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Resolution No. 3436 50 RESOLUTION NO. 3436 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 88-15 - 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 six apartment units including a one-unit density bonus, at 9502 Walker Street. 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 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 ) Walker Street and Orange Avenue are both fully improved secondary arterials that are adequate in size to accommodate the proposed traffic to be generated by this project. (2) The proposed project is consistent with the goals and objectives of the Cypress General Plan and Zoning Ordinance. (3) The proposed land use and design of the project is compatible with the surrounding properties. (4) There are adequate public services and utilities in the area to accommodate the project. (5) Additional landscaping has been provided to help screen the carports from Orange Avenue. (6) The proposed project will result in one density bonus unit which will provide affordable housing for a period of ten years. c. the proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance except for approved variances or adjustments. 4. The City Council DOES HEREBY GRANT said conditional use permit, 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 22nd'day of August 1988. / lie/Y4 a/Weee M YO F THE CITY OF CYPRESS 51 ATTEST: CITY CLERK /THE CITY 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 22nd day of August 1988; by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Kanel, Mullen and Arnold NOES: 0 COUNCIL MEMBERS: None ABSENT: 2 COUNCIL MEMBERS: Coronado and Davis ,° d / ' CITY CLERK IF THE TY OF CYPRESS - 2 - t_ i l 52 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 88-15 CONDITIONS OF APPROVAL 1. The developer shall conform to all applicable provisions of a.-- 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. All lots shall have a slope gradient of one percent ( 1% ) in landscape areas. In parking areas, AC shall have a minimum slope gradient of two percent ( 2% ), 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 maintained along the south and east property lines. A retaining wall per City standards shall be constructed at the property line where the finish 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 onsite and offsite in accordance with State of California and City of Cypress Public Works Department standards. 5. Installation of cable T. V. shall be subject to City Ordinance No. 726. Prior to construction, the developer shall contact Copley/Colony, 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. 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. 53 - 2 - 8. Orange Avenue shall be fully improved with a six-foot ( 6 ' ) wide sidewalk back of curb, wheelchair ramps, driveway, driveway closure, removal of power pole, etc. , in accordance with City' s standards. Walker Street shall be fully improved with driveway closure, etc. , in accordance with City standards. The corner cutoff shall be dedicated to the City of Cypress for roadway purposes. 9. All utility services shall be underground. The power pole south of the southeast corner of the property shall be removed. 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 on Orange Avenue and in the parkway on Walker Street in conformance to the street tree policy of the Public Works Department. 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. 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 and 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 ) . . Grading plan check and permit ( per Resolutions 2964 and 3269 ). . All applicable Building Department fees. 13. All requirements of the Orange County Fire Marshal ' s Office shall be complied with prior to a Certificate of Occupancy being issued. 54 - 3 - 14. All roof mounted equipment, such as heating and air conditioning units, shall be adequately screened from public view subject to the approval of City staff. 15. The final exterior color scheme shall be submitted to City staff for review and approval prior to actually painting the structure. 16. 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 any defects in plant materials and workmanship. 17. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. The building materials for the trash enclosure shall be reviewed by City staff prior to occupancy. 18. Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to Building Department plan check submittal. 19. Parking for the handicapped shall be provided in accordance with State requirements. 20. 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. 21. 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. 22. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 23. 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. 24. Landscape screening and berming along Walker Avenue and Orange Avenue shall be included in the landscape plans. 25. Patios directly fronting Walker Avenue shall not encroach into the twenty-foot ( 20 ' ) setback. 26. All parking shall be clearly marked to designate the unit and guest parking spaces.