CC Residential
Multiple - Family /Civic Center Combining 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 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
(20.0) dwelling units per acre. Only those additional uses are permitted
that are complimentary to, and can exist in harmony with, such residential
developments. Additionally, this provides a zone designed to protect the
public interest in certain major public developments, and at the same time
protect private interest in the peripheral area thereof by creating an
environment compatible with the purpose of the public development.
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 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.
(2) The proposed location of Conditional Use Permit No. 94 -22 is in
accord with the objectives of Section 17.2. Conditional Uses and the purpose of
the RM -20 /CC Residential Multiple- Family /Civic Center Combining Zone.
(3) Conditional Use Permit No. 94 -22 complies with the applicable
provisions of Section 9.2 Property Development Standards: Residential Zones and
the intent and requirements of the General Plan.
(4) This project has no potential for adverse impact, either individually
or cumulatively, on wildlife because this site formerly was developed with a
single - family residence.
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. 94 -22, subject to the conditions
attached hereto as Exhibit "A."
97
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 14th day of November , 1994.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
MYel(A4/
CITY CLERK OF THE TY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, 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 14th day of November , 1994, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age,Bowman, Kerry, Nicholson,
and Partin
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF TH'E CITY OF CYPRESS
98
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 94 -22
CONDITIONS OF APPROVAL
ENGINEERING CONDITIONS
1. 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 Parcel Map shall be recorded prior to issuance of
Building Department Permits.
2. 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.
3. 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 %).
4. 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.
5. 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.
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 94 -22
Conditions of Approval
Page 2
6. 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.
7. The developer shall provide mailbox facilities for each residence, to the satisfaction of
the Public Works Director, Planning Director, and Postmaster.
8. The enclosed garage floor and approach apron shall be constructed of Portland Cement
Concrete. The enclosed garage area shall have security lighting to the satisfaction of the
Building Official. Where the end of the enclosed garage coincides with the property line,
a minimum six -inch (6 ") thick block wall shall be constructed, and shall be of sufficient
height to join with carport roof.
9. Orange Avenue shall be dedicated and fully improved with curb, gutter, sidewalk,
driveway, paving, etc., in accordance with the City's Code requirement of Streets.
10. 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. Adequate sight distance also shall be maintained within the
development at all driveway intersections to the satisfaction of the City Engineer.
11. 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.
12. 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.
13. 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.
14. 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. A soils report for all planting
• Community Development Department • Planning Division •
100
Exhibit "A"
Conditional Use Permit No. 94 -22
Conditions of Approval
Page 3
areas, prepared by a qualified agricultural laboratory, shall be submitted to the Public
Works Department for approval at least thirty (30) days prior to planting date. Test
results shall include concentration of nitrogen, phosphorus, potassium, ph, salinity,
sodium status, and boron saturation extract. Additionally, an agreement shall be
executed by the developer to provide for ongoing maintenance.
15. 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).
• 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.
16. 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 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.
• Community Development Department • Planning Division •
101
Exhibit "A"
Conditional Use Permit No. 94 -22
Conditions of Approval
PLANNING CONDITIONS
Page 4
17. 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.
18. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Planning Department.
19. All applicable conditions of Conditional Use Permit No. 94 -22 shall be complied with
prior to occupancy of the subject building.
20. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 94 -22 will require an amendment to the conditional use
permit.
21. 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.
22. 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.
23. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
24. 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.]
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 94 -22
Conditions of Approval
Page 5
25. Parking for the handicapped shall be provided in accordance with State requirements.
26. A detailed landscape and automatic irrigation plan shall be submitted to the Planning
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.
27. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and
of a variety approved by the Planning Director.
28. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
29. 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 Department prior to issuance of building permits.
30. 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.
31. 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.
32. 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.
33. 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.
34. Lofts shall not be converted or altered to create an additional bedroom. Such a proposal
will only be considered under an amendment to Conditional Use Permit No. 94 -22. Said
restriction shall be included within the CC &R's.
• Community Development Department • Planning Division •
103
Exhibit "A"
Conditional Use Permit No. 94 -22
Conditions of Approval
Page 6
35. The developer shall provide to the Police Department a scaled diagram, not to exceed 8
1/2 x 11 inches, of the complex, including walkways, driveways, fire hydrants, unit
addresses and garages.
36. Location of lighting and light fixtures for walkways, porches, and parking areas shall be
approved by the Police Department prior to issuance of building permits.
37. Unit address numbers shall be lighted during the hours of darkness.
38. There shall be no rear yard gates leading to public or semi - public areas.
39. Compliance with the California Model Building Security Ordinance.
40. Install lockable mail boxes or have mail access directly into the individual units.
41. Within forty -eight (48) hours of the approval of this project, the applicant /developer shall
deliver to the Planning Department a check payable to the County Clerk in the amount
of Twenty -Five Dollars ($25.00) County administrative fee, to enable the City to file the
Certificate of Fee Exemption in accordance with Fish and Game Code Section 753.5 with
the Notice of Determination required under Public Resources Code Section 21152 and
Title 14 of the California Code of Regulations. If, within such forty -eight (48) hour
period, the applicant /developer has not delivered to the Planning Department the check
required above, the approval for the project granted herein shall be void.
42. The Master bedroom window #1 of building #4, Plan C on plans dated September 16,
1994, shall be raised in height to obscure view onto adjacent properties.
43. In addition to the aforementioned landscaping conditions, a landscape buffer shall be
installed along the south property line. Said landscaping shall include mature trees or
trees capable of maturity within one (1) to five (5) years to be placed at a distance of
seven (7') feet on center across the south property line. Subject to Design Review
Committee approval of the requirement to create a visual buffer to the south properties.
BUILDING CONDITIONS
44. Applicant /developer shall comply with applicable provisions of the 1991 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California
Code of Regulations, Title 24, and the Code of the City of Cypress.
• Community Development Department • Planning Division •
104
Exhibit "A"
Conditional Use Permit No. 94 -22
Conditions of Approval
Page 7
45. Applicant /developer shall comply with all disclosure requirements of the Orange County
Fire Department for hazardous materials use and /or storage and the South Coast Air
Quality Management District for exhaustion of air contaminants.
46. Type 5 cement shall be used for all foundations and slabs on grade.
47. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
48. Applicant /developer shall use fire retardant wood shingles for the roof, if applicable.
49. 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.
50. 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.
51. Construction bins for non - recyclable and recyclable materials generated from any
construction site (residential and non - residential) must be placed "onsite out of the public
right -of -way. (Example: street side of curb is public right -of -way. Not allowed.)
FIRE CONDITIONS
52. 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.
53. Prior to the issuance of any building permits, plans for the fire alarm system shall be
submitted to and approved by the Fire Chief. This system shall be operational prior to
the issuance of a Certificate of Use and Occupancy.
Revised 11/15/94
• Community Development Department • Planning Division •