Resolution No. 4521472
RESOLUTION NO. 4521
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 95 -9 - 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 single -
family residence with a balcony in the rear portion of the property located at 8721 Acacia Drive.
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 single - family residential estates with minimum lot
sizes of fifteen thousand (15,000) square feet and maximum densities of
two and five tenths (2.5) 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 complies with the General Plan and Zoning
Ordinance for the zone in which it is located except for approved variances.
(2) The proposed project will add to the housing stock of the City of
Cypress by developing a vacant residential parcel.
(3) The existing infrastructure can accommodate the development of
a single- family structure.
(4) The design will not have a negative impact on the surrounding
area.
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. 95 -9, 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 14th day of August , 1995.
ATTEST:
/(1
fitite4I-e
CITY LERK THE QTTY OF CYPRESS
1
•
AYOR OF THE CITY OF C PRESS
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 August , 1995, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bowman, Carroll, Kerry and Age
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Jones
CITY 04
C
IT F HE C OF CYPRESS
2
474
EXHIBIT "A"
Conditional Use Permit No. 95 -9
8721 Acacia Drive
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 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 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. The applicant /developer shall comply with all provisions of the Code of the City of
Cypress.
4. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to a Certificate of Occupancy being issued.
5. All applicable conditions of Conditional Use Permit No. 95 -9 shall be complied with
prior to occupancy of the subject building.
6. 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
Notice of Exemption in accordance with Fish and Game Code Section 711.4, required
under Public Resources Code Section 21152 and Title 14 of the California Code of
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 95 -9
Conditions of Approval
Page 2 475
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.
ENGINEERING CONDITIONS
7 The developer shall conform to all applicable provisions of the Code of the City of
Cypress.
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. 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.
11. 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.
12. The developer shall provide mailbox facilities for each residence, to the satisfaction of
the Public Works Director, Planning Director, and Postmaster.
• Community Development Department • Planning Division •
476
Exhibit "A"
Conditional Use Permit No. 95 -9
Conditions of Approval
Page 3
13. 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.
14. 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.
15. All utility services shall be underground. Trenching and backfill in streets shall be per
City of Cypress Standard No. 110.
16. 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.
17. 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.
18. 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).
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• All applicable Building Department fees.
19. 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
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 95 -9
Conditions of Approval
477
Page 4
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
20. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 95 -9 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. Balcony as approved under Variance No. 95 -5, may exceed the maximum six feet (6')
with one dimension by four feet (4') for a dimension of ten feet (10') in one direction.
24. 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.
25. Said landscape plan shall include trees to be placed along the south property line to the
satisfaction of the Planning Department.
26. 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.
BUILDING CONDITIONS
27. 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 •
4 7 8 Exhibit "A"
Conditional Use Permit No. 95 -9
Conditions of Approval
Page 5
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 Department 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.
POLICE CONDITIONS
34. House numbers shall be clearly visible from the street (front of residence) during both
daylight and hours of darkness.
35. All exterior ground floor doors shall have locking hardware designed to be locked from
the exterior, but unlocked from the interior. (For purposes of emergency exiting).
36. Any front fences are not to be a solid material above forty -two inches (42 ") from the
ground. (This allows resident visibility to street and neighbors).
Effective 8/14/95
• Community Development Department • Planning Division •