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Resolution No. 308420C RESOLUTION NO. 3084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING PARCEL MAP NO. 85 -321 - WITH CONDITIONS. WHEREAS, an application was made by Warland Investments, Ltd. to divide one parcel into two parcels at the southwest corner of Katella Avenue and Knott Street; and WHEREAS, the City Council considered evidence presented by the appli- cant, City staff and other interested parties at a public meeting held with respect thereto. NOW, THEREFORE, the City Council of the City of Cypress, DOES HEREBY RESOLVE as follows: 1. The proposed map is compatible with the objectives, policies, general land uses and programs specified in the General Plan of the City of Cypress in that: a. The proposed subdivision is consistent with Specific Plan No. 84 -1 regulating the Warland Investments, Ltd. land holding, and with all provisions of the City's Subdivision Ordinance and the State Subdivision Map Act. b. Full public street improvements will be made adjacent to this property to accommodate any anticipated increase in traffic generated from this project. c. The developer has agreed to pay for traffic impact miti- gation improvements as identified in Exhibits "A" and "B" of the conditions of approval for Parcel Map No. 85 -321. 2. The design and improvement of the proposed subdivision as desig- nated on the parcel map and supplemented by the conditions attached hereto as Exhibits "A" and "B," and incorporated herein by reference, are com- patible with the objectives, policies, general land uses and programs specified in the General Plan of the City of Cypress in that: a. The subject property shall be improved in conformance with present zoning and all applicable ordinances in effect at the time this map is recorded with the County of Orange. All necessary utility services will be provided to the property in conformance with the Cypress Municipal Code. 3. None of the findings set forth in Government Code Section 66474 can be made. 4. The discharge of waste from the proposed subdivision into the existing community sewer system shall not result in a violation of the existing requirements prescribed by the California Regional Water Quality Control Board having jurisdiction over the proposed subdivision pursuant to the provisions of Division 7 of the California Water Code (Sections 13000 et seq.). Denial of a subdivision for violation of the proposed waste discharge standards or an addition to an existing violation thereof, is a ground for denial of the parcel map, although such denial is not mandatory. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Parcel Map No. 85 -321, subject to the conditions attached hereto as Exhibits "A" and "B." PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cypress on the 12th day of May 1986. ATTEST: CITY CLERK OF E CITY Q'F CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 207 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 12th day of May 1986, by the following roll call vote: AYES: S COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 208 EXHIBIT "A" PARCEL MAP NO. 85 -321 1. The developer shall conform to all applicable provisions of the City Code. All requirements of the State Subdivision Map Act and the City's Subdivision Ordinance and Zoning Ordinance shall be satisfied. 2. An easement in the northwest corner of Parcel 2 shall be granted for Fire Department turnaround purposes in favor of Parcel 1. 3. The subdivision map filing fee shall be paid. 4. A thirty- five -foot (35') wide easement for landscaping and trailway purposes shall be located on the north side of the southerly ten -foot (10') drainage easement and dedicated to the City. In lieu of this thirty- five -foot (35') wide easement, a seventeen -foot six -inch (17' 6 ") wide easement may be provided with a retaining wall and berm design substituted for the full berm concept as approved by the Design Review Committee. Building setbacks shall be based on the thirty- five -foot (35') wide berm design regardless of the reduced width option. 5. All conditions of Conditional Use Permit No. 85 -4 shall become a part of the conditions for Parcel Map No. 85 -321, including any balance of assessments and fees. 6. Reciprocal easements for ingress- egress shall be granted in favor of Parcels 1 and 2. 7. An easement for flood control and trailway purposes shall be dedicated to the City across the southerly ten feet (10') of Parcel 2. 8. Nine (9) gauge chain -link fencing, five feet (5') high shall be installed along the north side of the existing flood control channel in accordance with City and County standards. 9. 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. 10. The developer shall pay a Traffic Impact Mitigation Assessment per Exhibit "B." 209 EXHIBIT "B" PARCEL MAP NO. 85 -321 TRAFFIC IMPACT MITIGATION ASSESSMENT The developer shall pay the City for traffic impact mitigation improvements as follows: 1. Beginning with the first non - commercial /retail building permit issued within Parcel No. 2 of Parcel Map No. 85 -321, after approval of said tentative map by the City Council, developer shall pay an amount determined by the City in accordance with the following formula: a The numerator shall be the estimated dollar amount (in constant 1986 dollars inflated per Engineering News - Record [ENR] Construction Cost Index [C.C.I.] for the Los Angeles area), as determined by the City, required to construct all major traffic improvements which the City determines may be required as traffic mitigation measures within the Cypress Business Park (and any portion thereof), including the Los Alamitos Race Track. Such improvements shall include, but not be limited to, arterial street widenings, traffic signal systems modi- fications, grade separation structures or other major intersection improvements. b. The denominator shall be the gross floor area of the entire Cypress Business Park (excluding commercial /retail uses), including the Los Alamitos Race Track, as determined by the City. c. The square footage of each proposed non- commercial /retail building shall be multiplied by the factor resulting from the division of the numerator as set forth above by the denominator as set forth above. 2. Payment shall be as follows: The developer shall provide to the City a bond concurrent with the issuance of each non - commercial /retail building permit which shall be in the amount determined by the City pursuant to the formula above for the gross floor area of each such building. At such time as a certificate of occupancy is issued with respect to each such building, the developer shall remove the bond and pay to the City in cash the corresponding amount determined by the City pursuant to the formula above. In addition, the following condition shall apply: With respect to Parcel Map No. 85 -321, the developer waives for himself, his successors and assigns, the right to protest the formation of an assessment district, major thoroughfare benefits 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 improve- ments shall include, but not be limited to, arterial street widenings, traffic signal system modifications, grade separation structures or other major inter- section improvements. In the event that the formation of an assessment district, major thoroughfare benefit district or other financing district as contemplated above does occur, the assessment shall, at the City's discretion, be pro -rata within the assess- ment /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.