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Resolution No. 38524 m' RESOLUTION NO. 3852 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 to amend a conditional use permit in accordance with the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to convert seven (7) apartment units to condominiums including one (1) density bonus unit at 9562 Walker Street in the RM-20 Residential Multiple - 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 amended 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 amended 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 condominium conversion is consistent with the Cypress General Plan and the Cypress Zoning Ordinance in that the subject property is designated for High Density Residential and zoned RM -20 Residential Multiple - Family respectively. (2) The proposed project will not be detrimental to the public health, safety or welfare, since the existing apartment project has already been designed and constructed to condominium standards per the Uniform Building and Fire Codes. (3) The proposed project will comply with each of the applicable provisions of the Zoning Ordinance except for a minor adjustment for the reduction of one (1) required parking space. c. The proposed amended 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 Amendment to 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 13th day of November, 1990. ATTEST:' CIT CLERRKr I E CT'P 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 13th day of November, 1990, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CI CLERK 0 THE CI OF CYPRESS 2 45 EXHIBIT "A" AMENDMENT TO CONDITIONAL USE PERMIT NO. 89 -23 AND TENTATIVE TRACT MAP NO. 14404 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. Tract Map No. 14404 and the C,C &R's per Condition 3 shall be recorded prior to the entering of escrow on the first sale of any unit. 2. Drainage shall be solved to the satisfaction of the City Engineer. A revised grading plan to conform to the amended site plan shall be submitted for approval. 3. 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. 4. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: - Final Subdivision Map Filing Fee (Per Resolution 2964). - Recreation and Parks Fee (Per Ordinance 769). - All applicable Building Department Fees. 5. All applicable conditions of Conditional Use Permit No. 89- 23 shall be complied with prior to occupancy of the subject building. 6. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 7. The developer shall enter into a written agreement with the City Council outlining the terms of the Density Bonus Policy prior to release of utilities. 8. An administrative adjustment shall be approved by the Planning Director to allow the reduction of one parking space from the seventeen (17) minimum required spaces.