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Resolution No. 24631 1 r RESOLUTION NO 2463 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO 81 34 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 18 residential condominium townhomes on two parcels of land generally located at 5562-82 Orange 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 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) Adequate off street parking should be provided since a restriction has been placed upon the project only allow- ing a maximum of nine (9) three bedroom condominium units (2) The construction of new condominiums will replace older non conforming single family dwellings, thereby increasing the community's housing supply in an area directly adjacent to the City's largest recreation facility (3) Orange Avenue is a fully improved roadway which can easily accommodate the increased vehicular traffic resulting from this project 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 14th day of December 1981 MAYOR OF THE CITY OF CYPRESS ATTEST CITY CLERK OF T E CITY/OF CYPRESS 400 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 held by the said City Council on the 14th day of December 1981• by the following roll call vote AYES 4 COUNCIL MEMBERS Lacayo, Partin, Rowan, and Mullen NOES 1 COUNCIL MEMBERS. Coronado ABSENT 0 COUNCIL MEMBERS None CITY-ear/OF THE OF CYPRESS - 2 EXHIBIT 'A CONDITIONAL USE PERMIT NO 81-34 40.i 1 A maximum of nine (9) condominium townhome units shall be constructed with three (3) bedrooms, while the remaining nine (9) units will be limited to a maximum of two (2) bedrooms with an optional den or library sitting room 2 The final project site plan and elevations shall be submitted for Community Development Department approval prior to submission for a building permit Details shall be provided concerning improvement of the common recreation area spa pool pool equipment location and security fencing of the spa 3 All existing structural improvements shall be removed from the property prior to actual issuance of a building permit 4 Drainage shall be resolved 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 All backyard areas shall be provided with underground conveyance of storm water runoff 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 onsite drainage conveyed to the street shall be by means of an undersidewalk drain In 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 ( 2%) 5 A minimum six foot (6') high block wall, measured from the highest adjacent grade, shall be constructed and/or maintained along the east, south and west property lines to match existing block walls Existing block walls shall be repaired as needed Elevation of existing top of walls and adjacent ground shall be shown on grading plan A retaining wall per City standards shall be constructed at the property line where the grade difference is greater than twelve inches (12") 6 A landscape and irrigation plan shall be submitted for approval by the Community Development Department and a bond posted by the applicant to guarantee against any defects in plant materials and workmanship for a period of one (1) year from planting 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 7 Wheelchair and handicap access facilities shall be installed onsite and offsite in accordance with State of California and City of Cypress Building Department standards ;63 <1 - 2 - 8 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 9 A copy of the conditions covenants and restrictions (C, C, $ R's) covering the development shall be submitted to the Community Development Director and City attorney for their review, recommendations and approval prior to recordation of the final tract map or issuance of building permits 10 Orange Avenue shall be fully improved as necessary with curb, gutter, sidewalk driveway paving etc in accordance with the Master Plan of Streets and Highways 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 A twenty five-foot (25') wide radius type driveway entrance shall be installed on Orange Avenue An effective sight distance for vehicular traffic shall be maintained at the intersection of the driveway entrances with Orange Avenue No landscaping will be allowed in the area of the curb returns Access to rear of development shall be approved by Orange County Fire Marshall 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 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 One street light shall be installed in front of this project according to City Standards 15 Street trees shall be installed in back of sidewalk in conformance to the street tree policy of the Public Works Department and onsite land scape requirements The type of trees shall be as required by the Community Development Department 16. Sewer laterals connecting existing houses on the property shall be plugged at the property line 17 The developer shall provide the City with a Certificate of Insurance evidencing a comprehensive liability insurancy policy(s) with a com bined single limit of not less than $500 000 each occurrence in con nection 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 7 a-3 40 3 - 18 All requirements of the Orange County Fire Marshall's office shall be complied with prior to occupancy of any condominium townhome 19 Fees required for improvements are• a Final subdivision map filing fee b Engineering plan checking and inspection fee c Recreation and Parks fee d Drainage fee for Master Drainage Plan e Sanitary sewer connection fee f Developer's Tax ($50 00 per unit) g Advanced street light energy charges shall be paid for a one (1) year period h Grading permit fee i All applicable Building Department fees 20 All applicable conditions of approval shall be complied with prior to Conditional Use Permit No 81 34 becoming effective 21 Cable television conduit shall be provided from the street to each condominium unit in accordance with City staff specifications 1