Resolution No. 3479152
RESOLUTION NO. 3479
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS, CALIFORNIA, CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT PREPARED FOR GENE-
RAL PLAN AMENDMENT NO. 88 -5, ZONE CHANGE
NO. 88 -7, ADOPTION OF A SPECIFIC PLAN
NO. 88 -4, AND APPROVAL OF A DEVELOPMENT AGREE-
MENT AS COMPLETE AND ADEQUATE IN ACCORDANCE
WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. The City Council of the City of Cypress does
hereby find, determine and declare that:
a. SDC Development ( "SDC ") has proposed to convert a
167.92 acre site ("the Site") from land previously
utilized as a golf course to a planned community
general business park which will include a mixed
use business park, churches /schools, general com-
mercial retail, professional office and hotel sup-
port commercial uses ( "the Development" or "Cypress
Downs "). The Development would proceed in three
phases and would contain an estimated 2,909,208
square feet of building area.
b. SDC has initiated a request to: (1) amend the land
use element of the General Plan by changing approx-
imately 136.56 acres of the site from "PS Public
and Semi - public use" to "Business Park ", and (2)
designate a zone change for the 136.56 acres from
"PS Public and Semi - public" to "Business Park ".
(Referred to hereafter as the "Project ").
c. On November 3, 1987 the voters of the City of
Cypress adopted an initiative ordinance entitled
"Measure D" which is now Section 19.2b of the
Cypress City Code. This ordinance requires voter
approval of any amendment to the PS (public and
semi - public) zone or land use designation is the
general plan of the City of Cypress, which would
permit any land use other than those permitted in
the PS zone on the date of the enactment of this
Measure. Thus, approval of the general plan amend-
ment, the zone change, the specific plan and the
development agreement by the City Council will be
contingent upon voter approval. This election will
be held at the beginning of 1989.
d. The City, as lead agency for said Project, has
caused to be prepared a Final Environmental Impact
Report ( "FEIR ") for the project pursuant to the
California Environmental Quality Act of 1970, as
amended ( "CEQA ").
e. In 1986, a Draft Environmental Impact Report (DEIR)
was prepared for a similar project (known as the
"Cypress Plaza Project ") proposed for the Site
which was substantially larger than the project now
at issue. FEIR was certified by the City Council
in 1987 as complete and adequate in conformance
with CEQA.
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f. In 1988, a Supplemental DEIR was prepared for the
smaller Cypress Downs project proposed by SDC.
Although this revised Project is substantially
smaller than the original project proposed, and
therefore may pose potentially less significant
environmental impacts, a Supplemental EIR was pre-
pared in accordance with Section 15163 of the CEQA
Guidelines to address the changes in the Project
and to provide additional opportunities for public
comment. The DEIR was prepared in accordance with
CEQA, the State CEQA Guidelines and Environmental
Guidelines of the City of Cypress.
g. A Supplemental EIR was prepared even though the
Measure D requirement of voter approval may exempt
the project from compliance with CEQA since the
project could be interpreted as not involving
approval by a public agency.
h. In accordance with CEQA, the City offered the Sup-
plemental DEIR for review from August 9, 1988
through September 23, 1988. A public workshop was
held on September 21, 1988. The Supplemental DEIR
was again presented to the public on September 26,
1988.
i. Written and oral comments on the Supplemental DEIR
were received by the City during and after the 45
day public review period, which were fully and ade-
quately responded to in accordance with the State
CEQA Guidelines. The comments and responses to
comments concerning the Supplemental DEIR have been
included in the Supplemental FEIR (hereafter
"FEIR").
j. The City Council has fully reviewed and carefully
considered the DEIR, the comments and responses to
comments concerning the DEIR and all other environ-
mental documents that comprise the FEIR, including
all information presented at public hearings.
SECTION 2. In view of the foregoing, the City Council
of the City of Cypress hereby certifies that the FEIR for the
Project (1) is complete and adequate, and was prepared in compli-
ance with the requirements of CEQA, the State CEQA Guidelines and
the City of Cypress Environmental Guidelines, and (2) was pre-
sented to the City Council and the Council has reviewed and con-
sidered the information contained therein.
SECTION 3. The City Council /Planning Agency hereby
finds with respect to the adverse environmental impacts detailed
in the FEIR:
a. The City Council /Planning Agency adopts, and incor-
porates herein by this reference as if fully set
forth, the following documents attached hereto:
(1) the Statement of Facts, attached hereto as
Attachment "A ", (2) the Statement of Overriding
Considerations attached hereto as Attachment "B ",
and (3) the Conditions of Approval of the Supple-
mental Final Environmental Impact Report -- Cypress
Downs attached hereto as Attachment "C ".
b. That the adverse environmental impacts which may
result from implementation of Specific Plan No.
88 -4, Cypress Downs, have been considered and
recognized by the City Council /Planning Agency,
including those potential impacts addressed in the
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Final Environmental Impact Report for the Cypress
Plaza Project, dated September 22, 1986.
c. That based on information set forth in the Supple-
mental DEIR, the Supplemental FEIR and the FEIR for
the Cypress Plaza Project, the City Council /Plann-
ing Agency makes the findings contained in the
Statement of Facts concerning the significant
environmental impacts of the Project and related
mitigation measures with respect to the follow-
ing: Traffic and Circulation, Land Use and Rele-
vant Planning, Aesthetic Resources, Air Quality,
Noise, Public Services and Utilities, Fiscal
Impacts, Earth Resources, Drainage and Hydrology,
Cultural Resources, Biological Resources, Golf
Course /Open Space and Public Safety /Aircraft
Hazards.
d. That all significant environmental impacts of the
Project will be avoided or mitigated to a level of
insignificance by the imposition of the mitigation
measures set forth in the Statement of Facts and
the FEIR, with the exception of impacts relating to
circulation and traffic, land use, air quality,
aesthetic resources and construction noise, as ad-
dressed in the FEIR and with the exception of im-
pacts relating to biological resources (landmark
trees) and golf course /open space, as addressed in
the Cypress Plaza FEIR.
e. That certain adverse impacts associated with long-
term air quality and traffic cannot or may not be
entirely mitigated due to the involvement of areas
outside the jurisdiction of the City.
f. That the FEIR has described all reasonable alterna-
tives to the Project that could feasibly obtain the
basic objections of the Project, even when those
alternatives might impede the attainment of Project
objectives or might be more costly. All reasonable
alternatives were considered in the review process
of the FEIR for the Project. The Project as pro-
posed represents the least environmentally damaging
alternative that could feasibly obtain the basic
objectives of the Project.
SECTION 4. That the City Council /Planning Agency hereby
finds and determines that the unavoidable significant impacts of
the Project that will not be reduced to a level of insignificance
identified in the FEIR and the Cypress Plaza FEIR, and summarized
in Sections 3.d. and 3.e. above, are clearly outweighed by the
economic, social and other benefits of the Project as set forth
in the Statement of Overriding Considerations, and as summarized
below:
a. The project, upon completion, will produce a net
annual recurring fiscal benefit to the City of
Cypress of approximately $862,000.
b. Implementation of the project will result in sub-
stantial traffic improvements and public infra-
structure improvements to the subject site.
c. The project, at ultimate development, will provide
an estimated 7,700 jobs.
d. Implementation of this project will promote the
objectives of the City's General Plan by providing
consistency of land use within the Cypress Business Park.
e. Implementation of this project will provide school and
church uses which, due to inclusion of proposed gymnasiums
and ballfields, will enhance the recreational opportunities
within Cypress for Cypress citizens.
SECTION 5. The City Clerk is hereby authorized and directed to
file a Notice of Determination as required pursuant to CEQA.
SECTION 6. The City Clerk shall certify the adoption of this
Resolution.
PASSED AND ADOPTED by the City Council of the City of Cypress
at a regular meeting held on the 14th day of November 1988.
ATTEST
CITY CL]
;17
CNR OF THE CITY OF CYPRESS
44,7-
//(
RK OF THE CITY 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 14th day of November 1988;
by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Davis, Kanel, Mullen and Arnold
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Coronado
/1j;
CITC CLERK OF THE C Y F CYPRESS
156
ATTACHMENT A
STATEMENT OF FACTS
SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE
PROPOSED PROJECT, FINDINGS WITH RESPECT TO
SAID EFFECTS, AND STATEMENT OF FACTS IN SUP-
PORT THEREOF, ALL WITH RESPECT TO THE PRO-
POSED CYPRESS DOWNS PROJECT IN THE CITY OF
CYPRESS.
BACKGROUND
State EIR Guidelines (Guidelines) promulgated pursuant
to the California Environmental Quality Act (CEQA) provide in
part:
"No public agency shall approve or carry out
a project for which an environmental impact
report has been completed and which identi-
fies one or more significant effects of the
project unless the public agency makes one
or more of the following written findings
accompanied by a statement of the facts sup-
porting each finding."
(Section 15091)
The City of Cypress proposes to amend the Land Use Ele-
ment of the General Plan, adopt the proposed Specific Plan and
change the zoning designation of the study area. Because the
proposed actions constitute a project under CEQA and the Guide-
lines, the City of Cypress has prepared an Environmental Impact
Report (EIR) and a Supplemental Environmental Impact Report. The
EIR identified certain significant effects which may occur as a
result of this project. Further, the City Council desires to
allow the Citizens of Cypress to vote upon this project, and has
determined that the EIR is complete and has been prepared in
accordance with CEQA and the Guidelines. Therefore, findings are
set forth herein pursuant to Section 15091 and 15163(e) of the
CEQA Guidelines, and includes findings for potentially signifi-
cant impacts identified in the Cypress Plaza Final Environmental
Impact Report (September 22, 1986). Mitigation measures identi-
fied below are based on Conditions of Approval to be required of
the applicant (Attachment C), which are based on measures con-
tained in the Environmental Impact Report and Supplemental Envi-
ronmental Impact Report, with modifications as appropriate.
157
TRAFFIC AND CIRCULATION
Impact
The current proposal will generate an increased amount
of daily trips to the affected area; however, this increase is
27% lower than that associated with the project's prior charac-
teristics. The additional traffic will create some unacceptable
levels of operating service within the areas nearby the proposed
site. Yet, both the morning and evening peak traffic congestion
will be substantially lessened by implementation of traffic miti-
gation systems.
Findings /Mitigation Measures
(a) Changes and other measures have been included in the project
or are otherwise being implemented which mitigate this sig-
nificant environmental effect in that:
1. No development shall be permitted on parcels without
improved street access.
2. Portions of any lot within any future right -of -way
shown on the City's Master Plan of Streets or in this
Specific Plan shall not be occupied by structures,
other than those encroachments normally permitted in
rights -of -way. All other required setbacks, yards and
open spaces shall be calculated on the basis of the
establishment of the future rights -of -way; future
right -of -way lines shall be considered to be lot lines
for purposes of determining such setbacks, yards and
open spaces.
3. Dedication of the right -of -way shown on the City's
Master Plan of Streets or in the Specific Plan shall
be required as a condition of approval for any deve-
lopment.
4. Installation of curbs, gutters, sidewalks, streets and
alley paving, street lighting and street trees Shall
be subject to the provisions of the City's Standard
Improvement Plans and the Specific Plan.
5. All street names within the project area shall be ap-
proved, and changed if necessary, by the City of
Cypress.
6. On- street parking on public roadways shall be pro-
hibited.
7. Bus stops will be located at strategic locations on
the perimeter of the site to reinforce public access
and mitigate peak traffic flows. They will be
designed to avoid blockage of through traffic by means
of turnouts. Specifications, number and location will
be in accordance with agreements between the City of
Cypress and the Orange County Transit District.
8. The developer shall acknowledge the City's policies
regarding the effects on City services of land deve-
lopments, as set forth in Resolution No. 3282 regard-
ing TSM measures. The developer shall also partici-
pate in the City's Traffic Impact Mitigation fee
assessment, as required by Ordinance No. 778.
9. The Traffic Impact Mitigation Fee will be payable in
cash, at the time of issuance of each building permit
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for the subject development (as required by Section
25 -69 of Ordinance No. 778), and the amount shall be
per Resolution No. 3283 (adjusted for inflation) or
such other amount as may be in effect at the time of
issuance of the building permit.
10. Any improvements identified for the intersection of
Cerritos Avenue and Walker Street that are located
immediately adjacent to the project property will be
the responsibility of the developer, and will require
dedication of property, as needed.
11. Additionally, the intersection of Katella Avenue and
Walker Street is expected to operate at LOS 'E'
(ICU = 0.97) in the evening peak hour (with a Full TSM
program). Restriping the southbound leg of Walker
Street to provide one southbound right and two south-
bound left -turn lanes will improve the operation of
the intersection to LOS "D" (ICU = 0.89). This re-
striping shall be implemented when traffic operating
conditions warrant such action, as determined neces-
sary by the City Traffic Engineer.
12. At the three intersections in Los Alamitos analyzed in
this study, the need for improvements was identi-
fied. Without improvements, intersection capacity
utilization (ICU) values would be high and levels of
service would be poor. With the improvements dis-
cussed in the following paragraphs, the LOS would be
"D" or better, with one exception.
13. Improvements will be needed for the afternoon peak
hourly traffic demands. A northbound left -turn lane
and a southbound through lane on Los Alamitos Boule-
vard will be added to reduce the afternoon peak hourly
ICU value to 0.89 (LOS "D "). The intersection then
would be expected to operate satisfactorily.
14. A northbound left -turn lane and a southbound left -turn
lane on Bloomfield Street will be required to reduce
the morning and afternoon peak hourly ICU values to
0.89 and 0.90, respectively (LOS "D" in both cases).
The intersection then would be expected to operate
satisfactorily.
15. An eastbound through lane and a southbound left -turn
will be added to reduce the ICU value in the morning
in the morning peak hour to 0.84 (LOS "D "). The
improvement would reduce the afternoon peak hourly ICU
to 0.93 (from 1.12 without the improvement) and the
LOS from "F" to "E ", but not to "D ".
16. The improvements at these three intersections would be
the joint responsibility of the City of Los Alamitos,
the City of Cypress, and Cypress Downs. Responsibil-
ity would be joint because there are some congestion
problems presently, and because at all three inter-
sections, there would be congestion even if Cypress
Downs were not to be developed. The City of Los
Alamitos, Cypress, and the Cypress Downs developers
will discuss this matter and arrive at an allocation
of the responsibilities that will be equitable to all
parties.
17. Presently, Denni Street /Lexington Street is built to
half -width between Katella and Cerritos Avenues. The
street will be built to full four -lane width with
appropriate left -turn treatment. The crossing of the
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railroad would be at -grade with appropriate protection
for the crossing. The intersection of Lexington
Street /Katella Avenue will be modified to ensure that
appropriate north -south alignment will be maintained
through the intersection with acceptable off -sets.
The widening of Denni Street /Lexington Street will
necessitate coordination with the City of Los Alamitos
and the property owner to the west. The development
of Planning Area 8 will be contingent on the construc-
tion of ultimate Denni Street improvements between
Katella Avenue and the east -west interior roadway.
18. The following mitigation
nal circulation and site
Install traffic signals
tions:
measures pertaining to inter -
access are recommended:
at the following intersec-
o Walker Street and Street A
o Lexington Street and Street A
o Katella Avenue and Enterprise Street
o Street A and extension of Siboney Street north
of Katella Avenue
o Street A and extension of Enterprise Street
north of Katella Avenue
To conform to intersection revisions, modify the
existing traffic signals, as determined necessary, by
the City of Cypress Public Works, at the following
intersections:
o Katella Avenue at Winners Circle
o Katella Avenue at Siboney Street
o Katella Avenue at Lexington Street
o Cerritos Avenue at Denni Street (Upgrade to six -
phase operation)
o Cerritos Avenue at Moody Street
o Cerritos Avenue at Walker Street
At all driveway access locations along Katella Avenue,
Cerritos Avenue, Lexington Street, Walker Street, and
Street A, ensure that adequate sight distance is pro-
vided by avoiding the placement of structures, signs,
landscaping, and other objects that would obstruct
sight distance.
Place driveways along Lexington Street, Walker Street,
and Cerritos Avenue in such a manner that adequate
left -turn pockets can be provided on the streets.
In Development Area 2 (site for churches and school),
encourage the development of access easements such
that all parcels can be served by a common full access
point along Cerritos Avenue. Left -turn access to /from
Cerritos Avenue would be provided at one driveway
only.
Additional driveways would be provided for right turns
only.
Provide eastbound median left -turn pocket on Katella
Avenue at Winner's Circle. Modify traffic signal to
provide for eastbound protected left -turn movement.
(This improvement will require cooperative interaction
with the City of Los Alamitos).
At all unsignalized access points along Lexin-
gton /Denni, Cerritos and Walker, provide right -turn
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acceleration/ deceleration lanes as determined neces-
sary by the City Engineer.
Adjacent to the project site, provide westbound
Katella Avenue exclusive right -turn acceleration/de -
celeration lane at Tarawa Street and as appropriate,
at unsignalized access points.
Provide dual eastbound left -turn lanes on Katella Ave-
nue at Denni Street. Modify signal to provide for
protected left- turns. (This will also require inter-
action with the City of Los Alamitos).
Design Street A to provide four travel lanes (two in
each direction) plus left -turn pockets, or a continu-
ous left -turn lane. The proposed width for Street A
is 66 feet, which would be sufficient to provide the
necessary lanes.
At the intersection of Street A and Lexington Street,
Street A should have three lanes in the westbound
direction: one for left turns, one for right turns,
and the middle lane optional for left or right turns.
At the intersection of Street A and Walker Street,
Street A should have three lanes in the eastbound
direction: one for left turns, one for right turns,
and the middle lane for through movements, in the
event that an east leg is constructed at this inter-
section. Otherwise, the middle lane would be optional
for left or right turns.
Design the street connections between Katella Avenue
and Street A (Enterprise Street extended and Siboney
extended) with a minimum of two travel lanes in each
direction plus appropriate provisions for turn
lanes. Because both segments would be short, special
design features may be necessary, resulting in the
provision of a six -lane facility. In designing the
extension of Siboney, ensure that the needs of the
racetrack are taken into consideration if Siboney will
remain the major access for the racetrack.
Cooperate with the racetrack to develop a traffic con-
trol plan satisfactory to the Racetrack, Cypress
Downs, and the City of Cypress. From the perspective
of Cypress Downs and the City of Cypress, the follow-
ing actions would be appropriate:
a. Ensure that racetrack activities during peak
traffic periods remain at a level no higher than
presently occur;
b. If Siboney is to be retained as the primary ac-
cess point for the racetrack, ensure that the
roadway between Katella Avenue and Street A is
constructed with sufficient capacity to handle
traffic associated with the racetrack. The
needs for Cypress Downs are expected to be less
than those for the racetrack.
c. The location where parking fees are now collect-
ed (approximately where Street A would intersect
the northerly extension of Siboney) should be
moved further north in order to eliminate inter-
ferences with traffic operations on Street A and
Siboney Street (extended).
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19. The importance and substantial benefits of a stringent
Transportation System Management (TSM) program in
Cypress Business Park has been recognized by the City
of Cypress. In fact, the City is in the process of
developing a TSM ordinance to reduce peak hourly traf-
fic levels. A committee of employers and property
owners is working in an advisory capacity in the
development of this ordinance.
Cypress Downs will be required to participate in the
TSM plan to be adopted for Cypress Business Park and
to participate in a Transportation Management Associa-
tion (TMA) that may be formed by various entities in
Cypress Business Park with the assistance of the City
and its consultants.
Specific TSM actions by Cypress Downs might include:
o Establish a Transportation Coordinator position
to act as a liaison with the Cypress Business
Park TMA.
o Encourage alternative commute modes, such as
carpooling, vanpooling, transit use, cyclo-
commuting, and others.
o Provide on -site amenities to facilitate these
alternative commute modes, such as preferential
parking for carpools and /or vanpools; bicycle
storage facilities, internal bikeways, and
shower and locker facilities for bicyclists;
pedestrian facilities, including convenient
pathways from bus stops, and continuous walkways
between development areas; convenient and com-
fortable bus shelters at existing bus stop loca-
tions, and on -site access to bus schedules and
bus tokens and passes.
o Encourage peak hour trip reduction techniques,
such as alternative work hours, flextime, stag-
gered work shifts, telecommuting, and 4 -day
workweeks.
Transit
20. The Orange County Transit District has requested the
following transit amenities to enhance their existing
services along Katella Avenue:
o Bus turnouts provided at stop locations, if
determined to be necessary by the City Traffic
Engineer, based on roadway cross - section, travel
volumes, or speeds. This may require dedication
of property by the developer. Where appropri-
ate, bus turnouts can be placed in accelera-
tion /deceleration lanes.
o A concrete bus pad, able to support the weight
of a bus, may have to be provided at each tran-
sit stop if the material used to construct
Katella Avenue is insufficient to support con-
tinued transit use of the bus stops.
o A paved passenger waiting area complete with a
bus shelter and bench at each turnout.
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o A paved and lighted handicapped- accessible
pedestrian accessway provided between each stop
and the project buildings.
21. In addition, if new bus service is provided along
Cerritos Avenue, Walker Street or Denni Street in the
future, similar transit amenities should be provided,
as requested by OCTD and deemed appropriate by the
City Traffic Engineer.
22. Off- street parking will be provided as set forth in
the City Zoning Ordinance No. 640, Section 14 as fol-
lows:
o In computing required parking, any fraction over
a whole number shall be computed as a whole.
o No more than forty (40) percent of the required
parking spaces in retail commercial areas and no
more than thirty (30) percent of the required
parking spaces in business park areas shall be
designed for compact cars subject to all provi-
sions of Section 14 of the Zoning Code.
Parking spaces may be located in the following manner:
o On lot(s) within the building use served.
o On the contiguous lot or lots, provided that
access is convenient, subject to review of pro-
posed site plans by the Design Review Committee,
and as specified in Section 14 of the Zoning
Code and providing that a legal instrument is
recorded to commit the parcel to off - street
parking until the City may release the contigu-
ous lots.
o Within a parking structure (individual or com-
mon), and in a conveniently located manner.
23. A parking plan for the Racetrack facility is currently
being prepared by the Racetrack Owner's consultant,
Barton- Aschman Associates, Inc. It appears that ap-
proximately 7,212 spaces will be maintained within the
racetrack facility to accommodate parking needs during
all racing events. A parking stall width of not less
than 8 feet 3 inches will be maintained. In addition,
approximately 2,419 stalls of 8 feet 3 inches in width
shall be available for all racing events at other
locations mutually agreeable to the City and the Race-
track owner in the form of existing parking, shared
parking, utilization of undeveloped property and /or in
the construction of a parking structure; provided that
Design Review Committee approval shall be required for
said 2,419 stalls in conformance with Sections 18.1
through 18.7 of the Cypress Municipal Code.
The Cypress Downs Specific Plan includes objectives
and policies which encourage shared parking between
the racetrack and Business Park uses. In regards to
shared parking, conditions may be imposed by the
Planning Director and the City Engineer, acting in a
reasonable manner, utilizing generally applicable
planning and engineering principles in performing
these Design Review functions.
Design Review of the proposed approximately 2,419
parking spaces will consider, but not be limited to,
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parking area design, configuration, improvements and
location. Approval in Design Review of the parking
plan by the Design Review process shall be a condition
of approval for development of any parcels.
Notwithstanding the above, in the event of a partial
loss of existing paved parking, the Racetrack owner
may submit for Design Review an interim parking plan,
which if approved would allow replacement parking to
be provided.
24. The Developer shall perform all acts required to con-
struct and maintain legal vehicular and pedestrian
railroad track crossing points. The Developer shall
apply for and provide, at his sole expense, all cross-
ing surface improvements, gates, lights, and any other
protection of the railroad right -of -way. This condi-
tion shall be satisfied prior to the issuance of any
construction permits on the final phase of the Speci-
fic Plan development.
25. Truck and loading facilities are subject to approval
at the time of site plan review and shall be subject
to the following provisions:
a. Truck loading, rail loading, well dock facili-
ties, or doors for such facilities shall not
face a public street or residential area, or
encroach into the required front and street side
yard setback.
b. Trucking and loading facilities may face a local
public street or adjacent residential neighbor-
hood subject to the approval of a Conditional
Use Permit application by the City of Cypress
Planning Department. Truck and loading facili-
ties are specifically prohibited from facing an
arterial roadway.
26. In reviewing the Conditional Use application, the City
Planning Department shall be governed by the follow-
ing:
a. Any loading facility shall be set back a minimum
of forty -five feet (45') from the property line.
b. Any loading facility shall be located within a
fully enclosed structure, with doors of a color
compatible with the main building. Entrances to
all loading facilities shall be screened from
view.
c. Installation of the loading facility will not
create an over - concentration of such facilities
on any one street, and the City Planning Agency
shall endeavor to achieve variations in the
street scene.
d. Adequate area shall be provided for the safe
operation of trucks in loading areas.
e. Any landscaping which is displaced by construc-
tion of loading facilities shall be provided
elsewhere, or waived by appropriate authority of
the City.
f. Trucking areas shall be adequately paved for the
type of operation intended.
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27. Should the mixed -use option be selected for Parcel 3,
the City shall conduct additional environmental analy-
sis and /or traffic study to assess potential addition-
al impacts, as compared to "business park only" uses.
28. All Katella Avenue signals shall include appropriate
interconnect hardware as determined necessary by the
City Engineer.
29. Adjacent to the project site the developer shall dedi-
cate sufficient right -of -way and construct improve-
ments as follows:
Add one left -turn lane for eastbound Katella at
Denni.
Add one right- turn -only lane for westbound
Katella at Denni.
Add one left -turn lane for eastbound Cerritos at
Moody.
Add one through lane for eastbound Cerritos at
Walker.
Add one through lane for northbound Walker at
Cerritos.
30. Contingent on sufficient, existing right of way in the
City of Los Alamitos, the developer shall widen the
south side of Katella Avenue, from Lexington Drive to
Ticonderoga Drive, to ultimate half -width per the
County Master Plan of Arterial Highways (including
reconstruction of Katella Avenue median islands) to
accommodate required additional turning storage lanes
on Katella Avenue. If said existing, south right of
way is not available, the developer shall dedicate and
widen the north side of Katella Avenue (including
reconstruction of Katella Avenue median islands) to
provide additional turning storage lanes into the pro-
ject site only, as required by the other project traf-
fic mitigation measures. No part of this condition
shall eliminate or limit the responsibility of the
developer to dedicate and improve the north side of
Katella Avenue, adjacent to the project site, to ulti-
mate width per the County Master Plan of Arterial
Highways.
31. The developer and the Cities of Cypress and Los
Alamitos shall enter into an agreement, the elements
of which shall include:
(1) A description of the traffic and other
mitigation measures partially or wholly
within the City limits of Los Alamitos,
which shall be accomplished (a) directly
by the developer, at the developer's cost;
and (b) by the City of Los Alamitos, with
financial contribution from the developer
(in an agreed -upon, fixed amount) and (for
certain projects) cooperative grant fund-
ing from other agencies;
(2) A stipulation that the mitigation measures
to be accomplished by the City of Los
Alamitos shall be accomplished at the
City's earliest opportunity, considering
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165
(3)
the availability of said cooperative fund-
ing; if any of the said agreed mitigation
measures is subsequently deemed to be in-
feasible by the City of Los Alamitos,
alternative, equivalent measures shall be
implemented; said alternative measures and
their equivalencies shall be at the City
of Los Alamitos' discretion;
An agreement by the City of Los Alamitos
to assist the developer in acquiring the
right of way necessary to construct Denni
Street (Lexington Drive), north of Katella
Avenue, including holding a hearing to
consider adoption of a Resolution of
Necessity for said acquisition by eminent
domain, if necessary; the developer shall
reimburse the other parties for all admin-
istrative costs and the developer shall
pay all costs of right of way purchase.
(b) All significant environmental effects that can feasibly be
avoided have been eliminated or substantially lessened by
virtue of mitigation measures identified in the Final EIR
and incorporated into the project as set forth above.
(c) Potential mitigation measures or project alternatives not
incorporated into the project were rejected as infeasible,
based on economic, social and other considerations as set
forth in the Statement of Facts, the Final EIR and listed
below:
1. The level of analysis now presented is appropriate for
a Specific Plan; if and when particular projects
implementing the Specific Plan are proposed,
additional environmental review will be undertaken,
and additional conditions may be imposed to alleviate
any adverse impacts. In particular, additional
conditions may be imposed upon submittal of grading
plans, site plans, engineering data, etc.
2. The "No Development" alternative would not generate
any additional traffic; however, this option was
rejected based on land use and economic consideration
as noted in the Draft EIR. Any development
alternative which involves conversion of the existing
uses to urban uses will contribute incrementally to
traffic impacts.
3. Project impacts are mitigated to the extent feasible.
(d) The remaining, unavoidable significant effect, if any, is
acceptable when balanced against facts set forth above and
in the Statement of Overriding Considerations which
follows. (Attachment B).
166
LAND USE AND RELEVANT PLANNING
Impact
There will be several short -term impacts that will ac-
company the necessary removal of existing structures on the sub-
ject property. Any removal will create higher than normal levels
of dust, noise and air pollution. Long -term impacts will include
increases in traffic and pollution that invariably accompany
over - intensified hand uses. In addition, the project will create
the need for a Gettal Plan Amendment and a Zone Change. This
and building height limitations can be satisfied with various
mitigation measures. A building square footage decrease from
3,720,892 square feet to 2,909,208 square feet of the revised
project will further limit land use impacts.
Findings /Mitigation Measures
(a) Changes and other measures have been included in the project
or are otherwise being implemented which mitigate this sig-
nificant environmental effect, in that:
The provisions of the Specific Plan are to numerous to re-
peat here, but represent a mitigation measure for land use
impacts if adopted.
32. Noise and dust control measures will reduce short -term
construction impacts to nearby areas. Long -term traf-
fic and associated noise and air quality impacts will
be mitigated by measures outlined in Section IV.A.
CIRCULATION AND TRAFFIC, and IV. D &E AIR QUALITY AND
NOISE. Project landscaping and setback requirements
will reduce visual impacts to surrounding residential
areas.
33. Although proposed Specific Plan Land Uses are gener-
ally considered compatible with existing uses, a Gen-
eral Plan Amendment and Zone Change will be required
to allow these uses.
34. A Specific Plan has been submitted to provide archi-
tectural and design guidelines, development standards,
a phasing plan and infrastructure plans to the satis-
faction of the City.
35. Building height limitations will conform to FAR Part
77 to eliminate conflicts with approach and departure
paths associated with the Los Alamitos Air Field Oper-
ations.
(b) All significant environmental effects that can feasibly be
avoided have been eliminated or substantially lessened by
virtue of mitigation measures identified in the Final EIR
and incorporated into the project as set forth above.
(c) Potential mitigation measures or project alternatives not
incorporated into the project were rejected as infeasible,
based on economic, social and other considerations as set
forth in the Statement of Facts, the Final EIR, and listed
below:
1. The level of analysis now presented is appropriate for
a Specific Plan; if and when particular projects
implementing the Specific Plan are proposed, addition-
al environmental review will be undertaken, and addi-
tional conditions may be imposed to alleviate any ad-
verse impacts. In particular, additional conditions
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167
may be imposed upon submittal of grading plans, site
plans, engineering data, etc.
2. Project alternatives, other than the no development
alternative, would still result in the conversion of
vacant land /agricultural uses to urban uses, with an
accompanying increase in land use intensity, as noted
in the Draft EIR.
3. The Development Regulations, Land Uses and Design
Guidelines sections of the Specific Plan contain
numerous provisions which would act to mitigate poten-
tial land use conflicts. For example, for each land
use type proposed, the Land Uses section defines the
specific uses permitted within the zone. The Develop-
ment Regulations further establish site development
standards such as front yard and side yard setback
requirements, minimum building sites, minimum lot
depth and width, maximum site coverage and maximum
building height. The Design Guidelines section sets
forth criteria and guidelines for landscaping, archi-
tecture and signage.
(d) The remaining, unavoidable significant effect, if any, is
acceptable when balanced against facts set forth above and
in the Statement of Overriding Considerations which fol-
lows. (Attachment B).
163
AESTHETICS
Impact
The conversion of the golf course to an area of urban
development will decrease the amount of open space currently
available within city limits. The project calls for the removal
of a significant number of landmark trees. However, any neces-
sary removal will be accompanied by matching numbers of replace-
ment trees. The project will likely increase levels of glare and
light in the neighborhood surrounding the project. In addition,
view corridors will be impacted.
Findings /Mitigation Measures
(a) Changes and other measures have been included in the project
or are otherwise being implemented which mitigate this sig-
nificant environmental effect, in that:
36. The alteration of site views from that of open space
to intense urban development cannot be fully miti-
gated. However, the development regulations and
Design Guidelines contained in the Specific Plan would
ensure that a quality environment is created.
The Design Guidelines contained in the Specific Plan
include three main topical areas: architectural
design guidelines, signage and landscape /streetscape
guidelines. The following discussion highlights cer-
tain aspects of the Design Guidelines. Refer to the
Specific Plan for additional detail.
Architectural Design Guidelines
The purpose of the architectural design guidelines is
to satisfy the following criteria:
a. Establish a special project identity.
b. Achieve market /corporate appeal.
c. Ensure economic feasibility.
d. Reflect function of uses through architectural
form.
e. Respond to the aesthetic expectations of the
community at- large.
f. Implement the goals of the General Plan.
g. Achieve a blending of design within the existing
Racetrack properties.
h. Assure appropriate architectural review without
unnecessary delays in the development review
process.
The following design elements should be consulted when
reviewing architecture for the Specific Plan area:
i. Avoid long, unarticulated building facades.
Buildings with varietal front setbacks are
strongly encouraged.
Flat roofs with parapet walls to screen rooftop
equipment are appropriate, although buildings
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with articulated varying roof planes are encour-
aged.
k. The use of prefab, all metal steel for sheathing
of buildings is prohibited. This is not to pre-
clude the use of metal detail within architec-
turally designed buildings Such as "Corten"
steel.
1. Conceal all service areas and storage areas
either within the buildings themselves or by
screening walls by a solid masonry or stucco
study wall of one color, preferably with brick
accent trim.
m. Avoid long linear vistas and building edges
within the development envelope and along the
streetscape through variations in setbacks.
n. Whenever possible, do not place employee parking
in the front yard, between the street and build-
ing. Parking should be located to the side or
rear portion of the site whenever possible.
o. Buildings should be sited in a manner that will
complement the adjacent buildings and land-
scape. Building sites should be developed in a
coordinated manner to provide order and diver-
sity and avoid a jumbled, confused street -
scene. Look to the existing development around
the subject site to establish a context in which
to design.
37. If any landmark trees are removed, such trees will be
replaced on -site with an equivalent number of specimen
(24" box or larger) to be incorporated into the land-
scaping treatment of the project site. These replace-
ment trees are in addition to the normal tree planting
requirements.
38. Prior to the issuance of the first building permit on
each subdivided parcel in the Specific Plan area, the
applicant shall pay a feet to the City to offset the
removal of landmark trees. The area of benefit for
such fee shall be coincident with the boundaries of
the Specific Plan area. The amount of such fee shall
be $847 per gross acre (569 trees x $250/tree/167.92
acres). The City shall deposit all fees collected
into a special landmark tree replacement fund and uti-
lize such funds and any accumulated interest for the
purpose of purchasing and planting specimen trees in
the area of benefit.
39. Any monies remaining in the landmark tree fund at the
completion of development shall be made available for
purchasing and planting specimen trees elsewhere with-
in public areas of the City, to the benefit of the
entire community, as determined by the City's Director
of Public Works and Director of Recreation and Parks.
40. Landscaping will be consistent with the Specific Plan
in order to maintain a cohesive theme across the pro-
ject site and to reduce aesthetic impacts associated
with groups of structures on the site from adjacent
roadways and residential properties.
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170
41. Adequate lighting shall be provided for all automobile
parking areas, trucking and loading areas, and all
pedestrian and vehicle access points.
42. Parking lots shall be lighted. All lighting, interior
and exterior, shall be designed and located to mini-
mize power consumption and to confine direct illumina-
tion to the premises.
43. View corridors along adjacent roadways will be pre-
served by means of the design standards (building set-
backs, height limitations, etc.) and landscaping cri-
teria as set forth in the Specific Plan.
(b) All significant environmental effects that can feasibly be
avoided have been eliminated or substantially lessened by
virtue of mitigation measures identified in the Final EIR
and incorporated into the project as set forth above.
(c) Potential mitigation measures or project alternatives not
incorporated into the project were rejected as infeasible,
based on economic, social and other considerations as set
forth in the Statement of Facts, the Final EIR, and listed
below:
1. The level of analysis now presented is appropriate for
a Specific Plan; if and when particular projects
implementing the Specific Plan are proposed, addition-
al environmental review will be undertaken, and addi-
tional conditions may be imposed to alleviate any ad-
verse impacts. In particular, additional conditions
may be imposed upon submittal of grading plans, site
plans, engineering data, etc.
2. Other than the No Development alternative, other
alternatives would result in Aesthetic impacts due to
conversion of land, as discussed in the Draft EIR.
(d) The remaining, unavoidable significant effect, if any, is
acceptable when balanced against facts set forth above and
in the Statement of Overriding Considerations which fol-
lows. (Attachment B).
171
AIR QUALITY
Impact
On site construction will increase both levels of ex-
haust emissions and silicate dust generated during grading and
site preparation. Additional vehicle trips will also lead to
local and regional pollutant load increases.
Findings /Mitigation Measures
(a) Changes and other measures have been included in the project
or are otherwise being implemented which mitigate this sig-
nificant environmental effect, in that:
44. Construction of the proposed project will be required
to be in compliance with SCAQMD Rule 403 which will
reduce fugitive dust amounts by up to 50 percent.
Dust reducing measures will include regular watering
of graded surfaces, restriction of all construction
vehicles and equipment to travel along established and
regularly watered roadways, and requiring operations
that tend to create dust be suspended during windy
conditions.
45. The preferential use of diesel - powered construction
equipment rather than gasoline - powered equipment shall
be considered to affect exhaust emission reductions
and evaporative and crankcase hydrocarbon emission
reductions.
46. Construction equipment shall be properly maintained
and serviced to minimize exhaust emissions.
47. Several measures to mitigate air quality impacts
resulting from development are required, with support
by the County of Orange, and City of Cypress. The
South Coast Air Quality Management Plan (AQMP) has
been utilized as a guideline for these measures.
Since the air quality impacts associated with this
project result from automobile traffic, the most sig-
nificant mitigation measures will take the form of
regional VMT (vehicle miles traveled) reduction prog-
rams. These programs require cooperating participa-
tion of local governments and regional planning which
can be generated by the AQMP process. Support of Fed-
eral and State legislation aimed at lowering air pol-
lution emissions from new cars and trucks will also
result in improved air quality.
48. General measures which shall be applied for the deve-
lopment include (see Traffic and Circulation):
a. Encourage the use of alternative transportation
modes by promoting public transit usage and pro-
viding secure bicycle facilities.
b. Provide mass transit accommodations such as bus
turnout lanes and bus shelters.
c. As a general mitigation measure to air pollu-
tion, vehicular emissions in the Basin would
continue to be reduced through legislative ex-
haust emission controls and increased provisions
for mass transit. (It should be noted that, in
addition to mitigation measures listed above,
there are others aimed at reducing mobile and
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stationary source emissions that are beyond the
control of the County Of Orange and lie within
the realm of other government agencies.)
d. Energy conservation practices, as required by
the Subdivision Map Act, shall be incorporated
into the design of the project to have the
secondary effect of limiting stationary source
pollutants both on and offsite. The applicant
Jjshould consider additional energy conservation
'measures, as indicated in PUBLIC UTILITIES AND
SERVICES.
e. Future phases of development will comply fully
with the Rules and Regulations mandated by
SCAQMD.
f. At future planning stages, the developer will
investigate implementing, where appropriate,
"reasonably available control measures" which
the County Board of Supervisors adopted to sup-
port on April 15, 1980, including:
Energy conserving street lights;
Traffic light synchronization;
Ridesharing; and
Bicycle /pedestrian facilities to reduce
vehicle miles traveled.
(b) All significant environmental effects that can feasibly be
avoided have been eliminated or substantially lessened by
virtue of mitigation measures identified in the Final EIR
and incorporated into the project as set forth above.
(c) Potential mitigation measures or project alternatives not
incorporated into the project were rejected as infeasible,
based on economic, social and other considerations as set
forth in the Statement of Facts, the Final EIR and listed
below:
1. The level of analysis now presented is appropriate for
a Specific Plan; if and when particular projects im-
plementing the Specific Plan are proposed, additional
environmental review will be undertaken, and addition-
al conditions may be imposed to alleviate any adverse
impacts. In particular, additional conditions may be
imposed upon submittal of grading plans, site plans,
engineering data, etc.
2. Although other alternatives may reduce local air qual-
ity impacts, these alternatives were rejected, as dis-
cussed in the Draft EIR, as the project provides em-
ployment land uses in close proximity to residential
areas and transportation facilities, which is consis-
tent with the AQMP and General Plan.
(d) The remaining, unavoidable significant effect, if any, is
acceptable when balanced against facts set forth above and
in the Statement of Overriding Considerations which fol-
lows. (Attachment B).
1,73
NOISE
Impact
Ambient noise levels will be increased and will pose a
significant impact upon the project's surrounding areas. Cumu-
lative traffic levels may increase in some outdoor year areas,
but on -site land uses are not expected to be significantly af-
fected. Any increases will be substantially less than those en-
visioned under the project's original conception.
Findings /Mitigation Measures
(a) Changes and other measures have been included in the project
or are otherwise being implemented which mitigate this sig-
nificant environmental effect, in that:
49. Construction activities will take place only on week-
days and Saturdays between 7:00 a.m. and 8:00 p.m.
(excluding holidays) to reduce noise impacts during
more sensitive time periods.
50. The use and proper maintenance of noise reducing de-
vices on construction equipment will minimize con-
struction related noise.
51. Specific acoustic analyses, performed at the final
plan approval stage, will be required to demonstrate
that on -site areas meet applicable City Noise Ordin-
ance requirements and do not exceed maximum allowable
exterior or interior noise levels. The study shall
assess combined noise impacts from rail, air and motor
vehicle traffic. This shall include proper design
with respect to building location, truck access, park-
ing areas, air conditioning /refrigeration units and
other site features. The analysis shall also provide
a detailed acoustical assessment, to the satisfaction
of the City, which identifies the degree of project
and cumulative noise impacts to offsite sensitive land
uses, mitigation measures to achieve acceptable noise
levels, if any, and a "fair share" plan to mitigate
the project portion of significant cumulative noise
impacts.
52. Design regulations will be instituted to minimize
ground vibrations and noise impacts adjacent to the
railroad tracks on -site.
(b) All significant environmental effects that can feasibly be
avoided have been eliminated or substantially lessened by
virtue of mitigation measures identified in the Final EIR
and incorporated into the project as set forth above.
(c) Potential mitigation measures or project alternatives not
incorporated into the project were rejected as infeasible,
based on economic, social and other considerations as set
forth in the Statement of Facts, the Final EIR, and listed
below:
1. The level of analysis now presented is appropriate for
a Specific Plan; if and when particular projects im-
plementing the Specific Plan are proposed, additional
environmental review will be undertaken, and addition-
al conditions may be imposed to alleviate any adverse
impacts. In particular, additional conditions may be
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174
imposed upon submittal of grading plans, site plans,
engineering data, etc.
2. Although other alternatives may result in reduced
noise impacts, they have been rejected in favor of the
proposed project, as discussed in the Draft EIR and
Attachment B.
(d) The remaining, unavoidable significant effect, if any, is
acceptable when balanced against facts set forth above and
in the Statement of Overriding Considerations which follows
(Attachment B).
173
PUBLIC SERVICES AND UTILITIES
Impact
The proposed project will incrementally increase demand
for public services /utilities including police and fire protec-
tion, solid waste disposal, water supply, wastewater disposal,
electricity, natural gas, and telephone.
Findings /Mitigation Measures
(a) Changes and other measures have been included in the project
or are otherwise being implemented which mitigate this sig-
nificant environmental effect, in that:
Water
53. As required by state law, the following water conser-
vation measures will be incorporated into the project:
Low -flush toilets
Low -flush showers and faucets
Insulation of hot -water lines in water recirculating
systems
54. The following water conservation measures suggested by
the Department of Water Resources shall be implemented
where applicable and feasible:
Interior
Supply Line Pressure: Recommend water pressure
greater than 50 pounds per square inch (psi) be
reduced to 50 psi or less by means of a pressure
reducing valve.
Flush Valve Operated Water Closets: Recommend 3
gallons per flush.
Drinking Fountains: Recommend equipped with
self- closing valves.
Pipe Insulation: Recommend all hot water lines
be insulated to provide hot water faster with
less water waste and to keep hot pipes from
heating cold water pipes.
Exterior
Consider landscaping with low water - consuming
plants wherever feasible.
Use mulch extensively in all landscaped areas.
Mulch applied on top of soil will improve the
water - holding capacity of the soil by reducing
evaporation and soil compaction.
Install efficient irrigation systems which mini-
mize runoff and evaporation and maximize the
water which will reach the plant roots. Drip
irrigation, soil moisture sensors and automatic
irrigation systems are a few methods to consider
in increasing irrigation efficiency and may be
feasible for the project.
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176
Use pervious paving material whenever feasible
to reduce surface water runoff and aid in
groundwater recharge.
Investigate the feasibility of utilizing re-
claimed wastewater, stored rain water or gray
water for irrigation.
Wastewater
55. Implementation of the water conservation measures re-
quired in the Water section of this EIR will reduce
the amount of wastewater generated by the project.
All required sewer improvements will be designed
and constructed to City standards. Sewer
improvements must be approved by the City
Engineer prior to development.
The developer will be required to finance the
sewer connection fee in order to obtain waste-
water collection and treatment services.
56. The developer shall cause to be completed a Sanitation
Districts of Orange County (Districts) Master Plan
analysis to confirm the capacity of the present sewer
transmission /treatment system and /or determine the
necessary improvements to said system resulting from
the ultimate development of the proposed project. An
agreement shall be entered into between the City, the
districts and the developer to design and construct
those facilities found to be necessary by said anal-
ysis, that are directly attributable to the develop-
er's project. Said analysis, design and construction
shall be performed at the developer's sole expense.
The analysis shall be completed and accepted by both
the City and the Districts, and the agreement executed
by all parties prior to the City's acceptance of the
developer's application for the tentative or parcel
map subdividing the Specific Plan area.
Solid Waste Disposal
57. The following mitigation measures are suggested to
reduce the impacts associated with increase in solid
waste generation from the proposed project:
Compacting refuse will substantially reduce the
number of refuse hauling trips and allow for
more effective and sanitary disposal.
Where feasible, voluntary refuse separation
would also help to reduce the ultimate quantity
of solid waste deposited in local landfills by
allowing for recycling /resource recovery.
- Any hazardous waste that is generated on -site
shall be transported to an appropriate disposal
facility by a licensed hauler.
Electricity
58. As stated by Southern California Edison, the developer
will be responsible for installing underground elec-
tric lines within the development.
Natural Gas
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177
59. The Southern California Gas Company requires the fol-
lowing measures for extension of services within the
development.
a. Easements are required for all mains not in-
stalled in a public right -of -way.
b. All services and facilities built will be in
accordance with policies and extension rules of
the California Public Utilities Commission and
federal regulatory agencies.
Telephone
60. All telephone service will be in accordance with the
tariffs and regulations on file with the California
Public Utilities Commission.
Police Services
61. The adequacy of police services will be reviewed by
the Police Department during the project design and
implementation stages and mitigation needs, as appro-
priate, will be identified.
62. Police services to the development will be enhanced
through the provision of adequate street lighting,
clEarly marked street names and building numbers and
security hardware. Consultation with the Pclice
Del artment during subsequent stages of project design
anc implementation may produce other measures to
facilitate adequate police services to the development
and minimize potential crime problems.
Fire Services
63. The developer will coordinate with the Orange County
Fire Department and City of Cypress to ensure that
adequate fire protection is provided to the subject
property.
All buildings will be constructed in conformance
with adopted City Building, Plumbing and Elec-
trical Codes.
The proposed project will include a water system
of sufficient flow capacity and pressure for the
proposed land uses and fire protection.
The Orange County Fire Department will review
detailed development plans to ensure adequate
access and fire protection facilities are pro-
vided.
Built -in fire protection, such as smoke detec-
tion devices, automatic fire sprinkler systems,
fire - retardant building materials and shrubbery
and prominent placement of rescue service tele-
phone numbers will be incorporated into the pro-
ject.
School Services
64. Pursuant to A.B. 2926, School Districts may assess
developers a maximum of $0.25 per square foot for com-
mercial developments to provide for school facilities.
(b) All significant environmental effects that can feasibly be
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1'78
avoided have been eliminated or substantially lessened by
virtue of mitigation measures identified in the Final EIR
and incorporated into the project as set forth above.
(c) Potential mitigation measures or project alternatives not
incorporated into the project were rejected as infeasible,
based on economic, social and other considerations as set
forth in the Statement of Facts, the Final EIR, and listed
below:
1. The level of analysis now presented is appropriate for
a Specific Plan; if and when particular projects im-
plementing the Specific Plan are proposed, additional
environmental review will be undertaken, and addition-
al conditions may be imposed to alleviate any adverse
impacts. In particular, additional conditions may be
imposed upon submittal of grading plans, site plans,
engineering data, etc.
2. Given the project's urban location, adequate capacity
is generally available for the requisite public ser-
vices and utilities. "Will serve" letters will be
obtained prior to approval of tentative tract maps for
the subject project.
(d) The remaining, unavoidable significant effect, if any, is
acceptable when balanced against facts set forth above and
in the Statement of Overriding Considerations which follows
(Attachment B).
179
SOCIOECONOMICS /FISCAL EFFECTS
Impact
The proposed project would generate approximately 7,500
jobs; however, this would act to further balance the jobs -to-
employed- residents ratio for the area since northwestern Orange
County is deficient in the number of jobs available compared to
the area's resident work force. The project would provide
approximately $862,000 in net annual fiscal benefit.
Findings /Mitigation Measures
(a) Changes and other measures have been included in the project
or are otherwise being implemented which mitigate this sig-
nificant environmental effect, in that:
65. A number of the programs contained in the City's Hous-
ing Element would help to reduce the impact of the
project on housing.
66. A reduction in the amount of development allowed in
the Cypress Business Park or designating additional
land for residential development would reduce this
problem. Since the general northwestern Orange County
area is deficient in the number of jobs available for
its resident labor force, this project would act to
further balance the jobs /employed residents ratio.
(b) All significant environmental effects that can feasibly be
avoided have been eliminated or substantially lessened by
virtue of mitigation measures identified in the Final EIR
and incorporated into the project as set forth above.
(c) Potential mitigation measures or project alternatives not
incorporated into the project were rejected as infeasible,
based on economic, social and other considerations as set
forth in the Statement of Facts, the Final EIR and listed
below:
1. The level of analysis now presented is appropriate for
a Specific Plan; if and when particular projects im-
plementing the Specific Plan are proposed, additional
environmental review will be undertaken, and addition-
al conditions may be imposed to alleviate any adverse
impacts. In particular, additional conditions may be
imposed upon submittal of grading plans, site plans,
engineering data, etc.
2. Since the general northwestern Orange County area is
deficient in the number of jobs available compared to
the area's resident work force, the additional jobs
generated by the project would act to further balance
the jobs -to- employed- residents ratio for the area.
3. The project provides a positive revenue source for the
City.
(d) The remaining, unavoidable significant effect, if any, is
acceptable when balanced against facts set forth above and
in the Statement of Overriding Considerations which follows
(Attachment B).
180
EARTH RESOURCES
Impact
The possibility of on -site liquefaction resulting from
intense groundshaking is considered high.
Findings /Mitigation Me`uies
(a) Changes and other measures have been included in the project
or are otherwise being implemented which mitigate this sig-
nificant environmental effect, in that:
67. Structures shall be designed to withstand anticipated
groundshaking caused by future earthquake within an
• ► acceptable level of risk; i.e., high risk zone, as
designated by the City's latest adopted edition of the
Uniform Building Code.
68. The following mitigation measures have been designed
to alleviate potential geological impact associated
with the proposed development and shall be implemented
if feasible.
a. As identified by the County of Orange and the
Soil Conservation Service, there may be several
soil - related hazards, such as high groundwater
and liquefaction, that could have a significant
adverse impact on future development. There-
fore, a soils engineering and geologic study
shall be undertaken and submitted to the City
Engineer for approval prior to submittal of
final development plans. Said study shall ac-
curately assess the potential for high ground-
water and liquefaction on the subject property
and identify appropriate corrective measures,
such as over excavation and recompaction and /or
structure reinforcement. In addition, this
study shall determine specific foundation /engin-
eering parameters for the proposed project.
b. Grading shall be conducted during the dry season
to reduce on -site soil erosion.
(b) All significant environmental effects that can feasibly be
avoided have been eliminated or substantially lessened by
virtue of mitigation measures identified in the Final EIR
and incorporated into the project as set forth above.
(c) Potential mitigation measures or project alternatives not
incorporated into the project were rejected as infeasible,
based on economic, social and other considerations as set
forth in the Statement of Facts, the Final EIR, and listed
below:
1. Tha level of analysis now presented is appropriate for
a Specific Plan; if and when particular projects im-
plementing the Specific Plan are proposed, additional
environmental review will be undertaken, and addition-
al conditions may be imposed to alleviate any adverse
impacts. Additional conditions may be imposed upon
completion of soils test for individual projects.
2. Other than the No Development alternative, other pro-
ject alternatives would result in similar impact to
earth resources.
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(d) The remaining, unavoidable significant effect, if any, is
acceptable when balanced against facts set forth above and
in the Statement of Overriding Considerations which follows
(Attachment B).
182
DRAINAGE AND HYDROLOGY
Impact
Development of the site will result in an increased
amount of storm water runoff. In addition, an increase in urban
pollutants is to be expected.
Findings /Mitigation Measures
(a) Changes and other measures have been included in the project
or are otherwise being implemented which mitigate this sig-
nificant environmental effect, in that:
69. To mitigate local drainage problems, storm drains
shall be installed into the study area as well as
streets capable of carrying runoff. These systems
shall be planned in accordance with City master plans.
70. Exposed soils areas shall be planted where appropriate
to control downstream sedimentations.
71. Development within 100 -year flood zone areas shall be
subject to all applicable construction and floodproof-
ing requirements (i.e., height of lowest flow must be
at least one foot above the design flood level or be
protected by floodproofing). Review for compliance in
this regard will occur during subsequent tentative
subdivision planning stages.
72. Developer will pay Master Planned Drainage fees not
offset by construction of Master Planned Facilities.
(b) All significant environmental effects that can feasibly be
avoided have been eliminated or substantially lessened by
virtue of mitigation measures identified in the Final EIR
and incorporated into the project as set forth above.
(c) Potential mitigation measures or project alternatives not
incorporated into the project were rejected as infeasible,
based on economic, social and other considerations as set
forth in the Statement of Facts, the Final EIR, and listed
below:
1. The level of analysis now presented is appropriate for
a Specific Plan; if and when particular projects im-
plementing the Specific Plan are proposed, additional
environmental review will be undertaken, and addition-
al conditions may be imposed to alleviate any adverse
impacts. In particular, additional conditions may be
imposed upon submittal of grading plans, site plans,
engineering data, etc.
2. Alternatives to the proposed project would create sim-
ilar hydrologic impacts. No development would reduce
or eliminate the introduction of urban pollutants but
would result in long -term erosion and sedimentation
impacts.
(d) The remaining, unavoidable significant effect, if any, is
acceptable when balanced against facts set forth above and
in the Statement of Overriding Considerations which follows
(Attachment B).
CULTURAL /SCIENTIFIC RESOURCES
Impact
No known archaeological or historical sites will be dis-
rupted by the development of the project. Therefore, the impacts
to cultural resources are considered insignificant.
Findings /Mitigation Measures
No finding is required, pursuant to CEQA Guidelines Sec-
tion 15091.
184
BIOLOGICAL RESOURCES
Impact
Development of the study area will result in the dis-
placement of 87 acres of former golf course landscaping vegeta-
tion and 32 acres of ruderal vegetation, infilling three of the
four man -made lakes within the golf course. The project would
displace many of the landmark trees on -site. The construction
activity would further disturb and endanger wildlife in the
area. Many species would be forced to move to alternative habi-
tants.
Findings /Mitigation Measures
(a) Changes and other measures have been included in the project
or are otherwise being implemented which mitigate this sig-
nificant environmental effect, in that:
73. The design guidelines within the Specific Plan call
for extensive landscaping within the development, pro-
viding an increased variety of introduced plant
species. Retention of certain landmark trees and the
introduction of additional landscaping, including 569,
24 -inch box or larger trees to replace removed land-
mark trees, will provide forage and cover for the
resident bird and mammal population.
74. Pursuant to Cypress City Code, Section 17 -17 through
17 -27, the City will require the retention of 432 of
the on -site trees. The following specific mitigation
measures have been identified by the City (refer to
the 1986 Cypress Plaza Final EIR):
o Areas 1 and 2 (see Figure 5) -- All trees may be
removed except for the 12 trees identified in
Appendix F. The 12 trees must be relocated to
another on -site location or an offsite location
designated by the City, if removed.
o Area 3 -- All trees may be removed.
o Area 4 -- Not affected by the project.
o Area 5 -- All trees must be protected in place.
o Area 6 -- All trees must be protected in place.
75. As provided in AESTHETICS above (Measures 33 -36), the
Specific Plan Development must incorporate Landmark
Tree Replacement Policies as conditions of approval.
(b) All significant environmental effects that can feasibly be
avoided have been eliminated or substantially lessened by
virtue of mitigation measures identified in the Final EIR
and incorporated into the project as set forth above.
(c) Potential mitigation measures or project alternatives not
incorporated into the project were rejected as infeasible,
based on economic, social and other considerations as set
forth in the Statement of Facts, the Final EIR, and listed
below:
1. The level of analysis now presented is appropriate for
a Specific Plan; if and when particular projects
implementing the Specific Plan are proposed, addition-
al environmental review will be undertaken, and addi-
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tional conditions may be imposed to alleviate any ad-
verse impacts. In particular, additional conditions
may be imposed upon submittal of grading plans, site
plans, engineering data, etc.
2. The project will retain water surface features to al-
low habitat for resident or migratory birds presently
using the site.
(d) The remaining, unavoidable significant effect, if any, is
acceptable when balanced against facts set forth above and
in the Statement of Overriding Considerations which follows
(Attachment B).
186
OPEN SPACE
Impact
The proposed project will result in the reduction of
open space by 120 acres. In addition, the proposed development
will displace the existing golf course forcing residents of the
City of Cypress to travel several miles to seek alternative
facilities.
Findings /Mitigation Measures
(a) Changes and other measures have been included in the project
or are otherwise being implemented which mitigate this sig-
nificant environmental effect, in that:
76. The alteration of site views from that of open space
cannot be fully mitigated. However, several mitiga-
tion measures are available to reduce these impacts.
These include:
a. Implementation of the City's Landmark Tree Ordi-
nance.
b. Implementation of the Design Guidelines con-
tained in the Specific Plan.
c. Implementation of the Landscape Guidelines.
d. Retention and /or expansion of existing water
features.
(b) All significant environmental effects that can feasibly be
avoided have been eliminated or substantially lessened by
virtue of mitigation measures identified in the Final EIR
and incorporated into the project as set forth above.
(c) Potential mitigation measures
incorporated into the project
based on economic, social and
forth in the State of Facts,
below:
or project alternatives not
were rejected as infeasible,
other considerations as set
the Final EIR, and listed
1. The level of analysis now presented is appropriate for
a Specific Plan; if and when particular projects
implementing the Specific Plan are proposed, addition-
al environmental review will be undertaken, and addi-
tional conditions may be imposed to alleviate any ad-
verse impacts. In particular, additional conditions
may be imposed upon submittal of grading plans, site
plans, engineering data, etc.
2. The subject open space is private land and does not
contribute to the public open space goals referred to
in the City's Open Space Element.
3. Project alternatives of different urban uses would
result in similar landform impacts.
(d) The remaining, unavoidable significant effect, if any, is
acceptable when balanced against facts set forth above and
in the Statement of Overriding Considerations which follows
(Attachment B).
187
PUBLIC SAFETY
Impact
Public safety issues could result due to the handling of
hazardous materials on the site, and aircraft hazards due to the
proximity of the Los Alamitos Army Airfield.
Findings /Mitigation Measures
(a) Changes and other measures have been included in the project
or are otherwise being implemented which mitigate this sig-
nificant environmental effect, in that:
Hazardous Materials
77. 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 and
Orange County Health Care Agency. (The EPA has autho-
rized the State, which has authorized the County, to
administer the Federal hazardous material management
regulations.) Storage of hazardous materials must
also be conducted in accordance with the City of
Cypress' Hazardous Materials Disclosure Ordinance.
78. Industries which store hazardous materials in under -
gr)und tanks shall obtain permits and comply with
standards set forth by the State Regional Water Qual-
itr Control Board.
79. If surface water is collected anywhere on the project
site for discharge as a point source, or if a point
source discharge is contemplated, a National Pollution
Discharge Elimination System (NPDES) permit must be
obtained from the State to satisfy Federal require -
me.zts .
80. A1L generators and transporters of hazardous materials
shall acquire necessary safety equipment, which in-
clude: a telephone or radio for emergency communica-
tions; protective clothing and equipment for employee
safety (e.g., breathing apparatus, respirator,
goggles, boots); warning or alarm system; readily
available safety shower and eyewash; first aid sup-
plies.
81. All major industries proposing to connect to or dis-
charge into the Orange County Sanitation District
sewer system must first obtain the appropriate Waste-
water Discharge Permit dependent upon the volume and
characteristics of wastewater to be discharged.
Qualities of the daily wastewater discharges by these
industries shall comply with rules and regulations
pertinent to the type of Wastewater Discharge Permit
obtained.
Aircraft Hazards
82. At least 30 days prior to the issuance of building
permits for any structure penetrating the 100:1
imaginary surface, the project proponent 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 project appli-
cant will comply with all appropriate FAA standards
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and requirements. The findings of the FAA will be
transmitted to the City of Cypress prior to the appli-
cation for building permits.
(b) All significant environmental effects that can feasibly be
avoided have been eliminated or substantially lessened by
virtue of mitigation measures identified in the Final EIR
and incorporated into the project as set forth above.
(c) Potential mitigation measures
incorporated into the project
based on economic, social and
forth in the State of Facts,
below:
or project alternatives not
were rejected as infeasible,
other considerations as set
the Final EIR, and listed
1. The level of analysis now presented is appropriate for
a Specific Plan; if and when particular projects
implementing the Specific Plan are proposed, addition-
al environmental review will be undertaken, and addi-
tional conditions may be imposed to alleviate any ad-
verse impacts. In particular, additional conditions
may be imposed upon submittal of grading plans, site
plans, engineering data, etc.
2. Project alternatives, other than the no development
alternative, would still result in the conversion of
vacant land /agricultural uses to urban uses, with an
accompanying increase in land use intensity.
(d) The remaining, unavoidable significant effect, if any, is
acceptable when balanced against facts set forth above and
in the Statement of Overriding Considerations which follows
(Attachment B).
139
ATTACHMENT B
STATEMENT OF OVERRIDING CONSIDERATIONS
State EIR Guidelines (Guidelines) promulgated pursuant
to the California Environmental Quality Act (CEQA) provide in
part:
"(a) CEQA requires the decision -maker
to balance the benefits of a proposed pro-
ject against its unavoidable environmental
risks in determining whether to approve the
project. Where agencies have taken action
resulting in environmental damage without
explaining the reasons which supported the
decision, courts have invalidated the
action.
"(b) Where the decision of the public
agency allows the occurrence of significant
effects which are identified in the Final
EIR but not mitigated, the agency must state
in writing the reasons to support its action
based on the Final EIR and /or other informa-
tion records. This statement may be neces-
sary if the agency also makes the finding
under Section 15091 (a)(2) or (3).
"(c) If an agency makes a statement
of overriding considerations, the statement
should be included in the record of the pro-
ject approval and should be mentioned in the
Notices of Determination." (Section 15094 of
the Guidelines.)
The City Council proposes to amend the General Plan for the City
of Cypress, adopt Specific Plan No. 88 -4 and change the zoning
designation of the study area. Because the action constitutes a
project under CEQA and the Guidelines, an Environmental Impact
Report (EIR) and Supplemental EIR have been prepared by the City
of Cypress. The EIRs have identified certain significant effects
that will follow from this project and the City Council desires
to approve this project. After determining that the Supplemental
EIR is complete and has been prepared in accordance with the CEQA
and the Guidelines, and making the Statements of Facts above, the
City Council has also weighed the significant effects of the pro-
ject against the overriding consideration noted as follows:
1. The project represents an opportunity for the City to derive
substantial financial gains through property tax and tax
increment revenues, sales tax, transient occupancy tax, and
revenues from other sources. With the exception of the
horse racetrack, no substantial revenue is currently gene-
rated from the project site. The project is expected to
generate approximately $862,000 in net annual revenue to the
City.
2. Implementation of the project will result in substantial
traffic improvements and public infrastructure improvements
to the subject site.
3. The project, at ultimate development will provide an esti-
mated 7,700 jobs.
4. Implementation of this project will promote the objectives
of the City's General Plan by providing consistency of land
use within the Cypress Business Park.
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190
5. The project represents a logical extension of urban services
and facilities, and the infilling of vacant urban land.
6. The project is consistent with recent growth projections
developed by the Southern Caljf ?rnia Association of Govern-
ments for the City of Cypress.''{
7. The Specific Plan will provide a comprehensive and coordi-
nated development plan for the study area.
8. The type and intensity of development proposed is compatible
with other business park and commercial uses in the greater
Cypress Industrial Area.
9. The project provides for business park and commercial uses
of a greater economic viability than that of the current
vacant land.
10. The project will make the City more competitive with adja-
cent communities by providing a high quality office /commer-
cial environment with supporting services and amenities.
11. Although the project will significantly increase traffic in
the area, the project will provide important roadway
improvements to an area expected to experience rapid urban-
ization regardless of development of the project.
12. The project will contribute to improvement of roadways and
bus facilities and will provide for alternative transporta-
tion opportunities through the implementation of programs
promoting bicycle facilities, ride sharing and work flex-
time.
191
ATTACHMENT C
CONDITIONS OF APPROVAL FOR SPECIFIC CONDITIONS
CYPRESS DOWNS
1. All applicable mitigation measures proposed in the Cypress
Plaza Final Environmental Impact Report and Conditions of
Approval adopted September 22, 1986, and amended in the
Cypress Downs Supplemental Final Environmental Impact
Report, shall be implemented in conjunction with development
pursuant to this Specific Plan No. 88 -4. To the extent
there is any inconsistency between the Cypress Plaza Final
Environmental Impact Report and Conditions of Approval dated
September 22, 1986, and the Cypress Downs Supplemental Final
Environmental Impact Report, the most recent document shall
prevail.
2. Execution of and performance of all obligations of the
developer as set forth in the draft Development Agreement
between the applicant and the City, dated as of August 4,
1988, which is on file with the City Clerk and is
incorporated herein by reference, and any amendments thereto
incorporated as a result of the public review period, shall
be required as conditions of approval of this Specific Plan
No. 88 -4.
3. Covenants, Conditions and Restrictions shall be subject to
approval by staff and the City Attorney.
4. The developer shall implement all traffic mitigation
measures described in Section E of the document.
Intersection improvements in the City of Los Alamitos shall
be subject to that City's discretion. If any mitigation
measure is found to be infeasible for any reason, the
developer must provide an alternative solution which meets
the intent of the original mitigation measure, as determined
by the City Council. In addition, the developer shall pay
to the City of Cypress for traffic impact mitigation
improvements the traffic impact mitigation fee per Ordinance
No. 778 and the fee resolution in effect at the time said
fee is paid.
5. The developer waives for himself, his successors and assigns
the right to protest the formation of an assessment
district, major, thoroughfare benefit 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 occurs, the assessment shall, at the City's
discretion, be pro rata within the 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
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potential), less commercial /retail areas. The area of
benefit and method of spreading the assessment will be
determined ythe City at its discretion and in accordance
with applicable laws and regulations.
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 participate in the
Transportation Systems Management 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 consultant. 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 cause to be constructed all streets,
sewers, storm drainage systems and retention basins, water
lines, undergrounding of power lines and removal of poles,
traffic signals and signal upgrades, landscaping, irrigation
systems, and any other public improvements and
infrastructure required on the land within the Specific Plan
area and in the public right -of -way adjacent thereto.
Prior to City's acceptance of the developer's application
for the tentative or parcel map subdividing the Specific
Plan area, he shall submit complete, detailed hydrology and
hydraulic calculations, including necessary soil boring data
and preliminary design of all retention basins and pumping
facilities necessary to drain the entire Specific Plan
area. Such submittal shall also include all necessary
permits from the County of Orange for ultimate drainage into
the Carbon Creek Channel and Bolsa Chica Channel.
Sufficient detail in said submittal shall be included as
determined necessary by the City Engineer.
As a condition of the tentative or parcel map subdividing
the Specific Plan area, a maintenance assessment district,
to be administered by the City, shall be formed to provide
for the perpetual maintenance and operation of all retention
basins, pumping facilities and ancillary services, equipment
and facilities. Said district shall be formed prior to
approval of the final map for the Specific Plan area.
7. The following Landmark Tree Replacement Policy shall be
incorporated into the development conditions for the
Specific Plan area.
a. Prior to issuance of the first building permit on each
subdivided parcel in the Specific Plan area, the
developer shall pay a fee to the City to offset the
removal of landmark trees. The Area of Benefit for
such fee shall be coincident with the boundaries of
the Specific Plan area. The amount of such fee shall
be $847 per gross acre (569 trees times $250 /tree
divided by 167.9 acres).
b. The City shall deposit all fees collected into a
special Landmark Tree Replacement Fund.
c. The City shall utilize deposited funds, and any
accumulated interest, for the purpose of purchasing
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193
and planting specimen trees in the Area of Benefit.
The sizes, species and locations of said trees shall
be compatible with the landscape theme of the Specific
Plan as determined by the City's Director of Public
Works and Planning Director. Funds may also be used
to replace existing landmark trees in the Area of
Benefit which may die or otherwise require removal.
d. Any monies remaining in the Landmark Tree Replacement
Fund, at the completion of the development within the
Area of Benefit, shall be made available for
purchasing and planting specimen trees elsewhere
within the public areas of the City, to the benefit of
the entire community, as determined by the City's
Director of Public Works and Director of Recreation
and Parks.
8. Drainage fees, as required per the Master Plan of Drainage,
shall be payable as each Planning Area develops, prior to
issuance of the first building permit within each Planning
Area of Specific Plan No. 88 -4; said fees shall be based on
the gross acreage of said Planning Areas (measured to street
centerlines) . Fees shall be paid at the rate in effect at
the time of payment.
9. Construction of Denni Street north of Katelia Avenue may
require an easterly offset to facilitate alignment with
Lexington Drive south of Katelia Avenue. Sufficient
additional right -of -way dedication and additional street
construction shall be required of the developer, on the east
side of Denni Street between Katelia Avenue and the eastwest
interior road, to provide such alignment. The development
of Planning Area 8 will be contingent on the construction of
ultimate Denni Street improvements between Katelia Avenue
and the east -west interior roadway.
10. Future access from Denni Street to Planning Area 10, lying
east of Planning Area 1, south of Planning Area 2 and north
of Planning Area 9, will be provided by a minimum 80 ft.
wide set -aside area for future public street and utility
purposes within which no development will occur. Said 80
ft. width may include the existing railroad right -of -way
adjacent to Planning Area 1; however, the entire 80 ft.
right -of -way shall be dedicated at the time of site
development approval for Planning Area 1.
11. All existing secondary and primary utility services shall be
relocated underground, except that the existing utility
poles along the south side of Cerritos Avenue, and existing
wires thereon, will be allowed to remain due to the
extremely high voltage transmission lines. The developer,
at the time of developing Planning Areas 2 and 3, shall
deposit in a trust fund the cash amount (based on an
estimate from Southern California Edison Company and
approved by the City) for undergrounding the system with the
exclusion of the high voltage transmission lines. This
amount will be kept on deposit for the future use of the
City in undergrounding the entire system along Cerritos
Avenue at a later date.
12. Prior to City's acceptance of the developer's application
for the tentative or parcel map subdividing the Specific
Plan area, the developer shall submit a precise landscape
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194
plan and schedule for implementation for the perimeter edge
and major entry areas. This plan shall be reviewed and be
subject to approval of the Design Review Committee.
13. Prior to City's acceptance of the developer's application
for the tentative or parcel map subdividing the Specific
Plan area, the developer shall submit a plan describing the
shared access and parking agreement between Cypress Downs
and Los Alamitos Race Course. This shared access and
parking plan shall be reviewed and be subject to approval of
the Design Review Committee.
14. At the time of submittal of a development application for
Area 2 (PS Public /Semi - Public Zone), the developer shall
submit a plan describing the provision for City access and
use of recreational amenities in agreement with proposed
church and /or school facilities. This plan shall be
reviewed and approved by the Cypress Community Services and
Parks Corimission.
15. All signage for the Cypress Downs Planned Community shall be
in conformance with the Sign Program set forth in the
Cypress Downs Specific Plan Section VII.C. All signs are
subject to review and approval by the Design Review
Committee.
16. The developer shall cause to be completed a Sanitation
Districts of Orange County (Districts) Master Plan analysis
to confirm the capacity of the present sewer
transmission /treatment system and /or determine the necessary
improvements to said system resulting from the ultimate
development of the proposed project. An agreement shall be
entered into between the City, the districts and the
developer to design and construct those facilities found to
be necessary by said analysis, that are directly
attributable to the developer's project. Said analysis,
design and construction shall be performed at the
developer's sole expense. The analysis shall be completed
and accepted by both the City and the District, and the
agreement executed by all parties prior to the City's
acceptance of the developer's application for the tentative
or parcel map subdividing the Specific Plan area.
17. Contingent on sufficient, existing right of way in the city
of Los Alamitos, the developer shall widen the south side of
Katella Avenue, from Lexington Drive to Ticonderoga Drive,
to ultimate half -width per the County Master Plan of
Arterial Highways, (including reconstruction of Katella
Avenue median islands) to accommodate required additional
turning storage lanes on Katella Avenue. If said existing,
south right of way is not available, the developer shall
dedicate and widen the north side of Katella Avenue
including reconstruction of Katella Avenue median islands)
to provide additional turning storage lanes into the project
site only, as required by the other project traffic
mitigation measures. No part of this condition shall
eliminate or limit the responsibility of the developer to
dedicate and improve the north side of Katella Avenue,
adjacent to the project site, to ultimate width per the
County Master Plan of Arterial Highways.
18. The developer and the Cities of Cypress and Los Alamitos
shall enter into an agreement, the elements of which shall
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include:
193
(1) A description of the traffic and other mitigation
measures partially or wholly within the City limits of Los
Alamitos, which shall be accomplished (a) directly by the
developer, at the developer's cost; and (b) by the City of
Los Alamitos, with financial contribution from the developer
(on an agreed -upon, fixed amount) and (for certain projects)
cooperative grant funding from other agencies;
(2) A stipulation that the mitigation measures to be
accomplished by the City of Los Alamitos shall be
accomplished at the City's earliest opportunity, considering
the availability of said cooperative funding; if any of the
said agreed mitigation measures is subsequently deemed to be
infeasible by the City of Los Alamitos, alternative,
equivalent measures shall be implemented; said alternative
measures and their equivalencies shall be at the City of Los
Alamitos' discretion;
(3) An agreement by the City of Los Alamitos to assist the
developer in acquiring the right of way necessary to
construct Denni Street (Lexington Drive), north of Katella
Avenue, including holding a hearing to consider adoption of
a Resolution of Necessity for said acquisition by eminent
domain, if necessary; the developer shall reimburse the
other parties for all administrative costs and the developer
shall pay all costs of right of way purchase.
19. The developer shall defend, indemnify, and hold harmless the
City and any agency thereof, or any of its agents, officers,
and employees from any and all claims, actions, or
proceedings against the City or any agency thereof, or any
of its agents, officers or employees, to attack, set aside,
void, or annul, an approval of the City, or any agency
thereof, advisory agency, appeal board, or legislative body,
including actions approved by the voters of the City,
concerning the project, which action is brought within the
time period provided for in Section 66499.37 of the
Government Code and Sections 21152 and 21167 of the Public
Resources Code of the State of California. City shall
promptly notify the developer of any claim, action, or
proceeding brought within this time period. City shall
further cooperate fully in the defense of the action and
should the City fail to either promptly notify or cooperate
fully, developer shall not thereafter be responsible to
defend, indemnify, or hold harmless the City.
20. The developer shall meet all of the Conditions of Approval
in Exhibit 1, attached hereto and hereby incorporated herein
by reference, as adopted by the City Council upon the
passage of this Resolution.
21. The text of the Cypress Downs Specific Plan shall be amended
as follows:
* Throughout the entire document, the following revisions
apply:
A. Any and all references contained in the Specific Plan
regarding an election, (regular, general, special, or
consolidated), occurring on the Project or any element
thereof, shall be amended to read as follows: "An
election on this Project will be held in 1989."
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196
B. The Specific Plan will be amended to reflect that in
addition to a 135 foot building height limit, no
building shall be greater than eight stories in
height.
C. With regard to building setbacks, the Specific Plan
shall be amended to reflect the following changes to
Planning Area 7:
(a) all buildings less than or equal to forty -
five (45) feet in height shall have a minimum forty (40) foot
setback;
(b) all buildings greater than forty -five (45)
feet in height but less than eighty -five (85) feet in height
shall have a minimum one hundred (100)) foot setback;
(c) all buildings greater than eight -five (85)
feet in height shall have a minimum two hundred (200) foot
setback; and
(d) no building shall exceed ninety -nine (99)
feet in height.
D. The Specific Plan shall be amended to clarify that the
land uses adjacent to Katella Avenue will also be
buffered from the street by a fully landscaped berm
predominantly 6 feet in height.
* Exhibit 5
The sizes of the existing water lines in Cerritos Avenue shall be
designated.
* Page III - 4
The Specific Plan, section 5.2 shall be amended by replacing the
word "discourage" with the word "prohibit."
* Page III - 7
Line three shall read "....be placed in public streets and
easements."
* Exhibit 7
The designation of Walker Street as an arterial highway shall be
shown to terminate at, and not extend southerly of, Katella
Avenue.
* Page IV - 4
Line six shall read "....the project site directly onto Katella
Avenue, except limited (right turns in and out only) access to
Planning Area 8, to be determined at the time of site
development."
* Page V - 3
Item 5 shall be amended to read as follows: "Any persons, firm
or corporation, whether a principal, agent, employee or
otherwise, violating any provisions of these regulations shall be
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made to comply with the City of Cypress Zoning Code and other
applicable City Code Sections."
* Page VI - 2
Lines four and five of the Building Heights criteria shall be
revised to read "....crosses, etc., which should not cause the
maximum, total building height to exceed 75 feet. Ultimately,
building heights...."
* VII - 4
On line two, the word "should" shall be changed to read "shall ".
* Page - VII - 8
Line five under "Project Entries - Design Intent" shall refer to
"3:1" slopes.
* Exhibit 9
The Enterprise Drive entry landscaping shall be designated a
minor entry to agree with the text (Page VII -9). The section
lines for cross sections 7 on Katella Avenue and 12 along the
railroad track shall be corrected to agree with the accompanying
details on Exhibits 12 and 14, respectively.
* Page VII - 9
Line two of the description of minor entries shall be referenced
to Exhibit 11. The description of the "less formal arrangement"
of the palms on minor entries shall be corrected to agree with
the Enterprise Drive plan shown on Exhibit 9.
* Exhibit 11
Typical plan view No. 6 shall be correctly titled "Walker Street
between Street A and Cerritos Avenue and along Cerritos Avenue."
* Exhibit 12
Cross section 7 shall designate Walker Street as well as Katella
Avenue. Plan view No. 7 shall be corrected to read "Katella
Avenue and Walker Street south of Street A ". Cross section 8
shall be corrected to read "Lexington Street /Denni Avenue" rather
than "interior street."
* Page - VII - 10
Walker "Avenue" shall be corrected to read Walker "Street" (two
places). Line nine under Walker Street shall refer to Exhibit 11
rather than Exhibit 12. Line five of discussion on Lexington
Avenue and Denni Street shall be referred to Exhibit 12. Line
three under item five "Interior Street - Design Intent" shall be
corrected to read "6" sidewalk. Line two of subsection 5a shall
delete the word "parks" and line three of subsection 5a shall be
corrected to read Exhibit 13.
Exhibit 13
Cross section No. 10 shall be changed to correctly designate the
height of the wall to be 6' -0" to 8' -0" high.
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* Page - VII - 15
On line six, under Section 8 "Hardscapes ", the word "can" should
be changed to "will" and, in the first line of paragraph two, the
word "should" shall be changed to "shall".
Section 8(a) shall be amended to delete the word "excessive" from
the lighting regulations so as to prohibit light spillage on
neighboring sites.
* Page VIII - 3
Item 2 shall be amended to read as follows: "Increase the total
building floor area maximum within the Specific Plan area by not
more than ten percent (10 %)."
Requirements for Site Plan, Item 4 shall be amended to require
elevations, a materials board and one colored set of elevations
as part of site plan review.
* Page - VIII - 4
In the description of Phase I of the Phasing Plan, the sewer
system shall be referenced to Exhibit "4" rather than "14 ". The
water system shall be referenced to "Planning Area" 2 rather than
"Zone" 2.
* Page - VIII - 5
The description of improvements under Phase II of the Phasing
Plan shall designate that Katella Avenue street improvements will
be limited to the frontage of Planning Area 8. The description
of Phase II improvements shall also note that the easterly
portion of Planning Area 9 is served by the Phase III drainage
system.
* Page V -1 (Section E)
Line 4 of last paragraph shall be corrected to read "Walker
Street" instead of "Katella Avenue."
Add a summary of intersection lane improvements to Section E as
follows:
"INTERSECTION LANE IMPROVEMENTS
Adjacent to the project site the developer shall dedicate
sufficient right -of -way and construct improvements as follows:
1. Add one left turn lane for eastbound Katella at Denni.
2. Add one right turn only lane for westbound Katella at
Denni.
3. Add one left turn lane for eastbound Cerritos at
Moody.
4. Add one through lane for eastbound Cerritos at Walker.
5. Add one through lane for northbound Walker at
Cerritos."
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Mitigation item B.4 (Cerritos Avenue at Denni Street intersection
signal) should be designated for upgrade to 6 -phase operation.
Add mitigation item B.5: "Cerritos Avenue at Moody Street."
Add mitigation item B.6: "Cerritos Avenue at Walker Street."
Add to mitigation item B: "All Katella Avenue signals shall
include appropriate interconnect hardware as determined necessary
by the City Engineer."
* Page V -5 (Section E)
Add mitigation item "L" as follows: "At all unsignalized access
points along Lexington /Denni, Cerritos and walker, provide right
turn acceleration /deceleration lanes as determined necessary by
the City Engineer."
* Page II -3
Section E. Authority and Scope, Second paragraph should be
revised to eliminate the last sentence. Third paragraph shall
also be eliminated.
* Page V -5
Setback standards Nos. 4 and 5 shall be combined, and Nos. 6
through 9 be renumbered accordingly.
* Page VI -l0
Section F.d. shall read, "General Retail commercial uses in an
existing shopping center."
Zoo
ATTACHMENT D
CONDITIONS OF APPROVAL
FOR THE SUPPLEMENTAL FINAL ENVIRONMENTAL IMPACT REPORT
CYPRESS DOWNS
1. All applicable mitigation measures proposed in the Cypress
Plaza Final Environmental Impact Report and Conditions of
Approval adopted September 22, 1986, and amended in this
Supplemental Environmental Impact Report, shall be complied
with.
2. Performance of all obligations of the developer as set forth
in the draft Development Agreement between the applicant and
the City, dated as of August 4, 1988, which is on file with
the City Clerk and is incorporated herein by reference, and
any amendments thereto, incorporated as a result of the pub-
lic review period, shall be required as conditions of
approval of the Specific Plan.
3. The developer shall implement all traffic mitigation
measures as cited in the document and, in addition, shall
pay to the City for traffic impact mitigation improvements
the traffic impact mitigation fee per Ordinance No. 788 and
the fee resolution in effect at the time said fee is paid.
4. The developer shall cause to be constructed all streets,
sewers, storm drainage systems and retention basins, water
lines, undergrounding of power lines and removal of poles,
traffic signals and signal upgrades, landscaping, irrigation
systems, and any other public improvements and infra-
structure required on the land within the Specific Plan area
and in the public right -of -way adjacent thereto.
5. The developer shall cause to be completed a Sanitation
Districts of Orange County (Districts) Master Plan analysis
to confirm the capacity of the present sewer transmis-
sion /treatment system and /or determine the necessary im-
provements to said system resulting from the ultimate deve-
lopment of the proposed project. An agreement shall be en-
tered into between the City, the districts and the developer
to design and construct those facilities found to be neces-
sary by said analysis, that are directly attributable to the
developer's project. Said analysis, design and construction
shall be performed at the developer's sole expense. The
analysis shall be completed and accepted by both the City
and the Districts, and the agreement executed by all parties
prior to the City's acceptance of the developer's applica-
tion for the tentative or parcel map subdividing the Speci-
fic Plan area.
6. The text of the Cypress Downs Supplemental Final Environ-
mental Impact Report shall be amended as follows:
* All references to an election (special or general) on
the Project or any element thereof shall be amended to
read: "An election on this Project will be held dur-
ing 1989."
* Page 5
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201
Mitigation measures for landmark trees shall be
corrected to $847 per gross acre, based on a cost of
$250 per tree and 167.9 acres.
* Pages 32 and 33
Exhibits shall be provided for the sewer system,
water system and storm drainage concept plans.
* Page 35
Line four of the description of project Phase I
shall refer to "Planning Area" 2 rather than "zone" 2.
* Page 35
Line six of the description for Phase II shall
read N. . . Katella along the frontage of Planning
Area 8 and . . . ."
* Page 39
The first sentence of paragraph three shall be
changed to read "Lexington Avenue in the City of Los
Alamitos is a two -lane local street which runs south
of Katella Avenue."
* Page 60
Line 3 of Paragraph 4 shall be corrected to read
"Walker Street" instead of "Katella Avenue."
* Page V -I (Appendices)
Line 4 of last paragraph shall be corrected to
read "Walker Street" instead of "Katella Avenue."
* Page I -1 (Appendices)
Missing page I -1 shall be added to the Fiscal
Impact Report.
2
EXHIBIT "1"
CYPRESS DOWNS SPECIFIC PLAN NO. 88 -4
CONDITIONS OF APPROVAL
NOVEMBER 14, 1988
I. All final conditions of approval shall reflect and be
consistent with the Cypress Downs Traffic Mitigation Agreement
entered into by the City of Cypress, the City of Los Alamitos and
SDC Development, on November 14, 1988. Except as specified in
Paragraph VII below, the provisions in the Cypress Downs Traffic
Mitigation Agreement shall prevail over any conflicting
conditions approved by the City Council for this Specific Plan.
II. The proposed amended Specific Plan shall include the land
use designations, density, building square footage, height and
setback requirements as provided in Attachment "A" of the
November 7, 1988 staff report..
III. The Specific Plan shall be amended to reclassify the land
use on Parcel (Planning Area) 3 to Mixed Use Business Park.
IV. The soils report required by the Building Department
shall make recommendations concerning the existence of
underground storage tanks on the property. The report shall
address the removal of the tanks and removal of any contaminated
soil. The recommendations of the soils report shall be adhered
to by the owner and certified by the soils engineer prior to
release of the project for foundation or construction inspection
by the Building Official.
V. The City of Cypress will cooperate with adjacent cities
in expanding Cypress' Traffic Impact Mitigation Fee Program to
include traffic mitigation construction measures in said cities.
Such cooperative efforts will be undertaken only at the request
of adjacent cities indicating a commitment to establish
reciprocal traffic impact mitigation fee programs, which include
mitigation of impacts within Cypress, caused by traffic generated
outside Cypress' boundaries.
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203
Exhibit "1" - Conditions of Approval
Specific Plan No. 88 -4
Page 2
VI. The developer shall provide for the possible, future,
interconnected signalization of the main entrance driveway to
Planning Area 2. Said driveway shall be placed so as to be
preferably opposite Barbara Anne Street, or else it shall be
sufficiently separated from said street to preclude interference
of turning vehicles. Signalization shall be provided only at
such future time as the City determines satisfactory warrants
exist. The design and construction of this signal, and any
appurtenant roadway modifications, shall be performed by the
City, at the sole cost of the developer, guaranteed by the
posting of a sufficient bond or letter of credit, in a form and
amount satisfactory to the City, prior to the recordation of the
final map.
VII. The $3.17 million amount payable to the City of Los
Alamitos for improvements cited in the Cypress Downs Traffic
Mitigation Agreement, dated November 7, 1988, shall in no way be
construed to limit or relieve the developer from its
responsibility for providing the required traffic mitigation
measures immediately adjacent to, or within, the subject
property. Said measures are conditioned elsewhere in the
Specific Plan and in its conditions of approval and include, but
are not limited to, the following on the arterial streets
adjacent to the subject property: (1) construction or upgrading
of traffic signals, including all portions of those intersections
partially within the City Limits of Los Alamitos; (2) roadway
modifications necessitated by the addition of required lanes or
traffic channelization at intersections, including all portions
of those intersections partially within the City Limits of Los
Alamitos; (3) interconnection of traffic signals, including
conduit and other appurtenances necessary to connect to the
nearest signalized intersection beyond the subject property,
whether or not said nearest intersection is outside the City
Limits of Cypress; (4) construction of bus turnouts.
VIII. With the approval of the City of Los Alamitos, the
developer shall reconstruct the existing Katella Avenue median
island stamped concrete, landscaping and irrigation system, to be
of a design consistent with the City of Cypress median islands on
Katella Avenue, east of the subject property.