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Ordinance No. 1204 150 ORDINANCE NO. 1204 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADOPTING AN AMENDMENT TO SECTION V (DEVELOPMENT REGULATIONS) OF THE MCDONNELL CENTER SPECIFIC PLAN TO PERMIT AN INCREASE IN THE PLANNING AREA'S MAXIMUM PERMITTED SQUARE FOOTAGE FOR ADDITIONS THAT MEET SPECIFIED REQUIREMENTS WHEREAS, the City Council of the City of Cypress has considered an application submitted by Miguel Ibarra of Kamus + Keller ("Applicant") on behalf of LTP Modern Machine ("Developer")for a 24,452 square foot addition to the existing 99,643 square foot building located at 10900 Walker Street in the McDonnell Center Specific Plan (the "Project"); and WHEREAS, the Project requires the following to be approved by the City Council: an amendment to the McDonnell Center Specific Plan (Specific Plan Amendment No. 2023-01)and a Site Plan Review (SPR No. 2023-01); and WHEREAS, an application was filed for approval of an amendment to the McDonnell Center Specific Plan ("Specific Plan") in accordance with the provisions of Section 4.20.080 of Appendix I (Zoning) of the Cypress Municipal Code to permit an increase in the Planning Area's maximum permitted square footage for additions that meet specified requirements; and WHEREAS, the City Council has reviewed the goals and objectives of the General Plan as laid out in the City Council staff report dated June 12, 2023, and finds that the Project is consistent with the intent of the General Plan; and WHEREAS, Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines, adoption of this Ordinance is exempt in that it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. The adoption of the proposed ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. The ordinance establishes procedures and standards for additions to existing buildings within an urbanized business park. WHEREAS, on June 12, 2023, the City Council held a duly noticed public hearing and considered testimony on the application; and WHEREAS, all legal prerequisites for the adoption of this ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DOES HEREBY ORDAIN, based upon substantial evidence taken from the administrative record and at the public hearing, AS FOLLOWS: SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the above Recitals are true and correct and are incorporated herein as findings of the City Council. SECTION 2. Findings. Pursuant to Section 4.20.080 of Appendix I (Zoning) of the Cypress Municipal Code, the City Council finds, after due study and deliberation that the following circumstances exist: 1. The proposed development is in conformance with the goals, policies, and objectives of the general plan. The project is consistent with the following General Plan goals/policies: r.■ LU-1: Create a well-balanced land use pattern that accommodates existing and future needs for housing, commercial, industrial and open space/recreation uses, while providing adequate community services to residents. LU-2: Ensure that new development is compatible with surrounding land uses, the circulation network, availability of public facilities, and existing development constraints. 151 LU-10: Carefully regulate future development in the Business Park to ensure the current high quality environment is maintained. The amendment will contribute to the continued economic vitality of the Cypress Business Park by providing flexibility for successful businesses seeking to expand their facilities. Limiting additions to 25 percent of the existing building area and requiring all other development standards be met will ensure that development is compatible with surrounding uses and that the high quality environment of the Business Park is maintained. 2. The design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g.,fire protection, police protection, water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), would ensure that the proposed development would not endanger, jeopardize, or otherwise constitute a hazard to the public health, safety, or general welfare, or injurious to the property or improvements in the vicinity and base zoning district in which the property is located. The Project is a 24,452 square foot addition to an existing 99,643 square foot warehouse building and will not create substantial changes to the site that would adversely impact public health, safety, or general welfare. The amendment requires additions to meet all applicable development standards, thereby limiting adverse impacts on public health, safety, or general welfare. Any future applications for additions pursuant to the amended language are required to undergo Site Plan Review and would be reviewed for potential adverse impacts through the approval process. 3. The proposed development would: a. Ensure quality development by encouraging greater creativity and aesthetically pleasing designs for the individual components of the development and the development as a whole; b. Ensure the timely provision of essential public services and facilities consistent with the demand for the services and facilities; and c. Promote a harmonious variety of housing choices and commercial and industrial activities, if applicable; attain a desirable balance of residential and/or employment opportunities; and result in a high level of amenities and the preservation of the natural and scenic qualities of open space. The Specific Plan includes design guidelines, development regulations, and infrastructure plans which ensure quality development and the provision of essential public services and facilities. The amendment allows for small additions exceeding the maximum permitted square footage; however, it limits additions to 25 percent of the existing building area and requires all other development standards to be met. With these requirements, the amendment does not impact the Specific Plan's provisions for public services and quality development. The Specific Plan allows for a variety of commercial and industrial uses, consistent with the intent for the Cypress Business Park, as outlined in the General Plan. 4. The subject site is: a. Physically suitable for the proposed land use designation(s); b. Physically suitable for the type and density/intensity of development being proposed; c. Adequate in shape and size to accommodate the proposed development; and d. Served by streets adequate in width and pavement type to carry the quantity and type of traffic expected to be generated by the proposed development. As written, the amendment does not impact the suitability of the Specific Plan Area in regards to land use, density/intensity, shape and size, or circulation. The amendment limits the size of permitted additions and requires all other applicable standards to be met, ensuring proposed additions will be suitable for the site and compatible with surrounding development. SECTION 3. A new Subsection 0 (Additions to Existing Buildings) is hereby added to Chapter V (Development Regulations) of the McDonnell Center Specific Plan as follows: O. Additions to Existing Buildings 152 Additions which exceed the maximum permitted square footage for the Planning Area as specified in Chapter III (Development Plan) may be permitted subject to approval of a Site Plan Review pursuant to Section VI.C, provided the following circumstances exist: 1. The addition does not exceed twenty-five percent (25%) of the total existing building area on the site; and, 2. The addition meets all applicable development standards. SECTION 4. CEQA In accordance with Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines, adoption of this Ordinance is exempt in that it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. The adoption of the proposed ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. The ordinance establishes procedures and standards for additions to existing buildings within an urbanized business park. SECTION 5. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. The City Council of the City of Cypress declares that it would have adopted all the provisions of this Ordinance that remain valid if any provisions of this Ordinance are declared invalid. SECTION 6. Effective date. This Ordinance shall become effective thirty (30) days from its adoption. SECTION 7. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard. PASSED, APPROVED and ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 26th day of June, 2023. OtAika-leAt3-IfYlcaktL) MAYOR OF THE-CITY OF CYPRESS ATTEST' th'Wi 7 -11A1,,ur: CITY CLERK OF TH CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of the said City Council held on the 26th day of June, 2023, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Burke, Marquez, Peat, Minikus and Hertz-Mallari NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 4Y,Aok CITY CLERK OF THE CITY OF CYPRESS