Loading...
Resolution No. 6536127 RESOLUTION NO. 6536 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 17830 SUBJECT TO CONDITIONS. WHEREAS, an application was made by C33, LLC, for the approval of a vesting tentative tract map to subdivide two parcels into nine individual parcels for the purpose of constructing 244 senior housing units and a commercial retail center on the property located at the northeast corner of Katella Avenue and Enterprise Drive (the "Project "); and WHEREAS, the City Council considered all evidence including that presented by the applicant, City staff, and other interested parties at a duly noticed public hearing on October 26, 2015, held with respect thereto. NOW, THEREFORE, the City Council of the City of Cypress does hereby FIND, DETERMINE, and RESOLVE as follows: a. Pursuant to Section 25 -10(j) of the Cypress Municipal Code and Sections 66474 and 66474.6 of the California Government Code (which are part of the California Subdivision Map Act), the City Council makes the following findings with respect to Vesting Tentative Tract Map No. 17830 (the "VTTM ") for the Project: 1. The proposed map is consistent with applicable general and specific plans. 2. The design and improvement of the proposed subdivision is consistent with applicable general and specific plans. The following discussion applies to both Findings 1 and 2, above. The VTTM and the design and improvement of the proposed subdivision are consistent with the Cypress General Plan (the "General Plan ") and the Amended and Restated Cypress Business & Professional Center Specific Plan (the "Amended Specific Plan "). The land use designation for the project site in the Land Use Element of the General Plan is "Specific Plan ", and the General Plan references and describes the Amended Specific Plan and the various Planning Areas established in the Amended Specific Plan, including Planning Areas 9 and 6, which are the Planning Areas in which the project site is located. The Amended Specific Plan implements the General Plan goals and policies and is in conformance with the General Plan. The Amended Specific Plan, which was approved by the voters of Cypress in 2012 as part of "Measure L ", established Planning Area 9. The senior residential community and commercial retail uses that comprise the Project are permitted or conditionally permitted uses in Planning Area 9. The permitted and conditionally permitted uses in Planning Area 6 include affordable senior housing and a variety of commercial retail uses, including restaurant use, but does not expressly permit market -rate senior housing and some of the Project's commercial retail uses. However, Section VIII.D.2 of the Amended Specific Plan allows the transfer of permitted uses in Planning Area 9 to Planning Area 6. The project applicant has submitted a request for such a transfer and, subject to the final approval of that transfer, the project uses will be fully consistent with the Amended Specific Plan. The Amended Specific Plan also includes specific land use regulations for development within the established Planning Areas, including Planning Areas 9 and 6. Those regulations include development standards, design guidelines and infrastructure and circulation requirements. As discussed in Section 3.3 of the Final Environmental Impact Report (the "Final EIR ") for the Project (Project Characteristics), the Project is consistent with all applicable development standards in the Amended Specific Plan, including density and height requirements. The Amended Specific plan permits senior housing at a maximum density of 20 dwelling units per acre (or approximately 560 units in the approximately 28 -acre senior residential community), while the density of the senior residential community within the Project includes only approximately 8.7 128 dwelling units per acre (244 units). The maximum height of the senior homes is approximately 30 feet, substantially below the maximum height of 55 feet allowed under the Amended Specific Plan. The maximum height of the commercial retail buildings is 40 feet, significantly lower than the maximum height of 99 feet permitted under the Amended Specific Plan. The maximum /average floor area ratio (FAR) for non - residential improvements in Planning Areas 9 and 6 is 0.6:1, while the FAR for the commercial retail improvements included in the Project is 0.22:1. The Project includes 566 parking spaces for the senior residential community, which substantially exceeds the 257 spaces required under the Amended Specific Plan, and 277 parking spaces for the commercial retail improvements, which meets the parking requirement in the Amended Specific Plan. Table 3.A in Section 3.3 of the Final EIR demonstrates the Project's compliance with the applicable development standards in the Amended Specific Plan, including those described above. The Project is consistent with the applicable requirements in the Amended Specific Plan relating to circulation requirements and public utilities, including the sewer system, water system and storm drain concepts, and applicable design guidelines relating to the Project's commercial retail improvements. The Project is consistent with the landmark tree guidelines in the Amended Specific Plan. The existing 1.5 -acre ornamental vegetation area on the project site includes a variety of non - native ornamental trees, which are invasive species and will be removed as part of the Project. Some of these non - native trees are identified as "landmark trees" in Table 4 of the Amended Specific Plan and are located in "Tree Survey Area 1" and "Tree Survey Area 2" as shown on Exhibit 21 in the Amended Specific Plan. Pursuant to Section VII.D.5 of the Amended Specific Plan, the removal of these trees is allowed, subject to (a) their replacement with an equivalent number of specimen trees (48" box or larger) that are incorporated into the landscaping treatment of the project site, in addition to normal tree planting requirements, and (b) otherwise in compliance with the Amended Specific Plan and, with respect to the trees removed in Tree Survey Area 2, the City's Tree Replacement Policy, as outlined in Sections 17 -17 through 17 -27 of the Cypress Municipal Code. The Project is consistent with applicable objectives and policies in the Amended Specific Plan to promote, encourage and facilitate senior housing (Objectives 1.6 (and related Policy 1), 2.2, 2.5, 3.4 and 4.3) and commercial and mixed - commercial uses (Objectives 2.2, 2.5, 3.4 and 4.3) within the Amended Specific Plan area. The Project consists entirely of senior housing and commercial retail uses, including 244 senior homes and approximately 47,876 of neighborhood commercial and retail uses, including restaurants. Therefore, the VTTM is consistent with the General Plan and the Amended Specific Plan and the design and improvement of the proposed subdivision are consistent with the General Plan and the Amended Specific Plan. 3. The site is physically suitable for the proposed type of development. 4. The site is physically suitable for the proposed density of development. The following discussion applies to both Findings 3 and 4, above. The project site is physically suitable for the proposed type and density of development. The project site is located in a highly urbanized area adjacent to Katella Avenue, a major arterial street. The surrounding land uses include Los Alamitos Race Course, the Cottonwood Church campus and a variety of hotel, commercial and retail uses, as well as single - family residential neighborhoods south of Katella Avenue and north of Cerritos Avenue. The project site is relatively flat and is currently unimproved, and there are no topographical peculiarities associated with the physical character of the project site that would prevent the development of the Project or render the project site physically unsuitable for the development of the Project. 129 Geotechnical, air quality, biological resource, greenhouse gas emissions, noise and traffic studies were prepared in connection with the environmental review for the Project. As discussed in the Final EIR, these reports demonstrate that, with the design features, onsite circulation system and infrastructure shown and described therein, including underground stormwater detention and biotreatment systems, the project site is physically suitable for the senior housing and commercial retail uses that comprise the Project and the density /floor area associated with them. In addition, the offsite infrastructure and utilities that serve the project site are adequate to accommodate, or can be readily expanded or modified to accommodate, the Project. As discussed in Section 3.3 of the Final EIR (Project Characteristics), the Project includes substantially less density and lower building heights than permitted under the Amended Specific Plan. The Amended Specific Plan permits senior housing at a maximum density of 20 dwelling units per acre (or approximately 560 units in the approximately 28 -acre senior residential community), while the density of the senior housing component of the Project includes approximately 8.7 dwelling units per acre (244 units), or less than 50% of the maximum allowed density. The maximum height of the senior homes is approximately 30 feet, substantially below the maximum height of 55 feet allowed under the Amended Specific Plan. The maximum height of the commercial retail buildings is 40 feet, significantly lower than the maximum height of 99 feet permitted under the Amended Specific Plan. The maximum /average floor area ratio (FAR) for non - residential improvements in Planning Areas 9 and 6 is 0.6:1, while the FAR for the commercial retail improvements included in the Project is 0.22:1, less than 50% of the allowable FAR. Table 3.A in Section 3.3 of the Final EIR demonstrates the Project's compliance with the applicable development standards in the Amended Specific Plan, including those described above. The density of the senior residential community is similar to the existing single - family neighborhoods north of Cerritos Avenue and south of Katella Avenue. The design, scale, height and massing of the Project's commercial retail buildings along Katella Avenue are consistent with that of other commercial, retail and institutional buildings along Katella Avenue, including the buildings in the nearby Cottonwood Church complex and Residence Inn Hotel. Therefore, the project site is physically suitable for the proposed type and density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project site was previously part of the Cypress Golf Club, which permanently closed in 2004. Following that closure, the golf course was demolished, the site was regraded and all vegetation was removed, except for some ornamental trees and vegetation in an approximately 1.5 -acre area along the southerly and southeasterly boundaries of the project site. As discussed in the Initial Study for the Project and Final EIR, (a) there are no State or federally listed threatened or endangered plants or other special- status plants on the project site and no potential habitat that could support special- status plants, (b) there are no State or federally listed threatened or endangered animals or other special- status animals on the project site and no potential habitat that could support special- status animals, (c) the project site does not include any land designated as critical habitat by the United States Fish and Wildlife Service, (d) the project site does not contain any riparian habitat or other sensitive natural communities, (e) the project site is not located within any local or regional wildlife corridor, (f) the project site does not include any native trees and (g) the project site is devoid of any vegetation that would be attributed to wetlands. The Initial Study and Final EIR also discussed that no bird nests were detected in any of the onsite non - native trees or offsite non - native trees adjacent to the project site. However, to avoid any potential impact on future nests of raptors and other migratory birds if vegetation removal occurs during the avian nesting season or the raptor nesting season, environmental mitigation measures recommended in the Final EIR have been adopted to require pre - grading nesting bird surveys and, if necessary, the establishment of suitable buffer areas. The Initial Study and Final EIR did not identify any significant impact on biological resources with mitigation. Therefore, the design of the subdivision and the proposed improvements would not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The Final EIR did not identify any potential health problem that would result from the design and improvement of the Project. The Project has less -than- significant impacts with respect to air quality, greenhouse gas emissions and water quality. As also discussed in the Final EIR, the construction and operation of the Project will not exceed wastewater treatment requirements. Therefore, the project design and improvements are unlikely to cause serious public health problems. 7. The design of the subdivision and the proposed improvements will not conflict with the easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The project site is not subject to any public easements. Therefore, the Project will not conflict with any easements, acquired by the public at large, for access through or use of, the project site. 8. The discharge of waste from the proposed subdivision into an existing community sewer system would not result in violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code. As discussed in the Final EIR, the construction of the Project will not increase wastewater flows and project operation will generate an average wastewater flow of approximately 107,938 gallons per day. The project site is located within the Orange County Sanitation District (OCSD) service territory and would convey wastewater to OCSD Treatment Plants Nos. 1 and 2. The wastewater generated by the Project during construction and operation will be subject to the treatment requirements established by the Santa Ana RWQCB, and OCSD has determined that it has sufficient capacity to accept wastewater from the Project and properly handle it without exceeding the treatment requirements of the Santa Ana RWQCB. In addition, the Project includes onsite storm drain /detention and biotreatment systems with respect to stormwater flow. As to the project construction, as specified in Regulatory Compliance Measure WQ -1 in the Final EIR, the Project must comply with (a) the waste discharge requirements in the General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, as amended, adopted by the California Water Resources Control Board (including preparation and implementation of a Stormwater Pollution Prevention Plan that identifies appropriate construction BMPs as part of the project design) and (b) the waste discharge requirements in the General Waste Discharge Requirements for Discharges to Surface Waters that Pose an Insignificant (De Minimus) Threat to Water Quality, as amended, adopted by the Santa Ana RWQCB. With respect to project operations, prior to discharging into the onsite detention system, low -flow and first -flush runoff from project operations will be diverted to Modular Wetland Units for filtration and biotreatment. Treated runoff from the units will then discharge back into the internal storm drain lines and into the detention system, which will discharge via gravity to the existing storm drain line located within Katella Avenue at a controlled rate, in accordance with the City's standards. As set forth in Regulatory Compliance Measure WQ -3 in the Final EIR, this biotreatment BMP will be included in the final Water Quality Management Plan for the Project. In addition, as set forth in Regulatory Compliance Measure WQ -4 in the Final EIR, prior to the issuance of the first grading permit for the Project, the project applicant must demonstrate adherence to the operational requirements outlined in the Drainage Area Management Plan and Local Implementation Plan under the Municipal NPDES Permit (MS4 Permit) for the North Orange County Region. Therefore, the discharge of waste from the Project into an existing community sewer system or storm drain system would not result in a violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to initial Division 7 of the California Water Code. 9. Compliance with Subdivision Requirements. The VTTM complies with all applicable requirements of the California Subdivision Map Act and the Cypress Subdivision Ordinance, as discussed in detail in the prior findings above. b. Accordingly, none of the findings set forth in Sections 66474 and 66474.6 of the California Government Code that would preclude approval of Vesting Tentative Tract Map No. 17830 can be made. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Vesting Tentative Tract Map No. 17830 for the Project, subject to the applicable conditions attached hereto as Exhibit "A ". PASSED AND ADOPTED by the City Coun of the Cit of Cypress, at a regular meeting held on the 26th day of October, 2015. ATTEST: CITY CLERK OF THE CITY OF CYPRESS 131 MAYOR HE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DENISE BASHAM, 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 October, 2015, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Berry, Morales, Peat, Yarc and Johnson NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None /0er/v,ae- -ta,,t(Y) CITY CLERK OF THE CITY OF CYPRESS