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Resolution No. 2537RESOLUTION NO. 2537 A RIESOLUTION OF THE CITY COUNCIL OP TIIE CITY OF CYPRESS APPROVINC CONDITIONAL USE PERMIT NO. 82-5 - WITH CONUI'fIONS. THE CITY COUNCIL OF TIIE CITY OF CYPRESS HEREBY FINDS, RESOLVES, I)F.'II:INIINES, ANL) 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 develop Phase No. 1 of McDonnell Plaza -Cypress, a plan to construct a 210,374 square foot office building generally located at 5701 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: intended as an area for modern industrial/commercial development which meets the high performance and development standards of the City. 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: (I) (2) (3) The development criteria, including design and proposed land usage was previously reviewed and approved in accordance with Specific Plan No. 82-1, McDonnell Center -Cypress. Phase No. 1 conforms with the Specific Plan ancl the City's General Plan. The proposed design of the project was extensively reviewed by both the City, the Federal Aviation Administration and the Los Alamitos Armed Forces Reserve Center. While the Armed forces Reserve Center objected to the building height, the pro- posed height was approved and determined not to he a hazard to the Air Base by the Federal Aviation Administration Western Pacific Region Offices. This use, as approved, conforms with the City's long-range objectives of the General Plan and development of the Cypress Business Park. c. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance except Section 11.2.8, the building height maximum of 35 feet. Included within the con- ditional use request was a request to vary from the maximum build- ing height up to 82 feet which was approved by the City Council pursuant to the following findings: (1) That strict or literal interpretation and enforce- ment of the specified regulation would result in practical difficulty or unnecessary physical hard- ship inconsistent with the objectives of the Zoning Ordinance. (2) That the granting of the variance as conditioned wi11 not constitute the granting of a special privilege inconsistent with the limitations on other properties in the vicinity classified in the same zone. 131 That the granting of the variance wi11 not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Q39 o\4o 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 12th day of July 1982. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK OF THE CITY 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 12th day of July 1982, by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Partin, Rowan, and Mullen NOES: 1 COUNCIL MEMBERS: Coronado ABSENT: 1 COUNCIL MEMBERS: Lacayo CITY CLERK OF THE CYTY OF CYPRESS 4;441 EXHIBIT "A" REVISED CONDITIONS OF APPROVAL. FOR CONDITIONAL USE PERMIT NO. 82-5 (SCRIPT TYPE REPRESENTS A MODIFICATION TO THE ORIGINAL) 1. The final exterior color scheme shall be submitted to City staff for review and approval prior to issuance of building permits. 2. Specific details shall be submitted to City staff for review and approval concerning the actual method of screening all roof top mechanical equipment. Said screening shall be completed prior to building occu- pancy. 3. A comprehensive signing program conforming to Specific Plan No. 82-1 shall be submitted to City staff for review and approval prior to any signing installation. 4. Drainage ahafk be aotved to .the a atihhaetdon ab the City EngL.neen. A gcaciing pkan in ink on mytan, aigned by a neg(stened engineer and wsJng actuat grades (room an Orange County aaaveyon'a benchmark plan, ahat2 be submitted floe apptovaC. On?, to drainage conveyed to the street AhaZZ be by meavv OK an undetusidewaZh drain C4 deemed neceaaany by the City Engineer. Ate Yots shaL2 have a atape geadievt between one peneent 1 %) and theee pendent (3%%) to the atneet. In parking akea, AC akitt have re 11throum a2ope gnadiewt oh two peneewt In), and concrete ahat1 have a minimum afope geadient og -Guo-tentha peneent (.2%%) 5. A landscape and irrigation plan shall be submitted for approval by the City and a bond posted by the applicant to guarantee against any defects in plant materials and workmanship for a period of one year. 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. Property landscaping shall be completed and approved by the Community Development Department prior to issuance of a certificate of building occupancy. Landscaping and irrigation of street parkways shall be incorporated into the onsite landscaping design and plans. Said landscaping and irrigation shall be installed and maintained by the developer. 6. Wheelchair and handicap access facilities shall be installed onsite and offsite in accordance with State of California and City of Cypress Building Department standards. 7. 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. 8. All applicable conditions of Parcel Map No. 82-1121 shall be complied with prior to occupancy of the subject building. •b1'42 - 2 9. A copy of the conditions, covenants, and restrictions (C, C, g 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, 5 R's so that the development will not become a liability to the City. PUBLIC IMPROVEMENT REQUIREMENT 10. Katella Avenue, between Walken. Street and Valley View Street, and intehi.on afitects adjacent to development, 4ha.2t be 6utey .improved with comb, gotten, 4idewatk, bike trait, driveway, paving, medians and Landacaping, etc., in accordance with the Masten Ptan o6 Streets and Highways and Speci6ic Plan No. 82-1. Conhauetion 06 the nemaini.ng portion o6 the o66-atneet sidewalk/bike mail along Katella Auenue 6nom Valley View Sfineet to Walker. Street, may be delayed until development o6 the next pnojeet phase o66 o6 Katella Avenue. The ultimate hal6- at'teet to curb width on Katella Avenue shall be 52 beet. An easement shute be granted to City bon the portion o6 bike mail on Katella Avenue that is shown on pni.vate property. Cwtb netunna at the intersection o6 "C" and "D" Stneet6 with Katetta Avenue and "5" Street nhaUU have a ntdiws o6 35 beet. The conner cuto66a ahatt be dedicated to the City 6 Cypress bon roadway purposes. Aft bus stops shalt be located on the ban aide 66 atneet intelwection on as approved by the City Engineelt. 11. Structural sections for interior streets and parking lots shall be based on the recommendation and soils report prepared by an engineering firm acceptable to the City Engineer, with street structural sections to be determined by using a T. I. (Traffic Index) of 7.5. The minimum flowline grade in streets shall be 0.205. 12. The pavement on the north one-hal6 o6 Katella Avenue between ± 600 beet west o6 Vakeey View Street to Olaekn Street e hall be nepaveed on neptaced as nequueed to meet City standards, as determined by an approved sods nepont 6unnished by the City Council. The scope o6 thin work shale .include asphatt capping, heaten remix, and/on localized nemovatn, and othen wank as neeeascrny but shall not include aemova2 and neptacement 06 etintLng pavement. 13. AZl existing public .improvements which ane damaged, clacked, on othenuise below standard, /hall be nemoved and nep&aced to the sate actton o6 the City Engineer. The developer's obti /tion U, Limited to those existing pubti.c improvements that ane a detn-iment, hcezand, on liability to the devetopen and the City. 14. The geometric layout of the driveway entrance on Katella Avenue shall be subject to the approval of the City Engineer. In the event that ingress and egress at the drive approach on Katella Avenue causes substantial backup of traffic on Katella Avenue, access to the parking lots immedi- ately east and west of the MDC building shall be blocked from the Katella Avenue entrance in a manner approved by City staff. 75. Deleted. 16. A 30 -foot easement over, under, across and through the MDC property, as shown on Tentative Parcel Map No. 82-1121, shall be dedicated to the City for maintaining the existing sanitary sewer as shown on plan titled Project No. 0163-01 (City Project No. 8218-10). Prior to City acceptance of said sewer for maintenance, an agreement listing conditions for accepting maintenance of said sewer shall be prepared by the City and executed by the developer. The City, prior to accepting said sewer for maintenance, shall receive from the developer the above-mentioned signed original sewer plans for filing in the office of the City Engineer. 17. A tna.66ic signal /shall be installed at the intetsectLon 06 "C" Street with Katella Avenue. Median openings ghaht be paovided on KatePla Avenue boa le6t tutnn into both "C" and "V" Streets. The exit lanes on "D" Street and the median opening on Kate?.ta Avenue ghatt be tempo/sanity configured bon night tuan only onto Katetfa Avenue Prom "D" Stn.eet unt 2 the eventual signal ie installed. The devehopen ghat" paovide a bond in the amount oP $60,000 Por the eventual instal&tion 06 the /signal at "D" Stcee-t. Thin /second signet" on Katetta Avenue shalt be installed based on a deteclninathon by the City Engineer but in no cane ean.tLeh that one 111 yeas a6tea eenti6icate 06 occupancy is issued on the Phase 1 o(6cce building. The tca66+.c gignaln on Katelta Avenue ghat" be intenconnected with the Log Alamitos System which paesenthy hag its masted conbeo£len located at Los Alamitos Boueevand and Kate/ha Avenue. Thin /system gha2t be extended 6aom Waken Street to Mite(' View Street using the hatdwine method. Conduit (,or handwvee interconnect ghat" be installed Pon entire length o6 Katebta Avenue «nam Walken Street to Valley View Sticeet as pant o6 this paoject. The developer .shall pay atb casts boa design, engineering, and conntnLw tion 06 signatg. 18. When additional parcels west of Phase No. 1 are developed, traffic signals and turn pockets at Walker Street shall be modified and "B" Street completed. When additional parcels east of Phase No. 1 are developed, traffic signals shall be installed on Valley View Street and interconnected with the Cypress system on Valley View Street. "B" Street shall then be completed to Valley View Street. 19. A catch basin, i6 deemed necesgcvey by the City Engineer, ghat? be pro- vided east 06 the night -turn -in due appaoach on Katetfa Avenue in &ea o6 a cross gutter. Location to be appaoved by City Engineer. 20. Storm drains shall be contained within the paved portions of public streets or within other dedicated easements. U44 - q 21. Landscape and irrigation plans for median islands on Katella Avenue, between Walker Street and Valley View Street, and "C" and "D" Streets shall be submitted to the Public Works Department for approval. A soils report by u qualified agricultural laboratory acceptable to the City Engineer shall be submitted to the Public Works Department for approval. Test results shall include concentration of nitrogen, phosphorus, potassium, pH, salinity, sodium status, and boron satu- ration extract and recommendations. Plans and soils report shall be submitted to City Engineer for plan check and approval at least thirty (30) days prior to planting. On Katella Avenue, median island landscaping and irrigation shall be constructed between "C" and "D" Streets. The landscape design on Katella Avenue shall include a 1 -1/2 -foot wide continuous Bomanite strip back of curb, and minimum 12 -inch high mounded landscaping. Median nose projections shall be Bomanite only. Median island landscaping and the irrigation system on "C" and "D" Streets shall he maintained by the developer. 22. Ex. tiny evenl:cad utitaCty kirlea on the nokth bide of KatetLa Avenue, between Vct&ey View Street and When Street, ahaCX be undebrgnowrd. Akk aecandtvty and pn.tmrvey u.tid,i-ty belrvicel ahnd_f be underground. The btkeet shadk be neout arced with a 1 inch minianum ccaphaht concrete cap IDA a di5-tuutce o(t 20 (feet £ougLtudu afty bl each dinect(.oa ,irtorn each C'ateluc1.. trench. Any open cat ehaCCi be. baclz{i.PXed pen City arc Cypnese Standaitd Na. 110. 23. Street lights shall he installed per City Standards, and dedicated to the City. Street name signs and traffic signs shall be installed per City Standards. No parking will be allowed on Katella Avcnuc and signs installed. Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City Standards. On Katella Avenue, an 8 -foot minimum clearance shall he maintained between street light, Fire hydrant, etc., and back edge of sidewalk. 24. A master plan of sewers shall he submitted, prior to suhmittal of improvement plans for check, for approval by the City Engineer, with plan check and inspection by the City's Engineering Invision, subj_et to plan checking and inspection fees. 25. P.A.A. approved obstruction lighting shall he installed 26. That the proposed project shall not attract birds, nor emit excessive glare or light, nor produce or cause steam, smoke, dust, or electronic i nt. crfercnce so as to interfere with or endanger aeronautical operations. 27. That appropriate notice be provided to all future buyers/tenants that the property is subject to the sight, sound, and overflight by aircraft utilizing A.P.R.C. Los Alamitos. t45 3 Developer shall provide the City with a Certificate of Insurance evi- dencing 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 as ad- ditional insured. Policy shall include the City, its Council, officers, members of boards or commissions 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 he performed under the develop- ment 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. 29. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: Final subdivision map filing fee. Engineering plan checking and inspection fec. Sanitary sewer connection fee. Advanced street light energy charges shall be paid (for a one-year period). . Grading permit fee. Compaction tests for streets. All applicable Building Department fees. (Drainage fee for Master Drainage Plan credited to Walker Street storm drain.) 30. A11 applicable conditions of approval shall be complied with prior to Conditional Use Permit No. 82-5 becoming effective.