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Resolution No. 3548RESOLUTION NO. 3548 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDED SPECIFIC PLAN NO. 88 -1, CYPRESS CORPORATE CENTER WHEREAS, the City Council of the City of Cypress conducted a public hearing on March 13, 1989 to consider Amended Specific Plan No. 88 -1, a development plan for the remaining vacant 39.1 acres of the Cypress Corporate Center Business Park Planned Community PC -2, located at the southeast corner of ValleyQView Street and Katella Avenue, as shown in Attachment "A "; and WHEREAS, the Specific Plan details a land use plan and development regulations for 852,000 square feet of business park uses, including research and development, warehousing, office and support commercial; and WHEREAS, the Final Environmental Impact Report was prepared in accordance with the requirements of the California Environmental Quality Act and was certified on March 13, 1989, requiring certain mitigation measures as conditions of future development; and t WHEREAS, the proposed Amended Specific Plan is consistent with the General Plan- Business Park designation; and WHEREAS, after a thorough analysis by the City Council of the City of Cypress concerning the plan's future imps t on the community, a motion was made to approve the Amended SpecifiePlan subject to the conditions attached as Attachment 1. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 27th day of March 1989. MAYOR 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 27th day of March 1989, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Age, Arnold, Kerry and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE CITY OF CYPRESS 4,11 ATTACHMENT 1 CONDITIONS OF APPROVAL FOR AMENDED SPECIFIC PLAN NO. 88 -1 CYPRESS CORPORATE CENTER 1. All applicable mitigation measures proposed in the Cypress Corporate Center Final Focused Environmental Impact Report and Conditions of Approval adopted on March 13, 1989 shall be implemented in conjunction with development pursuant to this Amended Specific Plan No. 88 -1. 2. All applicable mitigation measures proposed in the Warland /Cypress Business Center Final Environmental Impact Report adopted on November 26, 1984, included in the Statement of Facts and Findings for Amended Specific Plan No. 88 -1, and those identified in the Cypress Corporate Center Focused Final Environmental Impact Report, shall be implemented in conjunction with the development pursuant to this Amended Specific Plan No. 88 -1. To the extent that there is any inconsistency between the Warland /Cypress Business Center Final Environmental Impact Report Statement of Facts and Findings for Specific Plan No. 84 -1 adopted on November 26, 1984, and the Cypress Corporate Center Focused Final Environmental Impact Report Statement of Facts and Findings, the Cypress Corporate Center Focused Final Environmental Impact Report Statement of Facts and Findings shall prevail. 3 The land use plan included within the Amended Cypress Corporate Center Specific Plan shall supersede the existing land use plan for the same 39.1 acres as provided in the Cypress Corporate Center Specific Plan No. 81 -1. 4. Covenants, Conditions and Restrictions for the Cypress Corporate Center shall be subject to approval by staff and the City Attorney. 5 All proposed development plans for individual projects shall be subject to review and approval in accordance with the development regulations set forth in the Amended Specific Plan No. 88 -1, and applicable City ordinances and regulations. 6 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 in Government Code Section 66499.37 and Public Resources Code, Division 13, CH. 4 (s 2100 et seq.- including but not by way of limitation ss 21152 and 21167). 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. . Q 7. As a condition precedent to the issuance of any discretionary permit or approval by the City, the developer /applicant shall have met and completed all reporting and monitoring requirements up to and . including the date of filing for said discretionary permit or approval required by the project's mitigation monitoring program as set forth in the Resolution Certifying the Environmental Impact Report or subsequent Mitigation Monitoring Agreement. Failure by the developer /applicant to comply with said reporting and monitoring requirements prior to making application for said discretionary permit or approval shall be cause for the City to revoke said discretionary permit or approval and to deny any further permits and approvals until such time as the developer /applicant is in full compliance with his /her obligations under the mitigation monitoring program for the project. 8. If at any time after issuance of any discretionary permit or approval by the City, the developer /applicant fails to comply with the reporting and monitoring requirements of the mitigation monitoring program for this project, such failure shall constitute grounds for revocation of any discretionary permit or approval. 9. Prior to this Amended Specific Plan becoming effective, the existing Development Agreement No. 82 -1 must be amended, or revoked, subject to a public hearing, to be consistent with Amended Specific Plan No. 88 -1. 10. Section III: C. 4.d. of the Amended Cypress Corporate Center Specific Plan shall be revised to read: "Abutting the channel buildings shall be set back a minimum of eighty -seven feet (87') or a distance equal to the height of the building, whichever is greater." 11. Section III: C. 4.a. of the Amended Cypress Corporate Center Specific Plan shall be revised to read: "Along any highway abutting a planning area, including Valley View Street and Katella Avenue, buildings shall be set back a minimum of forty feet (40') from the ultimate right -of -way line. 12. The proposed access driveway on Valley View Street, south of Phyllis Drive, shall only be provided if necessary to provide access to the westernmost parcel. If the driveway is necessary, Cypress Land Company shall construct a deceleration lane approaching the driveway off Valley View Street approximately 175 feet long. 13. Developer /applicant shall enter into a "Mitigation Monitoring Compliance Agreement" (hereinafter MMCA), with City in a form satisfactory to the City Attorney. Said MMCA shall be binding upon the developer /applicant with respect to the implementation of all mitigation measures specified therein. Execution of said MMCA by the City's City Manager and the developer /applicant shall be a condition precedent to the issuance by the City of the first building permit. The MMCA required herein is for the purposes of implementing Public Resources Code, ss 21081.6 and is not a "Development Agreement" within the meaning of Government Code Section 65864 et. seq. However, any "Development Agreement" (hereinafter DA), within the meaning of Government Code Section 65864 et seq. entered into, or any amendment to an existing DA, subsequent to the Certification of the Focused EIR for this project shall incorporate the MMCA required herein within said DA or any amendment thereto. Incorporation of the MMCA within the DA or amendment thereto shall be by either incorporation by reference or by setting forth the terms of the MMCA in full within the DA or any amendment thereto. 431 14. The developer /applicant shall provide and ensure full access to the project site, and any structures erected thereon, to City personnel, and /or subcontractors thereof, at any time during the construction of the project for the purposes of monitoring compliance with the mitigation measures specified herein. Upon completion of construction, the developer /applicant shall provide and ensure full access to the project site, and any structures erected thereon, to City personnel and /or subcontractors thereof, at any time during normal business or operating hours for the purposes of monitoring compliance with the mitigation measures specified herein. 15. The Amended Cypress Corporate Center Specific Plan shall be revised to require that Cypress Land Company shall construct landscape "fingers" into all project areas. These "fingers" will be located a minimum of about one per ten parking spaces and the dimensions will be approximately 5 feet wide by 20 feet long. This will increase the visual effect of the landscaped area on Valley View Street. Cypress Land Company will berm the landscaped edge so that with the landscaping, the view of the parking area from Valley View Street will be buffered. 16. The Amended Cypress Corporate Center Specific Plan shall be revised to require that, at the intersection of Valley View Street and Katella Avenue and on both sides of the entrance at Phyllis Drive, Cypress Land Company will provide landscaped areas of at least 40 feet from the respective street curbs. 17. The Amended Cypress Corporate Center Specific Plan shall be revised to provide that north of Phyllis Drive, Cypress Land Company may develop a maximum of 20,000 square feet for restaurant uses and office support commercial uses, such as a sandwich shop or copying store. 18. The Amended Cypress Corporate Center Specific Plan shall be revised to require that in the area between Phyllis Drive and the Stanton Flood Control Channel, the maximum building height shall be two stories (40 feet). In the area north of Phyllis Drive, the maximum building height shall be three stories (55 feet) with an increased height limit permitted to four stories (60 feet) subject to a conditional use permit. In any event, Cypress Land Company shall not exceed the maximum allowable building area of the property, 852,000 square feet. 19. Cypress Land Company will provide 175 -foot deceleration and acceleration lanes entering and exiting the project from Phyllis Drive. 20. Cypress Land Company will provide a right -hand turn lane long enough to accommodate a minimum of ten cars for northbound Valley View Street traffic to eastbound Katella Avenue.