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Resolution No. 2696323 RESOLUTION NO. 2696 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 83-19 - 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 a seven -unit apartment complex on property generally located at 5582 Crescent 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 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) Adequate off-street parking will be provided including guest parking, as required by the City of Cypress Zoning Ordinance. (2) Construction of the new apartment complex will replace an older single-family dwelling, thereby increasing the City's housing supply. (3) Crescent Avenue can easily accommodate the increased vehicular traffic resulting from this project. (4) An abundance of open space and recreation area has been provided for the proposed project beyond what is required in the Cypress Zoning Ordinance. 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 CLERK70F M-117 CL CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 324 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 & Lacayo NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None f1" Lit OF THECITY 0 CITY CLERKCYPRESS 2 325 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 83-19 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, 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 under - sidewalk drain, per Orange County Standard. 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 west and south property line(s). 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 exposed to vehicular traffic. 4. A six-inch (6") thick, six-foot (6') high concrete block wall will be required along the easterly property line of this development at the end of two (2) years from the certificate of occupancy for this development. 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 Build- ing Department standards. 7. 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. Commercial or industrial developments which adjoin resi- dentially zoned areas shall construct noise bafflers and/or deflectors on allmechanical equipment mounted outdoors, to the satisfaction of the City staff. 326 2 8. The developer shall provide mailbox facilities for each residence, to the satisfaction of the Public Works Director, Planning Director, and Postmaster. 9. 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. 10. Parking lot and onsite drive structural sections shall be based on the recommendation and soils report required by the Building Department, with structural sections to be determined by using an applicable T.I. (Traffic Index). 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. 11. The qualtity, location, width, and the 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 entrances with Crescent Avenue. No landscaping in excess of three feet (3') high will be allowed in the area of the curb returns. 12. 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. 13. Crescent Avenue shall be dedicated and shall be improved, as needed, with asphaltic curb, sidewalk, driveway, paving, etc. Crescent Avenue shall have a total right-of-way width of forty-two feet (42'). In accordance with the Master Plan of Streets and Highways, a cash deposit of $3,500.00 covering future street improvements in front of this development shall be paid to the City. 14. Street lights shall be installed per City Standards. Street name signs and traffic signs shall be installed per City Standards. Necessary fire hydrants shall be installed in accordance with Fire Department require- ments and City Standards. 15. Street trees (15 gallon) forty feet (40') on center shall be installed along streets in back of future Portland Cement concrete sidewalk in conformance to the street tree policy of the Public Works Department. The type of trees shall be as required under the Townscape and Urban Design element of the General Plan. 16. Sewer laterals connecting existing houses at this property shall be plugged at the property line. 17. All proposed signing on the project site must be reviewed and approved by the Planning Director prior to installation. 327 3 18. The developer shall comply with all construction requirements of the Orange County Fire Marshal's Office. 19. The common trash container enclosure shall be constructed of a minimum six-foot (6') high concrete block wall with solid gates to block the view of trash bins. 20. 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. 21. All roof top mechanical equipment on the apartment buildings shall be totally screened from public view. 22. 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. 23. 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, per Orange County Sanitation District, No. 3, Resolution No. 303. d. Grading permit fee. e. All applicable Building Department fees.