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HomeMy WebLinkAboutResolution No. 324193 RESOLUTION NO. 3241 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO 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 an amendment to conditional use per- mit in accordance with the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to construct a two -story office building (Phase 1I), at 5757 Plaza Drive. 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 amendment to 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: (1) 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. (2) To allow diversification of land uses as they relate to each other in a physical and environmental arrangement, while ensuring substantial compliance with the provisions of this Ordinance. (3) To provide for a zone encompassing various types of land uses, such as single - family residential develop- ments, multiple housing developments, professional and administrative 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 amendment to 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 amendment is consistent with the original Conditional Use Permit No. 84 -9. (3) The proposed land use is consistent with the McDonnell Center - Cypress Specific flan No. 82 -1 adopted April 26, 1984. (4) Public services and utilities in the area are :ade- quate to handle the building expansion. (5) Adequate parking is provided and the traffic impacts have been addressed and mit.1g:at+ d in the Environmental Impact Report adopted for the McDonnell Center - Cypress on April 26, 19S4. c. The proposed amendment to conditional use will comply with each of the applicable provisions of tht :oni.ng Ordinance exeept for approved variances or adjustments. 4. The City Council DOES HEREBY i. ANT said amendment to conditional u'c permit, subject to the conditions :attach'.'d hereto as Exhibit. >,." PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the llth day of May 1987. ATTEST: / CITY CLiRK4 CITY OP" CYPRESS STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) MAY F THE ITY OF CYPRESS 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 llth day of May 1987, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Arnold, Coronado, Davis, Mullen and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None > CIT LERK THE CITY OF CYPRESS 2 99 100 EXHIBIT "A" AMENDMENT TO CONDITIONAL USE PERMIT NO. 84 -9 CONDITIONS OF APPROVAL 1. The developer shall conform to all applicable provisions of the City Code. 2. Drainage shall be solved to the satisfaction of the City Engineer. A revision to grading plan No. 8452 -10 in ink on mylar, signed by a regis- tered California civil engineer, and using actual grades from an Orange County surveyor's benchmark shall be submitted for approval. In parking areas, AC shall have a minimum slope gradient of two percent (2%), and concrete shall have a minimum slope gradient of two- tenths percent (.2%). 3. Wheelchair and handicapped access facilities shall be installed in accordance with State of California and City of Cypress Public Works Department standards. 4. All utility services shall be underground. 5. Transportation Systems Management (TSM) measures shall be encouraged for all developments in the Business Park. A transportation management action plan is now being prepared by the City. The developer shall partici- pate in the TSM plan adopted by the City for the Business Park and shall participate in a Transportation Management Association (TMA) formed by landowners in the Business Park with the assistance of the City and its consultants. The developer shall participate in these programs on an equivalent basis with all other City- designated participants within the Business Park. 6. The developer shall comply with all requirements of the FAA should any portion of the development encroach within the 100 to 1 imaginary surface surrounding the Los Alamitos Air Base. Encroachment within the 50 to 1 approach surface will require approval by the FAA. 7. Fees required for improvements are as follows: . Sanitary sewer connection fee (per Orange County Sanitation District No. 3, Resolution 303). . Grading permit fee (per Resolution 2964). . Traffic impact mitigation fee per Exhibit "B" attached hereto. . All applicable Building Department fees. 8. All applicable conditions of Conditional Use Permit No. 84 -9 shall be complied with prior to occupancy of the subject building. 9. All architectural treatments shall be constructed as illustrated on plans and renderings submitted. The final exterior color scheme shall be sub- mitted to City staff for review and approval prior to actually painting the structure. 101 - 2 - 10. All requirements of the Orange County Fire Marshal's Office shall be com- plied with prior to a Certificate of Occupancy being issued. 11. The proposed buildings shall be constructed with the appropriate "sound insulation" material as required by the California Noise Insulation standards to mitigate the noise impact from the Los Alamitos Army Airfield. 12. All roof mounted equipment, such as heating and air conditioning units, shall be adequately screened from public view subject to the approval of 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 City staff. 13. Compact parking space aisles shall be denoted as such on the asphalt as "Compact Only." 14. A redwood landscape retainer, a minimum of two inches by six inches (2" x 6 ") in size, shall be installed along all. property lines where necessary to retain the landscape planters until adjoining properties are developed. EXHIBIT "B" AMENDMENT TO CONDITIONAL USE PERMIT NO. 84 -9 TRAFFIC IMPACT MITIGATION ASSESSMENT The developer shall pay the City for traffic impact mitigation improvements as follows: 1. Prior to issuance of the building permit for Amendment to Conditional Use Permit No. 84 -9, the developer shall pay an amount determined by the City in accordance with the following formula: a. The numerator shall be the estimated dollar. amount (in constant 1987 dollars inflated per Engineering News - Record [ENR] Construction Cost Index [C.C.I.] for the Los Angeles area), as determined by the City, required to construct all major traffic improvements which the City determines may be required as traffic mitigation measures within the Cypress Business Park (and any portion thereof), including the Los Alamitos Race Track. Such improvements shall include, but not be limited to, arterial street widenings, traffic signal systems modi- fications, grade separation structures or other major intersection improvements. b. The denominator shall be the gross floor area of the entire Cypress Business Park (excluding commercial /retail uses), including the Los Alamitos Race Track, as determined by the City. c. The square footage of each proposed building shall be multiplied by the factor resulting from the division of the numerator as set forth above by the denominator as set forth above. 2. Payment shall be as follows: The developer shall provide to the City a bond concurrent with the issuance of the building permit which shall be in the amount determined by the City pursuant to the formula above for the gross floor area of the building. At such time as a certificate of occupancy is issued with respect to the building, the developer shall remove the bond and pay to the City in cash the corresponding amount determined by the City pursuant to the formula above. 3. In addition to the bond posted concurrently with the building permit issued after approval of Amendment to Conditional Use Permit No. 84 -9, the developer shall pay to the City, in cash, the Traffic Impact Mitigation Assessments for all buildings previously approved for construction and /or existing within the boundaries of Amendment to Conditional Use Permit No. 84 -9. Said assessments shall be calculated in accordance with the formula above and payments made prior to the issuance of said building permit after approval of Amendment to Conditional Use Permit No. 84 -9. 103 2 The developer waives for himself, his successors and assigns, the right to protest the formation of an assessment district, major thoroughfare benefits district or other financing district deemed necessary or appropriate by the City to facilitate the imposition and collection of traffic impact mitigation improvement fees or otherwise finance the construction of the traffic impact mitigation improvements. Such improvements shall include, but not be limited to, arterial street widenings, traffic signal system modifications, grade separation structures or other major intersection improvements. In the event that the formation of an assessment district, major thoroughfare benefit district or other financing district as contemplated in paragraph 3 above does occur, the assessment shall, at the City's discretion, be pro -rata within assessment /benefit area (area of benefit and method of spreading the assessment to be determined by the City at its discretion), based upon gross floor area of the entire Business Park (completed or potential), less commercial /retail areas. The area of benefit and method of spreading the assessment will be determined by the City at its discretion and in accordance with applicable laws and regulations.