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Resolution No. 2934338 RESOLUTION NO. 2934 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 85-11 - 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 twenty (20) two-story apartment units, including three density bonus units, on a .87 acre site generally located at 5292 and 5302 Bishop 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 per- mitted that arc 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 project will increase the community's affordable housing supply and aid the City in meeting its Housing Assistance Plan (HAP) goals. (2) Adequate onsite parking shall be provided for resi- dents and guests of the project. (3) Bishop Street is sufficient in size and improvements to accommodate any additional traffic generated by the proposed project. (4) There arc adequate public services and utilities in the arca to accommodate the proposed project. (5) Because of the conditions required of the developer pertaining to deletion of all southerly second -story windows, the location of the density bonus units, and the adequate screening materials, the proposed project should not have a negative impact upon the general health, safety and welfare of the surrounding property owners. 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 conditionsattached hereto as Exhibit "A." PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 10th day of June 1985. MAYOF THE CITYPOF C RESS ATTEST: 6� I1 )4 CIT CLERK OF THE CITYYPRESS 340 STATE OF CALIFORNIA j 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 of the said City Council held on the 10th day of June 1985, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CI' CLLEKZ OF T E CI 1 OF CYPRESS 2 341 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 85-11 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 and Zoning Ordinance shall be satisfied. A parcel map shall be required for consolidation of the existing two lots into one. 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. A topograph of the area sur- rounding this development 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. 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 grade, shall be constructed along the east and west property lines. A seven -foot (7') high block wall, measured from the highest adjacent grade, shall be constructed along the 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"). A six-inch (6") concrete curb shall be constructed per City standards to protect all block walls and structures exposed to vehicular traffic. 4. The developer shall provide adequate "No Parking" controls within the development and appropriate "No Parking - Fire Lane" signs or markings shall be installed per City Vehicle Code No. 22658, to the satisfaction of the City Engineer, Building Department Superintendent, and County Fire Marshall. The developer of this project shall provide a rear turn around area within the development to the satisfaction of the City Engineer. 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] 545-8071) for specifications and procedures for the prewire of the building and installation of the service wiring. Neces- sary 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. A11 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. 342 9. The location, width, and type of driveway 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 entrance with Bishop Street. No landscaping in excess of three feet (3') high will be allowed in the area of the driveway. 10. All secondary and primary utility services shall be underground. Trench- ing and backfill in streets shall be per City of Cypress Standard No. 110. 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. 11. Street trees (15 gallon) forty feet (40') on center shall be installed 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 main- tained by the developer. 12. Sewer laterals connecting existing houses at this property shall be plugged at the property line. 13. All roof mounted equipment, such as heating and air conditioning units, shall be adequately' screened from public view, subject to the approval of the City staff. 14. 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. 15. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff, constructed of a minimum six-foot (6') high concrete block wall with solid gates. 16. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 17. All proposed signing on the project site must be reviewed and approved. 18. 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. 19. All requirements of the Orange County Fire Marshall's Office shall be complied with prior to a Certificate of Occupancy being issued. 20. The developer shall provide either an N.F.P.A. 13-D residential fire sprinkler system or a fire apparatus turn around. 21. Consistent with the Density Bonus Policy, the developer shall, prior to the issuance of any building permits, enter into a written agreement with the City regulating the use of the density bonus units, in accordance with adopted City policy requiring that such units be made available to persons satisfying income criteria. The agreement shall be recordable, and shall be in a format acceptable to the City Attorney. The agreement shall be in effect for ten (10) years. 343 - 3 - 22. Fees required for improvements are as follows: Engineering plan checking and inspection fee (per Resolution 1713). Drainage fee for Master Drainage Plan (per Resolution 2287). Sanitary sewer connection fee (per Orange County Sanitation District No. 3, Resolution 303). All applicable Building Department fees. 23. The three density bonus units are to be located on the front one-half of the property, with the exact location to be determined by staff. 24. All second -story windows proposed for the south elevation shall be removed. 25. No play equipment shall be permitted in the thirty-foot (30') rear yard setback. Landscaping in this area shall be of a variety which discourages utilization of this setback for recreation purposes. 26. Twenty-four inch (24") box, Cupressocyparis Leylandii trees, seven -foot (7') on center, shall be planted along the rear wall for screening purposes.