Resolution No. 6544RESOLUTION NO. 6544
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
CONDITIONALLY DENYING (VESTING) TENTATIVE TRACT MAP NO. 17917,
WITHOUT PREJUDICE, WITH AUTHORIZATION FOR THE APPLICANT
TO RETURN TO THE CITY COUNCIL WITHIN 120 DAYS WITH A
REVISED PROJECT ADDRESSING PUBLIC HEALTH,
SAFETY, AND WELFARE CONCERNS
WHEREAS, an application was filed for a tentative tract map to allow the combining of two
existing parcels to create a one -lot subdivision for condominium purposes on the properties
located at 5300 and 5400 Orange Avenue, within the OP /CC Office Professional Civic Center
Overlay Combining Zone, in the City of Cypress, and
WHEREAS, the applicant also filed for an application for a conditional use permit in
accordance with the provisions of Section 4.19.070 of the Zoning Ordinance of the City of Cypress
to allow the construction of 66 two and three -story residential condominium units on the property
located at 5300 and 5400 Orange Avenue within the OP /CC Office Professional Civic Center
Overlay Combining Zone; and
WHEREAS, the City Council of the City of Cypress considered evidence presented by the
applicant, City staff, and other interested parties at a public hearing held on January 11, 2016,
with respect thereto; and
WHEREAS, the Permit Streamlining Act requires the city to take action on the application
for a tentative tract map within a certain period of time or the project may be deemed approved;
WHEREAS, the City Council of the City of Cypress was unable to approve the concurrent
application for conditional use permit for the project as proposed, and denied the application for
conditional use permit, without prejudice, but conditionally did so in a manner to allow the
applicant to return to the City Council within 120 days with a revised project that would address
design, neighborhood compatibility, and other public health, safety, and welfare concerns; and
WHEREAS, the use contemplated as part of the tentative tract map would require a
conditional use permit, which was denied as noted above; and
WHEREAS, the City Council of the City of Cypress desires to also conditionally deny the
application for Tentative Tract Map No. 17917 as currently proposed, without prejudice, but to
conditionally do so in a manner that will allow the applicant to present a revised project addressing
the design, neighborhood compatibility, integration and other issues for reconsideration for
approval by the City Council within 120 days.
NOW, THEREFORE, the CITY COUNCIL of the CITY of CYPRESS, CALIFORNIA, does
hereby FIND, RESOLVE, DETERMINE, and ORDER, based upon substantial evidence taken
from the administrative record and at the public hearing, AS FOLLOWS:
1. As proposed, the application for tentative tract map does not comply with either the
provisions of Cypress Municipal Code section 25 -10(j) or Government Code section 66474
required for approval. Specifically:
a. Without a valid conditional use permit the subject site cannot be improved in
conformance with the proposed zoning and all applicable ordinances in effect at the
time this map is recorded with the County of Orange. No conditional use permit
approval has been obtained by the applicant, and proposed development of the site
under the vesting tentative tract map is thereby inconsistent with the zoning
ordinance of the City of Cypress. (See Government Code § 66498.3.) Denial is
appropriate on this ground.
b. As a separate and independent ground for denial, the proposed map, along with its
design and improvement as proposed, is not consistent with the objectives, policies,
general land uses, and programs specified in the General Plan of the City of
Cypress, including:
i. "The goals and polices are designed to encourage ...Compatible and
Complementary Development ... [and] High Quality Urban Design...." (General
Plan, p. LU -32.)
ii. "Ensure that new development is compatible with surrounding land uses...
(General Plan Goal LU -2.)
iii. "Where residential /commercial mixed use is permitted, ensure compatible
integration of adjacent uses to minimize conflicts." (General Plan Policy LU-
2.2.)
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iv. "Mitigate ... unacceptable levels of noise ... which affect residential areas and
sensitive receptors, where feasible." (General Plan Policy LU -2.4.)
v. "Improve urban design in Cypress to ensure that development is both
architecturally and functionally compatible and to create identifiable
neighborhoods, commercial, and business park districts." (General Plan Goal
LU -4.)
vi. "Encourage development projects to utilize high quality design for architecture
and site planning through the city's design review process." (General Plan
Policy LU -4:2.)
vii. "Preserve Cypress' low density residential neighborhoods through enforcement
of land use and property development standards to create a harmonious
blending of buildings and landscape." (General Plan Policy LU -4:4.)
viii. "Improve the quality of Cypress' multi - family neighborhoods through a)
improved buffers between multi- family residences, and commercial and
business park uses; b) provision of usable private and common open space in
multi - family projects; c) increased code enforcement; and d) improved site,
building and landscape design." (General Plan Policy LU -4 :5.)
ix. "Promote visually pleasing landscaped corridors and a sense of spaciousness
throughout the community." (General Plan Policy COSR -8:2.)
x. "Encourage the development of aesthetic streetscapes to promote a positive
city image and provide visual relief." (General Plan Policy CIR -1:6.)
xi. "Enhance the sidewalk environment to encourage pedestrian activities through
streetscape and transit enhancement programs." (General Plan Policy CIR-
2.8.)
xii. "Incorporate noise considerations into land use planning decisions." (General
Plan Policy N -2.)
xiii. "Require noise- reduction techniques in site planning, architectural design, and
construction where noise reduction is necessary." (General Plan Policy N -2:4.)
xiv. "Discourage and, if necessary, prohibit the exposure of noise- sensitive land
uses to noisy environments." (General Plan Policy N -2:5.)
xv. "Where possible, resolving existing and potential conflicts between various
noise sources and other human activities." (General Plan Policy N -5:3.)
In this regarding, the proposed map, along with its design and improvements, is not
consistent with the General Plan on grounds including:
i. Height of Structures and Towering Effect: The three -story height of the
proposed 66 unit condominium project exceeds, the height of the adjacent
residential units located along the Orange Avenue corridor, which extends from
Bloomfield Street to Valley View Street. No three -story residential
developments exist along the Orange Avenue corridor. Additionally, the three -
story portions of the buildings exceed the heights of the adjacent commercial
and residential buildings, as well as the height of the existing commercial
structures proposed to be demolished. The proposed structures are
significantly more massive and of a larger scale than adjoining dwellings. Each
of these would impair the view of the neighboring property owners, and would
have a towering effect on all sides of the proposed site including the Orange
Avenue corridor.
ii. Character of the Area: The project as proposed would prove detrimental to the
character of the uses or structures already established in the area. New three -
story structures located close to existing single - family residences with only one
or two- stories, as well as displacement of commercial uses along the existing
commercial corridor and lack of yard /open space for the residential project, will
change the character of the area.
iii. Noise: Noise considerations in a city's review of a project are distinct from
considerations governing CEQA review of a project's noise impacts. Here, the
proposed project does not adequately address increased noise impacts on
adjacent properties caused by the change in use from commercial office to
residential use. For example, commercial office space is primarily utilized
during business hours, while residences experience peak usage before /after
business hours. As a result, the project's proposal to remove existing
commercial office uses and replace them with higher- density residential uses
will result in more noise generated before /after business hours — during the
time the existing residences are most likely to be using their backyards or
otherwise occupying their residences. Additionally, the placement of the
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parking lot next to the existing residential uses will result in increased vehicular
traffic and associated foot traffic to and from vehicles during non - business
hours, resulting in additional noise impacts. Reduction in height of the
proposed structures, or additional setback from the existing residences, would
help address this issue.
iv. Inharmonious and Incompatible: The proposed height, massing, character,
traffic, etc., of the proposed 66 unit project is inharmonious and incompatible
with the surrounding area, including both residential and commercial uses, as
well as the view along the Orange Avenue corridor, which extends from
Bloomfield Street to Valley View Street.
c. As a separate and independent ground for denial, the design or improvement of
the proposed subdivision is not consistent with applicable general and specific
plans, including each of the General Plan requirements and reasons set forth in
Section 1(b) and incorporated herein.
2. As a separate and additional ground that would warrant denial of the project, the
City Council finds the project would not qualify for a Class 32 [Infill Development Projects]
Categorical Exemption set forth in California Environmental Quality Act Guidelines section 15332.
Specifically, the project would not be consistent with the applicable general plan polices as set
forth in Section 1.
3. For the forgoing reasons, and each of them, conditional denial of Tentative Tract
Map No. 17917 would substantially advance the city's legitimate governmental interest to
protect the public health, safety, or welfare.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Cypress DOES
HEREBY CONDITIONALLY DENY Tentative Tract Map No. 17917, without prejudice, subject to
the following condition:
1. If the Applicant wishes the City Council to reconsider its conditional denial, the
applicant shall submit a revised project to the Director of the Community Development for the
project within 120 days of the conditional denial, and the Director shall have the matter set for
hearing before the City Council for consideration of approval. The revised project should be more
compatible with the neighborhood, including addressing massing and building height issues to
reduce a towering effect, the impairment of views, noise impacts on adjacent uses, and the
other issues articulated in the findings to this Resolution. Potential approaches could include
reduction of proposed building design to Tess than three - stories and /or adjustments to setbacks
as appropriate. No additional fee shall be charged to the Applicant for the revised project, the
revised application shall be considered to be part of the original application for Conditional Use
Permit No. 3034 in all regards, and if timely submitted the Applicant will be entitled to have the
City Council reconsider its conditional denial and review the revised project for approval.
Any challenge to this Resolution, and the findings set forth therein, must be filed within the
90 day statute of limitations set forth in Code of Civil Procedure 1094.6.
PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular
meeting held on the 11th day of January, 2016.
ATTEST:
� G L. (& t Cet t
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR
OF THE CITY CYPRESS
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
11th day of January, 2016, by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Berry, Johnson and Yarc
NOES: 2 COUNCIL MEMBERS: Peat and Morales
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS