Resolution No. 4142253
RESOLUTION NO. 4142
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
CERTIFYING AS TO ITS REVIEW OF THE FINAL
ENVIRONMENTAL IMPACT REPORT
FOR THE 1993 CYPRESS GENERAL PLAN UPDATE
AND MAKING CERTAIN FINDINGS.
WHEREAS, the City Council /Planning Agency of the City of Cypress conducted
a public hearing on February 8, 1993 and reviewed the Draft Environmental Impact Report
for the General Plan Update; and
WHEREAS, the City Council of the City of Cypress has reviewed the General
Plan Update Final Environmental Impact Report, including the responses to comments
made during the forty-five (45) day public review period, and a motion was made to
approved the Final Environmental Impact Report subject to the Statement of Findings in
Attachment A.
NOW, THEREFORE, the City Council /Planning Agency of the City of Cypress
does hereby resolve as follows:
Section 1: Pursuant to the legal requirements for publishing and conducting a
public hearing on said Draft Environmental Impact Report and responses thereto, and the
City Council /Planning Agency having considered the response to all comments received
thereon, which comments and responses have been attached to said Draft Environmental
Impact Report, and incorporated therein, which are part of the Final Environmental
Impact Report, the said Final Environmental Impact Report is hereby approved and
adopted for the 1993 General Plan Update.
Section 2: The City Council /Planning Agency hereby certifies that the Final
Environmental Impact Report for the 1993 General Plan Update has been completed in
compliance with the California Environmental Quality Act of 1970, with recent
amendments and the local Resolution No. 3966 of the City of Cypress.
Section 3: That the City Council hereby finds with respect to the adverse
environmental impacts detailed in the Final Environmental Impact Report:
a. That the adverse environmental impacts which may result from
implementation of the 1993 Cypress General Plan Update have been
considered and recognized by the City Council.
b. That the comments and responses on the Draft Environmental Impact
Report have been considered and recognized by the City Council and, will be
incorporated into the Final Environmental Impact Report.
c. That based on information set forth in the Draft Environmental Impact
Report and responses thereto, the City Council /Planning agency finds and
determines that measures to mitigate certain impacts exist and are included
in the Final Environmental Impact Report, for Earth Resources, Air
Resources, Water Resources, Noise, Land Use, Population /Housing,
Circulation, Public Services, Energy /Utilities and Recreation.
d. That based upon mitigation measures referred to in the Final Environmental
Impact Report, environmental impacts of this project are mitigated to a level
of less than significance with the exception of air quality.
e. That certain adverse impacts associated with long -term air quality cannot be
entirely mitigated due to the involvement of areas outside the City's
jurisdiction.
Section 4 That the City Council /Planning Agency hereby finds and determines that
all feasible measures have been incorporated into the General Plan Update which will
mitigate or substantially avoid any significant environmental effects, except for those
impacts set forth in Section 3.d., the City Council /Planning Agency hereby adopts the
following Statement of Overriding Considerations, and as included in Attachment A:
The City Council /Planning Agency finds that, based upon the Final Environmental Impact
Report and /or information contained in the record, its action to approve and carry out the
project (General Plan Update) is supported for the following reasons:
a. Implementation of the Project will help ensure orderly, integrated, and
compatible development in response to existing conditions and ongoing local
and regional trends.
1
25,
b. The Project will maintain the City's long -term viability and productivity
through a managed growth plan as opposed to allowing piecemeal
development for the benefit of short -term gain.
c. The Project complies with State of California Planning Law by providing "a
comprehensive, long -term general plan for the physical development" of the
City (Government Code Section 65300) comprised of an "integrated,
internally consistent, and compatible statement of policies" (Government
Code Section 65300.5).
d. The Project will provide policy direction for managing future population and
employment growth anticipated by the Southern California Association of
Governments (SCAG) over the next 20 years.
e. Implementation of the Project will increase the tax base of the City of
Cypress, thereby increasing City revenues.
f. Implementation of the Project will result in the reduction and elimination of
existing and projected environmental impacts in the areas of air emissions,
noise, transportation and circulation, energy and utilities, seismic hazards,
erosion, flooding potential, drainage and runoff, land use compatibility,
public services, recreation, plant and animal life, light and glare, natural
resources, aesthetics, risk of upset, human health, and culture resources.
The Project will help improve Lincoln Avenue by encouraging the creation of
development activity nodes, mixed use development and the location of
certain desirable land uses currently unavailable in northern Cypress, such as
entertainment, theaters, full- service restaurants, and large scale retail.
h. The Project will preserve single - family neighborhoods and the rural
character of existing large -lot neighborhoods.
i. The Project will provide guidelines to ensure compliance with the new
regional plans including the Air Quality Management Plan, the Congestion
Management Plan and the Growth Management Plan.
Therefore, the beneficial economic and social effects of the project override the
potential adverse impacts of the project.
THEREFORE, BE IT RESOLVED that the City Council of the City of Cyp ress does
hereby certify the review of the Final Environmental Impact Report for the 1993 Cypress
General Plan Update of the General Plan for the City of Cypress dated
1993, and incorporated herein by reference as though fully set forth herein. A copy of said
General Plan Update is attached hereto as Exhibit "A?
g.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 8th day of February, 1993.
1'EST:
MAYOR OF THE CI 4•i CYPRESS
CITY CLERK OF CI OF CYPRESS
STATE OF CALIFORNIA SS
COUNTY OF ORANGE
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 8th day of February , 1993, by the following roll call vote:
AYES:
NOES:
ABSENT:
5
0
0
COUNCIL MEMBERS: Age, Bowman, Nicholson, Partin
and Kerry
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
- 2 -
CITY RK 0,4egg OF CYPRESS
2 r E4
ATTACHMENT A
CANDIDATE FINDINGS AND STATEMENT OF OVERRIDING
CONSIDERATIONS FOR THE 1993 CYPRESS GENERAL PLAN UPDATE
The following Findings and Statement of Overriding Considerations are made
relevant to the conclusions of the Final Environmental Impact Report ( "FEIR ")
for the proposed 1993 Cypress General Plan Update (the "Project "). The Project
proposes to update six elements of the City's General Plan: Land Use,
Circulation, Conservation /Open Space /Recreation, Safety, Noise, and Air
Quality. As part of the Project, the City's Land Use Policy Map has been revised
to designate minor changes in land use policy of certain areas of the City, while
providing a continuation of existing land uses in other areas. Goals, policies, and
plans have been identified in each of the General Plan elements to help ensure
orderly, integrated, and compatible development in response to existing
conditions and ongoing local and regional trends.
These Findings and Statement of Overriding Considerations have been prepared
pursuant to Section 21081 of the California Public Resources Code and Sections
15091 and 15093 of Title 14 of the California Code of Regulations.
FINDINGS
A. Public Resources Code Section 21081(a)
City Council, having reviewed and considered the information contained in the
FEIR for the Project, and having reviewed and considered the information in the
public record, finds that changes or alterations have been incorporated into the
Project which mitigate or avoid or substantially lessen the significant impacts of
the Project, as identified in the FEIR. Specifically, potential adverse impacts to
issues of construction activities emissions, noise, transportation /circulation,
energy /utilities, earth resources, water resources, land use, public services,
recreation, plant and animal life, light and glare, natural resources, risk of upset,
human health, aesthetics, and cultural resources, all as identified in the FEIR,
either are not significant or are reduced to below a level of significance by
conditions imposed on the adoption of the General Plan Update.
Further, City Council, having reviewed and considered the information contained
in the FEIR for the Project and the information in the public record, finds that
the Project's potential adverse impacts associated with the issue of air resources
have been substantially reduced by conditions imposed on the adoption of the
Project, but not to below the level of significance.
1
256
B Public Resources Code Section 21081(b)
City Council, having reviewed and considered the information contained in the
FEIR for the Project, and having reviewed and considered the information
contained in the public record, finds that there do not exist potential changes or
alterations to the Project that would substantially lessen the significant
environmental impacts which are within the responsibility and jurisdiction of a
public agency other than the City of Cypress which can and should be adopted by
such other agency.
C. Public Resources Code Section 21081(c)
City Council, having reviewed and considered the information contained in the
FEIR for the Project and the public record, finds that the following economic,
social, and other considerations make infeasible other and further mitigation
measures or any of the Project alternatives identified in the FEIR, and further
finds that each independent consideration, standing alone, would be sufficient to
make such further mitigation measures or Project alternatives infeasible.
MITIGATION MEASURES
Air Resources
Specifically as to the issue of air resources, the FEIR proposes the following
mitigation measures at pages 5.2 -10 through 5.2 -16:
1. Measure 1.a - Person Work Reduction
o Local governments, as employers, implement programs to reduce
person motor vehicle trips.
o Local governments adopt or amend trip reduction ordinances to
require employers to reduce motor vehicle person work trips.
o If the above actions are ineffective, SCAQMD shall expand
Regulation XV or adopt new Indirect Source Rule, to reduce the
employee -size threshold.
2. Measure 1.b. - Non - Motorized Transportation
o Adoption of work trip reduction programs, local ordinances and
regional regulations referred to in Measure 1.a - Person Work Trip
Reduction.
o Adoption of non -work trip reduction ordinances and regulations
referred to in Measures 2.d - Merchant Transportation Incentives
and 2.e - Auto Use Restrictions.
2
r.
�, 7
o Local governments include bicycle routes in General Plans that
support measures noted above.
o Local governments enact ordinances requiring major new
commercial and industrial facilities to provide bicycle parking and
showers.
o SCAG will include a regional bicycle plan in 1993 Regional
Mobility Plan.
3. Measure 2.a - Employer Rideshare and Transit Incentives
o Local governments to adopt ordinance /regulation to require
facilities with tenants employing more than 100 employees to
submit trip reduction plans. (Local governments can adopt one trip
reduction ordinance that includes specific individual provisions for
Control Measures la and lb. Employers may choose among
identified trip reduction options, as long as the target average
vehicle ridership is reached within one year of adoption).
o If previous actions are found by SCAQMD to be ineffective in
achieving traffic reduction targets, expand SCAQMD's Regulation
XV to cover employers with 25 + employees.
o SCAQMD, SCAG and local government encourage formation of
Transportation Management Associations (TMAs).
o Continue to legislate favorable tax credits for employers who
purchase or lease vans for employee vanpool programs.
o Legislate favorable tax benefits for employers who use employer
sponsored vanpools.
o Legislate special tax credits for employers who sponsor work -day
use of clean fuel vans.
4. Measure 2b - Parking Management
o Local governments to conduct local assessment, adopt an Air
Quality Element into each General Plan, and /or adopt an
appropriate ordinance, which will apply to the following programs
as appropriate to the City:
- Increase daytime parking fees in the City.
- Establish a surcharge on parking for single occupant vehicles and /or
discount for multi - occupant vehicles.
- Eliminate peak -period on- street parking.
3
2r r3
Eliminate 100% employer subsidized parking.
Require employer - sponsored preferential parking for ridesharers for
employers of 100+ employees in short term and 25+ employees in long
term.
Establish residential parking permit programs in all areas adjacent to
congested commercial activity centers.
Strengthen parking enforcement operations.
Establish a cap on total number of parking spaces in a zone and
maximum number of parking spaces per square foot of a particular use.
Provide data, monitor progress and effectiveness of the ordinance, and
report results to SCAG annually.
Implement market incentive measures adopted by the GM &T Task
Force.
Provide tax benefits for alternate start times.
Establish reduced work weeks.
As part of this measure, parking will be prohibited at all times on Katella
Avenue.
5. Measure 2.d - Merchant Transportation Incentives
o Local government adoption of non -work trip reduction ordinance to
require major retail centers to offer customer mode -shift travel incentives
and provide facilities for non - motorized transportation needs.
o If necessary, adoption of SCAQMD Indirect Source regulation to require
the above.
6. Measure 2.e - Auto Use Restriction
o Local government to adopt an Air Quality component into each General
Plan which will identify, as appropriate, the local applicability of requiring
special event centers to operate park -n -ride and off -site facility lots,
requiring auto free zones, requiring street closure during peak periods, and
enhancing transit performance.
o Local government to adopt a local special event trip- reduction ordinance
to require the above for large capacity centers (with over 10,000 seating
capacity).
o If necessary and appropriate, adoption of SCAQMD regulations of special
events centers tailored to specific circumstances of each center.
7. Measure 3.a - Truck Dispatching, Rescheduling
o Local governments to adopt Air Quality component in General Plan to
alter truck delivery routes and local delivery schedules.
4
2 «)
o Adopt local government ordinances and MOUs.
o Develop a truck accident reduction program.
o Adopt a SCAQMD Truck Delivery Rule, if necessary.
o Assess needs for Federal regulation to assist in the implementation of this
measure.
8. Measure 4. - Traffic Flow Improvements
o Caltrans, SCAG, Transportation Commissions implement 600 ramp meters
in the Constrained Regional Mobility Plan, and implement by -pass lanes.
o Local government implement Automated Traffic Surveillance and Control
(ATSAC) on 2500 intersections.
o Local government implement projects to improve 125 intersection
channelizations.
9. Measure 17. - Growth Management
o Local governments amend General Plans and adopt ordinances to attain
growth management performance goals at the subregional level consistent
with the SCAG Growth Management Plan.
o Local governments develop intergovernmental agreements to attain growth
management performance goals consistent with the Growth Management
Plan.
o SCAG, with assistance of local jurisdictions, and subregional entities
develop a monitoring process and guidelines for assessment of consistency
with performance goals.
o SCAG, with assistance of local jurisdictions, and subregional entities
reassess and reevaluate actions.
o SCAG to collaborate with implementing entities and the private sector to
develop action programs based on market incentive measures.
o Local governments to revise and update their General Plans to reflect
vehicle miles travelled (VMT) reduction objectives.
o SCAG to collaborate with local governments to develop a consistent and
replicable monitoring system to provide annual feedback on the efficiency
of the actions implemented by the local agencies particularly those relating
5
2E0
to VMT reductions attributable to job /housing balance and the
implementation of market incentive measures.
10. Transportation Demand Management: All jurisdictions must adopt and
implement a TDM ordinance that promotes alternative transportation
methods. The City of Cypress adopted a Congestion Management Program
Transportation Demand Management Ordinance (CMP TDM) and a Cypress
Business Park Vehicle Trip Reduction Ordinance, both of which are aimed at
reducing the number of single occupant vehicle trips during the peak hours
of 6:00 AM and 10 AM, inclusive Monday through Friday. The primary
difference is that the CMP TDM applies only to new or expanding
development.
11. Level of Service (LOS): Traffic Level of Service standards must be
established for the CMP Highway System which shall include, at a minimum,
all State highways and principal arterials. In Cypress, the principal arterials
include Valley View Street, Katella Avenue, and Lincoln Avenue.
12. Capital Improvement Program (CIP): A seven -year CIP must be established
to maintain or improve LOS and transit performance standards, as well as
assist in achieving congestion management and air quality improvement
objectives. The City of Cypress has prepared a CIP which includes the
following information about 21 planned transportation improvements within
Cypress: a project description, funding source, project phase, estimated cost,
and program schedule. The majority of these projects are intersection or
signal improvements.
13. Land Use Coordination: As part of the CMP, localities must prepare a
program that analyzes the impacts of land use decisions made by local
jurisdictions on regional transportation systems. The program shall also
estimate the costs associated with mitigating identified impacts.
14. Transportation Modeling: The development of a database and transportation
modeling system that are consistent with those used by SCAG is required.
15. Public Transit Standard: Standards for the frequency and routing of public
transit must be established, and transit service provided by separate operators
must be coordinated.
16. LOS Deficient Plans: LOS Deficiency Plans must be prepared to describe
how excessive congestion on the CMP Highway System can be mitigated in
those cases where acceptable LOS cannot be met at certain locations.
17. Annual Monitoring: The Congestion Management Agency (CMA), which in
Orange County will be the Orange County Transportation Authority, shall
annually determine if the County and cities are conforming with CMP
6
2
requirements. In addition, the agency will monitor the implementation of all
elements in the CMP by each jurisdiction.
18. Measure 12.a - Paved Roads
o SCAQMD to adopt a regulation prohibiting outdoor storage of fine
particulate matter.
c ARB adopts requirement for the installation of liners on truck beds and
covering of loads for transportation of particulate matter.
o Local governments to develop a "clean streets" management program
which includes adopting construction carryout and entrainment ordinances
and vehicle entrainment ordinances, as well as allocating resources for
controlling emissions from unpaved areas and storm water control.
• Caltrans and the sanitation districts to participate in the "clean streets"
management program by allocating resources for controlling emissions
from unpaved areas and storm water control respectively.
19. Measure 12.b - Unpaved Roads and Parking Lots
o ARB in collaboration with Caltrans to establish criteria to be used in
determining which areas need to be paved in the state.
o Amend local government ordinances to require paving of all vehicle
maneuvering areas and parking facilities, according to ARB, Caltrans
criteria.
20. Residential Sector Measure CM#90 E -D -1A, IB
This measure proposes additional energy conservation through: (1) increase
the thermal integrity of new and existing homes; (2) increase the efficiency of
the space conditioning equipment and other major appliances; and (3)
decrease the solar gain to homes with air - conditioning using shading
strategies such as tree planting.
21. Commercial Sector Measure CM# 90 E- C -1A,2B
Proposed control methods for this source category, similar to those in the
residential sector, concentrate on increasing thermal integrity of building
shells, increasing the efficiency of combustion equipment, and reducing
building thermal loads through controls or automation.
7
22. Industrial Sector Measure CM #90 E -C -2
This control measure is directed at reducing the emissions of nitrogen oxide
(NOx) from either the direct on -site combustion of natural gas or through the
reduction of electricity demand, thereby reducing the NOx emissions from
utility power generation. Two approaches are included in this measure:
energy conservation and waste recycling.
23. SCAQMD Rule 403 (Fugitive Dust) will be applied to individual construction
projects to ensure less - than - significant levels of construction - related fugitive
dust. Required measures include:
o Watering the site and equipment in the morning and evening;
o Spreading soil binders on the site, unpaved roads, and parking areas;
o Reestablishing ground cover on the site through seeding and watering;
o Sweeping streets if silt is carried over to adjacent public thoroughfares;
o Requiring phased construction to even out emission peaks; and
o Suspending grading operations during second -stage smog alerts.
The FEIR concludes that full mitigation of the Project's adverse impacts on air
resources would not be achieved by any of the Project alternatives because
existing levels of air emissions already are considered significant on a citywide
basis; the entire South Coast Air Basin, including the City of Cypress, is located in
a non - attainment area as defined by federal and state air quality standards. No
amount of mitigation on the part of Cypress can fully mitigate such cumulative,
regional impacts. However, under the General Plan Update, air emissions for
four of the five pollutants monitored for Cypress will be reduced from existing
(No Project) conditions. Only particulate emissions will increase under the
Project.
Based on the above analysis, no further mitigation of the Project's impacts is
considered possible because additional mitigation beyond that already included in
the Project is not considered physically and financially feasible.
PROJECT ALTERNATIVES
As to the issue of Project alternatives, the FEIR considered and rejected the
following alternatives to the Project as proposed:
1. The No Project alternative, which is defined as maintaining the status quo of
existing land use conditions in Cypress, with no additional development
permitted. This alternative is considered infeasible for economic and legal
reasons, and rejected because it does not meet the basic Project objectives of
allowing for limited orderly, integrated, and compatible development in the
City in response to existing conditions and ongoing local and regional trends,
and pursuant to California general plan law.
8
2C3
The No Project alternative is not considered feasible because, by definition, it
prohibits the issuance of any further building permits. This situation would
void the implementation of any current or future General Plan for Cypress
and be in direct conflict with California statutes requiring general plans.
Especially, the City would be neglecting its obligation to maintain a Housing
Element, which must include the City's plan for attempting to meet its share
of the region's future housing needs. By preventing any further development,
the No Project alternative would place a substantial financial burden on
Cypress through the City's inability to collect increased tax revenues on new
development while trying to provide necessary and adequate City services.
2. The Existing General Plan alternative, which would allow citywide
development under the Land Use Element approved in 1986. This alternative
is considered infeasible for economic reasons and rejected because it fails to
meet the basic Project objectives noted above and to provide the flexibility
necessary to meet those objectives, given changes in development trends both
locally and regionally. Also, the Existing General Plan alternative would
result in overall greater environmental impacts than would the proposed
Project. (See Section 6.2 of the Cypress General Plan Update Final
Environmental Impact Report.)
D. Statement of Overriding Considerations
To the extent that the significant effects of the Project are not avoided or
substantially lessened to a level of insignificance, City Council, having reviewed
and considered the information contained in the Final Environmental Impact
Report (FEIR) for the Project, and having reviewed and considered the
information contained in the public record, and having balanced the benefits of
the Project against the unavoidable effects which remain, finds that such
unmitigated effects to be acceptable in view of the following overriding
considerations:
1. Implementation of the Project will help ensure orderly, integrated, and
compatible development in response to existing conditions and ongoing local
and regional trends.
2. The Project will maintain the City's long -term viability and productivity
through a managed growth plan as opposed to allowing piecemeal
development for the benefit of short -term gain.
3. The Project complies with State of California Planning Law by providing "a
comprehensive, long -term general plan for the physical development" of the
City (Government Code Section 65300) comprised of an "integrated, internally
consistent, and compatible statement of policies" (Government Code Section
65300.5).
9
264
4. The Project will provide policy direction for managing future population and
employment growth anticipated by the Southern California Association of
Governments (SCAG) over the next 20 years.
5. Implementation of the Project will increase the tax base of the City of
Cypress, thereby increasing City revenues.
6. Implementation of the Project will result in the reduction and elimination of
existing and projected environmental impacts in the areas of air emissions,
noise, transportation and circulation, energy and utilities, seismic hazards,
erosion, flooding potential, drainage and runoff, land use compatibility, public
services, recreation, plant and animal life, light and glare, natural resources,
aesthetics, risk of upset, human health, and cultural resources.
7. The Project will help improve Lincoln Avenue by encouraging the creation of
development activity nodes, mixed use development, and the location of
certain desirable land uses currently unavailable in northern Cypress, such as
entertainment, theaters, full- service restaurants, and large -scale retail.
8. The project will preserve single - family neighborhoods and the rural character
of existing large -lot neighborhoods.
9. The project will provide guidelines to ensure compliance with new regional
measures; i.e., Air Quality Management Plan, Growth Management Plan,
Congestion Management Plan.
10