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Resolution No. 2695318 RESOLUTION NO. 2695 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 83-18 - 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 an additional five apartment units to an existing twelve -unit apartment complex while implementing a two -unit density bonus allowance as provided for by the State of California, on property generally located at 8626 through 8648 Watson 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 medium density Apartments, Condominiums, Townhouses or other group dwellings with provisions for adequate light, air, open space and landscaped area at maximum densities of 15.0 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 applicant has significantly upgraded the existing property by providing an additional 24 onsite parking spaces. (2) The construction of the new units will increase the community's affordable housing supply and aid the City in meeting its Housing Assistance Plan (HAP) goals. (3) The area is located directly across the street from a community park, thereby providing additional open space for apartment dwellers. 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 26th day of September 1983. ATTEST: CITY CLERX'OF T' OF✓CY RESS 319 STATE OF CALIFORNIA ) 55 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 26th day of September 1983, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin P Lacayo NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 2 320 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 83-18 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. The three existing lots shall be consolidated into one lot by means of a lot line adjustment. Said instrument shall be recorded at the County prior to occupancy. 2. 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 arca 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 adjacent grade, shall be constructed along the north, east and west property lines. A retaining wall, per City standards, shall be con- structed at the property line where the grade difference is greater than twelve inches (12"). 4. 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. 5. The developer shall provide mailbox facilities for each residence, to the satisfaction of the Public Works Director, Planning Director, and Postmaster. 6. The developer shall comply with all requirements of the Orange County Fire Marshal's Office. Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City Standards. 7. Traffic signs shall be installed per City Standards. 8. 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. 9. Parking circulation shall be subject to the approval of the City Engineer. The driveways shall be signed and striped for one way traffic flow in a counterclockwise direction. 321 10. 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. 11. The developer shall submit revised plans showing proposed trash bin location, and solid wall enclosure to the satisfaction of the Planning Director and City Engineer. 12. All proposed signing on the project site must be reviewed and approved by the Planning Director prior to installation. 13. 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. 14. The developer shall enter into an agreement with the City which will assure the City that for the first ten (10) years, after initial occu- pancy, twenty-five percent (25%) of the total units of this project will be rented to persons and families of low and moderate income as defined by the County of Orange and Section 50093 of the Health and Safety Code. Said agreement shall be acceptable to the City Attorney's office, the Planning Department, and the developer. Said agreement shall be executed prior to the issuance of building permits for the first units of the first phase of the subject project. 15. 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. 16. 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 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. 17. Fees required for improvements are as follows: a. Sanitary sewer connection fee, per Orange County Sanitation District, No. 3, Resolution No. 303. b. Grading permit fee. c. All applicable Building Department fees. 322 - 3 18. The proposed balcony is to be modified to meet Planning Department approval. 19. Wheelchair and handicap access facilities shall be installed onsite and offsite in accordance with State of California and City of Cypress Building Department standards.