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Resolution No. 3659RESOLUTION NO. 3659 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 89 -23 - 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 seven (7) apartment units, including one density bonus unit located at 9562 Walker Street, in the RM -20 Residential Multi- family 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 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 twenty (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. 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 apartment project is consistent with the uses permitted within the RM -20 Residential Multi- family Zone and is compatible with surrounding uses. (2) The project meets all development standards, including building setbacks, parking and landscape requirements. (3) The project includes one density bonus unit which contributes to the provision of affordable housing for families of low- income. This is consistent with the policies established in the Housing Element to the General Plan. 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. 89 -23, 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 11th day of December 1989. Mg11614ACITY OF CYPRESS ATTEST: CITY CLERK OF TH Y 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 llth day of December 1989, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Arnold, Bowman, Kanel and Age NOES: 1 COUNCIL MEMBERS: Kerry ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK F HE CI OF CYPRESS EXHIBIT "A" CONDITIONAL USE PERMIT NO. 89 -23 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 topographic map 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 on -site drainage conveyed to the street shall be by means of an undersidewalk drain. 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 %). 3. A minimum six foot (6') high block wall, measured from the highest adjacent finished grade, shall be constructed along the north and south property lines. The south property line shall have a single block wall only and the developer shall obtain, and submit to the city, the written permission or denial of the adjacent property owner(s) for the removal of their existing block wall. 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 finished 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 on -site and off -site in accordance with State of California and City of Cypress Public Works Department standards. 21i Exhibit "A" Conditional Use Permit No. 89 -23 Conditions of Approval Page 2 5. Installation of Cable T.V. shall be subject to the City Ordinance No. 726. Prior to construction, the developer shall contact Copley /Coloney, Inc. (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. 7. The carport floor and approach apron shall be constructed of Portland Cement Concrete. The carport area shall have security lighting to the satisfaction of the Building Official. Where the end of the carport coincides with the property line, a minimum six -inch (6 ") thick block wall shall be constructed and shall be of sufficient height to join with carport roof. 8. 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. 9. Walker Street shall be fully improved with one street tree, one street light, driveway modification, etc., in accordance with the City standards. 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: - Engineering Plan Check & 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 Street Light Energy Fee (For one year period). Exhibit "A" Conditional Use Permit No. 89 -23 Conditions of Approval Page 3 - Grading Plan Check and Permit (Per Resolution 2964 & 3269) . - All Applicable Building Department Fees. 13. An automatic fire sprinkler system shall be installed for all apartment units. 14. Prior to the issuance of building permits, plans for a residential 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. 15. Prior to the issuance of building permits, 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. The applicant shall comply with all applicable provisions of the 1988 Uniform Building, Plumbing and Mechanical Codes and the 1987 National Electrical Code California State Title 24 Energy and Handicapped provisions. 17. The curb along the north side of the driveway shall be painted red and posted with a "No Parking" sign. 18. A five foot (5') high wrought iron fence with a gate shall be installed at the entrance to the apartments separating the apartments and landscape area from the driveway and parking area. 19. For all apartment units, sliding glass doors leading out to private patios shall be installed with security locks and outdoor lighting. 20. The driveway entrance to the project shall be improved with a pavement treatment material such as brick or stone, to be approved by the Planning Department. 21. Security lighting shall be installed along the pedestrian walkway, at the entry to each unit and in the carports. A precise lighting plan shall be reviewed and approved by the Police Department. 22. The developer shall enter into a written agreement with the City Council outlining the terms of the Density Bonus Policy prior to issuance of any building permits. 23. Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to the issuance of building permits. (1 Exhibit "A" Conditional Use Permit No. 89 -23 Conditions of Approval Page 4 24. 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. 25. 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. 26. The developer shall provide an adequate number of trash enclosures on -site and at a location acceptable to City staff. 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. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a variety approved by the Planning Director. 29. All landscaped areas adjacent to a street right -of -way shall contain a 3 to 1 berm. 30. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. 31. 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. 32. 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. 33. Should the applicant wish to convert the apartments to condominiums, a separate conditional use permit will be required. 11H/n1