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Resolution No. 3336289 RESOLUTION NO. 3336 A RESOLUTION OF THE CITY COUNCIL /PLANNING AGENCY OF THE CITY OF CYPRESS CERTIFYING AS TO ITS REVIEW OF THE FINAL ENVIRONMENTAL IMPACT REPORT FOR RESIDENTIAL ALTERNATIVES PROPOSED FOR THE SORRENTO PLANNED RESIDENTIAL DEVELOPMENT AND MAKING CERTAIN FINDINGS WHEREAS, the City Council /Planning Agency of the City of Cypress conducted a public hearing on January 11, 1988 and reviewed the Draft Environmental Impact Report and responses to the Draft Environmental Impact Report for the Residential Alternatives Proposed for the Sorrento Planned Residential Development; and WHEREAS, the City Council of the City of Cypress has reviewed the Draft Environmental Impact Report prepared for the Residential Alternatives Proposed for the Sorrento Planned Residential Development, and a motion was made to approve the Draft Environmental Impact Report subject to the conditions of approval in Exhibit "B" attached. NOW, THEREFORE, the City Council /Planning Agency of the City of Cypress does hereby resolve as follows: SECTION 1. Pursuant to the legal requirements for posting and conducting a public hearing on said Draft 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 Environmental Impact Report and incorporated therein, the Draft Environmental Impact Report is hereby approved and adopted as the Final Environmental Impact Report for Residential Alternatives Proposed for the Sorrento Planned Residential Development. SECTION 2. The City Council /Planning Agency hereby certifies that the Final Environmental Impact Report for Residential Alternatives Proposed for the Sorrento Planned Residential Development has been completed in compliance with the California Environmental Quality Act of 1970 and the local environmental Resolution No. 1584 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 Environmental Impact Report: a. That the adverse environmental impacts which may result from implementation of Residential Alternatives Proposed for the Sorrento Planned Residential Development, have been considered and recognized by the City Council /Planning Agency. b. The draft EIR was distributed to appropriate public agencies and made available for public review during a 45 -day public review period from October 15 through November 30, 1987. c. The City of Cypress conducted a special community meeting on November 17, 1987 to provide information and receive public input on the draft EIR for the residential alternatives for the Sorrento Planned Residential Development. d. Both written and oral comments received at the community meeting and from public agencies were reviewed and incorporated into the Final EIR in the document entitled, "Response to Comments ". e. That comments and responses on the Draft 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 will be incorporated into the Final Environmental Impact Report. 290 f. That based on information set forth in the Draft Environmental Impact Report and responses thereto, the City Council /Planning Agency finds and determines that measures to mitigate certain impacts on landform, geology and soils; hydrology; site cleanup /public health and safety; land use and relevant planning; aesthetics; circulation and traffic; noise; climate and air quality; public utilities and service; and socioeconomics exist and are included in the Final Environmental Impact Report (outlined in Attachment A). g. That based upon mitigation measures referred to in Attachment A, all environmental impacts of this project are mitigated to a level of insignificance, except landform, geology and soils; hydrology; site cleanup /public health and safety; land use and relevant planning; aesthetics; circulation and traffic; noise; climate and air quality; public utilities and services; and socioeconomics. h. That certain adverse impacts associated with long -term air quality and traffic cannot be entirely mitigated due to the involvement of areas outside the City jurisdiction. i. Any residential alternatives will not decrease service capacity on the surrounding circulation system beyond an acceptable level of services. j. That without a certified EIR, the removal of the tank floors and underground pipes cannot take place. k. That without a certified EIR, continued cleanup of the project site, including contaminated soil and water, cannot take place. SECTION 4: That the City Council /Planning Agency hereby finds and determines that all feasible measures will be incorporated into the Specific Plan which will mitigate or substantially avoid any significant environmental effects except for those impacts set forth in Section 3.d. The City Council /Planning Agency further finds that for any environmental impacts not mitigated or substantially lessened, the City Council /Planning Agency hereby adopts the following statement of overriding considerations: The City Council /Planning Agency finds that, based upon the Final Environmental Impact Report and /or information contained in the record, its action to approve and carry out the alternative projects (Sorrento Planned Residential Development) is supported for the following reasons: a. Implementation of the project alternatives will provide a land use type (residential) consistent with existing and proposed zoning. b. Implementation of the project alternatives will provide a land use type (residential) consistent with surrounding land uses. c. Implementation of this project will promote the objectives of the City's General Plan by providing a residential land use in a residentially zoned area. d. The project will provide 0 -885 new homes for the City of Cypress. e. The project will provide park and recreational facilities for the City of Cypress. f. Implementation of the project will result in circulation and public improvements to the site. Therefore, the benefit of land use consistency, circulation and public improvements and the provision of new housing 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 11th day of January 1988. -2 - OF THE CITY OF CYPRESS ATTEST: j CITj(CEL RK HE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS 1, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council /Planning Agency held on the 11th day of January 1988, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Coronado, Davis, Mullen and Arnold NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Kanel '77 CITY CLERK TO THE CITY CYPRESS 3 291 11GF+ 00L292 WILLOW PARK "9- EXHIBIT "A" DISL ADMIN. �MBURY AVc. II IlctsznY._ OFFICE 1 I ORANGE AVENUE FAIRFIFI n WAY MARGARET LANDEL L EL EM SCHOOL HANSV R HI' .I C w 4452 4 zr (n J ~ B fA V z � IIM I OVNI.. 1 -;`— JI 6050 At IL I II I BALL ROAD Lam_ r, l 5372 i 5685 1 CARE z z W ROBERT CA W THON EL EM. SCHOOL PATk'C14 c 5272 5/33 CA; HY LIBRA ESTHE EDA 1% _ MARC CW0 CITY OF CYPRESS TANK FARM SPECIFIC PLAN 86 -2 Project Site z MAR — CITATt u) 63 SARATOGA J 1 Cr CC ATTACHMENT 1 TO EXHIBIT "A" iu as n 1 \L\.VIL11 \1t ;•1r�1L 10: CYPRESS HOMES, INC. • % THE FIELDSTONE 0 ,Y 14 CORPORATE PLAZA NEWPORT BEACH, CA 92660 ATTENTION M*. D.R. LANGLOIS 877013015 $7.00 MUL TAX STATEMENIS TO CORPORATION GRANT DEED =ABOVE ADDRESS C RECEIVED DEC I i 1987 TEXACO REFINING AND MARKETING INC., a Delaware corporation successor in interest to Texaco Inc., a Delaware corror ?tion Fir valuable consideration, the receipt of which is hereby acknow- California W ledged, does hereby grant and convey to Cypress Homes, Inc., A Corporation f all that real property located in the City of Cypress, County of Orange, State of California, more particularly described as follows: �p The southeast quarter of Section 17, Township 4 South, ( Range 11 West in the Rancho Los Coyotes, as shown on a map ID recorded in Book 51, page 11 of Miscellaneous Maps, records of Orange County, California. Excepting therefrom the zr West 20.00 acres of the Northwest quarter of the Southeast quarter of said Section 17. 293 Recorded at the request of FIRST AMER. TITLE INS. CO. 8:00 A.M. 9 .IAN 1987 Official Records Orange County, Calif. a Recorder OThis Grant and Conveyance is made on the condition that �-- said real property shall not be used for the retail sale of petroleum products for a period of ten (10) years from the date hereof. Excepting and reserving unto grantor all of the minerals. including and without limitation, all the oil, gas and other hydrocarbon substances below five hundred (500) feet from the surface but without any rights to use the surface or that portion of said land lying within five hundred (500) feet of the surface, and also excepting and reserving unto grantor the right to drill into and through said land below five hundred (500) feet from the surface. This Grant and Conveyance is made upon Grantee's full knowledge that said real property has previously been used for storage of crude oil, fuel oil, refinery intermediate products and /or refined products. Excepting therefrom all improvements, structures, and buildings located on said land as existed thereon as of the date of recording of this deed. NOTE: All grantor's right and title to any and all improvements located on the land described herein will terminate upon the recording of a notice of completion by said grantor signifying the removal of said improvements. Subject to the covenants, conditions, restrictions, reser- vations, encumbrances, liens, and easements now of record. IN WITNESS WHEREOF, TEXACO REFINING AND MARKETING INC. has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its Regional Manager and attested by an Assistant Secretary thereunto duly authorized this 5 day of January, 1987. TEXACO REFINING AND MARKETING INC. By: ATTORNEY -IN -FACT ATTEST: / I. AS ISTANT SECRE' 294 EXHIBIT "B" CERTIFICATION OF SORRENTO EIR CONDITIONS OF APPROVAL 1. All mitigation measures adopted as part of the certified EIR shall be complied with. 2. Mitigation measures shall be revised as follows: a. Draft EIR page 13. Mitigation measure for circulation in traffic shall be revised to read, "Construct the Moody Street -Ball Road connector as a collector roadway (44 feet curb to curb, 56 feet right -of -way." b. Draft EIR pages 23, 139 and 173. Mitigation Measure #57d for ultra -low -flush toilets shall be deleted. c. Draft EIR pages 18, 128 and 169. The second paragraph Mitigation Measure #44 for public transit shall be revised to read "Bus stops should be provided consistent with the OCTD recommended Design Guidelines for Bus Facilities. Most particularly, a paved passenger waiting pad will be provided at each stop. Shelters will be installed where warranted." d. Draft EIR page 37. Referenced figures are "net" densities for individual planning areas. e. Draft EIR page 38. Exhibit 3, Site Plan. Replace with attached exhibit, which corrects the dwelling unit figure for the 9 -acre 46 x 90 area (from 80 to 59), and adds a "Totals" row. The exhibit will also be revised to reflect both gross and net densities. f. Draft EIR page 67. Mitigation Measure #14, shall read, "Site Cleanup options are being thoroughly evaluated, and recommended cleanup methods and schedules are being presented to the agencies involved. A Site Remediation Plan was submitted to the Regional Water Quality Control Board and Orange County Health Care Agency in late October. Soil and groundwater cleanup should begin as soon as agency approval of cleanup recommendations is granted and the Final EIR is certified." • 295 g. Draft EIR page 73. Mitigation Measure 4118, the phrase, "in the Amendment Area" shall be omitted. h. Draft EIR page 73. Mitigation Measure #19, the first line, "The project proposes" shall read "The applicant proposes ". i. Draft EIR page 143. Mitigation Measure X58, the following sentence shall be added, "Any affordable housing required as part of any proposed redevelopment does not necessarily need to be provided onsite." 3. The following mitigation measures will be added: a. The temporary retention basin shall be utilized for storm drain improvements no longer than a period of five years from the date of issuance of the grading permit for construction of that facility. During that five years, the developer must reach an agreement with the City and County for the final design and implementation of the permanent facility and the closure of the temporary facility. The developer shall post a cash bond or irrevocable letter of credit in a form satisfactory to the City and in the amount of 100 percent of the cost of the permanent upgrade, as determined by the City and County, to ensure the improvements will be made before the end of the five -year period. b. Should the City Council desire, all future onsite soils and water tests, including tests taken following tank floor removal, shall be taken in the presence of a City designated representative. c. Should the City Council so desire, the Site Remediation Plan shall be brought back to the Council for approval prior to implementation. 4. Responses to Comments in the Final EIR will be amended as follows: Page 115 - (Response No. 1, Paragraph 4, following second sentence) Add "The Site Remediation Plan indicates that chromium and lead concentrations exceed primary drinking water standards at wells A -31 and A -21, which will be cleaned up as discussed below, in the Plan and in the Draft EIR. (Page F -VII -3 of the October 30, 1987 Site Remediation Plan). 296 Page 118 - (Response No. 5, Paragraph 2) The second sentence is hereby deleted. Page 128 - (Response No. 28) Replace the second sentence with the following: "The existing zoning alternative would include less substantial landscaped greenbelts, entry statements, housing variety, and internal circulation." Page 130 - (Response No. 37) Add: "Due to relatively low traffic volumes, the project is not expected to significantly affect local air quality." Page 131 - (Response No. 45) Refer also to Response No. 44. Letter written by Paul Hertz, dated November 15, 1987, shall be incorporated into the Response to Comments. 297 ATTACHMENT A STATEMENT OF FACTS SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROPOSED PROJECT ALTERNATIVES, FINDINGS WITH RESPECT TO SAID EFFECTS, AND STATEMENT OF FACTS IN SUPPORT THEREOF, ALL WITH RESPECT TO THE RESIDENTIAL ALTERNATIVES PROPOSED IN THE SORRENTO PLANNED RESIDENTIAL DEVELOPMENT ENVIRONMENTAL IMPACT REPORT. BACKGROUND State EIR Guidelihes (Guidelines) promulgated pursuant to the California Environmental Quality Act (CEQA) provide in part: "No public agency shall approve or carry out a project for which an environmental impact report has been completed and which identifies one or more significant effects of the project unless the public agency makes one or more of the following written findings accompanied by a statement of the facts supporting each finding." (Section 15091) The City of Cypress may adopt a proposed Specific Plan and change the zoning designation of the study area to reflect one of the residential alternatives proposed in the Sorrento Planned Residential Environmental Impact Report. Because the proposed actions constitute a project under CEQA and the Guidelines, the City of Cypress has prepared an Environmental Impact Report (EIR). The EIR identified certain significant effects which may occur as a result of this project. Further, the City Council has determined that the EIR is complete and has been prepared in accordance with CEQA and the Guidelines. Therefore, findings are set forth herein pursuant to Section 15091 of the CEQA Guidelines. 293 Impact LANDFORM, GEOLOGY AND SOILS Development of the project would result in impacts to the existing land due to necessary grading for building pads, parking facilities, street system and utilities. The site is absent of varied topography and, therefore, development will not present significant impacts to landforms or other natural features. The project is not expected to result in significant impacts due to geologic or seismic constraints with appropriate mitigation. The soils onsite are considered to have a slight erosion hazard. During grading, loose soil will be exposed which is expected to increase erosion if not mitigated properly. 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: 1. Landform None required. 2. Geology Prior to final tract map approvals, Cypress Homes, Inc. shall submit a detailed geotechnical investigation. This report shall, to the satisfaction of the City, identify any specific onsite geologic constraints and appropriate feasible mitigation measures. The report shall include discussion of removal of alluvium and colluvium and any other unsuitable materials for project development, if necessary. This may include compressible soils or soils subject to liquefaction. 3. Soils Cypress Homes, Inc. shall, to the satisfaction of the City, implement the necessary measures to minimize project erosion impacts throughout the project development. Cypress Homes, Inc. shall conform to all applicable regulations, ordinances and other documents governing erosion control. The erosion control measures may include one or more of the following: a. Placing sandbags along the perimeter of the project site prior to initial grading if grading is to be undertaken during the rainy season. b. Minimizing the length of time that soils lie exposed. c. Revegetating (landscaping, hydroseeding or any other method of providing vegetable cover) graded areas, in a manner approved by the City if determined to be required for erosion control in areas not planned for development until subsequent phases. Landscaping and hydroseeding should be under the direction of a licensed landscape architect and approved by the City. 4. Seismic Hazards Cypress Homes, Inc. shall conform to the applicable City of Cypress Building Codes to reduce the likelihood of structure failure and to minimize potential impacts in the event of an earthquake. Standard wood frame construction in compliance with the latest state -of -the art seismic building codes shall be utilized. Flexible joints shall be provided wherever utility lines enter structures and at corners with the structures. 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. -1 - 299 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: 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 presentation of additional soils tests required by the remediation plan or the regulatory agencies, grading plans, site plans, engineering data, etcetera. D. The remaining unavoidable significant effects, if any, are acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations which follows. 300 HYDROLOGY Impact Development of the site will result in changes to existing flow paths and changes to storm runoff volumes, peak flows, and velocities, caused primarily by the increase in impervious surfaces associated with residential development. Site drainage is currently proposed to flow into the Cypress Retarding Basin. Due to the inadequate capacity of this facility, temporary mitigation must be provided for project runoff by means of an interim retarding basin in the southwest corner of the site. Ultimate mitigation will require improvements to the Cypress Retarding Basin. Short term erosion potential will be increased due to construction and grading activities. 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: 1. In order to adequately convey storm runoff, a subsurface storm drain system will be constructed to collect and convey storm runoff to the southwest corner of the site, just north of the intersection of Ball Road and Denni Street as shown on the Concept Storm Drain Plan, Exhibit 5. Approximately 6,000 linear feet of storm drain is proposed, ranging in size from an 18 -inch to 72 -inch reinforced concrete pipe (RCP). A 72 -inch storm drain is proposed to carry onsite runoff to the Cypress Retarding Basin an additional 700 feet west of the site boundary, paralleling an existing 96 -inch RCP storm drain. 2. Although the Cypress Retarding Basin and Pump Station are to be ultimately upgraded, it is estimated that these improvements would not be made until the Sorrento Development is nearly completed. Therefore, in order to mitigate the increased runoff and increased area tributary to the regional drainage facilities, onsite mitigation will be in the form of a small interim retarding basin to be located at the southwest corner of the property (north of the proposed park). As shown on the Concept Storm Drain Plan, Exhibit 5, a 3 -acre "flow - by" retarding basin could be graded onsite east of Denni Street to store runoff during peak flood flows, then discharge slowly into the Cypress Retarding Basin after the storm peak has passed. Construction of the interim retarding basin will preclude development of approximately 30 lots east of Denni Street. The onsite retarding basin will be designed to store at least the peak volume of the 25- year storm. The design will also include analysis of overland flow paths for storms of greater magnitude, to ensure that flood hazards are not being increased between the Sorrento Development and the Cypress Retarding Basin. A pump station will not be required for the interim retarding basin if a sufficient storage volume can be attained without grading below the lower elevation (bottom) of the adjacent storm drain. Responsibility for maintenance and operation of the onsite retarding basin will be clearly defined and agreed upon by the County, City and Cypress Homes, Inc. The temporary retention basin shall be utilized for storm drain improvements no longer than a period of five years from the date of issuance of the grading permit for construction of that facility. During that five years, the developer must reach an agreement with the City and County for the final design and implementation of the permanent facility and the closure of the temporary facility. The developer shall post a cash bond or irrevocable letter of credit in a form satisfactory to the City and in the amount of 100 percent of the cost of the permanent upgrade, as determined by the City and County, to ensure the improvements will be made before the end of the five - year period. 3 During construction, mitigation, in the form of erosion control measures during and immediately following grading operations, will be - 3 - 301 necessary to prevent exposed soils from erosion during periods of heavy rainfall. Soil on erodible surfaces will be strengthened by planting to reduce the potential of erosion. During the interim period before the ground cover takes hold, straw, wood chips, and plastic (visqueen) can be used as stabilizing agents. 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 presentation of grading plans, site plans, engineering data, etcetera. 2. Any development alternatives of the proposed site would create similar hydrological impacts. D. The remaining unavoidable significant effects, if any, are acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations which follows. 4 302 SITE CLEANUP /PUBLIC HEALTH AND SAFETY Impacts A. Structures Transportation of contaminated materials, such as soils contaminated with hydrocarbons (oil), could expose adjacent areas to risks associated with these substances. However, this risk will be mitigated by compliance by Texaco with strict Federal, State and County regulations regarding handling, transportation and disposal of hazardous materials. B. Soil Contaminated soil must be mitigated (cleaned up or removed) in a manner acceptable to the City of Cypress, and in conformance with applicable Federal, State and County regulations. C. Groundwater Any contaminated groundwater must be mitigated to prevent potential downgradient public health hazards, in a manner acceptable to the City of Cypress and in conformance with applicable Federal, State and County requirements. D. Ambient Air Hazards Removal of the remaining structures must be achieved in a manner to minimize exposure of adjacent areas to public health hazards. If not mitigated properly, adjacent area could be exposed to asbestos or fiberglass fibers if they are identified during the removal of tank bottoms and subsurface pipelines. However, as procedures are proposed to mitigate any potential for such exposure, this risk is expected to be reduced significantly. In the event of the presence of asbestos, in underground pipes or structures the applicant will also be subject to South Coast Air Quality Management District Regulation 10. The District is the enforcing agency that implements the Environmental Protection Agency's asbestos standards. E. Soil Gas Vapor Presence of potentially flammable gases, if not mitigated, may lead to public safety hazards offsite. However, compliance with applicable standards based on State review of the soil vapor survey is expected to minimize potential impacts. Soil gas vapor will be removed during soil cleanup procedures. 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: All activities involving hazardous materials shall be performed in a manner acceptable to the City, in conformance with all applicable Federal, State, County and City requirements, to minimize risk of exposure to hazardous materials. Site cleanup must comply with detailed site mitigation measures, which will be implemented following State and County approval of the proposed Site Remediation Plan (submitted by Texaco Refining and Marketing, Inc. to the Regional Water Quality Control Board and Orange County Health Care Agency). The remediation plan will be completed prior to issuance of building permits. Site cleanup is tentatively planned for completion by late 1988. The remediation plan, upon approval, is expected to provide refinements to the soil and underground mitigation measures discussed below. Additional mitigation measures below apply to structure removal, including asbestos removal and soil treatment. 303 1. Structures /General Provisions Prior to initiating structure removal, Texaco Refining and Marketing, Inc. must provide evidence, to the satisfaction of the City, that structure removal will be subject to the traffic control plan, as approved by the City. The intent of these measures is to minimize the time period and disruption of heavy duty trucks. Structure removal will also comply with the following mitigation measures taken from the Tank Demolition Plan Negative Declaration. a. Texaco shall accept responsibility for the removal of the tank floors and all belowground piping and associated structural materials as regulated under Section 203 of the 1982 California Uniform Building Code. b. If any hazardous substances not previously addressed in the mitigation measures contained herein are identified and /or released to the environment at any point during the site cleanup process, all operations shall cease immediately. At the earliest possible time, Texaco shall notify the City of Cypress City Manager and Planning Director of any such findings. Texaco shall also notify other appropriate agencies including the State of California Health Department. Upon notification of all appropriate agencies, a course of action will be determined subject to the approval of the City. c. All structures must either be cleaned and free from hydrocarbons prior to offsite transportation, or hauled offsite as a waste in accordance with applicable State Department of Health Services guideline. d. Texaco and /or its contractors shall strictly adhere to the following hours of operation: Monday through Saturday from 7 a.m. to 5 p.m. e. Texaco shall comply with the City of Cypress Community Noise Ordinance during the entire period of site cleanup. This ordinance will be enforced by the Orange County Health Department. f. Structure removal operations shall comply with all regulations and standards of the Southern California Air Quality Management District (SCAQMD). g. The access dirt roads inside the property will be watered as necessary to eliminate any dust blowing outside the property limits. h. All truck traffic, related to the site cleanup operations and transportation of scrap or waste materials offsite, shall utilize the following route: Exit west to Los Alamitos, south to Katella, and west to the 605 Freeway. i. Texaco shall post signs alerting the public to the site cleanup operations in progress. The size, wording and placement of these signs shall be reviewed and approved by the Planning Department. The existing eight -foot (8') high security fence and the six- to eight -foot (6' -8') high earth dike just inside the property shall remain in place during the site cleanup process to help shield the view of the demolition work from the public. J• 2 Soil To reduce potential future public health hazards, soil contamination must be remediated in a manner to the satisfaction of the City, pursuant to general provisions above, in conformance with all applicable Federal, State, County and City requirements, including the following: 304 a. Should the City Council so desire, the Site Remediation Plan shall be brought back to the Council for approval prior to implementation. b. A full assessment of the extent and severity of soil contamination should be made based on the findings and conclusions of the TriHydro Corporation investigations. Onsite soil contamination should be eliminated or reduced to levels deemed appropriate by the reviewing regulatory agencies. Detailed mitigation measures will be provided in the Site Remediation Plan. Contaminated soils are expected to be treated by excavation, followed by one of three options: (1) Onsite Enhanced Bio- Reclamation This method would involve excavation of contaminated soils; placement of soils within a large tank (possibly an existing employ storage tank); addition of bacteria, nutrients and water to allow biological breakdown of contaminants; evaluation of treated soil based on performance criteria established by State and County agencies; and placement of treated soil into excavated areas after soil is determined acceptably removed of contaminants. (2) Onsite Landfarminq This methodis similar to Enhanced Bio - Reclamation, except that the soil is treated in place. The soil is tilled and nutrients and water are added to allow biological breakdown of contaminants. (3) Offsite Treatment /Disposal This option would involve excavating contaminated soils, then hauling the soils to a permitted treatment or disposal facility. c. Should the City Council desire, all future onsite soils and water tests, including tests taken following tank floor removal, shall be taken in the presence of a City designated representative. d. Soils under tank floors are planned for treatment similar to the above methods for soil cleanup, although the volume of soil treated will be substantially less. Soil treatment under tank floors will occur following careful removal of tank floors, pursuant to mitigation measures above for structure removal, including air quality monitoring and adherence to all applicable safety regulations. e. Berm cap material (asphalt -like material covering berms) is planned to be transported offsite to a permitted treatment or disposal facility or for recycling. This will be conducted pursuant to the General Provisions above, to the satisfaction of the City. f. Texaco may be subject to South Coast Air Quality Management District Rule 1150, "Excavation of Landfill Sites," if it is determined at any point that any waste products (including hydrocarbons) were disposed of onsite. g. Site cleanup shall comply with a site mitigation plan approved by the appropriate State and local agencies. h. Site cleanup shall comply with any additional mitigation measures considered appropriate by the City of Cypress. 3. Groundwater To reduce potential future public health hazards, groundwater contamination must be remediated in a manner to the satisfaction of the City, pursuant to General Provisions above, in conformance with all applicable State, County and City requirements, including the following: - 7 - a. Groundwater extraction and treatment might be accomplished through proven and available methods. Detailed mitigation measures will be provided in the Site Remediation Plan. Contaminated groundwater is expected to be treated in the following manner. As contaminated groundwater occurs in areas requiring soil excavation, and considering the confining nature of the low permeability soils and shallow groundwater, groundwater is expected to form a pool where soil has been excavated. This will allow contaminated groundwater to be pumped out of the pool to the Texaco Los Angeles Plant for liquid reprocessing via an existing pipeline. As pumping continues, groundwater is expected to gradually refill the excavated area. Groundwater will continue to be pumped and treated until the remaining groundwater is determined acceptably free of contaminants by the Regional Water Quality Control Board. b. Additional studies may be required, as determined by Federal, State, County or City officials. 4. Ambient Air Hazards Removal of any asbestos or fiberglass material shall comply with applicable federal, state, county and city requirements to minimize potential for airborne fibers pursuant to the General Provisions above, to the satisfaction of the City. Specific mitigation measures will include the following: a. If asbestos is identified in belowground structures, Texaco Refining and Marketing, Inc., included as an attachment to Appendix H of this document. b. Texaco Refining and Marketing, Inc. will be subject to South Coast Air Quality Management District's Regulation 10, "National Emission Standards for Asbestos." The applicant must contact the District prior to asbestos removal. 5. Soil Gas Vapor Gas vapor will be removed pursuant to the General Provisions and as part of the soil cleanup process described above, and therefore will not require additional mitigation measures. 305 6. Future Project Actions This and all available information pertaining to site conditions should be made available to the Orange County Health Care Agency, California Department of Health Services and California Regional Water Quality Control Board (the 1986 and 1987 studies conducted by TriHydro Corporation are presently in agency review). Agency response should be accounted for in any additional investigative work or site cleanup standards and objectives will be established for the site by these agencies. 7. Site cleanup options are being thoroughly evaluated and recommended cleanup methods and schedules are being presented to the agencies involved. A Site Remediation Plan was submitted to the Regional Water Quality Control Board and Orange County Health Care Agency in late October. Soil and groundwater cleanup should begin as soon as agency approval of cleanup recommendations is granted and the Final EIR is certified. 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. 3O 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 an EIR; if and when particular developments implementing the EIR 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 discovery of any hazardous substances not previously addressed in the mitigation measures, at which time all operations shall cease. 2. Certification of the Final EIR will permit the cleanup of an existing tank farm site and will, upon completion, create a safer environment than what currently exists. D. The remaining unavoidable significant effects, if any, are acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations which follows. LAND USE AND RELEVANT PLANNING Impacts A. Land Use Short -term project impacts to surrounding land use consist of construction - related impacts including traffic disruption, equipment noise and dust generated from grading activities. The conversion of tank farm uses to residential uses onsite will result in additional traffic in the vicinity of the project. Increased traffic flow will be accompanied by locally increased levels of air pollutants and noise (for a detailed discussion of Circulation and Traffic, Noise and Air Quality, please see Sections IV.F, G and H, respectively). Portions of the proposed development, such as the park area and associated parking lots, may induce some light and glare impacts on nearby residents (see Section IV.E., AESTHETICS). Positive impacts to surrounding land use brought by the proposed development include conversion of presently incompatible industrial land uses to more compatible residential uses. B. Relevant Planning and Zoning Although some of the project alternatives may require a zone change and General Plan Amendment, the proposal is generally consistent with the policies and objectives of the General Plan. A Zone Change would be necessary from RS -6,000 to PRD (Planned Residential Development). A General Plan Amendment would be necessary to replace the current low density designation if the Medium Density Residential Specific Plan alternative is chosen. A detailed discussion of General Plan consistency will be provided in the Sorrento Specific Plan 86 -2. 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: 1. Land Use and Relevant Planning a. Land Use Cypress Homes, Inc. will, to the satisfaction of the City, be required to minimize potential impacts to adjacent residences during the site remediation stage, as described in the SITE CLEANUP /PUBLIC HEALTH AND SAFETY Mitigation Measures. The additional facilities and services needed to support the project will be reviewed by the appropriate agencies and provided concurrently as development progresses (See PUBLIC UTILITIES AND SERVICES). Noise and dust control measures will reduce short -term construction impacts to nearby areas. Long -term traffic, and associated noise and air quality impacts will be mitigated by measures outlined in CIRCULATION AND TRAFFIC, NOISE and CLIMATE AND AIR QUALITY, respectively. The existing industrial site conditions which have been identified as exhibiting blighted conditions are proposed to be alleviated through project implementation in the following ways: reconstruction, replacement and /or repair of public facilities and public service infrastructure; assistance in the removal of incompatible land uses; and encouragement of investment in the project area by the private sector (i.e., development by Cypress Homes, Inc.). 307 3 013 b. Relevant Planning and Zoning The applicant desires a residential development at a density of 6.15 units to the acre. While this use would be compatible with adjacent development and satisfy the intent of the type of land use, an amendment to the General Plan would be required to allow higher density development of Medium Density Residential (6 to 15 units per gross acre). The General Plan designation for the project site will need to reflect the Specific Plan designation. Plan will be submitted to provide architectural and design guidelines, development standards phasing plan and infrastructure plans to the satisfaction of the City. 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 presentation of the remediation plan, grading plans, site plans, engineering data, etcetera. 2. Certification of this Final EIR specifically considers residential density as a range of alternatives. The specific density and total number and type of units will be reviewed and approved by the City Council in a separate hearing for the Specific Plan, at a later date. 0. The remaining unavoidable significant effects, if any, are acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations which follows. 309 AESTHETICS Impacts Site cleanup activities will result in temporary aesthetic impacts. The long -term impacts to the existing aesthetic resources of the project area are considered to be minor since the site currently has little aesthetic quality. Short -term construction related aesthetic impacts to adjacent areas are expected to be minor. Long -term impacts to surrounding areas are expected to result from higher density residential areas onsite, but are not considered significant. The project is designed to improve aesthetic conditions onsite and to surrounding areas. Findinqs /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: Measures to mitigate short -term impacts due to project construction to be implemented by Cypress Homes, Inc. as required by the City will include: 1. Limiting the hours of operation in which trucks may travel to and from the site. 2. Temporary fencing to screen onsite construction operations, materials and equipment from neighboring residential uses. The proposed development will be subject to design guidelines and reviews to ensure compatibility and consistency with the visual image of the community. These guidelines include recommendations for berming, landscaping, setbacks, buffering, etc., and will be presented in the Specific Plan. During the required site plan review of all proposed developments, the City shall ensure that site improvements, including lighting and possible glare producing building exteriors, do not adversely affect adjacent land uses or highways. The use of reflective glass or other reflective materials shall be minimized without jeopardizing energy conservation. Lighting in parking areas shall not exceed one foot candle and shall be directed away from adjacent areas. 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 the Final EIR; if and when the Specific Plan is adopted, additional aesthetic requirements will be imposed regarding landscaping, building materials, etc. Additionally, subsequent conditions may be imposed upon presentation of grading plans, site plans, etcetera. 2. Site clearance and development will result in an improvement in aesthetic conditions onsite and in the project vicinity. D. The remaining unavoidable significant effects, if any, are acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations which follows. 310 Impacts CIRCULATION AND TRAFFIC Short-term circulation and traffic impacts will occur due to lane closures and construction equipment slowing traffic. Impacts are expected to temporarily result in traffic delays along all four perimeter arterials. Project access will require improvements to existing adjacent roadways including the addition of left-turn lanes to the site from Orange Avenue, Ball Road, Moody Street and Denni Street and upgrading of curbs and sidewalks on the half - widths of the streets adjacent to the site. The proposed project will require construction of a circulation system on the project site (see Exhibit 3, SITE PLAN). The roadways will conform to the City of Cypress road design standards. The proposed project is expected to generate a total of 8,095 Average Daily Trips (ADT), which correspond to approximately 55,560 vehicle miles of daily travel (assuming a 6.9 mile average trip length). The proposed project will increase traffic volumes on the portions of roadways adjacent to the project. Although the project will increase traffic levels, intersection capacities will not be adversely impacted. A. Findings /Mitigation Measures Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 1. Maintain a high level of service along arterials by restricting parking and controlling roadway access. 2. Left -turn pockets will require striping for traffic on Moody Street, Orange Avenue, Denni Street and Ball Road to accommodate traffic desiring to turn left into the site. 3. Traffic signals will require installation at the intersection of Ball Road and the project entrance and, when warranted, at the intersection of Moody Street and the project entrance. 4. The project applicant shall construct all streets internal to the project to full ultimate cross - sections as development occurs. 5. Along the project boundary Moody Street will be constructed to its ultimate half- section width in conjunction with development. 6. Landscape plantings and signs will be limited in height within the vicinity of project roadways to assure good visibility. 7. A STOP sign will be installed at onsite egress roadways to Orange Avenue, Denni Street and Moody Street, until signalized. 8. Construct the Moody Street - Ball Road connector as a collector roadway (44 feet curb -to -curb, 56 feet right -of -way). 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. 311 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, etcetera. 2. Any of the residential alternatives will not decrease service capacity on surrounding circulation system beyond an acceptable Level of Service. D. The remaining unavoidable significant effects, if any, are acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations which follows. 312 NOISE 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: Project construction activities will comply with applicable City Noise Ordinance restrictions, designed to protect quiet residential areas from stationary noise sources. Specifically, the project will be required to limit construction hours to between 7 a.m. to 5 p.m., Monday through Friday, and 9 a.m. to 5 p.m. on Saturdays. (Construction activities are not permitted on Sundays or holidays.) 2. All state and local standards for exterior and interior noise exposure will be met, through implementation of the following measures: a. Prior to building permit issuance, Cypress Homes, Inc. shall provide a detailed noise assessment. The noise assessment shall be to the satisfaction of the City to evaluate project and cumulative noise impacts without structural mitigation measures, identify the degree of noise protection from the existing wall, and if necessary provide additional noise reduction measures to comply with state and local noise standards. Additional measures may include upgrading the existing wall or providing window upgrades. b. Cypress Homes, Inc. shall provide a noise wall if determined to be required in the noise assessment to adequately protect proposed residential uses from traffic noise, such that City noise standards are not exceeded. c. The provision of a landscaped buffer area on the project half - width of adjacent roadways and the internal collector road will further reduce onsite and offsite noise impacts, in addition to offsetting potential land use and aesthetic impacts. 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, etcetera. D. The remaining unavoidable significant effects, if any, are acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations which follows. 313 CLIMATE AND AIR QUALITY Impacts Site restoration could possibly result in the release of fiberglass or asbestos fibers. Typical short -term impacts will result from project cleanup and construction activities due to construction equipment exhaust emissions and inert silicate dust generated during grading and site preparation. No anticipated significant impacts to climate are expected to result from the project. The project will result in construction of residential development alternatives with a maximum of 885 dwelling units and additional vehicle trips generated in the area. This will lead to an overall increase in the local and regional pollutant load due to direct impacts from vehicle emissions and indirect impacts from power and gas plants serving 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: 1. Construction of the proposed project will be required to be in compliance with SCAQMD Rule 402, to reduce potential nuisance impacts due to odors from site cleanup and construction activities. 2. Several measures to mitigate air quality impacts resulting from development are required, with support by the County of Orange. The South Coast Air Quality Management Plan (AQMP) has been utilized as a guideline for these measures. Since the air quality impacts associated with this project result from automobile traffic, the most significant mitigation measures will take the form of regional VMT (vehicle miles traveled) reduction programs. These programs require cooperating participation of local governments and regional planning which can be generated by the AQMP process. Support of Federal and State legislation aimed at lowering air pollution emission from new cars and trucks will also result in improved air quality. 3. General measures which shall be applied for the development include: a. Encourage the use of alternative transportation modes by promoting public transit usage and providing secure bicycle facilities. b. Provide mass transit accommodations such as bus turnout lanes and bus shelters. Currently, bus turnout lanes and accommodations for bus shelters are not indicated in the plans. As the plans are developed, these features should be considered. c. As a general mitigation measure to air pollution, vehicular emissions in the Basin would continue to be reduced through legislative exhaust emission controls and increased provisions for mass transit. (It should be noted that, in addition to mitigation measures listed above, there are others aimed at reducing mobile and stationary source emissions that are beyond the control of the County of Orange and lie within the realm of other government agencies.) 4. Energy conservation practices, as required by the Subdivision Map Act, shall be incorporated into the design of the project to have the secondary effect of limiting stationary source pollutants both on and offsite. The applicant should consider additional energy conservation measures, as indicated in Section IV.1, PUBLIC UTILITIES AND SERVICES. 5. Future phases of development will comply fully with the Rules and Regulations mandated by SCAQMD. - 16 - 314 6. At future planning stages, the developer will investigate implementing the appropriate "reasonably available control measures" which the County Board of Supervisors adopted to support on April 15, 1980, including: - Energy conserving streetlights; - Traffic light synchronization; - Ridesharing; and - Bicycle /pedestrian facilities to reduce vehicle miles traveled. The approximate response distance from Station 12 to the project site is 1 -1/2 miles with an approximate response time of 3 -4 minutes. Paramedic services, as well as fire protection, will be provided from Station 17, located at 4991 Cerritos Street in Cypress. The station employs 9 paid personnel and maintains 1 paramedic unit, 1 engine company, and 1 truck company. The approximate response distance to the project site is 1/2 mile with an approximate response time of 1 minute. The response time will be minimal, as no location will be farther than 2 miles from a station. Response time and distance will vary depending on the location and traffic conditions within the proposed development. 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, etcetera. D. The remaining unavoidable significant effects, if any, are acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations which follows. - 17 - • 315 PUBLIC UTILITIES AND SERVICES Impacts A. Fire Services Development of the project will contribute to the cumulative need for additional manpower and equipment due to the increased responses and the likelihood of simultaneous and greater alarm incidents. However, the project and the City of Cypress is under the County structural fire tax rate and it is expected that those funds will adequately compensate for increased demand. B. Police Services The Police Department anticipates, with the addition of a maximum of the 885 dwelling units of the proposed project, a resident population increase of approximately 2,500 and 2,800 persons. Given this scenario, it is anticipated that the Police Department may eventually require one additional Police Officer to adequately serve the proposed development. It is expected that the revenues generated through project demand will compensate for increased demands. C. Public Transit The proposed project could result in increased use of public transit usage in the project vicinity, particularly during peak hours. D. Library Service No potentially significant impacts of the proposed project on library services are expected. Additional library users will be generated with the introduction of up to 885 additional units; however, the library will be able to absorb the increase in population without requiring any expansion. E. Schools Both of the school districts which will serve the proposed project, Anaheim Union High School District and Cypress School District, anticipate "over capacity" conditions at the schools which will serve the project. This is a result of an existing overcrowding problem, in addition to the students predicted to be generated by the project. F. Solid Waste Approximately 60 to 80 tons of solid waste per week are estimated to be generated from this project upon its completion. The project's solid waste generation will incrementally decrease the Orange County landfill capacity. Payment of fees for waste collection services will partially offset this impact by providing funds to the County which will be used to maintain landfill operations. G. Telephone The project will require the extension and placement of new facilities to meet project demand for communication systems. This extension will be provided in conformance with rules and regulations of the California Public Utilities Commission. No significant impacts are expected. H Electricity Extension of electricity service to the proposed project site is not expected to have significant impacts upon electricity demands in the region. 316 I. Natural Gas No significant impacts are anticipated with regard to extension of existing gas mains to the project site. However, the cumulative effect of the project will result in greater natural gas consumption. J. Sewer Service The NPDES permit, under which County Sanitation District No. 3 operates, has a set discharge limit for biochemical oxygen demand (BOD) and suspended solids (SS). At the present time, the BOD in the District's discharge is close to the limit. K. Water Service Implementation of the proposed project will increase service demands on water facilities. The average daily consumption in the West Orange County system is 675 gallons per customer (or unit). The Southern California Water Company has stated that there is adequate water supply to serve 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: 1. Fire Protection Built -in fire protection, such as smoke detectors in all structures, will help to notify residents of fire danger, thereby reducing potential damage and demand on fire protection services. Cypress Homes, Inc. will observe the Insurance Service Office (I.S.O.) guidelines to determine fire flow requirements and fire hydrant distribution. 2. Police Protection The Police Department will review and comment upon the Sorrento Specific Plan vehicular and pedestrian traffic flow patterns and parking facilities for potential congestion and accident potential. Private security and quality lighting will be utilized during the developmental stages of the property to reduce potential impacts of crime and /or theft during construction. The following mitigation measures were originally included in the previous Civic Center Redevelopment Project Amendment No. 1 Draft EIR although that EIR was not certified, the mitigation measures deemed appropriate have been tailored to the Sorrento Specific Plan Project: a. During construction activities, the Police Department shall be kept apprised of the location onsite and nature of construction activities so that they may avoid any areas of street disruption (i.e., construction traffic) during response to emergencies, and also increase their patrol efforts at the construction site. b. Police input shall be solicited regarding measures for ensuring the safety and security of construction sites. c. Adequate security design measures shall be required for all new development, with consideration of Police Department recommendations. d. The City may form a Mello -Roos community facilities district, which may be used to finance an expansion of services, including facility and /or salary need, if determined to be a necessary step in project development. 317 3. Public Transportation In order to maximize transit accessibility for residents and visitors to the proposed project, OCTD encourages the project proponent to incorporate the following transit features in the project: Bus stops should be provided consistent with the OCTD, recommended Design Guidelines for Bus Facilities. Most particularly, a paved passenger waiting pad will be provided at each stop. Shelters will be provided where warranted. Paved, lighted, and handicapped accessible pedestrian walkways will be provided between the residential units and the proposed bus stops. 4. Schools Anaheim Union High School District will collect fees of 75 cents per square foot for each square foot of new residential development (subject to the limitations of State Law, AB 2926). Pedestrian access has been requested by the School District to Denni Street or near Denni Street on Orange Avenue and Ball Road, for project students potentially attending Landell School, should Landell School be reopened. Representatives of the developers, the City staff, and representatives of the Cypress School District will meet to explore specific needs, school facilities fees and Mello -Roos district possibilities. 5. Solid Waste and Disposal The following mitigation measures have been derived from the previous Civic Center Redevelopment Amendment No. 1 Draft EIR: a. The project design will consider means of reducing the amount of solid waste generated both during construction and when the project is in use. Low maintenance landscaping, efficient use of materials and use of recycled materials will assist in reducing the amount of waste generated. In addition, as a result of A.B. 2020 (Bottle Bill) the public may recycle and the amount of solid waste will thereby be reduced. b. It is recommended that the final project design consider provisions for separation of recyclable materials such as newspaper, cardboard, glass and other specialized wastes. This could be accomplished by provision of bins for collection of these materials either individually (to residents) or in specific areas of the development. 6. Telephone The developer will coordinate efforts with Pacific Bell to assure adequate service to the project area during the project construction activity. 7. Electricity Although no significant impacts are anticipated with regard to meeting the electricity requirements of the proposed project, project planners and architects will consider the use of energy- efficient architecture and landscape design concepts which will work to reduce the long -term demands for electricity and related fossil fuel consumption. Such measures may include the following: As required by the Subdivision Map Act, architectural planning and design, to the extent feasible, will take full advantage of such concepts as natural heating and /or cooling through sun and wind exposure and solar energy collection system opportunities. Energy efficient interior and exterior lighting systems should also be designed and employed to the maximum extent possible. 313 Landscape design will be tailored, where feasible, to use requirements of individual structures, with the intent to minimize heat gain in summer and maximize heat gain in winter, and promote air circulation for heating /cooling purposes. Hot water systems, to the extent feasible, will be designed to utilize alternative energy sources (e.g., solar energy collections). Should such systems be deemed infeasible at the time of initial construction, building design should incorporate provisions to allow them to be easily accommodated /installed at a later date by project residents. The following mitigation measures have been derived from the previous Civic Center Redevelopment Project Amendment No. 1 Draft EIR. a. Utility companies will utilize the same trenches as much as possible when relocating and /or upgrading their respective facilities to minimize the use of diesel fuel during this.phase of project implementation. b. If active solar heating systems are incorporated into the design of proposed buildings, site planning must ensure that incoming solar radiation is unobstructed. c. All buildings constructed in the project area shall comply with the Energy Conservation Standards set forth in Title 24 of the California Administrative Code. The following mitigation measures are also recommended: a. Orientation of the largest surface areas and the major of buildings toward the south, whenever possible, will solar exposure and natural heat gain during winter and heat gain during summer. openings maximize minimize b. Walls, ceilings, and hot water will be insulated to prevent heat loss /gain. c. Energy efficient lighting (e.g., high pressure sodium outdoors and fluorescent indoors) should be used rather than less efficient types of lighting. d. Nonessential, ornamental lighting should be avoided as much as possible. e. Native and /or exotic plants that are adapted to the climate in the Cypress area should be used in the landscaping of the new development to minimize water and, in turn, energy consumption. f. The Southern California Edison and Southern California Gas Companies have energy management programs that provide assistance to developers in selecting the most effective applications of energy conservation techniques which can be incorporated into project designs during the preliminary planning stages of proposed developments. These energy saving measures are readily available, easier to install during construction, and will not necessarily raise long -term costs. It is recommended that Cypress Homes, Inc. consult these agencies for such information. 8. Natural Gas No significant impacts are anticipated with regard to natural gas; however, project planners and architects should consider the most energy efficient appliances or systems for the project. 319 9. Sewer To the satisfaction of the City, Cypress Homes, Inc. will incorporate all possible flow measures into the project, as recommended by the County Sanitation District's staff. The Sanitation District is empowered by the California Health and Safety Code to charge a fee for the privilege of connecting to the District's sewerage system. Payment of a connection fee by the developer will be required before a permit to connect to the sewer is issued. 10. Water The following State laws require water - efficient plumbing fixtures in structures: a. Low -flush toilets and urinals are required in virtually all buildings (as required in Health and Safety Code Section 17921.3). b. Efficiency standards must be met that give the maximum flow rate of all new showerheads, lavatory faucets, and sink faucets, as specified in the standard approved by the American National Standards Institute on November 16, 1979 (pursuant to Title 20, California Administrative Code Section 1604[f] [Appliance Efficiency Standards]). c. No new appliance may be sold or offered for sale in California that is not certified by its manufacturer to be in compliance with the provisions of the regulations establishing applicable efficiency standards (Title 20, California Administrative Code Section 1606[b] [Appliance Efficiency Standards]). d. Installation of fixture is prohibited unless the manufacturer has certified to the CEC compliance with the flow rate standards (Title 24 of the California Administrative Code Section 2- 5307[b]). e. Pipe insulation is required to reduce water used before hot water reaches equipment or fixtures. Insulation of water heating systems is also required (Title 24, California Administrative Code Section 2- 5352[i] and [j]). f. Installation of residential water softening or conditioning appliances is prohibited unless certain conditions are satisfied. Included is the requirement that, in most instances, the installation of the appliance must be accompanied by water conservation devices on fixtures using softened or conditioned water (Health and Safety Code Section 4047). g. Lavatories in all public facilities (such as the park site), constructed after January 1, 1985, must be equipped with self - closing faucets that limit flow of hot water (Government Code Section 7800). Measures to be implemented where applicable include the following: a. Interior (1) Supply line pressure: Water pressure greater than 50 pounds per square inch (psi) will be reduced to 50 psi or less by means of a pressure- reducing valve. (2) Drinking fountains: Drinking fountains in the park area must be equipped with self - closing valves. (3) Laundry facilities: Water- conserving models of washers should be used, if provided by the developer. 3�Q b. Exterior (1) Landscape with low water-using plants wherever feasible. (2) Minimize use of lawn by limiting it to lawn- dependent uses, such as playing fields. When lawn is used, require warm season grasses. (3) Group plants of similar water use to reduce overirrigation of low- water -using plants. (4) Provide information to occupants regarding benefits of low - water -using landscaping and sources of additional assistance. (5) Use mulch extensively in all landscaped areas. Mulch applied on top of soil will improve the water - holding capacity of the soil by reducing evaporation and soil compaction. (6) Preserve and protect existing trees and shrubs. Established plants are often adapted to low- water -using conditions and their use saves water needed to establish replacement vegetation. (7) Install efficient irrigation systems that minimize runoff and evaporation and maximize the water that will reach the plant roots. Drip irrigation, soil moisture sensors, and automatic irrigation systems are a few methods of increasing irrigation efficiency. (8) Use pervious paving materials whenever feasible to reduce surface water runoff and to aid in groundwater recharge. (9) Grade slopes so that runoff of surface water is minimized. (10) Investigate the feasibility of using reclaimed wastewater, stored rainwater, or grey water for irrigation. 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 presentation of additional soils tests required by the remediation plan or the regulatory agencies, grading plans, site plans, engineering data, etcetera. 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 property. D. The remaining unavoidable significant effects, if any, are acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations which follows. 321 SOCIOECONOMICS Impacts The proposed maximum project alternative would result in the construction of approximately 651 new single - family detached homes and approximately 234 new townhomes resulting in an approximate 885 -unit addition to the current housing stock. This would raise the level of housing stock to approximately 14,626 units, according to January 1, 1987 estimates of existing units. This increase represents approximately 89% of the total number of units determined by the General Plan to be necessary between 1987 and 1988. The additional units are estimated to generate an immigration of approximately 2,726 new residents, increasing the population of Cypress to approximately 45,208 according to January 1, 1987 estimates. This exceeds the SCAG forecast of 42,994 residents for the year 2010. Implementation of the proposed maximum project alternative is in accordance with the General Plan objectives of achieving a balanced housing stock and encouraging development of housing in areas compatible with existing surrounding land use. Implementation of the proposed project will result in an alteration of the local population distribution to the extent that nonconforming industrial uses are redeveloped in favor of new residential uses in the project 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: 1. If the Redevelopment Plan is approved, Section 3334.2 of the California Health and Safety Code generally requires that at least 20 percent of all taxes which are allocated to the Redevelopment Agency shall be used by the Agency for purposes of increasing and improving the City's supply of housing for persons and families of low and moderate income. Any affordable housing required as part of any proposed redevelopment does not necessarily need to be provided onsite. 2. Other mitigation measures required as a result of the increases in population related to the provision of public services, impacts on the transportation system, recreation, etc., can be found in the various related sections in this document. 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: 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, etcetera. 2. Any affordable housing required as part of any proposed redevelopment area does not necessarily need to be provided onsite. D. The remaining unavoidable significant effects, if any, are acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations which follows. 322 ATTACHMENT "B" STATEMENT OF OVERRIDING CONSIDERATIONS January 11, 1988 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 haveinvalidated 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 a Specific Plan for a residential planned community which provides for residential development alternatives. Because the action constitutes a project under CEQA and CEQA guidelines, an 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, as described in the resolution certifying the EIR. The City Council, however, desires to approve this project because the benefits of the project alternatives outweigh any remaining impacts. After determining that the EIR is complete and has been prepared in accordance with the CEQA and the Guidelines, and making the Statements of Facts above, the City Council has also weighed the significant effects of the project against the overriding consideration noted as follows: 1. Implementation of the project alternatives will provide a land use type (residential) consistent with existing and proposed zoning. 2. Implementation of the project alternatives will provide a land use type (residential) consistent with surrounding land uses. 3. Implementation of this project will promote the objectives of the City's General Plan by providing a residential land use in a residentially zoned area. 4. The project will provide 0 -885 new homes for the City of Cypress. 5. The project will provide park and recreational facilities for the City of Cypress. 6. Implementation of the project will result in circulation and public improvements to the site. 7. That without a certified EIR, the removal of the tank floors and underground pipes cannot take place. 8. That without a certified EIR, continued cleanup of the project site, including contaminated soil and water, cannot take place.