Loading...
HomeMy WebLinkAboutResolution No. 3176RESOLUTION NO. 3176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 86 -35 - WITH CONDITIONS. THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS: 1. That an application was filed for a conditional use permit in accordance with the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to construct a seven -story Ramada Inn hotel at 5865 Katella Avenue. 2. That the City Council, after proper notice thereof, duly held a public hearing on said application as provided by law. 3. That the City Council hereby finds that: a. The proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purpose of the zone in which the site is located is: To ensure responsible development of the proposed McDonnell Center - Cypress development while allow- ing for creative and imaginative community design concepts tailored to meet the needs of the partic- ular area. b. The proposed location of the conditional use and the con- ditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare or be materi- ally injurious to properties or improvements in the vicinity in that: (1) The proposed building and land use is con- sistent with the intent of the McDonnell Center - Cypress Specific Plan No. 82 -1 and the PC -3 Planned Community Business Park Zone. (2) Existing public services and utilities are adequate to meet the needs of the proposed facility. (3) Traffic and circulation problems have been addressed and mitigated in the McDonnell Center - Cypress EIR (SCH No. 81111323). (4) Noise impacts will be mitigated by requiring construction of the proposed building with appropriate "sound insulation" materials. (5) The Federal Aviation Administration (FAA) has reviewed the proposed project and issued a Notice of No Hazard to Air Navigation. As recommended by the FAA, the proposed building will be obstruction marked and lighted. c. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance except for approved variances or adjustments. 4. The City Council DOES HEREBY GRANT said conditional use permit, subject to the conditions attached hereto as Exhibits "A," "B" and "C." PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 12th day of January 1987. ATTEST: CITY CLERK1OF THE CITY,'OF CYPRESS OF THE CITY OF CYPRESS 465 466 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 12th day of January 1987, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Arnold, Coronado, Davis, Mullen and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None /G. CITY CLERK THITY' 0 CYPRESS 467 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 86 -35 CONDITIONS OF APPROVAL 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 Subdi- vision Ordinance and Zoning Ordinance shall be satisfied. Parcel Map No. 86 -0412 shall be recorded prior to issuance of building permits. 2. Upon separate ownership of parcels, reciprocal easements shall be re- corded and agreements filed with the City governing joint uses and mainte- nance of drive approaches on Katella and Plaza Avenues, drainage, irri- gation system, etc. 3. A copy of the conditions, covenants, and restrictions (C, C, & R's) covering the development shall be submitted to the City staff and City attorney for their review, recommendations, and approval to assure the continuance, maintenance, applicability and enforceability of the C, C, & R's so that the development will not become a liability to the City at a later date. 4. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan and sewer plan, in ink on mylar, 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 (2 %), and concrete shall have a minimum slope gradient of two - tenths percent (.2 %). 5. All existing public improvements at the development site which are damaged due to construction, or otherwise below standard, shall be removed and replaced to the satisfaction of the City Engineer. 6. The north side of Katella Avenue shall be fully improved for an exclusive right -turn lane from the bus bay west of Valley View Street to McDonnell Drive by relocating the curb six feet (6') to the north. In addition, a five -foot (5') wide public utility easement back of curb shall be dedi- cated to the City. This Katella Avenue widening is covered by the Reimbursement Agreement, by and between MDC Realty Company and the City, as specified in Condition No. 32 of Conditions of Approval for Design Review Committee No. 86 -21 (Sony Development). A meandering ten -foot (10') wide PCC bike trail, within a dedicated bike trail easement, shall be constructed along Katella Avenue. 7. Drive approaches on Katella Avenue and Valley View Street serving Parcel 2 will not be allowed except at the shared approach at the west property line of Parcel 2. 8. The widening of Valley View Street by MDC Realty Company, a requirement of Condition No. 32 of Conditions of Approval for Design Review Committee No. 86 -21 (Sony Development), shall be bonded by MDC Realty Company for future construction at the time of the conclusion of the Valley View Street overpass study or at such other time as deemed necessary by the City Engineer. 408 - 2 The approximately forty (40) lineal feet of depressed curb and gutter on Valley View Street, north of Katella Avenue, shall be removed and replaced per City standards. 9. Valley View Street and the Orange County Flood Control District right -of- way in front of this development shall be fully improved, at the time of development of Parcel 2 of Parcel Map No. 86 -0412, 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. Perpetual maintenance of the landscaping and irrigation system on Katella Avenue and Valley View Street parkways shall be the responsibility of the developer. 10. The sewer main on Katella Avenue shall be extended per City standards and the north side of Katella Avenue, from median curb to north side curb, in the vicinity of the sewer construction to the Valley View Street inter- section shall be overlayed with a .10 -foot A.C. cap. 11. The 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 intersection of the driveway entrances with surrounding streets. No landscaping in excess of three feet (3') high will be allowed in the area of the curb returns. Adequate sight distance also shall be maintained within the development at all driveway intersections to the satisfaction of the City Engineer. 12. All secondary and primary utility services shall be underground. Trench- ing and backfill in streets shall be per City of Cypress Standard No. 110. Arterials shall be crossed by boring only. In 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. 13. 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 TSM plan adopted by the City for the Business Park and shall partici- pate in a Transportation Management Association (TMA) formed by landowners in the Business Park with the assistance of the City and its consultants. The developer shall participate in these programs on an equivalent basis with all other City- designated participants within the Business Park. 14. Street trees (15 gallon) forty feet (40') on center shall be installed in back of the public sidewalk 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. Landscaping in public right -of -way shall be main- tained by the developer. 15. Fees required for improvements are as follows: . Final subdivision map filing fee (per Resolution No. 2964). . Engineering plan checking and inspection fee (per Resolution No. 2964). 469 - 3 . Sanitary sewer connection fee (per Orange County Sanitation District No. 3, Resolution No. 303). . Grading permit fee (per Resolution No. 2964). . Compaction tests. . All applicable Building Department fees. . The Traffic Impact Mitigation assessment fee shall be paid per Exhibit "B" attached. 16. Wheelchair and handicapped access facilities shall be installed onsite and offsite in accordance with State of California and City of Cypress Public Works Department standards. 17. Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to Building Department plan check submittal. 18. All architectural treatments shall be constructed as illustrated on plans and renderings submitted. The final exterior color scheme shall be sub- mitted to City staff for review and approval prior to actually painting the structure. 19. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 20. Balconies shall not exceed six feet (6') in width with one dimension. 21. The structure shall conform with all applicable high -rise building regu- lations in Title 19 and 24, California Administrative Code and the 1982 Uniform Building Code. 22. Prior to the issuance of building permits for any habitable building pro- posed 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 incorpo- rated with the design of the project. 23. The proposed buildings shall be constructed with the appropriate "sound insulation" material as required by the California Noise Insulation standards to mitigate the noise impact from the Los Alamitos Armed Forces Reserve. 24. 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 resi- dentially zoned areas shall construct noise bafflers and /or deflectors on all mechanical equipment mounted outdoors, to the satisfaction of City staff. 25. Installation of Cable T.V. shall be subject to City Ordinance No. 726. Prior to construction, the developer shall contact Copley /Colony, Inc. (Phone: [714] 826 -8680) for specifications and procedures for the prewire of the building and installation of the service wiring. Necessary permits shall be obtained at the City. 40 - 4 - 26. A comprehensive sign program for both building and freestanding monument 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 Planning Department. 27. The developer shall comply with all requirements of the Federal Aviation Administration's Determination of No Hazard to Air Navigation dated November 3, 1986. 28. All temporary construction equipment, such as cranes, derricks, etc., which has a height greater than eighty -six feet (86') above grade shall obtain separate Federal Aviation Administration approval. 29. The structure shall be obstruction marked and lighted in accordance with FAA Advisory Circular AC 70/7460 -1C, Chapters 4, 5 and 9. 30. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued. 31 A detailed parking plan for the hotel shall be submitted to the Planning Department for review and approval prior to issuance of any building permits. This plan shall provide for a total of 269 parking spaces for use in conjunction with the hotel. Required parking spaces, both onsite and on the adjacent 3.35 -acre parcel shall be available for use prior to issuance of a Certificate of Occupancy for the hotel. 32. Prior to development of the adjacent 3.35 -acre parcel, the applicant may request that the City conduct a study of parking needs for the hotel based upon actual usage of the facility. Based upon this study, the City Council may, at its discretion, call a public hearing to modify the number of required parking spaces. 33. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only." 34. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 35. Parking for the handicapped shall be provided in accordance with State requirements. 36. 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. 37. A redwood landscape retainer, a minimum of two inches by six inches (2 "x6 ") in size, shall be installed along all property lines where necessary to retain the landscape planters until adjoining properties are developed. 38. The developer shall provide an adequate number of trash enclosures onsite at locations approved by the Planning Department as part of the detailed landscape plan. 471 - 5 - 39. The location of transformer boxes and water valves shall be shown on land- scape and irrigation plans and shall be placed in locations acceptable to the Planning Director. All transformer boxes and water valves shall be adequately screened from view with plant materials. 40. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 41. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic Beverage Control prior to Conditional Use Permit No. 86 -35 becoming effective. 42. Occupancy within any hotel room by one individual shall not exceed a thirty (30) day period per calendar quarter. The applicant shall make the guest register and all necessary records available for monitoring by City staff. 43. No hotel room shall be let more than twice in any twenty -four (24) hour period. 44. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 45. All requirements of the Orange County Fire Marshal's Office, Orange County Health Department, and Cypress Building and Safety Department shall be satisfied prior to commencement of the business operation. 46. The applicant shall obtain a Cypress business license prior to commence- ment of the business operation. EXHIBIT "B" PARCEL MAP NO. 86 -0412 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 -0412, 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 1987 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 (any 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. 86 -0412, 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. 473 - 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. 474 EXHIBIT "C" PARCEL MAP NO. 86 -0412 CONDITIONS OF APPROVAL 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 shall be satisfied. 2. All conditions of approval for Conditional Use Permit No. 86 -35 are hereby included within the approval of Parcel Map No. 86 -0412.