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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