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HomeMy WebLinkAboutResolution No. 3694RESOLUTION NO. 3694 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 89 -33 - 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 two- story, four -unit apartment complex with detached garages located at 8705 La Salle Street in the RM -20 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 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 because this project is located in the RM -20 Multi- Family Zone. (2) 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 materially injurious to properties or improvements in the vicinity, in that this project will assist in needed off -site improvements. (3) The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance. 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 -33, 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 12th day of February 1990. ����u_ Cis • t,� MQi1YOR OF THE CITY OF C E�ESS 1 ATTEST: CITY' C ER! CIT F STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CYPRESS 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 12th day of February 1990, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Arnold, Bowman, Kerry and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Age CITY' CLERK OF 4 HE CITY)* CYPRESS 2 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 89 -33 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. 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 finish grade, shall be constructed and /or maintained along the north, west 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 for the removal or height modification of their existing block walls. 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 in accordance with State of California and City of Cypress Public Works and Building Department standards. Exhibit "A" Conditional Use Permit No. 89 -33 Conditions of Approval 5. Installation of Cable T.V. shall be subject to Ordinance No. 726. Prior to construction, the shall contact Copley /Coloney, Inc. (Phone: (714) for specifications and procedures for prewire building and installation of the service wiring. permits shall be obtained at the.City. 6. The developer shall provide mailbox facilities residence, to the satisfaction of the Public Works Planning Director and Postmaster. Page 2 the City developer 826 -8680) of the Necessary for each Director, 7. The developer shall dedicate an additional ten feet (10') of right -of -way on the west side of La Salle Street. The west side of La Salle Street shall have a total half street right -of -way width of thirty feet (30'). La Sale Street improvements required for this project shall be designed by a California registered Civil Engineer and fully improved with either permanent (ultimate) street improvements or temporary improvements per City standards, as determined feasible by the City Engineer. Any street improvements may require the design and construction of street widening along the frontage of the adjacent, southerly property at 8711 La Salle Street. The construction cost of adjacent, ultimate improvements shall be reimbursed by the City to the developer. If ultimate improvements are waived by the City Engineer, the developer shall post a cash deposit with the City for the estimated cost of future street improvements in front of this development. 8. 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. 9. 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. 10. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: - Engineering Plan Check & 2964) . - Drainage 2287). Inspection Fee (Per Resolution Fee for Master Drainage Plan (Per Resolution - Sanitary Sewer Connection Fee (Per Orange Sanitation District, No. 3, Resolution 308). County Exhibit "A" Conditional Use Permit No. 89 -33 n conditions of Approval Page 3 - Grading Plan Check and Permit (Per Resolution 2964 & 3269). - All Applicable Building Department Fees. 11. The applicant /developer shall comply with all provisions of the City.Code. 12. All applicable conditions of Conditional Use Permit No. 89 -33 shall be complied with prior to occupancy of the subject building. 13. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued. 14. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 15. All requirements of the Orange County Fire Marshal's Office, Orange County Health Department, and Cypress Building and Safety Department shall be satisfied prior to commencement of the business operation. 16. The applicant shall obtain a Cypress business license prior to commencement of the business operation. 17. Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 89 -33 will require an amendment to the conditional use permit. 18. This conditional use permit may be modified or revoked by the City Council should the Council determine that the proposed use or conditions under which it is being operated or maintained is detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 19. Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to the issuance of building permits. 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. Exhibit "A" Conditional Use Permit No. 89 -33 Conditions of Approval Page 4 22. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 23. Parking for the handicapped shall be provided in accordance with State requirements. 24. 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. 25. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a variety approved by the Planning Director. 26. A redwood landscape retainer, a minimum of two inches by six inches (2" x 6 ") in size, shall be installed along all property lines where necessary to retain the landscape planters until adjoining properties are developed. 27. All landscaped areas adjacent to a street right -of -way shall contain a 3 to 1 berm. 28. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. 29. Security gate systems shall be equipped with a Knox box system providing access with a Knox submaster key for emergency access by police and fire services. The security gate system shall be approved in writing by the Cypress Police Department and Orange County Fire Department prior to issuance of building permits. 30. 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. 31. 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. 32. 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. Exhibit "A" Conditional Use Permit No. 89 -33 Conditions of Approval Page 5 33. Exterior building elevations shall be maintained in a safe appearance such that the buildings are free of broken, missing or significantly cracked surface finished materials. 34. Should second story windows be the cause of complaints from adjacent parcels, applicant shall provide a visual buffer to the satisfaction of the Planning Department.