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Resolution No. 2735392 RESOLUTION NO. 2735 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 84-2 - 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 fifteen (15) condominium townhomes on property generally located at 8851 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: 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 the new condominiums will replace an existing parcel currently developed with three older single family residences. (2) Adequate off-street parking has been provided for the fifteen (15) two-bedroom units as required by the Cypress Zoning Ordinance. (3) The impact of traffic on Walker Street can easily be accommodated. Walker Street is a primary arterial which is improved to its ultimate right-of-way in that location. 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 hold on the 23rd day of January 1984. ATTEST: 7 ? l E/C LTY OF CYPRESS IAYOR�Y OF CYPRESS 393 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 23rd day of January 1984, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Kanel, Lacayo, Mullen and Partin NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Coronado CITYCCI.Ekk F Y OF CYPRESS - 2 - 394 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 84-2 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 Subdi- vision Ordinance shall be satisfied. 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 sub- mitted for approval. A topograph of the area surrounding this develop- ment shall be made to establish existing drainage flow patterns. 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 underside - walk 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 (.20). 3. A minimum six-foot (6') high block wall, measured from the highest adjacent grade, shall be maintained and/or constructed along all property lines except Walker Street. The existing block wall on the north property line adjacent to the carports shall have a redwood extension or similar installed to meet with the carport roof. The design and structural cal- culations of the extension shall be by a registered engineer with approval by the City Engineer. A letter of permission from the property owner to the north to undertake said work shall he filed in the office of the City Engineer prior to the grading permit being issued. A retaining wall per City standards shall be constructed at the property line where the grade difference is greater than twelve inches (12"). A six-inch (6") concrete curb per City standards shall be constructed at a minimum distance of three feet (3') from the base of all block walls and structures exposed to vehicular traffic, or as approved by City Engineer. 4. The developer shall provide adequate "No Parking" controls with the development to the satisfaction of the City Engineer. "No Parking" controls shall be included in the conditions, covenants and restrictions of the development. In addition, the developer shall cooperate with the City and take all steps necessary to permit the City to enforce the pro- visions of the California Vehicle Code along the private streets as pro- vided by Section 21107.7 of the California Vehicle Code. "No Parking - Eirc Lane" signs shall be installed along the driveway, per California Vehicle Code No. 22658, to the satisfaction of the City Engineer, Build- ing Department Superintendent, and County Fire Marshall. 395 - 2 3. A landscape and irrigation plan shall be submitted for approval by the City 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 he submitted to the Public Works Department for approval at least thirty (30) days prior to planting date. Test results shall include concentration of nitroten, phosphorus, potassium, pll, salinity, sodium status, and boron saturation extract. Wheelchair and handicap access facilities shall be installed onsite and offsite in accordance with State of California and City of Cypress Building Department standards. 7. Onsite security lighting shall be arranged so that direr t 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 City staff. R. The developer shall provide mailbox facilities for each residence, to the satisfaction of the Public Works Director, Planning Director, and Postmaster. 9. A copy of the conditions, covenants, and restrictions (C, C, 6 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, G R's so that the development will not become a liability to the City at a later date. 10. The developer shall comply with all construction requirements of the Orange County Fire Marshall's Office. 'Phe common trash container enclosure shall be con. six-foot (6') high concrete block wall with solid view of trash bins. nc ted of a minimum es to block the 12. final building elevations which indicate specific construction materials and color schemes shall be submitted to the Plano'ung Department for review and approval prior to the issuance of building permits. 13. All proposed signing on the project site oust bu reviewed and approved by the Planning Director prior to installation. 11. Walker Strcct shall be fully improved with curb, gutter, sidewalk, driveway, etc., in accordance with the Master Plan of Streets and Highways. 7h. Driveway structural sections shall be based on the recommendation and soils report prepared by an engineering firm acceptable to the City Engineer, with structural scut ions to be determined by using an appli- cable T.I. (Traffic Index). A11 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 Fngineer. 396 3 16. The type of drive approach shall be subject to the approval of the City Engineer. An effective sight distance for vehicular traffic shall be maintained at the intersection of the driveway entrances with Walker Street. No landscaping in excess of three feet (3') high will be allowed in the arca of the curb returns. Adequate sight distance also shall be maintained within the development at all driveway intersections 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. lg. 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 and in conjunction with the onsite landscape plan. The type of trees shall be as required under the Townscape and Urban Design Element of the General Plan. 19. A master plan of sewers shall be submitted for approval by the City Engineer, with plan check and inspection by the City's Engineering Division, subject to plan checking and inspection fees. Sewer laterals connecting existing houses at this property shall be plugged at the property line. 70. Developer shall provide the City with a Certificate of Insurance on City form evidencing 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 shall include 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 he performed under the development executed by the Named Insured and City, including any act or omission of employees, agents, subcontractors, or their employees. Such certificate shall have a thirty (30) day cancellation notice to the City of Cypress. Fees required for improvements are as follows: a. Final subdivision map filing fee. b. Engineering plan checking and inspection fee. c. Recreation and Parks fee. d. Drainage fee for .vaster drainage plan. e. Sanitary sewer connection fee. f. Advanced street light energy charges shall be paid for a one year period. 397 q g. Grading permit fee. h. All applicable Building Department fees. 22. The developer shall submit a revised site plan identifying those patios which have been expanded from six feet (6') to ten feet (10') in depth.