Resolution No. 3153RESOLUTION NO. 3153
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING PARCEL MAP NO. 86 -0269 - WITH CONDITIONS.
WHEREAS, an application was made by McDonnell Douglas Realty Company to
divide an existing 11.5 -acre parcel to create one buildable parcel at the
southwest corner of Plaza Drive and Valley View Street; and
WHEREAS, the City Council considered evidence presented by the applicant,
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. 82 -1 regulating the McDonnell Douglas Realty Company
land holding, and with all provisions of the City's Subdi-
vision 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," "B,"
and "C" of the conditions of approval for Parcel Map
No. 86 -0269.
2. The design and improvement of the proposed subdivision as designated
on the parcel map and supplemented by the conditions attached hereto as
Exhibits "A," "B," and "C," and incorporated herein by reference, are compati-
ble 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 exist-
ing 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. 86 -0269, subject to the con-
ditions attached hereto as Exhibits "A," "B," and "C."
PASSED AND ADOPTED at a regular meeting of he City Council of the City
of Cypress on the 27th day of October 1986.
ATTEST:
CITY CLERK OF THE CIT OF CYPRESS
MAYsti'iF T T OF CYPRESS
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
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 z7th day of October 1986, by the following
roll call vote:
AYES: 4 COUNCIL MEMBERS: Coronado, Kanel, Partin and Lacayo
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Mullen
CITY C RK OF H CITY F CYPRESS
2
397
388
EXHIBIT "A"
PARCEL MAP NO. 86 -0269
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. The conditions of Design Review Committee No. 86 -21, as attached in
Exhibit "C" hereto, shall be considered to be a part of the conditions
for Parcel Map No. 86 -0269.
3. The final subdivision map filing fee shall be paid and the monumentation
bond posted.
4. The traffic impact mitigation assessment fee shall be paid per Exhibit
"B" attached.
5. Public and onsite fire hydrants may be required.
393
EXHIBIT "B"
PARCEL. MAP NO. 86 -0269
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 Map No. 86 -0269, 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.1 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.
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 he 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. 86 -0269, 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.
400
- 2 -
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.
EXHIBIT "C"
PARCEL MAP NO. 86 -0269
401.
CITY OF CYPRESS
275 ORANGE AVENUE, CYPRESS, CALIFORNIA 90630 V AREA CODE (714) 828 -2200
.tune 25, 1986
Mr. Merle G. Pautsch
M.D.C. Realty Company
2201 Martin Street, Suite 107
Irvine, California 92715
Subject: Design Rcv1ct% Committee No 86 -21
S -Story Office Building - Sony, Inc.
Dear Merle:
The staff Design Review Committee has completed its review of your plans
and elevations for the construction of a five -story office building (for
Sony, Inc.) at the southwest corner of Valley View Street and Plaza Drive.
Design Review Committee File No. 86 -21 has been approved subject to the
following conditions of approval:
1. The developer shall conform to all applicable provisions of the City
Code.
Drainage shall be solved to the satisfaction of the City Engineer. A
grading plan, in ink on myl ;rr, signed by a registered California civil
engineer and using actual grades from an Orange County surveyor's
benchmark shall be submitted for approval. In parking areas, AC shall
have a minimum slope gradient of two percent (20), and concrete shall
have a minimum slope gradient of two- tenths percent (.2%).
5 A retaining wall per City standards shall he constructed at the
property line where the grade difference is greater than twelve inches
12"
1 Wheelchair and handicapped access facilities shall be installed ons1te
and offsite in accordance with State of California and City of Cypress
Public Works Department standards.
5. All existing public improvements at the development site which are
damaged due to construction, cracked, or otherwise below standard,
shall he removed and replaced to the satisfaction of the City Engineer.
402
Mr. Merle G. Pautsch
M.D.C. Realty Company
June 25, 1986
Page Two
6. All secondary and primary utility services shall be underground.
Trenching and backfill in streets shall be per City of Cypress
Standard No. 110. Arterials shall be crossed by boring only. [n City
streets lateral open cuts spaced within twenty feet (20') of each
other shall be covered with a one inch (1 ") continuous A.C. cap.
7. Transportation Systems Management (TSM) measures shall be required 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 TSM 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 consultants.
8 Street trees (15 gallon) forty feet (40') on center shall be installed
in conformance to the street tree policy of the Public Works Department
and shall be incorporated with the onsite landscape plan. The type of
trees shall be as required by the City's street tree ordinance. Land-
scaping in the public right -of -way shall be maintained by the developer.
9 The developer shall comply with all requirements of the FAA should any
portion of the development encroach within the 100 to 1 imaginary sur-
face surrounding the Los Alamitos Air Base. Encroachment within the
50 to 1 approach surface will require approval by the FAA.
10 The developer's contractor shall provide the City with a Certificate of
Insurance on City form evidencing a comprehensive liability insurance
policy(s) with a combined single limit of not less than $500,000 each
occurrence in connection with the work performed. Certificate shall
include the City, its Council, officers, members of boards or com-
missions and employees as additional 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 cancel-
lation notice to the City of Cypress.
11
All requirements of the Orange County Fire Marshall's Office shall be
complied with prior to a Certificate of Occupancy being issued. An
offsite fire hydrant(s) will be required.
12. All product and material storage shall occur within the building.
Exterior storage is specifically prohibited.
13. A comprehensive sign program for both building and freestanding monu-
ment signs shall be submitted for Planning Department approval prior
to any signing installation. The developer shall not erect or display
on the subject property any signs which have not been approved in
writing by the [Tanning Department.
403
Mr. Merle G. Pautsch
M.D.C. Realty Company
June 25, 1986
Page Three
14. Outside public address speakers, telephone bells, buzzers and similar
devices which are audible on adjoining properties are hereby prohibited.
15. All roof mounted equipment, such as heating and air conditioning units,
shall be adequately screened from public view subject to the approval
of City staff. Commercial or industrial developments which adjoin
residentially zoned areas shall construct noise bafflers and /or deflec-
tors on all mechanical equipment mounted outdoors, to the satisfaction
of City staff.
16. Compact parking space aisles shall be denoted as such on the asphalt
as "Compact Only."
17. Developer shall conform to all conditions recommended by the Traffic
Commission.
18. A detailed landscape and automatic irrigation plan shall be submitted
to the Planning Department for review and approval at least sixty (60)
days prior to issuance of a Certificate of Occupancy. In addition, a
bond shall be posted with the Public Works Department to guarantee
against any defects in plant materials and workmanship.
19. Onsite security lighting shall be arranged so that direct rays will
not shine on adjacent properties or produce glare for street traffic.
20. A redwood landscape retainer, a minimum of two inches by six inches
(2" x 6 ") in size, shall be installed along all property lines where
necessary to retain the landscape planters until adjoining properties
are developed.
21. The developer shall provide an adequate number of trash enclosures
onsite and at a location acceptable to City staff.
22. Architectural elevations and site plans shall be reviewed and approved
by the Planning Department prior to Building Department plan check
submittal.
23. Parking for the handicapped shall he provided in accordance with State
requirements.
24. The proposed buildings shall be constructed with the appropriate
"sound insulation" material as required by the California Noise Insu-
lation standards to mitigate the noise impact from the Los Alamitos
Armed forces Reserve.
25. The transformer boxes and water valves shall he placed in locations
acceptable to the Planning Director and shall be adequately screened
from view with plant materials.
1O4
Mr. Merle G. Pautsch
M.U.C. Realty Company
June 25, 1986
Page Four
26. All architectural treatments shall be constructed as illustrated on
plans and renderings submitted. The final exterior color scheme shall
be submitted to City staff for review and approval prior to actually
painting the structure.
27. The applicant shall obtain a Cypress business license prior to com-
mencement of the business operation.
28. Utilities shall not be released until all conditions of approval have
been met to the satisfaction of the Planning, Building and Public
Works Departments.
29. At least thirty (30) days prior to the issuance of building permits
for any structure penetrating the 100:1 imaginary surface, the project
proponent shall submit FAA Form 7460 -1, "Notice of Proposed Construction
or Alteration" to the Chief, Air' Traffic Division of the appropriate
FAA regional office. The project applicant will comply with all appro-
priate FAA standards and requirements. The findings of the FAA will be
transmitted to the City of Cypress prior to the application for
business permits.
30. Prior to the issuance of building permits for any habitable building
proposed for construction within the 60 CNEL contour from the Los
Alamitos Army Airfield, the project proponent shall submit to the City
of Cypress an acoustical analysis report. The report shall describe
the acoustical design features of the structures required to satisfy
the Airport Environs Land Use Plan and State interior noise standards
along with evidence that the sound attenuation measures specified in
the report have been incorporated with the design of the project.
31. The quantity, location width, and the type of driveways shall be
subject to the approval of the City Engineer. An effective sight
distance for vehicular traffic shall be maintained at the intersections
of the driveway entrances with Valley View Street and Plaza Drive. The
centerline of this parcel's Plaza Drive drive approach shall line up
with the existing centerline of the Mitsubishi drive approach. No land-
scaping in excess of three feet (3') high will be allowed in the area
of the curb returns. Adequate sight distance shall be maintained
within the development to the satisfaction of the City Engineer. The
drive onto Valley View Street shall have twenty -five foot (25') curb
radii.
32. The west side of Valley View Street shall be widened at the following
locations:
a. From the north beginning of curb of the northwest corner of Valley
View Street and Kate1la Avenue north to the southerly beginning of
curb at the drive approach accessing Valley View Street (approxi-
mately two hundred fifty feet 1250'1 from beginning of curb to
beginning of curb): The new curb face shall be eight feet (8')
west of the existing curb face.
405
Mr. Merle G. Pautsch
M.D.C. Realty Company
.June 25, 1986
Page Five
b. From the north beginning of curb of the drive approach accessing
Valley View Street north to the southerly beginning of curb of
the southwest corner of Valley View Street and Plaza Drive
(approximately four hundred eighty feet [480'] from beginning of
curb to beginning of curb): The new curb face shall be six feet
(6') west of the existing curb face.
c. From the north beginning of curb of the northwest corner of Valley
View Street and Plaza Drive to a point one hundred twenty feet
(120') north: The new curb face shall be six feet (6') west of
the existing curb face. From that point north, there shall be a
sixty -foot (60') reverse taper joining the existing curb face at
that point.
d. Curb returns at the northwest corner of Valley View Street /Katella
Avenue and Valley View Street /Plaza Drive shall be constructed
with thirty -five foot (35') radii.
The City shall enter into a reimbursement agreement with the developer
at the time a parcel map is approved for the area bounded by Katella
Avenue /McDonnell Drive /Plaza Drive /Valley View Street. The terms of
this agreement will provide for the City to reimburse the developer
from the Cypress Business Park Traffic Impact Mitigation Fee Fund, his
actual construction costs required to reconstruct Valley View Street
and Katella Avenue at their wider widths stipulated by the City. The
limit of this reimbursement work shall be on Valley View Street from a
point one hundred eighty feet (180') north of the north beginning of
curb of Plaza Drive, southerly through the curb return at the northwest
corner of Valley View Street /Katella Avenue, and westerly to McDonnell
[)rive. Reimbursed work shall include only the following items:
removals, street grade preparation, construction of curbs and gutters,
street paving, traffic signal - related and other utility - related modifi-
cations, modification of landscaping and irrigation systems, and sidewalk
modifications. Specifically excluded from reimbursement shall be all
costs of design and overhead and the construction of curb returns,
grading and paving at new driveway entrances.
The reimbursement agreement shall be contingent upon the developer
agreeing to participate in the City's Business Park Traffic Impact
Mitigation Fee assessment based on actual floor area of non -hotel and
other non- commercial /non - retail construction within the boundaries of
the parcel map. This will be a condition of approval of said map.
Valley View Street and the Orange County Flood Control District
right -of -way in front of this development shall be fully improved
with a ten -foot (10') wide meandering bike trail /sidewalk, bermed
landscaping, and undergrounding of existing overhead utility lines,
etc., per the City's Master Plan of Streets. The Bolsa Chica Channel
shall be covered from Plaza Drive to Katella Avenue.
40i
Mr. Merle G. Pautsch
M.D.C. Realty Company
June 25, 1986
Page Six
Perpetual maintenance of the landscaping and irrigation system on
Plaza Drive and Valley View Street parkways and on the Orange County
Flood Control District right -of -way shall be the responsibility of
the developer.
33. Fees required for improvements are as follows:
. Engineering plan checking and inspection fee (per Resolution 1713).
. Drainage fee for Master Drainage Plan (per Resolution 2287).
. Sanitary sewer connection fee (per Orange County Sanitation District
No. 3, Resolution No. 303).
. Advanced street light energy charges shall be paid (for a one -year
period).
. Grading permit fee (per Section 7007 Uniform Building Code).
. All applicable Building Department fees.
34. The proposed loading dock facility is not approved under D.R.C. No.
86 -21. A conditional use permit must be obtained prior to the con-
struction of the loading dock facility.
35. Obstruction lights shall be installed on the building as per the recom-
mendation of the FAA.
36. Specific details shall be submitted to City staff for review and
approval concerning the actual method of screening of all roof top
mechanical equipment. Said screening shall be completed prior to
building occupancy.
To proceed towards obtaining the necessary building permits, please sign
the attached Agreement to Conditions Imposed and return to this department
within ten (10) days from receipt of this letter.
Should you have any questions concerning the Design Review Committee's
conditions of approval, or wish to appeal the Committee's decision to the
City Council within fifteen (15) days, please do not hesitate to contact me.
Yours truly,
CITY OF CYPRESS
Vern Jones
Senior Planner
VJ:fp
Attachment
cc: Engineering, Building