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Resolution No. 2139RESOLUTION NO 2139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO 79-10 - 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 allow the construction of two apartment units to an existing two unit building with associated off-street parking to be located at 5412 Camp Street Included within this proposal were two variances to reduce the rear and side yard setbacks from that required by the City's Zoning Ordinance 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. This zone 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 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 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 project will be compatible with other multiple residential uses on adjacent properties 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 a 5' side yard setback where 10' are required by Ordinance and a variance to allow a rear setback of 12 5' where 20' are 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 inconsist- ent 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 l63 `a. 164 (3) That the granting of the variance will not be detrimental 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" PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 9th day of October 1979. 4t401)04/ OR OF THE CITY OF CYPRESS ATTEST CITY CLERK OF OF CYPRESS STATE OF CALIFORNIA ) SS 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 of the said City Council held on the 9th day of October 1979, by the following roll call vote AYES 4 COUNCIL MEMBERS: Hudson, Lacayo, MacLain and Rowan NOES• 1 COUNCIL MEMBERS. Evans ABSENT 0 COUNCIL MEMBERS: None ))4I CITY CLtRK OF THE CITY OF CYPRESS - 2 - EXHIBIT A' CONDITIONAL USE PERMIT NO 79 10 c) -13T t 1.5 1 A detailed plot plan and elevationsdrawn by a registered building designer or architect shall be submitted for City Staff review and approval prior to issuance of any building permits 2 Minimum side yard setbacks of five feet (5')shall be provided for all structures 3 A landscape plan shall be submitted by the applicant for improvement of the existing front landscaped yard Additional trees and shrubbery are recommended to enhance the applicant s property 4 All requirements of the Orange County Fire Marshal's Office shall be satisfied prior to occupancy of the new building 5 In accordance with the City's Municipal Code the applicant is responsible for dedicating the necessary right of way and providing improvements on Camp Street• i e curb, gutter and sidewalk and improving the alley from Watson Street to the subject property should the applicant obtain building permits prior to the City executing contracts for improvement of Camp Street and the alley Specifically, the applicant shall provide the City with an advanced cash payment for the estimated cost of improving Camp Street and the alley prior to issuance of a building permit 6 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 per cent (1%) and three per cent (3%) from rear lot line to the street 7 A minimum six foot (6 ) high block wall measured from the highest adjacent grade, shall be constructed and/or maintained along the east 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") 8 On site security lighting shall be arranged so that direct rays will not shine on adjacent properties 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 Air conditioning condenser units are specifically prohibited from being located in any side yard setback area 9 The developer shall provide mailbox facilities for each residence to the satisfaction of the Postmaster 10 The quantity, 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 Camp Street 11 All new secondary and primary utility services shall be underground Any open street excavation shall be backfilled per City of Cypress Standard No 110 12 Two street trees (15 gallons in size) shall be installed along Camp Street in conformance to the street tree policy of the Public Works Department 13 Fees Required for Improvements (a) Engineering plan checking and inspection fee (Per Resolution 1713) (b) Recreation and Parks fee (Per Cypress Subdivision Ordinance) (c) Drainage fee for Master Drainage Plan (Per Resolution 1713) (d) Sanitary sewer connection fee (Per Orange County Sanitation District No 3 Resolution No 303) (e) Developer's Tax ($50 00 per unit) (f) All applicable Building Department fees 14 The developer shall conform to all applicable provisions of the City Code 15 The applicant shall remove all paved driveways within the front yard area with the exception of the existing driveway adjacent to the westerly property line