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Resolution No. 2729380 RESOLUTION NO. 2729 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 84-1 - 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 ten (10) residential condominium townhomes on property generally located at 9042 Moody 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: 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) The construction of new condominiums will replace an existing vacant parcel of land, thereby increasing the community's housing supply. (2) Adequate off-street parking has been provided for the ten (10) two-bedroom units, as required by the Cypress Zoning Ordinance. (3) The impact of traffic on Moody Street can easily be accommodated due to the limited number of units being developed. 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 9th day of January 1984. ATTEST: CITY CLERK OF`S CIT CYPRESS A 0A O OF THE CITY OP CYPRESS 381 STATE OF CALIFORNIA ) SS 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 held by the said City Council on the 9th day of January 1984, by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Kanel, Mullen and Partin NOES: 1 COUNCIL MEMBERS: Coronado ABSENT: 1 COUNCIL MEMBERS: Lacayo CITY CLERK OF THEM (/ OF CYPRESS 2 382 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 84-1 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 shall be satisfied. A condominium Tract Map shall be recorded prior to certificate of occupancy being issued. 2. Parcel Map 83-1121 shall be completed prior to certificate of occupancy. The Parcel Map must be revised to include carwash exit drive to Moody Street as part of Parcel 1 (carwash parcel). 3. The carwash property shall grant a private easement for sewer and drainage purposes in favor of Parcel 2 (the condominium property) if required. 4. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan, in ink on mylar, signed by a registered engineer and using actual grades from an Orange County surveyor's benchmark shall be submitted for approval. In parking area, AC shall have a minimum slope gradient of two percent (2%), and concrete shall have a minimum slope gradient of two-tenths percent (.2%). 5. The trash enclosure for the development shall be located adjacent to the north property line with access gates for disposal trucks to open onto the carwash property. An access easement to the trash enclosure shall be provided subject to the approval of City staff. 6. A maintenance agreement by and between the carwash property and condo - minimum property shall cover maintenance of the sewer line on the carwash exit drive if required. 7. A minimum six-foot (6') high block wall, measured from the highest adjacent grade, shall be constructed along the north and south property lines. A retaining wall per City standards shall be constructed at the property line where the grade difference is greater than twelve inches (12"). 8. The developer shall provide adequate "No Parking" controls within the development to the satisfaction of the City Engineer. "No Parking" controls shall be included in the conditions, covenants and restrictions of this development. In addition, the developer shall cooperate with the City and take all steps necessary to permit the City to enforce the provisions of the California Vehicle Code along the private drives as provided by Section 21107.7 of the California Vehicle Code. 9. "No Parking - Fire Lane" signs shall be installed along the driveway per California Vehicle Code No. 22658, to the satisfaction of the City Engineer, Building Department Superintendent, and County Fire Marshall. 383 10. A landscape and irrigation plan shall he submitted for approval by the (:ity and a bond posted by the applicant to guarantee against any defects in plant materials and workmanship. A soils report for all planting areas, by a qualified agricultural laboratory, shall be sub- mitted to the Public Works Department for approval at least thirty (30) days prior to planting date. Test results shall include concen- tration of nitrogen, phosphorus, potassium, pH, salinity, sodium status, and boron saturation extract. 11. Wheelchair and handicap access facilities shall he installed onsite in accordance with State of California and City of Cypress Building Department standards. 12. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. A11 roof mounted equipment, such as heating and air conditioning units, shall he adequately screened from public view, subject to the approval of the City staff. 13. The developer shall provide mailbox facilities for each residence, to the satisfaction of the Public Works Director, Planning Director, and Postmaster. 14. The garage floor and approach apron shall be constructed of Portland Cement concrete. The garage area shall have srcurity lighting to the satisfaction of the Building Superintendent. 15. A copy of the conditions, covenants, and restrictions (C, C, E R's) covering the development shall he 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, F, R's so that the development will not become a liability to the City at a later date. 16. All existing public improvements at the development site which are damaged, cracked, or otherwise below standard, shall be removed and replaced to the satisfaction of the City Engineer. 17. All secondary and primary utility services shall be underground. The street in front of this development shall be resurfaced with one inch (1") minimum thickness asphalt concrete cap from curb to curb if it is necessary to open cut the street in more than one place. Any open cut shall be backfilled per City of Cypress Standard No. 110. 18. Where necessary, street name signs and traffic signs shall be installed per City Standards. Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City Standards. 19. Street trees (15 gallon) forty feet (40') on center shall be installed along streets in back of sidewalk in conformance to the street tree policy of the Public Works Department. The type of trees shall be as required under the Townscape and Urban Design Element of the General Plan. 384 20. Final building elevations which indicate specific construction materials and color schemes shall be submitted to the Planning Department for review and approval prior to the issuance of building permits. 21. Developer shall provide the City with a Certificate of Insurance evi- dencing a comprehensive liability insurance policy(s) with a combined single limit of not less than $500,000 each occurrence in connection with the work performed. Certificate shallinclude the City as additional insured. Policy shall include the City, its Council, officers, members of boards or commissions and employees are hereby declared to be additional Named Insureds with respect to all claims, actions, damages, liabilities and expenses, including attorney's fees, arising out of or in connection with the work to be performed under the development exe- cuted by the Named Insured and City, including any act or omission of employees, agents, subcontractors, or their employees. Such certifi- cate shall have a thirty (30) day cancellation notice to the City of Cypress. 22. Lees requi for unprovements are as follows: a. Final subdivision map filing fee (per Resolution No. 1713). b. Recreation and Narks fee (per Cypress Subdivision Ordinance). c. Sanitary sewer connection fee (per Orange County Sanitation District, No. 3, Resolution No. 303). d. Brading permit fee (per Section 7007 Uniform Building Code). c. Developer's Tax ($50.00 per unit). I. N 1 applicable Building Department fees.