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Resolution No. 2760941 RESOLUTION NO. 2760 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 84-5 - 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 permit the construction of an approximately 100,000 square foot Target Store at the northwest corner of Katella Avenue and Knott Street. 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 provide for the classification and development of parcels of land as coordinated, comprehensive projects so as to take advantage of the superior environment which can result from large-scale community planning. To allow diversification of land uses as they relate to each other in a physical and environmental arrangement, while insuring substantial compliance with the provisions of this Ordinance. To provide for a ;one encompassing various types of land uses, such as single-family residential developments, multiple housing developments, professional and adminis- trative office areas, commercial centers, industrial parks or any public or semi-public use or combination of uses through the adoption of a Development Plan and text materials which oat forth lana use relationships and development atan4arde, b. The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare or be materially injurious to properties or improvements in the vicinity in that: (1) This project should not create a substantially adverse physical change within the affected area, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. (2) Although the proposed project will generate a substantial increase in traffic to the site, the following measures will be taken to mitigate all potential negative impacts: (a) The traffic signal at the intersection of Knott Street and Katella Avenue will be improved to an 8 -phase fully -actuated operation. (b) The northside of Katella Avenue will be widened from 46 feet to 52 feet to provide for a turning lane into the project site. (c) The developer will submit a traffic report to specifically address traffic control needs. Accordingly, a traffic signal will be installed at the intersection of Katella Avenue and International Avenue if the traffic reports state that it is needed. (d) Katella Avenue and Knott Street are adequate in size to accommodate all traffic generated by this project. (3) The proposed project does meet all objectives of the 44? City's Zoning Ordinance and General Plan. (4) Public services and utilities in the area are adequate to handle the facility. (5) The proposed building will 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. (6) The truck loading docks have been located on the west end of the building away from adjoining residences to the north and will be screened from the residences via an 8 -foot block wall and landscape trees. 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 Exhibit "A." PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 26th day of March 1984. ATTEST: C[ Y4CLERKI/ le OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 55 -MAYOR OF THE CITY OF CYPRESS 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 26th day of March 1984, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Kanel, Lacayo, Mullen and Partin NOES: 0 COUNCIL MEMBERS: None ABSTAINED: 1 COUNCIL MEMBERS: Coronado ABSENT: 0 COUNCIL MEMBERS: None 1/. ER 4 I i CITY CLERK 0 THE CI_ OF CYPRESS 443 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 84-5 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 shall be satisfied. A parcel map shall be recorded for merger and resubdivision of land for this development. Upon separate ownership of Parcels 1, 2 and 3, reciprocal easements shall be recorded and agreements filed with the City governing joint use and mainte- nance of drive approaches, onsite parking, irrigation system, etc. 2. Future building construction known as Phase II shall return to City Council under the conditional use permit process for site plan and architectural approval. 3. All onsite improvements for Parcels 1, 2 and 3 including paved parking and landscaping of Phase I1 building sites shall be constructed in Phase I to the satisfaction of the City staff. 4. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan, in ink on mylar, signed by a registered Engineer and using actual grades from an Orange County surveyor's benchmark shall be sub- mitted for approval. All onsite drainage conveyed to the street shall be by means of an undersidewalk drain. In parking areas, AC shall have a minimum slope gradient of two percent (2%), and concrete shall have a mini- mum slope gradient of two-tenths percent (.2%). 5. A minimum six-foot (6') high block wall, measured from the highest adjacent grade, shall be constructed and/or maintained along the northerly property line. A two -foot (2') redwood extension shall be constructed on the above wall at the option of the adjacent property owner. Also, 15 -gallon Cupressocyparis leylandii, seven -foot (7') on center, shall be planted along the wall for screening purposes. A retaining wall per City standards shall be constructed at the property line where the grade difference is greater than twelve inches (12"). A six-inch (6") concrete curb per City standards shall be constructed at a minimum distance of three feet (3') from the base of all block walls exposed to vehicular traffic. 6. The developer shall provide adequate "no parking" controls within the development to the satisfaction of the City Engineer. 7. A landscape and irrigation plan shall be submitted for approval by the City Planning Department and a bond posted by the applicant to guarantee against any defects in plant materials and workmanship. A soils report for all planting areas, by a qualified agricultural laboratory, shall be submitted to the Public Works Department for approval at least thirty (30) days prior to planting date. Test results shall include concentration of nitrogen, phosphorus, potassium, pH, salinity, sodium status, and boron saturation extract. 8. Wheelchair and handicap access facilities shall be installed onsite and offsite in accordance with State of California and City of Cypress Building Department standards. 994 9. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. All roof mounted equipment, such as heating and air conditioning units, shall be adequately screened from public view, subject to the approval of the 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 the City staff. 10. The developer shall submit a traffic report to specifically address the traffic control needs and the projections of traffic generation and dis- tribution for this project. This report shall complement the comprehen- sive traffic studies previously conducted for developments within the Cypress Business Park. 11. The traffic signal at the intersection of Knott Street and Katella Avenue shall be improved to provide for 8 -phase fully -actuated operation. All costs for design engineering and construction of the signal shall be the responsibility of the developer. 12. In response to the warrants for a traffic signal indicated in the traffic report, a new signal shall be installed at the intersection of Katella Avenue and International Avenue. All costs for design, engineering and construction shall be the responsibility of the developer. 13. International Avenue shall be relocated, dedicated, and fully improved with curb, gutter, driveway, paving, public utility relocation, etc., in accordance with the Master Plan of Streets and Highways. International Avenue shall have a total right-of-way width of forty-five feet (45') with an additional five-foot (5') wide public utility easement on each side of the street. Additional right-of-way shall,bo required at the northwest corner of international/Katella and at tho southwest corner of International/ International, Also, that portion of this development between the wost curb of the proposed International Avenue and the existing west property line of this development shall be qujtcl aimed to Kierulff Electronics. Additional drive approaches on Katella Avenue will not be allowed. The north side of Katella Avenue shall be widened to a curb width of fifty-six feet (56') east of drive entrance and fifty-two feet (52') west of drive entrance to this development and fully improved with curb, gutter, sidewalk, driveway, paving, public utility relocation, median turn pocket, etc., in accordance with the Master Plan of Streets and Highways. An additional two and one -half -foot (2-1/2') wide walkway and public utility easement shall be granted to the City. The minimum flowline grade in streets shall be 0.20%. All existing public improvements at the development site which are damaged, cracked, or other- wise below standard, shall be removed and replaced to the satisfaction of the City Engineer. 445 - 3 14. The access drive off of Katella Avenue shall have no onsite intersecting aisles less than one hundred fifty feet (150') from the property line on Katella Avenue to provide adequate stacking and traffic circulation capability. A minimum four -foot (4') wide walkway for pedestrian access from Katella Avenue and minimum four -foot (4') wide planter strip shall be constructed on each side of the above access drive. A minimum eight -foot (8') wide walkway shall be provided along the entire front of the Target Store. 15. The quantity, location, width and the type of driveways to this develop- ment shall be subject to the approval of the City Engineer. An effective sight distance for vehicular traffic shall be maintained at the inter- section of the driveway entrances with Katella, Knott and International Avenue. 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 onsite drive intersections to the satisfaction of the City Engineer. 16. A revision of the existing landscape and irrigation plan for median islands on Katella Avenue, between Knott Street and left turn pocket to International Avenue, shall be submitted to the Public Works Department for approval. 17. All secondary and primary utility services shall be underground. The street in front of this development shall be resurfaced with one inch (1") minimum thickness asphalt concrete cap from curb to curb if it is necessary to open cut the street in more than one place. Any open cut shall be backfilled per City of Cypress Standard No. 110. 18. All necessary fire hydrants shall be installed in accordance with Fire Department requirements and City standards. 19. Street trees (15 gallon) forty feet (40') on center shall be installed along streets in conformance to the street tree policy of the Public Works Department. The type of trees shall be as required under the Townscape and Urban Design Element of the General Plan. Said trees shall be incorporated with the onsite landscape plan. All landscape areas in back of sidewalk in public right-of-way shall be maintained by the developer. 20. A comprehensive sign program for both building and freestanding/monument signs shall be submitted for Planning Department approval prior to any signing installation. 21. The final exterior color scheme shall be submitted to City staff for review and approval prior to actually painting the structure. 22. All requirements of the Orange County Fire Marshal's Office shall be satisfied prior to occupancy of the subject building. 4 23. All product and material storage shall occur within the building. Exterio storage is specifically prohibited. 24. The truck loading dock area of the Target Store shall be enclosed by an eight -foot (B') high poured concrete screen wall excepting driveway access points at the west end of the building, subject to the approval of City staff. 25. The business hours of operation in relation to truck dock activity shall be limited from 7 a.m. to 6 p.m. daily. Late night or early morning deliveries shall be specifically prohibited. 26. Outside public address speakers, telephone bells, buzzers and similar devices which arc audible on adjoining properties arc hereby prohibited. 27. All exterior mechanical equipment, such as heating and air conditioning compressors, shall be adequately screened from adjoining property view and insulated so that they are not audible beyond the subject property lines. 28. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only." 29. The applicant shall submit a detailed site and elevation plan of the Carden Shop facility for review and approval by City staff prior to occupancy of the facility. 311. A11 parking lot landscape planter boxes shall have a minimum width of six feet (6'). 31. Developer shall provide the City with a Certificate of Insurance 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 per- formed. Certificate shall include the City as additional insured. Policy shall include the City, its Council, officers, members of boards or com- missions and employees are hereby declared to be 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 cancellation notice to the City of Cypress. 32. Ices required for improvements arc: a. Final subdivision map filing fee (per Resolution No. 1713). b. Engineer plan checking and inspection fee (per Resolution 1713). c. Sanitary sewer connection fee (per Orange County Sanitation District No. 3, Resolution No. 303). d. Grading permit fee (per Section 7007 Uniform Building Code). 0. Compaction tests. f. All applicable Building Department fees. 447 s 33. All applicable conditions of approval shall be complied with prior to Con- ditional Use Permit No. 84-5 becoming effective. 34. Target shall repair and be responsible for any destruction to the north property line block wall, due to tree roots or erosion. 35. The hours of operation in relation to onsite sweeper and refuse collection activities shall be limited from 7 a.m. to 6 p.m. daily. Late night or early morning operation shall be strictly prohibited. 36. Upon completion of constriction, a noise study of Target shall be performed by an independent sound engineer. Any decibel reading beyond what is per- mitted by City Code shall be mitigated. 37. The subject site shall be treated for rodent infestation prior to con- struction to alleviate any possible migration onto adjacent properties. 38. A sign prohibiting left turns out of the northerly driveway on Knott Street shall be posted subject to approval of the City Traffic Engineer. 39. Hours of delivery and trash pickup shall further be limited on Saturdays to store hours and shall bo restricted on Sundays except between Thanksgiving and Christmas and four (4) weeks preceding Easter. Hours of delivery for any permitted Sunday deliveries shall be from 10 a.m, to 6 p.m. 40. A sign shall bo installed limiting truck use by weight on the northerly driveway on Knott Street. 41. Hours of construction shall be, lim}ted to 7 a.m. to 6 p.m. weekdays including Saturdays. No construction shall be permitted on Sundays or federal holidays. 42. The landscaped buffer required per Condition No. S shall be installed immediately after the completion of grading.