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Resolution No. 3137349 RESOLUTION NO. 3137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING SPECIFIC PLAN NO. 86 -1, CYPRESS PLAZA SPECIFIC PLAN. WHEREAS, the City Council of the City of Cypress conducted a public hear- ing on Sept. 22, 1986 to consider Specific Plan No. 86 -1, a development plan for Cypress Plaza located on 160.6 acres of land, as shown in Exhibit "A;" and WHEREAS, the City Council considered evidence presented at the public hearing including all exhibits submitted by the applicant, presentations by the applicant's professional consultants, and recommendations from City staff; and WHEREAS, the Specific Plan details a land use plan and development criteria for a mixture of office, commercial, research and development, light industry /manufacturing, and commercial office on a single parcel totalling 160.6 acres with access to be provided by an internal roadway system which will be privately maintained until the development; and WHEREAS, the property is presently zoned PS Public and Semi - Public and Specific Plan No. 86 -1 establishes development criteria favorable to both the community and the property owner. WHEREAS, after a thorough analysis by the City Council of the City of Cypress concerning the Plan's future impact on the community and upon con- sideration of the Final Environmental Impact Report therefor, a motion was made to approve the Specific Plan subject to the conditions of approval in Exhibit "D" attached. WHEREAS, the City of Cypress has approved a Final Environmental Impact Report (EIR) in compliance with the California Environmental Quality Act (CEQA) and the State EIR Guidelines; and WHEREAS, the City of Cypress has reviewed and considered the certified Final EIR in making its decision on the proposed Specific Plan No. 86 -1; and WHEREAS, the City Council by this Resolution adopts the Statement of Facts and Statement of Overriding Considerations as required by Section 15091 and 15092 of the State EIR Guidelines; and WHEREAS, the City Council desires to approve Specific Plan Plan No. 86 -1; and WHEREAS, after discussion by the City Council with the citizens affected by this amendment, a motion was made to approve the General Plan Amend- ment. that: NOW, THEREFORE, be it resolved by the City Council of the City of Cypress 1. The City Council makes the findings contained in the Statement of Facts with respect to significant impacts identified in the Final EIR together with the finding that each fact in support of the findings is true and is based upon substantial evidence in the record, including the Final EIR. The Statement of Facts is attached hereto as Attachment A and incorporated herein by this reference as if fully set forth. 2. The City Council finds that the facts set forth in the Statement of Overriding Considerations are true and are supported by substantial evidence in the record, including the Final EIR. The City Council adopts the Statement of Overriding Considerations which is attached hereto as Attachment B and incorporated herein by this reference as if fully set forth. 3. The City Council finds that the Final EIR has identified all signifi- cant environmental effects of the project and that there are no known potential environmental impacts not addressed in the Final EIR. 350 4. The City Council finds that all significant effects of the project are set forth in the Statement of Facts. 5. The City Council finds that although the Final EIR identifies certain significant environmental effects that will result if the project is approved, all significant effects that can feasibly be avoided or mitigated have been avoided or mitigated by the imposition of con- ditions on the project and the imposition of mitigation measures as set forth in the Statement of Facts and the Final EIR. 6. The City Council finds that potential mitigation measures and project alternatives not incorporated into the project were rejected as infeasible, based upon specific economic, social and other consider- ations as set forth in the Statement of Facts and the Final EIR. 7. The City Council finds that the unavoidable significant impacts of the project, as identified in the Statement of Facts, that have not been reduced to a level of insignificance have been substantially reduced in their impacts by the imposition of conditions on the project and the imposition of mitigation measures. The City Council finds that the remaining unavoidable significant impacts are clearly out- weighed by the economic, social and other benefits of the project, as set forth in the Statement of Overriding Considerations. 8. The City Council finds that the Final EIR has described all reason- able alternatives to the project that could feasibly obtain the basic objectives of the project, even when those alternatives might impede the attainment of project objectives and might be more costly. Further, the City Council finds that a good faith effort was made to incorporate alternatives in the preparation of the Draft EIR and all reasonable alternatives were considered in the review process of the Final EIR and ultimate decisions on the project. 9. The City Council finds that a good faith effort has been made to seek out and incorporate all points of view in the preparation of the Draft and Final EIR as indicated in the public record on the project, including the Final EIR. 10. The City Council finds that during the public hearing process on the project, the environmental document evaluated a range of alternative land uses and intensities and the project as approved by this Resolution, is included within the range of alternatives. 11. The City Council finds and determines that the Final Environmental Impact Report consists of the following documents: a. Draft EIR b. Technical Appendices c. Comments and Responses d. City Council Minutes e. City Council Staff Reports (with attachments) NOW, THEREFORE, be it resolved that the City Council of the City of Cypress DOES HEREBY APPROVE Specific Plan No. 86 -1. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 22nd day of September 1986. ATTEST: CI HE CI OF CYPRESS - 2 - 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 22nd day of September 1986, by the following call vote: AYES: NOES: 4 COUNCIL MEMBERS: Kanel, Mullen, Partin and Lacayo 1 COUNCIL MEMBERS: Coronado ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE CITY OF CYPRESS 351 352 EXHIBIT "A" 0 OM MO MI NE MB Ili M - l 0 0 W 0 • a 1 ` ' ` . � 1 ----�I 1 1 1 1 7 r 1 ( w I # co II [_ 1 I 1 1 w �C__ 7[ 1 1 x 1L 1[ 1 1 1 1r I -f, 0 11 1 1 w F:= W 1 1 1 v 1.[7- I 1 0 1 1 1-7-_7_-_-:_L] ' 11 1 1 11- 1 C ] 1 it m , [ ,1 J 1 IL -_ _ C_. 11 o 1 L- -----_I 1 =r� 1 E17:=[__ - _,1 1I 1L --, I1[ I LI ___ -1" 1 Ili EN am !j .1 , °Il ■EN — No Neu we mu - ---. IS 'il1'iliiliow - - - --1 � � 1( 11 iNM NM EN EN Ili. L: III -1G:' EXISTING ON -SITE LAND USES PROJECT SITE MAP 353 EXHIBIT "D" CONDITIONS OF APPROVAL FOR SPECIFIC PLAN NO. 86 -1 CYPRESS PLAZA 1. All applicable mitigation proposed in the Final Environmental Impact Report shall be implemented in conjunction with development, pursuant to the Specific Plan. 2. Execution of and performance of all obligations of the developer as set forth in the Owner Participation Agreement between the applicant and the Cypress Redevelopment Agency, dated as of September 22, 1986, which is on file with the City Clerk and is incorporated herein by reference, shall be required as conditions of approval of this Specific Plan. 3. Covenants, Conditions and Restrictions shall be subject to approval by staff and the City Attorney. 4. Ten (10) acres of commercial retail property shall be provided along Katella Avenue, with adequate frontage on Katella Avenue. This shall be reflected in Table 1 of Section V.C. of the Specific Plan, by incorporating ten (10) acres, 100,000 square feet, 3% of Total Building Square Footage and 6% of Total Specific Plan Area, where it currently states, "To Be Determined." The desig- nated acreage, square footage of building percent of total building square footage, and percent of total Specific Plan area for the remaining uses shall be revised to reflect this change without decreasing the acreage or building square footage for the Hotel and Support Commercial category. Exhibits 1, 7, 9 and 19 shall also be amended to reflect the afore- mentioned changes. 5. Pursuant to the Owner Participation Agreement, dated as of September 22, 1986, which is on file with the City Clerk and incorporated herein by reference, the developer agrees to commence construction of major track improvements as set forth in the Agreement. Additionally, pursuant to the Owner Participation Agreement, the developer shall use its best efforts to maximize the number of racing dates at the track, to maximize parimutuel revenues, and to continue racing operations. 6. Subject to City approval, the Business Park shall carefully design the major entry corridor so that the focal point is the racetrack. Design elements including building placement, landscaping, and signage shall be utilized to enhance the visual corridors to the racetrack operations. 7. Not less than 8,488 parking spaces shall be maintained for the sole use of racetrack activities at all times, as indicated on the Racetrack Parking Exhibit dated August 1, 1986. The parking facilities shall be conveniently located to the racetrack and a shuttle service shall be provided for transport of visitors to and from the parking lot areas on an as- needed basis. The parking lot areas shall he properly maintained, and adequate lighting will be provided at all times. - 2 - 8. The developer shall implement all traffic mitigation measures as cited in the document and, in addition, shall pay to the City for traffic impact mitigation improvements as follows: Beginning with the first non - commercial /retail building permit issued on the subject property, the developer shall pay an amount determined by the City in accordance with the following formula: a. The numerator shall be the estimated dollar amount as determined by the City, required to construct all major traffic improvements which the City determines may be required within the Cypress Business Park and any portion thereof, including the subject property. Such improvements shall include, but not be limited to, arterial street widenings, traffic signal system modifications, grade, separation structures or other major intersection improvements; such improve- ments are exclusive of streets, sewers, storm drains, water lines, undergrounding of power lines and removal of poles, and any other public improvements and infrastructure required on the land owned by the developer and in the public right -of -way adjacent thereto. b. The denominator shall be the gross floor area of the entire Cypress Business Park (excluding commercial /retail uses), including the subject property, as determined by the City at each time in accordance with the formula in Paragraph c. below. c. The square footage of each proposed building shall be multiplied by the factor resulting from the division of the numerator as set forth in Paragraph a. above by the denominator as set forth in Paragraph b. above. d. Payment shall be as follows: The developer shall provide to the City a bond concurrent with the issuance of each building permit which shall be in the amount determined by the City pursuant to Paragraphs a., b., and c., 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 Paragraphs a., b., and c. above. 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 appropri- ate 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 inter- section improvements. In the event that the formation of an assessment district, major thorough- fare benefit district or other financing district occurs,the assessment shall, at the City's discretion, he pro rata within the assessment /benefit area (area of benefit and method of spreading the assessment to be 355 - 3 - 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. 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 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. 11. All streets, sidewalks, sanitary sewer lines, storm drainage systems (including retention basins and pumping systems), and traffic signals totally within the site, shall be privately owned and maintained. Responsibility for, and standards of, maintenance shall be specified in the covenants, conditions and restrictions of the site. 12. The following Landmark Tree Replacement Policy shall be incorporated into the development conditions for the Specific flan arca. 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 he $733 per gross acre (569 trees x $207 /tree 160.6 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 deter- mined 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 commnity, as determined by the City's Director of Public Works and Director of Recreation and ('arks. 3Uu - 4 - 13. Drainage fees, as required per the Master Plan of Drainage, shall be payable prior to issuance of the first building permit within each subdivided parcel of the Specific Plan area; said fees shall be based on the acreage of said subdivided parcel for which building permits are being requested. Fees shall be paid at the rate in effect at the time of payment. 14. Amend VI.F. of the Specific Plan by adding: Uses Permitted Subject to a Conditional Use Permit a. Hotel, motel. b. Restaurants and food establishments. c. Cafes. d. Shopping centers. e. General retail commercial uses not contained within a shopping center, and when not an accessory use. f. Temporary use of bulk cargo containers, trailers and other similar temporary storage facilities. g. Other similar uses which the Planning Director finds to be consistent with the purpose and intent of this Chapter, are similar to the listed permitted uses and which would be compatible with these uses, subject to review or appeal to the City Council. 15. 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 east -west interior road, to provide such alignment. 16. The developer shall fully perform all matters to be accomplished by the Developer described in the Owner Participation Agreement (on file with the Planning Director and incorporated herein by reference). 17. a The land use designations specified in the Specific Plan shall be the applicable land use designations for the actual development of the Project. It is anticipated that the Developer, prier to the time that it is obligated under Section 2 of the Owner Participation Agreement to invest or cause the investment of at least $5,000,000 in racetrack improvements, may either have transferred by sale or lease of or have otherwise caused to be commenced the development of portions of the Project. Notwithstanding Developer's failure to make such invest- ments for major racetrack improvements as required in Section 2 of the Owner Participation Agreement, Developer shall have the right to - 5 - designate up to fifty percent (50 %) of the total area subject to the Specific Plan at the time of its approval as being free from the effects of this Section. Such designations of individual portions of the Project shall be made by the Developer either at the time of transfer of such portion is made, at the time construction commences on any such portion or at the election of the Developer, whichever is applicable and first occurs with respect to each such portion; provided that, where construction has commenced, the area subject to such construction shall be deemed to have been designated as free from the effects of this Section and shall be so counted without necessity of any actions by either party. The Agency when requested by the Developer shall thereupon execute partial releases (in recordable form) releasing those portions so designated from the effects of this Section up to the 50% limitation (i.e., no more than 80 acres shall be designated and released). The remaining fifty percent (50 %) of the project acreage shall be subject to the effects for this Section as follows: In the event the Developer fails to invest or cause the investment of at least five million dollars ($5,000,000) for major racetrack improvements in conformity with Section 2 of the Owner Participation Agreement by the times therein set forth, the land use entitlements for the fifty percent (50 %) of the project acreage not designated by Developer as free from the effects of this section shall, upon actions being taken by the City to amend the Specific Plan, be amended at the discretion of the City to such land use or uses as the City may deem appropriate (which may include the land use designations and zoning in effect prior to the approval of the Specific Plan), and the Developer hereby consents and irrevocably waives any rights of Developer and its successors to object to or to seek compensation based upon any such land use designations and additionally agrees that the Developer and its successors be stopped to assert that it has any greater entitlements or rights. b. Nothing in this Agreement shall prevent the City from adopting new land use designations for the site which do not conflict with the existing land use designation and the Specific Plan; provided that, Paragraph a. of this Section shall additionally be enforceable according to its terms. 18. Specific Plan Exhibit 7 (following Page IV -3) is revised to remove the most easterly Cerritos Avenue Secondary Entry point and the Walker Street Secondary Entry point, both of which were intended for access to the "overflow parking" area easterly of the Racetrack Grandstand and north of the Southern Pacific right -of -way; however, the existing access road to Walker Street may remain and be utilized until the parcel over which it crosses is developed or the traffic signal at the intersection of Walker Street and Executive Drive is constructed, whichever occurs first. 19. Page IV -4, paragraph 3, is amended to read as follows: "Iii the northeast project area, minor driveways are envisioned to Wacker Street and Cerritos Avenue; exact locations of access points are to be determined at the time of development submittals." 3 8 -6- 20. Page IV -8, Los Alamitos Racetrack Parking, is amended by adding the following paragraph: "The Developer shall perform all acts required to construct and maintain legal vehicular and pedestrian railroad track crossing points in conform- ance with the Specific Plan Racetrack Parking Exhibit, dated August 1, 1986. The Developer shall apply for and provide, at his sole expense, all crossing surface improvements, gates, lights, and any other pro- tection of the railroad right -of -way. This condition shall be satisfied prior to the issuance of any construction permits on the final phase of the Specific Plan development." 21. The title of the Secondary Entry elevation view shown on Specific Plan Exhibit 16 (following Page VII -14) is revised to read: "SECONDARY ENTRY (from Cerritos Avenue)" 22. Project Site Traffic Impact Mitigation Measure No. 25 on Page IX -14 is deleted and replaced by the following Measure No. 25: "The City and Racetrack owner shall periodically assess the need for an exclusive Racetrack signalized entrance and /or exit connecting the "overflow parking" area (shown on the Specific Plan Racetrack Parking Exhibit, dated August 1, 1986) to Cerritos Avenue. At such time as the City Traffic Engineer, acting in a reasonable manner, utilizing generally applicable traffic engineering principles, concludes that a signalized entrance and /or exit is needed, and that the signalized entrance and /or exit would not have a material adverse effect on traffic circulation conditions in the area, the City will notify the Racetrack owner, and within thirty (30) days of receipt of such notice, the Race- track owner shall pay, in cash, to the City all funds determined in good faith by the City Traffic Engineer to be necessary to construct said signalized entrance and /or exit in accordance with the City's standards. The following conditions shall apply: (1) Construction shall be completed at the Racetrack owner's sole expense. (2) Racetrack owner shall construct, at his sole expense, the connecting road between the parking area and the signalized entrance and /or exit. (3) Said signalized entrance and/or exit shall be used exclusively for access to the Racetrack parking areas and shall not serve any adjoining develop- ment. (4) The signalized entrance and /or exit shall be located approxi- mately mid -way between Longden and St. Alban Street. (5) The traffic signal shall be designed to rest in an east -west green phase and be activated only by manual override of City - authorized traffic control personnel." 23. Section VII.A of the Cypress Plaza Specific Plan shall be amended to include "Subject to City Council Review, a panoramic view of the Los Alamitos Racetrack, along Katella Avenue, is to be maintained at all tines, even upon ultimate buildout of the proposed Cypress Plaza Specific Plan." 359 -7- 24 Covenants, Conditions and Restrictions for the proposed Specific Plan area shall reflect all land uses (including commercial retail), design standards and all other requirements, guidelines and policies delin- eated in the Specific Plan Text. 25. "The Developer shall enter into the Owner Participation Agreement, referenced herein, on file with the City Clerk of the City of Cypress, within 150 days of the approval of the subject Specific Plan No. 86 -1 and Final Environmental Impact Report, agreeing to all conditions pre- sented in the Owner Participation Agreement. The approval shall be of no further force and effect if the Owner Participation Agreement is not executed on or before such date." 26. All references to the Light Industrial /Mixed Use Industrial land use designation, in the Specific Plan and all associated maps, plans and drawings, shall be changed to a General Business Park classification (or another similar classification acceptable to the Planning Director). 27. The zone change will not become effective and building permits shall not be issued until a parking plan is submitted to the satisfaction of the City Council. Amending the parking plan may result in changes to Condition 9 in Exhibit "C" (EIR) and Conditions 7, 18, 19, 20 and 22 of Exhibit "D" (Specific Plan).