Resolution No. 2557RESOLUTION NO. 2557
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 82 -13 - 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 in two phases on a 22.3 acre parcel
of land, the national corporate headquarters for Mitsubishi Motor Sales of
America, Inc., at 6400 Katella 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 since the zone is:
Intended as an area for modern industrial /commercial
development which meets the high performance and
development standards of the City.
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 development criteria, including design and proposed
land usage,was previously reviewed and approved in accordance
with Specific Plan #81 -1, Cypress Corporate Center Master Plan.
2. The proposed design of the project was reviewed with
consideration given to prohibiting noise from impacting
residences southerly across the Stanton Storm Channel, and
requiring the construction of a landscaped earth berm along
the storm channel to improve the visual aesthetics of the project.
3. This use, as approved, conforms with the City's long -range
objectives of the General Plan and development of the Cypress
Business Park.
c. The proposed conditional use will comply with each of the
applicable provisions of the Zoning Ordinance except Section 11.2B,
Building Height, Section 14.2B Off- Street Parking Requirements and
Section 14.31, Percentage of Allowable Compact Parking Spaces. Included
within the conditional use permit were requested variances from the
aforementioned Sections to allow building heights up to 69 feet 6 inches,
a reduction in the total number of parking spaces required from 1,280
to 805, and an increase in the maximum percentage of compact parking
spaces from 20% to 30 %. The City Council approved said variances
pursuant to the following findings:
1. That strict or literal interpretation and enforcement of
the specified regulation would result in practical difficulty or
unnecessary physical hardship inconsistent with the objectives
of the Zoning Ordinance.
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.
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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 13th day of September 1982.
ATTEST:
CITY CLERK OF TH
CITY OF 'CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR OF THE CITY OF CYPRESS
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 13th day of September 1982; by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Lacayo, Partin, Rowan, and Mullen
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Coronado
CIT CLERK OF THE CITY OF CYPRESS
08.E
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 82 -13
1. Final exterior elevations, construction materials and color schemes to
Phases 1 and 2 shall be reviewed and approved by City staff prior to
issuance of any building permits.
2. Building permits shall be obtained for construction of the Phase 1
office building and construction diligently commenced toward com-
pletion prior to issuance of a certificate of occupancy for the parts
depot warehouse building, or a performance bond may be submitted in
an amount determined by City staff assuring completion of Phase 1
as proposed.
3. The applicant shall maintain a valid no hazard determination issued by
the Federal Aviation Administration for the construction of the two
office buildings.
4. The street improvement and traffic control plans shall incorporate the
recommendations included in the report titled, "Traffic and Circulation
Impact Study Report," prepared by Linscott, Law & Greenspan, Inc.,
dated July 1982. Listed below are measures recommended by the report
to mitigate the traffic impact of this project:
a. Construct all driveways to the City of Cypress commercial width
with radius curbs.
b. Modify the Katella Avenue median west of Holder Street to provide
for a one hundred forty -five foot (145') westbound left -turn pocket
opposite Business Center Drive. The City recommends that this
pocket be reduced to one hundred feet (100') maximum to provide
additional landscaping. This length is adequate for "Visitor Park-
ing Only" area.
c. Modifying main parking facility could be considered to increase park-
ing by thirteen (13) spaces.
d. Parking lot throat entries from Holder Street should be lengthened
for increased storage.
5. All conditions of the Orange County Fire Marshal's Office shall be
satisfied prior to occupancy of the respective buildings. Prior to
recordation of a final map, water improvement plans shall be approved
by the Fire Marshal for fire protection and financial security posted
for the installation. The adequacy and reliability of water system
design, location of valves, and distribution of fire hydrants will be
evaluated in accordance with Insurance Service Office suggested
standards contained in the "Grading Schedule for Municipal Fire
Protection." Prior to the completion of an application for building
permits for combustible construction, evidence that a water supply
for fire protection is available shall be submitted to the County Fire
Marshal.
6. A landscape and irrigation plan shall be reviewed and approved by City
staff prior to any installation of landscaping on the property. In
addition to a fully automatic irrigation system, a landscape mainte-
nance bond shall be posted with the Public Works Department to guarantee
against defects in materials and workmanship of the landscape instal-
lation and the maintenance thereof for a period of one year from land-
scape installation.
7. In accordance with Parcel Map No. 81 -1141 and this conditional use per-
mit, a thirty foot (30') wide by eight foot (8') high landscaped earth
berm buffer shall be constructed along the southerly property line from
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the existing berm at Holder Street to the westerly property line, pur-
suant to the master landscaped berm plan subject to City staff review
and approval. The landscaped berm shall be constructed and completely
landscaped prior to occupancy of Phase 1.
8. The remaining areas designated for future building expansion shall be
landscaped and provided irrigation subject to City staff approval.
9. The truck loading dock area of the parts warehouse shall be enclosed,
where not otherwise screened by buildings, by a six foot (6') high
poured concrete screen wall excepting driveway access points along
the east and west side of the building. Screen landscaping shall be
installed along the exterior of the wall in an attempt to diffuse
public view of the truck loading dock area.
10. Commercial truck arrivals and departures from the parts depot warehouse
shall only occur between the hours of 7 a.m. and 6 p.m., Monday through
Saturday, unless it is determined by City staff, after the warehouse
is constructed, that noise generated by truck traffic is not audible
beyond the southerly property.
11. A suitable retainer shall be constructed the full length of the westerly
property line from Katella Avenue to the base of the landscaped berm
buffer for the retention of the landscaped planting area. Said retainer
may consist of concrete curbing or a redwood header board. A retaining
wall per City Standards shall be constructed at the property line where
a grade difference is greater than twelve inches (12 ").
12. All building and freestanding signing shall be reviewed and approved
by the Community Development Department prior to its installation.
13. All product and material storage shall occur within the building.
Exterior storage is specifically prohibited.
14. Compact parking space aisles shall be denoted as such on the asphalt as
"Compact Only ".
15. Outside public address speakers, telephone bells, buzzers, and similar
devices which are audible on adjoining properties are hereby prohibited.
16. Security lighting located along the southerly side of the parts depot
building shall be installed in such a manner not to glare or shine
upon adjoining residential properties across the Stanton Storm Channel.
17. All roof top mechanical equipment shall be fully screened from public
view subject to City staff approval. Roof top mechanical equipment on
the parts warehouse building shall not be audible or visible to any
residential property directly adjacent to the building along the
Stanton Storm Channel. The roof top mechanical screen on the office
building shall not exceed a maximum of eleven feet (11') in height
from the roof survace and shall be constructed using the same smooth
finish aluminum siding material as utilized in the office building
exterior walls, subject to City staff approval.
18. The developer shall conform to all applicable provisions of the City
Code.
19. 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. All
onsite drainage conveyed to the street shall be by means of an under -
sidewalk drain. 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 %).
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20. Landscaping and the irrigation system in back of the City sidewalk
(within the public right -of -way) shall be included with the onsite
landscaping plan and be maintained by the property owner.
21. Wheelchair and handicap access facilities shall be installed onsite
and offsite in accordance with State of California and City of Cypress
Building Department standards.
22. The developer shall provide the City with a Certificate of Insurance
evidencing a comprehensive liability insurance 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 additonal 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. Katella Avenue shall have a half street to curb width of fifty -two
feet (52').
24. The existing sewer crossing the parcel of this development shall be
plugged at the west property line. If this sewer line is to be used,
a thirty foot (30') wide easement from the west property line to the
trunk line sewer shall be granted to the City. Prior to City acceptance
of said sewer for maintenance, an agreement listing conditions for
accepting maintenance of said sewer shall be prepared by the City and
executed by the developer. All existing public improvements at the
development site which are damaged due to construction shall be
removed and replaced to the satisfaction of the City Engineer.
25. The quantity, location, width, and the type of driveway shall be subject
to the approval of the City Engineer. Drive approaches shall be per
City Standard No. 209, Case II with radius of thirty -five feet (35') on
Katella Avenue and twenty -five feet (25') on Holder Street. An effective
sight distance for vehicular traffic shall be maintained at the inter-
section of the driveway entrances with Katella Avenue and Holder 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 main-
tained within the development at all driveway intersections to the
satisfaction of the City Engineer.
26. 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.
27. Street trees shall be included in the site landscape plan and said trees
planted along streets in conformance with the street tree policy of the
Public Works Department. The type of trees shall be in accordance with
the Townscape and Urban Design Element of the City General Plan.
28. Fees Required for Improvements are as follows:
a. Sanitary sewer connection fee (per Orange County Sanitation District,
No. 3, Resolution No. 303) .
b. Grading permit fee (per Section 7007 Uniform Building Code).
c. All applicable Building Department fees.
29. Prior to issuance of certificate of occupancy, all applicable conditions
of Resolution No. 2460 and No. 2478, Parcel Map No. 81 -1141 shall be
satisfied.
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