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Resolution No. 2774479 RESOLUTION NO. 2774 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 84 -9 - WITH CONDITIONS. THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES, DETERMINES, AND 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 permit construction of the national corporate facili- ties for Mitsubishi Electric Sales of America, Inc., located on the north side of Plaza Drive between Walker Street and Valley View Street. 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: To provide for the classification and development of parcels of land as coordinated, comprehensive projects so as to take advantage of the superior environment which can result from large -scale community planning. To allow diversification of land uses as they relate to each other in a physical and environmental arrangement, while insuring substantial compliance with the provisions of this Ordinance. To provide for a zone encompassing various types of land uses, such as single - family residential developments, multiple housing developments, professional and adminis- trative office areas, commercial centers, industrial parks or any public or semi - public use or combination of uses through the adoption of a Development Plan and text materials which set forth land use relationships and development standards. 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: (1) This project should not create a substantially adverse physical change within the affected area, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. (2) The proposed land use is consistent with the McDonnell Center - Cypress Specific Plan No. 82 -1 adopted April 26, 1984. (3) Public services and utilities in the area are adequate to handle the facility. (4) The noise generated by this project will not exceed the Noise Control standards as identified in Section 13 -64 thru 13 -78 of the City Municipal Code. The traffic and other potential impacts have been addressed and mitigated in the Environmental Impact Report adopted for the McDonnell Center - Cypress on April 26, 1984. (5) c. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance except for approved variances or adjustments. LSD 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 9th day of April 1984. AYOR OF THE CITY OF CYPRESS ATTEST: CITY CL RK OF H- CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 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 9th day of April 1984, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Coronado, Kanel, Lacayo, Mullen and Partin NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None T E CITY CLERK 0 IT OF CYPRESS EXHIBIT "A" AMENDMENT TO SPECIFIC PLAN NO. 82 -1 AND CONDITIONAL USE PERMIT NO. 84 -9 1. The developer shall conform to all applicable provisions of the City Code. All requirements of the State Subdivision Map Act and the City's Subdi- vision Ordinance shall be satisfied. 2. In the event Parcel 3 or Parcel 4 of Tentative Map No. 84 -1113 is sold, then reciprocal easements and agreements. -for maintenance governing joint use of driveway and parking aisle shall be approved by the City and recorded. 3. Prior to issuance of any permits in regard to Parcel Map No. 84 -1113, all conditions of Parcel Map No. 83 -1137 shall be completed. This includes all median island construction and street light installations on Valley View Street. 4. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan, in ink on mylar, signed by a registered engineer and using actual grades from an Orange County surveyor's benchmark shall be sub- mitted for approval. In parking area, AC shall have a minimum slope gradient of two percent (2%), and concrete shall have a minimum slope gradient of two- tenths percent (.2%). 5. A retaining wall per City standards shall be constructed at the property line where the grade difference is greater than twelve inches (12 "). A six -inch (6 ") concrete curb per City standards shall be constructed at a minimum distance of three feet (3') from the base of all block walls and structures exposed to vehicular traffic. 6. The existing main line sewer crossing Parcel 3 shall be plugged and abandoned per City standards just north of the connection to the build- ing sewer. The Arlan property to the north of this development shall be served by a future sewer per the existing agreement between Arland Land Company and McDonnell Douglas. 7. A landscape and irrigation plan shall be submitted for approval by the City Planning Department and a bond posted by the applicant to guarantee against any defects in plant materials and workmanship. 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 concen- tration of nitrogen, phosphorus, potassium, pH, salinity, sodium status, and boron saturation extract. 8. Landscaping and irrigation of street parkways shall be incorporated into the onsite landscape design, and shall be installed and maintained by the developer. A 2x6 -inch redwood header shall be installed along landscaping planters abutting the property line. Wheelchair and handicap access facilities shall be installed onsite and offsite in accordance with State of California and City of Cypress Building Department standards. - 2 9. 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. Commercial or industrial developments which adjoin resi- dentially zoned areas shall construct noise bafflers and /or deflectors on all mechanical equipment mounted outdoors, to the satisfaction of the City staff. 10. Final exterior elevations, construction materials and color schemes for Phases 1 and [I shall be reviewed and approved by City staff prior to issuance of any building permits. 11. 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 occupancy. 12. 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. 13. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 14. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only." 15. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 16 All conditions of the Orange County Fire Marshal's Office shall be satis- fied prior to occupancy of the respective buildings. Prior to recordation of a final map, water improvement plans shall be approved by the Fire Marshal for fire protection and financial security posted for the instal- lation. The adequacy and reliability of water system design, location of valves, and distribution of fire hydrants will be evaluated in accordance with Insurance Service Office suggested standards contained in the "Grading Schedule for Municipal Fire Protection." Prior to the completion of an application for building permits for combustible construction, evidence that a water supply for fire protection is available shall be submitted to the County Fire Marshal. 17. The extension of Plaza Drive to Walker Street shall be dedicated and fully improved with curb, gutter, driveway, paving, utilities, etc., in accordance with the Master Plan of Streets and Highways. Plaza Drive shall have a total right -of -way width of eighty -four feet (84'). Curb returns at the intersection of Plaza Drive and Walker Street shall have a radius of thirty -five feet (35'). All corner cutoffs shall be dedicated to the City of Cypress for roadway purposes. 4 &3 - 3 18. 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 an applicable T.I. (Traffic Index) of 7.5. The minimum flowline grade in streets shall be 0.20%. All existing public improvements at the development site which are damaged, cracked, or otherwise below standard, shall be removed and replaced to the satisfaction of the City Engineer. The developer's obligation is limited to those existing public improvements that are a detriment, hazard or liability to the developer or the City. 19. The quantity, location, width, and the type of driveway shall be subject to the approval of the City Engineer. An effective sight distance for vehicular traffic shall be maintained at the intersection of the driveway entrances with Plaza Drive. No landscaping in excess of three feet (3') high will be allowed in the area of the curb returns. Adequate sight distance also shall be maintained within the development at all driveway intersections to the satisfaction of the City Engineer. 20 On Valley View Street, median island landscaping and irrigation shall be constructed between the railroad and Katella Avenue. A soils report by a 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 saturation extract and recommendations. Plans and soils report shall be submitted to City Engineer for plan check and approval prior to construction. The landscape design shall include a one and one -half foot (1 -1/2') wide continuous Bomanite strip back of curb, and maximum twelve -inch (12 ") high mounded landscaping. Median nose projections shall be Bomanite only. 21 All secondary and primary utility services shall be underground. The street in front of this development shall be resurfaced with one inch (1 ") minimum thickness asphalt concrete cap from curb to curb if it is neces- sary to open cut the street in more than one place. Any open cut shall be backfilled per City of Cypress Standard No. 110. 22. Developer shall conform to all conditions imposed by the Traffic Commission. 23 The north side of Katella Avenue between Valley View and McDonnell Drive shall be improved with a meandering, bermed, eight -foot (8') wide, PCC sidewalk -bike trail. The sidewalk -bike trail shall meander within the area of the street curb and the future twenty -foot (20') setback, and shall be dedicated to the public by means of an easement deed. 24. The developer shall submit a brief traffic report to specifically address the traffic control needs and the projections of traffic generation and distribution for this project. This report shall complement the compre- hensive traffic studies previously conducted for developments within the Cypress Business Park. - 4 - 25. A traffic signal shall be installed at the intersection, of Pjaga Drive and Valley View Street and shall be interconnected with the Cj.ty;of Cypress system on Valley View Street. The developer shall pay all costs for design, engineering, and construction. The traffic signal and the intersection at Katella Avenue and Walker Street shall be modified to provide dual left turn pockets for eastbound traffic. This was mentioned as a mitigation measure in the traffic study of the MDC EIR dated January, 1982. The developer shall pay all costs for design, engineering, and construction. 26. The Walker Street median striping shall be modified to provide a two -way left turn lane between the Southern Pacific Railroad and Katella Avenue. The developer shall pay all necessary costs with the new striping work to be done by the City of Cypress. 27. Street lights shall be installed per City standards on Walker Street and on the remaining section of Plaza Drive and shall be dedicated to the City. 28. Street name signs and traffic signs shall be installed per City standards. Necessary fire hydrants shall be installed in accordance with Fire Depart- ment requirements and City standards. 29. Street trees (15- gallon) forty feet (40') on center shall be installed along streets in conformance to the street tree policy of the Public Works Department. The type of trees shall be as required under the Townscape and Urban Design Element of the General Plan, and shall be incorporated in the onsite landscape plan. 30. Developer shall provide the City with a Certificate of Insurance on City form evidencing a comprehensive liability insurance policy(s) with a combined single limit of not less than $500,000 each occurrence in con- nection with the work performed. Certificate shall include the City as additional 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 be performed under the development 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. 31. Fees required for improvements are as follows: a. Final subdivision map filing fee (per Resolution No. 1713). b. Engineering plan checking and inspection fee (per Resolution 1713). c. Sanitary sewer connection fee (per Orange County Sanitation District, No. 3, Resolution No. 303). d. Advanced street light energy charges shall be paid for a one -year period. LgC - 5 - e. Grading permit fee for rough and precise grading plans (per Section 7007 Uniform Building Code). f. Compaction tests. g. All applicable Building Department fees. h. Drainage fee for Master Drainage Plan credited to Walker Street storm drain. 32. That appropriate notice be provided to all future buyers /tenants that the property is subject to the sight, sound, and overflight by aircraft utilizing the Armed Forces Reserve Center, Los Alamitos.