Resolution No. 4422126
RESOLUTION NO. 4422
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 94 -16 - 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 develop six
detached condominiums at 5592 Crescent Avenue.
2. That a Negative Declaration was approved and a notice of de Minimis Impact was
filed according to the requirements of the California Environmental Quality Act.
3. That the City Council, after proper notice thereof, duly held a public hearing on
said application as provided by law.
4. 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 medium density apartments,
condominiums, townhomes or other group dwellings with provisions for
adequate light, air, open space and landscaped area at maximum densities
of fifteen (15.0) 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 is consistent with the Medium Density
Residential General Plan land use designation.
(2) The proposed project is compatible with surrounding multi - family
residential development.
(3) The proposed project, subject to conditions, will provide adequate
access and turnaround for residents and emergency fire and police services.
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. 94 -16, 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 12th day of December , 1994.
AYOR OF THE CITY OF PRESS
127
ATTEST:
CITY CL F THE CIT 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 12th day of December , 1994, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, Jones, Kerry and Age
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF TH ITY OF CYPRESS
128
CONDITIONAL USE PERMIT NO. 94 -16 AND
TENTATIVE TRACT MAP NO. 15062
EXHIBIT "A"
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. Tract Map No. 15062 shall be recorded prior to issuance
of building permits.
2. 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.
3. 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.
4. 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.
5 The developer shall provide mailbox facilities for each residence, to the satisfaction of
the Public Works Director, Planning Director, and Postmaster.
6. 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.
7. Crescent Avenue shall be dedicated and fully improved with curb, gutter, sidewalk,
driveway, paving, etc., in accordance with the City's Code requirement of Streets shall
have a total right -of -way width of forty-two feet (42').
8. 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. No landscaping in excess of three feet (3')
high will be allowed in the area of the curb returns. Adequate sight distance also shall
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 94 -16 and
Tentative Tract Map No. 15062
Page 2
be maintained within the development at all driveway intersections to the satisfaction of
the City Engineer.
9. 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.
10. Street lights on marbelite standards shall be installed per Southern California Edison
Company requirements.
11. 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.
12. 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.
13. 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).
•Regional Traffic Impact Mitigation Fee (Per Ordinance 926 & and current fee
Resolution 4348).
•Traffic Improvement Fee per Resolution No. 4348.
•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 • Planning Division •
Exhibit "A"
Conditional Use Permit No. 94 -16 and
Tentative Tract Map No. 15062
Page 3
14. 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 sec . - 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
15. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Planning Department.
16. The site plan and architectural elevations are approved as shown on the plans submitted
with the subject application. Any modifications shall require review and approval by the
Design Review Committee.
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.
17. The balconies shown on the elevations shall not be of a size which has one dimension
exceeding six feet (6').
18. Prior to the issuance of building permits, the applicant shall obtain approval of an
administrative adjustment from the Planning Director for the proposed reduction (not to
exceed 20 %) of the side yard setbacks.
19. The transformer boxes and water valves shall be placed in locations acceptable to the
Planning Director and shall be adequately screened from view with plant materials.
20. Individual trash can containers shall be provided for residents in accordance with the City
of Cypress waste collection and recycling program in cooperation with Briggeman
disposal.
• Community Development Department • Planning Division •
131
Exhibit "A"
Conditional Use Permit No. 94 -16 and
Tentative Tract Map No. 15062
Page 4
21. 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.
22. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and
of a variety approved by the Planning Director.
23. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
24. Any project identification signs or directional signs shall be approved by the Planning
Department prior to the issuance of building permits.
25. All walls and fences shall be maintained free of significant surface cracks, dry rot,
warping, missing panels or blocks which threaten the structure's structural integrity or
appearance.
26. 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.
27. 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
containers.
28. 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.
29. The 25 foot wide turnaround area located between unit no.5 and unit no. 6 shall be raised
above the driveway grade and improved with turf block or similar material subject to the
review and approval of the City Engineer and Police Chief. A No Parking sign shall also
be erected.
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.
• Community Development Department • Planning Division •
132
Exhibit "A"
Conditional Use Permit No. 94 -16 and
Tentative Tract Map No. 15062
Page 5
31. Prior to the recordation of the final tract map, the applicant shall submit a copy of the
Covenants, Conditions and Restrictions (CC & Rs) for review and approval by the
Planning Department and City Attorney.
32. 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 and
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.
BUILDING CONDITIONS
33. 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.
34. An automatic fire sprinkler system, approved by the Fire Marshal, shall be required.
35. 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.
36. Type 5 cement shall be used for all foundations and slabs on grade.
37. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
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. 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
40. Prior to the recordation of a final tract map, water improvement plans shall be submitted
to and approved by the Fire Chief to ensure adequate fire protection and financial
• Community Development Department • Planning Division •
133
Exhibit "A"
Conditional Use Permit No. 94 -16 and
Tentative Tract Map No. 15062
Page 6
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.
41. 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.
42. 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 dri•je per the
Orange County Fire Department Standard. On private property, these markers are to be
maintained in good condition by the property owner.
43. Prior to the issuance of any building permits, plans for a 13 D 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.
44. Prior to the issuance of any grading permits, plans for the driveway shall be submitted
to and approved by the Fire Chief. The plans shall include sectional views, and indicate
the width measured flow line to flow line. All proposed fire apparatus turnarounds shall
be clearly marked.
45. Prior to the issuance of any grading permit, driveway 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. 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.
46. No security gate shall be installed at the entrance to the site, due to the lack of adequate
stacking area for vehicles.
47. If the requirements of the Fire Department can be met, the proposed security gate may
be installed. Any additional revisions to the entrance required by the Fire Department
must be submitted to and approved by the Planning Department.
48. The existing on -site well shall be appropriately capped to the satisfaction of the City
Engineer.
Revised 12/15/94
• Community Development Department • Planning Division •