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Resolution No. 3484 223 RESOLUTION NO. 3484 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 88-13 - 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 42 apartment units including an 8-unit density bonus at 8781 Walker Street and 8774 Watson 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 devel opmeas. 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 project is consistent with the goals and objectives of the Cypress General Plan and Zoning Ordinance. (2) The proposed land use and design of the project is compatible with the surrounding properties. (3) There are adequate public services and utilities in the area to accommodate the project. (4) Walker Street, a fully improved secondary arterial is adequate in size to accommodate the proposed traffic to be generated by this project. (5) Adequate onsite parking shall be provided for residents and guests of the project. (6) The proposed project will result in eight density bonus units which will provide affordable housing for a period of ten ( 10) 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 in Exhibit "A" attached. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 28th day of November 1988. i` AYs, 7OF THE CITY OF CYPRESS 224 ATTEST: CITY CLERK F THE CpY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that, ►e foregoing Resolution was duly adopted at a regular meeting of the said''eity Council held on the 28th day of November 1988, by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Kanel, Mullen and Arnold NOES: 1 COUNCIL MEMBERS: Davis ABSENT: 1 COUNCIL MEMBERS: Coronado 47,),(6, 1(e! CITY CLERK 0 THE CLFY OF CYPRESS _ 2 _ 225 EXHIBIT 'A' CONDITIONAL USE PERMIT NO. 88-13 AND PARCEL MAP NO. 88-273 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. 88-273 shall be record prior to issuance of Building Department permits. 2. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan, in ink in 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 topograph of the area surrounding this development shall be made to establish existing drainage flow patters. 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 onsite drainage conveyed to the street shall be by means of an undersidewalk drain. 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 constructed and/or maintained along south property line. 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. A seven foot ( 7 ' ) high block wall, measured from the highest adjacent finish grade shall be constructed along the north and northerly portion of the west property lines. A retaining wall per City standards shall be constructed at the property line where the finish grade difference is greater than twelve ( 12" ) inches. 5. 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. 226 6. 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. 7. The developer shall provide mailbox facilities for each residence, to the satisfaction of the Public Works Director, Planning Director, and Postmaster. 8. : the carport floor shall be constructed of Portland Cement Concrete. The carport area shall have security lighting to the satisfaction of the Building Superintendent. 9. A A xisting public improvements at the development site wi:a ` are damaged due to construction, cracked, or otherwise below standard, shall be removed and replaced to the satisfaction of the City Engineer. 10. Walker Street shall have an additional two ( 2 ) foot wide dedication and be fully improved with driveway, driveway closure, streetlights, etc. , in accordance with City standards. Walker Street shall have a half right-of-way width of forty-two feet ( 42 ' ). Watson Street shall be fully improved with streetlight, asphalt pavement repair, etc. , in accordance with City standards. 11. 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. 12. Street trees ( 15 gallon) forty feet ( 40 ' ) on center shall be installed on Walker Street in back of public sidewalk in conformance to the street tree policy of the Public Works Department and shall be incorporated with the onsite 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. 13. 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. - 2 - 227 14. Fees required for improvements are as follows: ▪ Final subdivision map filing fee (per Resolution 2964 ) . Engineering plan check and inspection fee (per Resolution 2964 ). . Drainage fee for master drainage plan (per Resolution 2964 ). . Sanitary sewer connection fee (per Orange County Sanitation District No. 3, Resolution 307 ). . Advanced street energy fee ( for a one year period). . Grading plan check and permit (per Resolutions 2964 and 3269 ). . All applicable Building Department fees. 15. The parking spaces shall be assigned and numbered for each unit. Handicap and guest parking shall also be clearly marked. 16. The pool equipment shall be enclosed and screened in a structure located next to the recreation room away from all residences. 17. 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. 18. A certificate of deposit in the amount of $3, 000 shall be posted for a ten ( 10) year period to guarantee the plant materials, retaining walls, berming, and maintenance of the landscape screening and berming adjacent to Walker Street and Watson Street. Interest from the certificate of deposit shall remain with the principal to compensate for inflation in the cost of replacement of plant materials, retaining walls and berming. 19. The transformer boxes and water valves shall be adequately screened from view with plant materials. The location of all transformer boxes and water valves shall be shown on the detailed landscape plans and approved by the Planning Director. 20. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. - 3 - 223 21. 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. 22. Dense landscaping shall be included in the landscaping plan to screen the garages, carports and neighboring properties. 23. The parking shall include 80 covered spaces and 18 opened spaces. Two of the open spaces shall be converted to covered spaces to provide the required parking. 24. Adequate trash enclosures shall be provided to the satisfaction of the planning department. 25. A sign proposal for any identification sign shall be submitted to the planning department for approval. 26. All roof mounted equipment such as heating and air conditioning units shall be screened from public view subject to the approval of City staff. 27. All architectural treatments shall be constructed as illustrated on plans and renderings submitted. The final exterior building materials and color scheme shall be submitted to City staff for review and approval prior to building department plan check submittal. 28. All requirements of the Orange County Fire Marshal 's office shall be complied with prior to a Certificate of Occupancy. 29. All requirements of the Building Department shall be met. The project shall meet the requirements for the 1985 uniform building, plumbing and mechanical code, 1987 national electrical code, state title 24 energy and handicapped accessibility. 30. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 31. Fire sprinklers for all buildings shall be required. 32. Balconies shall not exceed six feet ( 6 ' ) in width with one dimension. 33. 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. - 4 - 229 34. 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 66499. 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. 35. Any gated ingress or egress at the project site driveway adjacent to Walker Street shall be designed and constructed such that the gate ( 1 ) is located at least twenty feet ( 20' ) inside the property line; ( 2 ) shall automatically open for any vehicle approaching the gate such that no vehicle will be required to back out onto Walker Street; ( 3 ) shall have manual override controls accessible to the satisfaction of the Cypress Police Department and Orange County Fire Department; and ( 4 ) is subject to architectural review by the Design Review Committee. 36. The pedestrian access gate to the project from Watson Street ( 1 ) shall be designed and constructed to incorporate a Knox locking device system to the satisfaction of the Cypress Police Department and Orange County Fire Department; ( 2 ) shall be self-closing and self-locking; ( 3 ) shall not project into the public right-of-way when opened; and ( 4 ) shall be subject to architectural review by the Design Review Committee. - 5 - 231 ATTEST: ,/ /^ CITY CLERK Of THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 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 28th day of November 1988, by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Kanel, Mullen and Arnold NOES: 1 COUNCIL MEMBERS: Davis ABSENT: 1 COUNCIL MEMBERS: Coronado CITY CLERK` O1 THE C,.ITY OF CYPRESS - 2 - 0 232 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 88-13 AND PARCEL MAP NO. 88-273 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. 88-273 shall be record prior to issuance of Building Department permits. 2. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan, in ink in 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 topograph of the area surrounding this development shall be made to establish existing drainage flow patters. 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 onsite drainage conveyed to the street shall be by means of an undersidewalk drain. 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 constructed and/or maintained along south property line. 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. A seven foot ( 7 ' ) high block wall, measured from the highest adjacent finish grade shall be constructed along the north and northerly portion of the west property lines. A retaining wall per City standards shall be constructed at the property line where the finish grade difference is greater than twelve ( 12" ) inches. 5. 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. 6. 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 1 building and installation of the service wiring. Necessary permits shall be obtained at the City. 7. The developer shall provide mailbox facilities for each residence, to the satisfaction of the Public Works Director, Planning Director, and Postmaster. 8. The carport floor shall be constructed of Portland Cement Concrete. The carport area shall have security lighting to the satisfaction of the Building Superintendent. 9. 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. 10. Walker Street shall have an additional two ( 2 ) foot wide dedication and be fully improved with driveway, driveway closure, streetlights, etc. , in accordance with City standards. Walker Street shall have a half right-of-way width of forty-two feet ( 42 ' ). Watson Street shall be fully improved with streetlight, asphalt pavement repair, etc. , in accordance with City standards. 11. 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. 12. Street trees ( 15 gallon) forty feet ( 40 ' ) on center shall be installed on Walker Street in back of public sidewalk in conformance to the street tree policy of the Public Works Department and shall be incorporated with the onsite landscape plan. The type of trees shall be as required by the City's street tree orditnce. Landscaping in public right-of-way shall be maintained by the developer. 13. 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. - 2 - 234 14. Fees required for improvements are as follows: ▪ Final subdivision map filing fee (per Resolution 2964 ) . Engineering plan check and inspection fee (per Resolution 2964 ). . • Drainage fee for master drainage plan (per Resolution 2964 ). . Sanitary sewer connection fee (per Orange County Sanitation District No. 3, Resolution 307 ). . Advanced street energy fee ( for a one year period). . Grading plan check and permit (per Resolutions 2964 and 3269 ). . All applicable Building Department fees. 15. The parking spaces shall be assigned and numbered for each unit. Handicap and guest parking shall also be clearly marked. 16. The pool equipment shall be enclosed and screened in a structure located next to the recreation room away from all residences. 17. 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. 18. A certificate of deposit in the amount of $3, 000 shall be posted for a ten ( 10 ) year period to guarantee the plant materials, retaining walls, berming, and maintenance of the landscape screening and berming adjacent to Walker Street and Watson Street. Interest from the certificate of deposit shall remain with the principal to compensate for inflation in the cost of replacement of plant materials, retaining walls and berming. 19. The transformer boxes and water valves shall be adequately screened from view with plant materials. The location of all transformer boxes and water valves shall be shown on the detailed landscape plans and approved by the Planning Director. 20. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. - 3 - 235 21. 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. 22. Dense landscaping shall be included in the landscaping plan to screen the garages, carports and neighboring properties. 23. The parking shall include 80 covered spaces and 18 opened spaces. Two of the open spaces shall be converted to covered spaces to provide the required parking. 24. Adequate trash enclosures shall be provided to the satisfaction of the planning department. 25. A sign proposal for any identification sign shall be submitted to the planning department for approval. 26. All roof mounted equipment such as heating and air conditioning units shall be screened from public view subject to the approval of City staff. 27. All architectural treatments shall be constructed as illustrated on plans and renderings submitted. The final exterior building materials and color scheme shall be submitted to City staff for review and 'approval prior to building department plan check submittal. 28. All requirements of the Orange County Fire Marshal 's office shall be complied with prior to a Certificate of Occupancy. 29. All requirements of the Building Department shall be met. The project shall meet the requirements for the 1985 uniform building, plumbing and mechanical code, 1987 national electrical code, state title 24 energy and handicapped accessibility. 30. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 31. Fire sprinklers for all buildings shall be required. 32. Balconies shall not exceed six feet ( 6 ' ) in width with one dimension. 33. 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. - 4 - 236 34. 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 66499. 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. 35. Any gated ingress or egress at the project site driveway adjacent to Walker Street shall be designed and constructed such that the gate ( 1 ) is located at least twenty feet ( 20 ' ) inside the property line; ( 2 ) shall automatically open for any vehicle approaching the gate such that no vehicle will be required to back out onto Walker Street; ( 3 ) shall have manual override controls accessible to the satisfaction of the Cypress Police Department and Orange County Fire Department; and ( 4 ) is subject to architectural review by the Design Review Committee. 36. The pedestrian access gate to the project from Watson Street ( 1 ) shall be designed and constructed to incorporate a Knox locking device system to the satisfaction of the Cypress Police Department and Orange County Fire Department; ( 2 ) shall be self-closing and self-locking; ( 3 ) shall not project into the public right-of-way when opened; and ( 4 ) shall be subject to architectural review by the Design Review Committee. - 5