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Resolution No. 3965RF SOLUI ION No 3965 A RLaULUTIUN OF THE CITY COUNCIL OF IHE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO 41 10 WITH CONDITIONS THE CITY COUNCIL OF [HE CITY OF CYPRESS HEREBY FINDS RESOLVES DETERMINES ANO ORDERS AS FOLLOW`., 1 That an application was tiled for a conditional use permit in accordance with the provisions ot Section 1/ 2 of the Zoning Ordinance of the City of Cypress to develop a six (6) unit apartment building including one (1) density bonus unit located at 4811 Grace Avenue in the RM -20 Residential Multiple -Family Lone 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 apartments condominiums townhouses or other group dwellings with provisions for adequate light air open space and landscaped area at maximum densities of twenty (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 , afety or welfare or be materially injurious to properties or improvements in the vicinity in that (1) The proposed project i consi tent with the General Plan designation of high density residential (2) The proposed project helps meet the housing goals and policies ot the Cypress Housing Element to the General Plan in that it includes large apartments for tame h e including one (1) density bonus unit for low-income household, - (3) The proposed project meets the City s minimum development standards including building setbacks parking and landscaping (4) the proposed project represents a revitalization of the subject property in that it provides new sidewalk and driveway the replacement of buildings in di,repair and the replacement of weeds and debris with new landscaping The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance except for approved variances or adjustment., NOW THEREFORE DE IT FURTHER RESOLVED that the City Council of the City ot Lypre does hereby approve Conditional Use Permit No 91 10 subject to the renditions attached hereto ac Exhibit A. PASSED AND ADOPTED by the City Council of the City ot Cypress at a regular meeting held on the 22nd day of July 19 MAYOR OF IHE LIT Y OF CYPRESS 3 Ji ATTFS1 CITY CLEIt(E CI fY 0 CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) S' 1 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 22nd day of July 1991 by the following roll call vote AYES 5 COUNCIL MEMBERS Age, Kerry Nicholson, Partin and Bowman NOES 0 COUNCIL MEMBERS None ABSENT 0 COUNCIL MEMBERS None 2 %i CITY CLE K S THE C OF CYPRESS 1 EXHIBIT A CONDITIONAL USE PERMIT NO 91-10 CONDITIONS OF APPROVAL 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 California civil engineer and using actual grades from an Orange County Surveyor's Benchmark, shall be submitted for approval A topographic map 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 In parking areas, AC shall have a minimum slope gradient of one and one-half percent (1 5%) or as approved by the City Engineer 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 finished grade, shall be constructed and/or maintained along the north and west property lines The said property line shall have a single block wall only and the developer shall obtain, and submit to the City the written permission or denial of the adjacent property owner(s) for the removal of their existing block walls Where an existing block wall is removed, the Developer shall provide suitable temporary fencing for all adjacent properties during construction of the perimeter walls A retaining wall per City standards shall be constructed at the property line where the finished grade difference is greater than twelve inches (12") The block wall along the north property line shall be protected from vehicular damage to the satisfaction of the City Engineer 4 The developer shall provide adequate "No Parking" controls within the development and appropriate "No Parking - Fire Lane" signs shall be installed along the driveway per California Vehicle Code #22658 to the satisfaction of the City Engineer and County Fire Marshal The areas adjacent to the trash enclosure and laundry room shall be striped and signed for no parking as designated by the City Engineer 5 Wheelchair and handicapped access facilities shall be installed onsite and offsite in accordance with State of California and City of Cypress Public Works and Building Department standards 11 Exhibit "A" Conditional Use Permit No 91-10 Page 2 6 Installation of Cable T V shall be subject to the City Ordinance No 726 Prior to construction the developer shall contact Copley/Coloney Inc (Phone (714) 826-8680) for specifications and procedures for prewire of the building and installation of the service wiring Necessary permits shall be obtained at the City 7 The developer shall provide mailbox facilities for each residence to the satisfaction of the Public Works Director Planning Director and Postmaster 8 All existing public improvements at the development site which are damaged due to construction cracked, or otherwise below standard shall be removed and replaced to the satisfaction of the City Engineer 9 Grace Street shall be fully improved with new driveway sidewalk, etc in accordance with City standards 10 All utility services shall be underground Trenching and backfill in streets shall be per City of Cypress Standard No 110 Arterials shall be crossed by boring only In City streets, lateral open cuts spaced within twenty feet (20') of each other shall be covered with a one inch (1 ) continuous A.0 cap 11 A street light shall be installed per Southern California Edison Company standards on Belmont Street in a sidewalk easement dedicated to the City 12 Street trees (15 gallon) forty feet (40') on center shall be installed in back of public sidewalk in conformance to the street tree policy of the Public Works Department and shall be incorporated with the on-site landscape plan The type of trees shall be as required by the City's street tree ordinance Landscaping in public right-of-way shall be maintained by the developer 13 A sewer plan shall be submitted for approval by the City Engineer Unused sewer laterals connecting existing buildings at this property shall be plugged at the property line 14 The quantity location, width, and type of driveways 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 Grace Street No landscaping in excess of three feet (3') high 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 The second story extending above the onsite driveway shall be signed to prohibit oversized vehicles Exhibit A Conditional Use Permit No 91-10 15 FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS - Engineering Plan Checking and Inspection Fee (Per Resolution 2964) - Drainage Fee for Master Drainage Plan (Per Resolution 2287) - Sanitary Sewer Connection Fee (Per Orange County Sanitation District No 3 Resolution 303) - Advanced Street Light Energy Fees (For one-year period) - Grading Plan Check and Permit (Per Resolution 2964 3662) and - All applicable Building Department Fees 16 Applicant/developer shall comply with applicable provisions of the 1988 Uniform Building Plumbing and Mechanical Codes 1987 National Electrical Code California Administrative Code Title 24 and the Cypress City Code 17 Applicant/developer shall comply with all disclosure requirements of the Orange County Fire Department for hazardous materials use and/or storage and the South Coast Air Quality Management District for exhaustion of air contaminants 18 Type 5 cement shall be used for all foundations and slabs on grade 19 All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil moisture barrier 20 Applicant/developer shall use fire retardant wood shingles for the roof 21 A soil investigation report shall be submitted with the plans for plan check. Report shall include soil bearing capacity seismic study grading paving sulfate test and other pertinent information under good engineering practice 22 Prior to the issuance of any building permits for combustible construction evidence that a water supply for fire protection is available shall be submitted to and approved by the Fire Chief Fire hydrants and access roads shall be in place and operational to meet required fire -flow prior to commencing construction with combustible materials Show existing fire hydrants on site plan of fire hydrants within 150 feet of structure 3 i7 Exhibit "A" Page 4 Conditional Use Permit No 91-10 23 Prior to the issuance of any building permits all underground piping for automatic fire extinguishing systems shall be approved Plans for an automatic fire extinguish- ing system shall be approved by the Fire Chief prior to installation. Such systems shall be operational prior to the issuance of a Certificate of Use and Occupancy per City ordinance Structure shall have an automatic fire sprinkler system in residential structure per Cypress Code amendment 24 Prior to the issuance of Occupancy the private street 'No Parking --Fire Lane" as Section 10 207 in a manner County Fire Chief any Certificates of Use and shall be red curbed and posted per 1988 Uniform Fire Code meeting the approval of the 25 Prior to the issuance of any Certificates of Use and Occupancy all fire hydrants shall have a 'Blue Reflective Pavement Marker" indicating its location on the street or drive per Orange County Fire Department Standard On private property these markers are to be maintained in good condition by the property owner 26 All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued 27 Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department 28 The developer shall enter into a written agreement with the City Council outlining the terms of the Density Bonus Policy prior to issuance of any building permits 29 Unit number one (#1) shall be designated as the Density Bonus unit This unit shall be made available first to a household with a handicapped person or persons If after thirty (30) days from the issuance of Certificates of Use and Occupancy no qualifying handicapped household is available the unit shall be rented to a non -handicapped qualifying family Renter availability shall be determined by the Orange County Housing Authority in coordination with the City of Cypress Planning Director 30 Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to the issuance of building permits 31 All architectural treatments shall be constructed as illustrated on plans and renderings submitted The final exterior color scheme shall be submitted to City staff for review and approval prior to actually painting the structure Exhibit A Conditional Use Permit No 91-10 3 yr Page 5 32 Balconies shall not exceed six feet (6') in width with one dimension. 33 The transformer boxes and water valves shall be placed in locations acceptable to the Planning Director and shall be adequately screened from view with plant materials 34 The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff 35 Parking for the handicapped shall be provided in accordance with State requirements 36 A detailed landscape and automatic irrigation plan shall be submitted to the Planning Department for review and approval at least sixty (60) days prior to issuance of a Certificate of Occupancy In addition a bond shall be posted with the Public Works Department to guarantee against defects in plant materials and workmanship 37 Existing mature trees along the north side of the site shall be retained and included in the formal landscape plan to the extent feasible The landscape plan shall also include the provision for a three and one-half foot (3 1/2 ) high fence to be placed along the east and south sides of the site 38 Unless otherwise specified all required trees shall be a minimum 15 -gallon in size and of a variety approved by the Planning Director 39 If the second story windows create a privacy problem for adjacent property owners measures shall be taken to resolve the problem. These mitigation measures shall be subject to Design Review and may consist of but not be limited to requirements for additional perimeter landscaping and/or window coverings as determined appropriate by the Design Review Committee 40 Within forty-eight (48) hours of the approval of this project the applicant/developer shall deliver to the Planning Department a check payable to the County Clerk in the amount of Twenty -Five Dollars ($25 00) County administrative fee to enable the City to file the Certificate of Fee Exemption in accordance with Fish and Game Code Section 753 5 with the Notice of Determination required under Public Resources Code Section 21152 and Title 14 of the California Code of Regulations If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above the approval for the project granted herein shall be void Effective 7/8/91