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Resolution No. 3540381 RESOLUTION NO. 3540 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 88 -32 - 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 ten apartment units, including two density bonus units at 5462 DeLong 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 medium density apartments, condominiums, townhouses or other group dwellings with provisions for adequate light, air, open space and landscaped area at maximum densities of 15.0 dwelling units per acre. Only those additional uses are permitted that are complimentary to, and can exist in harmony with, such residential developments. 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 ten -unit apartment project will be located within the RM -15 Residential Multi- Family Zone, and is consistent with that zoning. (2) The project complies with all minimum development standards including building setbacks, parking and landscaping. (3) The project entrance off of Walker Street, a secondary arterial, provides adequate access and circulation for residents, while diverting traffic from DeLong, a local residential street. (4) The project includes two density bonus units which will be made available to families of low- income. These density bonus units help the City to achieve its Housing Element goal to provide affordable housing. 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 of Cypress at a regular meeting held on the 13th day of March 1989. kame/ MAYOR Ol` THE CITY OF CYPRESS 192 ATTEST: k� CITY rERK 0 T CIT 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 March 1989, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Age, Arnold, Kerry and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK •F THE TY OF CYPRESS 383 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 88 -32 CONDITIONS OF APPROVAL 1. The developer shall conform to all applicable provisions of the City Code. 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. A topograph 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 undersidewalk drain. In parking areas, AC 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 south and west property lines. 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. 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, Inca (phone: [714] 826 -8680) for specifications and procedures for prewire of the building and installation of the service wiring. Necessary permits shall be obtained at the City. 6. The developer shall provide mailbox facilities for each residence, to the satisfaction of the Public Works Director, Planning Director, and Postmaster. 384 - 2 - 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. DeLong Street shall be fully improved with curb, gutter, sidewalk, driveway, paving, etc., in accordance with the City's 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. Streetlights shall be installed on DeLong Street and Walker Street per Southern California Edison Company requirements. Street name signs and traffic signs shall be installed per City standards. 11. Street trees (15 gallon) forty feet (40') 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. 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. The rear yard screen walls for Units 1, 2, 3 and 4 shall be constructed of six -foot (6') high wrought iron or equivalent with slumpstone posts. 14. Fees required for improvements are as follows: . 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). . Advanced streetlight energy fee for a one -year period. 383 - 3 - . Grading plan check and permit (per Resolutions 2964 and 3269). . All applicable Building Department fees. 15. 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 any defects in plant materials and workmanship. Dense landscaping shall be included in the landscaping plan to screen the garages, carports and neighboring properties. 16. A certificate of deposit in the amount of $3,000 shall be posted for a ten (10) year period to guarantee the plant materials, retaining walls, berming, and maintenance of the landscape screening and berming adjacent to Walker Street and Watson Street. Interest from the certificate of deposit shall remain with the principal to compensate for inflation in the cost of replacement of plant materials, retaining walls and berming. 17. 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. 18. The transformer boxes and water valves shall be adequately screened from view with plant materials. The location of all transformer boxes and water valves shall be shown on the detailed landscape plans and approved by the Planning Director. 19. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 20. Adequate trash enclosures shall be provided to the satisfaction of the Planning Department. 21. A sign proposal for any identification sign shall be submitted to the Planning Department for approval. 22. All architectural treatments shall be constructed as illustrated on plans and renderings submitted. The final exterior building materials and color scheme shall be submitted to City staff for review and approval prior to Building Department plan check submittal. 386 - 4 - 23. All requirements of the Orange County Fire Marshal's office shall be complied with prior to the issuance of a Certificate of Occupancy. 24. All requirements of the Building Department shall be met. The project shall meet the requirements for the 1985 Uniform Building, Plumbing and Mechanical Code, 1987 National Electrical Code, State Title 24 energy and handicapped accessibility. 25. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 26. Fire sprinklers for all buildings shall be required, per codified Ordinance 5 -1. 27. The drive areas shall be appropriately signed and marked for no parking, suitable for Fire Department access. 28. The subdivider 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, concerning the subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. City shall promptly notify the subdivider 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, subdivider shall not thereafter be responsible to defend, indemnify, or hold harmless the City. 29. All second -story windows shall have screens or baffles to be approved by the Planning Department prior to installation. 30. Should the property owner /applicant wish to convert the apartments into condominiums, a separate conditional use permit shall be required, subject to the approval of City Council. 31. No access shall be permitted on DeLong Street. 32. DeLong Street shall have fifty feet (50') of red curb painted on the south side from the beginning of the curb return at Walker Street, westerly.