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Resolution No. 3717RESOLUTION NO. 3717 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 90 -1 - 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 four (4) condominium units located at 5612 Orange Avenue. 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 four (4) unit condominium project is consistent with the City of Cypress Zoning Ordinance. (2) The proposed project meets the requirements of the City of Cypress Subdivision Ordinance and the Subdivision Map Act. 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. 90 -1, 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 26th day of March 1990. ATTEST: CITY CLERK'OF`THL CI CYPRESS STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) m4524tcl&z, YOA OF THE CITY OF CYPR S 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 26th day of March 1990; by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Bowman, Kerry and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Age ABSTAINED: 1 COUNCIL MEMBERS: Arnold EXHIBIT "A" CONDITIONAL USE PERMIT NO. 90 -1 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. Parcel Map No. 89 -371 shall be recorded prior to issuance of Building Department Permit. 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 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'), maximum seven foot (7') 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 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. 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. 5. The developer shall provide mailbox facilities for each residence, to the satisfaction of the Public Works Director, Planning Director and Postmaster. 6. A Copy of the conditions, covenants, and restrictions (C,C &R's) 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 C,C &R's so that the development will not become a liability to the City at a later date. Exhibit "A" Conditional Use Permit No. 90 -1 and (7J Tentative Parcel Map No. 89 -371 Page 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. Graham Street shall be fully improved with two driveways, two driveway closures, widened sidewalk at the southwest corner of Orange Avenue and Graham Street, etc., in accordance with City standards. The straight line corner cutoff at the southwest corner of Orange Avenue and Graham Street shall be dedicated to the City of Cypress for roadway purposes. 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. 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 on -site 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 developer. 11. The developer shall comply with all requirements of the FAA should any portion of the development encroach within the 100 to 1 imaginary surface surrounding the Los Alamitos Air Base. Encroachment within the 50 to 1 approach surface will require approval by the FAA. 12. One (1) street light on Marbelite pole shall be installed on Graham Street, approximately opposite the Community Center driveway entrance. 13. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: - Engineering Plan Check & Inspection Fee (Per Resolution 2964). - Park and Recreation Fee (Per Ordinance 769). - Drainage Fee for Master Drainage Plan (Per Resolution 2287). - Sanitary Sewer Connection Fee (Per Orange County Sanitation District, No. 3, Resolution 308). Exhibit "A" Conditional Use Permit No. 90 -1 and Tentative Parcel Map No. 89 -371 Page 3 - Grading Plan Check and Permit (Per Resolution 2964 & 3662). - All Applicable Building Department Fees. 14. 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 666499.37 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. 15. All applicable conditions of Conditional Use Permit No. 90 -1 and Tentative Parcel Map No. 89 -371 shall be complied with prior to occupancy of the subject building. 16. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued. 17. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 18. The applicant shall obtain a demolition permit prior to the demolition of any existing structures on the subject property. 19. Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 90 -1 will require an amendment to the conditional use permit. 20. Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to the issuance of building permits. 21. 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. Exhibit "A" r (Conditional Use Permit No. 90 -1 and J °Tentative Parcel Map No. 89 -371 Page 4 22. Balconies shall not exceed six feet (6') in width with one dimension. 23. 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. 24. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 25. 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. 26. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a variety approved by the Planning Director. 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. 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. 30. 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. 31. 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. 32. 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. 33. As a condition of Conditional Use Permit No. 90 -1 and the Covenants, Conditions and Restrictions, both items shall contain a condition requiring guest parking spaces to be marked as such, prohibiting all other parking and authorizing the towing of any violators. Exhibit "A" Conditional Use Permit No. 90 -1 and Tentative Parcel Map No. 89 -371 Page 5,10 ti- V 1 34. Prior to the issuance of any building permits for combustible construction, 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. 35. Prior to the issuance of any building permits, plans for a residential /commercial automatic 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. 36. If the second story windows create a privacy problem for adjacent property owners, measures shall be taken to resolve the problem. These mitigation measures shall be subject to Design Review and may consist of, but not be limited to, requirements for additional perimeter landscaping and /or window coverings as determined appropriate by the Design Review Committee.