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Resolution No. 2079RESOLUTION NO 2079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO 79-6 - 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 Sections 17 2 of the Zoning Ordinance of the City of Cypress to provide for the establishment of a 20 unit townhome condominum project on a parcel of land located at 6382 Orange Avenue, Cypress 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 in is that (1) This zone is intended as an area for the development of Apartments Condominiums, Townhouses or other group dwellings with provisions for ade quate light air open space and landscaped area at maximum densities of 20 0 dwelling units per acre (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 improve ments in the vicinity in that (1) The project will be designed in accordance with the standards and objectives of the zone in which the property is located (2) The project will be compatible with similar type projects approved on adjacent properties also located in the same zone classification as the subject property (3) The adjacent arterial highway has more than adequate capacity to accommodate the increased volumes of pedestrian and vehicular traffic anticipated to be generated by this use (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 March, 1979 ATTEST CITY CLERK T CI OF CYPRESS MAYOR OF HE CITY OF CCFY ESs 1 1 1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 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 March 1979, by the following roll call vote* AYES. 5 COUNCIL MEMBERS Evans, Lacayo, MacLain, Rowan and Hudson NOES: 0 COUNCIL MEMBERS: None ABSENT 0 COUNCIL MEMBERS None 2 CITY CLERK OF THE CITY OF CYPRESS 36 EXHIBIT "A" 74 1 The developer shall comply with all construction requirements of the Orange County Fire Marshall prior to occupancy of any unit, i e , the southerly six condominiums shall be provided fire extinguishing sprinkler systems Additionally, an onsite private fire hydrant shall be provided subject to Orange County Fire Marshall Specifications 2 The developer shall provide a six foot high concrete block enclosed trash area subject to City Staff approval 3 Party wall construction between adjoining condominiums shall consist of two one hour fire wall construction Overall building construction must conform to Title 24 of the State Energy Code 4 Development plans for the recreation area shall be submitted and approved by the City Staff prior to issuance of a Building Permit Common recreation facilities other than mere landscaping shall be provided i e , swimming pool spa, children's play equipment etc 5 Drainage shall be solved to the satisfaction of the City Engineer A grading plan 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 All on-site drainage conveyed to the street shall be by means of an undersidewalk drain, per City standard All lots shall have a slope gradient of between one percent (1%) and three percent (3%) from rear lot line to the street 6 A minimum six foot (6') high block wall measured from the highest adja- cent grade shall be constructed/maintained along the South East and West 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 7 The developer shall provide adequate "No Parking' controls within the development to the satisfaction of the City Engineer "No Parking" controls shall be included in the conditions, covenants and restrictions of this development In addition, the developer shall cooperate with the City and take all steps necessary to permit the City to enforce the provisions of the California Vehicle Code along the private streets as provided by Section 21107 7 of the California Vehicle Code Adequate "No Parking" "Fire Lane" signs shall be installed along Linda Lane per California 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 adequate speed control within the development to the satisfaction of the City Engineer Parking lot circulation shall be subject to the approval of the City Engineer EXHIBIT "A" - 2 8 A landscape and irrigation plan shall be submitted for approval by City Staff 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 9 Wheelchair and handicap access facilities shall be installed on site and off-site in accordance with State of California and City of Cypress Building Department standards 10 Installation of cable T V shall be subject to any city ordinance or regulations which are in effect at the time of recording for the final map 11 On-site 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 12 The developer shall provide mailbox facilities for each residence to the satisfaction of the Public Works Director and Postmaster 13 A copy of the covenants conditions, and restrictions (C, C, $ R s) covering the development shall be submitted to the City Staff and City Attorney for their review recommendations and approval to assure the continuance maintenance applicability and enforceability of the C C & R's so that the development will not become a liability to the City at a later date 14 Orange Avenue shall be dedicated and fully improved with sidewalk drive way, paving, etc , in accordance with the Master Plan of Streets and Highways Orange Avenue shall have a right -of way width of forty-two feet (42') south of the center line All interior streets shall be twenty-eight feet (28') minimum clear width between buildings up to a height of fourteen feet (14') above street grade 15 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 16 The 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 Linda Lane and Orange Avenue No landscaping will be allowed in the area of the curb returns Adequate sight distance also shall be maintained within the development at all driveway intersections to the satisfaction of the City Engineer 17 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 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 38 EXHIBIT "A" 3 18 Street lights shall be installed per City Standards Street name signs and traffic signs shall be installed per City Standards 19 Street trees (15 -gallon in size) shall be installed along Orange Avenue in conformance with the street tree policy of the Public Works Department The type of trees shall be as required by the Townscape and Urban Design element of the General Plan All existing landmark trees located on the subject property shall be retained to the maximum extent possible Trees which are proposed to be retained shall be inspected by a qualified tree specialist and shall be trimmed and topped as necessary A report on the condition of the trees and the steps necessary for their preservation shall be filed for review by the City Staff 20 A master plan of sewers shall be submitted for approval by the City Engineer, with plan check and inspection by the City's Engineering Division subject to plan checking and inspection fees Sewer Laterals connecting existing houses at this property shall be plugged at the property line 21 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 22 All on-site access drives shall be constructed of cement with textured cement used at entrances and other locations subject to the specification of the City Staff