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Resolution No. 3004476 RESOLUTION NO. 3004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 85-28 - 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 (6) two-story apartments with a one (1) unit density bonus allowance on a .295 -acre site located at 5542 Orange Avenue. 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 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) Orange Avenue, a fully improved secondary street, is adequate in size to accommodate all traffic 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. 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 12th day of November 1985. ATTEST: v % ?re CITY CLERK OF HE CITY, OF CYPRESS MAYOR F THE CITY 0 CYPRESS STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) 477 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 12th day of November 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 CITY 'L RK OF HE CITY, CYPRESS 2 478 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 85-28 1. The developer shall conform to all applicable provisions of the City Code. 2. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan, 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 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 adaj- cent grade, shall be constructed and/or maintained along the east, south and west 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 con- structed per City standards to protect all block walls and structures exposed to vehicular traffic. 4. The developer shall provide adequate "No Parking" controls with signing and striping within the turn -around area. 5. Installation of Cable T.V. shall be subject to the 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. 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. The carport floor and approach apron shall be constructed of Portland Cement Concrete. The carport area shall have security lighting to the satisfaction of the Building Superintendent. Where the end of the carport coincides with the property line, a minimum six-inch (6") thick block wall shall be constructed, and shall be of sufficient height to join with carport roof. 8. 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. 9. Orange Avenue shall be fully improved with curb, gutter, sidewalk, driveway, etc., in accordance with City standards. 479 - 2 10. 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. 11. One (1) 9500 MPS street light shall be installed per City and Southern California Edison standards. 12. Street trees (15 -gallon) forty feet (40') on center shall be installed 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. 13. Sewer laterals connecting existing houses at this property shall oe plugged at the property line. 14. The developer shall not erect or display on the subject property any signs which have not been approved in writing by the Planning Department. All proposed signing on the project site must be reviewed and approved. 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. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 18. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 19. Architectural elevations and site plans shall be reviewed and approved by the Planning [Department prior to Building Department plan check submittal. 20. The final exterior color scheme shall be submitted to City staff for review and approval prior to actually painting the structure. 21. All requirements of the Orange County Fire Marshall's Office and Cypress Building and Safety Department shall be satisfied prior to a Certificate of Occupancy being issued. 22. Consistent with the Density Bonus Policy, 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. 23. The exterior elevation of the second floor of the building and all window trim shall be constructed of standard wood siding material. The use of masonite siding shall not be permitted. 24. The carport structures shall be constructed with pitched roofs at a ratio to match the apartment building. 480 - 3 25. The 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, its Council, officers, members of boards or commissions and employees as 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 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. 26. 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 No. 303). Advanced street light energy charges shall be paid (for a one-year period). Grading permit fee (per Section 7007 Uniform Building Code). All applicable Building Department fees. 27. A Right -Turn Only sign exiting the project shall be installed subject to the approval of the Traffic Commission and the Traffic Engineer.