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Resolution No. 3135318 RESOLUTION NO. 3135 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 PLAZA AND MAKING CERTAIN FINDINGS. WHEREAS, the City Council /Planning Agency of the City of Cypress conducted a public hearing on Sept. 22, 1986 and reviewed the Draft Environmental Impact Report and responses to the Draft Environmental Impact Report for the Cypress Plaza Specific Plan No. 86 -1; and WHEREAS, the City Council of the City of Cypress has reviewed the Draft Environmental Impact Report prepared for the Cypress Plaza Specific Plan No. 86 -1, and a motion was made to approve the Draft Environmental Impact Report subject to the conditions 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. 86 -1, Cypress Plaza. SECTION 2: The City Council /Planning Agency hereby certifies that the Final Environmental Impact Report for Specific Plan No. 86 -1 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 imple- mentation of Specific Plan No. 86 -1, Cypress Plaza, have been con- sidered 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 earth resources, drainage and hydrology, biological resources, traffic, air quality, noise, public services, aesthetic resources, golf course/ open space, socioeconomics, land use and public safety 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 biological resources (landmark trees), traffic, air quality, aesthetic resources and golf course /open space. e 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. 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: 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. 86 -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 $755,422 to $1,006,289. 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 7,500 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 Agency of the City of Cypress at a regular meeting held on the 22nd day of September, 1986. ATTEST: 1 lI CITY CLEIIK OF THR CITY Oy CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CI? OF 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 22nd day of September, 1986, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Kanel, Mullen, Partin and Lacayo NOES: 1. COUNCIL MEMBERS: Coronado ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE C 31J 320 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 PLAZA 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. 321 EARTH RESOURCES Impact The possibility of onsite liquefaction resulting from intense groundshaking is considered high. 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. Structures shall be designed to withstand anticipated groundshaking caused by future earthquake within an acceptable level of risk; i.e., high risk zone, as designated by the City's latest adopted edition of the Uniform Building Code. The following mitigation measures have been designed to alleviate potential geological impacts associated with the proposed development and shall be implemented if feasible. 2. As identified by the County of Orange and the Soil Conservation Service, there may be several soil - related hazards, such as high groundwater and liquefaction, that could have a significant adverse impact on future development. Therefore, a soils engineering and geologic study shall be undertaken and submitted to the City Engineer for approval prior to submittal of final development plans. Said study shall accurately assess the potential for high groundwater and liquefaction on the subject property and identify appropriate cor- rective measures, such as over excavation and recompaction and /or structure reinforcement. In addition, this study shall determine specific foundation /engineering parameters for the proposed project. 3. Grading shall be conducted during the dry season to reduce onsite soil erosion. (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. 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. Additional conditions may be imposed upon completion of soils test for individual projects. (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. 32:2 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. To mitigate local drainage problems, storm drains shall be installed into the study area as well as streets capable of carrying runoff. These systems shall be planned in accordance with City master plans. 2. Exposed soil areas shall be planted where appropriate to control downstream sedimentations. 3. Development within 100 -year flood zone areas shall be subject to all applicable construction and floodproofing requirements (i.e., height of lowest floor must be at least one foot above the design flood level or be protected by floodproofing). Review for compliance in this regard will occur during subsequent tentative subdivision planning stages. 4. Developer will pay Master Planned Drainage fees not offset by con- struction of Master Planned Facilities. (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. The level of analysis now presented is appropriate for a Specific Plan; if and when particular projects implementing the Specific Plan are proposed, additional environmental review will be undertaken, and additional conditions may be imposed to alleviate any adverse impacts. In pL:.rticuiar, 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. 323 BIOLOGICAL RESOURCES Impact Development of the study area will result in the displacement of 87 acres of golf course landscaping vegetation and 32 acres of ruderal vegetation, and infilling of three or four man -made lakes within the golf course. The project would displace many of the landmark trees onsite. 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: The design guidelines within the Specific Plan call for extensive land- scaping within the development, providing an increased variety of introduced plant species. Retention of certain of the landmark trees and the introduction of additional landscaping, including 569, 24 -inch box or larger trees to replace removed landmark trees, will provide forage and cover for the resident bird and mammal population. Pursuant to Cypress City Code, Section 17 -17 through 17 -27, the City will require the retention of 432 of the onsite trees. The following specific mitigation measures have been identified by the City: . Areas 1 and 2 (see Figure 5) - All trees may be removed except for the 12 trees identified in Appendix F. The 12 trees must be relocated to another onsite location or an offsite location designated by the City, if removed. . Area 3 - All trees may be removed. . Area 4 - Not affected by the project. . Area 5 - All trees must be protected in place. . Area 6 - All trees must be protected in place. All replacement trees must be 24 -inch box or larger and are in addition to normal requirements for landscaping. The species must be approved by the City and incorporated into the overall landscape design. (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. The level of analysis now presented is appropriate for a Specific Plan; if and when particular projects implementing the Specific Plan are proposed, additional environmental review will be undertaken, and additional conditions may be imposed to alleviate any adverse impacts. In particular, additional conditions may be imposed upon presentment of grading plans, site plans, engineering data, etc. 2. The project will result in a net increase in the amount of water surface onsite. The net increase in water surface will provide adequate habitat for any resident or migratory birds presently using the site. (d) The remaining, unavoidable significant effect, if any, is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations which follows. 324 (e) The following Landmark Tree Replacement Policy shall be incorporated into the development conditions for the Specific Plan area: 1. Prior to issuance of the first building permit on each subdivided parcel in the Specific Plan area, the developer shall pay a fee to the City to offset the removal of landmark trees. The Area of Benefit for such fee shall be coincident with the boundaries of the Specific Plan area. The amount of such fee shall be $733 per gross acre (569 trees x $207 /tree 160.6 acres). 2. The City shall deposit all fees collected into a special Landmark Tree Replacement Fund. 3. The City shall utilize deposited funds, and any accumulated interest, for the purpose of purchasing and planting specimen trees in the Area of Benefit. The sizes, species and locations of said trees shall be compatible with the landscape theme of the Specific Plan as deter- mined by the City's Director of Public Works and Planning Director. Funds may also be used to replace existing landmark trees in the Area of Benefit which may die or otherwise require removal. 4. Any monies remaining in the Landmark Tree Replacement Fund, at the completion of the development within the Area of Benefit, shall be made available for purchasing and planting specimen trees elsewhere within the public areas of the City, to the benefit of the entire community, as determined by the City's Director of Public Works and Director of Recreation and Parks. 325 TRAFFIC /CIRCULATION Impact The proposed project is expected to generate approximately 45,040 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: The following measures 1 through 6 will be funded and constructed without direct involvement by the project proponent, except as noted. At least partial funding by the City's Traffic Impact Mitigation Assessment fee is anticipated: 1. Katella Avenue /Valley View Street Current improvements consisting of adding an eastbound Katella Avenue through lane and an improved eastbound to the southbound free right -turn merging area on Valley View Street will improve traffic flow. Additional mitigation, by adding a north and southbound through lane, will be provided to improve the poor Level of Service, as well as the completion of Holder Street between Orangewood Avenue and Katella Avenue. Additional capacity study is recommended on Valley View Street through Garden Grove along with potential impacts to the traffic signal pro- gression system before a grade separation structure (fly -over) is con- sidered for the Katella Avenue - Valley View Street intersection. A potential alternative might be a changeable lane control system. 2. Katella Avenue /Walker Street Improvements currently under construction are expected to provide satisfactory intersection operating conditions through 1993. 3. Katella Avenue /Los Alamitos Boulevard Modifications to improve existing intersection operating conditions include creating a westbound dual left -turn and changing the exclusive southbound right -turn lane to a through lane, together with signalized eastbound and northbound right -turn overlaps. Additional through lanes on the eastbound, westbound and northbound directions will be necessary mitigations for future conditions. 4. Cerritos Avenue /Valley View Street Provision of northbound dual left -turn lanes and an eastbound right - turn lane will be necessary to mitigate ambient traffic increases, cumulative development and project traffic volumes in the post 1988 time period. Eastbound dual left -turn lanes, an additional eastbound through lane and an addition of a north and southbound through lanes on Valley View Street will be provided to mitigate future conditions. 5. Cerritos Avenue /Walker Street Post 1988 traffic conditions will require an additional eastbound through lane and westbound dual left -turn lanes. An additional southbound lane would be necessary to improve the intersection Level of Service for growth beyond 1993. Widenings for eastbound and southbound lanes immediately adjacent to the project site will be accomplished with the project. 6. Cerritos Avenue /Los Alamitos Boulevard Intersection improvements consisting of adding a northbound and eastbound right -turn lane will provide an improved Level of Service. Post 1993 conditions will require an additional eastbound and westbound through lane for an improved Level of Service. 1326 7. The Developer shall participate in the City's Traffic Impact Mitigation assessment formula. Beginning with the first non - commercial /retail building permit issued on the subject property, the Developer shall pay an amount determined by the City in accordance with the following formula: a. The numerator shall be the estimated dollar amount as determined by the City, required to construct all major traffic improvements which the City determines may be required within the Cypress Business Park (and any portion thereof, including the subject property). 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; such improvements are exclusive of streets, sewers, storm drains, water lines, undergrounding of power lines and removal of poles, and any other public improvements and infrastructure required on the land owned by the Developer and in the public right -of -way adjacent thereto. b. The denominator shall be the gross floor area of the entire Cypress Business Park (excluding commercial /retail uses), including the subject property, as determined by the City at each time in accordance with the formula in paragraph c. below: The square footage of each proposed building shall be multiplied by the factor resulting from the division of the numerator as set forth in paragraph a. above by the denominator as set forth in paragraph b. above. d. 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 paragraphs a., b., and c. 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 paragraphs a., b., and c. above. 8. The Developer waives for himself, his successors and assigns the right to protest the formation of an assessment district, major thoroughfare benefit district or other financing district deemed necessary or appropriate by the City to facilitate the imposition and collection of traffic impact mitigation improvement fees or otherwise finance the construction of the traffic impact mitigation improvements. Such improvements shall include, but not be limited to, arterial street widenings, traffic signal system modifications, grade separation structures or other major intersection improvements. 9. In the event that the formation of an assessment district, major thoroughfare benefit district or other financing district as contem- plated in paragraph 8. above does occur, the assessment shall, at the City's discretion, be pro -rata within the assessment /benefit area (area of benefit and method of spreading the assessment to be deter- mined 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 assess- ment will be determined by the City at its discretion and in accordance with applicable laws and regulations. 10. The Developer shall participate in Transportation Systems Management (TSM) programs on an equivalent basis with all other City designated participants within the Business Park. Project Site Mitigation Measures 11. Provide southbound exclusive right -turn lane on Walker Street approach- ing the east -west roadway south of the railroad tracks. (Phase I Development) 327 12. Provide eastbound median left -turn pocket on Katella Avenue at Winner's Circle. Modify traffic signal to provide for eastbound protected left -turn movement and signalize development access. (Phase I Develop- ment) 13. Provide eastbound median left- turn -in -only lanes at major Katella Avenue driveway locations. (Phase II Development) 14. Provide eastbound Katella Avenue median left -turn lane at Ticonderoga Drive. Signalize intersection and connect to Katella Avenue coordi- nated traffic signal system. (Recommended level of development study to determine the traffic installation timing during Phase I.) 15. Adjacent to the project site, provide westbound Katella Avenue exclusive right -turn acceleration /deceleration lanes at Denni Street, Ticonderoga Drive, Siboney Street, Winner's Circle, Walker Street, and all driveways. (Phase I and II Development) 16. Provide dual eastbound left -turn lanes on Katella Avenue at Denni Street. Modify signal to provide for protected left- turns. (Phase II Development) 17. Align intersections at Denni Street and existing development accesses. (Phase I, II and III Development) 18. Provide westbound Cerritos Avenue median left -turn lanes at Denni Street and major project site driveways and roadways. (Phase I Development) 19. Modify Denni Street /Cerritos Avenue intersection signal to provide for six phase operation. (Recommended level of expected development traffic study - Phase I and II to determine signal modification timing.) 20. Provide traffic signalization at the east -west roadway intersections of Denni Street and Walker Street. (Recommended traffic study to determine signal improvement timing based upon expected level of development during Phase II Development Period.) 21. Provide traffic signalization at the east -west roadway intersection with the race track entry. (Recommend with development of Phase I Development of Parcel lc.) 22. Construct remainder of Denni Street, full - width, between Cerritos Avenue and Katella Avenue including at -grade railroad crossing. Construction of west side of Denni Street between the south side of the railroad crossing and Katella Avenue will be subject to dedication of right -of- way by the westerly, adjacent property owner in the City of Los Alamitos. 23. Adjacent to the project site, provide eastbound Cerritos Avenue exclusive right -turn acceleration /deceleration lanes at Denni Street, Walker Street, and all other intersecting roadways and driveways. 24. Provide additional eastbound Cerritos Avenue and southbound Walker Street through lanes adjacent to the project site at the Cerritos Avenue /Walker Street intersection (Item 23. above will provide the necessary Cerritos Avenue widening). 25. Provide traffic signalization at the intersection of Walker Street and Executive Drive (one -half of cost to be funded by City of Cypress). (Phase II development) A detailed description of the proposed phasings of the above improvements is provided in the Traffic Study, starting on page B50. 3'3 26. Transportation Systems Management From a broad standpoint, the most effective means of mitigating the traffic impact of this project and other Cypress Business Park development in the project area would be programs which would reduce single occupant and /or private automobile usage and disperse peak hour demands. These items would fall under the general category of Transportation Systems Management (TSM) and many of these strate- gies could be easily encouraged by the applicant with respect to the office component of the project. The City of Cypress currently has a study underway that will culminate in a recommended TSM program for the Cypress Business Park and the individual development areas. The following presents a listing of some of the actions which merit consideration and encouragement: . Car and van pooling. ▪ Bus pooling or subscription bus. . Staggered and flexible work hours. . Parking management, with favored parking location /charges for car and van pools. . Integrated pedestrian circulation facilities. . Improved transit service and facilities. . Transit stop optimization. . Improved /coordinated traffic signal systems. As stated in Mitigation Measure No. 10. above, the Developer shall partici- pate in any TSM plan established as a result of the City's current study to effect such a plan. (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. The level of analysis now presented is appropriate for a Specific Plan; if and when particular projects implementing the Specific Plan are proposed, 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. Any development alternative which involves the conversion of the existing 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. 329 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. SCAQMD Rule 403 will be adhered to, insuring the clean up of construction - related dirt on approach routes to the site. 2. Adequate watering techniques will be employed to partially mitigate the impact of construction - generated dust particulates. 3. Building construction will comply with the energy use guidelines in Title 24 of the California Administrative Code. 4. The SCAQMD Rules and Regulations will be adhered to particularly regarding: emergencies (Reg. VII), new stationary point sources of air pollutants (Reg. XIII), and toxic and hazardous wastes. 5. The preferential use of diesel - powered construction equipment rather than gasoline - powered equipment, shall be considered to affect exhaust emission reductions and evaporative and crankcase HC emission reductions. 6. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 7. To reduce motor vehicle emissions, the project tenants shall encourage employees and customers to increase vehicle occupancy through the use of public transit and /or carpools by: • distributing information on transit routes and schedules; . providing convenient bus shelters; assisting employees in forming carpools (AQMP control measure I8); . subsidizing employee costs for monthly transit passes; and . providing preferential parking for ride - sharing employees (AQMP control measure I9). 8. Employers /tenants of the proposed project shall consider modified work schedules for employees to reduce travel during periods of traffic congestion and thereby reduce congestion- related motor vehicle emission (AQMP control measure I10). 9. The use of energy efficient lighting in the parking lots /structures shall be considered to reduce emissions at the power plant serving the site (AQMP control measure N11). (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. The level of analysis now presented is appropriate for a Specific Plan; if and when particular projects implementing the Specific Plan are proposed, additional environmental review will be undertaken, and additional conditions may be imposed to alleviate any adverse impacts. In particular, additional conditions may be imposed upon presentment of grading plans, site plans, engineering data, etc. (d) The remaining, unavoidable significant effect, if any, is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations which follows. 331 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 AA. 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 will take place only on weekdays and Saturdays between 7 a.m. and 8 p.m. (and excluding holidays) to reduce noise impacts during more sensitive time periods. 2. The use and proper maintenance of noise reducing devices on construction equipment will minimize construction - related noise. 3. Although traffic noise increase along Lexington Drive, Denni Street, Moody Street and Walker Street resulting from the project will be audible, no mitigation measures are required or proposed to reduce traffic noise along these routes since current noise levels are quite low. 4. Specific acoustic analyses, performed at the precise plan approval stage will ensure that building location, truck access, parking area design and air conditioning /refrigeration units are carefully designed and evaluated to minimize the potential for noise impacts on and off site and insure compliance with the City of Cypress Noise Ordinance and Noise Element. 5. Design regulations will be instituted to minimize ground vibration and noise impacts adjacent to the railroad spur onsite. (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. The level of analysis now presented is appropriate for a Specific Plan; if and when particular projects implementing the Specific Plan are proposed, additional environmental review will be undertaken, and additional conditions may be imposed to alleviate any adverse impacts. In particular, additional conditions may be imposed upon presentment of grading plans, site plans, engineering data, etc. (d) The remaining, unavoidable significant effect, if any, is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations which follows. 2 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: Water 1. As required by State law, the following water conservation measures will be incorporated into the project: a. Low -flush toilets. b. Low -flow showers and faucets. c. Insulation of hot water lines in water recirculating systems. 2. The following water conservation measures suggested by the Department of Water Resources shall be implemented where applicable and feasible: Interior Supply Line Pressure: Recommend water pressure greater than 50 pounds per square inch (psi) be reduced to 50 psi or less by means of a pressure reducing valve. Flush Valve Operated Water Closets: Recommend 3 gallons per flush. Drinking Fountains: Recommend equipped with self - closing valves. Pipe Insulation: Recommend all hot water lines be insulated to provide hot water faster with less water waste, and to keep hot pipes from heating cold water pipes. Exterior . Consider landscaping with low water - consuming plants wherever feasible. • Use mulch extensively in all landscaped areas. Mulch applied on top of soil will improve the water - holding capacity of the soil by reducing evaporation and soil compaction. Install efficient irrigation systems which minimize runoff and evaporation and maximize the water which will reach the plant roots. Drip irrigation, soil moisture sensors and automatic irrigation systems are a few methods to consider in increasing irrigation efficiency and may be feasible for the project. ▪ Use pervious paving material whenever feasible to reduce surface water runoff and aid in ground water recharge. • Investigate the feasibility of utilizing reclaimed wastewater, stored rain water or gray water for irrigation. Wastewater 1. Implementation of the water conservation measures required in the Water section of this EIR will reduce the amount of wastewater gener- ated by the project. 33 2. All required sewer improvements will be designed and constructed to City standards. Sewer improvements must be approved by the City Engineer prior to development. 3. The Developer will be required to finance the sewer connection fee in order to obtain wastewater collection and treatment services. Solid Waste Disposal 1. Compacting refuse will substantially reduce the number of refuse haul- ing trips and allow for more effective and sanitary refuse disposal. 2. Where feasible, voluntary refuse separation would also help to reduce the ultimate quantity of solid waste deposited in local landfills by allowing for recycling /resource recovery. 3. Any hazardous waste that is generated onsite shall be transported to a permitted Class I disposal facility by a licensed hauler. Electricity As stated by Southern California Edison, the Developer will be responsi- ble for installing underground electric lines within the development. Natural Gas 1. Easements are required for all mains not installed in a public right -of -way. 2. All services and facilities built will be in accordance with policies and extension rules of the California Public Utilities Commission and federal regulatory agencies. Telephone . All telephone service will be in accordance with the tariffs and regulations on file with the California Public Utilities Commission. Police Services 1. The adequacy of police services will be reviewed by the Police Depart- ment during the project design and implementation stages and mitigation needs, as appropriate, will be identified. 2. Police services to the development will be enhanced through the pro- vision of adequate street lighting, clearly marked street names and building numbers and security hardware. Consultation with the Police Department during subsequent stages of project design and implemen- tation may produce other measures to facilitate adequate police services to the development and minimize potential crime problems. Fire Services 1. All buildings will be constructed in conformance with adopted City Building, Plumbing and Electrical Codes. 2. The proposed project will include a water system of sufficient flow capacity and pressure for the proposed land uses and fire protection. 3. The Orange County Fire Department will review detailed development plans to ensure adequate access and fire protection facilities are provided. 4. Built -in fire protection, such as smoke detection devices, automatic fire sprinkler systems, fire- retardant building materials and shrubbery, and prominent placement of rescue service telephone numbers will be incorporated into the project. (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. 334 (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. The level of analysis now presented is appropriate for a Specific Plan; if and when particular projects implementing the Specific Plan are proposed, additional environmental review will be undertaken, and additional conditions may be imposed to alleviate any adverse impacts. In particular, additional conditions may be imposed upon presentment of grading plans, site plans, engineering data, etc. 2. Given the project's urban location, adequate capacity is generally available for the requisite public services and utilities. "Will - serve" letters will be obtained prior to approval of tentative tract maps for the subject project. (d) The remaining, unavoidable significant effect, if any, is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations which follows. 335 AESTHETIC RESOURCES Impact Development of the site as proposed would significantly alter the visual character of the site. The golf course, vacant areas and portions of the parking lot would be eliminated. The loss of views of the golf course, its trees and landscaping represents a significant impact on the 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: The alteration of site views from that of open space and the golf course to intense urban development cannot be fully mitigated. However, the development regulations and Design Guidelines contained in the Specific Plan would ensure that a quality environment is created. The Design Guidelines contained in the Specific Plan include three main topical areas: architectural design guidelines, signage and landscape/ streetscape guidelines. The following highlights certain aspects of the Design Guidelines. Refer to the Specific Plan for additional detail. Architectural Design Guidelines The purpose of the architectural design guidelines is to satisfy the following criteria: 1. Establish a special project identity. 2. Achieve market /corporate appeal. 3. Ensure economic feasibility. 4. Reflect function of uses through architectural form. 5. Respond to the aesthetic expectations of the community at- large. 6. Implement the goals of the General Plan. 7. Achieve a blending of design within the existing Racetrack properties. 8. Assure appropriate architectural review without unnecessary delays in the development review process. The following design elements should be consulted when reviewing archi- tecture for the Specific Plan area: 1. Avoid long, unarticulated building facades. Buildings with varietal front setbacks are strongly encouraged. 2. Flat roofs with parapet walls to screen rooftop equipment are appropri- ate, although buildings with articulated varying roof planes are encouraged. 3. The use of prefab, all metal steel for sheathing of buildings is pro- hibited. This is not to preclude the use of metal detail within architecturally designed buildings such as "Corten" steel. 4. Conceal all service areas and storage areas either within the build- ing themselves or by screening walls by a solid masonry or stucco stud wall of one color, preferably with brick accent trim. 5. Avoid long linear vistas and building edges within the development envelope and along the streetscape through variations in setbacks. 6. Whenever possible, do not place employee parking in the front yard, between the street and building. Parking should be located to the side or rear portion of the site whenever possible. 7. Buildings should be sited in a manner that will complement the adja- cent buildings and landscape. Building sites should be developed in a coordinated manner to provide order and diversity and avoid a jumbled, confused streetscene. Look to the existing development around the subject site to establish a context in which to design. (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 conditons 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. 837 GOLF COURSE /OPEN SPACE Impact The proposed project will result in the reduction of golf course /open space by 120 acres. 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: The alteration of site views from that of open space and the loss of the recreational value of the golf course cannot be fully mitigated. However, several mitigation measures are available to reduce these impacts. These include: 1. Implementation of the City's Landmark Tree Ordinance. 2. Continued use of the northern nine holes of the golf course on an interim basis. 3. Implementation of the Design Guidelines contained in the Specific Plan. 4. Implementation of the Landscape Guidelines. 6. Expansion of existing water features. (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures 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 subject golf course /open space is private recreational land and does not contribute to the public open space goals referred to in the City's Open Space Element. 3. Project alternatives of different urban uses would result in similar landform impacts. (d) The remaining, unavoidable significant effect, if any, is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations which follows. 338 SOCIOECONOMICS Impact The proposed project would generate approximately 7,500 jobs; however, this would act to further balance the jobs -to- employed- residents ratio for the area since northwestern Orange County is deficient in the number of jobs available compared to the area's resident work force. 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: A number of the programs contained in the City's Housing Element would help to reduce the impact of the project on housing. A reduction in the amount of development allowed in the Cypress Business Park or designating additional land for residential development would reduce this problem. Since the general northwestern Orange County area is deficient in the number of jobs available for its resident labor force, this project would act to further balance the jobs /employed residents ratio. (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. The level of analysis now presented is appropriate for a Specific Plan; if and when particular projects 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. Since the general northwestern Orange County area is deficient in the number of jobs available compared to the area's resident work force, the additional jobs generated by the project would act to further balance the jobs -to- employed- residents ratio for the area. (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. 339 LAND USE, ZONING AND GENERAL PLAN Impact The proposed project would involve the conversion of land containing a golf course, parking lots, horse barns, one residence and vacant acres to urban use. Findings /Mitigation Measures (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environ- mental effect, in that: The Development Regulation and Land Use sections of the Specific Plan contain numerous provisions which would act to mitigate potential land use conflicts. For example, for each land use type proposed, the Land Use section defines the specific uses permitted within the zone. The Development Regulations further establish site development standards such as front yard and side yard setback requirements, minimum build- ing sites, minimum lot depth and width, maximum site coverage and maximum building height. The provisions of the Specific Plan are too numerous to repeat here, but represent a mitigation measure for land use impacts if adopted. (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. 3 4 0 PUBLIC SAFETY Impact Public safety issues could result due to the handling of hazardous materials on the site, and aircraft hazards due to the proximity of the Los Alamitos Army Airfield. Findings /Mitigation Measures (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environ- mental effect, in that: Hazardous Materials 1. Any business which uses, handles, stores or disposes of hazardous materials shall obtain all appropriate permits and comply with all regulations administered by the California Department of Health Services. (The EPA has authorized the State to administer the Federal hazardous material management regulations.) Storage of hazardous materials must also be conducted in accordance with the City of Cypress' Hazardous Materials Disclosure Ordinance. 2. Industries which store hazardous materials in underground tanks shall obtain permits and comply with standards set forth by the State Regional Water Quality Control Board. 3. If surface water is collected anywhere on the project site for discharge as a point source, or if a point source discharge is contemplated, a National Pollution Discharge Elimination System (NPDES) permit must be obtained from the State to satisfy Federal requirements. 4. All generators and transporters of hazardous materials shall acquire necessary safety equipment, which include: a telephone or radio for emergency communications; protective clothing and equipment for employee safety (e.g., breathing apparatus, respirator, goggles, boots); warning or alarm system; readily available safety shower and eyewash; first aid supplies. 5. All major industries proposing to connect to or discharge into the Orange County Sanitation District sewer system must first obtain the appropriate Wastewater Discharge Permit dependent upon the volume and characteristics of wastewater to be discharged. Qualities of the daily wastewater discharges by these industries shall comply with rules and regulations pertinent to the type of Wastewater Discharge Permit obtained. Aircraft Hazards At least 30 days prior to the issuance of building permits for any structure penetrating the 100:1 imaginary surface, the project proponent shall submit FAA Form 7460 -1, "Notice of Proposed Con- struction or Alteration" to the Chief, Air Traffic Division of the appropriate FAA regional office. The project applicant will comply with all appropriate FAA standards and requirements. The findings of the FAA will be transmitted to the City of Cypress prior to the application for building permits. (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: 341 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. 342 ATTACHMENT B STATEMENT OF OVERRIDING CONSIDERATIONS State EIR Guidelines (Guidelines) promulgated pursuant to the California Environmental Quality Act (CEQA) provide in part: "(a) CEQA requires the decision -maker to balance the benefits of a proposed 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. 86 -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 7,500 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 160.6 -acre study area. 8. The type and intensity of development proposed is compatible with other business park and commercial uses in the greater Cypress Industrial Area. 9. The project provides for business park and commercial uses of a greater economic viability than that of the current onsite golf course and vacant land. EXHIBIT "C" CONDITIONS OF APPROVAL FOR THE FINAL ENVIRONMENTAL IMPACT REPORT CYPRESS PLAZA 1. All mitigation measures proposed in the Final Environmental Impact Report shall be complied with. 2. Performance of all obligations of the developer as set forth in the draft Development Agreement between the applicant and the City, dated as of August 6, 1986, which is on file with the City Clerk and is incorporated herein by reference, shall be required as conditions of approval of this Specific Plan. 3. Ten (10) acres of commercial retail property shall be provided along Katella Avenue, with adequate frontage on Katella Avenue. This shall be reflected in Table 1 of Section V.C. of the Specific Plan by incorpo- rating ten (10) acres, 100,000 square feet, 3% of Total Building Square Footage and 6% of Total Specific Plan Area, where it currently states, "To Be Determined." The designated acreage, square footage of building percent of total building square footage, and percent of total Specific Plan area for the remaining uses shall be revised to reflect this change without decreasing the acreage or building square footage for the hotel and Support Commercial category. Figure 2 on Page 1 -7 of the Final Environmental Impact Report shall also be amended to reflect the aforementioned changes. 4. The following statement shall be added to the Final Environmental Impact Report as the second bullet in the disposition of landmark trees on Page 1I1 -16: "o Area 3 - All trees may be removed. Total number of trees removed: 13." 5 The developer shall implement all traffic mitigation measures as cited in the document and, in addition, shall pay to the City for traffic impact mitigation improvements as follows: Beginning with the first non- commercial /retail building permit issued on the subject property, the developer shall pay an amount determined by the City in accordance with the following formula: a. The numerator shall be the estimated dollar amount as determined by the City, required to construct all major traffic improvements which the City determines may be required within the Cypress Business Park and any portion thereof, including the subject property. Such improvements shall include, but not he limited to, arterial street widenings, traffic signal system modifications, grade separation structures or other major intersection improvements; such improve- ments are exclusive of streets, sewers, storm drains, water lines, undergrounding of power lines and removal of poles, and any other public improvements and infrastructure required on the land owned by the developer and in the public right -of -way adjacent thereto. b. The denominator shall be the gross floor area of the entire Cypress Business Park (excluding commercial /retail uses), including the subject property, as determined by the City at each time in accordance with the formula in Paragraph c. below. c. The square footage of each proposed building shall be multiplied by the factor resulting from the division of the numerator as set forth in Paragraph a. above by the denominator as set forth in Paragraph b. above. d. 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 Paragraphs a., b., and c., 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 Paragraphs a., h., and c. above. 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 he limited to, arterial street widenings, traffic signal system modifications, grade separation structures or other major inter- section improvements. In the event that the formation of an assessment district, major thorough- fare benefit district or other financing district occur -;,the assessment shall, at the City's discretion, be pro rata within the assessment /benefit area (area of benefit and method of spreading the assessment to he deter - mined by the laity at its discretion), based upon gross floor area of the entire Busrrress 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 tnd regulations. (,. Tr;rnsportat ion Systems Management ('ISM) measures shall he encouraged for all developments in the Business Park. A t ransportat ion management action plan is nots being prepared by the City. The developer shall participate in the Transportation Systems Management plan adopted by the City for the Business Park and shall participate in a Transportation Management Association (TNA) formed by landowners in the Business Park with the assistance of the City and its consultant. The developer shall participate in these programs on an equivalent basis with all other City- designated participants within the Business Park. 345 - 3 - 7. The following Landmark Tree Replacement Policy shall be incorporated into the development conditions for the Specific Plan area: a. Prior to issuance of the first building permit on each subdivided parcel in the Specific Plan area, the developer shall pay a fee to the City to offset the removal of landmark trees. The Area of Benefit for such fee shall be coincident with the boundaries of the Specific Plan area. The amount of such fee shall be $733 per gross acre (569 trees x $207 /tree 160.6 acres). b. The City shall deposit all fees collected into a special Landmark Tree Replacement Fund. c. The City shall utilize deposited funds, and any accumulated interest, for the purpose of purchasing and planting specimen trees in the Area of Benefit. The sizes, species and locations of said trees shall be compatible with the landscape theme of the Specific Plan as deter- mined by the City's Director of Public Works and Planning Director. Funds may also be used to replace existing landmark trees in the Area of Benefit which may die or otherwise require removal. d. Any monies remaining in the Landmark Tree Replacement Fund, at the completion of the development within the Area of Benefit, shall be made available for purchasing and planting specimen trees elsewhere within the public areas of the City, to the benefit of the entire community, as determined by the City's Director of Public Works and Director of Recreation and Parks. S. The developer -har11 cause to he constructed all streets, sewers, storm drainage y ,teln; and retention basins, water lines, undergrounding of power lines and removal of poles, traffic signals and signal upgrades, landscaping, irrigation systems, and any other public improvements and infratructure required on the land within the Specific Plan area and in the public right -ol -way adjacent thereto. 9. Project Site Traftic Impact Mitigation Measure No. 25 on Page II1 -42 is deleted and replaced by the following measure No. 25: . The City and Racetrack owner shall periodically assess the need for an exclusive Racetrack Signalized Entrance and /or exit connecting the "overflow parking" area (shown on the Specific Plan Racetrack Parking Exhibit, dated August 1, 1986) to Cerritos Avenue. At such time as the City Traffic Engineer, acting in a reasonable manner, utilizing generally applicable traffic engin- eering principles, concludes that a signalized entrance and /or exit is needed, and that the signalized entrance and /or exit would not have a material adverse effect on traffic circulation conditions in the area, the City will notify the Racetrack owner, 34.0 -4- and within thirty (30) days of receipt of such notice, the Racetrack owner shall pay, in cash, to the City all funds determined in good faith by the City Traffic Engineer to be necessary to construct said signalized entrance and /or exit in accordance with the City's standards. The following conditions shall apply: (1) Construc- tion shall be completed at the Racetrack owner's sole expense. (2) Racetrack owner shall construct, at his sole expense, the connecting road between the parking area and the signalized entrance and /or exit. (3) Said signalized entrance and /or exit shall be used exclusively for access to the Racetrack parking areas and shall not serve any adjoining development. (4) The signalized entrance and /or exit shall be located approximately mid -way between Longden and St. Alban Streets. (S) The traffic signal shall be designed to rest in an east -west green phase and be activated only by manual override of City - authorized traffic control personnel."