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Resolution No. 30092 RESOLUTION NO. 3009 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 CYPRESS VIEW LIMITED AND MAKING CERTAIN FINDINGS. WHEREAS, the City Council /Planning Agency of the City of Cypress conducted a public hearing on November 25, 1985 and reviewed the Draft Environmental Impact Report and responses to the Draft Environmental Impact Report for the Cypress View Limited Specific Plan No. 85 -1; and WHEREAS, the City Council of the City of Cypress has reviewed the Draft Environmental Impact Report prepared for the Cypress View Limited Specific Plan No. 85 -1, and a motion was made to approve the Draft Environmental Impact Report subject to the conditons of approval in Exhibit "C" 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 Environ- mental Impact Report and incorporated therein, the Draft Environmental Impact Report is hereby approved and adopted as the Final Environmental Impact Report for Specific Plan No. 85 -1, Cypress View Limited. SECTION 2: The City Council /Planning Agency hereby certifies that the Final Environmental Impact Report for Specific Plan No. 85 -1 has been completed in com- pliance 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 imple- mentation of Specific Plan No. 85 -1, Cypress View Limited, have been considered and recognized by the City Council /Planning Agency. b. 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. c. That based on information set forth in the Draft Environmental Impact Report and responses thereto, the City Council /Planning Agency finds and determines that measures to mitigate certain impacts on drainage and hydrology, noise, land use, natural resources, transportation/ circulation, air quality, public and utilities services, fiscal impacts, aesthetics, earth disruption and energy conservation exist and are included in the Final Environmental Impact Report (outlined in Attachment A). d. That based upon mitigation measures referred to in Attachment A, all environmental impacts of this project are mitigated to a level of insignificance, except for traffic and air resources. e. That certain adverse impacts associated with long -term air quality, traffic and acoustic environment conditions cannot be entirely mitigated due to the involvement of areas outside the City juris- diction. SECTION 4: That the City Council /Planning Agency hereby finds and deter- mines that all feasible measures have been 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 sub- stantially lessened, the City Council /Planning Agency hereby adopts the follow- ing statement of overriding considerations as outlined in Attachment B. The City Council /Planning Agency finds that, based upon the Final Environmental Impact Report and /or information contained in the record, its action to approve and carry out the project (Specific Plan No. 85 -1) is supported for the following reasons: a. The project, upon completion, will produce a net annual recurring fiscal impact to the City ranging from approximately $272,000 to $328,000. b. Implementation of the project will result in substantial traffic and public improvements to the subject site. c. The project, at ultimate development, will provide an estimated 4,000 jobs. d. Implementation of this project will promote the objectives of the City's General Plan by providing consistency of land use within the Cypress Business Park. Therefore, the beneficial economic and social effects of the project override the potential adverse impacts of the project. PASSED AND ADOPTED by the City Council /Planning Agenc of the City of Cypress at a regular meeting held on the 25th day of November 1985. ATTEST: CITY aERK OF THE CITY CYPRESS STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) F CYPRESS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council /Planning Agency held on the 25th day of November 1985, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ,7 CITY CLERK 0 HE CI F CYPRESS 41 EXHIBIT "C" CdND flIONS OF APPROVAL FOR THE FINAL ENVIRONMENTAL IMPACT REPORT CYPRESS VIEW LIMITED 1. Cypress View Limited (the Developer) shall cause to be constructed all streets, sewers, storm drains (including full enclosure of the Bolsa Chica Channel), water lines, undergrounding of power lines and removel of poles, and any other public improvements and infrastructure required on the land owned by Cypress View Limited and in public right -of -way adjacent thereto. 2. In addition to the requirements stated in Condition No. 1, the Developer shall pay to the City for traffic impact mitigation improvements as follows: a. The Developer shall pay to the City $200,000 (the initial payment) upon the issuance of the first certificate of occupancy for the first building constructed on the Subject Property. The $200,000 shall be in constant 1985 dollars. b. Beginning with the first building, upon the issuance of each building permit up to 500,000 square feet of floor space on the Subject Property, the Developer shall pay an amount determined by the City in accordance with the following formula: (1) The numerator shall be the estimated dollar amount (in constant 1985 dollars inflated per Engineering News - Record [ENR] Con- struction Cost Index [C.C.I.] for the Los Angeles area) as deter- mined by the City, required to construct all major traffic improve- ments which the City determines may be required within the Cypress Business Park (and any portion thereof), including the Los Alamitos Race Track, as traffic mitigation measures contemplated by the E.I.R. Such improvements shall include, but not be limited to, arterial street widenings, traffic signal system modifications, grade separation structures or other major intersection improve- ments. (2) The denominator shall be the gross floor area of the entire Cypress Business Park (excluding commercial /retail uses), including the Los Alamitos Race Track, as determined by the City at each time in accordance with the following formula: (3) The square footage of each proposed building shall be multiplied by the factor resulting from the division of the numerator as set forth in 2.b.(1) by the denominator as set forth in 2.b.(2). (4) Payment shall be as follows: The Developer shall provide to the City a bond concurrent with the issuance of each building permit which shall be in the amount determined by the City pursuant to paragraph 2.b.(1), (2) and (3) above for the gross floor area of each such building. At such time as a certificate of occupancy is issued with respect to each such building, the Developer shall remove the bond and pay to the City in cash the corresponding amount determined by the City pursuant to paragraph 2.b.(1), (2) and (3) above. - 2 - 5 c Following development of the first 500,000 square feet of industrial/ office space on the Subject Property, the Developer will be entitled to obtain building permits and receive certificates of occupancy without the payment of additional traffic impact mitigation improve- ment fees until the $200,000 initial payment has been consumed. d. After development of the first 500,000 square feet of industrial /office space and consumption of the $200,000 initial payment, the Developer shall provide to the City a bond concurrent with the issuance of each subsequent building permit which shall be in the amount determined by the City pursuant to paragraph 2.b. above for the gross floor area of each such building. At such time as a certificate of occupancy is issued with respect to each such subsequent building, the Developer shall remove the bond and pay to the City in cash the corresponding amount determined by the City pursuant to paragraph 2.b. above. 3. The Developer waives for himself, his successors and assigns, the right to protest the formation of an assessment district, major thoroughfare benefit district or other financing district deemed necessary or appropri- ate by the City to facilitate the imposition and collection of traffic impact mitigation improvement fees or otherwise finance the construction of the traffic impact mitigation improvements. Such improvements shall include, but not be limited to, arterial street widenings, traffic signal system modifications, grade separation structures or other major inter- section improvements. 4. In the event that the formation of an assessment district, major thorough- fare benefit district or other financing district as contemplated in paragraph 3 above does occur, the assessment shall, at the City's discretion, be pro -rata within assessment /benefit area (area of benefit method of spreading the assessment to be determined by the City at its uisc otion), based upon gross floor area of the entire Business Park (completed or potential), less commercial /retail areas. The area of benefit and method of spreading the assessment will be determined by the City at its discretion and in accordance with applicable laws and regu- lations. S. The Developer shall participate in Transportation Systems Management (TSM) programs on an equivalent basis with all other City designated participants within the Business Park. 6. The Developer shall reserve that portion of the Subject Property presently identified in the City's Zoning Ordinance as commercial through December 31, 1991. If the Developer develops other space within the Subject Property as commercial /retail, then the area reserved will be reduced by the equiva- lent amount of the alternative area so developed. The City shall prepare or have prepared a market study in 1988 and again in 1990 (the specific time during the subject years to be selected by the City) at the Developer's expense to determine the present and future commercial /retail potential of the Subject Property, if the Subject Property is not yet developed as commercial /retail. If the 16 -acre parcel at the southeast corner of Katella and Valley View is developed as commercial /retail, then this con- dition shall be released. The Developer shall use all reasonable diligence to develop the reserved land for commercial /retail uses. 6 - 3 - The Developer shall enter into a Development Agreement with the City of Cypress, within ninety (90) days of the approval of the subject Specific Plan No. 85 -1 and Final Environmental Impact Report, agreeing to reserve the designated 3 -acre parcel until December 31, 1991 and agreeing to all other terms as stated in paragraph 6.a. above. 7. The City shall periodically assess the need for a traffic signal on Cerritos Avenue adjacent to the Subject Property. At such time as the City Traffic Engineer, acting in a reasonable manner utilizing generally applicable traffic engineering principles, concludes that a signal is needed, and that the signal would not have a material adverse effect on traffic circu- lation conditions in the area, the City will notify the Developer, and within sixty (60) days of receipt of such notice, the Developer shall pay in cash to the City all funds determined in good faith by the City Traffic Engineer to be necessary to design and construct said traffic signal in accordance with the City's standards; construction shall be completed at the Developer's sole expense. 8. The agreement and covenant by Cypress View Limited, as set forth herein, shall be reflected by recorded covenant, enforceable by and in form and substance acceptable to, the City (to be recorded prior to issuance of first building permit). 9. The following statement, listed as a Traffic Mitigation Measure on page 5 -43, shall be eliminated from the subject EIR: Developer's Contribution to Circulation System Improvements Subject to the conditions of project approval imposed by the City, the Developer will post bonds in favor of the City at the time it seeks build- ing permits for the project site, sufficient to pay to the Developer's fair share of the circulation system improvements necessary to accommodate buildout of the Cypress Business Park. 10. The fourth sentence of paragraph 3 under Section 4.5, Related Projects, (page 4 -5) which reads: "However, a Target Store and a small shopping center have been approved on the Cabot, Cabot and Forbes property " shall be changed to read: "However, a Target Store and two shopping centers have been, or are currently being, constructed at the northwest and southwest corners of Katella Avenue and Knott Avenue and the City anticipates additional supporting commercial development in the remaining undeveloped areas of the Business Park." 11. Table 1C - Summary of Potential Development in the Business Park, including the Los Alamitos Race Track shall be added on page 4 -7 of the subject EIR, as follows: - 4 - TABLE 1C Summary of Potential Development in the Business Park Including the Los Alamitos Race Track Square Footage Properties Approved/ Future Total Site Related Projects Developed Potential Potential McDonnell Douglas Land Co. 616,723 937,651 1,554,374 Warland Land Co. 548,833 2,374,789 2,923,622 Cypress Land Co. 698,168 1,567,761 2,265,929 Cabot, Cabot E Forbes 665,656 457,867 1,123,523 Koll Center 284,167 0 284,167 Subtotal 2,813,547 5,338,068 8,151,615 Proposed Project 0 2,000,000 2,000,000 Total 2,813,547 7,338,068 10,151,615 Los Alamitos Race Track (Potential) 0 3,987,000 3,987,000 Grand Total 2,813,547 11,325,068 14,138,615 12. At each instance in the Draft EIR where it is indicated that a mitigation measure "will" or "should" be performed in whole, or in part, by Cypress View Limited, the words "will" or "should" shall be superseded by the word "shall." 13. The following statement, listed as a Traffic and Circulation Mitigation measure in the second paragraph on page 2 -6 of the subject EIR, shall be eliminated: The Developer will post bonds in favor of the City at the time it seeks building permits for the site, sufficient to pay for the Developer's fair share of circulation system improvements required due to cumulative development of the Business Park. - 5 - 14. The first paragraph under Section 8.0, CUMULATIVE IMPACTS, on page 8 -1, which currently reads: "As indicated in Section 4.5, Related Projects, the buildout of the remaining Business Park area has a potential for 5,338,068 square feet of new development, in addition to the proposed 2,000,000 - square foot project. Since this potential development is approximately 2.7 times the building square footage of the proposed project, this factor has been used to quantitatively estimate the cumulative impacts of the related projects in the Business Park. In addition, the Racetrack property would add an estimated 3,987,000 square feet of development in the project area, for a cumulative total of 11,325,068 square feet of building area. A factor of two times project impacts has been applied to estimate racetrack impacts quantitatively. Total cumulative impacts, including the proposed project, are therefore 5.7 times as great as the project impacts alone. "; shall be amended to read as follows: "As indicated in Section 4.5, Related Projects, the ultimate buildout of the Business Park area has a potential for 8,151,615 square feet of development, in addition to the proposed 2,000,000 - square foot project. Since this potential development buildout is approximately four times the building square footage of the proposed project, this factor has been used to quantitatively estimate the cumulative impacts of the related projects in the Business Park. In addition, the Racetrack property would add an esti- mated 3,987,000 square feet of development in the project area, for a cumulative total of 14,138,615 square feet of building area. A factor of two times project impacts has been applied to estimate Racetrack impacts quantitatively. Total cumulative impacts, including the proposed project, are therefore seven times as great as the project impacts alone." Accordingly, all areas of the E.I.R. (with special attention to traffic and air quality) which are affected by the above corrections shall be updated and changed to reflect the accurate data as shown in the paragraph above. 9 ATTACHMENT A STATEMENT OF FACTS SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROPOSED PROJECT, FINDINGS WITH RESPECT TO SAID EFFECTS, AND STATEMENT OF FACTS IN SUPPORT THEREOF, ALL WITH RESPECT TO THE PROPOSED SPECIFIC PLAN FOR THE CYPRESS VIEW LIMITED PROJECT IN THE CITY OF CYPRESS. BACKGROUND State EIR Guidelines (Guidelines) promulgated pursuant to the California Environ- mental 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 follow- ing written findings accompanied by a statement of the facts supporting each finding." (Section 15091) The City of Cypress proposes to amend the Land Use Element of the General Plan, adopt the proposed Specific Plan and change the zoning designation of the study area. Because the proposed actions constitute a project under CEQA and the 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 desires to approve this project, and has determined that the EIR is complete and has been prepared in accordance with CEQA and the Guidelines. Therefore, findings are set forth herein pursuant to Section 15091 of the CEQA Guidelines. 10 TOPOGRAPHY, DRAINAGE AND HYDROLOGY Impact Development of the site will result in an increased amount of storm water runoff. Findings /Mitigation Measures (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environ- mental effect, in that: 1. The development of the project shall require improvement of the Bolsa Chica Channel into a 13 -foot by 8 -foot reinforced concrete box drain and connection of the western portion of the site to stub -outs in the drain in Progress Way. Between these two facilities, site drainage shall be adequately accommodated without negative impact. 2. Future grading plans for the site shall include measures to miti- gate erosion due to wind or water. Normal soil wetting procedures shall reduce erosion of soils by the wind. Construction /grading can be planned to avoid the winter rainy season when erosion due to storm water runoff is more likely to occur. Setback areas shall be landscaped as soon as possible during project construction. 3. Both during and after construction, accommodations for surface drainage from the site and the quality of the runoff shall conform with City and County Flood Control District requirements. Contami- nated drainage must not be discharged to the storm drain system. The City could investigate the possibility of using reclaimed wastewater to irrigate landscaped areas in the Business Park. (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. The level of analysis now presented is appropriate for a Specific Plan; if and when particular projects implementing the Specific Plan are proposed, additional environmental review will be undertaken, and additional conditions may be imposed to alleviate any adverse impacts. In particular, additional conditions may be imposed upon presentment of grading plans, site plans, engineering data, etc. 2. Alternatives to the proposed project would create similar hydro- logic impacts. No development would reduce or eliminate the intro- duction of urban pollutants but would result in long -term erosion and sedimentation impacts. (d) The remaining, unavoidable significant effect, if any, is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations which follows. 11 EARTH DISRUPTION Impact Natural soil and geologic conditions are not well- suited to development. Findings /Mitigation Measures (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environ- mental effect, in that: 1. The upper natural soils are generally of low density and dry. They are not considered suitable for support of foundations in their present condition. Their engineering properties shall be improved by excavating and recompacting in controlled compacted fills. 2. The placement of controlled compacted fill to support foundations shall provide adequate support for shallow spread footings. The depth of the fill shall be on the order of one and one -half to two times the required width of the footing. 3. Pavements and slabs -on -grade generally shall be founded on controlled compacted fill. The depth of the fill and the design of the pavement section shall be dependent on the type and quality of soil used to construct the fill. 4. In order to determine safe seismic design information, a complete fault risk and seismicity analysis shall be prepared. At a minimum, all new construction in the project area shall conform with the Uniform Building Code provisions for Seismic Risk in the area. 5. In addition, further site specific geotechnical investigations shall be conducted prior to detailed design of the proposed structures to determine specific foundation /engineering parameters for the proposed project. (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. The level of analysis now presented is appropriate for a Specific Plan; if and when particular projects implementing the Specific Plan are proposed, additional environmental review will be undertaken, and additional conditions may be imposed to alleviate any adverse impacts. In particular, additional conditions may be imposed upon presentment of grading plans, site plans, engineering data, etc. 2. Project alternatives of different urban uses would result in similar landform impacts. (d) The remaining, unavoidable significant effect, if any, is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations which follows. 12 NATURAL RESOURCES Impact Development of the study area will result in the loss of prime agricultural land. Findings /Mitigation Measures (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environ- mental effect, in that: 1. The design and implementation of the proposed light industrial /office complex shall incorporate energy conservation features in the con- struction and operation of the project (see Section 5.11). A recy- cling program should be established in the Cypress Business Park. Such a program would provide for the voluntary separation of various recyclable materials (i.e., paper, cardboard, metals, etc.) which might be generated as a result of the various light industrial or office uses. Appropriate containers and equipment could be incor- porated in the project area to facilitate the recycling program. 2. Extensive landscaping shall be provided to offset the removal of existing vegetation. (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 imposed to alleviate any adverse impacts. In particular, additional conditions may be imposed upon presentment of grading plans, site plans, engineering data, etc. 2. Since there are no permanently designated areas of use identified within the City (i.e., based on the Zoning), the site is subject to future development cultural uses. The proposed project is consistent goals for the site. (d) The remaining, unavoidable significant effect, if any, when balanced against facts set forth above and in the Overriding Considerations which follows. 4 agricultural land General Plan and with nonagri- with local planning is acceptable Statement of 13 LAND USE, ZONING AND GENERAL PLAN Impact The project will result in the conversion of vacant land /agricultural uses to light industrial, office and commercial retail uses, and thus, will increase the intensity of uses within the study area. Findings /Mitigation Measures (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environ- mental effect, in that: 1. Buildings along the Cerritos Avenue frontage of the site shall be set back a minimum of 40 feet. 2. The Cerritos Avenue frontage shall be provided with a minimum 20 -foot wide landscaped buffer (i.e., trees, landscaped berm, etc.) to provide an attractive interface and an effective visual screen between the proposed project and the adjacent residential neighborhood on the north side of the street. 3. The intensity /magnitude of development shall be minimized on the northerly portion of the site due to the proximity to the adjacent residential area. 4. Building heights for the project shall be established in accordance with FAA standards. The Specific Plan, General Plan Amendment and Zone Change must be reviewed by the Airport Land Use Commission for Orange County prior to a decision by the Cypress City Council. 6. The Specific Plan shall include a detailed discussion of the purposes, uses permitted, uses subject to conditional use permit, accessory uses, other uses, prohibited industrial uses, development standards, general requirements and performance standards for the proposed project. These specifications shall reflect the mitigation measures suggested throughout this report. (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. The level of analysis now presented is appropriate for a Specific Plan; if and when particular projects implementing the Specific Plan are proposed, additional environmental review will be undertaken, and additional conditions may be imposed to alleviate any adverse impacts. In particular, additional conditions may be imposed upon presentment of grading plans, site plans, engineering data, etc. 2. Project alternatives, other than the no development alternative, would still result in the conversion of vacant land /agricultural uses to urban uses, with an accompanying increase in land use intensity. (d) The remaining, unavoidable significant effect, if any, is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations which follows. 14 AESTHETICS Impact The proposed project will change the character of the site from vacant land /agricultural uses to Business Park (light industrial, office and commercial) uses. Findings /Mitigation Measures (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environ- mental effect, in that: 1. The visual impacts of the proposed industrial park on the surround- ing areas, particularly the residential neighborhood to the north along Cerritos Avenue, can be mitigated if effective visual screening/ buffering is incorporated in the project design. A minimum 40 -foot yard setback, including a 20 -foot wide landscaped berm near the street shall be provided along the northern portion of the site across from the residential neighborhood. Further visual buffering can be pro- vided in this area of the site by locating landscaped parking lots along the north site boundary and increasing the setbacks for the project buildings. Such setbacks shall follow the guidelines described in Table 5 for various building heights. TABLE 5 Shade /Shadow Setback Requirements* Building Height Building Setback (feet) (feet) 85 275 75 225 65 175 55 125 45 75 * Based on 3 p.m. shadows. 2. Visual buffering along Valley View Street will include covering the Bolsa Chica Channel with a 38 -foot wide landscaped area similar to the McDonnell Center project immediately south of the site. The off- street bike trail will be incorporated within this landscaped area. 3. The landscaped buffer shall be in place as early as possible during project construction. Screening walls will be used during site grading and construction. 4. The architectural design and exterior treatment of the project build- ings shall share a common theme that would provide visual continuity between the various structures. This unifying design theme shall employ design features and materials that are visually compatible with the immediate surroundings. The use of earthtone colors and textures will help to subdue the visual intensity /magnitude of the industrial park development as viewed from the adjacent residential neighborhood. 5. If reflective glass is to be used, it shall be incorporated in the project design in a manner that will not produce significant light/ glare impacts. This can be accomplished through careful design con- siderations such as angle of glass placement, use of overhangs, etc. 6. Security lighting for the project shall be designed and located to minimize potential light /glare impacts on surrounding uses, particu- larly the residences across Cerritos Avenue. This can be achieved through the use of directional low intensity lighting fixtures. Lighted signage for the project shall also be designed to minimize potential impacts on the surrounding areas (e.g., by orienting major signage toward Valley View Street). As part of the proposed project, overhead utility lines along Cerritos Avenue and Valley View Street shall be placed underground. r- (b) All significant environmental effects that can feasibly be avoided have 1 5 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 under- taken, and additional conditions may be imposed to alleviate any adverse impacts. In particular, additional conditions may be imposed upon presentment of grading plans, site plans, engineering data, etc. (d) The remaining, unavoidable significant effect, if any, is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations which follows. 7 16 TRAFFIC /CIRCULATION Impact The proposed project will generate approximately 14,000 vehicle trips per day at buildout. Findings /Mitigation Measures (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environ- mental effect, in that: External Circulation System 1. One (1) site access street shall be required on Valley View Street and one (1) on Cerritos Avenue. Since forecasted trips cannot be accommodated by a single access onto Valley View Street, approxi- mately 100 left- turning vehicles and 220 right- turning vehicles would be expected to use the alternate accesses onto Cerritos Avenue and Walker Street during peak hours. 2. A northbound left -turn lane shall be required in the existing raised median island on Valley View Street at the proposed site access street. That lane must be at least 200 feet long to store the anticipated left -turn volume. 3. A 200 -foot long westbound left -turn lane shall be required on Cerritos Avenue at the proposed site access street. 4. An eastbound, outside acceleration lane shall be required along the south side of Cerritos Avenue east of the site access street to accommodate right- turning vehicles exiting the site. 5. The City Traffic Engineer shall review the site plan for conformance to good traffic engineering principles, and all measures deemed necessary by the City Traffic Engineer to conform the site plan to good traffic engineering principles shall be implemented by the proponent. 6. The City shall periodically assess the need for a traffic signal on Cerritos Avenue adjacent to the Subject Property. At such time as the City Traffic Engineer, acting in a reasonable manner utilizing generally applicable traffic engineering principles, concludes that a signal is needed, and that the signal would not have a material adverse effect on traffic circulation conditions in the area, the City will notify the Developer and, within sixty (60) days of receipt of such notice, the Developer shall pay in cash to the City all funds determined in good faith by the City Traffic Engineer to be necessary to design and construct said traffic signal in accordance with the City's standards; construction shall be completed at the Developer's sole expense. 7. When deemed necessary by the City Traffic Engineer, the City shall cause to be constructed, at the proponent's pro -rata shared expense, the following identified mitigation projects in the Business Park. Funds for these projects shall be collected as enumerated in a separate agreement between City and proponent: - Re- phasing the traffic signals at the intersection of Cerritos and Walker, along with creating dual left -turn lanes and channelizing all approaches to the intersection with three through lanes. - Creating dual left -turn lanes at the intersection of Valley View and Cerritos and adding a third eastbound lane on Cerritos from Walker to Progress. - Creating triple northbound left -turn lanes at the intersection of Valley View and Katella, adding a fourth through lane on the southbound and westbound approaches to the intersection, adding free right -turn lanes at the northwest and northeast corners of the intersection and constructing a grade separation structure at the intersection. 8 - Modifying the traffic signals at Denni /Cerritos and Denni /Katella: - Installing a traffic signal interconnect system along Katella Avenue. - Widening Katella Avenue from Valley View to Holder. - Installing a traffic signal interconnect system along Valley View Street. - Constructing the connection of Holder Street across the Stanton Storm Channel. - Constructing a traffic signal at the intersection of Holder and Orangewood. 8. The Developer shall pay to the City for traffic impact mitigation improvements as follows: a. The Developer shall pay to the City $200,000 (the initial payment) upon the issuance of the first certificate of occupancy for the first building constructed on the Subject Property. The $200,000 shall be in constant 1985 dollars. b. Beginning with the first building, upon the issuance of each build- ing permit up to 500,000 square feet of floor space on the Subject Property, the Developer shall pay an amount determined by the City in accordance with the following formula: (1) The numerator shall be the estimated dollar amount (in constant 1985 dollars inflated per Engineering News- Record [ENR] Construction Cost Index [C.C.I.] for the Los Angeles area) as determined by the City, required to construct all major traffic improvements which the City determines may be requirdd within the Cypress Business Park (and any portion thereof), including the Los Alamitos Race Track. Such improvements shall include, but not be limited to, arterial street widenings, traffic signal systems modifications, grade separation structures or other major intersection improvements. (2) The denominator shall be the gross floor area of the entire Cypress Business Park (excluding commercial /retail uses), including the Los Alamitos Race Track, as determined by the City at each time in accordance with the following formula: (3) The square footage of each proposed building shall be multiplied by the factor resulting from the division of the numerator as set forth in 2.b.(1) by the denominator as set forth in 2.b.(2). (4) Payment shall be as follows: The Developer shall provide to the City a bond concurrent with the issuance of each build - permit which shall be in the amount determined by the City pursuant to paragraph 2.b.(1), (2) and (3) above for the gross floor area of each such building. At such time as a certificate of occupancy is issued with respect to each such building, the Developer shall remove the bond and pay to the City in cash the corresponding amount determined by the City pursuant to paragraph 2.b.(1), (2) and (3) above. c. Following development of the first 500,000 square feet of industrial /office space on the Subject Property, the Developer will be entitled to obtain building permits and receive certifi- cates of occupancy without the payment of additional traffic impact mitigation improvement fees until the $200,000 initial payment has been consumed. d. After development of the first 500,000 square feet of industrial/ office space and consumption of the $200,000 initial payment, the Developer shall provide to the City a bond concurrent with the issuance of each subsequent building permit which shall be in the amount determined by the City pursuant to paragraph 2.b. above for the gross floor area of each such building. At such time as a certificate of occupancy is issued with respect to each subse- quent building, the Developer shall remove the bond and pay to the City in cash the corresponding amount determined by the City pursuant to paragraph 2.b. above. — 9 — 17 18 9. The Developer waives for himself, his successors and assigns, the right to protest the formation of an assessment district, major thoroughfare benefit district or other financing district deemed necessary or appropriate by the City to facilitate the imposition and collection of traffic impact mitigation improvement fees or otherwise finance the construction of the traffic impact miti- gation improvements. Such improvements shall include, but not be limited to, arterial street widenings, traffic signal system modifications, grade separation structures or other major inter- section improvements. 10. In the event that the formation of an assessment district, major thoroughfare benefit district or other financing district as con- templated in paragraph 3 above does occur, the assessment shall, at the City's discretion, be pro -rata within assessment /benefit area (area of benefit and method of spreading the assessment to be determined by the City at its discretion), based upon gross floor area of the entire Business Park (completed or potential), less commercial /retail areas. The area of benefit and method of spreading the assessment will be determined by the City at its discretion and in accordance with applicable laws and regulations. Site Access Street Design 1. The site access street onto Cerritos Avenue shall consist of the following as a minimum: Enter - 1 Lane - 16 Feet Exit - 1 Left - 12 Feet Exit - 1 Right - 16 Feet TOTAL - 44 Feet The curb cut shall include a minimum 25 -foot radius curb return on both entering and exiting sides. If a raised median island is pro- posed for separation and as an architectural statement, the enter- ing lanes must be 30 feet wide at a minimum, to accommodate a 48 -foot turning radius truck, together with a 35 -foot radius curb return on the approach side. The exit right -turn lane must provide at least 200 feet of storage before reducing to a single lane. 2. The site access street onto Valley View Street shall consist of the following as a minimum: Enter - 1 Lane - 16 Feet Exit - 1 Left - 12 Feet Exit - 1 Right - 16 Feet TOTAL - 44 Feet The exit right -turn lane must have a storage length of 200 feet minimum. Curb returns shall be as previously discussed for the site access street onto Cerritos Avenue. Internal Street Design 1. Internal streets shall be constructed as four -lane facilities from Valley View Street and from Cerritos Avenue to the first internal street intersections. Street widths in these sections shall be a minimum of 60 feet wide to permit trucks to enter and exit driveways. 2. Beyond the first intersections, the streets may narrow to 44 feet curb -to -curb widths. At -curb parking shall be prohibited for at least 150 feet on each side of each driveway. Private driveways shall be a minimum of 40 feet wide and have a curb return design to allow for truck turns into and out of the parcel. Internally, driveways may narrow to 25 feet wide minimum. Transportation System Management 1. If the project is developed with mixed land uses, including com- mercial support activities (i,c,, office supply, printing, art Supplies, sandwich shops, health club, etc,), it could serve to reduce the amount of traffic that is generated, since conveniently locating such uses could encourage pedestrian traffic within the complex rather than vehicular traffic on local streets. 19 2. The proposed project shall incorporate preferred parking for carpool, vanpool and rideshare vehicles. Pedestrian amenities and bicycle racks shall be provided to encourage alternate modes of transportation. 3. Companies with over 100 employees onsite shall participate in a TSM program as follows: - Develop a carpool /vanpool program for employees. - Collaborate with the OCTD to provide information to employees regarding regular bus schedules, subscription buses and ridesharing and encourage employees to take advantage of ridesharing and busing possibilities. - Implement alternative work schedules (i.e., flextime, staggered hours or compressed work week). Managers of office buildings onsite shall also provide carpool, vanpool and rideshare information to office tenants and will encourage collaboration between them. The above measures are expected to reduce peak hour trip generation from the project site by 10% under the volumes expected without such measures. 4. Transportation Systems Management (TSM) measures shall be encouraged for all developments in the Business Park. A transportation manage- ment action plan is now being prepared by the City. The developer shall participate in the Transportation Systems Management plan adopted by the City for the Business Park and shall participate in a TMA (Transportation Management Association) formed by landowners in the Business Park with the assistance of the City and its consultant. 5. The Developer shall participate in Transportation Systems Management (TSM) programs on an equivalent basis with all other City designated participants within the Business Park. (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. The level of analysis now presented is appropriate for a Specific Plan; if and when particular projects implementing the Specific Plan are proposed, additional environmental review will be undertaken, and additional conditions may be imposed to alleviate any adverse impacts. In particular, additional conditions may be imposed upon presentment of grading plans, site plans, engineering data, etc. 2. The "no development" alternative would not generate any additional traffic; however, this option was rejected based on land use and economic considerations as noted in the Draft EIR. The residential development alternative would generate less traffic than the current project proposal, but was rejected based on land use considerations and designations of the project area as described in the Draft EIR. Any development alternative which involves the conversion of the existing vacant land /agricultural uses to urban uses will contribute incrementally to traffic impacts in and around the study area. (d) The remaining, unavoidable significant effect, if any, is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations which follows. 20 AIR QUALITY Impact The project will create an incremental increase in stationary and mobile source pollutants. Findings /Mitigation Measures (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environ- mental effect, in that: 1. Implementation of the energy conservation measures presented in Section 5.11 of this EIR shall minimize the air quality impacts attributable to electricity and natural gas consumption by the proposed project. 2. Utilization of the traffic and circulation mitigation measures discussed in Section 5.6 of this EIR shall reduce project - generated mobile emissions. 3. Regular wetting of soil piles and exposed dirt areas to minimize dust generation during soil excavation and grading shall be required. Use of low emission grading and construction equipment shall also be required. 4. Air intakes for buildings located adjacent to a major street shall be located as far as possible from the street (Cerritos Avenue and Valley View Street). (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 under- taken, and additional conditions may be imposed to alleviate any adverse impacts. In particular, additional conditions may be imposed upon presentment of grading plans, site plans, engineering data, etc. (d) The remaining, unavoidable significant effect, if any, is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations which follows. 21 NOISE Impact Project induced traffic will incrementally increase noise along major arterials serving the site and vicinity, and portions of the project site may be exposed to aircraft noise associated with operations at the Los Alamitos AFRC. Findings /Mitigation Measures (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environ- mental effect, in that: 1. Construction activities proposed near residential areas shall be limited to the hours of 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 5 p.m., Saturday. In addition, construction equip- ment shall be equipped with effective muffling devices and the construction site should be fenced in. 2. An acoustical analysis shall be required for development proposed within the High Noise Impact Zone from LAAFRC. The analysis should be completed at the site plan level of processing and should include a description of measures incorporated into the project design to assure that interior noise standards will be met. 3. The mitigation measures suggested in Section 5.6 shall serve to reduce Ldn increases along local roadways through the reduction of daily traffic and the improvement of circulation efficiency. 4. Where they do not presently exist, noise walls and /or landscaping shall be provided along the north side of Cerritos Avenue across from the project site, to reduce traffic - related noise impacts on the adjacent residents. 5. All proposed development for the project site shall be subject to the provisions of City and County Noise Ordinances. Such noise'policies set standards which protect adjacent land uses. In the case where the light industrial /office uses are developed adjacent to residential areas, such uses shall not generate noise which exceeds the noise standards specified for residential 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 a Specific Plan; if and when particular projects implementing the Specific Plan are proposed, additional environmental review will be under- taken, and additional conditions may be imposed to alleviate any adverse impacts. In particular, additional conditions may be imposed upon presentment of grading plans, site plans, engineering data, etc. (d) The remaining, unavoidable significant effect, if any, is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations which follows. - 13 - 22 PUBLIC SERVICES /UTILITIES Impact The proposed project will incrementally increase demand for public services/ utilities including police and fire protection, solid waste disposal, water supply, wastewater disposal, electricity, natural gas, and telephone. Findings /Mitigation Measures (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environ- mental effect, in that: 1. A night -time and weekend security officer is recommended until project completion. Police services to the development will be enhanced through the provision of adequate street lighting, clearly marked street names and building numbers, and security hardware. Other measures to facilitate service to the development and minimize potential crime problems will be based on consultation with the Police Department during the project design and implementation stages. 2. The proposed project shall be constructed in conformance with the Uniform Building Code and all site - specific Fire Department require- ments. Built in fire protection, such as automatic fire sprinklers, would reduce demand on fire protection services. 3. High rise buildings are required to comply with related codes and designs for fire protection and life safety. This includes automatic fire sprinklers, smoke detectors and alarm systems, apparatus access, adequate fire flow and hydrants, and other systems or features as required by the Fire Chief to mitigate a hazard. 4. The telephone company shall be kept informed regarding project construction activities and street work. This will allow the company to ensure that its facilities are not impacted and to cooperate with other utilities by using the same trenches in pro- viding extensions or other improvements. 5. The proposed project shall be designed /implemented with those water conservation measures required by law (e.g., low -flush toilets, low -flow showers and faucets and insulation of hot water lines in water recirculating systems). In addition, other measures could be implemented to reduce consumption of water. The following is a list of recommendations from the Department of Water Resources. It is suggested that these measures be imple- mented 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 - Landscape with low water- consuming plants wherever feasible. - Minimize use of lawn by limiting it to lawn dependent uses, such as picnic areas. —14— 23 - Use mulch extensively in all landscaped areas. Mulch applied on top of soil will improve the water - holding capacity of the soil by reducing evaporation and soil compaction. - Install efficient irrigation systems which 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 of increasing irrigation efficiency. - 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. The proposed project shall be designed /implemented with various energy conservation features. Suggested energy conservation features for the proposed project are included in Section 5.11, Energy Conservation. The developer shall consult with SCG's Marketing Services Department concerning selection of the most effective applications of energy conservation techniques for the proposed project. Mitigation measures are discussed in greater detail in Section 5.11 of this report. The water conservation measures suggested in Section 5.10.2 shall also help reduce sewage generation. Compacting refuse shall substantially reduce the number of refuse hauling trips and allow for more effective and sanitary refuse disposal. Voluntary refuse separation shall also help to reduce the ultimate quantity of solid waste deposited in local landfills by allowing for recycling /resource recovery where feasible. Any hazardous waste that is generated onsite shall be transported to a permitted Class I disposal facility by a licensed hauler. (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 under- taken, and additional conditions may be imposed to alleviate any adverse impacts. In particular, additional conditions may be imposed upon presentment of grading plans, site plans, engineering data, etc. 2. Given the project's urban location, adequate capacity is generally available for the requisite public services and utilities. "Will - serve" letters will be obtained prior to approval of tentative tract maps for the subject project. (d) The remaining, unavoidable significant effect, if any, is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations which follows. 24 ATTACHMENT B STATEMENT OF OVERRIDING CONSIDERATIONS November 25, 1985 BACKGROUND 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 result- ing in environmental damage without explaining the reasons which supported the decision, courts have invalidated the action. "(b) Where the decision of the public agency allows the occurrence of significant effects which are identi- fied 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 con- siderations, 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 amend the General Plan for the City of Cypress, adopt Specific Plan No. 85 -1 and change the zoning designation of the study area. Because the action constitutes a project under CEQA and the Guidelines, an Environmental Impact Report (EIR) has been prepared by the City of Cypress. The EIR has identified certain significant effects that will follow from this project and the City Council desires to approve this project. After deter- mining 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. The project, upon completion, will produce substantial recurring revenues to the City of Cypress. 2. Implementation of the project will result in substantial traffic and public improvements to the subject site. 3. The project, at ultimate development, will provide an estimated 4,000 jobs. 4. Implementation of this project will promote the objectives of the City's General Plan by providing consistency of land use within the Cypress Business Park. 5. The project represents a logical extension of urban services and facilities, and the in- filling of vacant urban land. 6. The project is consistent with recent growth projections developed by the Southern California Association of Governments for the City of Cypress. 7. The Specific Plan will provide a comprehensive and coordinated develop- ment plan for the 47 -acre study area. 25 8. The type and intensity of development proposed is compatible with other business park and commercial uses in the greater Cypress Industrial Area. 9. The project provides for business park and commercial uses of a greater economic viability than that of the current onsite agricultural uses. 2