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.
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