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Resolution No. 2649236 RESOLUTION NO. 2649 A RESOLUTION OF TIIE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 83-5 - WITH CONDITIONS. TIIE 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 allow the construction of a four -unit apart- ment complex and to vary from the maximum second story floor area at 5662 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: To provide regulation for the development of those areas in the City which, due to their unique nature, require special con- sideration to: 1) assure maintenance of the low-density resi- dential character of the area and 2) accommodate larger parcels of land that are either existing or newly combined. 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 adjacent arterial street has more than adequate capacity to accommodate the projected volumes of pedestrian and vehicular traffic to be generated by this use. (2) The design of the project and the conditions of development attached thereto will insure that the property will be compatible with surrounding residential uses on adjacent property within the same zone. (3) The use is in conformance with the long-range objectives of the City as identified in the Land Use Element of the General Plan. c. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance except for approved variances to allow the floor area of the second story to exceed 30% of the first floor as required by the Zoning Ordinance. The City Council hereby finds: (1) That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship incon- sistent with the objectives of this chapter. (2) That the granting of the variance as conditioned will not constitute the granting of a special privilege inconsistent with the limitations on other properties in the vicinity classified in the same zone. (3) That the granting of the variance will not be detri- mental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 4. The City Council DOES HEREBY GRANT said conditional use permit, subject to the conditions attached hereto as Exhibit "A." 237 PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 23rd day of May 1983. ATTEST: jRK�/ yell( CITY Ci CITY CLERK OF HE CITY/OF CYPRESS STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) E 'ITY : CYPRESS 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 23rd day of May 1983, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin, and Lacayo NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None R44,�4 CITY CLERK OF HE CI OF CYPRESS 238 EXHIBIT "A" CONDITIONAL. USE PERMIT NO. 83-5 1. 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. 2. The developer shall conform to all applicable provisions of the City Code. 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. 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 casement shall be granted and drainage facilities provided for that property to the s:.tisfaction of the City Engineer. All onsite drainage conveyed to the strict shall be by means of an under - sidewalk drain, per Orange County Standard. All lots shall have a slope gradient of between one percent (I%) and three percent. (3%) from rear lot line to the street. 1n 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 (.20). q. A minimum six foot (6') high block wall, measured from the highest adjacent grade, shall be constructed along the northerly, southerly and westerly 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 per City Standards shall he constructed at a minimtun distance of three feet (3') from the base of all block walls rxposed to vehicular traffic. 5. 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 be submitted to the Public Works Department for approval at least thirty (30) days prior to planting date. Test results shall include concentration of nitrogen, phosphorus, potassium, pH, salinity, sodium status, and boron saturation extract. 6. 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. The developer shall provide mailbox facilities for each residence, to the satisfaction of the Public Works Director, Planning Director, and Postmaster. 8. The final roofing material shall be approved by City staff and comply with the fire retardant requirements for fire zone 2. 9. The developer shall comply with all requirements of the Orange County Fire Marshal's Office. 239 - 2 10. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 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. 11. 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. 12. The location, width, and type of driveway shall be subject to the approval of the City Engineer. The west end of the existing drive approach shall be removed and replaced with an eight foot (8') radius curb return type approach. A private easement for ingress and egress shall be granted by the property to the west of this development and recorded for that common use of the driveway. An effective sight distance for vehicular traffic shall be maintained at the intersection of the driveway entrances with Bishop Street. No landscaping in excess of three feet (3') high will be allowed in the area of the curb returns. 13. 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. 14. The common trash bin enclosure shall be constructed of a minimum six-foot (6') high concrete block wall with solid gate. 15. The two -foot (2') planter along the northeast property line shall be widened to three feet (3'). 16. Final dimensions and placement of the four (4) guest parking spaces shall be subject to the approval of the City Engineer and Community Development Director. 17. Developer shall provide the City with a Certificate of Insurance 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 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. 18. Fees required for improvements are as follows: a. Engineering plan checking and inspection fee. b. Drainage fee for Master Drainage Plan. c. Sanitary sewer connection fee. d. Grading permit fee. e. Developer's Tax ($50.00 per unit). f. All applicable Building Department fees. 240 - 3- 19. - 19. The apartment's bedroom windows shall be placed a minimus of four feet eight inches (4' 8") from the interior floor level of the second story. 20. Al] landscape plans shall be submitted to City Council for approval.