Resolution No. 427092
RESOLUTION NO. 4270
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 93 -15 - 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 a 124 -unit
senior apartment community, to be located at 9021 Grindlay Street, in the PS Public /Semi - Public
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 to permit adequate identification of areas reserved and developed
for public uses other than street rights -of -way, to provide for expansion
of their operations or change in use, and to identify and preserve areas of
historic and community significance for the enjoyment of future
generations.
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 124 -unit senior apartment community is consistent
with the General Plan land use designation of High Density Residential.
(2) The project is consistent with the intent of the PS Public /Semi-
Public Zone which allows for affordable elderly housing.
(3) The project includes a Density bonus to provide for twelve (12)
units for lower income households and thirteen (13) units for very low income
households, for a total of twenty -five (25) affordable units. The conditions under
which the apartments are to be leased or rented are set forth in a Density Bonus
Agreement.
(4) The project meets the minimum required development standards,
except for concessions granted per the Density Bonus for the front and south
sideyard building setbacks and parking standards. These concessions are
consistent with the provisions of California Government Code Section 65915. No
variances, therefore, are required.
(5) The project is designed to ensure the safety and security of the
project residents and to be compatible with surrounding properties. The project,
therefore, will not be detrimental to the public health, safety, and welfare.
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. 93 -15, 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 13th day of December , 1993.
ATTEST:
CLERK THE OF CYPRESS
MAYOR OF THE CITY 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 13th day of December, 1993, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Nicholson, Kerry and
Partin
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
4-77,/446.
CITY CLERK OF TI?][E CITY OF CYPRESS
2
94
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 93 -15
CONDITIONS OF APPROVAL
ENGINEERING CONDITIONS
1. The developer shall conform to all applicable provisions of the City Code.
2. The developer shall utilize the Public Utility Easement, located at the north end of the
Senior Center parcel, Parcel 1 of Parcel Map No. 91 -142, for underground utility services.
There exists a storm drain stub -out within the easement which may be utilized by the
developer for storm drain purposes. The area from the south line of said easement to the
north property line of said Senior Center parcel shall be fully improved by the developer
in accordance with the improvement plans for the Cypress Senior Center, Public Works
Project No. 9033. Said improvements shall include, but not be limited to, the following:
installation of landscape and irrigation in planters, and construction of concrete curb and
gutter, asphalt concrete pavement, sidewalk, etc.
3. Upon separate ownership of parcels, reciprocal easements shall be recorded and
agreements filed with the City governing joint use, access, and maintenance of the
ingress /egress easement and the public utility easement across said Senior Center parcel,
and pedestrian access across the development from the new senior complex to the west,
etc.
4. 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. The subject lot 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 %).
5. Grade separation shall not exceed two feet (2') between properties.
• Community Development Department • Planning Division •
City Council Meeting of November 22, 1993 Page 2
Conditional Use Permit No. 93 -15
6. 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.
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, Planning 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. 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.
11. 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.
12. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
•
•
•
•
•
Park and Recreation Fee (Per Ordinance 769).
Drainage Fee for Master Drainage Plan (Per Resolution 2287).
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.
PLANNING CONDITIONS
13. 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
• Community Development Department • Planning Division ■
City Council Meeting of November 22, 1993 Page 3
Conditional Use Permit No. 93 -15
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.
14. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Planning Department.
15. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 93 -15 will require an amendment to the conditional use
permit.
16. All requirements of the Orange County Fire Marshal's Office shall be complied with prior
to a Certificate of Occupancy being issued.
17. Architectural elevations and site plans shall be reviewed and approved by the Planning
Department prior to the issuance of building permits.
18. 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.
19. Balconies shall not exceed six feet (6') in width with one dimension.
20. 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.
21. The developer shall provide an adequate number of trash enclosures onsite and at a
location acceptable to City staff.
22. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only."
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 Planning
Department for review and approval at the time of plan check submittal. In addition, a
bond shall be posted with the Public Works Department to guarantee against defects in
plant materials and workmanship.
25. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and
of a variety approved by the Planning Director.
26. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
• Community Development Department • Planning Division •
City Council Meeting of November 22, 1993 Page 4
Conditional Use Permit No. 93 -15
27. A comprehensive sign program for both building and freestanding monument signs shall
be submitted for Planning Department approval prior to any signing installation. The
developer shall not erect or display on the subject property any signs which have not been
approved in writing by the Planning Department.
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. 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.
32. 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.
33. 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.
34. 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.
35. Prior to the issuance of building permits, the applicant shall enter into a covenant
agreement with the Cypress Redevelopment Agency. This covenant agreement shall
address the construction of ONE HUNDRED TWENTY -FOUR (124) elderly person or
household residential housing units as defined in Section 50067 of the Health and Safety
Code.
Not less than TWELVE (12) of such units shall be reserved for use and occupancy at an
affordable rent as defined in Section 50053 of the Health and Safety Code, by elderly
■ Community Development Department • Planning Division •
98
City Council Meeting of November 22, 1993 Page 5
Conditional Use Permit No. 93 -15
persons or households of "lower" income, as defined in Section 50079.5 of the Health and
Safety Code. Another THIRTEEN (13) such units shall be reserved for use and
occupancy at an affordable rent by elderly persons or households of "very low" income,
as defined in Section 50105 of the Health and Safety Code.
These inclusionary TWENTY -FIVE (25) units must remain available at an affordable
housing cost to households at the income levels indicated for the longest feasible time, but
for not less than the period of the land use controls established in the redevelopment plan.
If remaining units are developed or assisted with housing set -aside funds, then the Agency
shall require that those housing units shall remain affordable for the longest feasible time,
but for not less than fifteen (15) years.
BUILDING CONDITIONS
36. Applicant/developer shall comply with applicable provisions of the 1991 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California
Administrative Code, Title 24, and the Cypress City Code.
37. An automatic fire sprinkler system, approved by the Fire Marshal, shall be installed.
38. 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.
39. Type 5 cement shall be used for all foundations and slabs on grade.
40. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
41. Applicant/developer shall use fire retardant wood shingles for the roof, if applicable.
42. The landscape and irrigation plans shall be included in the original plan check submittal
to the Building and Safety Division.
FIRE CONDITIONS
43. Prior to the issuance of any building permits for combustible construction, evidence that
a water supply for fire protection is available shall be submitted to and approved by the
Fire Chief. Fire hydrants shall be in place and operational to meet requirements and fire -
flow prior to commencing combustible materials.
44. Prior to the issuance of any building permits, all underground piping for automatic fire
extinguishing systems shall be approved. Plans for an automatic fire extinguishing system
• Community Development Department • Planning Division •
City Council Meeting of November 22, 1993 Page 6
Conditional Use Permit No. 93 -15
shall be approved by the Fire Chief prior to installation. Such systems shall be
operational prior to the issuance of a Certificate of Use and Occupancy.
45. Prior to the issuance of any building permits, construction details for any controlled entry
access shall be approved by the Fire Chief. These details shall include width, clear
height, and means of emergency vehicle over -ride. Installation of controlled entry access
will have an impact on emergency vehicle response times.
46. 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
Orange County Fire Department Standard. On private property, these markers are to be
maintained in good condition by the property owner.
47. Prior to recordation of the final tract/parcel map, a note shall be placed on the map
indicating proposed fire lanes which shall be approved by the Fire Chief. A plan shall
be approved by the Fire Department indicating the curbs to be painted red and the type
of signage to be utilized. The CC &R's shall contain provisions which prohibit parking
in the fire lanes and provide a method of enforcement by the Home Owners Association.
48. Prior to the issuance of any building permits, provide documentation from the building
official indicating the occupancy classification.
49. Prior to the issuance of any building permits, provide to the Fire Chief a letter of intended
use. Include information as to the ambulatory status of the occupants and if a license is
required from California Social Services.
50. Prior to the issuance of any building permits, fire alarm plans shall be submitted to the
Fire Chief for approval. This shall comply with the California Uniform Fire Code Sec.
14.104 (g).
51. Prior to the issuance of any building permits, a proposal for mitigating the lack of access
to all portions of the first floor shall be provided to the Fire Chief for approval.
POLICE CONDITIONS
52. All parking areas including carports must be lighted to a level of .08 footcandles three
feet (3') above ground level during the hours of darkness.
53. All walkways, pool and spa areas, and koi pond area located within the complex must be
lighted to a level of .06 footcandles during the hours of darkness.
54. All apartment numbers must be clearly visible and lighted during the hours of darkness.
• Community Development Department • Planning Division •
100
City Council Meeting of November 22, 1993 Page 7
Conditional Use Permit No. 93 -15
55. All exterior lighting for the complex shall be activated by photo cell to ensure the lights
are always on during the hours of darkness.
56. Landscaping around the pool and spa area shall not block the view from adjacent homes.
Shrubbery shall be kept to 42 inches in height. (This provides for surveillance by
residents of the recreation area - security and safety issue.)
57. All doors for the individual units shall have single dead -bolt hardware (keyed exterior
lock, turn or twist interior knob).
58. The On and Off switch for the spa shall be of a key type, only allowing authorized users
to operate spa.
59. The access gate and walkway (located at north end of parking lot) must be illuminated
and clear of any obstructions of view for a minimum of ten (10) foot radius.
60. The Developer shall return to City Council prior to issuance of Building Permits, with a
resolution regarding the ability to increase the wall height along the west project
boundary, in order to deter access over the wall.
Revised 11/22/93
• Community Development Department • Planning Division •