Resolution No. 3482RESOLUTION NO. 3482
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CYPRESS ESTABLISHING THE
CONDITIONS OF APPROVAL FOR SPECIFIC PLAN
NO. 88 -4 FOR THE CYPRESS DOWNS PROJECT
WHEREAS, application was made by SDC, a limited
partnership, for a Specific Plan, numbered 88 -4, for the
"Cypress Downs" project; and,
WHEREAS, Specific Plan No. 88 -4 has been reviewed
by the City Council, City Staff and interested members of
the public; and
WHEREAS, following the review and comment on said
Specific Plan, a number of Conditions of Approval have been
developed necessary to ensure that the standards of the City
of Cypress are met; and,
WHEREAS, the City Council has determined that said
Specific Plan along with General Plan Amendment No. 88 -5,
Zone Change No. 88 -7 and Development Agreement No. 88 -1
should be submitted to the voters of the City of Cypress at
a Special Municipal Election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
CYPRESS, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE
AND ORDER AS FOLLOWS:
A. That if Specific Plan No 88 -4 is approved by
the voters of the City of Cypress, the
following Conditions of Approval shall apply
and shall be met by the developer:
1. All applicable mitigation measures proposed in the
Cypress Plaza Final Environmental Impact Report and
Conditions of Approval adopted September 22, 1986, and
amended in the Cypress Downs Supplemental Final
Environmental Impact Report, shall be implemented in
conjunction with development pursuant to this Specific
Plan No. 88 -4. To the extent there is any inconsistency
between the Cypress Plaza Final Environmental Impact
Report and Conditions of Approval dated September 22,
1986, and the Cypress Downs Supplemental Final
Environmental Impact Report, the most recent document
shall prevail.
2. Execution of and performance of all obligations of the
developer as set forth in the draft Development
Agreement between the applicant and the City, dated as
of August 4, 1988, which is on file with the City Clerk
and is incorporated herein by reference, and any
amendments thereto incorporated as a result of the
public review period, shall be required as conditions of
approval of this Specific Plan No. 88 -4.
3. Covenants, Conditions and Restrictions shall be subject
to approval by staff and the City Attorney.
4. The developer shall implement all traffic mitigation
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measures described in Section E of the document.
Intersection improvements in the City of Los Alamitos
shall be subject to that City's discretion. If any
mitigation measure is found to be infeasible for any
reason, the developer must provide an alternative
solution which meets the intent of the original
mitigation measure, as determined by the City Council.
In addition, the developer shall pay to the City of
Cypress for traffic impact mitigation improvements the
traffic impact mitigation fee per Ordinance No. 778 and
the fee resolution in effect at the time said fee is
paid.
5. The developer waives for himself, his successors and
assigns the right to protest the formation of an
assessment district, major, thoroughfare benefit
district or other financing district deemed necessary or
appropriate by the City to facilitate the imposition and
collection of traffic impact mitigation improvement fees
or otherwise finance the construction of the traffic
impact mitigation improvements. Such improvements shall
include, but not be limited to, arterial street
widenings, traffic signal system modifications, grade
separation structures or other major intersection
improvements.
In the event that the formation of an assessment
district, major thoroughfare benefit district or other
financing district occurs, the assessment shall, at the
City's discretion, be pro rata within the
assessment /benefit area (area of benefit and method of
spreading the assessment to be determined by the City at
its discretion) based upon gross floor area of the
entire Business Park (completed or potential), less
commercial /retail areas. The area of benefit and method
of spreading the assessment will be determined by the
City at its discretion and in accordance with applicable
laws and regulations.
Transportation Systems Management (TSM) measures shall
be encouraged for all developments in the Business
Park. A transportation management action plan is now
being prepared by the City. The developer shall
participate in the Transportation Systems Management
plan adopted by the City for the Business Park and shall
participate in a Transportation Management Association
(TMA) formed by landowners in the Business Park with the
assistance of the City and its consultant. The
developer shall participate in these programs on an
equivalent basis with all other City- designated
participants within the Business Park.
6. The developer shall cause to be constructed all streets,
sewers, storm drainage systems and retention basins,
water lines, undergrounding of power lines and removal
of poles, traffic signals and signal upgrades,
landscaping, irrigation systems, and any other public
improvements and infrastructure required on the land
within the Specific Plan area and in the public right -
of -way adjacent thereto.
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Prior to City's acceptance of the developer's
application for the tentative or parcel map subdividing
the Specific Plan area, he shall submit complete,
detailed hydrology and hydraulic calculations, including
necessary soil boring data and preliminary design of all
retention basins and pumping facilities necessary to
drain the entire Specific Plan area. Such submittal
shall also include all necessary permits from the County
of Orange for ultimate drainage into the Carbon Creek
Channel and Bolsa Chica Channel. Sufficient detail in
said submittal shall be included as determined necessary
by the City Engineer.
As a condition of the tentative or parcel map
subdividing the Specific Plan area, a maintenance
assessment district, to be administered by the City,
shall be formed to provide for the perpetual maintenance
and operation of all retention basins, pumping
facilities and ancillary services, equipment and
facilities. Said district shall be formed prior to
approval of the final map for the Specific Plan area.
7. The following Landmark Tree Replacement Policy shall be
incorporated into the development conditions for the
Specific Plan area.
a. Prior to issuance of the first building permit on
each subdivided parcel in the Specific Plan area,
the developer shall pay a fee to the City to offset
the removal of landmark trees. The Area of Benefit
for such fee shall be coincident with the
boundaries of the Specific Plan area. The amount
of such fee shall be $847 per gross acre (569 trees
times $250 /tree divided by 167.9 acres).
b. The City shall deposit all fees collected into a
special Landmark Tree Replacement Fund.
c. The City shall utilize deposited funds, and any
accumulated interest, for the purpose of purchasing
and planting specimen trees in the Area of
Benefit. The sizes, species and locations of said
trees shall be compatible with the landscape theme
of the Specific Plan as determined by the City's
Director of Public Works and Planning Director.
Funds may also be used to replace existing landmark
trees in the Area of Benefit which may die or
otherwise require removal.
d. Any monies remaining in the Landmark Tree
Replacement Fund, at the completion of the
development within the Area of Benefit, shall be
made available for purchasing and planting specimen
trees elsewhere within the public areas of the
City, to the benefit of the entire community, as
determined by the City's Director of Public Works
and Director of Recreation and Parks.
8. Drainage fees, as required per the Master Plan of
Drainage, shall be payable as each Planning Area
develops, prior to issuance of the first building permit
within each Planning Area of Specific Plan No. 88 -4;
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said fees shall be based on the gross acreage of said
Planning Areas (measured to street centerlines). Fees
shall be paid at the rate in effect at the time of
payment.
9. Construction of Denni Street north of Katella Avenue may
require an easterly offset to facilitate alignment with
Lexington Drive south of Katella Avenue. Sufficient
additional right -of -way dedication and additional street
construction shall be required of the developer, on the
east side of Denni Street between Katella Avenue and the
eastwest interior road, to provide such alignment. The
development of Planning Area 8 will be contingent on the
construction of ultimate Denni Street improvements
between Katella Avenue and the east -west interior
roadway.
10. Future access from Denni Street to Planning Area 10,
lying east of Planning Area 1, south of Planning Area 2
and north of Planning Area 9, will be provided by a
minimum 80 ft. wide set -aside area for future public
street and utility purposes within which no development
will occur. Said 80 ft. width may include the existing
railroad right -of -way adjacent to Planning Area 1;
however, the entire 80 ft. right -of -way shall be
dedicated at the time of site development approval for
Planning Area 1.
11. All existing secondary and primary utility services
shall be relocated underground, except that the existing
utility poles along the south side of Cerritos Avenue,
and existing wires thereon, will be allowed to remain
due to the extremely high voltage transmission lines.
The developer, at the time of developing Planning Areas
2 and 3, shall deposit in a trust fund the cash amount
(based on an estimate from Southern California Edison
Company and approved by the City) for undergrounding the
system with the exclusion of the high voltage
transmission lines. This amount will be kept on deposit
for the future use of the City in undergrounding the
entire system along Cerritos Avenue at a later date.
12. Prior to City's acceptance of the developer's
application for the tentative or parcel map subdividing
the Specific Plan area, the developer shall submit a
precise landscape plan and schedule for implementation
for the perimeter edge and major entry areas. This plan
shall be reviewed and be subject to approval of the
Design Review Committee.
13. Prior to City's acceptance of the developer's
application for the tentative or parcel map subdividing
the Specific Plan area, the developer shall submit a
plan describing the shared access and parking agreement
between Cypress Downs and Los Alamitos Race Course.
This shared access and parking plan shall be reviewed
and be subject to approval of the Design Review
Committee.
14. At the time of submittal of a development application
for Area 2 (PS Public /Semi - Public Zone), the developer
shall submit a plan describing the provision for City
access and use of recreational amenities in agreement
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with proposed church and /or school facilities. This
plan shall be reviewed and approved by the Cypress
Community Services and Parks Commission.
15. All signage for the Cypress Downs Planned Community
shall be in conformance with the Sign Program set forth
in the Cypress Downs Specific Plan Section VII.C. All
signs are subject to review and approval by the Design
Review Committee.
16. The developer shall cause to be completed a Sanitation
Districts of Orange County (Districts) Master Plan
analysis to confirm the capacity of the present sewer
transmission /treatment system and /or determine the
necessary improvements to said system resulting from the
ultimate development of the proposed project. An
agreement shall be entered into between the City, the
districts and the developer to design and construct
those facilities found to be necessary'by said analysis,
that are directly attributable to the developer's
project. Said analysis, design and construction shall
be performed at the developer's sole expense. The
analysis shall be completed and accepted by both the
City and the District, and the agreement executed by all
parties prior to the City's acceptance of the
developer's application for the tentative or parcel map
subdividing the Specific Plan area.
17. Contingent on sufficient, existing right of way in the
city of Los Alamitos, the developer shall widen the
south side of Katella Avenue, from Lexington Drive to
Ticonderoga Drive, to ultimate half -width per the County
Master Plan of Arterial Highways, (including
reconstruction of Katella Avenue median islands) to
accommodate required additional turning storage lanes on
Katella Avenue. If said existing, south right of way is
not available, the developer shall dedicate and widen
the north side of Katella Avenue including
reconstruction of Katella Avenue median islands) to
provide additional turning storage lanes into the
project site only, as required by the other project
traffic mitigation measures. No part of this condition
shall eliminate or limit the responsibility of the
developer to dedicate and improve the north side of
Katella Avenue, adjacent to the project site, to
ultimate width per the County Master Plan of Arterial
Highways.
18. The developer and the Cities of Cypress and Los Alamitos
shall enter into an agreement, the elements of which
shall include:
(1) A description of the traffic and other mitigation
measures partially or wholly within the City limits of
Los Alamitos, which shall be accomplished (a) directly
by the developer, at the developer's cost; and (b) by
the City of Los Alamitos, with financial contribution
from the developer (on an agreed -upon, fixed amount) and
(for certain projects) cooperative grant funding from
other agencies;
(2) A stipulation that the mitigation measures to be
accomplished by the City of Los Alamitos shall be
accomplished at the City's earliest opportunity,
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considering the availability of said cooperative
funding; if any of the said agreed mitigation measures
is subsequently deemed to be infeasible by the City of
Los Alamitos, alternative, equivalent measures shall be
implemented; said alternative measures and their
equivalencies shall be at the City of Los Alamitos'
discretion;
(3) An agreement by the City of Los Alamitos to assist
the developer in acquiring the right of way necessary to
construct Denni Street (Lexington Drive), north of
Katella Avenue, including holding a hearing to consider
adoption of a Resolution of Necessity for said
acquisition by eminent domain, if necessary; the
developer shall reimburse the other parties for all
administrative costs and the developer shall pay all
costs of right of way purchase.
19. The developer shall defend, indemnify, and hold harmless
the City and any agency thereof, or any.of its agents,
officers, and employees from any and all claims,
actions, or proceedings against the City or any agency
thereof, or any of its agents, officers or employees, to
attack, set aside, void, or annul, an approval of the
City, or any agency thereof, advisory agency, appeal
board, or legislative body, including actions approved
by the voters of the City, concerning the project, which
action is brought within the time period provided for in
Section 66499.37 of the Government Code and Sections
21152 and 21167 of the Public Resources Code of the
State of California. City shall promptly notify the
developer of any claim, action, or proceeding brought
within this time period. City shall further cooperate
fully in the defense of the action and should the City
fail to either promptly notify or cooperate fully,
developer shall not thereafter be responsible to defend,
indemnify, or hold harmless the City.
20. The developer shall meet all of the Conditions of
Approval in Exhibit 1, attached hereto and hereby
incorporated herein by reference, as adopted by the City
Council upon the passage of this Resolution.
21. The text of the Cypress Downs Specific Plan shall be
amended as follows:
* Throughout the entire document, the following
revisions apply:
A. Any and all references contained in the Specific
Plan regarding an election, (regular, general,
special, or consolidated), occurring on the Project
or any element thereof, shall be amended to read as
follows: "An election on this Project will be held
in 1989."
B. The Specific Plan will be amended to reflect that
in addition to a 135 foot building height limit, no
building shall be greater than eight stories in
height.
C. With regard to building setbacks, the Specific Plan
shall be amended to reflect the following changes
to Planning Area 7:
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(a) all buildings less than or equal to
forty' -five (45) feet in height shall have a minimum forty
(401 foot setback;
(b) all buildings greater than forty -five
(45) feet in height but less than eighty -five (85) feet in
height shall have a minimum one hundred (100)) foot setback;
(c) all buildings greater than eight -five
(85) feet in height shall have a minimum two hundred (200)
foot setback; and
(d) no building shall exceed ninety -nine (99)
feet in height.
D. The Specific Plan shall be amended to clarify that
the land uses adjacent to Katella Avenue will also
be buffered from the street by a fully landscaped
berm predominantly 6 feet in height.
* Exhibit 5
The sizes of the existing water lines in Cerritos Avenue
shall be designated.
* Page III - 4
The Specific Plan, section 5.2 shall be amended by replacing
the word "discourage" with the word "prohibit."
* Page III - 7
Line three shall read "....be placed in public streets and
easements."
* Exhibit 7
The designation of Walker Street as an arterial highway
shall be shown to terminate at, and not extend southerly of,
Katella Avenue.
* Page IV - 4
Line six shall read "....the project site directly onto
Katella Avenue, except limited (right turns in and out only)
access to Planning Area 8, to be determined at the time of
site development."
* Page V - 3
Item 5 shall be amended to read as follows: "Any persons,
firm or corporation, whether a principal, agent, employee or
otherwise, violating any provisions of these regulations
shall be made to comply with the City of Cypress Zoning Code
and other applicable City Code Sections."
* Page VI - 2
Lines four and five of the Building Heights criteria shall
be revised to read "....crosses, etc., which should not
cause the maximum, total building height to exceed 75
feet. Ultimately, building heights...."
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* VII - 4
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On line two, the word "should" shall be changed to read
"shall ".
* Page - VII - 8
Line five under "Project Entries - Design Intent" shall refer
to "3:1" slopes.
* Exhibit 9
The Enterprise Drive entry landscaping shall be designated a
minor entry to agree with the text (Page VII -9). The
section lines for cross sections 7 on Katella Avenue and 12
along the railroad track shall be corrected to agree with
the accompanying details on Exhibits 12 and 14,
respectively.
* Page VII - 9
Line two of the description of minor entries shall be
referenced to Exhibit 11. The description of the "less
formal arrangement" of the palms on minor entries shall be
corrected to agree with the Enterprise Drive plan shown on
Exhibit 9.
* Exhibit 11
Typical plan view No. 6 shall be correctly titled "Walker
Street between Street A and Cerritos Avenue and along
Cerritos Avenue."
* Exhibit 12
Cross section 7 shall designate Walker Street as well as
Katella Avenue. Plan view No. 7 shall be corrected to read
"Katella Avenue and Walker Street south of Street A ". Cross
section 8 shall be corrected to read "Lexington Street /Denni
Avenue" rather than "interior street."
* Page - VII - 10
Walker "Avenue" shall be corrected to read Walker "Street"
(two places). Line nine under Walker Street shall refer to
Exhibit 11 rather than Exhibit 12. Line five of discussion
on Lexington Avenue and Denni Street shall be referred to
Exhibit 12. Line three under item five "Interior Street -
Design Intent" shall be corrected to read "6" sidewalk.
Line two of subsection 5a shall delete the word "parks" and
line three of subsection 5a shall be corrected to read
Exhibit 13.
Exhibit 13
Cross section No. 10 shall be changed to correctly designate
the height of the wall to be 6' -0" to 8' -0" high.
* Page - VII - 15
On line six, under Section 8 "Hardscapes ", the word "can"
should be changed to "will" and, in the first line of
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paragraph two, the word "should" shall be changed to
"shall ".
Section 8(a) shall be amended to delete the word "excessive"
from the lighting regulations so as to prohibit light
spillage on neighboring sites.
* Page VIII - 3
Item 2 shall be amended to read as follows: "Increase the
total building floor area maximum within the Specific Plan
area by not more than ten percent (10 %)."
Requirements for Site Plan, Item 4 shall be amended to
require elevations, a materials board and one colored set of
elevations as part of site plan review.
* Page - VIII - 4
In the description of Phase I of the Phasing Plan, the sewer
system shall be referenced to Exhibit "4" rather than
"14 ". The water system shall be referenced to "Planning
Area" 2 rather than "Zone" 2.
* Page - VIII - 5
The description of improvements under Phase II of the
Phasing Plan shall designate that Katella Avenue street
improvements will be limited to the frontage of Planning
Area 8. The description of Phase II improvements shall also
note that the easterly portion of Planning Area 9 is served
by the Phase III drainage system.
* Page V -1 (Section E)
Line 4 of last paragraph shall be corrected to read "Walker
Street" instead of "Katella Avenue."
Add a summary of intersection lane improvements to Section E
as follows:
"INTERSECTION LANE IMPROVEMENTS
Adjacent to the project site the developer shall dedicate
sufficient right -of -way and construct improvements as
follows:
1. Add one left turn lane for eastbound Katella at
Denni.
2. Add one right turn only lane for westbound Katella
at Denni.
3. Add one left turn lane for eastbound Cerritos at
Moody.
4. Add one through lane for eastbound Cerritos at
Walker.
5. Add one through lane for northbound Walker at
Cerritos."
Mitigation item B.4 (Cerritos Avenue at Denni Street
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intersection signal) should be designated for upgrade to 6-
phase operation.
Add mitigation item B.5: "Cerritos Avenue at Moody Street."
Add mitigation item B.6: "Cerritos Avenue at Walker
Street."
Add to mitigation item B: "All Katella Avenue signals shall
include appropriate interconnect hardware as determined
necessary by the City Engineer."
* Page V -5 (Section E)
Add mitigation item "L" as follows: "At all unsignalized
access points along Lexington /Denni, Cerritos and walker,
provide right turn acceleration /deceleration lanes as
determined necessary by the City Engineer.."
* Page II -3
Section E. Authority and Scope, Second paragraph should be
revised to eliminate the last sentence. Third paragraph
shall also be eliminated.
* Page V -5
Setback standards Nos. 4 and 5 shall be combined, and Nos. 6
through 9 be renumbered accordingly.
* Page VI -10
Section F.d. shall read, "General Retail commercial uses in
an existing shopping center."
PASSED AND ADOPTED by the City Council of the City
of Cypress at a regular meeting held on the 14th day
of November 1988.
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YO OF THE CITY OF CYPRESS
ATTEST;
CITY CLERK OF THE CITY OF CYPRESS
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 14th day of November , 1988, by the
following roll call vote:
AYES: 4 COUNCIL MEMBERS: Davis, Kanel, Mullen and
Arnold
NOES: 1 COUNCIL MEMBERS: Coronado
ABSENT:O COUNCIL MEMBERS: None
CITY CLERK 0�THE CIT OF CYPRESS
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