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Resolution No. 3731RESOLUTION NO. 3731 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING SPECIFIC PLAN NO. 89 -1 CYPRESS BUSINESS AND PROFESSIONAL CENTER WHEREAS, the City Council of the City of Cypress conducted a public hearing on April 9, 1990, to consider Specific Plan No. 89 -1, a development plan for Cypress Business and Professional Center located on 298.2 acres of land, as shown on Attachment 1; and WHEREAS, the Specific Plan details a Land Use Plan and Development Criteria for a mixture of Public /Semi - public uses and Business Park uses totaling 1,827,754 square feet, with access to be provided by an internal roadway system; and WHEREAS, a concurrent proposed General Plan Amendment No. 89 -2 and Zone Change No. 89 -7 for 74.6 acres of the site, shall be placed before the voters of Cypress at a Special Municipal Election on April, 24, 1990. The General Plan designation is proposed to change from Public /Semi - public to Business Park, and the Zoning classification is proposed to change from PS Public /Semi- public to Planned Business Park PBP 25A; and WHEREAS, after a thorough analysis by the City Council of the City of Cypress concerning the Plan's future impact on the community and upon consideration of the Final Subsequent Environmental Impact therefore, a motion was made to approve Specific Plan No. 89 -1, subject to the conditions of approval in Exhibit "A" attached; and subject to approval of the General Plan Amendment and Zone Change by the voters of Cypress at a Special Municipal Election on April 24, 1990; and WHEREAS, the City of Cypress has approved the Final Subsequent Environmental Impact (EIR) in compliance with the California Environmental Quality Act (CEQA) and the State EIR Guidelines; and WHEREAS, the City of Cypress has reviewed and considered the certified Final Subsequent EIR in making its decision on the proposed Specific Plan No. 89 -1; and WHEREAS, the City Council by this Resolution adopts the Statement of Facts and Findings, and the Statement of Overriding Considerations as required by Section 15091 and 15092 of the State EIR Guidelines; and WHEREAS, the City Council desires to approve Specific Plan No. 89 -1; and WHEREAS, after discussion by the City Council with the citizens affected by this Specific Plan, a motion was made to approve Specific Plan No. 89 -1. NOW, THEREFORE, be it resolved by the City Council of the City of Cypress that: 1. The City Council makes the findings contained in the Statement of Facts with respect to significant impacts identified in the Final Subsequent EIR together with the finding that each fact in support of the findings is true and is based upon substantial evidence in the record, including the Final Subsequent EIR. The Statement of Facts is attached as Attachment A and incorporated herein by this reference as if fully set forth. -1- 2. The City Council finds that the facts set forth in the Statement of Overriding Considerations are true and are supported by substantial evidence in the record, including the Final Subsequent EIR. The City Council adopts the Statement of Overriding Considerations which is attached as Attachment B and incorporated herein by reference as if fully set forth. 3. The City Council finds that the Final Subsequent EIR has identified all significant environmental effects of the project and that there are no known potential environmental impacts not addressed in the Final Subsequent EIR. 4. The City Council finds that all significant effects of the project are set forth in the Statement of Facts. 5. The City Council finds that although the Final Subsequent EIR identifies certain significant environmental effects that will result if the project is approved, all significant effects that can feasibly be avoided or mitigated have been avoided or mitigated by the imposition of conditions of approval on the project and the imposition of mitigation measures as set forth in the Statement of Facts and the Final Subsequent EIR. 6. The City Council finds that potential mitigation measures and project alternatives not incorporated into the project were rejected as infeasible, based on specific economic, social and other considerations as set forth in the Statement of Facts and the Final Subsequent EIR. 7. The City Council finds that the unavoidable significant impacts of the project, as identified in the Statement of Facts, that have not been reduced to a level of insignificance have been substantially reduced in their impacts by the imposition of conditions on the project and the imposition of mitigation measures. The City Council finds that the remaining unavoidable significant impacts are clearly out - weighed by the economic, social and other benefits of the project, as set forth in the Statement of Overriding Considerations. 8. The City Council finds that the Final Subsequent EIR has described all reasonable alternatives to the project that could feasibly obtain the basic objectives of the project, even when those alternatives might impede the attainment of project objectives and might be more costly. Further, the City Council finds that a good faith effort was made to incorporate alternatives in the preparation of the Draft Subsequent EIR and all reasonable alternatives were considered in the review process of the Final Subsequent EIR and ultimate decisions on the project. 9. The City Council finds that a good faith effort has been made to seek out all points of view in the preparation of the Draft and Final Subsequent EIR as indicated in the public record on the project, including the Final Subsequent EIR. 10. The City Council finds that during the public hearing process on the project, the environmental document evaluated a range of alternative land uses and intensities and the project as approved by this Resolution, is included within the range of alternatives. -2-- 11. The City Council finds and determines that the Final Subsequent Environmental Impact Report consists of the following documents: a. Draft Subsequent EIR b. Technical Appendices c. Comments and Responses d. City Council Minutes e. City Council staff reports (with attachments) NOW, THEREFORE, be it resolved that the City Council of the City of Cypress DOES HEREBY APPROVE Specific Plan No. 89 -1. PASSED AND ADOPTED by the City Council of the City of Cypress at an adjourned regular meeting held on the 17th day of April, 1990. ATTEST: CITY CLERK OF T vhLe E CIT OF STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CYPRESS .tom Y R OF THE C TY OF RESS I, Darrell Essex, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at an adjourned regular meeting of said City Council held on the 17th day of April, 1990, the the following roll call vote: AYES: 5 COUNCIL MEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE CITY OF CYPRESS CYPRESS BUSINESS & PROFESSIONAL PARK CITY OF CYPRESS le IP C :!•i ti �p14TiiE . ity tHaIi . � • I �^II . rr .e6' l 1 _.....=.1-.-4V.,.- .1., A :T CO �D I !!Sct ! V MYF UNDARl' O;l t v4 6 V'. It - 1..•FM iii fi I i��/I/1 / /y, 11111111 IIIIOII MITOS ACK SOUTHERN • BM KATELLA A ELLA; -n.4: ;- biL AvE I! I' li JI __ � _ -�- : <� I ��,� it 4 i` lr•rd�wwpD � �� �•�-•I AsE Est; :38 • ROUHA,. R -- - S MOOS ANNE L • • 5 TANTON 33 BM 25 LOS ALAMITOS ARNIEU FORCES RESERVE CENTER • • pil , A ........r [T\\\! z� . -__ -�z SAN 1A a =•t3ARff1 I' I C�'fAICIN% ti • l — -- -- - • AvE; .I • • L.. iie ;j �S IIOu "'n .4lrt.•; If 1 �. :vAN�uARO;� \• Slat'or• ( 1, 1. Il, u 3 _ = ;.MV'_ a► Project Site 0 2,000' 'Wen Beirt,'Wlliam `Abat Zc aseciatei 2/90 JN 26008-2830 ATTACHMENT 1 Site Vicinity Map Exhibit 2 EXHIBIT 'A" SPECIFIC PLAN NO. 89 -1 AND DEVELOPMENT AGREEMENT N0. 90 -1 CONDITIONS OF APPROVAL 1. All applicable mitigation measures proposed in the Cypress Plaza Final Environmental Impact Report (September 22, 1986), in the Cypress Downs Final Supplemental Environmental Impact Report (October 10, 1988), and amended in the Cypress Business and Professional Center Final Subsequent Environmental Impact Report, shall be implemented in conjunction with development pursuant to this Specific Plan No. 89 -1 and Development Agreement No. 90 -1. To the extent there is any inconsistency between the earlier EIRs and the Cypress Business and Professional Center Final Subsequent Environmental Impact Report, the most recent document shall prevail. 2. The applicant shall enter into a Mitigation Monitoring Compliance Agreement (MMCA) with the City of Cypress within sixty (60) days from the date of certification of the Final Subsequent Environmental Impact Report. 3. Execution of and performance of all obligations of the developer as set forth in the draft Development Agreement No. 90 -1, which is on file with the City Clerk, and 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 Specific Plan No. 89 -1. 4. Covenants, Conditions and Restrictions shall be subject to approval by staff and the City Attorney. 5. The following changes shall be incorporated into the final approved Specific Plan: o Page II -2, paragraph A: The references to the "Redevelopment Project Area" and the "Redevelopment Plan" shall each be preceded by the word "proposed." o Page III -4, paragraph 4, Policy No. 2: Delete words "and golf course" from Policy No. 2. o Page III -5, paragraph 5: In policy 5.1 change "consistent" to "compatible." o Page III -6, paragraph 6: Policy No. 6.4 shall be revised to read: "Use the Subsequent Environmental Impact Report for this Specific Plan area as the basis for efficient and timely processing of development projects." o Page III -6, paragraph 7: Add to Policy No. 3 the following sentence: "The payment for infrastructure requirements and their construction will be by the developer, unless other means are provided for as approved by the City." o Page III -7, paragraph 7: Add to Policy No. 5: "As an exampie, the Redevelopment Agency may decide to use some of this revenue in lieu of or instead of developer funds for infrastructure and similar improvements, such as utility undergrounding." o Page III -8, paragraph 3: Modify the fourth sentence to read: "Future utility line additions will be placed underground in public streets and easements as will existing overhead power, Cable TV and telephone lines along Walker Street and Katella Avenue (including golf course frontage). Developer shall also make a cash deposit for its share of future costs for undergrounding any telephone lines, cable television lines, and electrical lines (except those described in Cypress City Code Section 25 -32 (a) (2)) along Cerritos Avenue adjacent to Planning Area 2." o Page III -10: Delete last paragraph beginning: "The preferred." On page III - 11, add after sentence ending in "planning stage" the following sentence: "The developer must obtain approval from the City Engineer for the alternative selected." o Page IV -1, paragraph 1: Regarding "Goals ", change the word "alleviate" to "reduce." o Page IV -2, paragraph 2: Replace objective 2.4 with the following: "Adequate onsite parking shall be provided for the race track as per required parking standards in the Specific Plan and if onsite parking becomes inadequate, modifications will be made to provide additional parking needed on the Race Track parcel subject to a conditional use permit if a parking structure is used." o Page IV -4, paragraph la: Add after second sentence: "An additional access point on Cerritos Avenue will be subject to approval during site plan review by the Design Review Committee." o Exhibit 8, Exhibit 12, and Exhibit 17: Regarding Exhibit 8: On diagram for Walker Street, show left Right -of -Way as being railroad tracks, change both landscaped parkways to 20 feet, delete left sidewalk, and change dimension from R.O.W. to R.O.W. to 88 feet. Regarding Exhibit 12,: Make same changes as for Exhibit 8. Regarding Exhibit 17: Change both landscape setbacks to be ten (10) feet. o Page IV -5, paragraph g: Revise second paragraph to read: "Parking for race track events will be provided onsite. If at any time parking proves to be inadequate to accommodate major events, sufficient parking shall be found on the Race Track parcel, including, if necessary, construction of parking structures upon obtaining any necessary conditional use permits." o Page IV -5, paragraph 2c: Add the following sentence: "This requirement may be satisfied for Denni Street by an irrevocable offer to dedicate." o Page IV -6, paragraph 2h: Replace entire subsection with the following: "Upon the termination of the golf course use in Planning Areas *1 and $7 the redeveloper of the areas shall pay for and construct half width improvements (including full width railroad crossing improvements and gates) on Denni Street between Cerritos Avenue and Katella Avenue." o Page IV -8, paragraph E: Modify paragraph E.1 to read: "Planning Areas 2 -6 (Business Park)." Modify paragraph 1.c(2) to read: "2) as specified in Section 14 of the Zoning Code, except as modified in the Specific Plan" and add after the word "shared" the words "or reciprocal." Revise sentence under subparagraph 2 to read: " Developer agrees to provide 6,500 parking stalls on Planning Area 8 of the Specific Plan. If at any time it appears 6,500 stalls are deemed to be inadequate by either the City or the Developer, the City and Developer shall agree upon a consultant to determine the parking needs including the methodology for providing parking and each will pay one -half of the cost for such study. If the City Council of the City of Cypress determines based upon such study that additional parking is required and no plan is feasible except construction of a parking structure on the Race Track site, Developer shall construct such a parking structure on Planning Area 8 to provide the necessary parking. If the Developer proposes to remove any existing structures, including barns, to provide such additional parking, City Council approval shall be required. o Page V -1, paragraph C: Add sentences at the end of paragraph to read as follows: "It is expected that development in the Business Park Planning Areas can be developed to the maximum intensity shown on Table 1 and the maximum height provided herein and within the floor- area - ratios, subject to reasonable conditions imposed during the Site Plan review process." o Page V -3, paragraph D4: Delete provision "D.4." o Page V -6, paragraph 3: Modify sentence as follows: "The requirement for parking shall conform to Section 14 of the City of Cypress Zoning Ordinance (see requirements cited on page IV -8 herein), except as modified herein." o Page VI -3, paragraph 6: Add to the sentence: "except as modified herein." o Page VI -11, paragraph E6: Revise first sentence to read: "Maximum building height shall not exceed 99 feet excluding any roof mounted equipment and /or architectural details, provided that a higher limit for a hotel is permissible with Council approval subject to design review." o Page VII -5, paragraph B: Modify third paragraph from the top to read as follows: "Any changes to the exterior of any buildings or yards except for - 2 - minor modifications as determined by the Planning Director must have prior approval of the Planning Department." o Page VII -8, paragraph D: Delete the word "Hacienda" in the third sentence. o Page VII -8, paragraph D: Add to end of paragraph: "The landscaping setbacks for Katella Avenue, Walker Street and Cerritos Avenue may be intruded into, subject to design review, if insufficient space in the right -of -way is available for purposes of bus turnout and acceleration and deceleration lanes." o Page VII -12, paragraph 5: Change "20 ft." landscape edge in second sentence to "10 ft." o Page VIII -1, paragraph B: In second paragraph after first sentence add new sentence as follows: "The requirement for site plan review for subdivision maps, when no development plan for the site is proposed, is satisfied by submitting to the City a site plan with only information relating to any existing use being made of the property. o Page VIII -3, paragraph 5: Add to end of second sentence: "when development plans for the property are proposed." o Page 3 of Table of Contents: Correct designation of "Acknowledgments /Individuals Contacted" to be Appendix "E ". Correct designation of "Traffic Mitigation Measures" to be Appendix "D" and correct the title to be "Inventory of Mitigation Measures ". Delete the parenthetical comment following this title. o Exhibit 9: Add Cross Section "E" designation for the west side of Walker Street between Cerritos Avenue and the Railroad tracks. o Exhibit 15: Designate typical dimension from Walker Street curb line to property line as "20' -0" minimum ". Add a note Exhibit 15 to read "Additional R/W dedication required as necessary to maintain minimum parkway width, measured from curb line after final improvements." o Page IX -5: Legal description needs to be stamped, signed and dated by a California licensed Land Surveyor or California licensed Civil Engineer qualified to practice land surveying. o Page V -5: Section E.1.a. shall be revised to read: "The following setback requirements pertain to Planning Areas 5 and 6 only:" o Page II -3: Section II -D shall be amended to reflect the language contained in Condition No. 11. o Page VIII -2: Section VIII.B.2. shall be amended to reflect the language contained in Condition No. 11. o Appendix D: Revise Mitigation Measures #1 through #80 as required to read per Attachment 1 to this Exhibit "A." o Remove the extraneous sheet following Mitigation Measure #80, entitled "D. List of Mitigation Measures." o Appendix E: Add appendix designation "Acknowledgments /Individuals Contacted." to the sheet entitled 6. All development within the Specific Plan area shall comply with the Federal Aviation Regulations (FAR) Part 77. Any building that penetrates the 100:1 clearance surface is required to file an FAA Form 7460 -1, NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION. When this notice is filed, the FAA will determine the precise effects of the project on the Seal Beach VORTAC, as well as on the operations of the Los Alamitos Armed Forces Reserve Center. 7. 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 - 3 - Public Resources Code, Division 13, CH. 4 (§ 2100 et seq. - including but not by way of limitation § 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. 8. As a condition precedent to the issuance of any discretionary permit or approval by the City, the developer /applicant shall have met 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. 9. 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.. 10. 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. 11. Upon submittal by the applicant, or any successor -in- interest to the subject property, of a development application, City staff shall review the same and determine if the proposed development conforms to the development assumptions made in the EIR project description and utilized throughout the analysis in the EIR. Should the City determine that the proposed development does not conform to the development assumptions made in the EIR's project description and utilized in the EIR analysis, even though the proposed development is consistent with the specific plan, the application shall not be approved until such time as additional environmental impacts, if any, are identified, analyzed, and the appropriate level of environmental review is completed. ATTACHMENT 1 MITIGATION MEASURES The mitigation measures required from previous environmental documentation that have not been amended in the Cypress Business and Professional Center EIR are listed in items #1 through # 17 below. Some of these measures have been reworded slightly to make them compatible with a mitigation monitoring program. Earth Resources # 1. All structures shall . be designed, as confirmed during building design plan checking, to withstand anticipated groundshaking caused by future earthquakes 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. # 2. 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. Therefore, a soils engineering and geologic study shall be undertaken and submitted to the City Engineer for approval prior to submittal of formal site development plans for each structure on site. Said study shall accurately assess the potential for high groundwater 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 /engineering parameters for each proposed project. # 3. Whenever feasible, grading shall be conducted during the dry season to reduce onsite soil erosion. Hydrology # 4. To mitigate local drainage problems, storm drains shall be installed into the study area as well as streets capable of carrying run -off. These systems shall be planned in accordance with City master plans and designed and constructed as necessary during the various phases of development. # 5. Exposed soil areas shall be planted where appropriate to control downstream sedimentation. Planting plans prepared for each site development shall reflect this requirement. # 6. Development within 100 -year flood zone areas shall be subject to all applicable construction and floodproofing requirements (i.e., height of lowest floor 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 each site grading plan submittal. JN 26008.CYPRESS -1- # 7. Developer will pay Master Planned Drainage fees not offset by construction of Master Planned Facilities. The drainage fee shall be paid in full for the 74.6 acre Business Park area computed on gross acreage and for 5 acres of the golf course for the club house which is being developed immediately. Drainage fees will be paid prior to the issuance of building permits based upon the acreage of planning areas involved. The amount of said fee shall be based on the per acre assessment in effect at the time the fee is paid. Noise #8. Construction activities will take place only on weekdays and Saturdays between 7:00 a.m. and 8:00 p.m. (and excluding holidays) to reduce noise impacts during more sensitive time periods. # 9. The use and proper maintenance of noise reducing devices on construction equipment will minimize construction- related noise and shall be required. # 10. Although traffic noise increase along Lexington Drive, Denni Street, Moody Street and Walker Street resulting from the project will be audible, no mitigation measures are required or proposed to reduce traffic noise along these routes since current noise levels are quite low. #11. Specific acoustic analyses, performed at the precise plan approval stage, will be required and will ensure that building location, truck access, parking area design and air conditioning/ refrigeration units are carefully designed and evaluated to minimize the potential for noise impacts on and offsite and insure compliance with the City of Cypress Noise Ordinance and Noise Element. # 12. Minimization of onsite ground vibration and noise impacts adjacent to the railroad spur will be considered during structural design of buildings. Public Safety #13. 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. (The EPA has authorized the State 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. Such compliance shall be effected coincident with each business obtaining its City Business Tax License, if required. or obtaining a Certificate of Occupancy if a Business Tax License is not required. #14. Industries which store hazardous materials in underground tanks shall obtain permits and comply with standards set forth by the State Regional Water Quality Control Board. Such compliance shall be effected coincident with each business obtaining JN 2 i008.CYPRESS -2- its City Business Tax License, if required, or obtaining a Certificate of Occupancy if a Business Tax License is not required. # 15. If point source discharge is contemplated with any of the proposed land uses, a National Pollution Discharge Elimination System (NPDES) permit must be obtained from the State to satisfy Federal requirements. Such compliance shall be effected coincident with each business obtaining its City Business Tax License, if required, or obtaining a Certificate of Occupancy if a Business Tax License is not required. # 16. All generators and transporters of hazardous materials shall acquire necessary safety equipment. These safety equipments include: a telephone or radio for emergency communications; protective clothing and equipment for employee safety (e.g., breathing apparatus, respiration, goggles, boots); warning or alarm system; readily available safety shower and eyewash; first aid supplies. Such compliance shall be effected coincident with each business obtaining its City Business Tax License, if required, or obtaining a Certificate of Occupancy if a Business Tax License is not required. #16a. 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 Districts, and the agreement executed by all parties prior to the City's acceptance of the developer's application for the first site development plan within Development Areas 2, 3, 4, 5 or 6. Aircraft Hazards #17. 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 applicant will comply with all appropriate FAA standards and requirements. The findings of the FAA will be transmitted to the City of Cypress prior to the application for building permits. JN 26008.CYPRESS -3- A. CIRCULATION AND TRAFFIC Intersection Improvements in Cypress In the Cypress Business Park TSM study, a number of intersection improvements were identified. These improvements were incorporated into the Traffic Impact Mitigation Fee ordinance of the City. In this study of the traffic related impacts of Cypress Business and Professional Center, the intersection improvements identified in the Business Park TSM Study were analyzed and verified as applicable and appropriate. The intersection configurations presented in Exhibit 10, FUTURE INTERSECTION CONFIGURATIONS, are consistent with the City's Ordinance and various resolutions pertaining to the Traffic Impact Mitigation Fee. #18. In accordance with Resolution No. 3282, the developer shall participate in the City's Traffic Impact Mitigation Fee assessment, as required by Ordinance No. 778. #19. The Traffic Impact Mitigation Fee will be paid 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. #20. The applicant shall be responsible for improvements identified for the intersection of Cerritos Avenue and Walker Street that are located immediately adjacent to the project site, and will require dedication of property, as needed. Such improvements shall be constructed simultaneously with the first grading permit issued for Development Area 2. #21. The southbound leg of Walker Street at the intersection of Katella Avenue shall be restriped to provide one southbound right and two southbound left -turn lanes and thus improve the operation of the intersection of Katella Avenue and Walker Street to LOS "D" (ICU = 0.89). This restriping shall be implemented when traffic operating conditions warrant such action as indicated by the City Traffic Engineer. #22. In the event that traffic levels in the residential area south of the project site are observed to increase significantly, the following options may be considered by the City of Los Alamitos. ° Construct a median barrier on Katella to restrict through traffic flow across Katella. JN 26008.CYPRESS Make Siboney a one -way street, with traffic flow restricted to northbound movements. Residential traffic inbound to the tract would be required to enter the tract via the other local streets to the west of Siboney. -4- Cul -de -sac Bennington Street and /or Mindora Street at Howard Avenue, eliminating the possibility of traffic accessing Howard Avenue directly from the racetrack /project site. The project Specific Plan shall be conditioned to evaluate, provide funding for and implement whatever option is selected, should such action be deemed necessary. Intersection Improvements in Los Alamitos Each of the three intersections within the City of Los Alamitos which were analyzed in this study will require future improvements. With the following improvements, LOS at these intersections would be improved but some problems would still exist. The project Specific Plan shall be conditioned to,provide for these improvements or equivalent improvements. CERRITOS AVENUE AT LOS ALAMITOS BOULEVARD #23.. A second northbound left -turn lane and a southbound through lane on Los Alamitos Boulevard shall be provided to reduce the afternoon peak hourly ICU value to 0.89 (LOS "D "). KATELLA AVENUE AT BLOOMFIELD STREET #24. North and southbound left -turn lanes on Bloomfield Street shall be added to improve the morning and afternoon peak hourly ICU values to 1.10 and 1.23 respectively (LOS "F' in both" cases). KATELLA AVENUE AT LOS ALAMITOS BOULEVARD #25. An northbound through lane and southbound left -turn lane shall be provided to reduce the ICU value in the morning peak hour to 0.97 (LOS "E ") and the afternoon peak hourly ICU to 1.35 (LOS "F "). Further improvements to these ICUs would require additional through lanes on Katella Avenue to accommodate the large peak hour volumes. Responsibility for Improvements Improvements at the above three intersections and Mitigation Measure #22, or equivalent mitigation measures determined necessary by the City of Los Alamitos, would most likely be the joint responsibility of the City of Los Alamitos and Cypress Business and Professional Center. The reasoning behind this joint responsibility is that each of the intersections currently experience congestion problems which will continue to worsen with or without the Cypress Business and Professional Center project. It should be pointed out that the improvements outlined could require significant acquisition, particularly at the intersection of Katella and Los Alamitos. Alternative methods for improving intersection operation, such as coordination of signal timing along major arterials (even when City boundaries are crossed), may also be considered. JN 26008.CYPRESS -5- Los Alamitos, Cypress and Cypress Business and Professional Center shall discuss the matter of responsibility and arrive at an allocation of responsibilities that would be equitable to all parties. Denni/Lexington Street #26. Denni Street shall be dedicated and be constructed to a half -width of 40 feet east of the centerline between Katella Avenue and Cerritos Avenue. In addition, a full - width (80 feet) crossing of the railroad tracks will be constructed at -grade with appropriate protection for the crossing and will be subject to review and approval by the Southern Pacific 'Railroad and the Public Utilities Commission. Such improvements shall be constructed by the property owner(s) of Planning Areas 1 and 7 upon the golf course being redeveloped to another use, or sooner if paid for by the City. #27. The intersection of Denni Street /Katella Avenue shall be designed and constructed to ensure that the appropriate north -south alignment can be maintained through the intersection with acceptable off -sets. Additional right -of -way dedication shall be required from Cypress Business and Professional Center if needed to provide for adequate vehicular movements if rights -of -way are not available from the westerly property owner. Such improvements shall be constructed by the property owner(s) of Planning Areas 1 and 7 upon the golf course being redeveloped to another use, or sooner if paid for by the City. #28. The intersection �f Cerritos /Denni shall be designed and constructed to provide for its ultimate configuration. Such improvements shall be constructed by the property owner(s) of Planning Areas 1 and 7 upon the golf course being redeveloped to another use, or sooner if paid for by the City. #29. All points of pedestrian and vehicular crossing of the railroad tracks in Planning Area 8 shall be constructed to the requirements of the PUC and Southern Pacific Railroad as to crossing protection and surface improvements. Such improvements shall be constructed by the owner of Planning Area 8 upon obtaining ownership of the railroad track property, provided that the existing users of the tracks be permitted to continue use as needed. The right to cross the railroad track property is provided in accordance with an existing Agreement executed between Southern Pacific Railroad and the property owners. Internal Circulation and Access #30. Traffic signals shall be installed at the intersection of Walker Street and the major access point south of the Southern Pacific Railroad tracks (This street provides joint access to Development Areas 4 and 5). Construction shall be performed coincident with development of Development Area 4 or 5. whichever commences first. .N 26008.CYPRESS -6- #31. Traffic signals shall be modified as necessary at the following intersections. These modifications shall commence with the development of Development Areas noted: • Katella Avenue at Winners Circle (Development Area 5) • Katella Avenue at Siboney (Development Area 5 or 6, whichever occurs first) • Katella Avenue at Denni Street (Development Areas 1 and 7) • Cerritos Avenue at Denni Street (Development Areas 1 and 7) • Cerritos at Walker • (Development Area 2) • Katella at Walker (Development Area 5) #32. At all driveway access locations along Katella Avenue, Cerritos Avenue, and Walker Street adequate sight distance shall be provided by avoiding the placement of structures, signs, landscaping, and other objects that would obstruct the vision of drivers. Determinations shall be made at the time of each site development review. #33. Driveways on Katella Avenue, Cerritos Avenue and Walker Street shall permit left -turn access to the project in such a manner that adequate left -turn pockets can be provided on the streets. Conceptual designs shall be submitted for City. Engineer's approval at the time of site development plan review for each development area. #34. An eastbound median left -turn pocket on Katella Avenue at Winners Circle shall be provided and the traffic signal shall be modified to provide for eastbound protected left -turn movement. (This movement will require cooperative interaction with the City of Los Alamitos.) Design and construction shall be conducted coincident with development of Development Area 5. #35. The developer shall cooperate with the Racetrack to develop a traffic control plan satisfactory to the Racetrack, Cypress Business and Professional Center and the City of Cypress. • If Siboney is to be retained as the primary access point for the racetrack, the roadway between Katella and the racetrack parking lot shall be constructed with sufficient capacity to handle traffic associated with the racetrack and the proposed Cypress Business and Professional Center development. The needs for the project are expected to be less than those for the racetrack. The traffic control plan shall be submitted for approval coincident with development of Development Areas 5 or 6, whichever develops first. #36. Acceleration /deceleration lanes, to facilitate traffic movements at unsignalized project driveways, shall be provided as determined necessary by the City Engineer. Conceptual design shall be submitted for City Engineer's approval at the time of site development plan review for each development area. JN 26008.CYPRESS -7- 7r;r' +.s #37. A traffic signal shall be installed at the intersection of Walker Street and the Race Track entrance. This signal shall operate in a flashing mode except during race track events, at which time it will be controlled manually by the Police Department. Construction shall be performed when determined necessary by the City Engineer who will have the authority to determine if this signal or the one on Walker Street at the junction of Planning Areas 4 and 5 is necessary. #37a. The parkway including sidewalk along the west side of Walker Street shall be 20 feet and if additional right -of -way is required it shall be dedicated to the City and reduction in the required setback will be made corresponding to the additional area dedicated. Travel Demand Management The importance and substantial benefits of a stringent Transportation System Management (TSM) program in the Cypress Business Park has been recognized by the City of Cypress. #38. Cypress Business and Professional Center shall be required to participate in the TSM Plan adopted for the Cypress Business Park and to participate in the Transportation Management Association (TMA) that has been formed by various entities in the Business Park with the assistance of the City and its consultants. Specific TSM actions by Cypress Business and Professional Center might include: • • • • • Establish a Transportation Coordinator position to act as a liaison with the Cypress Business Park TMA. Encourage alternative commute modes such as carpooling, vanpooling, transit use, cyclo- commuting and others. 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 /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 on -site access to bus schedules and bus tokens and passes. Encourage peak hour trip reduction techniques, such as alternative work hours, flextime, staggered work shifts, telecommuting and 4 -day workweeks. The developer shall implement, or cause to be implemented by his tenants or successors in interest as a condition of development, trip reduction programs consistent with City Ordinance No. 818. This includes payment of assessments in support of the Cypress Business Park Transportation Management Association. JN 26008.CYPRESS -8- Participation in the TSM plan and payment of assessment shall be performed simultaneously with each business obtaining its City Business Tax License, if required, or obtaining a Certificate of Occupancy if a Business Tax License is not required. Transit The following transit amenities shall be implemented to enhance the Orange County Transit District's existing services. #39. Bus turnouts shall be provided at stop locations, if determined to be necessary by the City Engineer, based on roadway cross - section, travel volumes, or speeds. This may require dedication of property by the developer. Where appropriate, bus turnouts may be placed in acceleration /deceleration lanes. Conceptual designs shall be submitted for City Engineer's approval at the time of site development plan review for each development area. #40. Should the material used to construct Katella Avenue be insufficient to support continued transit use of the bus stops, a concrete bus pad, able to support the weight of a bus, may be required at each transit stop. Designs shall be submitted for City Engineer's approval during site engineering for each development area. #41. A paved passenger waiting area complete with a bus shelter and bench at each turnout shall be provided. Bus shelters shall be provided by the City in accordance with its bus shelter franchise. Designs shall be submitted for City Engineer's approval during site engineering for each development area. #42: A paved and lighted handicapped- accessible pedestrian accessway shall be provided between each stop and the project buildings. Designs shall be submitted for City Engineer's approval during site engineering for each development area. #43. Should new bus service be provided along Cerritos Avenue or Walker Street in the future, prior to project build -out, transit amenities including, but not limited to, passenger waiting areas, bus stop access ways, bus benches and concrete bus pads, shall be provided, as requested by OCFD and deemed appropriate by the City Engineer. B. LAND USE AND RELEVANT PLANNING Long -term traffic and associated noise and air quality impacts will be mitigated by measures outlined in Section IV.A, CIRCULATION AND TRAFFIC, Section IV.D, AIR QUALITY, and Section IV.E, NOISE. #44. Prior to each building permit issuance, the applicant shall submit a landscaping plan, consistent with the approved Specific Plan, designed to soften visual impacts of the project and to serve as a buffer to preserve land use compatibility in the area, where it is determined necessary. JN 26008.CYPRESS -9- #45. Building height limitations shall conform to Federal Aviation Regulations (FAR) Part 77 to eliminate conflicts with approach and departure paths associated with the Los Alamitos Air Field operations. FAA approval shall be obtained as described in Mitigation Measure #17. #46. At the discretion of the City, the Vessel's Home shall be relocated to a location considered acceptable to the City of Cypress. The determination shall be made prior to issuance of a grading permit for Development Area 6. The developer will not be responsible for any costs for the moving of the house, and the house will be removed within 60 days of receiving a request from the developer to remove it, or the house may be razed. C. AESTHETICS #47. Each site development plan shall comply with Guidelines contained in the Specific Plan for architectural design, signage and landscape /streetscape design. #48. Each site development landscaping plan shall be consistent with the Specific Plan in order to maintain a cohesive theme across the project site and to reduce aesthetic impacts associated with groups of structures on the site from adjacent roadways and residential properties. #49. Landmark trees within each development area shall not be removed until authorized by the City of Cypress and such trees will be replaced on -site with an equivalent number of specimen trees (48 -inch box or larger) to be incorporated into the landscaping treatment of the Specific Plan site. Replacement trees will be in addition to normal tree planting requirements. #50. Adequate lighting, to be determined during each site development final plan preparation, shall be provided for all automobile parking areas, trucking and loading areas, and all pedestrian and vehicle access points. #51. Parking lots shall be lighted. All lighting, interior and exterior, shall be designed and located to minimize power consumption and to confine direct illumination to the premises to avoid light and glare impacts. Lighting design shall be performed during each site development final plan preparation. #52. View corridors along adjacent roadways shall be preserved by conformance with the design standards (building setbacks, height limitations, etc.) and landscaping criteria as set for the in the Specific Plan. Conformance shall be determined during each site plan submittal review. #53. Visual access to the racetrack shall be preserved by establishing view corridors along track entrances and proper signage to the satisfaction of the Planning Director. Conformance shall be determined during each site plan submittal review. JN 26008. CYPRESS -10- C. AIR QUALITY #54. Construction of the proposed project shall require compliance with SCAQMD Rule 403 which would reduce fugitive dust amounts by up to 50 percent. Dust reducing measures shall include regular watering of graded surfaces, restriction of all construction vehicles and equipment to travel along established and regularly watered roadways, and suspending operations that create dust during windy conditions. Compliance shall be a condition of each grading permit issued for the site. #55. The project shall comply with SCAQMD's Regulation XV, requires employers of more than 100 persons to devise ridesharing plans to reduce vehicle miles travelled. This may apply to employers within the office buildings or commercial areas. It is the responsibility of the individual employers to develop specific programs, as well as comply with City Ordinance 818. Compliance shall be per Mitigation Measure No. 38. #56. Energy conservation practices, as required by the Subdivision Map Act, Building Energy Efficiency Standards (California Energy Commission, 1988), and state and local laws, shall be incorporated into the design of the project to have the secondary effect of limiting stationary source pollutants. Compliance shall be determined during building plan review of each building submitted for plan check. E. NOISE #57. Construction activities shall be limited to the hours of 7:00 a.m. to 8:00 p.m., Monday through Saturday, excluding holidays. #58. All state and local standards for exterior and interior noise exposure shall be met. Prior to issuing each building permit onsite, the applicant shall submit evidence, to the satisfaction of the City, that all project land uses will meet applicable exterior and interior noise standards. The applicant may be required to prepare a detailed acoustical assessment indicating mitigation measures necessary to achieve acceptable exterior and interior noise levels on -site, to the satisfaction of the City. F. PUBLIC SERVICES AND UTILITIES Sewer #59. All required sewer improvements will be designed and constructed to City and CSDOC standards and will be approved by the City Engineer prior to development. These improvements may be constructed in a phased sequence depending upon the development process. Facilities shall be dedicated to the City and /or CSDOC at the completion of construction. #60. The applicant shall pay sewer connection fees to both the City and CSDOC in order to obtain wastewater collection and treatment services. The fees shall be determined to be those in effect at the time the fee is paid. JN 26008. CYPRESS Storm Drainage Specific mitigation measures pertaining to design details shall be identified upon selection of a drainage alternative. However, the following shall apply to any of the alternatives selected. #61. Drainage system design and connection to County flood control channels shall be subject to approval of the County of Orange if and when the system ever connects directly into the County flood control channels. #62. Any offsite drainage improvements shall be designed and constructed to adequately convey runoff from the site in addition to existing flows, provided developer's costs are limited to paying for only the burden caused by runoff from the site. #63. The developer shall pay, prior to the first building permit being issued on each development area, the local drainage area acreage assessment currently in effect per City Ordinance. Drainage fees paid for Development Areas 2, 3, 4 and 5 are subject for reimbursement, in part, to the developer of the Walker Street Storm Drain. The drainage fees will only be collected for the development of the Business Park Planning Areas and for 5 acres of the golf course. Fees for the rest of the golf course area and the race track will be collected whenever they are redeveloped to different uses. #64. Drainage system improvements shall be designed and constructed to City and OCFCD standards, if applicable, and will be approved by those agencies prior to development. Improvements may be constructed in a phased sequence depending upon the development process. Facilities shall be dedicated to the City at the completion of construction to the extent required by the City. Solid Waste #65. The Project Applicant shall submit advance notice to Briggeman Disposal Service Inc. (1) one week prior to the occupancy date of each building. #66. Where feasible, buildings shall install refuse compacting equipment to substantially reduce the number of refuse hauling trips and allow for more effective and sanitary disposal. #67. Each building occupant shall, as a condition of use, participate in any source reduction or recycling program developed by, or adopted by the City to reduce waste generation. J\ 26G08.CYPRF.SS -12- #68. Any hazardous waste that is generated onsite shall be transported to an appropriate disposal facility by a licensed hauler in accordance with the appropriate State and Federal Laws. Gas #69. Easements shall be provided onsite for all mains not installed in a public right -of- way. #70. All services and facilities built will be in accordance with policies and extension rules of the California Public Utilities Commission and federal regulatory agencies. Schools #71. Pursuant to A.B. 2926. school districts may assess developers of commercial developments to mitigate impacts on school facilities. Prior to each building permit being issued, the developer shall pay fees, in accordance with the law, to the appropriate school districts. Parks and Recreation At the present time, the Cypress Recreation and Parks District does not require or recommend mitigation measures. Water #72. SCWC charges a-special facility fee for industrial and commercial development to offset the cost for water supply facilities. Appropriate fees, as required by SCWC will be paid by the applicant. An onsite reservoir site could be provided as mitigation in lieu of mitigation fees. #73. Precise water system requirements will be determined during detailed levels of project design and are subject to the provisions of the site plan review by the City of Cypress and the Southern California Water Company. #74. Water mains shall be dedicated to the water company after construction and acceptance. #75. As required by state law, the following water conservation measures shall be incorporated into the design of each building on the site: 1N 26008. CYPRESS Low -flush toilets Low -flow showers and faucets Insulation of hot -water lines in water recirculating systems -13- 17& 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 tope of soils will improve the water - holding capacity of the soil by reducing evaporation and soil compaction. Install efficient irrigation systems which minimize 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. Use pervious paving material whenever feasible to reduce surface water runoff and aid in ground water recharge. Investigate the feasibility of utilizing reclaimed waste water, stored rain water or "gray" water for irrigation. Telephone #76. All telephone service will be in accordance with the tariffs and regulations on file with the California Public Utilities Commission. #77. All existing telephone lines along Walker Street and Katella Avenue, but excluding those along Cerritos Avenue, and all proposed telephone lines on or adjacent to the site shall be placed underground as determined by the City Engineer per City Ordinance and Public Utilities Commission regulations. Developer shall also make a cash deposit with the City for the cost of undergrounding any telephone lines along 1N 20008.CYPR£SS -14- Cerritos Avenue adjacent to Development Area 2. Undergrounding shall be performed concurrently with development of each development area. Electricity #78. The developer shall be responsible for installing underground all proposed electric lines within the development. #79. All existing electrical facilities, excluding those along Cerritos Avenue, and all proposed electrical facilities, on or adjacent to the site shall be placed underground as determined by the City Engineer per City Ordinance and Public Utilities Commission regulations. Developer shall also make a cash deposit with the City for the cost of undergrounding any electrical lines (except those described in City Code Section 25 -32 (a)(2)) along Cerritos Avenue adjacent to Development Area 2. Undergrounding shall be performed concurrently with development of each development area. Fire Services No mitigation measures are required. Police Services #80. Each development project on the site, as determined during design reviews, shall be subject to security requirements or design modification to minimize potential criminal activity.