Resolution No. 439658
RESOLUTION NO. 4396
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING THE
MITIGATED NEGATIVE DECLARATION FOR THE AMENDED MCDONNELL CENTER
SPECIFIC PLAN NO. 82 -1.
WHEREAS, The McDonnell Douglas Realty Company has requested approval of the Amended
McDonnell Center Specific Plan which will permit an additional 206,130 square feet to the existing
approved 1,554,100 square feet for a buildout of 1,760,230 square feet. The subject 71.23 gross acre
McDonnell Center Business Park is located at the northwest corner of Valley View Street and Katella
Avenue; and
WHEREAS, An Expanded Initial Study was conducted according to the requirements of the
California Environmental Quality Act; and
WHEREAS, the proposed Amended Specific Plan was considered and identified in the Cypress
1993 General Plan Update Environmental Impact Report; and
WHEREAS, a Draft Mitigated Negative Declaration was prepared and a Notice of Intent was
published for a thirty (30) day public review period from September 8 through October 8, 1994; and
WHEREAS, the City Council of the City of Cypress conducted a public hearing on October 11,
1994 and reviewed the proposed Mitigated Negative Declaration for Amended McDonnell Center Specific
Plan No. 82 -1; and
WHEREAS, the City Council of the City of Cypress has reviewed the Mitigated Negative
Declaration, including any comments presented during the thirty (30) day public review period and at the
public hearing held on October 11, 1994.
NOW, THEREFORE, the City Council of the City of Cypress does hereby resolve as follows:
Section 1: An Expanded Initial Study and Mitigated Negative Declaration have been prepared
for the Amended Specific Plan. The City Council finds and determines, that while the Amended Specific
Plan may have a significant effect on the environment, all such potential environmental impacts will be
mitigated to a level of insignificance with implementation of the recommended list of mitigation measures,
in Exhibit "A ", attached.
Section 2: Pursuant to legal requirements for posting and conducting a public hearing on the
Amended Specific Plan and Mitigated Negative Declaration the City Council has considered all comments
received thereon, including the recommendations from the Orange County Airport Land Use Commission,
and has incorporated those recommendations into the Final Mitigated Negative Declaration.
Section 3: The proposed Amended Specific Plan is consistent with the Cypress General Plan
Land Use designation of Business Park, and all goals, policies and programs within the Land Use,
Circulation, Growth Management, Air Quality and Noise Elements.
Section 4: The proposed Amended Specific Plan is consistent with the major regional plans,
including the Air Quality Management Plan, the Congestion Management Plan, Growth Management Plan
and the Orange County Airport Environs Land Use Plan.
Section 5: The City Council finds that increased traffic, access points, turning movements and
traffic controls will increase traffic hazards to bicyclists and pedestrians along Walker Street and Katella
Avenue. Both streets are within the City's Bike Path Plan. In addition, increased traffic within the
proposed Specific Plan and surrounding area will increase traffic hazards. Consequently, the required
dedication of right -of -way and the installation of improvements described in pages 29 -30 of the Expanded
Initial Study are proportional in both nature and extent to the above - described project impacts and will
serve to mitigate the said negative traffic hazards.
Section 6: The City Council hereby adopts the Mitigated Negative Declaration for the Amended
McDonnell Center Specific Plan No. 82 -1 as identified in Exhibit "A" attached.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held
on 11th day of October , 1994.
ATTEST:
CIT
LERK O THE CITE OF CYPRESS
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
MAYOR OF THE CITY OF CYPRESS
I, Darrell Essex, City Manager 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 October , 1994, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTENTION:
4 COUNCIL MEMBERS: Age, Bowman, Nicholson and Partin
0
0 COUNCIL MEMBERS: None
1 COUNCIL MEMBERS: Kerry
COUNCIL MEMBERS: None
CI Y CLERK OF THE CIT Y OF CYPRESS
59
60
Exhibit "A"
CITY OF CYPRESS
5275 Orange Avenue
Cypress, California 90630
MITIGATED NEGATIVE DECLARATION
In accordance with the requirements of Resolution No. 3966 of the City of Cypress regarding the
adoption of objectives, criteria and procedures implementing the California Environmental Quality Act
as amended, the Community Development Director of the City of Cypress, acting as the Responsible
Official, has prepared the following Mitigated Negative Declaration:
1. Nature and Description of Project
Amended McDonnell Specific Plan (SP 82 -1). A proposal by McDonnell Douglas Realty
Company to amend the existing McDonnell Center Specific Plan for the McDonnell Center
Business Park, located on a 71.23 gross acre site at the northwest corner of Valley View Street
and Katella Avenue, in the PC -3 Planned Community Business Park Zone. The project allows
for the addition of 206,130 Sq. Ft. of development to the existing approved maximum of
1,554,100 Sq. Ft. for a buildout total of 1,760,230 Sq.Ft.
2. Findings
This project will not have a significant effect on the environment since:
A. An Expanded Initial Study was prepared for the project and concluded, that while the
project could have a significant affect on the environment, all potential impacts will be
mitigated to a level of insignificance with implementation of the recommended list of
mitigation measures, included as Attachment A.
B. The proposed project is consistent with the Cypress General Plan Land Use designation
of Business Park, and all goals, policies and programs within the Land Use, Circulation,
Growth Management, Air Quality and Noise Elements.
C. The proposed project is consistent with the major regional plans, including the Air
Quality Management Plan, Congestion Management Plan, Growth Management Plan and
the Orange County Airport Environs Land Use Plan.
Respectfully submitted,
Christine Eynon
Planning Director
CE /nh
DATED: August 23, 1994
PL -44
Rev. 5/91
61
Exhibit "A -1"
INVENTORY OF MITIGATION MEASURES
SPECIFIC PLAN AMENDMENT
(August 1994)
(Amended October 1994)
1. The applicant shall design all buildings as designated by the city's latest adopted edition
of the Uniform Building Code. The Building Division shall determine compliance.
2. The applicant shall submit a soils engineering and geologic study to the Engineering
Division for approval prior to submittal of formal site development plans for each area
onsite. Said study shall accurately assess the potential for high groundwater and
liquefaction on the property and identify appropriate corrective measures, such as over
excavation and recompaction and/or structure reinforcement and determine specific
foundation/engineering parameters for each proposed project.
3. All building piles or sub - structures which would be exposed to perched water onsite shall
be protected from water damage. The Building Division shall specify conditions prior to
issuance of building permits.
4. Each applicant shall install storm drains, consistent with the specific plan, which provide
adequate capacity for each area of the project and adjacent street systems. These systems
shall be planned in accordance with city master plans and designed and constructed as
required by the Engineering Division during development. Reimbursable agreements, if
any, shall be established with the Engineering Division.
5. At the time of site plan approval for individual projects, the Planning Department shall
analyze potential air quality impacts in accordance with AQMD's CEQA Guidelines
Handbook.
6. Construction of the project shall comply with SCAQMD Rule 403. The applicant shall
also obtain approval of a dust control plan from the Building Division prior to issuance
of each grading or building permit. Dust - reducing measures shall include regular watering
of graded surfaces, restriction of all construction vehicles and equipment to travel along
established and regularly watered roadways, and suspending operations that create dust
during windy conditions (winds greater than 25 mph). Compliance shall be a condition
of each grading permit issued for the site.
7. All employers shall comply with the current version of SCAQMD's Regulation XV, and
devise ridesharing plans to reduce vehicle miles traveled. It is the responsibility of the
individual employers to develop specific programs, as well as comply with City Ordinance
818. The Engineering Division shall review compliance with Ordinance 818.
62
Exhibit "A -2"
8. The applicant shall comply with the Subdivision Map Act, Building Energy Efficiency
Standards (California Energy Commission, 1988), and state and local laws for energy
conservation. Compliance shall be determined by the Building Division during building
plan review.
9. Each applicant, his designee or each employer shall comply with all current regulations
adopted by the city (as specified in the regulation) to minimize air quality emissions, as
described in the mitigation measures for the 1993 General Plan Update, including:
Measure 1 a - Person Work Reduction
Measure 1 b - Non - Motorized Transportation
Measure 2a - Employer Rideshare and Transit Incentives
Measure 2b - Parking Management
Measure 2d - Merchant Transportation Incentives
Measure 2e - Auto Use Restrictions
Measure 3a - Truck Dispatching Rescheduling
Measure 4 - Traffic Flow Improvements
Measure 12a - Paved Roads
Measure 12b - Unpaved Roads and Parking Lots
The Engineering Division shall specify requirements and ensure compliance.
10. The project shall comply with thermal regulations for the commercial and industrial
sector, as specified in CM #90E -CIA, 2B and CM #90E -C -2, as described in the General
Plan. The Engineering Division shall enforce compliance.
11. Drainage system design and connection to county flood control channels shall be subject
to approval of the Orange County Flood Control District. Activities within OCFCD right -
of -way or affected OCFCD facilities require permits from EMA.
12. Prior to the issuance of building permits, the applicant shall pay the local drainage area
acreage assessment currently in effect per city ordinance to the Engineering Division.
13. Local drainage system improvements shall be designed and constructed to city standards
and approved by the Engineering Division. Facilities shall be dedicated to the city at the
completion of construction to extent required by the city.
14. The applicant shall submit and receive approvals for an erosion control plan from the
Engineering Division prior to issuance of grading permits.
2
Exhibit "A -3"
15. The applicant and all property owners within the McDonnell Center Business Park shall
be aware of and be ready to conform to the City of Cypress' most recent emergency
evacuation plan.
16. Development within 100 -year flood zone areas shall be subject to all applicable
construction and floodproofing requirements of the city, Orange County Flood Control
District and state and federal regulations. The applicant shall submit all drainage plans
to OCFCD for review and comment regarding impacts on regional flood control facilities.
The Engineering Division shall approve all plan prior to issuance of grading permits.
17. The applicant shall obtain approvals from the Planning and Public Works departments for
all landscaping plans prior to issuance of building permits. The plans shall comply with
the landscaping concept of the specific plan and all city regulations.
18. Construction activities shall be limited to the hours of 7 a.m. to 8 p.m., Monday through
Saturday, excluding holidays. The Building Division shall enforce compliance.
19. Prior to issuance of building permits, the applicant shall submit evidence, to the
satisfaction of the Building Division, that all project land uses will meet applicable
exterior and interior noise standards, including the city's Comprehensive Noise Ordinance.
The applicant may be required to prepare an acoustical study acceptable to the Building
Division which identifies mitigation measures necessary to achieve acceptable exterior and
interior noise levels onsite.
20. Construction equipment used onsite shall have noise - reducing devices. The applicant or
his designee shall monitor compliance.
21. The child care center shall be attenuated to city interior noise standards and to city
exterior noise policies for outdoor play areas. The outdoor play area shall be located on
the eastside of the building to take advantage of the attenuation provided by buildings
along Katella Avenue. The site must be consistent with the Airport Environs Land Use
Plan. As part of the Conditional Use Permit application process, the applicant shall
submit an acoustical study acceptable to the Building Division and the Airport Land Use
Commission of Orange County.
22. The applicant shall provide adequate lighting, to be determined during each site
development final plan preparation, for all automobile parking areas, trucking and loading
areas, and all pedestrian and vehicle access points. All lighting, interior and exterior, shall
be designed and located to minimize power consumption and to confine direct
illumination to the premises to avoid light and glare impacts. The Building Division shall
approval all plans.
3
64
Exhibit "A -4"
23. Each site development plan shall comply with guidelines contained in the specific plan
for land use, architectural design, signage and landscape /streetscape design. The Building
Division shall approve all plans.
24. At least 30 days prior to the issuance of building permits for any structure penetrating the
100:1 imaginary surface, the applicant shall submit FAA Form 7460 -1, "Notice of
Proposed Construction or Alteration" to the Chief, Air Traffic Division of the appropriate
FAA regional office. The applicant shall comply with all appropriate FAA standards and
requirements. The findings of the FAA will be transmitted to the Building Division with
building permit applications.
25. Any hazardous waste that is generated onsite shall be transported to an appropriate
disposal facility by a licensed hauler in accordance with the appropriate state and federal
laws. The Building Division shall monitor compliance.
26. Any business which uses, handles, stores or disposes of hazardous materials shall obtain
all appropriate permits and comply with all regulations administered by the California
Department of Health Services. Storage of hazardous materials shall be conducted in
accordance with the City of Cypress Hazardous Materials Disclosure Ordinance.
Compliance shall be determined by the city when a city business tax license, if required,
or a certificate of occupancy is obtained.
27. Industries which store hazardous materials in underground tanks shall obtain permits and
comply with standards set forth by the State Regional Water Quality Control Board. No
development of underground tanks is permitted within 50 feet of the pipeline along the
northerly specific plan boundary. Compliance shall be determined by the city when a city
business tax license or a certificate of occupancy is obtained.
28. The Amended McDonnell Center Specific Plan will be subject to the Citywide Traffic
Impact Fee and a planned regional related fee (or potential mitigation if a fee is not
adopted). The traffic fees previously collected from the Business park will be utilized to
provide traffic improvements specific to the Business Park area.
29. A Congestion Management Plan (CMP) Traffic Impact Analysis (TIA) shall be completed
for individual development when it is estimated that such projects exceed the threshold
(2,400 daily trip ends or 1,600 daily trip ends if there is direct access to the CMP
Highway System). The analyses will be in conformance with the City of Cypress adopted
procedures.
30. The entitlements within the Amended McDonnell Center Specific Plan area will be subject
to review once the cumulative trip generations (no TDM reduction) of new developments
reach 100 percent of the assumed trip generation totals used in the Citywide Fee analyses
Exhibit "A -5"
(with the 35% TDM reduction). Essentially 65% (up to a .50 FAR) of the assumed
development is allowed to occur, then prior utilization of the "TDM related credits ",
added documentation is required. At that point, the developers will need to provide
documentation satisfactory to the City, which shows compliance with the Citywide Fee
analyses assumptions or updated environmental studies.
31. Prior to issuance of building permits, the applicant or designee shall obtain approvals from
the Design Review Committee for a parking plan for each submittal, including any
requests for joint parking or temporary offsite parking.
32. Building height limitations shall conform to Federal Aviation Regulations (FAR) Part 77
for the Los Alamitos Armed Forces Reserve Center. The applicant shall provide evidence
of compliance with FAA regulations to the Planning Department.
33. The applicant shall dedicate and construct bike paths, in accordance with the city's bike
path plan along Katella Avenue and Walker Street. The Engineering Division shall
approve all plans and insure compliance.
34. The parkway, including sidewalk along the north side of Katella Avenue, shall be 10 feet
and if additional right -of -way is required it shall be dedicated to the city and a reduction
in the required setback will be made corresponding to the additional area dedicated. The
Engineering Division shall enforce compliance.
35. The parkway, including sidewalk along the east side of Walker Street, shall be 10 feet and
if additional right -of -way is required it shall be dedicated to the city and a reduction in
the required setback will be made corresponding to the additional area dedicated. The
Engineering Division shall enforce compliance.
36. The applicant shall dedicate and construct bus pad(s) required at each transit stop by
Orange County Transit Agency. Designs shall be submitted for Engineering Division
approval during site engineering for each development area.
37. The applicant shall dedicate and construct a paved passenger waiting area complete with
a bus shelter and bench at each turnout. Bus shelters shall be provided by the city in
accordance with its bus shelter franchise. Designs shall be submitted for Engineering
Division approval during site engineering for each development area.
38. The applicant shall construct a paved and lighted handicapped- accessible pedestrian
accessway between each stop and the project buildings, as specified by the Engineering
Division.
5
66
Exhibit "A -6"
39. Prior to issuance of any building permits, evidence that adequate fire flow requirements
and fire access for fire equipment are available shall be submitted to and approved by the
County of Orange Fire Department. Fire hydrants and automatic fire extinguishing
systems shall be operational prior to the issuance of certificates of use and occupancy.
40. Prior to the issuance of the first building permit for development under the Amended
Specific Plan, the applicant shall enter into an agreement with the City to ensure that
when development exceeds the threshold of 1,554,100 square feet, all projects beyond that
threshold will contribute toward the cost of one sworn police officer.
41. Pursuant to AB 2926, school districts may assess developers of commercial developments
to mitigate impacts on school facilities. Prior to issuance of each building permit, the
developer shall pay fees, in accordance with the law, to the appropriate school districts
and provide evidence of payment to the Building Division.
42. The Planning Department shall forward a copy of the adopted Amended Specific Plan to
the local school districts to enable the districts to assess the adequacy of their school
facility plans.
43. Prior to issuance of building permits for offices in Area 5 and Area 6, the applicant or
his designee shall establish additional recreational facilities onsite (eg. health club, fitness
center, tennis courts or racquetball courts etc.) for employees. The city shall approve all
plans and facilities. In lieu of providing additional recreational facilities onsite, the
applicant or his designee shall fund city adult parks /recreation programs, in an amount
specified by the Planning Department, which shall be paid prior to issuance of building
permits for Area 6.
44. The applicant shall provide easements onsite for all natural gas mains not installed in a
public right -of -way. The Engineering Division shall monitor compliance.
45. The applicant shall place all existing and new electrical facilities on or adjacent to the site
underground as determined by the Engineering Division per city ordinance and Public
Utilities Commission regulations. Undergrounding shall be performed concurrently with
development. The Engineering Division shall monitor compliance.
46. The project shall comply with future regulations included in the city's Energy Conserva-
tion/Solar Energy Program. The Building Division shall enforce compliance.
47. The applicant shall place all existing and new telephone lines underground as determined
by the Engineering Division per city ordinance and the Public Utilities Commission
regulations. Undergrounding shall be performed concurrently with development of each
development area or as specified by the Engineering Division.
6
Exhibit "A -7"
48. The applicant shall pay Southern California Water Company special facility fees for
industrial and commercial development prior to issuance of building permits and provide
evidence of payment to the Building Division.
49. The applicant shall obtain approval for all water facilities from the Engineering Division
and the Southern California Water Company prior to issuance of building permits. All
facilities shall comply with the Southern California Water Company master plans. Water
mains shall be dedicated to the water company after construction and acceptance.
50. The applicant shall comply with all state laws for water conservation measures and use
of reclaimed water. Voluntary water conservation strategies shall be encouraged. The
Building Division shall determine compliance prior to issuance of building permits.
51. The applicant shall comply with requirements of the NPDES general permit for
stormwater discharges associated with construction activities, to be issued by the State
Water Resources Control Board. The permit will require submission of a Notice of Intent
(NOI) for each construction activity.
52. The applicant shall submit advance notice to the local disposal service one month prior
to the projected occupancy date of each building. Copies of the notice shall also be filed
with the Engineering Division.
53. The applicant and each building occupant shall, as a condition of use, comply with the
city's Source Reduction and Recycling Element. The Waste Recycling Manager shall
enforce compliance.
54. All new construction shall be sound attenuated against the combined input of all present
and projected exterior noise to meet the criteria contained in Section 3.2.2. (pages 19 and
20) of the Airport Environs Land Use Plan.
55. All new tenants of the McDonnell Center Business Park shall receive full disclosure from
the property owner /developer of potential noise impacts due to the project's location
within the 60 and 65 CNEL noise contours of the Armed Forces Reserve Center, Los
Alamitos.
56. Day care facilities involving the use of exterior spaces shall be prohibited within the 65
CNEL noise contour line.
7