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Resolution No. 3577RESOLUTION NO. 3577 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO 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 condominium units, including two density bonus units at 5462 De Long 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 condominium 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 De Long, 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 22nd day of May 1989. MAYOR (AA& THE C TY OF CYPRESS 499 ATTEST: CITY C ERK' E CITX 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 22nd day of May 1989, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: NOES: 0 COUNCIL MEMBERS: ABSENT: 0 COUNCIL MEMBERS: Age, Arnold, Kerry and Kanel None None CITY � ELO E C IT OF CYPRESS SO° EXHIBIT "A" AMENDMENT TO CONDITIONAL USE PERMIT NO. 88 -32 AND TENTATIVE TRACT MAP NO. 12385 CONDITIONS OF APPROVAL 1. The developer shall conform to all applicable provisions of the City Code. All requirements of the State Subdivision Map Act, and the City's Subdivision Ordinance and Zoning Ordinance shall be satisfied. 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 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 grade, shall be constructed along the west property line. A retaining wall per City standards shall be constructed at the property line where the grade difference is greater than twelve inches (12 "). A six -inch concrete curb shall be constructed per City standards to protect all block walls and structures exposed to vehicular traffic. 4. Prior to the issuance of building permits, final fencing plans shall be approved by the Design Review Committee for fencing to be constructed along the north and south property lines. 5. The developer shall provide adequate "No Parking" controls within the development and appropriate "No Parking - Fire Lane" signs shall be installed along the driveway per California Vehicle Code No. 22658, to the satisfaction of the City Engineer, Building Department Superintendent, and County Fire Marshal. The developer of this project shall provide adequate speed control within the development to the satisfaction of the City Engineer. Onsite traffic circulation shall be subject to the approval of the City Engineer. The CC &R's shall include this restriction. 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. -Co� - 2 - 7. 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 the 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. The five (5) parking spaces at the west end of the driveway shall be permanently and distinctly marked and maintained for "Residents only." The five (5) parking spaces east of Unit 10 shall be marked and maintained for "Guests only." The CC &R's shall include these restrictions. 10. A copy of the conditions, covenants, and restrictions (CC &R) covering the development shall be submitted to the City staff and City Attorney for their review, recommendations, and approval to assure the continuance, maintenance, applicability, and enforceability of the CC &R so that the development will not become a liability to the City at a later date. 11. All existing public improvements at the development site which are damaged due to construction, shall be removed and replaced to the satisfaction of the City Engineer. 12. DeLong Street shall be fully improved with curb, gutter, six -foot (6') sidewalk back of curb, driveway, etc., in accordance with the City's Master Plan of Streets. 13. 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. 14. 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. 15. 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. Landscaping in public right -of -way shall be maintained by the adjacent property owner. .S o - 3 - 16. 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. 17. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued. 18. All roof mounted equipment, such as heating and air conditioning units, shall be adequately screened from public view, subject to the approval of the City staff 19. Final building elevations which indicate specific construction materials and exterior color scheme shall be submitted to the Planning Department for review and approval prior to the issuance of building permits. 20. A detailed landscape and 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 and an offsite landscape and irrigation system shall be installed and maintained by the developer. 21. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 22. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 23. 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 Sanitation District No. 3, Resolution 308). Advanced streetlight energy fee for a one -year period. Final subdivision map filing fee (per Resolution 2964). Park and Recreation fee (per Ordinance 769). County So3 - 4 - . Grading plan check and permit (per Resolutions 2964 and 3269) . All applicable Building Department fees. 24. All proposed signing on the project site must be reviewed and approved by the Planning Director prior to installation. 25. Consistent with the Density Bonus Policy, the developer shall enter into a written agreement with the City Council to be recorded with the Orange County Recorder, outlining the terms of the density bonus units prior to the issuance of any building permits. 26. 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. 27. No project access will be permitted on DeLong Street. DeLong Street will have fifty feet (50') of red curb on the south side from the beginning of the curb return at Walker Street, westerly. 28. 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. 29. Fire sprinklers for all buildings shall be required, per codified Ordinance 5 -1. 30. Prior to recordation of Tract Map No. 12385, the map shall be revised to show the correct subdivider and owner.