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Resolution No. 3547393 RESOLUTION NO. 3547 A RESOLUTION OF THE CITY COUNCIL /PLANNING AGENCY OF THE CITY OF CYPRESS CERTIFYING AS TO ITS REVIEW OF THE FINAL FOCUSED ENVIRONMENTAL IMPACT REPORT FOR CYPRESS CORPORATE CENTER AND MAKING CERTAIN FINDINGS. WHEREAS, the City Council /Planning Agency of the City of Cypress conducted a public hearing on March 13, 1989 and reviewed the Draft Focused Environmental Impact Report and Responses to Comments for the Draft Focused Environmental Impact Report for the Amended Cypress Corporate Center Specific Plan No. 88 -1; and WHEREAS, the City Council of the City of Cypress has reviewed the Draft Environmental Impact Report prepared for the Amended Cypress Corporate Center Specific Plan No. 88 -1, and a motion was made to approve the Final Focused Environmental Impact Report subject to the conditions of approval in Attachment 1; and WHEREAS, when required by Public Resources Code s 21081.6, a mitigation monitoring or reporting program has been developed in accordance with said section and considered by the City Council in certifying the Focused EIR. NOW, THEREFORE, the City Council /Plarinirig Agency of the City of Cypress does hereby resolve as follows: SECTION 1: Pursuant to the legal requirements for posting and conducting a public hearing on said Draft Focused Environmental Impact Report and responses thereto, and the City Council /Planning Agency having considered all comments received thereon, which comments and responses have been attached to said Draft Focused Environmental Impact Report and incorporated therein, which is part of the Final Focused Environmental Impact Report is hereby approved and adopted for the Amended Cypress Corporate Center Specific Plan No. 88 -1. SECTION 2: The City Council /Planning Agency hereby certifies that the Final Focused Environmental Impact Report for Specific Plan No. 88 -1 has been completed in compliance with the California Environmental Quality Act of 1970 with recent amendments and the local environmental Resolution No. 3432 of the City of Cypress. SECTION 3: That the City Council /Planning Agency hereby finds with respect to the adverse environmental impacts detailed in the Final Focused Environmental Impact Report: a. That the adverse environmental impacts which may result from implementation of Amended Specific Plan No. 88 -1, Cypress Corporate Center, have been considered and recognized by the City Council /Planning Agency. b. That comments and responses on the Draft Focused Environmental Impact Report and during the public hearing conducted by the City Council /Planning Agency have been considered and recognized by the City Council /Planning Agency and have been incorporated into the Final Focused Environmental Impact Report. c. Implementation of the project will promote the objectives of the City's General Plan by providing consistency of land use within the Cypress Business Park. d. Implementation of this project will generate approximately $96,932 annually to the City's general fund. 399 e. Implementation of this project will provide approximately 2,384 jobs for the citizens of Cypress and surrounding communities. Therefore, the beneficial economic and social effects of the project override the potential adverse impacts of the project. PASSED AND ADOPTED by the City Council /Planning Agency of the City of Cypress at a regular meeting held on the 27th day of March 1989. ATTEST: CITY �(ERK OF THE/CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CYPRESS I, DARRELL ESSEX, City Manager of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council /Planning Agency held on the 27thday of March 1989, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Age, Arnold, Kerry and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLER OF THE' CITY OF CYPRESS • 400 ATTACHMENT 1 CONDITIONS OF APPROVAL FOR CERTIFICATION OF CYPRESS CORPORATE CENTER FOCUSED FINAL ENVIRONMENTAL IMPACT REPORT 1. All applicable mitigation measures proposed in the Cypress Corporate Center Final Focused Environmental Impact Report and Conditions of Approval adopted on March 13, 1989 shall be implemented in conjunction with development pursuant to Amended Specific Plan No. 88 -1. 2. All applicable mitigation measures proposed in the Warland /Cypress Business Center Final Environmental Impact Report adopted on November 26, 1984, included in the Statement of Facts and Findings for Amended Specific Plan No. 88 -1, and those identified in the Cypress Corporate Center Focused Final Environmental Impact Report, shall be implemented in conjunction with the development pursuant to Amended Specific Plan No. 88 -1. To the extent that there is any inconsistency between the Warland /Cypress Business Center Final Environmental Impact Report Statement of Facts and Findings for Specific Plan No. 84- 1, adopted on November 26, 1984, and the Cypress Corporate Center Focused Final Environmental Impact Report Statement of Facts and Findings, the Cypress Corporate Center Focused Final Environmental Impact Report and Conditions of Approval shall prevail. 3. 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 in Government Code Section 66499.37 and Public Resources Code, Division 13, CH. 4 (s 2100 et seq. - including but not by way of limitation ss 21152 and 21167). 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. 4. As a condition precedent to the issuance of any discretionary permit or approval by the City, the developer /applicant shall have rnet and completed all reporting and monitoring requirements up to and including the date of filing for said discretionary permit or approval required by the project's mitigation monitoring program as set forth in the Resolution Certifying the Environmental Impact Report or subsequent Mitigation Monitoring Agreement. Failure by the developer /applicant to comply with said reporting and monitoring requirements prior to making application for said discretionary permit or approval shall be cause for the City to revoke said discretionary permit or approval and to deny any further permits and approvals until such time as the developer /applicant is in full compliance with his /her obligations under the mitigation monitoring program for the project. 401 5. If at any time after issuance of any discretionary permit or approval by the City, the developer /applicant fails to comply with the reporting and monitoring requirements of the mitigation monitoring program for this project, such failure shall constitute grounds for revocation of any discretionary permit or approval. 6. The text of the Cypress Corporate Center Final EIR shall be amended as follows: Section 1.1. "Introduction," on Page One, Paragraph 3 of the draft states: "The information contained within the Warland /Cypress Business Center EIR previously prepared is applicable to the project and the prior EIR was used in preparation of this EIR." Following this sentence, this addition should be made: "To the degree that there is any inconsistency between the previous EIR and this document, the information contained herein is controlling." To the consultant's revisions, a caveat at the end of the previous mitigation measures applicable to this project should be added. The caveat should read: "Caveat: To the degree that there is any inconsistency between the mitigation measures in the previous EIR, the previous mitigation measures set forth here, and the mitigation measures identified in the focused EIR, the measures identified in the focused EIR are controlling." 7. Developer /applicant shall enter into a "Mitigation Monitoring Compliance Agreement" (hereinafter MMCA), with City in a form satisfactory to the City Attorney. Said MMCA shall be binding upon the developer /applicant with respect to the implementation of all mitigation measures specified therein. Execution of said MMCA by the City's City Manager and the developer /applicant shall be a condition precedent to the issuance by the City of the first building permit. The MMCA required herein is for the purposes of implementing Public Resources Code, ss 21081.6 and is not a "Development Agreement" within the meaning of Government Code Section 65864 et. seq. However, any "Development Agreement" (hereinafter DA), within the meaning of Government Code Section 65864 et seq. entered into, or any amendment to an existing DA, subsequent to the Certification of the Focused EIR for this project shall incorporate the MMCA required herein within said DA or any amendment thereto. Incorporation of the MMCA within the DA or amendment thereto shall be by either incorporation by reference or by setting forth the terms of the MMCA in full within the DA or any amendment thereto. 8. The developer /applicant shall provide and ensure full access to the project site, and any structures erected thereon, to City personnel, and /or subcontractors thereof, at any time during the construction of the project for the purposes of monitoring compliance with the mitigation measures specified herein. Upon completion of construction, the developer /applicant shall provide and ensure full access to the project site, and any structures erected thereon, to City personnel and /or subcontractors thereof, at any time during normal business or operating hours for the purposes of monitoring compliance with the mitigation measures specified herein. 40' 9. Cypress Land Company will provide 175 -foot deceleration and acceleration lanes entering and exiting the project from Phyllis Drive. 10. Cypress Land Company will provide a right -hand turn lane long enough to accommodate a minimum of ten cars for northbound Valley View traffic to eastbound Katella. 11. Cypress Land Company shall exercise good faith efforts not to install a driveway entrance to the property from Valley View approximately halfway between Phyllis Drive and Katella. If the driveway is necessary, depending on the type of development that occurs at the location of the proposed driveway, Cypress Land Company agrees to construct a deceleration lane approaching the driveway off Valley View approximately 175 feet long. LAND USE /PLANNING CONSIDERATIONS Impact The proposed project would involve the conversion of existing vacant and rural land to urban use. Findings /Mitigation Measures A. Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: la. The Heritage Committee shall be given the opportunity to purchase and relocate the existing old house if historical or cultural significance can be determined. The project proponent has provided the City with authorization to remove the structure within a preferred time frame. lb. A decision regarding the relocation or demolition of the existing old house will be made by the Parks & Recreation Director prior to the issuance of a grading permit by the Director of Public Works. 2a. To reduce the potential for land use conflicts between differing land uses; i.e., residential /commercial, landscaping and architectural treatments will be required. 2b. Landscape and architectural standards are incorporated into the Specific Plan and will be reviewed by the Design Review Committee at the time of site design review for individual projects. These are approved by the City Council. Inspection of the site and structures will be conducted by Building and Planning staff to ensure compliance with landscape and architectural compatibility requirements. Planning staff will visit the site at least twice to inspect for the items noted above. Thereafter, the Planning Director shall be responsible for ensuring complaints are responded to. 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. 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 Regulation and Land Use sections of the Specific Plan contain numerous provisions which would 404 act to mitigate potential land use conflicts. For example, for each land use type proposed, the Land Use section defines the specific uses permitted within the zone. The Development 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. 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 3) 403 TRAFFIC /CIRCULATION Impact The proposed development will result in circulation alterations and increased vehicle traffic which will decrease levels of service at some intersections within Cypress and surrounding communities. Findinqs/Mitiqation Measures A. Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 3a. A number of intersection improvements were identified in the Cypress Business Park TSM Study. These improvements were incorporated into the traffic impact mitigation fee ordinance of the City. In the study of the traffic impacts of Cypress Downs, the intersection improvements identified in the business park TSM study were analyzed and verified as applicable and appropriate. Accordingly, the developer should acknowledge the City's policies regarding the effects on City services of land developments, as set forth in Resolution No. 3282. The developer shall also participate in the City's traffic impact mitigation fee assessment, as required by Ordinance No. 778. 3b. The traffic impact mitigation fee will be payable in cash, at the time of issuance of each building permit 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. Failure to submit the fee noted above will result in denial of the building permit until the fee is paid in full. The construction of those improvements identified in Resolution No. 3283 shall be undertaken by the City, when warranted by traffic conditions, as determined by the Director of Public Works. 4a. The improvements identified for the intersection of Katella Avenue and Valley View Street that are located immediately adjacent to the Cypress Corporate Center will be the responsibility of the developer, and will require dedication of property, as needed. 4b. The land shall be dedicated and improvements constructed prior to issuance of a Certificate of Occupancy on the first building constructed subsequent to the Specific Plan approval. The Director of Public Works shall determine satisfactory completion of this requirement. 5a. To alleviate an existing congestion problem in the morning peak hour and to help accommodate additional traffic, a restriping improvement is recommended on westbound Orangewood Avenue on its approach to Valley View Street. There are now three lanes on this approach, one for right turns, one for through movements and one for left turns. Because in the morning peak hour the westbound to northbound right turn is very heavy, the lane striping would be revised such that two lanes would be allowed to turn right, and the third lane would be optional for vehicles turning left or proceeding straight through. The cost for such restriping would be small, since revisions would consist of signage and pavement markings. 406 5b. The recommended lane modifications shall be accomplished by the City of Cypress, under the supervision of the Director of Public Works, concurrently with other intersection improvements at that location. 6a. The following mitigation measures pertaining to internal circulation and site access are recommended: (1) Construct the east /west roadway through the project (between Valley View Street and Hope Street) as a two -lane roadway (44 feet curb -to -curb) with stop sign control at Valley View Street. (2) Construct the north /south roadways through the project (between Katella Avenue and the east /west roadway) as two -lane roadways (44 feet curb -to -curb) with stop sign control at both ends except for the signal controls at Kat €lla /Hope. (3) Ensure that the westbound approach of Katella Avenue to Valley View Street has a dual left -turn storage area about 250 to 300 feet long and that the median break to allow left -turn access from westbound Katella Avenue into the project site is constructed with appropriate design. (4) Adjacent to the project site on Valley View Street and on Katella Avenue, provide exclusive right -turn acceleration /deceleration lanes as appropriate. 6b. The internal circulation and site access measures shall be accomplished by the developer prior to issuance of a Certificate of Occupancy on the first building constructed subsequent to the Specific Plan approval. The Director of Public Works shall determine satisfactory completion of this requirement. 7a. The following Transportation System Management (TSM) or peak hourly travel demand management measures are recommended: (1) The important and substantial benefits of a stringent Transportation System Management (TSM) program in the 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 traffic levels. A committee of employers and property owners is working in an advisory capacity in the development of this ordinance. (2) The Cypress Corporate Center should be required to participate in the TSM plan to be adopted for the greater Cypress Business Park and to participate in the Transportation Management Association (TMA) that may be formed by various entities in the Cypress Business Park with the assistance of the City and its consultants. 7b. The landowner /developer shall require all businesses on the subject site to participate in all TSM activities, follow the requirements of the proposed Trip Reduction ordinance, and join the Transportation Management Association immediately upon the enactment of those measures. If the occupancy of any building constructed subsequent to the Specific Plan approval occurs after the enactment of any of these TSM programs, the employers in those buildings shall immediately conform to the TSM measures in place. The Director of Public Works shall monitor employer participation in TSM activities. 407 8a. Specific TSM actions by the Cypress Land Company include: (1) Establish a Transportation Coordinator position to act as a liaison with the Cypress Business Park TMA. (2) Encourage alternative commute modes, such as carpooling, vanpooling, transit use, cyclo- commuting, and others. (3) Provide onsite 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 comfortable bus shelters at existing bus stop locations, and onsite access to bus schedules and bus tokens and passes. (4) Encourage peak hour trip reduction techniques, such as alternative work hours, flex -time, staggered work shifts, telecommuting, and tour -day work weeks. 8b. Onsite amenities shall be incorporated into the designs of the various buildings to be constructed and shall be monitored by the Director of Public Works for satisfactory compliance, prior to approval of site grading plans. Items 8a.(1)(2) and (4) shall be monitored by developer/applicant's participation in the TMA. Item 8a.(3) shall be completed prior to the issuance of the Certificate of Occupancy by the City. 9a. In order to ensure accessibility to the available transit services for employees and patrons of this development, the following transit amenities should be incorporated into this project: (1) Bus turnouts, if determined by the City Traffic Engineer to be necessary, based on roadway cross - sections, travel volumes or speeds, should be provided at these stop locations. (2) The area adjacent to each turnout should include a paved passenger waiting area complete with a bus shelter and bench. (3) A paved lighted and handicapped accessible pedestrian accessway should be provided between each stop and project buildings. (4) A concrete bus pad sufficient to support the weight of a bus (see OCTD's Design Guidelines for Bus Facilities) may have to be provided at these transit stops. This would be necessary assuming the material used to construct Katella Avenue would be insufficient to support continued transit use of the bus stops. 9b. Transit amenities shall be incorporated into the designs of the various buildings to be constructed and shall be monitored by the Director of Public Works for satisfactory compliance, prior to approval of site grading plans. Said amenities, if required, shall be completed and certified by the Director or Public Works /City Engineer prior to the issuance of a Certificate of Occupancy. ' 403 • B. All Isignificant 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 plaps, 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 3) 409 AIR QUALITY Impact The project will create an incremental increase in stationary and mobile source pollutants. Stationary source considerations include emissions onsite from construction activities, emissions from space and water - heating devices, and power plant emissions from the generation of electricity for the project. Mobile source emissions are those generated by short -term construction activities and long -term traffic from the project. Findinqs /Mitiqation Measures A. Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 10a. Compliance with SCAQMD Rule 403 (Fugitive Dust Emissions) will assist in mitigating the impact of construction - generated dust particulates. 10b. During construction of all development projects, the Building Official will monitor and enforce this rule. lla. Energy conservation practices shall be incorporated into the design of the project to have the secondary effect of limiting stationary source pollutants both on and offsite. The feasibility of nonconventional energy systems, such as cogeneration and active solar energy systems, shall be given careful consideration during detailed levels of planning. lib. At the time of plan check review, the Building Official will review plans for compliance with State and City energy policies and requirements. 12a. Orange County's vehicular emissions will be reduced through legislative exhaust emissions controls and the provision of both mass transit in the area and the creation of closer employment centers. 12b. The City will reduce vehicle emissions through compliance with State law and through the adoption of a Transportation Systems Management Program (TSM) to be implemented by the Director of Public Works. 13a. Future phases of development shall comply fully with mandated SCAQMD rules and regulations. 13b. The Director of Public Works will require all developers in the Cypress Corporate Center to comply with mandated SCAQMD rules and regulations as part of the TSM Program, and any other discretionary approval deemed appropriate. 14a. The impact of short -term construction - generated emissions (including those associated with capital improvement projects) shall be reduced to the extent feasible by the following measures: (1) Scheduling construction and grading around the driest summer months, by periodically sprinkling with water, and by paving the area proposed for parking as soon as possible; (2) Maintaining equipment engines in proper tune; (3) Phasing and scheduling construction activities to level emission peaks; and, 410 (4) Discounting construction during second stage smog alerts. 14b. During grading and construction of all development projects, the Building Official /designee will enforce the above measures through periodic site checks. 15a. Development within the project area shall comply with all SCAQMD (or other prevailing ordinance /regulation at the time of development) rules and regulations; development shall comply with all SCAQMD (or other prevailing ordinance /regulation at the time of development) for commercial and office uses including: (1) Employer - provided incentives for ridesharing, preferential carpool parking, modified work schedules such as "flex - time," and utilization of public transportation; (2) Developer- provided bus turnouts installed per requests by the Orange County Transit District and the City Traffic Engineer, bus shelters, bicycle racks; and (3) Energy conserving structures, heating /cooling systems, lighting systems, appliances, etc. 15b. These measures will be incorporated into a City - adopted TSM Program, implemented by the Director of the Public Works. The Public Works and Planning Directors will determine individual project requirements at the time of site design review and amend the applicable Mitigation Monitoring Compliance Agreements to incorporate these measures. 16a. The associated transportation system shall be designed to improve traffic flow; i.e., traffic light synchronization. (Please refer to Section 3.2 of this EIR.) 16b. The Director of Public Works will determine appropriate transportation design system improvements as part of the City adopted TSM program. 17a. Other local and regional traffic mitigation measures such as improvements to key intersections will improve traffic flow and reduce the number of trips and associated mobile source pollutants. 17b. Specific traffic improvements are Traffic /Circulation measures will occur mitigation measures for street described in detail under the section. Implementation of these upon a determination of necessity by the Director of Public Works. 18a. Participate in the City's TSM program to reduce traffic and subsequent air emissions. 18b. Developers will be required to participate in the City's TSM program as a condition for approval for any conditional use permit or design review project approved by the City Council. 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: 411 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 presentment of grading plans, site plans, engineering, data, etc. 2. Although other alternatives may reduce local air quality impacts, these alternatives were rejected, as discussed in the Draft EIR, as the project provides employment land uses in close proximity to residential areas and transportation facilities, which are consistent 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 follows. (Attachment 3) 412 ACOUSTIC ENVIRONMENT Impact There will be a minor increase in noise levels in and around the project site if the project is implemented. Short -term acoustic impacts will result from project - related construction activity, while long -term acoustic impacts may result from use of the facilities by visitors and employees and their resultant vehicular traffic. The introduction of business park uses adjacent to residential areas could present the potential for noise impacts from light industrial activities and /or the loading and unloading of trucks. Although portions of the study area are located within noise impact zones from Los Alamitos Army Airfield, it is anticipated that common noise insulation techniques can be utilized in order to meet interior noise level standards. Findings /Mitigation Measures A. Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 19a. Construction activities proposed near residential areas shall be limited to the hours of 7 a.m. to 8 p.m., Monday through Saturday. No construction activity shall be allowed on Sundays or federal holidays. In addition, construction equipment should be equipped with effective muffling devices. 19b. Hours and days of construction are established within the Municipal Code and enforced by the Building Department during routine inspections. 20a. An acoustical analysis shall be required for development proposed within the High Noise Impact Zone from the airfield. The analysis should be completed at the site plan level of processing and shall include a description of measures incorporated into the project design to assure that interior noise standards will be met. 20b. The acoustical analysis shall be completed prior to project approval by the Design Review Committee and City Council. 21a. The mitigation measures provided in Section 3.2, TRANSPORTATION /CIRCULATION can serve to reduce CNEL increases along local roadways through the reduction of daily traffic. 21b. (See the TRANSPORTATION /CIRCULATION section of this document.) 22a. All development occurring within the study area shall be subject to the provisions of City and County noise ordinances. Such noise policies set standards which protect receiving land uses. In the case where business park uses are developed adjacent to residential areas, such uses shall not generate noise which exceeds the noise standards specified for residential areas. 22b. The City's Code Enforcement Officer coordinates with the County Noise Officer the monitoring of noise levels during routine inspections and when responding to specific requests. 23a. Construction of a minimum eight -foot high landscaped berm along the southern border of the site, consistent with the Cypress Land Business Park Specific Plan, shall be implemented. 23b. Implementation shall be enforced by the Director of Public Works and the berm installed prior to issuance of a Certificate of Occupancy for any development adjacent to the southern border of the 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 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 presentment 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 3. 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 3) . 414 VIEWS /LIGHT AND GLARE Impact The change in visual character of the study area is an unavoidable impact. Additionally, potential impacts to the adjacent residential development may be window glare, or view intrusion. Findinqs /Mitiqation Measures A. Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 24a. Landscaping will be provided throughout the proposed development to soften visual impacts and enhance the aesthetic character of the project. Guidelines and regulations for the planning of project landscaping and its maintenance are set forth in the Specific Plan. Native plant species shall be used to the maximum extent feasible. 24b. Landscape plans will be reviewed and approved by the Design Review Committee as part of the conditions of approval for conditional use permit or design review. Prior to occupancy of building, Planning staff will inspect the site to ensure the installation of plants per approved plans. Maintenance of a landscaped screening berm is regulated by the Director of Public Works. 25a. Building materials and architectural designs shall provide for internal as well as external compatibility with respect to surrounding land uses. Project architectural design themes are provided for in the Specific Plan, and will be developed and reviewed during subsequent, more detailed site planning stages. 25b. Building materials and architectural design shall be reviewed and approved through the conditional use permit or design review process at the time of specific project submittal. Final inspection prior to issuance of the Certificate of Occupancy will specifically note compliance with this requirement. 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 Other than the No Development alternative, other alternatives would result in an increase in Light and Glare or Aesthetic impacts due to conversion of land, as discussed in the Draft EIR. 413 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 3) 416 HYDROLOGY Impact Development of the project will change the hydrological characteristics of the study area. The introduction of impervious surfaces will increase the amount of surface runoff. Silt and fertilizer runoff will decrease while the general amount of urban pollutants (i.e., gas and oil) will increase. No significant hydrological impacts are expected to occur within the project site. No specific schedule for improvement of the Stanton Storm Channel is available. Findings /Mitigation Measures A. Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 26a. Exposed soil areas shall be planted where appropriate to control downstream sedimentation. 26b. Landscape plans will be required as part of the conditions of approval for the conditional use permit or design review. Plans are reviewed and approved by the Design Review Committee during construction. Prior to occupancy of the building, Planning staff will inspect the site to ensure the installation of plants per approved plans. 27a. Site - specific hydrology analyses shall be performed prior to development to assure flood protection from a 100 -year flood. 27b. Site - specific hydrology analyses are required to be submitted to the Public Works Department with grading or other engineering plans for the specific project. 28a. To mitigate local flood problems, storm drains shall be installed throughout the study area in accordance with the City's requirements. All tentative tract maps, site plans and other precise plans within the study area shall be accompanied by adequate hydrology and hydraulic calculations and drainage improvement plans prepared by a California registered professional civil engineer. 28b. Hydrology with hydraulic calculations and drainage improvement plans are required to be submitted to the Public Works Department with grading or other engineering plans for the specific project prior to the issuance of a building permit. 29a. All existing water wells located onsite should be capped and taken out of service in accord with accepted civil engineering standards. 29b. A requirement to cap all water wells will be a part of the conditions of ,approval of the conditional use permit or design review. Planning Department will request a letter from the Orange County Environmental Health Agency' to ensure the wells have been capped prior to a Certificate of Occupancy being issued. 30a. To mitigate local flooding problems, storm drains should be installed through the study area in accordance with City Master Plans. 30b. Public Works Department, as a condition of approval of development, requires that storm drains be constructed on the site of the proposed development in accordance with the City Master Plan. Public Works Department will conduct an inspection of the site to determine compliance with the approved plans prior to the issuance of a Certificate of Occupancy. 31a. Exposed soil areas should be planted where appropriate to control downstream sedimentation. 31b. Design Review Committee will approve landscaped plans during construction of a building. Project planner will conduct an inspection of the site to determine compliance with the approved landscaped plans prior to release of Certificate of Occupancy. 32a. Development within 100 -year flood zone areas shall be subject to all applicable construction and flood - proofing requirements (i.e., height of lowest floor must be at least one foot above the design flood level or be protected by flood - proofing). Review for compliance in this regard will occur during subsequent tentative subdivision planning stages. 32b. Public Works Department will approve grading and other engineering plans prior to issuance of a building permit. 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 presentment of grading plans, site plans, engineering data, etc. 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 3) 413 PUBLIC SERVICES AND UTILITIES FIRE PROTECTION Impact The proposed project can be adequately served by existing Fire Department facilities. The project will, however, add to the cumulative need for additional manpower and equipment for the general area as it develops further. The project's impact on fire services is not considered significant. Findings /Mitigation Measures A. Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 33a. The proposed project shall include a water system of sufficient capacity and pressure for the proposed land uses and fire protection. 33b. As part of the conditions of approval of the proposed development, the applicant is required to obtain approved plans from the Fire Department prior to issuance of a building permit. Fire Department conducts an inspection during construction and at the end of construction to determine compliance with the approved plans. A Certificate of Occupancy shall not be issued until the Fire Department inspects and passes the site. 34a. Sufficient accessibility for fire - fighting equipment shall be provided. The Orange County Fire Department will review precise development proposals to ensure adequate access and fire protection facilities. 34b. Fire Department will review plans prior to discretionary approval. Any conditions imposed by the Fire Department are included by the Planning Departrnent at the time of project approval. A Certificate of Occupancy shall not be issued until the Fire Department inspects and passes the site. 35a. Installation of smoke detection devices and sprinkler systems, use of fire - retardant building materials and shrubbery, prominent placement of rescue service telephone numbers and appropriate siting of other fire- fighting appurtenances will improve internal building safety. 35b. Building and Fire Departments will review plans prior to the issuance of a building permit to assure compliance. Follow -up inspections will be done to ensure compliance. 36a. All buildings shall be constructed to conform with applicable State and City building codes. 36b. Building Department will approve building plans to ensure the building will conform to applicable State and City building codes. Building Departrnent will conduct an inspection during and at the completion of the building to determine compliance with the approved plans. POLICE SERVICE Impact Development of the proposed project would result in an increased demand for police services. While it is apparent that the increased number of service calls would place greater demands on Police Department resources, the exact nature and extent of impacts cannot be determined at this time. However, the impacts upon the Police Department are not expected to be significant. Specific impacts to the department can be determined at more detailed levels of planning. Findings /Mitigation Measures A. Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 37a. The adequacy of police services shall be reviewed at each phase of development and mitigation needs, as appropriate, shall be identified. The Police Department shall review and comment on all site plan approvals. 37b. Police Department will review proposed plans of specific development prior to discretionary approval. Appropriate conditions of approval will be added at that time to mitigate any impacts. 38a. Police services to the development shall be enhanced through the provision of adequate street lighting, clearly marked street names and building numbers, and security hardware. Other measures to facilitate service to the development and minimize potential crime problems shall be based on consultation with the Police Department during subsequent design and implementation stages. 38b. Public Works, Building and Police Departments will review projects prior to the issuance of discretionary approval. WATER Impact Implementation of the Specific Plan will result in decreased demands for water service in the project due to the removal of agricultural uses. The existing water service system will need to be expanded to serve new development within the planning areas. Findings /Mitigation Measures A. Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 39a. All required water system improvements shall be designed and constructed to City and Southern California Water Company standards. All tentative tract maps, site plans and other precise plans within the study area shall be accompanied by adequate water supply improvement plans prepared by a California registered professional civil engineer. 39b. Engineering Department will monitor the proposed development to ensure that sufficient water supply can be obtained from the Southern California Water Company during offsite plan check, and inspect the site to ensure improvements are constructed at completion of the project. 40a. Implementation of water conservation technology shall be implemented as required by State law: (1) Low -flush toilets (Section 17921.3 of the Health and Safety Code). 420 (2) Low -flow showers and faucets (California Administrative Code, Title 24, Part 6, Article 1, T20- 1406F). (3) Insulation of hot water lines in water recirculating systems (California Energy Commission regulations). 40b. Building Department will regulate the aforementioned requirements during plan check. Prior to occupancy of the building, the aforementioned requirements will be inspected for compliance to the law. 41a. In addition, the State Department of Water Resources recommends implementation of several other interior and exterior water conservation measures which vary as to their applicability and practicality for any one particular development proposal. These measures shall be investigated extensively as to their feasibility for use in the project. For those measures found to be feasible, they will be implemented to the maximum extent possible. These measures include, but are not limited to: Interior Measures (1) Reduce water pressure in supply lines to 50 pounds per square inch (psi) or less by means of pressure - reducing valves. (2) Insulate all hot water lines to provide hot water faster with less water waste, and to keep hot pipes from heating cold pipes. (3) For commercial uses (i.e., hotels, restaurants, etc.), post conservation reminders in rooms and restrooms; utilize thermostatically controlled mixing valves for bath /showers; utilize water conserving washers for laundry facilities and dishwashers; and serve drinking water upon request only. Exterior Measures (1) Utilize drought - tolerant landscaping materials. (2) Install efficient irrigation systems which minimize runoff and evaporation and maximize the amount of water reaching the plant roots. Drip irrigation, soil moisture sensors and automatic irrigation systems are effective methods of increasing irrigation efficiency. (3) Use mulch extensively in all landscaped areas. Mulch applied on top of the soil will improve soil water - holding capacity by reducing evaporation and soil compaction (enhances and maintains soil permeability). 41b. Building Department will regulate the aforementioned items if determined feasible by the Building Department during plan check to the maximum extent possible. Prior to occupancy of the building, the aforementioned requirements will be inspected for compliance to the approved plans. Design Review Committee will approve landscape plan during construction of the building. Prior to the Certificate of Occupancy being issued, the site will be inspected by a project planner to determine compliance with the approved landscape plans. Thereafter, the Code Enforcement Officer will inspect as determined necessary and practicable to determine continued compliance. WASTEWATER Impact Development of the study area, as currently proposed, will require expanding the existing wastewater collection system to include service to those areas which are presently undeveloped. It is anticipated that expansion of the existing system will require the addition of several 8 -inch collector lines which will tie into existing lines. Findings /Mitigation Measures A. Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 42a. The water conservation measures recommended in Section 3.7.3 will also serve to reduce the amount of wastewater generated by the proposed project. 42b. Refer to Section 3.7.3. 43a. All required sewer improvements shall be designed and constructed to City and Orange County Sanitation District standards. All tentative tract maps, site plans and other plans within the study area shall be accompanied by adequate plans for sewer improvements prepared by a California registered professional civil engineer. 43b. Engineering Department will review sewer improvement plans prior to issuance of a building permit. Prior to certification of a tract map or occupancy of a building, Public Works Department will conduct an inspection to determine compliance with the approved plans. OTHER SERVICES AND UTILITIES Impact Implementation of the proposed project will result in increased demands for electricity, natural gas, and telephone services. The existing utility network will need to be expanded to meet the future demands of the project. The specific design and sizing requirements of necessary improvements and /or additions will be determined as part of the Precise Plan Review procedures. No significant impacts are anticipated in expanding the existing utility network and meeting the demands of the proposed project. Implementation of the proposed project will also result in increased demands for solid waste disposal service. Based upon a rate of 1.55 lbs./ capita /day of mixed waste for general office uses, the project will generate approximately two tons of solid waste per day at buildout. It is anticipated that existing solid waste disposal facilities can accommodate the project. Findings /Mitigation Measures A. Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 44a. The developer(s) of the study area shall work in conjunction with affected utility agencies to assure that adequate services and facilities are provided. 44b. Planning and Public Works Departments will monitor the proposed development to ensure that adequate services and facilities are provided. 422 45a. A number of conservation measures shall be considered in building and site designs to reduce the demands of the project. Such measures include: Trash compactors should be utilized to the maximum extent feasible to allow for more effective and sanitary trash disposal. 45b. The use of trash compactors will be reviewed by the Design Review Committee prior to a discretionary permit being issued. Prior to the Certificate of Occupancy, the project planner will inspect the site to determine compliance with the approved plans. 46a. Businesses within the proposed development should investigate local recycling /resource recovery programs. A handbook for developing such programs is available through the California Waste Management Board. 46b. The Planning Department shall encourage businesses to investigate local recycling /resource recovery programs throughout the life of the project. 47a All buildings shall be constructed in conformance with Title 24 - Non - Residential Energy Conservation Standards. 47b. Building Department will review the structural plans for conformance with Title 24 prior to the issuance of a building permit. Building Department will conduct are inspection of the building to determine compliance with the approved plans. 48a. The developer(s) of the study area should consult with the Southern California Edison Company and the Southern California Gas Company regarding current energy conservation techniques. 48b. The Planning Department shall encourage businesses to contact the utility companies regarding energy conservation. This shall occur throughout the life of the project. 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 presentment of grading plans, site plans, engineering data, etc. 2. Given the project's urban location, adequate capacity is generally available for the requisite public services 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 3) 42 424 GEOTECHNICAL Impact Development of the site as proposed would result in geotechnical alterations. Findings /Mitigation Measures A. Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 49a. Appendix E of the attached draft EIR contains a preliminary geotechnical investigation conducted for a seven -acre portion of the site. Detailed foundation engineering, pavement and cement and corrosion criteria guidelines were established. Subsequent development shall incorporate these guidelines and conduct preliminary geotechnical studies on an individual project basis. 49b. Planning and Engineering Departments will review all required geotechnical studies prior to the issuance of a building permit. The Building Official will confirm compliance with these studies as appropriate. 50a. The provisions of the Uniform Building Code (UBC), with regard to seismic safety, should be followed. 50b. Building Department will review the plans for conformance with seismic safety prior to the issuance of a building permit. Building Department will conduct an inspection of the building to determine compliance with the approved plans prior to the Certificate of Occupancy being issued. 51a. Site grading shall provide for nearly level building pads with suitable foundation conditions to support any improvement with adequate surface gradients to control water runoff. 51b. Public Works Department will approve grading plans or engineering plans. Public Works Department will conduct an inspection of the site to determine compliance with the approved plans prior to the issuance of a Certificate of Occupancy. 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 presentment of grading plans, site plans, engineering data, etc. 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 3) BIOLOGICAL RESOURCES Impact //Lc Development of the study area will result in the elimination of agricultural fields and some ornamental trees and shrubs currently within the study area. Portions of the study area will be landscaped, thus introducing new vegetation. Implementation of the project will result in the elimination or displacement of the existing onsite rodent population. Also, development of the study area will eliminate a food source for nearby wildlife species which currently forage in the study area. Findings /Mitigation Measures A. Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 52a. Landscaping should be used to enhance commercial, office and industrial areas. Also, the use of landscaped streetscapes will supplement onsite vegetation. 52b. Design Review Committee will approve landscape plans during the construction period of the building. Project planner will conduct an inspection of the building to determine compliance with the approved plans prior to a Certificate of Occupancy. 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 presentment of grading plans, site plans, engineering data, etc. 2 The project will retain water surface features to allow 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 3) 4 6 ATTACHMENT 3 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 project 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 information records. This statement may be necessary if the agency also makes the finding under Section 15091 (a)(2) or (2)(3). "(c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the Notices of Determination." (Section 15902 of the Guidelines.) The City Council proposes to adopt Amended Specific Plan No. 88 -1 for the study area. Because the action constitutes a project under CEQA and the Guidelines, a Focused Environmental Impact Report (EIR) has been prepared by the City of Cypress. The EIR has identified certain significant effects that will follow from this project and the City Council desires to approve this project. After determining that the EIR is complete and has been prepared in accordance with the CEQA and the Guidelines, and making the Statement of Facts above, the City Council has also weighed the significant effects of the project against the overriding consideration noted as follows: 1. The project, upon completion, will produce substantial recurring revenues to the City of Cypress. 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 estimated 2,384 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. 5. The project represents logical extension of urban services and facilities, and the in- filling of vacant urban land. 6. The project is consistent with recent growth projections developed by the Southern California Association of Governments for the City of Cypress. 7. The Specific Plan will provide a comprehensive and coordinated 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 Business Park. 9. The project provides for business park and commercial uses of a greater economic viability than that of the current vacant land. 10. Thirty acres of this property were originally required by a Development Agreement to be developed as commercial retail. At the request of the adjacent residents, this revised plan of business park uses has been submitted. •