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Resolution No. 3522333 RESOLUTION NO. 3522 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 88 -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 seven -unit apartment complex at the southwest corner of Orange Avenue and Holder Street. 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 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. To provide a zone designed to protect the public interest in certain major public developments and at the same time protect private interests 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) Holder Street and Orange Avenue, are both fully improved secondary arterials that are adequate in size to accommodate the proposed traffic to be generated by this project. (2) The proposed project is consistent with the goals and objectives of the Cypress General Plan and Zoning Ordinance. (3) The proposed land use and design of the project is compatible with the surrounding properties. (4) There are adequate public services and utilities in the area to accommodate the project. (5) The proposed project will provide housing rental units which will further the goals of the Cypress Housing Element. c. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance except for approved variances or adjustments. 4. The City Council DOES HEREBY GRANT said conditional use permit subject to the conditions in Exhibit "A" attached. PASSED AND ADOPTED by the City Council of the City o regular meeting held on the 13th day of February 199. ress at a MAYOR OF THE CITY OF CYPRESS 334 ATTEST: yY`PL /Cis' --Cdj CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 1, 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 February 1989, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Arnold, Kanel, Kerry and Davis NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Age CITY CLERK F THE CI OF CYPRESS 333 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 88 -22 CONDITIONS OF APPROVAL The approval for Conditional Use Permit No. 88 -22 is contingent on the Redevelopment Agency's sale of parcel No. 132 - 181 -01. The conditional use permit shall not become valid until the final parcel map is approved and recorded by the County of Orange. 1. The developer shall conform to all applicable provisions of the City Code. All requirements of the State of California Subdivision Map Act, and the City's Subdivision Ordinance and Zoning Ordinance shall be satisfied. Parcel Map No. 88 -365 shall be recorded prior to the issuance of any building permits. 2. 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. All onsite drainage conveyed to the street shall be by means of an undersidewalk drain. In parking areas, A.C. shall have a minimum slope gradient of two percent (2 %), and concrete shall have a minimum slope gradient of two - tenths percent (.2 %). 3. A minimum six -foot (6') high block wall, measured from the highest adjacent finish grade, shall be constructed and /or maintained along the west and south property lines 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. 4. 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. 5. Installation of cable T.V. shall be subject to City Ordinance No. 726. Prior to construction, the developer shall contact Copley /Colony, Inc. (phone: [714] 826 -8680) for specifications and procedures for prewire of the building and installation of the service wire. Necessary permits shall be obtained at the City. 336 - 2 - 6. The developer shall provide mailbox facilities for each residence, to the satisfaction of the Public Works Director, Planning Director, and Postmaster. 7. 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. 8. Holder Street shall be fully improved with a six -foot (6') wide sidewalk, driveway closure, etc., in accordance with City standards. The Orange Avenue parkway shall be landscaped in accordance with City standards. 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 trees (15 gallon) forty feet (40') on center shall be installed in parkway on Orange Avenue and in back of the public sidewalk on Holder Street in conformance to the street tree policy of the Public Works Department. 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. 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 follow:;: Final subdivision map filing fee (per Resolution 2964). Engineering plan check and inspection fee (per Resolution 2964) . 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 Resolutions 2964 and 3269). . All applicable Building Department fees. 337 - 3 - 13. Fire sprinkler system required. 14. The project must meet the requirements of the 1985 Uniform Building, Plumbing, Mechanical Codes, 1987 National Electric Code, State Title 24 Energy and Handicapped Regulations and Cypress City Code. 15. Prior to issuance of any building permit 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 required fire flow prior to commencing construction with combustible materials. 16. Prior to the issuance of any building permits, plans for a residential /commercial automatic fire extinguishing system shall be approved by the Fire Chief. Such systems shall be operational prior to the issuance of a certificate of use and occupancy. 17. All requirements of the Orange County Fire Department must be met. 18. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 19. All requirements of the Orange County Fire Marshal's Office, Orange County Health Department, Cypress Planning Department, and Cypress Building and Safety Department shall be satisfied prior to Certificate of Occupancy. 20. 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. 21. Balconies shall not exceed six feet (6') in width with one dimension. 22. All roof mounted equipment, such as heating and air conditioning units, shall be adequately screened from public view subject to the approval of City staff. 23. 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. 333 4 24. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 25. Parking for the handicapped shall be provided in accordance with State requirements. 26. The parking spaces shall be assigned and numbered for each unit. Handicap and guest parking shall be clearly marked. 27. 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. 28. Dense landscaping shall be included in the landscape plans to screen the garages, carports and neighboring properties. 29. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a variety approved by the Planning Director. 30. All landscaped areas adjacent to a street right -of -way shall contain a three to one (3 to 1) berm. 31. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. 32. 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. 33. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 34. 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. 35. 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.