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8 P:\A-E\CCP2201.05 LARC EIR\PRODUCTS\3_Public Draft EIR 2\8.0 References.docx «03/12/26» -2 County of Orange. n.d. Orange County General Plan Resources Element. pp.VI-9. Website:
https://ocds.ocpublicworks.com/sites/ocpwocds/files/import/data/files/40235.pdf (accessed February 5, 2025).
SECTION 4.3: AIR QUALITY
California Air Pollution Control Officers Association (CAPCOA). 2024. Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity. October. Website: https://www.caleemod.com/handbook/index.html (accessed November 2025).
California Air Resources Board (CARB). 2000. Stationary Source Division and Mobile Source Control Division. Risk Reduction Plan to Reduce Particulate Matter Emissions from Diesel-Fueled Engines and Vehicles. October.
_____. 2005. Air Quality and Land Use Handbook: A Community Health Perspective (CARB Handbook). April.
_____. 2024. Ambient Air Quality Standards.
_____. 2025a. Common Air Pollutants. Website: https://ww2.arb.ca.gov/resources/common-airpollutants (accessed October 2025). _____. 2025b. Top Four. Website: https://www.arb.ca.gov/adam/topfour/topfour1.php (accessed October 2025).
City of Cypress. 2001. Cypress General Plan Air Quality Element. October 5.
Kimley-Horn and Associates, Inc. 2025. Cypress Specific Plan 3.0 Buildout Project Traffic Study. July.
South Coast Air Quality Management District (SCAQMD). 1993. CEQA Air Quality Handbook.
Website: http://www.aqmd.gov/home/rules-compliance/ceqa/air-quality-analysis-hand book/ceqa-air-quality-handbook-(1993) (accessed October 2025). _____. 2018. National Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality Standards (CAAQS) Attainment Status for South Coast Air Basin. Website: http://www. aqmd.gov/docs/default-source/clean-air-plans/air-quality-management-plans/naaqs-caaqsfeb2016.pdf (accessed October 2025). _____. 2021. Localized Significance Thresholds. Website: http://www.aqmd.gov/home/rulescompliance/ceqa/air-quality-analysis-hand book/localized-significance-thresholds (accessed October 2025).
_____. 2022. 2022 Air Quality Management Plan. December. Website: https://www.aqmd.gov/ docs/default-source/clean-air-plans/air-quality-management-plans/2022-air-qualitymanagement-plan/final-2022-aqmp/final-2022-aqmp.pdf?sfvrsn=16 (accessed November 2025).
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P:\A-E\CCP2201.05 LARC EIR\PRODUCTS\3_Public Draft EIR 2\8.0 References.docx «03/12/26» 8-3 Southern California Association of Governments (SCAG). 2021. SCAG 6th Cycle Final RHNA Allocation Plan. Website: https://scag.ca.gov/sites/main/files/file-attachments/6th_cycle_final_rhna_ allocation_plan_070121.pdf?1646938785 (accessed January 28, 2025). _____. 2024a. Connect SoCal: The 2024–2050 Regional Transportation Plan/Sustainable Communities Strategy of the Southern California Association of Governments. Website:
https://scag.ca.gov/sites/default/files/2024-05/23-2987-connect-socal-2024-final-complete040424.pdf (accessed October 2025). _____. 2024b. 2024–2050 RTP/SCS Draft Connect SoCal 2024 Growth Projections. _____. 2024c. 2024–2050 RTP/SCS Demographics & Growth Forecast Technical Report. Website:
https://www.scag.ca.gov/sites/default/files/2024-05/23-2987-tr-demographics-growthforecast-final-040424.pdf (accessed October 2025).
Supreme Court of California. 2015. Sierra Club, Revive the San Joaquin, and League of Women Voters of Fresno, Plaintiffs and Appellants, v. County of Fresno, Defendant and Despondent, and Friant Ranch, L.P., Real Part in Interest and Despondent. April.
United States Census Bureau. 2024. Cypress City, California QuickFacts. Website: https://www. census.gov/quickfacts/fact/table/cypresscitycalifornia/PST045224 (accessed October 2025).
United States Environmental Protection Agency (USEPA). 2025. Outdoor Air Quality Data, Monitor Values Report. Website: https://www.epa.gov/outdoor-air-quality-data/monitor-valuesreport (accessed October 2025).
SECTION 4.4: BIOLOGICAL RESOURCES
California Department of Fish and Wildlife (CDFW). 2024a. State of California, Department of Fish and Wildlife Biogeographic Data Branch. California Natural Diversity Database (CNDDB).
RareFind 5 (Version 5.3.0) website: https://www.wildlife.ca.gov/Data/CNDDB/Maps-andData (accessed March 2026). _____. 2024b. BIOS Habitat Connectivity Viewer (v6.24.1002). Website https://apps.wildlife.ca.gov/ bios6/?bookmark=648 (accessed March 2026).
City of Cypress. 1996. Cypress Inventory of Landmark Trees. July.
Jones & Stokes Associates, Inc. 1993. Methods Used to Survey the Vegetation of Orange County Parks and Open Space Areas and The Irvine Company Property. February 10. (JSA 92-032.) Sacramento. Prepared for the County of Orange, Environmental Management Agency, Environmental Planning Division, Santa Ana, California.
LSA Associates, Inc (LSA). 2026. Biological Resources Assessment, Specific Plan 3.0 Buildout Project, Cypress, Orange County, California. February.
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8 P:\A-E\CCP2201.05 LARC EIR\PRODUCTS\3_Public Draft EIR 2\8.0 References.docx «03/12/26» -4 United States Fish and Wildlife Service (USFWS). 2024a. Environmental Conservation Online System (ECOS). Information for Planning and Conservation (IPaC) Trust Resources Report. July 2019.
Website: http://ecos. fws.gov/ecp/ (accessed March 2026). _____. 2024b. USFWS Critical Habitat Mapper. December 9. Website: http://ecos.fws.gov/crithab/ (accessed March 2026).
_____. n.d. Monarch. Website: https://www.fws.gov/ species/ monarch-danaus-plexippus( accessed January 20, 2025).
SECTION 4.5: CULTURAL RESOURCES
California Office of Historic Preservation (OHP). 1999. California Register and National Register: A Comparison (for purposes of determining eligibility for the California Register), OHP Technical Assistance Series #6. Pg. 2.
Carpenter, Virginia. 2003. Ranchos of Orange County: Chronologies of Early California. Produced in cooperation with Jane Mueller. California: The Paragon Agency Publishers.
Chamberlain, Richard. 2000. Los Alamitos Race Course 50 Years of Racing 1951-2000. Brochure provided by Facilities Manager, Frank Sherran, June 2022.
City of Cypress. 2001. Cypress General Plan Conservation/Open Space/Recreation Element.
September 10, 2001. Website: https://www.cypressca.org/home/showpublisheddocument /686/63612 3123792970000 (accessed March 2026).
_____. 2020. Cypress City Center Project Environmental Report, Draft, SCH #2019110458. Section
4.16-4. Website: https://files.ceqanet.opr.ca.gov/257330-3/attachment/pPtqudn4y D91Uls UP_CKNqJ72MJ0kYlHFzJsGzBHYFnlgWkhiTD33EKMOE--4IQOdoGX3ne3ABNyI6Km0 (accessed March 2026).
Epting, Charles. 2014. The New Deal in Orange County California. South Carolina: The History Press.
Geotechnologies, Inc. 2024. Environmental Impact Report Soils and Geology Issues, Proposed MixedUse Development, 4961 Katella Avenue and 5100 Cerritos Avenue, Cypress, California. May 2, 2024.
Historicaerials.com. var. Historic aerial photographs of the Los Alamitos Race Course Property.
Website: https://www.historicaerials.com/viewer (accessed March 2026).
Long Beach Press-Telegram. 1947. Cycle Club Bills Races on New Vessels Track. Page 16.
Los Angeles Times. 1991. Los Alamitos: Track Celebrates 40th Anniversary. Website: https://www. latimes.com/archives/la-xpm-1991-12-04-sp-244-story.html (accessed March 2026).
LSA Associates, Inc (LSA). 2023. Historic Resources Assessment, Cypress Housing Element Implementation, Cypress, Orange County, California. November.
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National Park Service (NPS). The Native American Graves Protection and Repatriation Act (NAGPRA).
Website: https://www.nps.gov/archeology/tools/laws/nagpra.htm (accessed March 2026).
Wheeler, Eileen, and Dr. Warren Beck. City of Cypress History. News-Enterprise Archives. Website:
http://www.cypressca.org/home/showdocument?id=6 (accessed March 2026).
Whiting, David. 2015. Cypress Evolves from Cow Town to Community Town. The Orange County Register. Website: https://www.ocregister.com/2015/08/04/whiting-cypress-evolves-fromcow-town-to-community-town/ (accessed March 2026).
SECTION 4.6: ENERGY
California Energy Commission (CEC). 2018. California Energy Demand, 2018–2030 Revised Forecast.
Publication Number: CEC-200-2018-002-CMF. February. Website: https://efiling.energy.ca. gov/getdocument.aspx?tn=223244 (accessed November 2025). _____. 2021. Supply and Demand of Natural Gas in California. Website: https://www. energy. ca.gov/data-reports/energy-almanac/californias-natural-gas-market/supply-and-demandnatural-gas-california (accessed October 2025). _____. 2023. 2023 Total System Electric Generation. Website: https://www.energy.ca.gov/datareports/energy-almanac/california-electricity-data/2023-total-system-electric-generation (accessed October 2025).
_____. 2024. 2024 Integrated Energy Policy Report Update. Docket Number 24-IEPR-01. _____. 2025a. California Electricity Consumption Dashboard. Website: https://www.energy. ca.gov/ data-reports/energy-almanac/california-electricity-data/california-energy-consumptiondashboards-0 (accessed October 2025). _____. 2025b. Natural Gas Consumption Dashboard. Website: https://www.energy.ca.gov/datareports/energy-almanac/california-electricity-data/california-energy-consumptiondashboards-1 (accessed October 2025). _____. n.d. Diesel Fuel Data, Facts, and Statistics. Website: https://www.energy.ca.gov/datareports/energy-almanac/transportation-energy/diesel-fuel-data-facts-and-statistics (accessed January 2026).
California Public Utilities Commission (CPUC). 2019. Renewables Portfolio Standard Program.
Website: cpuc.ca.gov/rps (accessed September 2025).
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8 P:\A-E\CCP2201.05 LARC EIR\PRODUCTS\3_Public Draft EIR 2\8.0 References.docx «03/12/26» -6 Southern California Association of Governments (SCAG). 2024. Connect SoCal 2024: The 2024–2050 Regional Transportation Plan/Sustainable Communities Strategy of the Southern California Association of Governments. Website: https://scag.ca.gov/sites/default/files/2024-05/23- 2987-connect-socal-2024-final-complete-040424.pdf (accessed October 2025).
Southern California Edison (SCE). 2024. Southern California Edison Fact Sheet. October 16. _____. n.d. About Us. Website: https://www.sce.com/about-us/who-we-are (accessed October 2025).
Southern California Gas Company (SoCalGas). 2020. About SoCalGas. Website: https://www.socal gas.com/about-us (accessed October 2025).
United States Energy Information Administration (EIA). 2022. California State Profile and Energy Estimates, Data. Website: www.eia.gov/state/seds/data.php?incfile=/state/seds/sepfuel/ html/fuel_mg.html&sid=CA (accessed September 2025).
_____. 2026. Short-Term Energy Outlook. Website: https://www.eia.gov/outlooks/steo/report/ petro_prod.php (accessed January 2026).
SECTION 4.7 GEOLOGY AND SOILS
California Department of Conservation (DOC) California Geological Survey (CGS). 1998, Revised 2006. Seismic Hazard Zone Report of the Los Alamitos Quadrangle, Plate 1.2, entitled “Historically Highest Ground Water Contours”.
_____. 2002. California Geomorphic Provinces. Note 36.
_____. 2006. Seismic Hazard Zone Report of the Los Alamitos Quadrangle, Plate 1.2. _____. 2025a. Earthquake Zones of Required Investigation. Website: https://maps.conservation. ca.gov/cgs/informationwarehouse/eqzapp/ (accessed January 21, 2025). _____. 2025b. Landslide Inventory. Website: https://maps.conservation.ca.gov/cgs/lsi/app/ (accessed January 21, 2025).
California Department of Water Resources (DWR). 2013. California’s Groundwater Update 2013.
Natural Resources Agency. Website: https://cawaterlibrary.net/wp-content/uploads/2017/ 05/GWU2013_Ch6_SouthCoast_ Final.pdf (accessed January 22, 2025).
City of Cypress. 2001. Cypress General Plan Environmental Impact Report. Geologic and Seismic Hazards, pp. 4.6-13. Website: https://www.cypressca.org/home/showpublished document/ 678/636123124960830 000 (accessed January 21, 2025).
_____. 2001. Cypress General Plan Safety Element. Website: https://www.cypressca.org/home/ showdocument?id=714 (accessed January 20, 2025).
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P:\A-E\CCP2201.05 LARC EIR\PRODUCTS\3_Public Draft EIR 2\8.0 References.docx «03/12/26» 8-7 Geotechnologies, Inc. 2024. Environmental Impact Report Soils and Geology Issues, Proposed MixedUse Development, 4961 Katella Avenue and 5100 Cerritos Avenue, Cypress, California. May 2, 2024.
Norris, R.M., and R.W. Webb. 1976. Geology of California, Wiley.
Sharp, R.V. 1976. Surface faulting in Imperial Valley during the earthquake swarm of January– February 1975. Bulletin of the Seismological Society of America, 66(4), 1145–1154.
Society of Vertebrate Paleontology (SVP). 2010. Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources. Bethesda, MD.
Yerkes, R.F., T.H. McCulloh, J.E. Schoellhamer, and J.G. Vedder. 1965. Geology of the Los Angeles, Basin, California - An Introduction, U.S. Geological Survey Professional Paper 420-A.
SECTION 4.8: GREENHOUSE GAS EMISSIONS
California Air Resources Board (CARB). 2017a. California’s 2017 Climate Change Scoping Plan.
November.
_____. 2017b. Second Update to the Climate Change Scoping Plan: Building on the Framework.
Website: www.arb.ca.gov/our-work/programs/ab-32-climate-change-scoping-plan/2017- scoping-plan-documents (accessed October 2025).
_____. 2017c. Short-Lived Climate Pollutant Reduction Strategy. March. Website: https://ww2 .arb.ca.gov/sites/default/files/2020-07/final_SLCP_strategy.pdf (accessed October 2025). _____. 2022a. 2022 Scoping Plan. November 16. Website: https://ww2.arb.ca.gov/sites/default/ files/2022-12/2022-sp.pdf (accessed October 2025).
_____. 2022b. 2022 Scoping Plan Appendix D Local Actions. November. Website: https://ww2.arb. ca.gov/sites/default/files/2022-11/2022-sp-appendix-d-local-actions.pdf (accessed November 2025).
_____. 2024. Assembly Bill 32 Greenhouse Gas Emissions Inventory for 2000-2022 – by Gas. _____. 2024. California Greenhouse Gas Emissions for 2000 to 2022, Trends of Emissions and Other Indicators Report. Website: https://ww2.arb.ca.gov/sites/default/files/2024-09/nc-2000_ 2022_ghg_inventory_trends.pdf (accessed October 2025).
South Coast Air Quality Management District (SCAQMD). 2008. Interim CEQA GHG Significance Threshold for Stationary Sources, Rules and Plans. Website: https://www.aqmd.gov/docs/ default-source/ceqa/handbook/greenhouse-gases-(ghg)-ceqa-significance-thresholds/ghg boardsynopsis.pdf (accessed October 2025).
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8 P:\A-E\CCP2201.05 LARC EIR\PRODUCTS\3_Public Draft EIR 2\8.0 References.docx «03/12/26» -8 Southern California Association of Governments (SCAG). 2021. SCAG 6th Cycle Final RHNA Allocation Plan. Website: https://scag.ca.gov/sites/main/files/file-attachments/6th_cycle_final_rhna_ allocation_plan_ 070121.pdf?1646938785 (accessed January 28, 2025). _____. 2024a. 2024–2050 RTP/SCS Draft Connect SoCal 2024 Growth Projections. _____. 2024b. Connect SoCal 2024: The 2024–2050 Regional Transportation Plan/Sustainable Communities Strategy of the Southern California Association of Governments. Website:
https://scag.ca.gov/sites/default/files/2024-05/23-2987-connect-socal-2024-final-complete040424.pdf (accessed October 2025).
Southern California Edison (SCE). 2022. 2019 Reach Code Cost-Effectiveness Analysis. Full Service and Quick-Service Restaurants. February.
United Nations Framework Convention on Climate Change (UNFCCC). 2023. GHG Data from UNFCCC. Website: unfccc.int/process-and-meetings/transparency-and-reporting/green house-gas-data/ghg-data-unfccc/ghg-data-from-unfccc (accessed October 2025).
United States Census Bureau. 2024. Cypress City, California QuickFacts. Website: https://www. census. gov/quickfacts/fact/table/cypresscitycalifornia/PST045224 (accessed October 2025).
United States Court of Appeals for the Ninth Circuit. Filed April 17, 2023. California Restaurant Association v. City of Berkeley, (9th Cir. 2023) 65 F. 4th 1045, amended and superseded by (9th Cir. 2024) 89 F.4th 1094.
United States Environmental Protection Agency (USEPA). 2015. Black Carbon, Basic Information.
February 14, 2017. Website: 19january2017snapshot.epa.gov/www3/airquality/black carbon/basic.html (accessed October 2025).
_____. 2024. Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2022. Website:
https://www.epa.gov/ghgemissions/inventory-us-greenhouse-gas-emissions-and-sinks1990-2022 (accessed October 2025).
SECTION 4.9 HAZARDS AND HAZARDOUS MATERIALS
California Department of Forestry and Fire Protection (CAL FIRE). 2011. Very High Fire Hazard Severity Zones in LRA. Website: https://osfm.fire.ca.gov/media/6739/fhszl_map30.pdf (accessed May 5, 2025).
City of Cypress. 2001. Cypress General Plan Environmental Impact Report. Geology and Seismic Hazards. Page 4.6-7.
_____. 2001. Cypress General Plan Safety Element. Website: https://www.cypressca. org/home/ showpublisheddocument/11369/638061 699910600000 (accessed August 2025).
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P:\A-E\CCP2201.05 LARC EIR\PRODUCTS\3_Public Draft EIR 2\8.0 References.docx «03/12/26» 8-9 _____. 2001. Cypress General Plan Safety Element. Emergency Evacuation Routes Map (Exhibit SAF-5). Website: https://www.cypressca.org/home/showpublisheddocument/11369/63806 1699910600000 (accessed August 2025).
_____. Cypress Municipal Code. Article 1 Building Code. Website: https://ecode360.com/43161 122?highlight=wildfire&searchId=27276884112912523#43161122 (accessed May 6, 2025). _____. Cypress Municipal Code. Chapter 5. Website: https://ecode360.com/43161112 (accessed August 2025).
Orange County Airport Land Use Commission (ALUC). 2017. Airport Environs Land Use Plan (AELUP) for Joint Forces Training Base (JFTB) Los Alamitos. Amended August 17, 2017.
Orange County Fire Authority (OCFA). 2007. Hazardous Material Management Plan. Hazardous Materials Identification. December 6, 2007.
Partner Engineering and Science, Inc. 2025. Phase I Environmental Site Assessment Report Update, Los Alamitos Race Course Redevelopment, 4961 Katella Avenue, Cypress, California 90720.
July 17.
SECTION 4.10 HYDROLOGY AND WATER QUALITY
California Department of Conservation (DOC). 2022. Solano County Tsunami Hazard Areas. Website:
https://www.conservation.ca.gov/cgs/tsunami/maps/solano (accessed March 2026).
California Department of Water Resources (DWR). 2004. California’s Groundwater Bulletin 118.
Coastal Plains of Orange County Groundwater Basin. February 27. _____. n.d.-a. Basin Boundaries Data Viewer. Website: https://www.arcgis.com/home/webmap/ viewer.html?url=https://gis.water.ca.gov/arcgis/rest/services/Geoscientific/i08_B118_CA_G roundwaterBasins/FeatureServer (accessed March 2026).
_____. n.d.-b. Flood Risk Map Web Viewer. Website: https://gis.lfpz.water.ca.gov/lfpz/ (accessed March 2026).
_____. n.d.-c. SGMA Basin Prioritization Dashboard. Website: https://gis.water.ca.gov/app/bpdashboard/final/ (accessed March 2026).
County of Orange. 2003. Drainage Area Management Plan (DAMP). Website: https://ocerws.o cpublicworks.com/service-areas/oc-environmental-resources/oc-watersheds/documents/ drainage-area-management-plan-7 (accessed March 2026).
_____. 2011. Model Water Quality Management Plan (Model WQMP), Exhibit 7.II. May 19. _____. 2012. Construction Runoff Guidance Manual for Contractors, Project Owners, and Developers.
December.
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City of Anaheim. 2022. Be Ready Anaheim – Know the Hazards. May 18. Website: https://gis. anaheim.net/portal/apps/experiencebuilder/experience/?id=18a98741d67f49ccb40218131 82688be&page=Be-Ready-Anaheim&views=Dam-Inundation (accessed March 2026). _____. 2022. Local Hazard Mitigation Plan. May 18.
City of Cypress. 2007. Master Plan of Drainage. May.
Geotechnologies, Inc. 2024. Environmental Impact Report Soils and Geology Issues, Proposed MixedUse Development, 4961 Katella Avenue and 5100 Cerritos Avenue, Cypress, California. May 2, 2024.
John L. Hunter and Associates, Inc. 2014. Lower San Gabriel River Watershed Management Program.
Website: https://www.waterboards.ca.gov/losangeles/water_issues/programs/stormwater/ municipal/watershed_management/san_gabriel/lower_sangabriel/LowerSGR_WMP1.pdf (accessed March 2026).
Los Angeles Regional Water Quality Control Board (RWQCB). 2018. Water Quality and Watersheds:
San Gabriel River Watershed. Website: https://www.waterboards.ca.gov/rwqcb4/water_ issues/programs/regional_program/Water_Quality_and_Watersheds/san_gabriel_river_ watershed/summary.shtml (accessed March 2026).
Orange County Water District (OCWD), City of La Habra, and Irvine Ranch Water District. 2027. Basin 8-1 Alternative. January 1.
Santa Ana Regional Water Quality Control Board (RWQCB). 1995a. Water Quality Control Plan (Basin Plan) for the Santa Ana River Basin. January 24. Updated June 2019 to include approved amendments.
_____. 1995b. Water Quality Control Plan (Basin Plan) for the Santa Ana River Basin, Chapter 1:
Introduction, Figure 1-1: Santa Ana Region. January 24. Updated June 2019 to include approved amendments.
_____. 1995c. Water Quality Control Plan (Basin Plan) for the Santa Ana River Basin, Chapter 3:
Beneficial Uses. January 24. Updated June 2019 to include approved amendments. _____. 1995d. Water Quality Control Plan (Basin Plan) for the Santa Ana River Basin, Chapter 4:
Water Quality Objectives. January 24. Updated June 2019 to include approved amendments. _____. 2020. The General Waste Discharge Requirements for Discharges to Surface Waters that Pose an Insignificant (De Minimis) Threat to Water Quality, Order No. R8-2020-0006, NPDES No. CAG998001. June 19.
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P:\A-E\CCP2201.05 LARC EIR\PRODUCTS\3_Public Draft EIR 2\8.0 References.docx «03/12/26» 8-11 _____. Waste Discharge Requirements for the County of Orange, Orange County Flood Control District and the Incorporated Cities of Orange County within the Santa Ana Region Areawide Urban Storm Water Runoff Orange County, Order R8-2009-0030, NPDES No. CAS618030, as amended by Order No. R8-2010-0062.
Santa Ana River Flood Protection Agency (SARFPA). 2023. SARFPA Executive Committee Meeting Minutes. September 28.
State Water Resources Control Board (SWRCB). 2017. California’s Areas of Special Biological Significance. Website: https://www.Waterboards.ca.gov/water_issues/programs/ocean/ asbs_map.shtml (accessed March 2026).
_____. 2022. National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (General Permit), Order WQ 2022-0057-DWQ, NPDES No. CAS000002. Adopted September 8. _____. 2024. 2024 California Integrated Report. Website: https://www.waterboards.ca.gov/water_ issues/programs/water_quality_assessment/2024-integrated-report.html (accessed April 2025).
Stetson Engineers, Inc. 2025. Water Supply Assessment, Specific Plan 2.0 Buildout Project. March 17.
TAIT & Associates, Inc. 2025a. Master Plan of Drainage for Specific Plan 3.0 Buildout Project, 4961 Katella Avenue, Cypress, CA. September 16.
_____. 2025b. Preliminary Water Quality Management Plan, Specific Plan 2.0 Buildout Project.
October 29.
SECTION 4.11: LAND USE AND PLANNING
City of Cypress. 2001. Cypress General Plan.
_____. 2001. Introduction to the General Plan. Website: https://www.cypressca.org/ home/show publisheddocument/662/636123113549170000 (accessed January 22, 2025).
Southern California Association of Governments (SCAG). 2024. 2024–2050 RTP/SCS Connect SoCal.
Website: https://www.scag.ca.gov/sites/default/files/2024-05/23-2987-connect-socal-2024- final-compl ete-040424.pdf (accessed May 6, 2025).
SECTION 4.12: MINERAL RESOURCES
California Department of Conservation (DOC). 1994. Generalized Mineral Land Classification of Orange County, California. Division of Mines and Geology. _____. 2000. SMARA Mineral Land Classification. Division of Mines and Geology. January. Website:
https://www.conservation.ca.gov/smgb/Guidelines/Documents/ClassDesig.pdf (accessed January 23, 2025).
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City of Cypress. 2001. Cypress General Plan Conservation, Open Space/Recreation Element.
Website: https://www.cypressca.org/home/showpublisheddocument/686/6361231237929 70000 (accessed March 2026).
County of Orange. 2013. County of Orange General Plan Resources Element. Website: https://ocds. ocpublicworks.com/sites/ocpwocds/files/import/data/files/40235.pdf (accessed January 23, 2025).
Geotechnologies, Inc. 2024. Environmental Impact Report Soils and Geology Issues, Proposed MixedUse Development, 4961 Katella Avenue and 5100 Cerritos Avenue, Cypress, California. May 2, 2024.
SECTION 4.13: NOISE
California Department of Transportation (Caltrans). 2013. Technical Noise Supplement (TeNS) Sacramento, CA.
City of Cypress. 2001. Cypress General Plan Noise Element. Website: https://www.cypressca. org/ home/showpublisheddocument/718/636123119313270000 (accessed March 2026).
Federal Highway Administration (FHWA). 2006. Highway Construction Noise Handbook.
Federal Transit Administration (FTA). 2018. Transit Noise and Vibration Impact Assessment Manual, Report No. FTA-0123. Washington, DC: U.S. Department of Transportation.
Kimley-Horn and Associates, Inc. 2025. Cypress Specific Plan 3.0 Buildout Project. July.
Los Alamitos Race Course. 2025. Simulcast Racing Information, Los Alamitos, CA. Website:
https://losalamitos.com (accessed December 15, 2025).
United States Environmental Protection Agency (USEPA). 1974. Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety. Washington, DC: U.S. Environmental Protection Agency, Office of Noise Abatement and Control.
World Health Organization (WHO). 2018. Environmental Noise Guidelines for the European Region.
Copenhagen: WHO Regional Office for Europe.
SECTION 4.14: POPULATION AND HOUSING
California Employment Development Department (EDD). 2024. Monthly Labor Force Data for Cities and Census Designated Places, Orange County, April. Website: https://view.officeapps. live.com/op/view.aspx?src=https%3A%2F%2Flabormarketinfo.edd.ca.gov%2Ffile%2Flf month%2Foransub.xls&wdOrigin=BROWSELINK (aaccessed January 28, 2025).
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P:\A-E\CCP2201.05 LARC EIR\PRODUCTS\3_Public Draft EIR 2\8.0 References.docx «03/12/26» 8-13 City of Cypress. 2022. Cypress General Plan 2021–2029 Housing Element Update. Website:
https://www.cypressca.org/home/showpublisheddocument/12491/638507649724670000 (accessed May 6, 2025).
Southern California Association of Governments (SCAG). 2001. The New Economy and Jobs/Housing Balance in Southern California. Website: https://scag.ca.gov/sites/default/files/old/fileattachments/new economyjobshousingbalance.pdf (accessed May 6, 2025). _____. 2021. SCAG 6th Cycle Final RHNA Allocation Plan. Website: https://scag.ca.gov/ sites/main/ files/file-attachments/6th_cycle_final_rhna_allocation_plan_070121.pdf?1646938785 (accessed January 28, 2025).
_____. 2024a. 2024–2050 RTP/SCS Draft Connect SoCal 2024 Growth Projections. Website:
https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fscag.ca.gov%2Fsites% 2Fmain%2Ffiles%2Ffile-attachments%2F03_scag_drtp24_citytier2taz_092523.xlsx%3F 1695685277&wdOrigin=BROWSELINK (accessed May 6, 2025).
_____. 2024b. 2024–2050 RTP/SCS Demographics & Growth Forecast Technical Report. Website:
https://scag.ca.gov/sites/main/files/file-attachments/23-2987-tr-demographics-growthforecast-final-040424.pdf?1712261839 (accessed January 23 and May 6, 2025).
United States Census Bureau. 2022. American Community Survey 2022 5-Year Estimates, Table S0101 Website: https://data.census.gov/table/ACSST5Y2022.S0101?q=cypress,%20 california%20%20and%20orange%20county,%20california%20population%20by%20age% 20group&g=160XX00US0617750 (accessed February 6, 2025). _____. 2024. Cypress City, California QuickFacts. Website: https://www.census.gov/quickfacts/fact/ table/cypresscitycalifornia/PST045224 (accessed January 28, 2025).
Weitz, Jerry. 2003. Planning Advisory Service Report No. 516: Jobs-Housing Balance. American Planning Association.
SECTION 4.15: PUBLIC SERVICES
Anaheim Union High School District (AUHSD). 2022. Facilities Master Plan Update, 3.2 Planning Considerations; Enrollment Projections and Demographics. February 16. Website:
https://www.auhsd.us/ District/Department/14195-FACILITIES/88521-New-2022-FacilitiesMaster-Plan.html (accessed May 8, 2025).
California Department of Education. 2023. DataQuest, Enrollment Multi-Year Summary by Grade, Los Alamitos Unified Report (30-73924). Website: https://dq.cde.ca.gov/dataquest/ dqcensus/EnrGrdYears.aspx?cds=3073924&agglevel=district&year=2022-23&ro=y (accessed March 2026).
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8 P:\A-E\CCP2201.05 LARC EIR\PRODUCTS\3_Public Draft EIR 2\8.0 References.docx «03/12/26» -14 City of Cypress. 2001. Cypress General Plan.
_____. 2017. Cypress Police Department Overview. Website: https://www.cypressca.org/depart ments/police/the-community-we-serve (accessed April 30, 2025). _____. 2022. Cypress General Plan 2021–2029 Housing Element Update. Website: https://www. cypressca.org/departments/community-development/information-on-notable-projects/ housing-element-update (accessed May 9, 2025).
_____. 2023a. Recreation and Community Services, Lexington Park. Website: https://www.cypress ca.org/activities/lexington-park-rental (accessed January 30, 2025). _____. 2023b. Recreation and Community Services, MacKay Park. Website: https://www. cypressca. org/Home/Components/FacilityDirectory/FacilityDirectory/66/240 (accessed January 30, 2025).
_____. 2024. Recreation and Community Services, Facility and Park Locations. Website: https:// www.cypressca.org/activities/facility-park-locations (accessed January 30, 2025). _____. Cypress Municipal Code. Article VI Park and Recreation Facilities. Website: https://ecode 360.com/43174531?highlight=park,recreational&searchId=27310103989275 668#43174532 (accessed May 6, 2025).
Cooperative Strategies. 2020. Residential and Commercial/Industrial Development School Fee Justification Study, Cypress School District. April 30. _____. 2024. Residential and Commercial/Industrial Development School Fee Justification Study, Cypress School District. March 28.
Education Data Partnership. 2024a. Anaheim Union High. 2023-2024 Enrollment. Website:
https://www.ed-data.org/district/Orange/Anaheim-Union-High/ps_MTIwODg0 (accessed May 8, 2025).
_____. 2024b. Cypress Elementary. 2023-2024 Enrollment. Website: https://www.ed-data.org/ district/Orange/Cypress-Elementary (accessed May 7, 2025). _____. 2024c. Los Alamitos Unified. 2023-2024 Enrollment. Website: https://www.ed-data. org/district/Orange/Los-Alamitos-Unified (accessed May 12, 2025).
Orange County Fire Authority (OCFA). 2019. Operations. Website: https://ocfa.org/AboutUs/ Departments/Operations.aspx (accessed January 22, 2025). _____. 2020. Operations. Website: https://www.ocfa.org/AboutUs/Departments/Operations.aspx (accessed May 7, 2025).
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P:\A-E\CCP2201.05 LARC EIR\PRODUCTS\3_Public Draft EIR 2\8.0 References.docx «03/12/26» 8-15 _____. 2023. OCFA 2023 Statistical Annual Report. Website: https://ocfa.org/Uploads/ Transparency/OCFA%20Annual%20Report%202023.pdf (accessed January 30 and May 9, 2025).
_____. 2025. Fiscal Year 2025-2026 Adopted Budget. Website: https://storageocfapro d001.blob. core.windows.net/blobocfaprod01/2025/08/OCFA-2025-2026-Adopted-Budget.pdf (accessed February 13, 2026).
_____. n.d.-a. Find Closest Fire Stations in Orange County. Website: https://ocfa.org/AboutUs/ Station Locator/stationlocator-map.html (accessed May 5, 2025). _____. n.d.-b. Fire Station 2. Website: https://ocfa.org/AboutUs/Departments/Operations Directory/Division1.aspx (accessed May 12, 2025).
_____. n.d.-c. Fire Station 84. Website: https://ocfa.org/AboutUs/Departments/Operations Directory/Division1.aspx (accessed May 12, 2025).
_____. n.d.-d. Member Cities, OCFA Coverage. Website: https://www. ocfa.org/about-us/membercities/ (accessed August 2025).
Orange County Public Libraries (OCPL). 2023a. About OCPL. Website: https://www.ocpl.org/services/ about-ocpl (accessed February 6, 2025).
_____. 2023b. OC Public Libraries Annual Report 2023.
_____. 2025. Cypress Library, Resources and Services. Website: https://www.ocpl.org/libraries/ cypress (accessed May 7, 2025).
Southern California Association of Governments (SCAG). 2024. Connect Socal 2024. Demographics and Growth Forecast Technical Report. Adopted April 4, 2024. Website: https://sustain.scag. ca.gov/sites/default/files/2024-05/23-2987-tr-demographics-growth-forecast-final040424.pdf (accessed May 13, 2025). _____. 2024. Regional Growth Forecasting. Website: https://scag.ca.gov/growth-forecasting (accessed May 8, 2025).
State of California. 2007. Office of Public School Construction, School Facility Program Handbook.
State Allocation Board. April.
_____. 2019. Office of Public School Construction. Student Enrollment.
United States Census Bureau. 2023. Cypress City, California QuickFacts. Website: https://www. census.gov/quickfacts/fact/table/cypresscitycalifornia,US/PST045223 (accessed January 2025).
_____. 2024. Cypress City, California QuickFacts. Website: https://www.census.gov/quickfacts/fact/ table/cypresscitycalifornia/PST045224 (accessed January 28, 2025).
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8 P:\A-E\CCP2201.05 LARC EIR\PRODUCTS\3_Public Draft EIR 2\8.0 References.docx «03/12/26» -16 SECTION 4.16: RECREATION
City of Cypress. 2001. Cypress General Plan Conservation/Open Space/Recreation Element. _____. 2015. Barton Place Final Environmental Impact Report. October. _____. 2020. Facility and Park Locations. Website: https://www.cypressca.org/activities/facilitypark-locations (accessed March 2026). _____. 2024. City of Cypress Municipal Code. Article VI Park and Recreation Facilities. Website:
https://ecode360.com/43174531?highlight=park,recreational&searchId=27310 103989275668#43174532 (accessed May 6, 2025).
United States Census Bureau. 2024. Cypress City, California QuickFacts. Website: https://www. census.gov/quickfacts/fact/table/cypresscitycalifornia/PST045224 (accessed January 28, 2025).
SECTION 4.17: TRANSPORTATION
City of Cypress. 2001. Cypress General Plan.
_____. 2001. Cypress General Plan Circulation Element.
County of Orange. 2020. Guidelines For Evaluating Vehicle Miles Traveled Under CEQA for Orange County. September 17.
Governor’s Office of Land Use and Climate Innovation (LCI) (previously the Governor’s Office of Planning and Research [OPR]). 2018. Technical Advisory on Evaluating Transportation Impact In CEQA. April.
Kimley-Horn and Associates, Inc. 2025a. Traffic Study for Cypress Specific Plan 3.0 Buildout Project, Table 3. July.
_____. 2025b. Vehicle Miles Traveled (VMT) Analysis for Specific Plan 3.0 Buildout Project. May.
Orange County Transportation Authority (OCTA). 2025a. 2024 Orange County Transit Vision Master Plan. May.
_____. 2025b. OCTA Approves $1.74 Billion Balanced Budget for FY 2025-26. June 6. Website:
https://www.octa.net/news/news-releases/octa-approves-174-billion-balanced-budget-forfy-2025-26 (accessed October 2025). _____. 2025c. OCTA Seeks Public Input to Help Shape Orange County’s Transportation Future.
October 3. Website: https://www.octa.net/news/ news-releases/octa-seeks-public-input (accessed October 2025).
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P:\A-E\CCP2201.05 LARC EIR\PRODUCTS\3_Public Draft EIR 2\8.0 References.docx «03/12/26» 8-17 United States Census Bureau. 2022. American Community Survey 2018-2022 5-Year Estimates: Table B08301, “Means of Transportation to Work”. National Archive: https://www.census.gov/ programs-surveys/acs/technical-documentation/table-and-geography-changes/2022/5- year.html (accessed March 2026).
SECTION 4.18 TRIBAL CULTURAL RESOURCES
City of Cypress. 2001. Cypress General Plan Conservation/Open Space/Recreation Element.
September 10, 2001.
_____. 2020. Cypress City Center Draft Project Environmental Report, SCH #2019110458. Section
4.16-4. Website: https://files.ceqanet.opr.ca.gov/257330-3/attachment/pPtqudn4yD91Uls UP_CKNqJ72MJ0kYlHFzJsGzBHYFnlgWkhiTD33EKMOE--4IQOdoGX3ne3ABNyI6Km0 (accessed December 2025).
Geotechnologies, Inc. 2024. Environmental Impact Report Soils and Geology Issues, Proposed MixedUse Development, 4961 Katella Avenue and 5100 Cerritos Avenue, Cypress, California. May 2, 2024.
SECTION 4.19: UTILITIES AND SERVICE SYSTEMS
California Department of Resources, Recycling, and Recovery (CalRecycle). n.d.-a. SWIS Facility Detail, Frank R. Bowerman Sanitary LF (30-AB-0360). Website: https://www2.calrecycle. ca.gov/SolidWaste/SiteActivity/Details/2767?siteID=2103 (accessed May 23, 2025). _____. n.d.-b. SWIS Facility Detail, Olinda Alpha Landfill (30-AB-0035). Website: https://www2. calrecycle.ca.gov/SolidWaste/ SiteActivity/Details/2757?siteID=2093 (accessed May 23, 2025).
_____. n.d.-c. SWIS Facility Detail, Prima Deshecha Landfill (30-AB-0019). Website: https://www2. calrecycle.ca.gov/Solid Waste/SiteActivity/2750?siteID=2085 (accessed May 23, 2025).
California Energy Commission (CEC). 2024. 2023 Total System Electric Generation. Website:
https://www.energy.ca.gov/data-reports/energy-almanac/california-electricity-data/2023- total-system-electric-generation#:~:text=In%202023%2C%20total%20generation%20for, percent%20in%202022.%20California%27s%20wide (accessed May 23, 2025). _____. n.d.-a. Electricity Consumption by County. Website: http://www.ecdmsenergy.ca.gov/elecby county.aspx (accessed November 11, 2025).
_____. n.d.-b. Electricity Consumption by Entity. Website: http://www.ecdms.energy.ca.gov/elecby util.aspx (accessed November 11, 2025).
_____. n.d.-c. Gas Consumption by County. Website: http://www.ecdms.energy.ca.gov/gasby county.aspx (accessed November 11, 2025).
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8 P:\A-E\CCP2201.05 LARC EIR\PRODUCTS\3_Public Draft EIR 2\8.0 References.docx «03/12/26» -18 _____. n.d.-d. Gas Consumption by Entity. Website: https://ecdms.energy.ca.gov/gasbyutil.aspx (accessed November 11, 2025).
_____. n.d.-e. Supply and Demand of Natural Gas in California. Website: https://www.energy. ca.gov/data-reports/energy-almanac/californias-natural-gas-market/supply-and-demandnatural-gas-california (accessed May 23, 2025).
City of Cypress. 2021. C&D Recycling Requirement. Website: C&D Recycling Requirement, City of Cypress (cypressca.org) (accessed June 3, 2025).
Golden State Water Company (GSWC). 2020. 2020 Urban Water Management Plan, West Orange. _____. 2025. Water Supply Assessment, Specific Plan 3.0 Buildout Project, Cypress, California.
March.
_____. n.d. Los Alamitos West Orange County. Website: https://www.gswater.com/los-alamitos (accessed March 2026).
Orange County Sanitation District (OC San). 2019. Budget Update Fiscal Year 2019-2020. Website:
https://www.ocsd.com/Home/ShowDocument?id=28411 (accessed March 2026). _____. 2020. Draft 2020 Program Environmental Impact Report for the 2017 Facilities Master Plan, SCH# 2019070998. September 2020.
_____. 2024a. 2023–2024 Annual Report Resource Protection Division Pretreatment Program.
Website: https://stage.ocsan.gov/wp-content/uploads/2024/10/OC_San_Pretreatment_ Annual_Report_FY_2023_2024_Final.pdf (accessed June 3, 2025). _____. 2024b. Adopted Budget Fiscal Years 2024-2025 and 2025-2026. Website: https://ocsan.gov/ financial-reporting/adopted-budget-fy-2024-25-and-2025-26/ (accessed June 3, 2025). _____. n.d.-a. About Us, General Information, Service Area. Website: https://www.ocsan.gov/ service-area/ (accessed May 23, 2025).
_____. n.d.-b. Facts and Key Statistics Webpage. Website: https://www.ocsd.com/services/region al-sewer-service (accessed March 2026).
Orange County Waste & Recycling. n.d. Landfill Information. Website: http://www.oclandfills.com/ landfill (accessed May 23, 2025).
Southern California Edison (SCE). n.d. About Us. Website: https://www.sce.com/about-us/who-weare (accessed May 23, 2025).
Southern California Gas Company (SoCalGas). n.d. Company Profile: About SoCalGas. Website:
https://www.socalgas.com/about-us/company-profile (accessed May 23, 2025).
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P:\A-E\CCP2201.05 LARC EIR\PRODUCTS\3_Public Draft EIR 2\8.0 References.docx «03/12/26» 8-19 TAIT & Associates, Inc. 2025a. Master Plan of Drainage for Specific Plan 3.0 Buildout Project, 4961 Katella Avenue, Cypress, CA. September 16.
_____. 2025b. Sewer Capacity Study for Specific Plan 2.0 Buildout Project, 4961 Katella Avenue Cypress, CA 90720. September.
United States Energy Information Administration (EIA). 2019. Today in Energy Webpage. Website:
https://www.eia.gov/todayinenergy/detail.php?id=36416 (accessed May 23, 2025).
SECTION 4.20: WILDFIRE
California Department of Forestry and Fire Protection (CAL FIRE). 2022. Fire and Resource Assessment Program. California Fire Perimeters 2022. Website: https://www.fire.ca. gov/ what-we-do/fire-resource-assessment-program/fire-perimeters (accessed February 6, 2025).
_____. 2025a. Fire Hazard Severity Zones. March 24. Website: https://osfm.fire.ca.gov/what-wedo/community-wildfire-prepared ness-and-mitigation/fire-hazard-severity-zones (accessed August 2025).
_____. 2025b. Incidents. Website: https://www.fire.ca.gov/incidents (accessed August 2025).
California Department of Transportation (Caltrans). 2014. California Manual of Uniform Traffic Control Devices, Federal Highway Administration’s MUTCD 2009 Edition, including Revision 1, 2, & 3 as amended for use in California, 14th Editions, Revision 9.
California Department of Water Resources (DWR). 2025. Flood Risk Map Web Viewer. Website:
https://gis.lfpz.water.ca.gov/lfpz/ (accessed February 6, 2025).
City of Cypress. 2001. Cypress General Plan Safety Element. September. _____. 2001. Cypress General Plan Safety Element, Exhibit SAF-2 “Dam Inundation Areas”.
September 10.
_____. 2001. Cypress General Plan Safety Element. Emergency Evacuation Routes Map (Exhibit SAF5), October 2, 2001. _____. 2001. Cypress General Plan. September. Website: https://www.cypressca.org/home/show publisheddocument/11369/638061699910600000 (February 6, 2025). _____. 2001. Cypress General Plan Environmental Impact Report. Geology and Seismic Hazards,
County of Orange & Orange County Fire Authority. 2015. Local Hazard Mitigation Plan. Website:
https://www.smwd.com/DocumentCenter/View/2193/APPENDIX-H_OC-HMP-Final (accessed February 6 and August 2025).
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8 P:\A-E\CCP2201.05 LARC EIR\PRODUCTS\3_Public Draft EIR 2\8.0 References.docx «03/12/26» -20 Federal Emergency Management Agency (FEMA). 2009. FEMA's National Flood Hazard Layer (NFHL) Viewer. December. Website: https://hazards-fema.maps.arcgis.com/apps/webappviewer/ index.html?id=8b0adb51996444d4879338b5529aa9cd (accessed February 6, 2025).
Geotechnologies, Inc. 2024. Environmental Impact Report, Soils and Geology Issues, Proposed Mixed-Use Development, 4961 Katella Avenue and 5100 Cerritos Avenue, Cypress, California.
May 2, 2024.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CYPRESS, CALIFORNIA, APPROVING A DEVELOPMENT
AGREEMENT BY AND BETWEEN THE CITY OF CYPRESS AND
LOS ALAMITOS RACE COURSE, and CYPRESS GC, LLC, FOR
THE DEVELOPMENT OF THE LOS ALAMITOS RACE COURSE
PROPERTY AND ADOPTING FINDINGS IN SUPPORT THEREOF.
WHEREAS, Government Code §§ 65864 et seq. (the “Development Agreement Statute”) authorizes the City to enter into a binding Development Agreement (“DA” or “Development Agreement”) with any person having a legal or equitable interest in real property for the development of such property and establishing certain development rights therein, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning and identifying the economic costs of such development; and
WHEREAS, pursuant to the Development Agreement Statute, City has adopted procedures and requirements for the consideration of development agreements, which are set forth in City of Cypress Municipal Code (“Municipal Code”), Appendix I (Zoning), Section 4.21.40 (“City Development Agreement Procedures”); and this DA has been prepared, processed, considered and adopted in accordance with such procedures and the Development Agreement Statute; and WHEREAS, LOS ALAMITOS RACE COURSE, a California general partnership, and CYPRESS GC, LLC, a California limited liability (collectively, "Property Owner”) (including its Transferee(s) as that term is defined in the DA) proposes to subdivide approximately 151 acres of the Los Alamitos Race Course property, of which 130 acres is subject to this DA, to facilitate the reasonable buildout of the Cypress Town Center and Commons 3.0 Specific Plan including up to 1,791 residential units and up to 440,000 square feet of commercial space (collectively, the “Project”); and WHEREAS, City and Property Owner propose to enter into the DA that is attached hereto as Exhibit A; and
WHEREAS, as set forth in more detail in the DA, City has determined that redevelopment of the Site with the Project will facilitate achievement of numerous goals and policies and is consistent with the actions, goals, objectives and policies of the City’s General Plan, the Cypress Town Center and Commons 3.0 Specific Plan (“Specific Plan”), as amended, and the Municipal Code; is in the best interests of the City of Cypress; and is in conformity with and will promote the public convenience, health, interest, safety, general welfare, and good land use practices; and WHEREAS, the discretionary entitlement process for the Project is subject to compliance with the California Environmental Quality Act (CEQA); and to satisfy requirements under CEQA, City, as the lead agency, has caused a Final Environmental Impact Report (EIR) (as that term is defined in the DA) to be prepared, and then processed the EIR in accordance with the applicable requirements of CEQA; and WHEREAS, the City Council of the City of Cypress did, on July 14, 2026, hold a duly noticed public hearing to consider the EIR, the Vesting Tentative Tract Map No. 19247, and the Development Agreement. Following receipt of public testimony and consideration of all evidence and documentation in the record, the City Council closed the public hearing, deliberated, certified the Final EIR as reflecting the City’s independent judgment and analysis and as having been completed in compliance with CEQA, approved the Vesting Tentative Tract Map No. 19247, and introduced this Ordinance for first reading; and
WHEREAS, all actions required to be taken by City precedent to the adoption of this Ordinance have been regularly and duly taken.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council hereby finds and determines as follows:
(a) Approval of the DA is in the best interests of the City; and (b) The DA is consistent with the actions, goals, objectives, and policies of the General Plan, the Specific Plan, and the City’s zoning ordinance; and (c) The DA will promote the public convenience, health, interest, safety, and welfare of the City.
Section 2. Approval. The City Council hereby approves and adopts the DA in the form presented to the City Council concurrent with the approval and adoption of this Ordinance, which form is attached hereto as Exhibit A. The City Council authorizes and directs the Mayor to execute the DA on behalf of the City, and the City Clerk to record the DA in the Official Records of Orange County in accordance with applicable law.
Section 3. Environmental. The City has caused to be prepared the EIR, which analyzed the Project’s potential environmental impacts and therefore considered the Project including, among others, the DA. The City certified the EIR on July 14, 2026.
Section 4. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its adoption.
Section 5. Posting. The City Clerk shall certify the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City.
FIRST READ at a regular meeting of the City Council of said City held on the 14th day of July, 2026 and finally adopted and order posted at a regular meeting held on the 25th day of August, 2026.
PASSED, APPROVED and ADOPTED this 25th day of August, 2026.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF
CALIFORNIA )
COUNTY OF ORANGE ) ss
I, LISA BERGLUND, City Clerk of the City of Cypress, DO HEREBY CERTIFY THAT THE FOREGOING Ordinance was duly adopted by said City Council at a regular meeting held on the 25th day of August 2026, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
CITY CLERK OF THE CITY OF CYPRESS
EXHIBIT A
DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF CYPRESS
AND
LOS ALAMITOS RACE COURSE AND CYPRESS GC, LLC
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Of Cypress
5275 Orange Avenue
Cypress, California 90630
Attn: City Clerk
THIS SPACE ABOVE FOR RECORDER'S USE
No fee required pursuant to Government Code § 27383
DEVELOPMENT AGREEMENT
(Specific Plan 3.0 Buildout Project)
BETWEEN
THE CITY OF CYPRESS
AND
LOS ALAMITOS RACE COURSE AND CYPRESS GC, LLC
-iTABLE OF CONTENTS
1. DEFINITIONS AND EXHIBITS........................................................................................4
1.1. Definitions................................................................................................................4
1.2. Exhibits..................................................................................................................11
2. GENERAL PROVISIONS. ...............................................................................................12
2.1. Binding Effect of Agreement.................................................................................12
2.2. Transfer and Assignment .......................................................................................12
2.3. Term.......................................................................................................................13
3. DEVELOPMENT OF THE PROPERTY..........................................................................14
3.1. Vested Right to Develop........................................................................................14
3.2. Timing of Development.........................................................................................15
3.3. Development of Project .........................................................................................16
3.4. Processing Fees......................................................................................................16
3.5. Taxes and Assessments and Fees; Reservation of Rights......................................16
3.6. Regulation by Other Public Agencies....................................................................16
3.7. Compliance with Government Code Section 66473.7...........................................17
4. ANNUAL AND SPECIAL REVIEW. ..............................................................................17
4.1. Annual Review.......................................................................................................17
4.2. Special Review.......................................................................................................17
4.3. Results of Annual or Special Review ....................................................................18
4.4. City's Rights and Remedies Against Property Owner ...........................................19
5. FEES, REQUIRED IMPROVEMENTS, AND BENEFITS. ............................................19
5.1. Development Impact Fees......................................................................................19
5.2. Deferred Park Fees.................................................................................................19 -ii5.3. Required Improvements and Public Benefits ........................................................19
6. MAINTENANCE AND OPERATION COSTS AND OTHER COMMITMENTS. ............................................................................................................................................20
6.1. Pump Station Assessment District; Covenant Regarding Assessment District....................................................................................................................20
6.2. Other Assessment Districts....................................................................................20
6.3. Maintenance Covenants.........................................................................................20
6.4. Lot 5/6 Park and Stormwater Detention ................................................................22
6.5. Acceptance of Public Streets and Utilities.............................................................23
6.6. Easement Termination ...........................................................................................23
6.7. Merger of Lots 5 and 6...........................................................................................24
6.8. Merger or Lot Tie for Lots 8 and 9........................................................................24
6.9. Two-Acre Public Park Overlay..............................................................................24
6.10. Bicycle and Pedestrian Accessibility.....................................................................24
7. DEFAULT AND REMEDIES...........................................................................................24
7.1. Specific Performance Available ............................................................................24
7.2. Money Damages Unavailable ................................................................................25
7.3. Termination of Agreement.....................................................................................25
8. INDEMNIFICATION........................................................................................................26
8.1. Indemnity Obligations ...........................................................................................26
8.2. Prevailing Wage Indemnity and Notice to Property Owner of Labor Code Section 1781...........................................................................................................26
8.3. Cooperation............................................................................................................27
8.4. Insurance Proceeds.................................................................................................28
8.5. Challenge to Enforceability of Specific Obligations.............................................28
9. MORTGAGEE PROTECTION. .......................................................................................28 -iii9.1. Encumbrances on the Property ..............................................................................28
9.2. Mortgagee Protection.............................................................................................28
9.3. Mortgagee Not Obligated ......................................................................................29
9.4. Request for Notice to Mortgagee...........................................................................29
9.5. Mortgagee's Time to Cure......................................................................................29
9.6. Bankruptcy.............................................................................................................29
9.7. Disaffirmation........................................................................................................29
9.8. Estoppel Certificate................................................................................................29
10. MISCELLANEOUS PROVISIONS..................................................................................30
10.1. Property Owner Challenge to Agreement..............................................................30
10.2. Recordation of Agreement.....................................................................................30
10.3. Entire Agreement...................................................................................................30
10.4. Estoppel Certificate................................................................................................30
10.5. Severability ............................................................................................................30
10.6. Governing Law ......................................................................................................30
10.7. Equitable Servitudes and Covenants Running with the Land................................31
10.8. Notices ...................................................................................................................31
10.9. Constructive Notice and Acceptance .....................................................................32
10.10. Operating Memoranda ...........................................................................................32
10.11. Interpretation..........................................................................................................32
10.12. Attorneys' Fees.......................................................................................................33
10.13. Section Headings ...................................................................................................33
10.14. Singular and Plural.................................................................................................33
10.15. Time of Essence.....................................................................................................33
10.16. Waiver....................................................................................................................33 -iv10.17. No Third Party Beneficiaries.................................................................................33
10.18. Force Majeure ........................................................................................................33
10.19. Extension of Time Limits......................................................................................33
10.20. Successors in Interest.............................................................................................34
10.21. Counterparts...........................................................................................................34
10.22. Project as a Private Undertaking............................................................................34
10.23. Further Actions and Instruments............................................................................34
10.24. Eminent Domain ....................................................................................................34
10.25. Amendments..........................................................................................................34
10.26. Authority to Execute ..............................................................................................34
10.27. Amendment of Legal Description and Depiction ..................................................34 -1-
DEVELOPMENT AGREEMENT
(Specific Plan 3.0 Buildout Project)
This Development Agreement ("Agreement"), dated for reference purposes as of July ___, 2026, is executed by and between the CITY OF CYPRESS, a municipal corporation of the State of California (the "City"), on the one hand, and LOS ALAMITOS RACE COURSE, a California general partnership, and CYPRESS GC, LLC, a California limited liability (collectively, "Property Owner"), on the other hand, with respect to the following facts and circumstances:
RECITALS
A. On November 5, 2024, the voters of the City approved the Cypress Town Center and Commons Specific Plan 3.0 (the "Specific Plan") pursuant to "Measure S." The Specific Plan establishes a comprehensive master plan and regulatory framework for the use and development of approximately 151.4 acres of land in the City of Cypress, County of Orange, State of California (the "Specific Plan Area").
B. Property Owner owns fee title to and otherwise has a legal or equitable interest in approximately 134 acres of the land and improvements thereon within the Specific Plan Area, which land is more particularly described on Exhibit A and depicted on Exhibit B, each attached hereto and incorporated herein by this reference (the "Property").
C. Property Owner applied to the City for approval of Vesting Tentative Map No. 19247 ("VTTM 19247"), which (i) divides land that includes the Property, together with other land currently owned by Grace Community Church of Cypress dba Seacoast Grace Church ("Grace Church"), into 14 numbered lots and 4 lettered lots that include existing and planned roadways, (ii) is consistent with the land use districts in the Specific Plan, and (iii) facilitates the development of up to 1,791 residential units and up to 440,000 square feet of non-residential uses on the Property pursuant to the Specific Plan (the "Project"). It is anticipated that Property Owner will sell all or portions of the Property to one or more third parties to carry out the development of the Property in accordance with the Specific Plan.
D. To obtain approval of a vesting tentative map, Cypress Municipal Code ("Municipal Code") Chapter 25, Article IX contains comprehensive submittal requirements that must be satisfied before a vesting tentative map may be accepted as or deemed complete; provided, however, that the City's Director of Public Works/City Engineer has the authority to waive said submittal requirements if (i) the submittal requirements are deemed unnecessary, duplicative, or inapplicable to a particular development proposal, (ii) a finding is made that the public health, safety, or welfare will not be placed in jeopardy or danger, and (iii) a finding is made that prudent public policy and decision-making will not be hampered by the waiving of submittal requirements.
Through this Agreement Property Owner seeks to provide assurances to the City sufficient to make the findings set forth in the preceding sentence.
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E. The planning and zoning approvals for the development of the Project on the Property obtained prior to the Effective Date (as defined in Section 1.1, below) of this Agreement (collectively, the "Development Approvals") include, but are not limited to, the following:
(a) The Specific Plan;
(b) VTTM 19247;
(c) Final Environmental Impact Report, State Clearinghouse Number 2025040377 (the "Final EIR"); and
(d) Mitigation Monitoring and Reporting Program (the "MMRP") attached hereto as Exhibit C.
F. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted the Development Agreement Law (as defined in Section 1.1, below) which authorizes any city to enter into binding development agreements establishing certain development rights in real property with Persons having legal or equitable interests in such property. Section 65864 of the Government Code, which is part of the Development Agreement Law, provides in part as follows:
The Legislature finds and declares that:
(a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public.
(b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development.
G. Sections 65865.2 and 65866 of the Government Code, which are part of the Development Agreement Law, specify the required, allowed, and prohibited contents of a development agreement as follows:
(a) A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes.
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(b) The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement.
(c) The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time.
(d) The agreement may also include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time. (e) Unless otherwise provided by the development agreement, rules, regulations, and official policies governing permitted uses of the land, governing density, and governing design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, shall be those rules, regulations, and official policies in force at the time of execution of the agreement.
(f) A development agreement shall not prevent a city, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with the rules, regulations and official policies described in the preceding sub-paragraph, nor shall a development agreement prevent a city, from denying or conditionally approving any subsequent development project application on the basis of these existing or new rules, regulations, and policies.
The foregoing provisions are also set forth Appendix I, Article 4, Section 21 (Development Agreements) of the Municipal Code, which implements the Development Agreement Law and further authorizes the execution of this Agreement.
H. Property Owner and City have agreed to enter into this Agreement pursuant to the Development Agreement Law and Appendix I, Article 4, Section 21 of the Municipal Code to memorialize and secure the respective expectations of City and Property Owner such that Property Owner may proceed with the Project in accordance with the Vested Regulations (as defined in Section 1.1, below), subject to the provisions of this Agreement.
I. The City and Property Owner recognize that the development of the Property will create significant opportunities for housing and economic growth in the City.
J. Property Owner wishes to obtain reasonable assurances that the Project may develop in accordance with the Vested Regulations, including without limitation the Specific Plan and VTTM 19247, subject to the terms of this Agreement. -4-
K. Property Owner and/or one or more Transferees (as defined in Section 1.1, below) will provide public benefits above and beyond the otherwise allowable conditions of approval and Mitigation Measures (as defined in Section 1.1, below) for the Project.
L. By entering into this Agreement, the City is encouraging the development of the Project as set forth in this Agreement in accordance with the goals and objectives of the City, while reserving to the City the legislative powers necessary to remain responsible and accountable to its residents.
M. The City Council of the City of Cypress ("City Council") has specifically considered the advantages and impacts of the Project and found that this Agreement is in the best public interest of City and its residents. Adopting this Agreement constitutes a present exercise of City's police power, and reflects the findings by the City that (i) this Agreement is in the best interests of the City, (ii) this Agreement is consistent with the actions, goals, objectives, and policies of the City of Cypress General Plan (the "General Plan"), the Specific Plan, and Appendix I of the Municipal Code, (iii) this Agreement will promote the public convenience, health, interest, safety, or welfare of the City, (iv) the Project is consistent with the General Plan and the Specific Plan, (v) this Agreement and the Project provide for the orderly Development (as defined in Section 1.1, below) of the Property, and (vi) this Agreement provides a clear and substantial public benefit to City and/or its residents. Prior to its approval of this Agreement, the City considered the environmental impacts of the Project and completed its environmental review of the Project pursuant to CEQA (as defined in Section 1.1, below)
N. On July _____ 2026, the City Council certified the Final EIR, approved the MMRP and approved VTTM 19247.
O. Also on July ___, 2026, in accordance with the requirements of the Development Agreement Law, the City Council held a public hearing on the Property Owner's application for this Agreement, made certain findings and determinations with respect thereto, and introduced Ordinance No. _________ approving this Agreement. On July ___, 2026, the City Council adopted Ordinance No. _________, which takes effect on ____________, 2026.
AGREEMENT
NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Law, Appendix I, Article 4, Section 21 of the Municipal Code, and Chapter 25, Article IX of the Municipal Code , and in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties (as defined in Section 1.1, below) agree as follows:
1. DEFINITIONS AND EXHIBITS.
1.1. Definitions. This Agreement uses terms having specific meanings, as defined below. These specially defined terms are distinguished by having the initial letter capitalized, or all letters capitalized, when used in this Agreement. The defined terms include the following:
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1.1.1 "Agreement" has the meaning set forth in the introductory paragraph of this Agreement.
1.1.2 "Agreement Execution" means the attestation of this Agreement by the City Clerk of the City after execution by Property Owner and the Mayor of the City.
1.1.3 "Additional Vested Regulations" means, as applicable to the Development of the Property, to the extent not a part of the Statutorily Vested Regulations, and to the extent in force on the Effective Date:
(a) The Development Approvals.
(b) Rules, regulations, ordinances, and official policies of the City govern the density or intensity of use of the Property, subdivision requirements, the maximum height and size of proposed buildings, parking requirements, setbacks, development standards, and the provisions for reservation or dedication of land for public purposes.
1.1.4 "Applicable Law" means all (a) federal and State laws, regulations and official policies applicable to the Project as of the Effective Date and as they may be amended from time to time, (b) the Vested Regulations, and (c) as of the Effective Date and as they may be amended from time to time, those local laws, regulations, and official policies that are not Vested Regulations and do not conflict with Vested Regulations.
1.1.5 "Assessment District" means a financing mechanism under California Law which enables the City to, with the approval of a majority of the landowners within a specified geographic area, collect special assessments to finance improvements or services within or for the benefit of that area.
1.1.6 "B-Maps" has the meaning set forth in Section 6.3.1, below.
1.1.7 "B-Map Covenant Instrument" and "B-Map Covenant Instruments" have the meanings set forth in Section 6.3.1, below.
1.1.8 "B-Map Covenant Maintenance Duties" has the meaning set forth in Section 6.3.1, below.
1.1.9 "Building Codes" means the building, fire, mechanical, plumbing, electrical and other technical codes and regulations now or hereafter adopted by the City, including without limitation all provisions of the California Building Codes now or hereafter adopted by the City, subject to the City's amendments, additions, and deletions.
1.1.10 "CD Director" means the Director of Community Development for the City.
1.1.11 "CEQA" means the California Environmental Quality Act (Public Res.
Code §§21000 et seq.) and the State CEQA Guidelines (14 Cal. Code Regs., §§15000 et seq.). -6-
1.1.12 "Certificate" has the meaning set forth in Section 4.3, below.
1.1.13 "City" has the meaning set forth in the introductory paragraph of this Agreement.
1.1.14 "City Agency" means each and every agency, department, board, commission, authority, employee, attorney, and/or official acting under the authority of the City, including, without limitation, the City Council and the Planning Commission.
1.1.15 "City Council" has the meaning set forth in Recital M, above.
1.1.16 "Claim" means any claim, loss, cost, damage, expense, liability, lien, action, cause of action (whether in tort, contract, under statute, at law, in equity or otherwise), charge, award, assessment, fine or penalty of any kind (including consultant and expert fees, Legal Costs, and expenses and investigation costs of whatever kind or nature), including without limitation any claim that results or arises in any way from Applicable Law.
1.1.17 "Costs" means quantifiable expenses of any kind, including without limitation the allocated value of staff time, amounts expended for consultants and/or Legal Costs, acquisition expenses, and allocated overhead.
1.1.18 "Default" means the failure to perform any material duty or obligation set forth in this Agreement or to comply in good faith with the terms of this Agreement.
1.1.19 "Deferred Amount" has the meaning set forth in Section 5.2, below.
1.1.20 "Deferred Obligation" has the meaning set forth in Section 5.2, below.
1.1.21 "Development" means the demolition of existing improvements on the Property and the construction of new structures, improvements and facilities on the Property as part of the Project, including, but not limited to: grading; the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping and improvements.
1.1.22 "Development Approvals" has the meaning set forth in Recital E, above.
1.1.23 "Development Agreement Law" means Government Code sections 65864 et seq., which governs the terms, procedures, and requirements for entering into statutory development agreements, including this Agreement.
1.1.24 "Development Impact Fees" means the monetary consideration charged by City in connection with development projects for the purpose of defraying all or a portion of the cost of mitigating or addressing the impacts of those projects, including providing funds for the development of public facilities. The currently applicable schedule of Development Impact Fees is set forth in Exhibit E attached hereto; provided, however, that the categories of Development Impact Fees, and the amount of Development Impact Fees owed in connection with the Development of the Project, shall be those applicable when building permits are issued. -7-
1.1.25 "Development Requirement" means any requirement imposed by the City in connection with or pursuant to any Development Approval or Subsequent Development Approval for the dedication of land, the construction or improvement of public facilities, the payment of fees (including Development Impact Fees) or assessments in order to lessen, offset, mitigate or compensate for the impacts of Development on the environment, or the advancement of the public interest.
1.1.26 "Discretionary Action" means an action which requires the exercise of judgment, deliberation or a decision on the part of the City and/or any City Agency in the process of approving or disapproving a particular activity, as distinguished from Ministerial Permits and Approvals and any other activity which merely requires the City and/or any City Agency to determine whether there has been compliance with applicable statutes, ordinances and regulations.
1.1.27 "Easement Termination" has the meaning set forth in Section 6.6, below.
1.1.28 "Effective Date" means the date of Agreement Execution.
1.1.29 "Final EIR" has the meaning set forth in Recital E, above.
1.1.30 "Floating Park Space" has the meaning set forth in Section 6.9, below.
1.1.31 "Force Majeure Delay" means a delay in performance of this Agreement caused by strikes; acts of God; a declaration of emergency as a result of acts of God; pandemics; enemy actions; civil disturbances; wars; insurrections; terrorist acts; fires; floods; earthquakes; unavoidable casualties; referenda; or mediation, arbitration, litigation or other timely commenced administrative or judicial proceeding commenced by a third party to challenge the effectiveness of this Agreement or any Development Approvals.
1.1.32 "General Plan" has the meaning set forth in Recital M, above.
1.1.33 "Grace Church" has the meaning set forth in Recital C, above.
1.1.34 "Legal Costs" means for any Person, all actual and reasonable costs, and expenses such Person incurs in any legal proceeding (or other matter for which such Person is entitled to be reimbursed for its Legal Costs). All references to Legal Costs shall include the salaries, benefits and costs of in-house or contract general counsel of City or Property Owner, respectively, and the lawyers employed in the office of such general counsel who provide legal services regarding a particular matter, adjusted to or billed at an hourly rate and multiplied by the time spent on such matter rounded to increments of one-tenth (1/10th) of an hour, in addition to Legal Costs of outside counsel retained by City or Property Owner, respectively, for such matter.
1.1.35 "Lot" means any lot or condominium unit within the Property legally created as a result of any approved final subdivision parcel or tract map pursuant to the Map Act or recordation of a condominium plan pursuant to Civil Code section 4000 et seq..
1.1.36 "Lots 5/6 Detention Basin" has the meaning set forth in Section 6.1, below. -8-
1.1.37 "Lots 5/6 Park" has the meaning set forth in Section 6.4, below.
1.1.38 "Map Act" means the California Subdivision Map Act (Gov. Code, §§ 66410 et seq.)
1.1.39 "Master Covenant Instrument" and "Master Covenant Instruments" have the meanings set forth in Section 6.3, below.
1.1.40 "Master Covenant Maintenance Duties" has the meaning set forth in Section 6.3, below.
1.1.41 "Master Plan of Drainage" means that certain Master Plan of Drainage for Specific Plan 3.0 Buildout Project dated March 11, 2026, prepared by Tait & Associates, Inc., and approved by the City.
1.1.42 "Ministerial Permits and Approvals" means the permits, approvals, plans, inspections, certificates, documents, licenses, and all other actions required to be taken by the City for the Development of the Project, including without limitation building permits, foundation permits, public works permits, grading permits, stockpile permits, encroachment permits, and other similar permits and approvals that are required by Applicable Law and project plans and other actions required by the Development Approvals and Subsequent Development Approvals to implement the Project. Ministerial Permits and Approvals shall not include any Discretionary Actions.
1.1.43 "Mortgage" has the meaning set forth in Section 9.1, below.
1.1.44 "Mortgagee" has the meaning set forth in Section 9.2, below.
1.1.45 "Mitigation Measures" means those requirements imposed on the Project contained in the MMRP.
1.1.46 "MMRP" has the meaning set forth in Recital E, above.
1.1.47 "Municipal Code" has the meaning set forth in Recital D, above.
1.1.48 "Notice" has the meaning set forth in Section 10.8, below.
1.1.49 "Official Records" means the Official Records of Orange County, California.
1.1.50 "Party" and "Parties" mean and refer to City, Property Owner and their respective duly authorized successors and assigns, including Transferees of Property Owner.
1.1.51 "Person" means any association, corporation, governmental entity, individual, joint venture, joint-stock company, limited liability company, partnership, trust, unincorporated organization, or other entity of any kind.
1.1.52 "Proceeding" has the meaning set forth in Section 8.1, below. -9-
1.1.53 "Processing Fees" means all processing fees and charges required by the City or any City Agency to cover the estimated actual Costs to City of processing applications for Subsequent Development Approvals and/or Ministerial Permits and Approvals, or for monitoring compliance with any Development Approvals, Subsequent Development Approvals, and/or Ministerial Permits and Approvals granted or issued, together with the obligation to fund a deposit account with the City for the payment of such fees and charges. Without limiting the foregoing, Processing Fees include the City's normal fees for processing land use applications, project permits, environmental assessment/review, applications for grading permits and building permits (plumbing, mechanical, electrical, building), including plan check review, inspections and similar fees that are necessary to accomplish the intent and purpose of this Agreement. The amount of the Processing Fees to be applied in connection with the Development of the Project shall be the amount which is in effect for all or a substantial portion of the properties within the City (except to the City's current fee that applies solely to site plan review for projects within the Specific Plan Area) at the time an application for the City action is made, unless an alternative amount is established by the City in a subsequent agreement with Property Owner or a Transferee. For the avoidance of doubt, Development Impact Fees are not Processing Fees.
1.1.54 "Project" has the meaning set forth in Recital C, above.
1.1.55 "Property" has the meaning set forth in Recital B, above.
1.1.56 "Property Owner" has the meaning set forth in the introductory paragraph of this Agreement.
1.1.57 "Property Owner Affiliate" means any Person controlling, controlled by, or under common control with Property Owner.
1.1.58 "Public Buildings" has the meaning set forth in Section 6.3.1, below.
1.1.59 "Public Property" has the meaning set forth in Section 6.3, below.
1.1.60 "Pump Station" has the meaning set forth in Section 6.1, below.
1.1.61 "Pump Station Assessment District" has the meaning set forth in Section
6.1, below.
1.1.62 "Required Improvements" means the improvements to be developed as part of the Project set forth in Exhibit D.
1.1.63 "Reserved Rights" means the rights and authority excepted from the Vested Regulations, including:
(a) The right and authority to apply to the Project rules, regulations, and policies adopted after Agreement Execution which do not conflict with the Vested Regulations.
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(b) The right and authority to deny or conditionally approve any application for a Subsequent Project Approval on the basis of rules, regulations, and policies adopted after Agreement Execution which do not conflict with the Vested Regulations. (c) The right and authority to take future Discretionary Actions, including without limitation the approval of new regulations, after the approval of the Development Approvals that may conflict with the Vested Regulations, but are reasonably necessary to protect the public health, safety, and welfare.
(d) The right and authority to take future Discretionary Actions, including without limitation the approval of new regulations, after the approval of the Development Approvals that may conflict with the Vested Regulations, but are necessary to comply with State or federal laws and regulations.
(e) The right and authority to take future Discretionary Actions, including without limitation the approval of new regulations, after the approval of the Development Approvals that may conflict with the Vested Regulations, but amend existing Processing Fees or Development Impact Fees or create new Processing Fees or Development Impact Fees.
(f) The right and authority to take future Discretionary Actions, including without limitation the approval of new regulations, after the approval of the Development Approvals that may conflict with the Vested Regulations but concern the enactment, amendment and/or application of the Building Codes and/or local modifications to the Building Codes.
(g) The right and authority to establish or amend procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearing, reports, recommendations, appeals and any other matter of procedure, provided that such procedural regulations are not inconsistent with the Development Approvals. (h) The right and authority to adopt and apply rules, regulations, and policies regarding the conduct of businesses, professions, and occupations. (i) The right and authority to adopt and apply rules, regulations, and policies regarding taxes and/or assessments.
(j) The right and authority to adopt and apply rules, regulations, and policies regarding the control and abatement of nuisances.
(k) The right and authority to adopt and apply rules, regulations, and policies regarding the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property. (l) The right and authority to adopt and apply rules, regulations, and policies regarding the exercise of the power of eminent domain.
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(m) Rules, regulations, and policies which conflict with the Vested Regulations, provided Property Owner and/or a Transferee, as applicable, has given written consent in its or their sole discretion to the application of such rules, regulations, and policies to the Development of the portion of the Property owned by the consenting Property Owner or Transferee.
1.1.64 "Specific Plan" has the meaning set forth in Recital A, above.
1.1.65 "Specific Plan Area" has the meaning set forth in Recital A, above.
1.1.66 "Subsequent Development Approvals" means all further Discretionary Actions for the Development of the Project that are required of or requested by Property Owner and Transferees after the Effective Date.
1.1.67 "Statutorily Vested Regulations" means, as applicable to the Development of the Property, the rules, regulations, and official policies of the City governing (i) permitted uses of the land, (ii) density and (iii) design, improvement, and construction standards and specifications in force at the time of Agreement Execution.
1.1.68 "Term" means the period of time for which this Agreement shall be effective in accordance with Section 2.3.1, below.
1.1.69 "Threshold Date" has the meaning set forth in Section 6.3, below.
1.1.70 "Traffic Study" means the Traffic Study for the Project dated January 2026, prepared by Kimley-Horn and Associates, Inc., and approved by the City.
1.1.71 "Transfer" means sell, assign, transfer, or grant.
1.1.72 "Transferee" means a duly authorized successor in interest, assignee or transferee of all or any portion of the Property or Property Owner's rights and obligations under this Agreement pursuant to Section 2.2, below.
1.1.73 "Vested Regulations" means, collectively, the Statutorily Vested Regulations and the Additional Vested Regulations, but excluding and subject to the Reserved Rights.
1.1.74 "VTTM 19247" has the meaning set forth in Recital C, above.
1.2. Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement:
Exhibit A Legal Description of Property.
Exhibit B Map Showing Property and Its Location.
Exhibit C Mitigation Monitoring and Reporting Program.
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Exhibit D Required Improvements and Other Public Benefits.
Exhibit E Current Development Impact Fee Schedule.
Exhibit F Deferred Park Fee Repayment Schedule.
Exhibit G Form of Certificate of Compliance.
Exhibit H Form of Easement Termination.
2. GENERAL PROVISIONS.
2.1. Binding Effect of Agreement. From and following the Effective Date, the Development of the Project and City actions on applications for Subsequent Development Approvals shall be subject to the terms and provisions of this Agreement.
2.2. Transfer and Assignment. Any Transfer of the rights and obligations of Property Owner under this Agreement shall be subject to the satisfaction of all of the following requirements:
2.2.1 Concurrent Transfer of Property Ownership. No Transfer of any rights or obligations under this Agreement shall occur without the concurrent Transfer of fee title to the portion of the Property that corresponds with such rights or interests.
2.2.2 Permitted Transfers. Property Owner shall have the right to Transfer its rights and obligations under this Agreement to a Property Owner Affiliate in connection with a Transfer of all or any portion of Property Owner's interest in the Property to such Property Owner Affiliate. In the event of any such Transfer, (i) the Property Owner Affiliate shall be liable for performance of the obligations of Property Owner under this Agreement after the date of Transfer with respect to the portion of the Property so transferred and (ii) following written notice to the City, the transferring Property Owner shall be relieved of its legal duty to perform those transferred obligations set forth in this Agreement that are applicable solely to the portion of the Property so transferred. Notwithstanding the foregoing sentences, the transferring Property Owner shall remain responsible for all obligations that do not relate solely to the portion of the Property being Transferred.
2.2.2.1 Notice of Assignment. Within ten (10) business days prior to completing a permitted Transfer under Section 2.2.2, above, Property Owner shall deliver written notice to the City of the Transfer, which notice shall include a complete disclosure of the identity of the Transferee.
2.2.3 Assignment with City Consent. Subject to the City's consent, which consent shall not be unreasonably withheld, conditioned or delayed, Property Owner shall have the right to Transfer its rights and obligations under this Agreement in connection with a Transfer of all or any portion of Property Owner's interest in the Property to a non-affiliated party. In the event of any such Transfer, Transferee shall be liable for performance of the obligations of Property Owner after the date of Transfer with respect to the portion of the Property so Transferred. -13-
Except to the extent Property Owner is in default under this Agreement prior to the Transfer, upon the written consent of the City to the partial or complete Transfer of this Agreement and the express written assumption in a form approved by the City of such transferred obligations of Property Owner under this Agreement by the Transferee, the Property Owner shall be relieved of its legal duty to perform the transferred obligations set forth in this Agreement, other than the obligations that do not relate solely to the portion of the Property being Transferred.
2.2.4 Transferee Subject to Terms of Agreement. Following a Transfer of any of the rights and interests of Property Owner in accordance with Section 2.2.2 or 2.2.3, above, the Transferee's exercise, use, and enjoyment of the Property shall be subject to the terms of this Agreement to the same extent as if the Transferee was Property Owner.
2.2.5 Condition of Assignment or Transfer. All Transfers under this Section
2.2 shall be undertaken in conjunction with corresponding assignments or transfers of other agreements related to the portion of the Property and the corresponding obligations under this Agreement that are transferred.
2.2.6 Liability Following Transfer. The failure of a Transferee to perform obligations transferred in accordance with Section 2.2.2 or 2.2.3, above, may result, at the City's option, in a declaration that this Agreement has been breached and the City may, but shall not be obligated to, exercise its rights and remedies under this Agreement. Any partial termination of this Agreement as it relates to that Transferee's holding is severable from the entire Agreement and shall not affect the remaining entirety of this Agreement.
2.3. Term.
2.3.1 Term. The term of this Agreement shall commence on the Effective Date and shall expire fifteen (15) years after the Effective Date, unless this Agreement is terminated, modified, or extended by circumstances that are expressly set forth in the following sentence or by the mutual written consent of the Parties. The Term of this Agreement shall automatically be extended for the period of time of any actual delay resulting from (a) a Force Majeure Delay or (b) a legal action or appeal challenging the City's approval of this Agreement and/or the Development Approvals that is filed within ninety (90) days following the City Council's adoption of Ordinance No. _______; provided, however, that no extension under this sentence shall exceed a period of one (1) year.
2.3.2 Term of VTTM 19247. The City acknowledges that the Development of the Project may be subject to unavoidable delays due to factors outside Property Owner's control.
Pursuant to Government Code section 66452.6(a)(1), and other applicable provisions of the Map Act, the duration of VTTM 19247 shall automatically be extended for the Term of this Agreement.
2.3.3 Termination Upon Sale Of Individual Lots To Public. Notwithstanding anything to the contrary in this Agreement, the provisions of this Agreement shall terminate with respect to any individual Lot, and such Lot shall be released from and shall no longer be subject to this Agreement (without the execution or recordation of any further document or the taking of any further action), upon occurrence of both of the following conditions: (a) the Lot has been sold, leased (for a period longer than one (1) year as evidenced by a lease) or otherwise conveyed to a -14-
member of the public or any other ultimate purchaser or user that is not Property Owner or a Transferee; and (b) a certificate of occupancy has been issued for the building on the Lot or a final inspection of the building(s) has been approved by the City authorizing occupancy. The City shall cooperate with Property Owner or its duly authorized successor in interest, at no cost to the City, in executing in recordable form any document that Property Owner or a Transferee may submit to confirm the termination of this Agreement as to any such Lot.
3. DEVELOPMENT OF THE PROPERTY.
3.1. Vested Right to Develop. Subject to the terms of this Agreement, Property Owner and each Transferee shall have a vested right to develop the Project consistent with the Development Approvals and Subsequent Development Approvals, subject to compliance with the Mitigation Measures, satisfaction of all applicable conditions of approval, completion of the Required Improvements and compliance with Applicable Law.
3.1.1 Remodeling, Renovating, Rehabilitating, Rebuilding and Replacing.
Property Owner's and Transferees' vested rights under this Agreement shall include, without limitation, the right to remodel, renovate, rehabilitate, rebuild or replace the Project or any portion thereof throughout the applicable Term for any reason, including, without limitation, in the event of damage, destruction or obsolescence of the Project or any portion thereof, subject to the Development Approvals, the Subsequent Development Approvals, compliance with the Mitigation Measures, satisfaction of all applicable conditions of approval, completion of the Required Improvements, and compliance with Applicable Law.
3.1.2 Non-Application of Changes in Applicable Law. Any change in, or addition to, the Vested Regulations adopted or becoming effective after the Effective Date, including, without limitation, any such change by means of ordinance, including but not limited to adoption of an amendment of the Specific Plan, initiative, referendum, resolution, motion, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by the City Council or any other City Agency, or any officer or employee thereof, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Property and/or the Project and which would conflict with the Vested Regulations, shall not be applied to the Property or the Project.
3.1.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or federal laws or regulations, and this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce.
3.1.3.1 Notification of Changes Necessary to Comply With Federal or State Law. Where the City believes a change to a City law, regulation, or policy is necessary to comply with State or federal laws or regulations pursuant to the Reserved Rights, the City shall provide Property Owner and Transferees with a copy of such State or federal law or regulation and -15-
a statement of the nature of its conflict with the Vested Regulations and the required changes the City believes is required to comply with such State or federal law or regulation.
3.1.4 Subsequent Development Approvals. The City shall not require Property Owner or a Transferee to obtain any Subsequent Development Approvals or Ministerial Permits and Approvals for the Development of the Project in accordance with this Agreement other than those required by the Development Approvals or Applicable Law. In addition, no new requirement to obtain a Subsequent Development Approval that was not required as of the Effective Date shall apply to the Project or any portion thereof until the fifth (5th) anniversary of the Effective Date unless such Subsequent Development Approval process is required by State or federal law or is necessary to protect the public health, safety and welfare.
3.1.4.1 Modifications to Specific Plan. The City shall have no obligation to approve an application for a Subsequent Development Approval that is not required under the Vested Regulations and other Applicable Law, provided that any proposed adjustment with respect to the Specific Plan shall be considered by the City in accordance with Section 5.6.2 of the Specific Plan.
3.1.4.2 CEQA Review. This Agreement does not modify, alter, or change the City's obligations pursuant to CEQA and acknowledge that proposed Subsequent Development Approvals may require additional environmental review pursuant to CEQA. In the event, but only in the event, that additional environmental review is required pursuant to CEQA, the City agrees to consult in good faith with Property Owner or Transferees and determine in good faith the appropriate level of environmental review in accordance with CEQA.
3.1.5 Permitted Use. The City agrees that Property Owner may use the Property during the term of this Agreement for any use that is otherwise permitted by Applicable Law (subject to obtaining any Subsequent Discretionary Approval required for such use).
3.1.6 Moratoria or Interim Control Ordinances. Notwithstanding anything to the contrary in this Agreement, if an ordinance, resolution, policy, moratorium or other measure is enacted, whether by action of the City, by initiative, or otherwise, that conflicts with the Vested Regulations and are not an exercise of the Reserved Rights, the City agrees that such ordinance, resolution, moratorium or other measure shall not apply to the Project, the Property or this Agreement.
3.2. Timing of Development. The Parties acknowledge that Property Owner cannot at this time predict when or the rate or in what sequence the Property will be developed. Such decisions depend upon numerous factors that are not within the control of Property Owner, such as market orientation and demand, interest rates, absorption, completion, and other similar factors.
Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over such parties' agreement, the Parties do hereby acknowledge and agree that Property Owner shall have the right to develop the Property in such order and at such rate and at such times as Property Owner deems appropriate within the exercise of its subjective business judgment. Nothing in this Section -16-
is intended to extend the standard durational limits of any current or subsequent permits issued to Property Owner or Transferee(s).
3.3. Development of Project. Property Owner and the City agree that the Development of the Project shall be in accordance with Applicable Law, and that the Applicable Law specifies, as applicable to the Project, the permitted uses of the Property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. If and to the extent Property Owner and/or Transferees pursue Development of the Project, they shall complete all of the applicable Required Improvements, perform all other applicable lawfully imposed conditions of approval in the Development Approvals and Subsequent Development Approvals, and satisfy all of the applicable Mitigation Measures.
3.3.1 Agreements and Improvement Securities. Unless the Parties mutually agree otherwise, Property Owner and any Transferees shall provide agreements and improvement securities in the manner required by Chapter 25, Article V, Section 25-40 of the Municipal Code for all of the Required Improvements, conditions of approval, and Mitigation Measures that are not completed prior to the recordation of the final map/partial final map for VTTM 19247. The Parties acknowledge and agree that the application of this requirement to the Required Improvements, conditions of approval, and Mitigation Measures, is necessary to support the findings required by Chapter 25, Article IX, Section 25-57(e) of the Municipal Code.
3.4. Processing Fees. Property Owner and Transferees shall pay all Processing Fees for Subsequent Development Approvals and for Ministerial Permits and Approvals in the amount in effect when such Subsequent Development Approvals or Ministerial Permit and Approvals are sought.
3.5. Taxes and Assessments and Fees; Reservation of Rights. This Agreement shall not prevent the City from enacting, levying, or imposing any new or increased tax or assessment or fee that applies to the Property. Property Owner shall timely pay all applicable fees, charges, assessments, and special and general taxes validly imposed in accordance with the Constitution and laws of the State of California. Notwithstanding the foregoing, nothing set forth herein is intended or shall be construed to limit or restrict whatever right Property Owner or any Transferee(s) have to challenge any fee, charge, tax, or assessment adopted by City after the Effective Date.
3.6. Regulation by Other Public Agencies. It is acknowledged by the Parties that other public agencies not subject to control by City possess authority to regulate aspects of the Development of the Project on the Property, and this Agreement does not limit the authority of such other public agencies. Property Owner and Transferees may apply for such other permits and approvals as may be required for the Development of the Project from other governmental or quasigovernmental agencies having jurisdiction over the Property. The City shall reasonably cooperate with Property Owner and Transferees in their endeavors to obtain such permits and approvals, provided that Property Owner and Transferee(s) shall pay the City's Costs of such cooperation.
Each Party shall take all reasonable actions, and execute, with acknowledgment or affidavit, if -17-
required, any and all documents and writings that may be reasonably necessary or proper to achieve the purposes and objectives of this Agreement.
3.7. Compliance with Government Code Section 66473.7. Any tentative map prepared for the subdivision(s) included within the Project will comply with Government Code section 66473.7 unless exempt.
4. ANNUAL AND SPECIAL REVIEW.
4.1. Annual Review. During the Term, the CD Director shall review this Agreement annually during June of each year following the Effective Date of this Agreement, in order to ascertain the good-faith compliance by Property Owner and/or any Transferee(s) with the terms of the Agreement. The burden of proof shall be on the Property Owner and/or any Transferees to demonstrate compliance with this Agreement to the full satisfaction of, and in a manner prescribed by the CD Director; provided that Property Owner and/or Transferees shall have the burden of demonstrating such good-faith compliance relating solely to each such party's portion of the Property and any Development located thereon.
4.1.1 Annual Review Procedure. As part of the annual review, by May 1 of each year, Property Owner and each Transferee, to the extent applicable, shall submit an annual monitoring review statement describing its actions in compliance with this Agreement, in a form acceptable to the CD Director. The statement shall be accompanied by an annual review and administration fee sufficient to defray the estimated Costs of review of the statement and of Property Owner's and each Transferee's compliance with the Agreement. The amount of the annual review fee shall be set by resolution of the City Council. Each Property Owner and Transferee shall have no further obligation to provide an annual statement of compliance and to pay the annual review fee at such time as it no longer holds fee title to any portion of the Property or has received all of the certificates of occupancy required for its development of the portion of the Property for which it holds fee title. If any Property Owner or Transferee fails to provide the statement of compliance in a timely manner, the City will notify Property Owner and Transferee(s) of the annual review obligations in writing at least thirty (30) days prior to completing the CD Director's annual review.
4.1.2 Evaluation and Determination. Based on the statement of compliance and such other evidence as may be presented by Property Owner and each Transferee, the CD Director shall determine, based on substantial evidence, whether each Property Owner and Transferee, to the extent applicable, has complied in good faith with the terms of this Agreement.
4.2. Special Review. The CD Director may order a special review of compliance with this Agreement at any time upon receipt of reasonable evidence of material noncompliance with the terms of this Agreement. The burden of proof for a special review shall be the same as the burden of proof for an annual review.
4.2.1 Special Review Costs. The City's Costs of a special review shall be borne by the City, unless such a special review demonstrates to the satisfaction of the CD Director that Property Owner and/or Transferees, as applicable, have not complied in good faith with the -18-
provisions of this Agreement, in which case the noncompliant party(ies) shall reimburse the City for all Costs incurred in conjunction with such special review. Property Owner's and any Transferee's costs of a special review shall be borne by Property Owner and the Transferee, as applicable.
4.2.2 Special Review Procedure. In connection with any special review, the CD Director shall give Property Owner and all Transferees written notice that any such review has been commenced, and shall give Property Owner and all Transferees at least thirty (30) days after receipt of such notice to provide to the CD Director with such information as Property Owner and any Transferee deems relevant to such review. In addition, upon the written request of the CD Director, Property Owner and/or any applicable Transferee(s) shall furnish such documents or other information as reasonably requested by the CD Director. Property Owner and/or any applicable Transferee(s) shall have a reasonable opportunity to contest any claim by the City that such party has not complied in good faith with any terms of this Agreement.
4.2.3 Evaluation and Determination. Based on such evidence as may be presented by Property Owner and each Transferee and such other evidence as is obtained by or made available to the CD Director, the CD Director shall determine, based on substantial evidence, whether each Property Owner and Transferee is in good-faith compliance with the terms of this Agreement.
4.3. Results of Annual or Special Review. If, following an annual or special review pursuant to this Section 4, the CD Director or the City Council, as the case may be, finds goodfaith compliance by Property Owner and/or Transferee(s) with this Agreement, the City shall, upon request by Property Owner and/or any Transferee, issue a certificate of compliance ("Certificate") to Property Owner(s), in substantially the form provided as Exhibit G attached hereto and incorporated herein by this reference. Property Owner and/or such Transferee shall have the right to record any issued Certificate in the Official Records. If, following an annual or special review pursuant to this Section 4, the CD Director concludes that Property Owner and/or any Transferee(s) are not in good-faith compliance with the terms of this Agreement, then the CD Director may recommend to the City Council that it order, after a noticed public hearing in compliance with Appendix I, Article 5, Section 26 of the Municipal Code, that this Agreement be terminated. At such hearing, the Property Owner and/or Transferee(s) shall be entitled to address all of the issues considered by the CD Director in making their determination. Information presented by Property Owner and/or Transferees at such hearing may be presented orally and/or in writing. If, after receiving any written response of Property Owner and/or Transferees to the CD Director's determination, and after considering all of the information presented at such hearing, the City Council finds and determines that Property Owner and/or Transferees have not in good faith complied with the terms and conditions of this Agreement, then the City Council shall specify in writing to Property Owner and/or Transferees the respects in which Property Owner and/or any Transferees have failed to so comply, and shall also specify a reasonable time for Property Owner and/or Transferees to remedy such noncompliance, which time shall be not less than sixty (60) days after Property Owner's and/or the Transferees' receipt of such notice, provided that if such noncompliance is not susceptible to remedy within such sixty (60)-day period, Property Owner and/or the applicable Transferee(s) shall promptly commence the remedy and complete the remedy within such time as is established by the City in its reasonable good-faith discretion. A -19-
determination by the City Council of non-compliance shall be in writing delivered in accordance with Section 10.8, below, and shall specify in detail the grounds therefor, so that Property Owner and/or the applicable Transferee(s) shall have the opportunity to implement any measures necessary to cure such noncompliance. If the noncompliance so specified by the City Council is not cured within the time so specified, then the City may pursue the remedies provided in Section 7, below.
4.4. City's Rights and Remedies Against Property Owner. The City's rights under this Section 4 relating to Property Owner's compliance with this Agreement shall be limited to Property Owner's obligations under this Agreement that have not been assigned to, and assumed by, Transferees pursuant to Section 2.2, above.
5. FEES, REQUIRED IMPROVEMENTS, AND BENEFITS.
5.1. Development Impact Fees. Property Owner and Transferee(s) shall pay Development Impact Fees in connection with the issuance of building permits for the Project, and in the amount applicable at the time of issuance of building permits.
5.2. Deferred Park Fees. Property Owner acknowledges and agrees that, under that certain Agreement for Reduction and Deferral of Portion of Required Park In-Lieu Fee and Repayment of Same for Melia Homes Project" dated as of April 26, 2021, by and among Property Owner and the City, Property Owner is obliged to repay the City the sum of $1,001,835 (the "Deferred Amount"), which is to be prorated and included in the calculation of the park in-lieu fee otherwise required and payable for the remaining residential units approved by the City and for which building permits are issued by the City (the "Deferred Obligation"). To satisfy the Deferred Obligation, Property Owner shall do one of the following:
(a) Pay each amount specified in Exhibit F attached hereto and incorporated herein by this reference as a condition to the recordation of a final map for each corresponding Lot in VTTM 19247 shown in Exhibit F; provided, however, that nothing in this section prohibits Property Owner from paying all or a portion of the Deferred Amount at any time prior to the times specified in Exhibit F; or (b) Enter into a written agreement acceptable to the City, in its sole and absolute discretion, to discharge all or a portion of the Deferred Obligation in exchange for the conveyance of fee title to the approximately 1.22-acre parcel designated as Lot 1 on VTTM 19247 to the City.
5.3. Required Improvements and Public Benefits. Property Owner and/or Transferees shall construct the Required Improvements and satisfy the other requirements relating to the Project in the time and manner described in Exhibit D attached hereto and incorporated herein by this reference, even though the cost of complying with some of those requirements may exceed the Development Requirements the City could otherwise lawfully impose on the Project. -20-
6. MAINTENANCE AND OPERATION COSTS AND OTHER COMMITMENTS.
6.1. Pump Station Assessment District; Covenant Regarding Assessment District.
City may request that Property Owner agree to form an Assessment District (a "Pump Station Assessment District") that includes Lots 3, 4 and 7 in VTTM 19247 (the "Assessment Property") for the purpose of funding the maintenance and operations costs for the stormwater pump station (the "Pump Station") to be installed on Lot 5 and 6 of VTTM 19247 in connection with the operation of the stormwater detention basin, and any associated water quality basins or devices, contemplated on Lots 5 and 6 (the "Lots 5/6 Detention Basin") in accordance with the Master Plan of Drainage. Property Owner hereby irrevocably consents to formation of a Pump Station Assessment District and the inclusion of the Assessment Property therein and waives any and all right of protest or objection with respect to such formation. Property Owner agrees to cooperate with City and take all necessary action to accomplish the formation of a Pump Station Assessment District and the inclusion of the Assessment Property therein, for the purposes of funding the maintenance and operation of the Pump Station, and Property Owner further agrees to pay all actual and reasonable costs associated with the formation of a Pump Station Assessment District.
Property Owner agrees to cooperate in the imposition of assessments related to a Pump Station Assessment District, including without limitation, if required by City, the submission of a ballot to the City by Property Owner (or its successors in interest) in favor of the formation a Pump Station Assessment District and the levying of such assessments. Nothing herein shall be construed as a commitment by City to form a Pump Station Assessment District or as a limitation on City's legislative discretion with respect thereto. Property Owner has agreed to the financing provisions set forth in this Section and to perform the obligations hereunder in exchange for the consideration and benefits provided to Property Owner by City under this Agreement. For avoidance of doubt, the Parties agree that this Agreement includes and constitutes a covenant not to contest the formation of a Pump Station Assessment District that includes the Assessment Property. The covenant shall be binding upon successive owners of the Assessment Property.
6.2. Other Assessment Districts. At the request of Property Owner, the City shall reasonably consider and cooperate in the formation of one or more Assessment Districts, including community facilities districts (Gov. Code, §§ 53311 et seq.), tax-exempt and taxable financing mechanisms, or other funding mechanisms related to slope stabilization and infrastructure work and improvements (including, without limitation, design, acquisition and construction costs). The City shall reasonably consider and cooperate in the prompt and commercially reasonable sale of bonds to be issued and secured by such assessments or special taxes. Property Owner shall pay all Costs incurred by the City pursuant to this Section.
6.3. Maintenance Covenants. Prior to the two applicable Threshold Dates (as defined below), Property Owner and/or the applicable Transferee(s) shall deliver to the City for its review and approval a declaration of covenants, conditions and restrictions, a reciprocal easement agreement and/or similar instrument in recordable form to establish as covenants running with the land (each a "Master Covenant Instrument" and, collectively, the "Master Covenant Instruments") the obligation of Property Owner, the applicable Transferee(s), a homeowners association, a property owners association, or another entity reasonably approved by the City to (1) maintain and repair (a) the Lots 5/6 Park, (b) landscaping, irrigation, and water quality best management practices devices and improvements, within public rights-of-way (including medians -21-
and parkways) on the Property, which will include the segments of Moody Street and Vessels Circle located within the Property, (c) green trails and bike paths; (d) utilities metered to the publicly owned portions of the Property ("Public Property"); and (e) signs on the Public Property; and (2) ensure trash collection and removal related to the Public Property (collectively, the "Master Covenant Maintenance Duties"). The Master Covenant Instrument(s) shall be recorded against the Property (or applicable portions thereof) and shall, among other things, authorize the levy of assessments or substantially similar cost-sharing obligations against the Property (or applicable portions thereof) in order to fund the Master Covenant Maintenance Duties. One Master Covenant Instrument shall address the Master Covenant Maintenance Duties as applicable to the Lots 5/6 Detention Basin and shall be recorded against Lots 3, 4, and 7; the "Threshold Date" as applicable to such Master Covenant Instrument shall mean the intended date of issuance of the first construction permit for any Project improvements located on Lots 3, 4 and 7; provided, however, that no certificate of occupancy for any Project improvement within Lots 3, 4, and 7 shall be issued unless and until the Master Covenant Instrument for the Lots 5/6 Detention Basin shall have been approved by the City and recorded against Lots 3, 4, and 7. The other Master Covenant Instrument shall address all of the remaining Master Covenant Maintenance Duties and shall be recorded against all of the Property; the Threshold Date as applicable to such Master Covenant Instrument shall mean the intended date of issuance of the first construction permit for any Project improvement within the Property (other than Lot 14); provided however that no certificate of occupancy for any Project improvement within the Property shall be issued unless and until such Master Covenant Instrument is approved by the City and recorded against the Property. Any covenant instrument similar in nature to the Master Covenant Instruments that is subsequently recorded against a portion of the Property with respect to the development of specific development projects on such portion of the Property in accordance with the Specific Plan shall be subordinate to and consistent with the corresponding Master Covenant Instrument as it relates to such portion of the Property, and shall require City review and approval to determine consistency with such Master Covenant Instrument prior to recordation.
6.3.1 Maintenance Conditions on Subsequent Map Approvals. Property Owner and Transferees agree that the City may condition subsequent subdivision maps and/or condominium approvals applied for in connection with the development of the Property ("BMaps") with site-specific maintenance obligations in addition to those maintenance obligations set forth in Section 6.3, above. Property Owner and Transferees agree and acknowledge that such condition will require that by a reasonable date established by the City, Property Owner and/or the applicable Transferee(s) shall deliver to the City for its review and approval a declaration of covenants, conditions and restrictions, a reciprocal easement agreement and/or similar instrument in recordable form to establish as covenants running with the land (each a "B-Map Covenant Instrument" and, collectively, the "B-Map Covenant Instruments") within the boundaries of each B-Map the obligation of Property Owner, the applicable Transferee(s), a homeowners association, a property owners association, or another entity reasonably approved by the City to (1) maintain and repair (a) any Public Property; private roads within and adjacent to the boundaries of the B-Map, including without limitation streets, sidewalks, curbs, gutters; any publicly or privately owned parks (including, without limitation, including, without limitation, 2 acres of publicly or privately owned floating park in the development, and the privately owned and maintained, but publicly accessible Lots 5/6 Park); landscaping, irrigation, and water quality best management practices devices and improvements; (b) green trails and bike paths, if any, within -22-
the boundaries of the B-Map; (c) gas, water and waste pipes, sewers, ducts, chutes, conduits, wires and utility installations which are located within any of the buildings, if any, within the boundaries of the B-Map ("Public Buildings") or in the exterior walls, ceilings, foundations or foundation slabs within any of the Public Buildings; (d) the water system for the Public Buildings to the back of each individual water meter within the boundaries of the B-Map; (e) utilities metered to Public Property within the boundaries of the B-Map; (f) signs on the Public Property within the boundaries of the B-Map; (2) paint and otherwise maintain the exterior surfaces of the exterior walls of the Public Buildings within the boundaries of the B-Map; (3) ensure trash collection and removal related to the Public Property within the boundaries of the B-Map; (4) ensure necessary janitorial, custodial, or security lock-up services for maintaining the Public Property within the boundaries of the B-Map; and (5) reimburse to the City for municipal police services, security, and other services benefiting the Public Property within the boundaries of the B-Map (collectively, the "B-Map Maintenance Duties"). The B-Map Covenant Instrument(s) shall be recorded against the Property (or applicable portions thereof) and shall, among other things, authorize the levy of assessments or substantially similar cost-sharing obligations against the Property (or applicable portions thereof) in order to fund the B-Map Maintenance Duties. Any covenant instrument similar in nature to the B-Map Covenant Instruments that is subsequently recorded against a portion of the Property with respect to the development of specific development projects on such Property in accordance with the Specific Plan shall be subordinate to and consistent with the corresponding B-Map Covenant Instrument as it relates to such portion of the Property, and shall require City review and approval to determine consistency with such B-Map Covenant Instrument prior to recordation. Recordation of each B-Map Covenant Instrument shall occur prior to issuance of the first certificate of occupancy for any Project improvement within the boundaries of the Property against which the B-Map Covenant Instrument will be recorded.
6.4. Lot 5/6 Park and Stormwater Detention. The Specific Plan contemplates the construction of a park on Lots 5 and 6 in VTTM 19247 (the "Lots 5/6 Park"). The development of the Lots 5/6 Park shall be consistent with the Specific Plan and any reasonable City standards for neighborhood parks that are not inconsistent with the Specific Plan, except as provided below.
The City acknowledges that the design and development of the Lots 5/6 Park may be undertaken by a Transferee in connection with the development of one or more of the other Lots or portions thereof in VTTM 19247, so that the design and development of the Lots 5/6 Park may be part of an application that includes both the Lots 5/6 Park and commercial and/or residential development of another portion or portions of the Property. Therefore, the process for the development of the Lots 5/6 Park may occur independently or as part of a larger project undertaken by Property Owner and/or one or more Transferees, but the development process for the Lots 5/6 Park shall occur under the direction of the City's Public Works and Recreation and Community Services Departments. The City further acknowledges that VTTM 19247 contemplates the construction of the Lots 5/6 Detention Basin on Lots 5 and 6, which will require the dual use of Lots 5 and 6 for a park and stormwater detention basin, which may require relief from the City's typical park standards. The City will work with Property Owner or a Transferee in good faith to accomplish and implement this dual use. Property Owner and Transferee(s) acknowledge and agree that the City may exercise its reasonable discretion in approving the design and plans for the Lots 5/6 Park to ensure that it has a quality substantially equivalent to the City's most recently approved parks (excluding Lexington Park). The design and development process for the Lots 5/6 Park shall generally include the following:
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(a) Task 1 – Project Initiation. Property Owner or the applicable Transferee shall meet with City staff to confirm project goals, schedule, communication protocols and the integration of the park and detention basin.
(b) Task 2 – Community Outreach and Conceptual Design. Property Owner or the applicable Transferee shall conduct public outreach and present concepts to City staff, the Recreation and Community Services Commission and the City Council to gather feedback and direction. Property Owner or the applicable Transferee shall prepare conceptual park/detention basin designs reflecting site conditions and community input and refine to a single preferred concept for City review and approval.
(c) Task 3 – Park Master Plan. Property Owner or the applicable Transferee shall prepare a detailed park/detention basin master plan based on the approved concept, including layout, amenities, grading, landscape, irrigation, and sustainable design features, which will be considered for approval by the City Council on a standalone basis or as part of the approval process for a larger project of which the Lots 5/6 Park is a part.
(d) Task 4 – Final Design and Construction Documents. Property Owner and/or the applicable Transferee(s) shall prepare and obtain City approval of complete final design and construction documents for the approved park/detention basin improvements, including demolition, grading, drainage, utilities, landscape, irrigation, and all other relevant disciplines, and obtain the necessary building permits.
(e) Task 5 – Construction, Inspection and Project Closeout. Property Owner and/or the applicable Transferee(s) shall coordinate with the City and all applicable regulatory agencies to obtain all required permits, inspections, and approvals and shall thereafter construct the park/detention basin improvements in accordance with the approved plans and specifications. Property Owner and/or the applicable Transferee(s) shall complete all punch list items, submit record drawings, and achieve final acceptance by the City.
All Costs associated with the development of the Lots 5/6 Park shall be borne by Property Owner and/or the applicable Transferees.
6.5. Acceptance of Public Streets and Utilities. The City shall not accept, operate, or maintain any public streets or utilities unless and until such streets or utilities are built to City standards and accepted by the City in writing. All streets, landscaping, and utilities identified on future subdivision maps within the Property (i.e., B-Maps) shall be privately owned and maintained.
6.6. Easement Termination. Within ninety (90) days following the full closure and demolition of the Los Alamitos Race Course, or such other time as is mutually agreed upon between the Parties in writing, Property Owner shall provide to City, in the form attached as Exhibit H, a termination of that certain Easement Agreement dated as of May 23, 2018, by and -24-
between Cypress Recreation & Park District and Property Owner, and recorded on May 31, 2018 as Instrument No. 2018000198493 in the Official Records (the "Easement Termination").
6.7. Merger of Lots 5 and 6. Subject to any required City approval, prior to the issuance of any permits for the construction of Project improvements on Lots 5 and 6 of VTTM 19247, Property Owner or a Transferee shall record documentation sufficient to cause the merger of Lots 5 and 6 in VTTM 19247.
6.8. Merger or Lot Tie for Lots 8 and 9. Subject to any required City approval, within one hundred eighty (180) days after the recordation of the final map for VTTM 19247 (or the portion thereof that is applicable to Lots 8 and 9 in VTTM 19247), Property Owner or a Transferee shall cause Grace Church to record documentation sufficient to either: (i) cause the merger of Lots 8 and 9 in VTTM 19247; or (ii) create a lot tie for Lots 8 and 9 in VTTM 19247.
6.9. Two-Acre Public Park Overlay. The Specific Plan includes a two-acre public park overlay that allows a total of two acres of public park space to be developed within the Specific Plan Area (the "Floating Park Space"). The location of the Floating Park Space shall be identified prior to the issuance of any building permit for private improvements in any of Lots 2, 3, 4, 7, and 13 of VTTM 19247. The park created on the Floating Park Space may be a publicly owned park, or a privately owned park with public access pursuant to an easement or other instrument reasonably approved by the City. Development of the Floating Park Space shall follow the same design, review, approval, and development process set forth in Section 6.4, above, for the Lots 5/6 Park. The City will negotiate the ownership of the Floating Park Space with the Person that develops the VTTM 19247 lot upon which the Floating Park Space is located.
6.10. Bicycle and Pedestrian Accessibility. All bicycle paths throughout the Specific Plan Area shall be publicly accessible, pursuant to a public access easement or other instrument reasonably approved by the City. Trails, walkways, and greenspaces located within the privately owned development areas of Lots 2, 3, 4, 7, 10, 11, and 12 of VTTM 19247 may be privately owned and may be restricted for use by residents, tenants, owners, and invitees within the Specific Plan Area, but shall not be restricted solely to the residents, tenants, owners, or invitees of the lot on which such trails, walkways, or greenspaces are located. Reciprocal access easements shall be established for the benefit of the property owners within Lots 2, 3, 4, 7, 10, 11, 12, 13, and 14 of VTTM 19247, in a form acceptable to the City, to ensure appropriate bicycle and pedestrian connectivity within the Specific Plan Area.
7. DEFAULT AND REMEDIES.
7.1. Specific Performance Available. The Parties acknowledge that money damages and remedies at law generally are inadequate and specific performance is a particularly appropriate remedy for the enforcement of this Agreement and should be available to Property Owner, Transferees and the City because the size, nature and scope of the Project, make it impractical or impossible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, Property Owner, Transferees, and/or the City may be foreclosed from other choices they may have had to utilize or condition the uses of the Property or portions thereof. Property Owner, Transferees, and the City have invested significant time and -25-
resources in performing extensive planning and processing for the Project and in negotiating and agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, such that it would be extremely difficult to determine the sum of money which would adequately compensate Property Owner and/or City for such efforts. The Parties therefore agree that specific performance and the termination of this Agreement shall be the sole remedies available for a breach of this Agreement.
7.2. Money Damages Unavailable. It is acknowledged by the Parties that neither the City nor Property Owner would have entered into this Agreement if it were liable in monetary damages under or with respect to this Agreement or the application thereof. The Parties agree and recognize that, as a practical matter, it may not be possible to determine an amount of monetary damages that would adequately compensate Property Owner and Transferees for their investment of time and financial resources in planning to arrive at the kind, location, intensity of use, and improvements for the Project, nor to calculate the consideration the City would require to enter into this Agreement to justify the exposure. Therefore, the Parties agree that no party shall be entitled to any monetary damages from the other Party for the breach of any provision of this Agreement; provided, however, that an action to enforce the obligation to pay a Processing Fee, Development Impact Fee, or other fee, Cost, tax or assessment under this Agreement shall be deemed a demand for "specific performance" and not a demand for "money damages."
7.3. Termination of Agreement.
7.3.1 Termination of Agreement for Default By Property Owner and/or Transferee(s). If the City believes that a Default by Property Owner or any applicable Transferee(s) has occurred with respect to its or their obligations under this Agreement applicable to its or their portions of the Property (as specified in the applicable Transfer agreement pursuant to Section 2.2, above), the City in its discretion may terminate this Agreement, but only with respect to the portion(s) of the Property owned by Property Owner and/or the applicable Transferee(s); provided, however, that the City may only terminate this Agreement pursuant to this Section after following the procedures set forth in Section 4, above (regardless of whether or not the Default is alleged in the context of an annual or special review pursuant to Section 4, above) without resolution of the alleged Default. Prior to termination, the City and Property Owner and/or any applicable Transferee(s) may mutually agree, in their respective sole and absolute discretion, to pursue an alternative dispute resolution process.
7.3.2 Termination of Agreement for Default By City. If Property Owner and/or any Transferee(s) believes that a Default by the City has occurred with respect to the obligations of the City under this Agreement applicable to Property Owner's and/or the applicable Transferee(s)' portions of the Property (as specified in the applicable Transfer agreement pursuant to Section 2.2, above), then Property Owner and/or the applicable Transferee(s) in its or their discretion, as applicable, may terminate this Agreement, but only with respect to the portion(s) of the Property owned by Property Owner and/or the applicable Transferee(s); provided, however, that Property Owner and/or the applicable Transferee(s) shall first deliver written notice of the alleged Default to the City setting forth the nature of the Default and the actions required by the City to cure such Default. Upon receipt of such notice, the City shall promptly commence to cure -26-
the identified Default and shall take such actions and cure such Default not later than sixty (60) days after receipt of such notice, or such longer period as is reasonably necessary to remedy such Default, provided that the City commences such remedy within such sixty (60)-day period and diligently and continuously proceeds to complete such actions and cure the Default. If the City fails to remedy the Default in accordance with the preceding sentence, Property Owner and/or the applicable Transferee(s) may then proceed to terminate this Agreement only with respect to the portion(s) of the Property owned by Property Owner and/or the applicable Transferee(s). Prior to termination, the City and Property Owner and/or any applicable Transferee(s) may mutually agree, in their respective sole and absolute discretion, to pursue an alternative dispute resolution process.
8. INDEMNIFICATION.
8.1. Indemnity Obligations. Property Owner hereby agrees to defend, indemnify, and hold harmless the City and any City Agency, from any third-party action or proceeding ("Proceeding") against the City or any City Agency involving a Claim (a) to set aside, void, or annul, all or any part of this Agreement or (b) for any damages for property damage, personal injury or death that may arise, directly or indirectly, from Property Owner, Property Owner's contractors, subcontractors, agents or employees operations in connection with the construction of the Project, whether operations be by Property Owner or any of Property Owner's contractors, subcontractors, by any one or more Persons directly or indirectly employed by, or acting as agent for Property Owner or any of Property Owner's contractors or subcontractors. In the event that the City, upon being served with a lawsuit or other legal process to set aside, void or annul all or part of any Project Approval, fails to promptly notify Property Owner in writing of the Proceeding, Property Owner shall thereafter be relieved of the obligations imposed in this Section 8.1.
However, if Property Owner has actual written notice of the Proceeding, it shall not be relieved of the obligations imposed hereunder, notwithstanding the failure of the City to provide prompt written notice of the Proceeding. The City shall be considered to have failed to give prompt written notification of a Proceeding if the City, after being served with a lawsuit or other legal process challenging the Approvals, unreasonably delays in providing written notice thereof to Property Owner. As used herein, "unreasonably delay" shall mean any delay of more than thirty (30) days that materially adversely impacts Property Owner's ability to defend the Proceeding. The obligations imposed in this Section 8.1 shall apply notwithstanding any allegation or determination in the Proceedings that the City acted contrary to Applicable Law. Nothing in this Section 8.1 shall be construed to mean that Property Owner or any of its affiliates shall indemnify, hold the City harmless and/or defend it from any Claims arising from, or alleged to arise from, the City's intentional misconduct or gross negligence in the performance of this Agreement. To the extent that the Transfer of all or a portion of the Property to any Transferee(s) has occurred prior to a Proceeding, the provisions of this Section 8.1 shall apply to such Transferee(s) in place of, or in addition to, Property Owner, as applicable.
8.2. Prevailing Wage Indemnity and Notice to Property Owner of Labor Code Section 1781. In connection with, but without limiting, the indemnification obligations set forth in Section 8.1, Property Owner hereby expressly acknowledges and agrees that the City is not by this Agreement affirmatively representing, and has not previously affirmatively represented, to the Property Owner or any contractor(s) of Property Owner for any construction on or Development on or adjacent to the Property, in writing or otherwise, in a call for bids or any agreement or -27-
otherwise, that any work to be undertaken on the Property, as may be referred to in this Agreement or construed under this Agreement, is not a "public work," as defined in Labor Code section 1720, or under any similar existing or hereinafter enacted law or regulation. The Parties agree that, in connection with the Property Owners' or Transferee's Development and construction (as defined by Applicable Law) of the Project, including, without limitation, any and all public works (as defined by Applicable Law), Property Owner or Transferee shall bear all risks of payment or nonpayment of prevailing wages under California law and/or federal law and/or the implementation of Labor Code section 1781, as the same may be amended from time to time, and/or any other similar law. With respect to the foregoing, Property Owner or Transferee shall be solely responsible, with regard to work performed by or under the direction of Property Owner or Transferee, expressly or impliedly and legally and financially, for determining and effectuating compliance with all applicable federal, state and local public works requirements, prevailing wage laws, and labor laws and standards, and City makes no representation, either legally and/or financially, as to the applicability or non-applicability of any federal, state and local laws to the Property Owners' or Transferee's construction of the Project as it may be amended pursuant hereto or otherwise.
Without limiting the foregoing, Property Owner shall indemnify, protect, defend and hold harmless the City and any City Agency, with counsel reasonably acceptable to City, from and against "increased costs" as defined in Labor Code section 1781 (including City's reasonable attorneys' fees, court and litigation costs, and fees of expert witnesses) in connection with the Development or construction (as defined by Applicable Law) of or on the Property, that results or arises in any way from (1) non-compliance by Property Owner of the requirement, if and to the extent applicable, to pay federal or state prevailing wages and hire apprentices, or (2) failure by Property Owner to provide any required disclosure or identification as required by Labor Code sections 1720 et seq. including without limitation specifically Labor Code section 1781, as the same may be amended from time to time. The foregoing indemnity shall survive the expiration or earlier termination of this Agreement. To the extent that the Transfer of all or a portion of the Property to any Transferee(s) has occurred prior to a Proceeding, the provisions of this Section 8.2 shall apply to such Transferee(s) in place of, or in addition to, Property Owner, as applicable.
8.3. Cooperation. The City shall reasonably cooperate with Property Owner in the defense of the Proceeding, provided that Property Owner reimburses the City for its Costs for such cooperation. Such obligation of the City to cooperate in its defense shall not require the City to (a) assert a position in its defense of the Proceeding which it has determined, in its sole discretion, has no substantial merit, (b) advocate in its defense of the Proceeding legal theories which it has determined, in its sole discretion, lack substantial merit, or (c) advocate in its defense of the Proceeding legal theories which it has determined, in its sole discretion, are contrary to its best interests, or to public policy. Nothing contained in this Section 8 shall require Property Owner to refrain from asserting in its defense of the Proceeding positions or legal theories that do not satisfy the foregoing requirements. The indemnity obligations in this Section 8 shall not apply to any Claim for which Property Owner has provided a separate indemnity to the City by way of a separate instrument executed by the Parties. To the extent that the Transfer of all or a portion of the Property to any Transferee(s) has occurred prior to a Proceeding, the provisions of this Section
8.2 shall apply to such Transferee(s) in place of, or in addition to, Property Owner, as applicable. -28-
8.4. Insurance Proceeds. Property Owner's or any Transferee's obligations shall be reduced by net insurance proceeds the City actually receives for the matter giving rise to indemnification, and the City shall tender any Claim that is subject to this Section 8 to its applicable insurer(s).
8.5. Challenge to Enforceability of Specific Obligations. The Parties have determined in good faith that each of the provisions of this Agreement is valid and enforceable.
Notwithstanding, if a court of competent jurisdiction finds invalid or unenforceable any provision of this Agreement purporting to supersede or otherwise render ineffectual any Applicable Law, Property Owner and/or the City shall perform its obligations hereunder as specifically directed by such court of competent jurisdiction.
9. MORTGAGEE PROTECTION.
9.1. Encumbrances on the Property. The Parties agree that this Agreement shall not prevent or limit Property Owner from encumbering the Property or any estate or interest therein, portion thereof, or any improvement thereon, in any manner whatsoever by one or more mortgages, deeds of trust, sale and leaseback, or other form of secured financing (each, a "Mortgage") with respect to the Development, use or operation of the Project and portions thereof. The City acknowledges that the lender(s) providing such Mortgages may require certain Agreement interpretations and modifications and agrees, upon request, from time to time, to meet with Property Owner and representatives of such lender(s) to negotiate in good faith any such request for interpretation or modification. The City shall not unreasonably withhold its consent to any such requested interpretation or modification provided City determines such interpretation or modification is consistent with the intent and purposes of this Agreement. If the City agrees to such interpretation or modification, the City agrees to execute and deliver (and to acknowledge, if necessary, for recording purposes) any agreement necessary to effectuate such interpretation or modification; provided, however, that any such interpretation or modification shall not in any way materially adversely affect any rights of either Party under this Agreement. If there is any conflict between this Section 9 and any other provisions contained in this Agreement, this Section 9 shall control.
9.2. Mortgagee Protection. To the extent legally permissible, this Agreement shall be superior and senior to any lien placed upon the Property, or any portion thereof, including the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value. Any acquisition or acceptance of title or any right or interest in or with respect to the Property or any portion thereof by the holder of the beneficial interest under a Mortgage (a "Mortgagee"), pursuant to foreclosure, trustee's sale, deed in lieu of foreclosure, lease or sublease termination or otherwise, shall be subject to all of the terms and conditions of this Agreement, provided that any such Mortgagee, including its affiliate, that takes title to the Property or the applicable portion thereof shall be entitled to the portion of the benefits arising under this Agreement that apply to the portion of the Property that was the subject of the foreclosure, trustee's sale, deed in lieu of foreclosure, lease or sublease termination or other exercise of rights by Mortgagee. -29-
9.3. Mortgagee Not Obligated. Notwithstanding any contrary provision in this Agreement, no Mortgagee shall have any obligation or duty pursuant to this Agreement to perform the obligations of Property Owner or other affirmative covenants of Property Owner hereunder, or to guarantee such performance, except that Mortgagee and any successor shall have no vested right under this Agreement to develop the Project or applicable portion thereof without fully complying with the terms of this Agreement and executing and delivering to the City, in a form and with terms reasonably acceptable to the City, an assumption agreement of Property Owner's obligations hereunder with respect to the applicable portion of the Property.
9.4. Request for Notice to Mortgagee. Any Mortgagee that has submitted a request in writing to the City in the manner specified herein for giving notices shall be entitled to receive reasonably prompt written notification from the City of any notice of noncompliance given to Property Owner with respect to the performance of Property Owner's obligations under this Agreement.
9.5. Mortgagee's Time to Cure. If the City timely receives a written request from a Mortgagee requesting a copy of any notice of noncompliance given to Property Owner under the terms of this Agreement, the City shall provide a copy of such notice to Mortgagee within ten (10) days of sending such notice to Property Owner. Mortgagee shall have the right, but not the obligation, to cure the non-compliance for a period of sixty (60) days after Mortgagee receives written notice of noncompliance, or any longer period as is reasonably necessary, not to exceed one hundred twenty (120) days to remedy such items of noncompliance, provided that Mortgagee shall continuously and diligently pursue the remedy at all times until the item of noncompliance is cured.
9.6. Bankruptcy. If any Mortgagee is prohibited from commencing or prosecuting foreclosure or other appropriate proceedings in the nature of foreclosure by any process or injunction issued by any court or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceedings involving Property Owner, the times specified in Section 9.5, above, shall be extended for the period of the prohibition but not to exceed one (1) year, except that any such extension shall not extend the Term of this Agreement.
9.7. Disaffirmation. If this Agreement is terminated by reason of (a) any default or (b) as a result of a bankruptcy proceeding, this Agreement is disaffirmed by a receiver, liquidator, or trustee for Property Owner or its property, the City, if requested by any Mortgagee, shall negotiate in good faith with such Mortgagee for a new development agreement for the Project as to such portion of the Property with the most senior Mortgagee requesting such new agreement.
This Agreement does not require any Mortgagee or the City to enter into a new development agreement pursuant to this Section 9.7.
9.8. Estoppel Certificate. The City shall, at any time and within thirty (30) days following the written request of a Mortgagee, certify in writing to such Mortgagee that (a) this Agreement is in full force and effect and a binding obligations of the parties hereto, (b) this Agreement has not been amended or modified or, if so amended or modified, identifying the amendments and modifications, and (c) Property Owner is not in Default in the performance of its obligations under this Agreement or, if in Default, to describe therein the nature and extent of any -30-
such default. Any such estoppel certificate shall be administratively issued by the Director of Planning/Community Development or his/her representative or designee.
10. MISCELLANEOUS PROVISIONS.
10.1. Property Owner Challenge to Agreement. In no event shall Property Owner bring or cause to bring a lawsuit in any court against City to invalidate any provision in this Agreement that would result in the ability of Property Owner to keep the Development Approvals without having to comply with the terms and conditions of this Agreement, provided that the foregoing shall not limit or otherwise affect Property Owner's rights and remedies under Section 7, above.
10.2. Recordation of Agreement. As provided in Government Code section 65868.5, this Agreement shall be recorded in the Official Records within ten (10) days following its execution by all Parties. Amendments of this Agreement approved by the City and executed by Property Owner and/or any Transferee(s), and any full or partial termination of this Agreement, shall be similarly recorded.
10.3. Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the Parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.
10.4. Estoppel Certificate. The City shall, at any time and within thirty (30) days following the written request of Property Owner or a Transferee, certify in writing to Property Owner and/or such Transferee that (a) this Agreement is in full force and effect and a binding obligations of the parties hereto, (b) this Agreement has not been amended or modified or, if so amended or modified, identifying the amendments and modifications, and (c) Property Owner is not in Default in the performance of its obligations under this Agreement or, if in default, to describe therein the nature and extent of any such Default. Any such estoppel certificate shall be administratively issued by the CD Director or his or her representative or designee. Any third party shall be entitled to rely on such estoppel certificate.
10.5. Severability. If any provisions, conditions, or covenants of this Agreement, or the application thereof to any circumstances of either Party, shall be held invalid or unenforceable, the remainder of this Agreement or the application of such provision, condition or covenant to Persons or circumstances other than those as to whom or which it is held invalid or unenforceable shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law.
10.6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The Parties agree that all legal actions (including, without limitation, proceedings at law or in equity) arising out of this Agreement, shall be commenced and maintained only in Orange County Superior Court, in any other appropriate court in the County of Orange, or in the United States District Court for the Central District of California, Southern Division. Each Party hereby agrees to submit to the jurisdiction of any and -31-
all such courts and further agree that venue shall be proper only in such courts. This Section shall survive the termination of this Agreement.
10.7. Equitable Servitudes and Covenants Running with the Land. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do, or refrain from doing, some act with regard to the Development or sale of the Property: (a) is for the benefit of and is a burden upon the Property or a portion thereof, as applicable; (b) runs with the Property and each portion thereof or a portion thereof, as applicable; and (c) is binding upon each Party and each Transferee of the Property or any portion thereof. Nothing herein, however, shall waive or limit the provisions of Section 2.2, above, and no Transferee of the Property, any portion of it, or any interest in it shall have any rights except those validly assigned to such Transferee in writing pursuant to Section 2.2, above. In any event, no owner or tenant of an individual completed residential unit or non-residential space within the Project shall have any rights under this Agreement.
10.8. Notices. All notices and other communications required or permitted to be given under this Agreement (a "Notice") shall be in writing and shall be (a) personally delivered by courier or overnight delivery service or mailed, certified or registered mail, return receipt requested, or (b) sent by electronic mail where expressly provided in this Agreement, but only if either (i) the recipient of the Notice acknowledges receipt of such transmission by email or (ii) a confirming copy of the Notice is sent by one of the methods set forth in clause (a), above, not later than the first business day following transmission. Any Notice shall be sent, transmitted, or delivered, as applicable, to the applicable Party at the following addresses:
If to City: City of Cypress
5275 Orange Avenue
Cypress, California 90730
Attention: City Manager
Email: [email protected]
with a copy to: Aleshire & Wynder, LLP
1 Park Plaza, Suite 1000
Irvine, CA 92614
Attention: William Wynder, Esq.
Email:[email protected]
If to Property Owner: Los Alamitos Race Course
4961 Katella Avenue
Los Alamitos, California 90720
Attention: Mr. Frank Sherren
Email: [email protected]
with a copy to: Sheppard, Mullin, Richter & Hampton LLP 350 S. Grand Avenue, 40th Floor
Los Angeles, California 90071-3640
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Attention: Jack H. Rubens, Esq.
Lauren K. Chang, Esq.
Emails: [email protected]
[email protected].
Personally and courier delivered notices shall be deemed given upon actual personal delivery to the designated address of the intended recipient. Mailed notices shall be deemed given upon the date of actual receipt as evidenced by the return receipt. Electronically mailed notices shall be deemed given upon the date the email is transmitted if transmitted without indication of delivery failure prior to 5:00 p.m. local time for the recipient (and if transmitted without indication of delivery failure after 5:00 p.m. local time for the recipient, then delivery will be deemed duly given at 9:00 a.m. local time for the recipient on the subsequent business day). Any address for notice, including the address for a Transferee may be changed or added from time to time by written notice to the other Party and any Transferee(s) that has assumed any rights and obligations under this Agreement.
10.9. Constructive Notice and Acceptance. Every Person that now or hereafter owns or acquires any right, title, interest in or to any portion of the Property, is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such Person acquired such interest in the Property.
10.10. Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between the City, Property Owner, and any Transferee(s). During the Term of this Agreement, clarifications to this Agreement and the Applicable Law may be appropriate with respect to the details of performance of the City, Property Owner, and any Transferee(s). If and when, from time to time, during the term of this Agreement, the City and Property Owner and/or any Transferee(s) agree that such clarifications are necessary or appropriate, they may effectuate such clarification through operating memoranda approved in writing by the City and Property Owner and/or any Transferee(s), which, after execution, must be attached hereto and become part of this Agreement and the same may be further clarified from time to time as necessary with future written approval by the City and Property Owner. Operating memoranda are not intended to and cannot constitute an amendment to this Agreement but are mere ministerial clarifications; therefore, public notices and hearings shall not be required. The City Manager shall determine whether a clarification may be accomplished through an operating memorandum or whether an amendment to this Agreement is required. The City Manager, or his or her designee, is authorized to execute such operating memoranda without further City Council action.
10.11. Interpretation. This Agreement shall be read and construed to fully effectuate, and to be consistent with, the language of the Municipal Code, Appendix I, Article 4, the Development Agreement Law, and this Agreement. The provisions of this Agreement shall be construed as a whole according to their fair meaning to achieve the objectives and purposes of the Parties, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Party or in favor of City shall not be employed in interpreting this Agreement. Each of the Parties having been represented by counsel in the negotiation and preparation hereof. -33-
10.12. Attorneys' Fees. In the event of any action between the City, Property Owner and/or any Transferee for enforcement or interpretation of any of the terms or conditions of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable costs and expenses, including without limitation court costs and attorneys' fees actually and reasonably incurred, as awarded by a court of competent jurisdiction; provided, however, that the hourly rate used to calculate "reasonable fees actually and reasonably incurred" shall not exceed the hourly rate for attorney's fees paid by the City. This Section shall survive the termination of this Agreement.
10.13. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.
10.14. Singular and Plural. As used herein, the singular of any word includes the plural where applicable.
10.15. Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.
10.16. Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought and refers expressly to this Section. No waiver of any right or remedy with respect to any occurrence or event shall be deemed a waiver of any right or remedy with respect to any other occurrence or event.
10.17. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit for the Parties and their successors and assigns, including Transferees.
No other Person shall have any right of action based upon any provision of this Agreement.
10.18. Force Majeure. Subject to the limitations set forth below, the Term of this Agreement and the time within which any Party shall be required to perform any act under this Agreement shall be extended by a period of time equal to the number of days during which performance of such act is rendered impossible by a Force Majeure Delay that is beyond the reasonable control of the Party seeking the extension. An extension of time shall be for the period of the Force Majeure Delay and shall commence to run from the time of the commencement of the cause, if written notice by the Party claiming such extension is sent to the other Party within thirty (30) days of the commencement of the cause. If written notice is sent after such thirty (30)-day period, then the extension shall commence to run upon the receipt of such notice. The cumulative extensions of time for Force Majeure Delays for individual performance obligations hereunder shall not exceed six (6) months, and the cumulative extensions of the expiration of this Agreement as a result of Force Majeure Delays shall not exceed one (1) year, unless otherwise agreed to in writing in accordance with Section 10.10 and Section 10.25.
10.19. Extension of Time Limits. The time limits set forth in this Agreement may be extended by mutual consent in writing of the Parties without amendment to this Agreement. Except as otherwise specified in this Agreement, each Party may agree or refuse to agree to any extension of time in its sole and absolute discretion.
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10.20. Successors in Interest. As provided in Government Code section 65868.5, the provisions contained in this Agreement shall be binding upon, and inure to the benefit of, City and Property Owner, Transferees of Property Owner and their respective successors and assigns.
10.21. Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if each of the Parties had executed the same instrument.
10.22. Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the Development of the Project is a private undertaking, that no Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the provisions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Property Owner is that of a government entity regulating the Development of private property and the owner of such property.
10.23. Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement.
Upon the request of any Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement.
10.24. Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain.
10.25. Amendments. This Agreement may be amended from time to time only by written consent of both Parties (or in lieu of and/or in addition to Property Owner, as applicable, any Transferee(s) of the Property or any portion thereof) in accordance with Government Code section 65868, except as otherwise provided in Section 10.10, above, and Section 10.27 below.
10.26. Authority to Execute. Property Owner and the City each represents and warrants that the Person(s) executing this Agreement on their behalf have the authority to execute this Agreement and bind that Party to the performance of its obligations hereunder.
10.27. Amendment of Legal Description and Depiction. It is anticipated that following the recordation of this Agreement, Property Owner and Grace Church will effect a land swap pursuant to which Grace Church will own Lot 8 in VTTM 19247 and Property Owner will own Lots 5 and 10 in VTTM 19247. Therefore, following the recordation of the "A" final map that corresponds to VTTM 19247 and such land swap, Exhibit A and Exhibit B to this Agreement shall be amended to reflect that the Property includes Lots 1, 2, 3, 4, 5, 6, 7, 10, 11, 12, 13 and 14 and the lettered lots in such final map, and such amendment shall be considered a mere ministerial clarification, so that no public notice, hearing or City Council approval shall be required. -35-
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first set forth above.
"City":
CITY OF CYPRESS,
a charter city and municipal corporation
By______________________________
Mayor
ATTEST:
By______________________
City Clerk
Date: ______________, 2026
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
By______________________
City Attorney
-36-
"Property Owner":
LOS ALAMITOS RACE COURSE,
a California general partnership
By: Los Alamitos Racing Association, a
California corporation, a general partner
By_____________________________
Edward C. Allred,
President
By_____________________________
Cathleen Allred,
Secretary
By: Quarter Horse Racing, Inc., a California
corporation, a general partner
By_____________________________
Edward C. Allred,
Chief Executive Officer
By_____________________________
Cathleen Allred,
President and Secretary
CYPRESS GC, LLC,
a California limited liability company
By_____________________________
Edward C. Allred,
its Managing Member
A-1
EXHIBIT A
Legal Description of the Property
All that certain real property located in the City of Cypress, County of Orange, State of California, and described as follows:
LARC/CYPRESS GC PROPERTY
Parcel A: (APNs: 241-081-02, 241-081-23, 241-091-21, 241-221-22, 241-221-25, 241-221-26, 241-221- 27, 241-221-28, 241-221-30 and 241-091-50 and 241-091-51) Being all of Parcel 1 of Lot Line Adjustment No. 2019-01, recorded January 23, 2020, as Instrument No. 2020000030639 of Official Records in the Office of the County Recorder of said County.
Excepting therefrom, all minerals and all mineral rights of every kind and character now known to exist or hereafter discovered underlying the property, including, without limiting the generality of the foregoing, oil and gas and rights thereto, together with the sole, exclusive and perpetual right to explore for, remove and dispose of said minerals by any means or methods suitable to grantor, its successors and assigns, but without entering upon or using the surface of the property, and in such manner as not to damage the surface of the property, or to interfere with the use thereof by grantee, its successors or assigns, by Quitclaim Deed recorded August 6, 2001, as Instrument No. 20010534711 of Official Records.
Parcel B: (APNs: 241-091-37 and 241-232-37)
Parcel 2 of Lot Line Adjustment No. 2017-01, recorded May 9, 2018, as Instrument No. 2018000168853 of
Official Records in the Office of the County Recorder of said County.
Also excepting from a portion thereof, all minerals and all mineral rights of every kind and character now known to exist or hereafter discovered underlying the property, including, without limiting the generality of the foregoing, oil gas and rights thereto, together with the sole, exclusive and perpetual right to explore for, remove and dispose of said minerals by any means or methods suitable to grantor, its successors and assigns, but without entering upon or using the surface of the property, and such manner as not to damage the surface of the property, or interfere with the use thereof by grantee, its successors and assigns, provided however, that grantor, its successors and assigns, without the prior written permission of the grantee, its successors or assigns, shall not conduct any mining activities of whatsoever nature above a plane 500 feet below the surface of the property, as reserved by Union Pacific Railroad Company, a Delaware corporation recorded December 31, 2003, as Instrument No. 2003001534651 of Official Records.
Parcel C:
A non-exclusive easement for vehicular, equestrian and pedestrian ingress and egress as described in Easement Agreement recorded May 31, 2018, as Instrument No. 2018000198493 of Official Records and more particularly described as follows:
That portion of Parcel 1 of Parcel Map No. 90-241, in the City of Cypress, County of Orange, State of California, per map filed in Book 259, Pages 1 through 12, inclusive, of Parcel Maps, in the Office of the County Recorder of said County, described as follows:
Commencing at the southwest corner of said Parcel 1;
thence along the Westerly line of said Parcel 1 North 00°03'32" West, 347.00 feet; A-2
thence leaving said Westerly line South 41°07'10" East, 459.77 feet, to a point on the Southerly line of said Parcel 1, distant thereon North 89°52'46" East, 302.00 feet, from the Southwest corner thereof, said point being the true point of beginning;
thence along said Southerly line of Parcel 1 North 89°52'46" West, 485.30 feet; thence parallel with said Westerly line of Parcel 1 North 00°03'32" West, 24.00 feet, to a line parallel with and 24.00 feet Northerly of said Southerly line of Parcel 1; thence along said last parallel line South 89°52'46" West, 506.19 feet, to the hereinabove described course bearing "South 41°07'10" East";
thence along said last course South 41°07'10" East, 31.80 feet, to the true point of beginning.
GRACE CHURCH PROPERTY
PARCEL A:
PARCEL 1, AS SHOWN ON LOT LINE ADJUSTMENT NO. LL 2009-02, AS EVIDENCE BY DOCUMENT RECORDED JANUARY 21, 2010, AS INSTRUMENT NO. 201000031686 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1 OF LOT LINE ADJUSTMENT 95-3, IN THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED JUNE 30, 1997, AS INSTRUMENT NO. 19970303502, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
TOGETHER WITH THAT PORTION OF PARCEL 1 OF LOT LINE ADJUSTMENT 98-3, IN THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED JANUARY 12, 1999, AS INSTRUMENT NO. 19990020764, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 1 OF SAID LOT LINE ADJUSTMENT 95-3; THENCE ALONG THE EAST LINE OF PARCEL 1 OF SAID LOT LINE ADJUSTMENT 98-3, SOUTH 00°04'47" EAST TO A LINE THAT IS PARALLEL WITH AND DISTANT 158.15 FEET FROM THE SOUTH LINE OF PARCEL 1 OF SAID LOT LINE ADJUSTMENT 95-3; THENCE ALONG SAID PARALLEL LINE SOUTH 89°55'13" WEST 550.87 FEET TO THE SOUTHERLY PROLONGATION OF THAT CERTAIN COURSE IN THE WEST LINE OF SAID PARCEL 1, HAVING A BEARING AND DISTANCE OF "N 00°04'47" W 575.52 FEET", AS SHOWN ON SAID LOT LINE ADJUSTMENT 95-3; THENCE ALONG SAID PROLONGATION NORTH 00°04'47" WEST 158.15 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG SAID SOUTH LINE NORTH 89°55'13" EAST 550.87 FEET TO THE POINT OF BEGINNING.
PARCEL B:
A NON-EXCLUSIVE PERPETUAL EASEMENT, AS SAID EASEMENT IS SET FORTH IN THAT CERTAIN ACCESS AND UTILITY EASEMENT AGREEMENT RECORDED JULY 19, 1991, AS INSTRUMENT NO. 91- 377517 AND AMENDED BY THAT CERTAIN FIRST AMENDMENT TO EASEMENT AGREEMENT RECORDED FEBRUARY 13, 2003, AS INSTRUMENT NO. 2003000165238, BOTH OF OFFICIAL RECORDS OF ORANGE
COUNTY, CALIFORNIA, FOR THE PURPOSE OF PEDESTRIAN AND VEHICULAR ACCESS OVER THOSE PORTIONS OF PARCELS 1 AND 4 OF PARCEL MAP NO. 2000-193, AS SHOWN ON A MAP FILED IN BOOK 321, PAGES 13 AND 14 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
ORANGE COUNTY, CALIFORNIA, INCLUDED WITHIN THAT CERTAIN STRIP OF LAND DELINEATED THEREON AS "B - INDICATES AN EASEMENT FOR ACCESS PURPOSES, INGRESS AND EGRESS, RESERVED HEREON FOR FUTURE CONVEYANCE".
A-3
APN 241-081-08 (Affects a portion of the land);
241-081-12 (Affects a portion of the land); and
241-081-22 (Affects a portion of the land)
Notwithstanding the foregoing, the Property does not include Lots 8 and 9 in VTTM 19247.
B-1
EXHIBIT B
Map Showing Property and Its Location
C-1
EXHIBIT C
Mitigation Monitoring and Reporting Program
MITIGATION MONITORING AND REPORTING P ROGRAM
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S PECIFIC P LAN 3.0 BUILDOUT P ROJECT
C YPRESS , C ALIFORNIA
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MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MONITORING REQUIREMENTS
California Public Resources Code (PRC) Section 21081.6, which is part of the California Environmental Quality Act (CEQA) statute, mandates that the following requirements shall apply to all reporting or mitigation monitoring programs:
• The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes that have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead agency or a responsible agency, prepare and submit a proposed reporting or monitoring program.
• The lead agency shall specify the location and custodian of the documents or other materials that constitute the record of proceedings upon which its decision is based. • The lead agency shall provide measures to mitigate or avoid potentially significant effects on the environment that are fully enforceable through permit conditions, agreements, or other measures. Conditions of project approval may be set forth in referenced documents that address required mitigation measures or, in the case of the adoption of a plan, policy, regulation, or other project, by incorporating the mitigation measures into the plan, policy, regulation, or project design.
• Prior to the close of the public review period for a draft environmental impact report, a responsible agency, or a public agency having jurisdiction over natural resources affected by the project, shall either (1) submit to the lead agency complete and detailed performance objectives for mitigation measures that would address the significant effects on the environment identified by the responsible agency or agency having jurisdiction over natural resources affected by the project, or (2) refer the lead agency to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to a lead agency by a responsible agency or an agency having jurisdiction over natural resources affected by the project shall be limited to measures that mitigate impacts to resources that are subject to the statutory authority of, and definitions applicable to, that agency. Compliance or noncompliance with that requirement by a responsible agency or agency having jurisdiction over natural resources affected by a project shall not limit the authority of the responsible agency or agency having jurisdiction over natural resources affected by a project, or the authority of the lead agency, to approve, condition, or deny projects as provided by this division or any other provision of law.
S PECIFIC P LAN 3.0 BUILDOUT P ROJECT
C YPRESS , C ALIFORNIA
MITIGATION MONITORING AND REPORTING P ROGRAM
J UNE 2026
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MITIGATION MONITORING PROCEDURES
The mitigation monitoring and reporting program for the proposed Specific Plan 3.0 Buildout Project (proposed project) has been prepared in compliance with PRC Section 21081.6. It describes the requirements and procedures to be followed by the City of Cypress (City), as the Lead Agency, to ensure that all mitigation measures adopted as part of the proposed project will be carried out as described in the Final Environmental Impact Report (EIR).
Table A: Mitigation Monitoring and Reporting Program sets forth the proposed mitigation monitoring and reporting program. It lists each of the mitigation measures specified in Chapter 4.0 of the Draft EIR and identifies the party or parties responsible for implementation and monitoring of each measure.
REGULATORY COMPLIANCE MONITORING PROCEDURES
Table B: Regulatory Compliance Measures lists all regulatory compliance measures associated with the proposed project as specified in in Chapter 4.0 of the Draft EIR and describes the requirements and procedures to be followed by the City to ensure that all standard conditions will be carried out as described in the Draft EIR.
MITIGATION MONITORING AND REPORTING P ROGRAM
J UNE 2026
S PECIFIC P LAN 3.0 BUILDOUT P ROJECT
C YPRESS , C ALIFORNIA
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Mitigation Measures Monitoring
Milestone Responsible Party Verification of Compliance
Initials Date Remarks
4.3: Air Quality
Mitigation Measure AIR-1: Prior to issuance of grading permits for development projects in the Buildout Area, a future project applicant in collaboration with the City of Cypress Planning Division shall identify project design details and specifications, where feasible, to document implementation and compliance with emission reduction measures. The City of Cypress Planning Division shall verify compliance through: (1) review and approval of construction drawings and building permit submittals
demonstrating incorporation of the emission-reduction measures; (2) documentation or reporting from the contractor or a future project applicant, as deemed necessary by the City of Cypress Planning Division, demonstrating adherence to approved
measures.
The measures below shall be implemented and updated as
necessary as they are considered feasible and effective in reducing criteria pollutant emissions generated by the project. These measures shall be reviewed and updated in accordance with the most recent emission-reduction and emission-minimization guidance available, including, at a minimum, the California Air Pollution Control Officers Association (CAPCOA) 2024 guidance. A future project applicant shall incorporate all feasible and updated measures into the final construction drawings, building plans, and contractor specifications for City review, including, but not limited to, the following:
Provide building access and paths which are physically separated from street parking lot traffic and that eliminate physical barriers such as walls, berms, landscaping and slopes that impede the use of pedestrians, bicycle facilities, or public transportation vehicles.
Provide continuous sidewalks separated from the roadway by landscaping and on street parking.
Provide a parking lot design that includes clearly marked and shaded pedestrian pathways between transit facilities and building entrances.
Prior to issuance
of grading
permits for
development
projects in the
Buildout Area
City of Cypress /
Future Project
Applicant(s)
S PECIFIC P LAN 3.0 BUILDOUT P ROJECT
C YPRESS , C ALIFORNIA
MITIGATION MONITORING AND REPORTING P ROGRAM
J UNE 2026
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Mitigation Measures Monitoring
Milestone Responsible Party Verification of Compliance
Initials Date Remarks
Provide preferential parking spaces near the entrance of buildings for those who carpool/vanpool/rideshare and provide signage.
Install electric vehicle charging capabilities that meet the requirements of the latest version of the California Green Building Standards Code (CALGreen Code) Tier 2 Voluntary Standards.
Install ENERGY STAR certified heating, cooling, and lighting devices, and appliances or equivalent.
Install only electric fireplaces.
Install low-flow water fixtures.
Utilize energy-efficient design features, including appropriate site orientation, use of lighter color roofing and building materials, and use of deciduous shade trees and windbreak trees to reduce fuel consumption for heating and cooling. Use light-colored paving and roofing materials.
Use low-volatile organic compound (VOC) paints with 10 grams per liter or less.
Require the use of all-electric landscaping equipment. Maximizing the planting of trees in landscaping and parking lots.
Mitigation Measure AIR-2: All construction activities in the Buildout Area shall utilize U.S. EPA Tier 4 Final diesel construction equipment for equipment rated at greater than 50 brake
horsepower (bhp) if and to the extent commercially available, or the cleanest available equipment and technology that is commercially available and feasible at the time of construction (e.g., zero-emission or equivalent low-emission equipment), to minimize diesel particulate matter (DPM) emissions.
If Tier 4 Final equipment is not commercially available for a majority of the construction equipment and an individual development project would be larger than 20 acres, the City shall require preparation of a construction Health Risk Assessment (HRA) for such development project.
Prior to and
during
construction
activities
City of Cypress /
Construction
Contractor
MITIGATION MONITORING AND REPORTING P ROGRAM
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S PECIFIC P LAN 3.0 BUILDOUT P ROJECT
C YPRESS , C ALIFORNIA
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Mitigation Measures Monitoring
Milestone Responsible Party Verification of Compliance
Initials Date Remarks
If a construction HRA is required, it shall be prepared in accordance with current OEHHA methodology and applicable SCAQMD CEQA and health risk assessment guidance. Additional feasible risk-reduction measures identified through the HRA process shall be implemented as determined necessary by the City.
4.4: Biological Resources
Mitigation Measure BIO-1: Jurisdictional Delineation. Prior to commencing construction activities that would impact any of the identified aquatic resources in Lots 2, 3, 4, 6 and 7 of Vesting Tentative Tract Map (VTTM) 19247, a jurisdictional delineation shall be conducted, as follows:
Regional Water Quality Control Board (RWQCB) Jurisdiction (Waters of the State): Delineation shall follow the State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (State Water Resources Control Board [SWRCB] 2019).
California Department of Fish and Wildlife (CDFW) Jurisdiction (Streambed Alteration Program): The extent of CDFW
jurisdiction shall be identified consistent with California Fish and Game Code §§ 1600–1616, including the outer limits of the bed, bank, and channel and the extent of any associated riparian vegetation.
US Army Corps of Engineers (USACE) Jurisdiction (Waters of the United States [WOTUS]): The determination that no federal WOTUS occur onsite shall be documented consistent with 33 CFR § 328.3, the USACE 1987 Wetland Delineation Manual, and the appropriate Regional Supplement (USACE 2008).
If impacts to RWQCB and/or CDFW jurisdictional waters are expected to occur, appropriate permits or authorization (e.g., Water Quality Certification/Waste Discharge Requirements, CDFW Lake and Streambed Alteration Agreement) shall be obtained prior to construction.
Prior to
commencement
of construction
activities that
would impact any
of the identified
aquatic resources
in Lots 2, 3, 4, 6,
and 7 of VTTM
19247
Future Project
Applicant(s) /
Qualified Delineator
S PECIFIC P LAN 3.0 BUILDOUT P ROJECT
C YPRESS , C ALIFORNIA
MITIGATION MONITORING AND REPORTING P ROGRAM
J UNE 2026
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Mitigation Measures Monitoring
Milestone Responsible Party Verification of Compliance
Initials Date Remarks
4.5: Cultural Resources
Mitigation Measure CUL-1: Prior to demolition activities of any character-defining features, the owner of Los Alamitos Race Course, or subsequent project proponents, shall make
photographs and memorabilia, including brochures, promotional flyers, marketing materials, special events announcements and the like (or copies of the same) available to a local library or an Orange County-based historical society:
a. For use in an exhibit(s) about horse racing, quarter horses, Frank Vessels, Sr. the Vessels family, pari-mutuel betting and/or the history of Cypress; and/or
b. To be part of a permanent archive for research purposes.
Prior to
demolition
activities of any
LARC characterdefining features
Owner of LARC or
Future Project
Applicant(s)
Mitigation Measure CUL-2: Require future development on portions of the Los Alamitos Race Course property to incorporate one or more of the following:
a. A historical marker that provides information about Frank Vessels, Sr. and Los Alamitos Race Course. The marker should be clearly visible and accessible to the public.
b. The Vessels’ name, the track logo, racing terminology, and/or the names or likenesses (e.g., statuary, wall or garden art, and photographs) of noteworthy Quarter Horses (such as Clabber, Go Man Go, or Moonist).
Prior to project
occupancy
Future Project
Applicant(s)
Mitigation Measure CUL-3: Prior to, or in conjunction with, approval of any demolition or development permits that involves the destruction of any portion of the Los Alamitos Race Course property, the Project Applicant should be required to commission documentation of the property in the form of Historic American Building Survey (HABS)-like documentation that complies with the Secretary of the Interior’s Standards for Architectural and Engineering Documentation (NPS 1990), if any of the characterdefining features as identified are still present. The documentation should generally follow the HABS Level III requirements and include digital photographic recordation of the complex, a detailed historic narrative report, and compilation of historic research.
Photographic documentation should include:
Prior to, or in
conjunction with,
approval of any
demolition or
development
permits that
involves the
destruction of
any portion of the
LARC property
Future Project
Applicant(s) /
Qualified
Architectural
Historian
MITIGATION MONITORING AND REPORTING P ROGRAM
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C YPRESS , C ALIFORNIA
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Mitigation Measures Monitoring
Milestone Responsible Party Verification of Compliance
Initials Date Remarks
General views of the site and landscape as a whole
Photographs of the 550-yard chute, track, and winner’s circle Photographs of each exterior elevation of all buildings and structures in the complex
Photographs of the interior of the Grandstand.
The documentation should be completed by a qualified
architectural historian or historian who meets the Secretary of the Interior’s Professional Qualification Standards for History and/or Architectural History (NPS 1983). The original archival-quality documentation shall be offered as donated material to the following entities: South Central Coastal Information Center at CSU Fullerton, Preserve Orange County, the Orange County Historical Society and other repositories to be determined such as local libraries and the American Quarter Horse Association Hall of Fame.
4.7: Geology and Soils
Mitigation Measure GEO-1: Implementation of Geotechnical Investigation Recommendations. Future development projects within the Buildout Area shall implement the recommendations of the Geotechnical Investigation prepared for the proposed project, to the satisfaction of the City of Cypress’ (City) Building Official, including, but not limited to:
Ground Improvement Techniques. Ground improvement
techniques shall be implemented in the Buildout Area beneath any structure intended for human occupancy. Ground improvements may consist of rammed aggregate piers, vibrated aggregate piers, or similar techniques. The ground improvements must be designed by a qualified ground improvement contractor through
coordination with a geotechnical engineer and/or structural engineer to ensure liquefaction in the upper soils.
Building Foundation Techniques. Subsequent to the installation of any proposed ground improvements, proposed structures, mat or mat-type foundation systems will be used. Conventional
foundations may be utilized for support of the lighter at-grade structure if the ground improvements reduce the total and Prior to the
issuance of any
grading or
building permit
City of Cypress /
Future Project
Applicant(s)
S PECIFIC P LAN 3.0 BUILDOUT P ROJECT
C YPRESS , C ALIFORNIA
MITIGATION MONITORING AND REPORTING P ROGRAM
J UNE 2026
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Mitigation Measures Monitoring
Milestone Responsible Party Verification of Compliance
Initials Date Remarks
differential settlement to a threshold confirmed by the geotechnical engineer, the structural engineer, and the construction contractor.
Additional site testing and final design evaluation(s) shall be conducted by a geotechnical consultant to refine and/or enhance these requirements during buildout of the project on an as-needed basis. A future project applicant(s) shall require the geotechnical consultant to assess whether the recommendations in the Geotechnical Investigation need to be modified or refined to address any changes in the project features prior to start of grading. If the geotechnical consultant identifies modifications or refinements to the recommendations, the future project
applicant(s) shall make modifications to the final project design and specifications. Examples of additional measures could include:
a moisture or vapor retarding system below foundations, additional ground stabilization techniques like cement treatment or aggregate, or removal and replacement of existing soil to eliminate any unsuitable materials or undocumented fill. Design, grading, and construction shall be performed in accordance with applicable requirements in the Municipal Code, the California Building Code, local grading regulations, and any additional measures recommended by the geotechnical consultant in the subsequent geotechnical evaluation(s).
Mitigation Measure GEO-2: Procedures for Unexpected
Paleontological Resources Discoveries. If paleontological resources are discovered during ground-disturbing activities associated with the proposed project, construction personnel shall immediately halt work within 50 feet of the discovery, and a future project applicant/developer or construction supervisor shall contact a qualified paleontologist to assess the discovery for scientific importance. A qualified paleontologist is defined as a person with an M.S. or Ph.D. in geology or paleontology and who meets the standards set forth by the Society of Vertebrate Paleontology. The paleontologist shall make recommendations regarding the collection, treatment, and disposition of the discovery. Scientifically important resources shall be prepared to During grounddisturbing
activities
Construction
Contractor /
Qualified
Paleontologist
MITIGATION MONITORING AND REPORTING P ROGRAM
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S PECIFIC P LAN 3.0 BUILDOUT P ROJECT
C YPRESS , C ALIFORNIA
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Mitigation Measures Monitoring
Milestone Responsible Party Verification of Compliance
Initials Date Remarks
the point of identification, identified to the lowest taxonomic level possible, cataloged, and curated into the permanent collections of a museum repository. If paleontological resources are discovered, regardless of their scientific importance, paleontological monitoring shall be required for subsequent ground-disturbing activities at a frequency, depth, and/or interval determined by the paleontologist. Paleontological monitoring shall be conducted by a qualified paleontological monitor as set forth in the Society of Vertebrate Paleontology standards. At the conclusion of monitoring, a final monitoring report shall be prepared by the paleontologist to document the results of monitoring and project compliance with all regulations and project requirements. If scientifically important paleontological resources are recovered, this report shall also document those paleontological resources with a catalog, descriptions, and photographs as determined appropriate by the paleontologist. The final monitoring report shall be submitted to the City of Cypress Director of Community Development Department or designee for review and approval. A copy of this final report shall also accompany the fossil material to the museum repository.
Mitigation Measure GEO-3: Worker Sensitivity Training: Prior to issuance of grading permits, applicants for projects that would include ground-disturbing activities below 10 feet in undisturbed native sediments ranked as having a moderate or high
paleontological sensitivity shall be required to retain a qualified paleontologist meeting the requirements set forth by the Society of Vertebrate Paleontology. Prior to and during initial grounddisturbing activities, the qualified paleontologist (or their designee) shall provide worker environmental awareness training to construction personnel. Training shall include recognition of potential fossil materials, appropriate worker response protocols, and contact information for the paleontologist.
Prior to issuance
of grading
permits
Future Project
Applicant(s) /
Qualified
Paleontologist
S PECIFIC P LAN 3.0 BUILDOUT P ROJECT
C YPRESS , C ALIFORNIA
MITIGATION MONITORING AND REPORTING P ROGRAM
J UNE 2026
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Mitigation Measures Monitoring
Milestone Responsible Party Verification of Compliance
Initials Date Remarks
4.8: Greenhouse Gas Emissions
Mitigation Measure GHG-1: Prior to issuance of building permits, project applicants for future development within the Buildout Area shall demonstrate to the satisfaction of the City of Cypress (City) Planning Division that the proposed buildings incorporate feasible greenhouse gas (GHG) reduction strategies consistent with current State and local decarbonization goals. Compliance shall be demonstrated through building plans, energy modeling, California Green Building Standards Code (CALGreen Code) checklists, or similar documentation submitted during the plan check process, as deemed necessary by the City.
Future project applicants shall comply with either the All-Electric Design Path or the Efficient Mixed-Fuel Design Path, as described below:
Preferred Compliance Path: All Electric Design - Future development shall be designed and constructed without natural gas infrastructure or natural gas appliances. All space heating, water heating, cooking, and clothes drying systems shall be fully electric. Electrical service panels shall be sized to accommodate expected loads and future electrification needs.
Alternative Compliance Path: Efficient Mixed-Fuel Design - If a project proposes to install natural gas infrastructure or natural gas appliances, future project applicants shall implement a combination of GHG reduction measures sufficient to minimize GHG emissions from natural gas usage to the maximum extent feasible. Measures may include, but are not limited to, the following:
Exceed Title 24, Part 6 (Building Energy Efficiency Standards) performance requirements by 10–20 percent, where feasible, as demonstrated through energy modeling or prescriptive compliance documentation.
Install on-site solar photovoltaic (PV) systems to the maximum feasible extent, including on rooftops and parking canopy structures, where structurally and technically feasible.
Prior to issuance
of building
permits
City of Cypress /
Future Project
Applicant(s)
MITIGATION MONITORING AND REPORTING P ROGRAM
J UNE 2026
S PECIFIC P LAN 3.0 BUILDOUT P ROJECT
C YPRESS , C ALIFORNIA
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Mitigation Measures Monitoring
Milestone Responsible Party Verification of Compliance
Initials Date Remarks
Provide electric-ready infrastructure, including service panel capacity, conduit, wiring, and dedicated circuits, to allow future conversion to all-electric appliances and systems.
Design buildings to achieve, at minimum, Leadership in Energy and Environmental Design (LEED) Silver certification or an equivalent third-party green building rating.
Install programmable thermostats, advanced metering
infrastructure, and smart home energy management systems. Provide heating, ventilation, and air conditioning (HVAC) commissioning consistent with CALGreen Sections 5.410.2–
5.410.4, including a commissioning plan, functional
performance testing, and a commissioning report.
Install cool roof materials meeting an aged solar reflectance of ≥
0.30, or the most current CALGreen Code requirement,
whichever is more stringent.
Provide infrastructure to accommodate up to 50 percent recycled water use for landscape irrigation, where recycled water supply is available.
Use water-efficient irrigation systems, minimize turf, and incorporate native, low-water, or drought-tolerant plant species.
Install rainwater harvesting systems, where feasible. Prohibit or restrict the use of potable water for cleaning nonvegetated outdoor surfaces and prohibit systems that apply water to hardscape surfaces.
Implement and maintain robust solid waste diversion programs, including recycling and organic waste collection consistent with Senate Bill (SB) 1383 requirements.
All selected GHG reduction measures shall be clearly identified on improvement plans and construction drawings. Compliance with this measure shall be verified by City staff during plan check and confirmed through building inspection prior to final occupancy.
S PECIFIC P LAN 3.0 BUILDOUT P ROJECT
C YPRESS , C ALIFORNIA
MITIGATION MONITORING AND REPORTING P ROGRAM
J UNE 2026
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Mitigation Measures Monitoring
Milestone Responsible Party Verification of Compliance
Initials Date Remarks
4.9: Hazards and Hazardous Materials
Mitigation Measure HAZ-1: Prior to the issuance of a building permit, a future project applicant/developer shall demonstrate the recommendations provided in the Phase I Environmental Site Assessment (Phase I ESA) prepared for the Buildout Area have been, or will be, implemented. Recommendations provided in the Phase I ESA include the following:
Preparation and implementation of an Operations and
Maintenance (O&M) Program in order to safely manage the suspect asbestos-containing materials (ACMs) and/or leadbased paint (LBP) associated with the existing structures located within the Buildout Area; and
Providing a copy of this Draft Environmental Impact Report (EIR) and the Notice of Completion (NOC) to the Orange County Health Care Agency (OCHCA) in order to notify them of the proposed change in land use facilitated under the proposed project.
Prior to issuance
of a building
permit
Future Project
Applicant(s)
4.17: Transportation
Mitigation Measure TRA-1: Transportation Demand Management Strategies. The Development Agreement between the City and the Project Applicant regarding the proposed project shall include a provision requiring that any future project applicants for subsequent residential development projects within the Buildout Area demonstrate the project's consistency with the measures set forth in Items 1 and 2 below that are applicable to such project prior to its approval to the satisfaction of the City of Cypress Planning Director.
1. Construct or Improve Bike Facility (California Air Pollution Control Officers Association [CAPCOA] Handbook Strategy T19-A): This transportation demand management strategy requires the project to include a new bicycle facility or facilities or improve an existing facility that would connect the project to the existing regional bicycle network. The
construction/improvement of bicycle facilities would provide residents with the opportunity to bike to their destination During
preparation of
the Development
Agreement
City of Cypress /
Future Project
Applicant(s)
MITIGATION MONITORING AND REPORTING P ROGRAM
J UNE 2026
S PECIFIC P LAN 3.0 BUILDOUT P ROJECT
C YPRESS , C ALIFORNIA
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Mitigation Measures Monitoring
Milestone Responsible Party Verification of Compliance
Initials Date Remarks
rather than drive, reducing the number of vehicle trips and overall project-generated vehicle miles traveled (VMT).
2. Provide Pedestrian Network Improvement (CAPCOA
Handbook Strategy T-18): This transportation demand
management strategy requires the construction of off-site sidewalks to improve sidewalk coverage and pedestrian
access to the surrounding area.
4.18: Tribal Cultural Resources
Mitigation Measure TCR-1: Tribal Cultural Resources Training and ALERT Sheet Posting. Prior to the start of any ground-disturbing activities, a qualified archaeologist meeting the Secretary of the Interior standards, in consultation with a representative from a traditionally and culturally affiliated Native American Tribe, under the direction of the City of Cypress Planning Division, shall prepare a Cultural Resources Sensitivity Summary. This summary shall include a brief description of the types of archaeological and tribal cultural resources that may be encountered, visual examples (if available), reporting procedures in the event of a discovery, and appropriate contact information.
The summary shall be printed and posted in a visible location at the construction site for the duration of all ground-disturbing activities.
An initial worker environmental training shall be provided by a qualified archaeologist in collaboration with a tribal representative prior to the start of construction, under the direction of the City of Cypress Planning Division. The training shall include a review of applicable laws, procedures to follow if resources are discovered, and cultural sensitivity guidance. A sign-in sheet shall be maintained to document attendance. As construction progresses, the construction manager shall be responsible for ensuring that all new personnel receive the same information through on-site orientation and review of the posted materials. Documentation of ongoing training shall be maintained and made available to the City upon request.
Prior to the start
of any grounddisturbing
activities
Future Project
Applicant(s) /
Qualified
Archaeologist
S PECIFIC P LAN 3.0 BUILDOUT P ROJECT
C YPRESS , C ALIFORNIA
MITIGATION MONITORING AND REPORTING P ROGRAM
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Mitigation Measures Monitoring
Milestone Responsible Party Verification of Compliance
Initials Date Remarks
Mitigation Measure TCR-2: Retain a Native American Monitor Prior to Commencement of Ground-Disturbing Activities. Prior to the issuance of any grading permits for projects within the Buildout Area that would require “ground-disturbing activity,” where such disturbance activity would occur in undisturbed native sediment, a future project applicant/City shall retain a Native American Monitor from or approved by the Gabrieleño Band of Mission Indians – Kizh Nation (Tribe). “Ground-disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching on both on-site and any off-site locations that are included in the Project Description/ definition and/or required in connection with the projects, such as public improvement work.
A copy of the executed monitoring agreement shall be submitted to the Director of the City of Cypress Community Development Department, or their designee, prior to the earlier of the commencement of any ground-disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity.
The tribal monitor shall also provide appropriate insurance certificates.
The monitor shall complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of grounddisturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs shall identify and describe any discovered tribal cultural resources (TCRs), including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, “TCRs”), as well as any discovered Native American (ancestral) human remains and burial goods.
Copies of monitor logs shall be provided to the future project applicant/City upon written request to the Tribe.
On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Tribe from a designated Prior to the
issuance of any
grading permits
Future Project
Applicant(s) / Native
American Monitor
MITIGATION MONITORING AND REPORTING P ROGRAM
J UNE 2026
S PECIFIC P LAN 3.0 BUILDOUT P ROJECT
C YPRESS , C ALIFORNIA
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Mitigation Measures Monitoring
Milestone Responsible Party Verification of Compliance
Initials Date Remarks
point of contact for the future project applicant/City that all ground-disturbing activities and phases that may involve grounddisturbing activities in native (previously undisturbed) soil has occurred (i.e., no tribal monitoring shall be required for landscaping activities occurring after completion of project grading and trenching, as this soil will have been previously monitored) or in connection with the project are complete; or (2) a
determination and written notification by the Tribe to the future project applicant/City that no future, planned construction activity and/or development/construction phase associated with the project possesses the potential to impact TCRs.
Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Tribe’s monitor and/or archaeologist. The Tribe will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural, and/or historic purposes.
Mitigation Measure TCR-3: Unanticipated Discovery of Human Remains and Associated Funerary Objects. Native American human remains are defined in Public Resources Code (PRC) Section 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in PRC Section 5097.98, are also to be treated according to this statute.
If Native American human remains and/or grave goods are discovered or recognized during ground-disturbing activities associated with projects within the Buildout Area, then all construction activities shall immediately cease within 50 feet of the find. Health and Safety Code Section 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and all ground-disturbing activities shall immediately halt and shall remain halted until the Coroner During grounddisturbing
activities
Construction
Contractor / County
Coroner / Most
Likely Descendant
S PECIFIC P LAN 3.0 BUILDOUT P ROJECT
C YPRESS , C ALIFORNIA
MITIGATION MONITORING AND REPORTING P ROGRAM
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Mitigation Measures Monitoring
Milestone Responsible Party Verification of Compliance
Initials Date Remarks
has determined the nature of the remains. If the Coroner recognizes the human remains to be those of a Native American or has reason to believe they are Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission (NAHC), and PRC Section 5097.98 shall be followed.
Human remains and grave/burial goods shall be treated alike per PRC Section 5097.98(d)(1) and (2).
If Native American human remains are discovered or recognized on any construction sites within the Buildout Area during grounddisturbing activities and the NAHC subsequently identifies the Gabrieleño Band of Mission Indians – Kizh Nation (Tribe) to be the Most Likely Descendant (MLD), construction activities may resume in other parts of the construction site at a minimum of 200 feet away from discovered human remains and/or burial goods, if the Tribe determines in its sole discretion that resuming construction activities at that distance is acceptable and provides the project manager express consent of that determination (along with any other mitigation measures the Tribe’s monitor and/or
archaeologist deems necessary). (State CEQA Guidelines Section 15064.5(f).)
Preservation in place (i.e., avoidance) is the Tribe’s preferred manner of treatment for discovered human remains and/or burial goods.
Any discovery of human remains/burial goods shall be kept confidential to the extent feasible to prevent further disturbance.
Mitigation Measure TCR-4: Procedures for Burials and Funerary Remains. If Native American human remains are discovered or recognized on any construction sites within the Buildout Area during ground-disturbing activities and the Native American Heritage Commission subsequently identifies the Gabrieleño Band of Mission Indians – Kizh Nation (Tribe) to be the Most Likely Descendant (“MLD”), the Koo-nas-gna Burial Policy, as described below, shall be implemented. To the Tribe, the term “human During grounddisturbing
activities
Construction
Contractor / Most
Likely Descendant
MITIGATION MONITORING AND REPORTING P ROGRAM
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C YPRESS , C ALIFORNIA
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Mitigation Measures Monitoring
Milestone Responsible Party Verification of Compliance
Initials Date Remarks
remains” encompasses more than human bones. In ancient as well as historic times, Tribal Traditions included, but were not limited to, the preparation of the soil for burial, the burial of funerary objects with the deceased, and the ceremonial burning of human remains.
If the discovery of human remains includes four or more burials, the discovery location shall be treated as a cemetery and a separate treatment plan shall be created.
The prepared soil and cremation soils are to be treated in the same manner as bone fragments that remain intact. Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. Cremations will either be removed in bulk or by means as necessary to ensure complete recovery of all sacred materials.
In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains will be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24-hour guard should be posted outside of working hours. The Tribe will make every effort to recommend diverting the project and keeping the remains in situ and protected. If the project cannot be diverted, it may be determined that burials will be removed.
In the event preservation in place is not possible despite good faith efforts by the future project applicant/City and/or landowner, before ground-disturbing activities may resume on the project site, the landowner shall arrange a designated site location within the footprint of the project for the respectful reburial of the human remains and/or ceremonial objects.
Each occurrence of human remains and associated funerary S PECIFIC P LAN 3.0 BUILDOUT P ROJECT
C YPRESS , C ALIFORNIA
MITIGATION MONITORING AND REPORTING P ROGRAM
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Mitigation Measures Monitoring
Milestone Responsible Party Verification of Compliance
Initials Date Remarks
objects will be stored using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural patrimony will be removed to a secure container on site if possible. These items should be retained and reburied within 6 months of recovery. The site of reburial/repatriation shall be on the project site but at a location agreed upon between the Tribe and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered.
The Tribe will work closely with the project’s qualified archaeologist to ensure that the excavation is treated carefully, ethically and respectfully. If data recovery is approved by the Tribe, documentation shall be prepared and shall include (at a minimum) detailed descriptive notes and sketches. All data recovery data recovery-related forms of documentation shall be approved in advance by the Tribe. If any data recovery is performed, once complete, a final report shall be submitted to the Tribe and the NAHC. The Tribe does not authorize any scientific study or the utilization of any invasive and/or destructive diagnostics on human remains.
MITIGATION MONITORING AND REPORTING P ROGRAM
J UNE 2026
S PECIFIC P LAN 3.0 BUILDOUT P ROJECT
C YPRESS , C ALIFORNIA
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Regulatory Compliance Measures Monitoring
Milestone
Responsible Party
Responsible for
Monitoring
Verification of Compliance
Initials Date Remarks
4.3: Air Quality
Regulatory Compliance Measure AIR-1: During clearing, grading, earth moving, or excavation operations, excessive fugitive dust emissions shall be controlled by regular watering or other dust preventative measures by using the following procedures, in compliance with South Coast Air Quality Management District (SCAQMD) Rule 403 during construction. The applicable Rule 403 measures are as follows:
Apply nontoxic chemical soil stabilizers according to manufacturers’ specifications to all inactive construction areas (previously graded areas inactive for 10 days or more).
Water active sites at least twice daily (locations where grading is to occur shall be thoroughly watered prior to earthmoving). Cover all trucks hauling dirt, sand, soil, or other loose materials, or maintain at least 2 feet (0.6 meter) of freeboard (vertical space between the top of the load and the top of the trailer) in accordance with the requirements of California Vehicle Code Section 23114.
Pave construction access roads at least 100 feet (30 meters) onto the site from the main road.
Reduce traffic speeds on all unpaved roads to 15 miles per hour or less.
During clearing,
grading, earth
moving, or
excavation
operations
Construction
Contractor
Regulatory Compliance Measure AIR-2: All trucks that are to haul excavated or graded material shall comply with State Vehicle Code Section 23114, with special attention to Sections 23114(b)(F), (e)(2), and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads.
During
construction
activities
Construction
Contractor
Regulatory Compliance Measure AIR-3: Prior to approval of future project plans and specifications, the City of Cypress shall confirm that the construction bid packages specify:
Contractors shall use high-volume low-pressure paint applicators with a minimum transfer efficiency of at least 50 percent; Coatings and solvents that will be utilized have a volatile organic Prior to approval
of future project
plans and
specifications
City of Cypress / Future
Project Applicant(s)
S PECIFIC P LAN 3.0 BUILDOUT P ROJECT
C YPRESS , C ALIFORNIA
MITIGATION MONITORING AND REPORTING P ROGRAM
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Regulatory Compliance Measures Monitoring
Milestone
Responsible Party
Responsible for
Monitoring
Verification of Compliance
Initials Date Remarks
compound content lower than required under SCAQMD Rule 1113; and
To the extent feasible, construction/building materials shall be composed of pre-painted materials.
Regulatory Compliance Measure AIR-4: Future projects shall comply with SCAQMD Rule 402. Rule 402 prohibits the discharge of air contaminants or other material from any type of operations, which can cause nuisance or annoyance to any considerable number of people or to the public or which endangers the comfort or repose of any such persons, or the public.
During operation
of future
projects
Future Project
Operators
4.4: Biological Resources
Regulatory Compliance Measure BIO-1: Preconstruction Bat Surveys.
If construction activities for a specific development project within the Buildout Area, including structure demolition and tree removal, will occur during the bat maternity season (April 1 to August 31), then the City, or designee, shall confirm that the applicable developer has retained a qualified biologist who shall conduct a nighttime bat survey of potential maternity roost habitat no more than 30 days prior to the removal of potential habitat. These surveys shall be initiated no later than 30 minutes before sunset and continue for no less than 1 hour after sunset. If maternity roosts are found and the project would result in impacts to roosting bats, the biologist shall coordinate with CDFW to establish appropriate avoidance buffers around all maternity roost sites, and no construction work shall occur within the buffers until the completion of the maternity season. If deemed necessary through coordination with CDFW, additional measures could include two-step removal of any trees containing maternity roosts (outside of the maternity season), preparation of a Bat Habitat Mitigation and Monitoring Plan (BHMMP), and humane bat eviction/exclusion. 30 days prior to
the initiation of
construction
activities if
construction will
occur during the
bat maternity
season (April 1
to August 31)
Future Project
Applicant(s) / Qualified
Biologist
Regulatory Compliance Measure BIO-2: Preconstruction Nesting Bird Surveys and Active Nest Avoidance Buffers. If potential bird nesting habitat is to be removed from a portion of the Buildout Area in connection with a specific development project during the avian nesting season (January 1 through August 31), including structures, trees, shrubs and suitable ground-nesting areas, a qualified biologist Within 3 days
prior to the
potential
removal of
suitable nesting
habitat, if
Future Project
Applicant(s) / Qualified
Biologist
MITIGATION MONITORING AND REPORTING P ROGRAM
J UNE 2026
S PECIFIC P LAN 3.0 BUILDOUT P ROJECT
C YPRESS , C ALIFORNIA
P:\A-E\CCP2201.05 LARC EIR\PRODUCTS\7_MMRP\Specific Plan 3.0 Buildout_MMRP_Final.docx (06/22/26) 21 Table B: Regulatory Compliance Measures
Regulatory Compliance Measures Monitoring
Milestone
Responsible Party
Responsible for
Monitoring
Verification of Compliance
Initials Date Remarks
shall conduct a nesting bird survey in such portion of the Buildout Area within 3 days prior to the commencement of structure demolition, vegetation removal, or other construction activities that could remove suitable nesting habitat.
If no nesting birds are identified, no additional survey is required. If at any time an active nest is identified, the biologist shall establish suitable buffers around the nests that consider the ecology of the species present and the location of construction activities to ensure that disruption of nesting does not occur. The buffer areas shall be avoided until the nests are no longer occupied and the juvenile birds can survive independently from the nests.
construction will
occur during the
avian nesting
season (January
1 through August
31)
4.5: Cultural Resources
Regulatory Compliance Measure CUL-1: Unknown Archaeological Resources. In the event that archaeological resources are discovered during excavation, grading, or construction activities, work shall cease within 50 feet of the find until a qualified archaeologist from the Orange County List of Qualified Archaeologists has evaluated the find in accordance with federal, State, and local guidelines to determine whether the find constitutes a “unique archaeological resource,” as defined in Section 21083.2(g) of the California Public Resources Code (PRC). A future project applicant and its construction contractor shall not collect or move any archaeological materials and associated materials. Construction activity may continue unimpeded on other portions of the project site. Any found deposits shall be treated in accordance with federal, State and local guidelines, including those set forth in PRC Section 21083.2. Prior to commencement of grading activities, the Director of the City of Cypress (City) Community Development Department, or designee, shall verify that all project grading and construction plans include specific requirements regarding California PRC (Section 21083.2[g]) and the treatment of archaeological resources as specified above.
During
excavation,
grading, or
construction
activities
Construction
Contractor / Qualified
Archaeologist from the
Orange County List of
Qualified
Archaeologists
S PECIFIC P LAN 3.0 BUILDOUT P ROJECT
C YPRESS , C ALIFORNIA
MITIGATION MONITORING AND REPORTING P ROGRAM
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Regulatory Compliance Measures Monitoring
Milestone
Responsible Party
Responsible for
Monitoring
Verification of Compliance
Initials Date Remarks
Regulatory Compliance Measure CUL-2: Human Remains. In the event that human remains are encountered on the project site, work within 50 feet of the discovery shall be redirected and the County Coroner notified immediately consistent with the requirements of California Code of Regulations (CCR) Section 15064.5(e). State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to PRC Section 5097.98. If the remains are determined to be Native American, the County Coroner shall notify the Native American Heritage Commission (NAHC), which shall determine and notify a Most Likely Descendant (MLD). With the permission of the property owner, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC. The MLD may recommend scientific removal and non-destructive analysis of human remains and items associated with Native American burials. Consistent with CCR Section 15064.5(d), if the remains are determined to be Native American and an MLD is notified, the City of Cypress shall consult with the MLD as identified by the NAHC to develop an agreement for treatment and disposition of the remains. Prior to the issuance of grading permits, the Director of the City of Cypress Community Development Department, or designee, shall verify that all grading plans specify the requirements of CCR Section 15064.5(e), State Health and Safety Code Section 7050.5, and PRC Section 5097.98, as stated above.
During
construction
activities
Construction
Contractor / County
Coroner / Most Likely
Descendant
4.6: Energy
The proposed project would not require any regulatory compliance measures related to energy.
4.7: Geology and Soils
The proposed project would not require any regulatory compliance measures related to geology and soils.
4.8: Greenhouse Gas Emissions
The proposed project would not require any regulatory compliance measures related to greenhouse gas emissions.
MITIGATION MONITORING AND REPORTING P ROGRAM
J UNE 2026
S PECIFIC P LAN 3.0 BUILDOUT P ROJECT
C YPRESS , C ALIFORNIA
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Regulatory Compliance Measures Monitoring
Milestone
Responsible Party
Responsible for
Monitoring
Verification of Compliance
Initials Date Remarks
4.9: Hazards and Hazardous Materials
Regulatory Compliance Measure HAZ-1: Federal Aviation Regulation Title 14 Part 77. A future project applicant/developer shall notify the Federal Aviation Administration (FAA) of any proposed structure(s) that would penetrate the 100 to 1 imaginary surface that surrounds the runway at Joint Forces Training Base Los Alamitos at least 45 days prior to beginning construction.
At least 45 days
prior to
beginning
construction of a
structure that
would penetrate
the 100 to 1
imaginary
surface that
surrounds the
runway at Joint
Forces Training
Base Los
Alamitos
Future Project
Applicant(s) /
Developer
4.10: Hydrology and Water Quality
Regulatory Compliance Measure HYD-1: Construction General Permit. If construction of future projects associated with the proposed project would disturb greater than 1 acre of soil, prior to commencement of construction activities within the proposed Buildout Area, the Construction Contractor shall obtain coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities, Order WQ 2022-0057- DWQ, NPDES No. CAS000002 (Construction General Permit), or any other subsequent permit. This shall include submission of Permit Registration Documents, including permit application fees, a Notice of Intent (NOI), a risk assessment, a site plan, a Stormwater Pollution Prevent Plan (SWPPP), a signed certification statement, and any other compliance‐related documents required by the permit, to the State Water Resources Control Board via the Stormwater Multiple Application and Report Tracking System (SMARTS). Construction activities shall not commence until a Waste Discharge Identification Number is obtained for the project from the SMARTS and provided to the Director of Public Works for the City of Cypress, or designee, to Prior to
commencement
of construction
activities
Construction
Contractor
S PECIFIC P LAN 3.0 BUILDOUT P ROJECT
C YPRESS , C ALIFORNIA
MITIGATION MONITORING AND REPORTING P ROGRAM
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Regulatory Compliance Measures Monitoring
Milestone
Responsible Party
Responsible for
Monitoring
Verification of Compliance
Initials Date Remarks
demonstrate that coverage under the Construction General Permit has been obtained. Project construction shall comply with all applicable requirements specified in the Construction General Permit, including but not limited to, preparation of a SWPPP and implementation of construction site best management practices (BMPs) to address all construction‐related activities, equipment, and materials that have the potential to impact water quality for the appropriate risk level identified for the project. The SWPPP shall identify the sources of pollutants that may affect the quality of storm water and shall include BMPs (e.g., Sediment Control, Erosion Control, and Good Housekeeping BMPs) to control the pollutants in storm water runoff. Upon completion of construction activities and stabilization of the Buildout Area, a Notice of Termination (NOT) shall be submitted via SMARTS.
If construction of future projects associated with the proposed project would disturb less than 1 acre of soil, prior to commencement of construction activities within the Buildout Area, the Construction Contractor shall provide evidence that project construction would comply with Section 4.106 of the 2019 California Green Building Standards Code (CALGreen Code). Section 4.106 of the CALGreen Code requires implementation of BMPs to prevent flooding and erosion and to retain sediment on site (e.g., Sediment Control, Erosion Control, and Good Housekeeping BMPs).
Regulatory Compliance Measure HYD-2: Construction Dewatering Permit. If groundwater dewatering is required during excavation activities, the Applicant/City shall obtain coverage under the General Waste Discharge Requirements for Discharges to Surface Waters that Pose an Insignificant (De Minimis) Threat to Water Quality, Order No.
R8-2020-0006, NPDES No. CAG998001 (Construction Dewatering Permit). This shall include submission of a Notice of Intent (NOI) for coverage under the permit to the Santa Ana Regional Water Quality Control Board (RWQCB) at least 45 days prior to the start of dewatering. Groundwater dewatering activities shall comply with all applicable provisions in the permit, including water sampling, analysis, During
excavation
activities
Construction
Contractor
MITIGATION MONITORING AND REPORTING P ROGRAM
J UNE 2026
S PECIFIC P LAN 3.0 BUILDOUT P ROJECT
C YPRESS , C ALIFORNIA
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Regulatory Compliance Measures Monitoring
Milestone
Responsible Party
Responsible for
Monitoring
Verification of Compliance
Initials Date Remarks
treatment (if required), and reporting of dewatering-related discharges. Upon completion of groundwater dewatering activities, a Notice of Termination shall be submitted to the Santa Ana RWQCB.
Regulatory Compliance Measure HYD-3: Orange County MS4
Permit/City Municipal Code. Prior to issuance of a grading permit for future projects associated with the proposed project, the future project Applicant shall prepare and submit a final project-specific water quality management plan (WQMP) to specify BMPs that would be implemented to capture, treat, and reduce pollutants of concern in stormwater runoff in compliance with the Waste Discharge Requirements for the County of Orange, Orange County Flood Control District and the Incorporated Cities of Orange County within the Santa Ana Region Areawide Urban Storm Water Runoff Orange County, Order R8-2009-0030, NPDES No. CAS618030, as amended by Order No. R8-2010-0062 (Orange County MS4 Permit), Orange County Drainage Area Management Plan (DAMP), and the City of Cypress Local Implementation Plan (LIP). The WQMP shall also incorporate the results of the Final Hydrology and Hydraulic Analyses to demonstrate that the bioretention facilities meet the hydromodification requirements of the Orange County MS4 Permit and Chapter 13-23 of the Cypress Municipal Code. The City Engineer/Public Works Director, or designee, shall ensure that the BMPs specified in the WQMP are incorporated into the final project design of future projects associated with the proposed project.
Prior to issuance
of a grading
permit for future
projects
Future Project
Applicant(s)
4.11: Land Use and Planning
The proposed project would not require any regulatory compliance measures related to land use and planning.
4.12: Mineral Resources
The proposed project would not require any regulatory compliance measures related to mineral resources.
4.13: Noise
Regulatory Compliance Measure NOI-1: The construction contractor shall limit all construction-related activities to between the hours 7:00 a.m. and 8:00 p.m. on weekdays and between the hours of 9:00 a.m. and 8:00 p.m. on Saturdays. No construction shall be permitted outside of these hours or on Sundays or a federal holiday with the exception of certain construction activities that are time sensitive and During
construction
activities
Construction
Contractor
S PECIFIC P LAN 3.0 BUILDOUT P ROJECT
C YPRESS , C ALIFORNIA
MITIGATION MONITORING AND REPORTING P ROGRAM
J UNE 2026
26 P:\A-E\CCP2201.05 LARC EIR\PRODUCTS\7_MMRP\Specific Plan 3.0 Buildout_MMRP_Final.docx (06/22/26) Table B: Regulatory Compliance Measures
Regulatory Compliance Measures Monitoring
Milestone
Responsible Party
Responsible for
Monitoring
Verification of Compliance
Initials Date Remarks
require a 24-hour rotation. In those situations, a temporary use permit can be obtained from the City of Cypress’ Community Development Director.
Regulatory Compliance Measure NOI-2: Mechanical equipment, including air conditioning units in residential and non-residential zoning districts, shall be enclosed within a structure or completely screened from view from surrounding properties by the use of a fence or wall consistent with Section 3.11.100(b) of the City of Cypress Municipal Code. Additionally, prior to the issuance of building permits, a future applicant/developer shall demonstrate, to the satisfaction of the City Director of Community Development, or designee, that onsite stationary noise sources, such as air conditioners, shall not exceed City noise standards as stated within the City’s Municipal Code Sections 13-68 and 13-69.
Prior to the
issuance of any
building permit
City of Cypress / Future
Project Applicant(s)
4.14: Population and Housing
The proposed project would not require any regulatory compliance measures related to population and housing.
4.15: Public Services
Regulatory Compliance Measure PS-1: Any future projects implemented within the Buildout Area in accordance with the City of Cypress (City) Cypress Town Center and Commons Specific Plan 3.0 (Specific Plan) would be required to coordinate with the Orange County Fire Authority (OCFA) to determine the appropriate development impact fees required to offset potential impact to OCFA staffing and service ability. Prior to the approval of such projects, the designated site developer shall enter into a Secured Fire Protection Agreement with OCFA that details the agreed-upon development impact fees required for the project.
Prior to the
approval of any
future project
Future Project
Applicant(s)
Regulatory Compliance Measure PS-2: Payment of School Fees. Prior to issuance of any building permits within the Buildout Area in accordance with the Specific Plan, the applicant/developer of future development projects facilitated by the proposed project shall provide proof to the Director of the City of Cypress Community Development Department, or designee, that payment of school fees to the appropriate school districts have been made in compliance with Section 65995 of the California Government Code.
Prior to issuance
of any building
permits
Future Project
Applicant(s) /
Developer
MITIGATION MONITORING AND REPORTING P ROGRAM
J UNE 2026
S PECIFIC P LAN 3.0 BUILDOUT P ROJECT
C YPRESS , C ALIFORNIA
P:\A-E\CCP2201.05 LARC EIR\PRODUCTS\7_MMRP\Specific Plan 3.0 Buildout_MMRP_Final.docx (06/22/26) 27 Table B: Regulatory Compliance Measures
Regulatory Compliance Measures Monitoring
Milestone
Responsible Party
Responsible for
Monitoring
Verification of Compliance
Initials Date Remarks
Regulatory Compliance Measure PS-3: Dedication of Parkland and/or Payment of Park Fees. Prior to issuance of any building permits within the Buildout Area in accordance with the Cypress Town Center and Commons Specific Plan 3.0 (Specific Plan), a future
applicant/developer shall provide proof of compliance with the applicable provisions of Chapter 25 (Subdivisions), Article VI, Park and Recreational Facilities, of the City of Cypress Municipal Code.
Prior to issuance
of any building
permits
Future Project
Applicant(s)
4.17: Transportation
The proposed project would not require any regulatory compliance measures related to transportation.
4.18: Tribal Cultural Resources
The proposed project would not require regulatory compliance measures unique to tribal cultural resources. Please see RCMs CUL-1 and CUL-2 for relevant measures in Section 4.5 above.
4.19: Utilities and Service Systems
Regulatory Compliance Measure UTIL-1: Construction and
Demolition Ordinance. The construction contractor shall comply with the provisions of City of Cypress Ordinance No. 1166 and the 2022 California Green Building Standards Code, which would reduce construction and demolition waste. Ordinance No. 1166 is codified in Article VIII, Materials Questionnaire for Certain Construction and Demolition Projects within the City of Cypress in the Cypress Municipal Code.
During
construction
activities
Construction
Contractor
4.20: Wildfire
The proposed project would not require any regulatory compliance measures related to wildfire.
S PECIFIC P LAN 3.0 BUILDOUT P ROJECT
C YPRESS , C ALIFORNIA
MITIGATION MONITORING AND REPORTING P ROGRAM
MAY 2026
28 P:\A-E\CCP2201.05 LARC EIR\PRODUCTS\7_MMRP\Specific Plan 3.0 Buildout_MMRP_Final.docx (06/22/26) This page intentionally left blank
D-1
EXHIBIT D
Required Improvements and Other Public Benefits1,
2,3
Improvements Responsible Party Timing
1. Ball Road at Moody Street (in
accordance with City standards
and the Traffic Study):
• Add additional mast arm
indications for the
northbound and southbound
approaches.
Property Owner or a Transferee Complete improvements
prior to the issuance of any
certificate of occupancy
(excluding Lot 14).
2. Ball Road at Walker Street (in
accordance with City standards
and the Traffic Study):
• Restripe the EB/WB
approaches to provide one
left-turn lane, two through
lanes, and one dedicated
right-turn lane.
• Shift the westbound exit
lanes north.
Property Owner or a Transferee Complete improvements
prior to the issuance of any
certificate of occupancy for
Project improvements
(excluding Lot 14).
3. Cerritos Avenue at Moody Street
(in accordance with City
Standards and the Traffic Study):
• Widen and restripe EB
approach to provide one
exclusive right-turn lane.
• Restripe SB approach to
provide 2 lefts, 1 through, and
1 shared through/right lane.
Property Owner or a Transferee Submit construction plans prior to issuance of any
building permits for
Project improvements
(excluding Lots 2 and 14)
and complete
improvements prior to the
issuance of any certificate
of occupancy for Project.
improvements (excluding
Lots 2 and 14).
1 Prior to the commencement of construction of any specific development project within the Project, the developer of that project, whether Property Owner or a Transferee, shall prepare and submit a transportation construction plan (TCP) to the City's Public Works Department for review and approval. The TCP shall be prepared, signed, and stamped by a California-registered civil or traffic engineer and shall be consistent with all applicable engineering standards and safety procedures, including those set forth in the California Manual on Uniform Traffic Control Devices (CA MUTCD) and the Caltrans Standard Specifications (Section 12 – Temporary Traffic Control). 2 Any improvements not complete at time of Final Map recordation shall require agreements and improvement securities (e.g. subdivision improvement agreements) in accordance with Section 3.3.1 to ensure such improvements are completed prior to the issuance of any certificate of occupancy (excluding Lot 14). 3 For the purposes of this Exhibit D, the term “Property Owner or a Transferee” shall mean Property Owner and/or any Transferee(s) with rights/obligations over the specific portion of Property or improvements indicated, as applicable.
D-2
Improvements Responsible Party Timing
• NB approach to provide 2
lefts, 1 through, and 1
shared/through right lane.
• Modify traffic signal to
provide protected phasing for
the NB/SB approaches.
• Construct a crosswalk on the
east leg of the intersection.
• Construct bike lanes on
Moody Street.
4. Cerritos Avenue at Valley View
Street (in accordance with City
standards and the Traffic Study):
• Modify traffic signal to
provide NB right-turn and SB
right-turn overlap phasing.
• Modify striping to extend EB
left-turn pocket storage.
Property Owner or a Transferee Complete improvements
prior to the issuance of any
certificate of occupancy for
Project improvements
(excluding Lot 14).
5. Vessels Circle at Walker Street
(in accordance with City
Standards and the Traffic Study):
• Add EB right-turn overlap
phasing.
• Modify striping to extend NB
and EB left-turn pocket
storage.
• Widen Vessels Circle by 10
feet on the south side.
• Widen the westbound
receiving lane
• Modify traffic signal in
conjunction with Vessels
Circle widening.
Property Owner or a Transferee Submit construction plans prior to issuance of any
building permits for
Project improvements
(excluding Lots 2 and 14)
and complete
improvements prior to
issuance of any certificate
of occupancy for Project
improvements (excluding
Lots 2 and 14).
6. Vessels Circle at Moody Street
(in accordance with City
standards and the Traffic Study):
• Install traffic signal.
• Modify NB approach to
provide 1 left, 2 throughs, 1
right.
Property Owner or a Transferee Submit construction plans prior to issuance of any
building permits for
Project improvements
(excluding Lots 2 and 14)
and complete
improvements prior to
issuance of any certificate
of occupancy for Project
D-3
Improvements Responsible Party Timing
• Modify SB approach to
provide 1 left, 1 through, 1
through/right.
• Modify WB approach to
provide 1 left, 1 through, 1
right.
• Modify EB approach to
provide 1 left, 1
through/right.
• Provide bike facilities on
both Moody Street and
Vessels Circle.
improvements (excluding
Lots 2 and 14)
7. Complete and render operational
stormwater detention basin and
pump station consistent with the
Master Plan of Drainage and City
standards on Lot 8 or at another
location approved by the City.
Property Owner or a Transferee Prior to the demolition of storm drainage features
and improvements on the
Property that currently
accommodate drainage
from Lot 9 of VTTM
19247.
8. Design, prepare and obtain
approval for construction plans
and thereafter construct and
render operational the Lots 5/6
Detention Basin and the Pump
Station consistent with the Master
Plan of Drainage and City
standards for public facilities. The
Lots 5/6 Detention Basin shall be
privately owned, operated and
maintained. The Pump Station
shall be City owned, maintained
and operated. The Pump Station
Assessment District will fund the
maintenance, operation, repair
and future replacements of the
Pump Station.
Grant easement(s) to the City for
the use, access, operation and
maintenance of the Pump Station.
Property Owner or a Transferee Prior to issuance of any certificate of occupancy for
any Project improvements
on Lots 3, 4 or 7 or the
extended portion of Moody
Street, provided that the
completion of this work
prior to the completion of
the Moody Street extension
shall not be required if the
City approves, and
Property Owner or a
Transferee constructs, a
temporary detention basin
in accordance with City
standards and approved by
the City that prevents
flooding of the Moody
Street extension.
9. Complete Moody Street and
Vessels Circle street
improvements in accordance with
and consistent with VTTM
Property Owner and/or a
Transferee
Prior to issuance of any
certificate of occupancy for
Project improvements
(excluding Lots 2 and 14).
D-4
Improvements Responsible Party Timing
19247, the Traffic Study, and City
standards:
• Pavement, sidewalk, curb
and gutter.
• Widen Vessels Circle to the
62-foot-wide right-of-way.
• Sewer and storm drain.
• Striping, signage, bike
facilities and traffic control
devices.
• Landscaped parkway,
medians, street trees,
irrigation.
• Street lighting.
• Water quality treatment
devices.
10. Complete Lexington Drive Street
widening per City standards
(from Cerritos Ave to south
property line of Lot 2):
• Pavement, sidewalk, curb
and gutter.
• Landscaped parkway, street
trees and irrigation.
• Storm drain.
• Street lighting.
• Striping, signage and traffic
control devices.
• Utility relocations (by
others).
• Obtain any and all necessary
permits from the City of Los
Alamitos – see Item 20.
Property Owner or a Transferee Prior to issuance of any certificate of occupancy for
Project improvements on
Lot 2.
D-5
Improvements Responsible Party Timing
11. Design and construct
trails/greenways and or walkways
connecting Lots 2, 3, and 4 to
provide pedestrian and bicycle
access to the Moody Street
extension. Reciprocal access
agreements, or other instrument
acceptable to the City, shall
provide and maintain public
access for bike paths/facilities.
Property Owner or a Transferee Plans for the
trails/greenways and or
walkways shall be included
with the site plan review
submittals for Lots 2, 3 and
4 or portions thereof.
Construction of the
improvements shall be
completed with respect to
each such Lot or portion
thereof prior to issuance of
any certificate of
occupancy for Project
improvements on such Lot.
Property Owner and/or
Transferee(s) of Lots 2, 3
and 4 or portions thereof
shall coordinate, to the
extent feasible, the design,
alignment, and
construction of the
trails/walkways and
greenways to ensure
continuous, functional
connections across lot
boundaries, to the
satisfaction of the City.
12. Construct park improvements for
Lots 5/6 Park and receive final
acceptance from the City
pursuant to Section 6.4 of this
Agreement.
Property Owner or a Transferee Prior to issuance of any certificate of occupancy for
any Project improvements
on Lots 3, 4 or 7.
Other Action Items
Action Responsible Party Timing
13. Provide, in a form acceptable
to the City, irrevocable offers
to dedicate Moody Street and
Vessels Circle extensions,
Property Owner With respect to the portion
of Moody Street that will be
extended in connection
with the development of
Lot 14, include an offer to
D-6
Action Responsible Party Timing
and land for widening of
Lexington Drive.
dedicate with the final map
that corresponds with
Tentative Tract Map No.
19413 ("TTM 19413").
With respect to the balance
of this requirement, include
offers to dedicate in the "A"
final map for VTTM
19247.
14. With respect only to the
proposed project on Lot 14,
grant easements, in a form
acceptable to the City, for
sewer and storm drain
utilities on Moody Street
prior to acceptance of street
dedications. Property Owner
or the applicable Transferee
shall maintain and operate all
public utilities until
improvements are accepted
by the City and the easements
have been recorded.
Property Owner or a Transferee Prior to issuance of any certificate of occupancy for
Project improvements on
Lot 14.
15. Establish a new maintenance
agreement, amend the
existing maintenance
agreement, or otherwise
provide documentation
acceptable to the City
confirming that the existing
maintenance obligations
under the Grant of Easements
and Maintenance Agreement
recorded on March 10, 2022
as Instrument No.
2022000094489 in the
Official Records will remain
in effect for the maintenance
of the Moody Street frontage
along 5155 and 5233 Katella
Avenue and ensuring the
continuing maintenance
obligation with Shea after the
Property Owner Within 90 days after
recordation of the final map
and prior to City's
acceptance of the Moody
Street dedication.
D-7
Action Responsible Party Timing
City's acceptance of the
public roadway dedication.
16. Establish Maintenance
Covenant(s) in accordance
with Section 6.3 of this
Agreement.
Property Owner or a Transferee See Section 6.3 of this
Agreement.
17. Apply for the formation of a
Pump Station Assessment
District to fund the
maintenance, operation,
repair and future
replacements of the Pump
Station on Lots 5/6 in VTTM
19247.
Property Owner Within 90 days after
recordation of the final
map.
18. Provide the Easement
Termination to the City in
accordance with Section 6.6
of this Agreement.
Property Owner Within 90 days, or as other
mutually agreed upon
timeframe, after the full
closure of Los Alamitos
Race Course.
19. Property Owner and
Cottonwood Christian
Center, Inc. or its successor in
interest shall execute and
record an amendment to that
certain Easement Agreement
recorded on January 7, 2007
as Instrument No.
2007000031992 in the
Official Records, to clarify
that the "Easement" granted
therein by Cottonwood in
favor of Property Owner
includes the right to discharge
stormwater from Lots 3 and 4
of VTTM 19247 into the
private "Improvements" on
Cottonwood's property (i.e., a
48" private storm drain), in a
form acceptable to the City.
Property Owner Prior to the issuance of any
construction permits for
any Project improvements
on Lot 3 or 4.
20. Obtain approval from the
City of Los Alamitos for the
proposed storm drain
connection at Lexington
Drive for Lot 2.
Property Owner or a Transferee Prior to the earlier of (a) the issuance of any permits for
Project improvements on or
for Lot 2 or (b) the
D-8
Action Responsible Party Timing
recordation of a "B" final
map for Lot 2.
21. For Lot 14, provide an
irrevocable offer to dedicate
Moody Street frontage, 14'
wide, in a form acceptable to
the City.
Property Owner or a Transferee At the time of recordation of a "B" final map for Lot
14 with respect to TTM
19413.
22. Comply with Final EIR
Mitigation Measures
Property Owner or a Transferee As described in the MMRP.
23. Provide to the City an
inventory of the existing trees
on the Property (other than on
Lot 14) that will be replaced
at a 1:1 ratio in accordance
with the Specific Plan, it
being understood that the
replacement trees may be
located anywhere on the
Property.
Property Owner Prior to demolition of the
LARC improvements
(other than improvements
on Lot 14).
24. Property Owner and Grace
Church shall execute and
record an amendment to that
certain Declaration of
Drainage Easement recorded
on November 12, 2010 as
Instrument No.
2010000604617 in the
Official Records, to clarify
that (1) the stormwater
drainage for Lots 8 and 9 of
VTTM 19247 will no longer
flow to the Property, (2)
Property Owner or a
Transferee will construct a
new detention basin/pump
station for that purpose on Lot
8 or another location
approved by the City and (3)
Grace Church shall be
responsible for the operation
and maintenance of such
drainage improvements.
Property Owner Prior to the demolition of
storm drainage features and
improvements on the
Property that currently
accommodate drainage
from Lot 9 of VTTM 19247
to the Property, and
issuance of any permits for
the construction of the new
detention basin/pump
station.
D-9
Action Responsible Party Timing
25. Either (a) pay the Deferred
Amount to the City with
respect Lots 2, 3, 4, 7, 10, 11,
12, 13 and 14 or (b) transfer
fee title to Lot 1 in VTTM
19247 to the City in
accordance with Section 5.2
of this Agreement.
Property Owner See Section 5.2 of this
Agreement.
26. Identify the location of the
Floating Park Space.
Property Owner or a Transferee Pursuant to Section 6.9 of this Agreement.
27. Complete merger of Lots 5/6
of VTTM 19247.
Property Owner or a Transferee Pursuant to Section 6.7 of this Agreement.
28. Complete merger or lot tie of
Lots 8 and 9.
Property Owner or a Transferee Pursuant to Section 6.8 of this Agreement.
D-1
EXHIBIT E
Current Development Impact Fee Schedule
Community Development
Park Development Fee: $23,421 per unit subject to the Quimby Act Public Works
D-2
F-1
EXHIBIT F
Deferred Park Fee Repayment Schedule
Lot
Number
Max. Number of
Permitted Units
Ratio of
Development
Required Park
Supplement*
2 404 23% $225,986
3 269 15% $150,471
4 141 8% $78,871
7 309 17% $172,846
10 29 2% $16,222
11 51 3% $28,528
12 257 14% $143,759
13 200 11% $111,874
14 131 7% $73,278
TOTAL 1791 100% $1,001,835
* The Required Park Supplement amounts for shall be paid to the City prior to the recordation of a final map for the corresponding lot. For example, $225,986 shall be paid to the City prior to the recordation of the final map for Lot Number 2.
G-1
EXHIBIT G
Form of Certificate of Compliance
[See Following 3 Pages]
G-2
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Cypress
5275 Orange Avenue
Cypress, CA 90630
Attn: City Manager
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §§6103, 27383
Space above this line for recorder's use
CERTIFICATE OF COMPLIANCE OF
DEVELOPMENT AGREEMENT OBLIGATIONS
This Certificate Of Compliance of Development Agreement Obligations ("Certificate"), dated as of _________________________, is executed by the CITY OF CYPRESS, a charter city and municipal corporation ("City"), in favor of __________________________________, a ___________________________ ("/////Property Owner/////Developer/////"), a current party to that certain Development Agreement dated as of July ___, 2026, by and among City, on the one hand, and LOS ALAMITOS RACE COURSE, a California general partnership ("LARC"), and CYPRESS GC, LLC, a California limited liability (collectively, "Property Owner"), on the other hand, and recorded on _____________, 2026 as Instrument No. __________________ in the Official Records of Orange County, California (as the same may have been amended or supplemented from time to time, the "Development Agreement"), with reference to the following facts and circumstances:
RECITALS
A. The Development Agreement relates to the property described in Exhibit A thereto and depicted on Exhibit B thereto (the "Development Agreement Property"). This Certificate relates to a portion or portions of the Development Agreement Property legally described in Attachment 1 attached hereto and incorporated herein by this reference. Capitalized terms used herein without definition shall have the meanings ascribed to them in the Development Agreement.
B. Pursuant to Section 4.3 of the Development Agreement, City is required to furnish to Property Owner and/or any applicable Transferee(s), in a form suitable for recordation, a certificate of compliance, substantially in the form of this Certificate, upon completion of an annual or special review pursuant to Section 4 of the Development Agreement if the applicable City decision-making body has determined that the Property Owner and/or any applicable Transferee(s) is in good-faith compliance with the applicable provisions of the Development Agreement.
G-3
C. /////Property Owner/////Developer///// has requested that the City execute and acknowledge this Certificate with respect to a __________ review that the _______________ completed on ________________ (the "Review").
NOW, THEREFORE, City hereby certifies that, based on the Review, as follows:
1. /////Property Owner/////Developer///// is in good-faith compliance with the provisions of the Development Agreement.
2. The Development Agreement remains in full force and effect.
3. Nothing contained in this Certificate shall be deemed or construed to modify any provisions of the Development Agreement.
IN WITNESS WHEREOF, City has executed and issued this Certificate as of the date first above written.
"City":
CITY OF CYPRESS, a charter city and municipal
corporation
By:
Name:
Title:
G-4
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Orange )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
H-1
EXHIBIT H
Form of Easement Termination
(See Following 6 Pages)
H-2
RECORDING REQUESTED BY, AND
WHEN RECORDED RETURN TO:
Sheppard, Mullin, Richter & Hampton LLP
350 S. Grand Avenue, 43th Floor
Los Angeles, California 90071-3460
Attention: Jack H. Rubens, Esq.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
TERMINATION OF EASEMENT AGREEMENT
This Termination of Easement Agreement ("Agreement"), dated as of ________________, 20__, is executed by and between the CYPRESS RECREATION & PARK DISTRICT, a California special district (the "District"), on the one hand, and LOS ALAMITOS RACE COURSE, a California general partnership, and CYPRESS GC, LLC, a California limited liability company (collectively, "Property Owner"), on the other hand, with reference to the following facts:
RECITALS
A. The District and Property Owner are parties to that certain Easement Agreement (the "Easement Agreement") dated as of May 23, 2018, and recorded on March 31, 2018 as Document No. 2018000198493 in the Official Records of Orange County, California"), pursuant to which the District granted to Property Owner a non-exclusive easement for pedestrian, equestrian and vehicular ingress and egress over a portion of its property that was subsequently improved with Lexington Park.
B. The District and Property Owner desire to terminate the Easement Agreement on the terms set forth below.
NOW, THEREFORE, the District and Property Owner hereby agree as follows:
AGREEMENT
1. Termination of Agreement. The Easement Agreement is hereby terminated and has no further force or effect.
2. Further Assurances. The District and Property Owner shall each execute and deliver to the other all documents, and shall take all actions, reasonably required by any other party hereto from time to time to confirm or effect the matters set forth herein or otherwise to carry out the purposes of this Agreement.
3. Binding on Successors. This Agreement shall be binding on and inure to the benefit of the successors in interest and assigns of the parties hereto.
H-3
4. Governing Law. This Agreement shall be governed by, interpreted under, and construed and enforceable in accordance with, the laws of the State of California.
5. Counterparts. This Agreement may be executed in one or more counterparts, all of which, when taken together, shall constitute a single instrument.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first above written.
"District":
CYPRESS RECREATION & PARK DISTRICT,
a California special district
By_________________________________
________________,
_______________
H-4
"Property Owner":
LOS ALAMITOS RACE COURSE, a California
general partnership
By: Los Alamitos Racing Association, a
California corporation, a general partner
By_____________________________
Edward C. Allred,
President
By______________________________
Cathleen Allred,
Secretary
By: Quarter Horse Racing, Inc., a California
corporation, a general partner
By_______________________________
Edward C. Allred,
Chief Executive Officer
By______________________________
Cathleen Allred,
President and Secretary
"Cypress GC":
CYPRESS GC, LLC,
a California limited liability company
By_____________________________
Edward C. Allred,
Managing Member
H-5
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
)
COUNTY OF ORANGE )
On ___________________, 20___, before me, ____________________________, a Notary Public, personally appeared ________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
H-6
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
)
COUNTY OF ORANGE )
On _____________________, 20___, before me, ____________________________, a Notary Public, personally appeared ___________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
H-7
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
)
COUNTY OF ORANGE )
On _______________________, 20___, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Orange )
On ________________, 2026, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Orange )
On ________________, 2026, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Orange )
On ________________, 2026, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
4 3
1 2
VESSELS CIRCLE
WALKER STREET
CERRITOS AVENUE
MOODY STREET
KATELLA AVENUE
Los Alamitos Race Course (LARC)
Moody Street and Katella Avenue Median Monument
4 3
1 2
VESSELS CIRCLE
WALKER STREET
CERRITOS AVENUE
MOODY STREET
KATELLA AVENUE
Los Alamitos Race Course (LARC)
Moody Streetscape
4 3
1 2
VESSELS CIRCLE
WALKER STREET
CERRITOS AVENUE
MOODY STREET
KATELLA AVENUE
Los Alamitos Race Course (LARC)
Moody Street and Cerritos Avenue Corner Monument
4 3
1 2
VESSELS CIRCLE
WALKER STREET
CERRITOS AVENUE
MOODY STREET
KATELLA AVENUE
Los Alamitos Race Course (LARC)
Vessels Streetscape
Traffic Study
for:
Cypress Specific Plan 3.0
Buildout Project
In the City of Cypress
January 2026
TRAFFIC STUDY
CYPRESS SPECIFIC PLAN 3.0 BUILDOUT PROJECT
IN THE
CITY OF CYPRESS
Prepared for:
Los Alamitos Race Course
Prepared by:
Kimley-Horn and Associates, Inc.
1100 W. Town and Country Road, Suite 700
Orange, CA 92868
January 2026
TRAFFIC STUDY
CYPRESS SPECIFIC PLAN 3.0 BUILDOUT PROJECT
TABLE OF CONTENTS
Page
INTRODUCTION..................................................................................................................................... 1 PROJECT DESCRIPTION......................................................................................................................... 1 ANALYSIS SCENARIOS AND METHODOLOGY....................................................................................... 5 Analysis Scenarios .................................................................................................................5 Analysis Methodology ...........................................................................................................5 Signalized Intersections Analysis – Intersection Capacity Utilization (ICU) Methodology ..................................................................................................................6 Intersections Analysis – Highway Capacity Manual (HCM) Methodology ...................6 Thresholds of Deficiency .......................................................................................................9 EXISTING CONDITIONS ....................................................................................................................... 10 Existing Roadway System....................................................................................................10 Existing Peak Hour Traffic Volumes....................................................................................11 Existing Peak Hour Traffic Conditions ................................................................................12 Project Trip Distribution and Assignment..........................................................................25 EXISTING PLUS PROJECT CONDITIONS .............................................................................................. 25 Existing Plus Project Peak Hour Analysis (With Moody Street Extension)........................34 FUTURE CONDITIONS ......................................................................................................................... 39 Buildout Year 2038 Traffic Forecasts .................................................................................39 Ambient Growth...........................................................................................................39 Cumulative Projects .....................................................................................................39 Buildout Year 2038 without Project Conditions.................................................................44 Buildout Year 2038 with Project Conditions ......................................................................44 PROPOSED IMPROVEMENTS .............................................................................................................. 56 SIGNAL WARRANT ANALYSIS............................................................................................................. 66 LEFT-TURN PHASING ANALYSIS ........................................................................................................ 67 The 100,000 Rule of Thumb................................................................................................68 LEFT-TURN QUEUING ANALYSIS........................................................................................................ 70 CONSTRUCTION TRAFFIC ................................................................................................................... 81 ORANGE COUNTY CONGESTION MANAGEMENT PROGRAM (CMP).................................................. 85 MELIA HOMES PROJECT TRAFFIC ANALYSIS..................................................................................... 91 SUMMARY OF FINDINGS AND CONCLUSIONS .................................................................................... 96
LIST OF FIGURES
Figure 1 – Vicinity Map..............................................................................................................2 Figure 2 – Buildout Area ...........................................................................................................3 Figure 3 – Existing Lane Configuration and Traffic Control...................................................13 Figure 4 – Existing Peak Hour Traffic Volumes ......................................................................15 Figure 5 – Existing Peak Hour Traffic Volumes (With Extension) .........................................17 Figure 6 – Project Trip Distribution Assumptions..................................................................26 Figure 7 – Project-Related Peak Hour Traffic Volumes..........................................................28 Figure 8 – Internal Capture Traffic Volumes ..........................................................................30 Figure 9 – Pass-by Traffic Volumes.........................................................................................31 Figure 10 – Moody Street at Cerritos Avenue Concept Plan ..................................................32 Figure 11 – Moody Street at Vessels Circle Concept Plan.......................................................33 Figure 12 – Existing Plus Project Peak Hour Traffic Volumes................................................35 Figure 13 – Location of Cumulative Projects ..........................................................................40 Figure 14 – Cumulative Projects Peak Hour Traffic Volumes ................................................42 Figure 15 – Buildout Year 2038 Without Project Peak Hour Traffic Volumes ......................46 Figure 16 – Buildout Year 2038 With Project Peak Hour Traffic Volumes ............................50 Figure 17 – Future Lane Configuration and Traffic Control...................................................52 Figure 18 – Ball Road and Moody Street Proposed Improvement (Northbound and Southbound Direction)....................................................................................................60 Figure 19 – Ball Road and Walker Street Proposed Improvements Concept Plan ................61 Figure 20 – Cerritos Avenue and Walker Street Proposed Improvements Concept Plan .....62 Figure 21 – Cerritos Avenue and Valley View Street Concept Plan........................................63 Figure 22 – Vessels Circle and Walker Street Proposed Improvements Concept Plan .........64 Figure 23 – Katella Avenue at Siboney Street Proposed Improvements ...............................65 Figure 24 – City of Cypress Truck Routes...............................................................................82 Figure 25 – City of Los Alamitos Truck Routes.......................................................................83 Figure 26 – City of Garden Grove Truck Routes .....................................................................84 Figure 27 – County of Orange CMP Highway System .............................................................87 Figure 28 – CMP Study Area Determination...........................................................................88 Figure 29 – OC CMP Traffic Volumes ......................................................................................90 Figure 30 – Melia Project Trip Distribution and Traffic Volumes...........................................93
LIST OF TABLES
Table 1 – Summary of Peak Hour Intersection Operation – Existing Conditions (HCM) ...... 19 Table 2 – Summary of Peak Hour Intersection Operation – Existing Conditions With Moody Extension (HCM) ................................................................................................................. 21 Table 3 – Summary of Project Trip Generation ........................................................................ 24 Table 4 – Summary of Peak Hour Intersection Operation – Existing Plus Project Conditions ............................................................................................................................................... 37 Table 5 – Summary of Cumulative Projects Trip Generation .................................................. 41 Table 6 – Summary of Peak Hour Intersection Operation – Buildout Year 2038 Without Project .................................................................................................................................. 48 Table 7 – Summary of Peak Hour Intersection Operation – Buildout Year 2038 With Project ............................................................................................................................................... 54 Table 8 – Summary of Intersection Operation – Proposed Improvements ............................ 59 Table 9 – Summary of Left-Turn Queuing Analysis .................................................................. 72 Table 10 - OC CMP Intersections – Summary of Peak Hour Intersection Operation ............. 89 Table 11 – Melia Homes Summary of Peak Hour Intersection Operation .............................. 94 Table 12 – Melia Homes Project Trip Generation ..................................................................... 95
APPENDICES
Appendix A – Existing Peak Hour Traffic Data Collection Sheets Appendix B – Intersection Analysis Worksheets
Appendix C – OCTAM Model Plots and B-Turns Worksheets
Appendix D – Project Trip Distribution by Lot
Appendix E – Internal Capture Worksheet
Appendix F – Signal Warrant Worksheets
Appendix G – Melia Homes Additional Traffic Analysis Worksheets Cypress Specific Plan 3.0 Buildout Project - 1 - Kimley-Horn and Associates, Inc.
Traffic Study January 2026
TRAFFIC STUDY
FOR PROPOSED
CYPRESS SPECIFIC PLAN 3.0 BUILDOUT PROJECT
IN THE CITY OF CYPRESS
INTRODUCTION
This traffic study has been prepared to address the non-CEQA traffic-related issues associated with the proposed Cypress Specific Plan 3.0 Buildout Project (Project), consisting of a variety of residential and non-residential uses. The project site is located in the City of Cypress (City).
This report satisfies the traffic impact study requirements established by the City of Cypress Transportation Operational Assessment Guidelines dated April 2023 (Cypress Transportation Guidelines), the Circulation Element of the City of Cypress General Plan (Cypress Circulation Element), the Mobility and Circulation Element of the City of Los Alamitos General Plan (Los Alamitos Circulation Element), and the County of Orange Congestion Management Program (CMP).
PROJECT DESCRIPTION
The project site includes approximately 134 acres of land (Buildout Area) that is governed by the Cypress Town Center and Commons Specific Plan 3.0 (Specific Plan) approved by City voters in November 2024. The Buildout Area is shown in its regional setting on Figure 1.
The Specific Plan permits the development of a maximum of 1,791 residential units within the Buildout Area. With respect to non-residential development, the Specific Plan permits an aggregate maximum of approximately 874,354 square feet of non-residential floor area within the Buildout Area. However, based on current and reasonably foreseeable future market conditions, the applicant expects that a substantial portion of the non-residential development allowed under the Specific Plan will not be developed. Therefore, this study assesses anticipated traffic for only 440,000 square feet of non-residential floor area, which is approximately 50% of the maximum non-residential floor area permitted under the Specific Plan. Supplemental traffic analyses for individual development projects will be prepared and submitted to the City for approval if and to the extent non-residential development that exceeds 440,000 square feet is proposed within the Buildout Area. The City’s acceptance of this traffic study does not constitute a determination in regard to (1) level-of service or other transportation deficiencies caused by the development of non-residential floor area permitted by the Specific Plan in the Buildout Area that exceeds 440,000 square feet or (2) any potential additional transportation improvements that may potentially be required as a result of nonresidential development in excess of 440,000 square feet.
The proposed residential and non-residential development includes:
Single-Family Attached Housing – 269 Dwelling Units
Single-Family Detached Housing – 141 Dwelling Units
Senior/Multi-Family Housing (Low-Rise) – 532 Dwelling Units Multi-Family Housing (Low-Rise) – 338 Dwelling Units
Multi-Family Housing (Mid-Rise) – 511 Dwelling Units
440,000 square feet of non-residential floor area (commercial/retail land uses).
The Buildout Area is shown on Figure 2.
Katella Ave
Cerritos Ave
605
INTERSTATE
39CALIFORNIA
Alamitos Blvd
Valley View St
Moody St
Walker St
Denni St
Knott Ave
S Western Ave
Bloomfield St
Orangewood Ave
Enterprise Dr
Lexington Dr
Orange Ave
Lincoln Ave
Holder St
Dana Way
Meridian Dr
Katella Ave
Ball Rd
Lexington Dr
Hope St
Cerritos Ave
Stanton Storm Channel
Belmont Ln - 2 -
LEGEND:
= Buildout Area
- 3 -
LEGEND:
= Buildout Area
Source: NOP of DEIR - LSA, TAIT & Associates
= Project Driveway
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Traffic Study January 2026
Proposed Onsite Traffic Improvements and Project Access As shown on Figure 2, the Project includes the following traffic improvements to the public street system to provide access to the Buildout Area:
Moody Street would be extended southward from Cerritos Avenue and connect to the existing Siboney Street. This is referred to herein as the “Moody Street extension.” The western terminus of Vessels Circle would be extended to intersect with the Moody extension. This is referred to herein as the “Vessels Circle extension.” The Project is anticipated to have one driveway access point along Lexington Drive, two driveway access points along Cerritos Avenue, two driveway access points along the Moody Street extension and two driveway access points along Vessels Circle. These driveways will be unsignalized, and will allow all movements. The spacing between the proposed driveways along Cerritos Avenue, as required by the City, will be 300 feet or greater from each other and from the existing intersections.
The preliminary locations of the proposed driveway access points are identified in Figure 2. The final locations of the project driveway access points will be subject to approval by the City if substantially inconsistent with the preliminary locations.
The signalized intersection of Moody Street at Cerritos Avenue and the future intersection of Moody Street at Vessels Circle will also facilitate project traffic to and from the Buildout Area, including onsite circulation, and are design features of the Project. Within the Buildout Area, the Moody Street extension has been evaluated with two travel lanes in each direction and the Vessels Circle extension with one travel lane in each direction and a two-way left-turn lane.
Cypress Specific Plan 3.0 Buildout Project - 5 - Kimley-Horn and Associates, Inc.
Traffic Study January 2026
ANALYSIS SCENARIOS AND METHODOLOGY
Analysis Scenarios
This traffic analysis evaluates weekday morning and evening peak hour operations for the following scenarios:
Existing Conditions
Existing Plus Project Conditions
Buildout Year 2038 without Project
Buildout Year 2038 with Project
Analysis Methodology
The analysis focuses on the Project’s off-site traffic-related impacts and addresses the Project’s peakhour impacts at 30 existing study intersections, one new unsignalized intersection, and seven project driveway intersections. The following performance criteria and analysis methodologies were used to assess the traffic operations of the study intersections according to each Agency’s adopted traffic analysis guidelines.
Performance Criteria
As set forth in the Cypress Circulation Element, the City of Cypress Level of Service standard for acceptable intersection operation is Level of Service D, except at intersections along Valley View Street, Lincoln Avenue, and Katella Avenue. These arterials carry a significant amount of regional through traffic and, as such, the Circulation Element has adopted Level of Service E as the acceptable standard for intersections along these three arterials.
The Los Alamitos Circulation Element, Policy 1.4 (Level of Service), states the following:
Maintain a Level of Service (LOS) “D” or better along all City arterials and at intersections during peak hours, with the following exceptions:
A. There is a desire to prioritize pedestrians and/or bicyclists over vehicles B. Insufficient ROW exists
C. The intersection or roadway is considered built out.
The following intersections and roadways are exempt from the LOS D standard:
Katella Avenue and Los Alamitos Boulevard intersection Katella Avenue and Walnut Street/Wallingsford Road intersection Bloomfield Street and Cerritos Avenue intersection
Katella Avenue (between Interstate 605 and Walker Street) Cerritos Avenue (between Interstate 605 and Los Alamitos Boulevard).
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Signalized Intersections Analysis – Intersection Capacity Utilization (ICU) Methodology In accordance with the requirements of the Cities of Cypress and Los Alamitos and the County of Orange Congestion Management Plan (CMP), signalized intersection operation is evaluated using the Intersection Capacity Utilization (ICU) methodology, which provides a comparison of the theoretical hourly vehicular capacity of an intersection to the number of vehicles actually passing through that intersection during a given hour.
For City of Cypress signalized intersections, the ICU calculations assume a per-lane capacity of 1,700 vehicles per hour (vph) and 2,880 vph of green for dual-turning lanes, with a clearance interval of 0.05.
For City of Los Alamitos signalized intersections, the ICU calculations assume a per-lane capacity of 1,700 vph for all left turn lanes, through lanes and right turn lanes, except for exclusive right turn lanes that allow right turn on red, for which the rate is 1,955 vph per lane1, consistent with the CMP.
The results of the evaluation are reported in terms of Level of Service, which is represented by letter grades “A” (uncongested, free-flow conditions) through “F” (congested, over-capacity conditions). A summary description of each Level of Service and the corresponding volume/capacity (v/c) ratio for signalized intersections is provided on the following page.
Intersections Analysis – Highway Capacity Manual (HCM) Methodology Consistent with the requirements in the Cypress Transportation Guidelines, peak-hour intersection operations for both signalized and unsignalized intersections within the City of Cypress were evaluated using the LOS methodology outlined in the Highway Capacity Manual (HCM) 7th Edition.
Unsignalized intersections in the City of Los Alamitos are also evaluated using the HCM LOS methodology. Per the HCM methodology, LOS for signalized intersections is defined in terms of average vehicle delay. Specifically, LOS criteria are stated in terms of the average control delay per vehicle during the peak hours. The average control delay includes initial deceleration delay, queue move-up time, and final acceleration time in addition to the stop delay.
The procedure for unsignalized intersection analysis determines the average total delay, expressed in seconds of delay per vehicle, for left-turns from the major street and from the stop-controlled minor street traffic stream. Delay values are calculated based on the relationship between traffic on the major street and the availability of acceptable “gaps” in this stream through which conflicting traffic movements can be made.
The following charts describe the operating characteristics of each Level of Service for signalized intersections under to the ICU methodology and average seconds of delay for signalized and unsignalized intersections with regard to the HCM methodology. 1 Source: Pursuant to the 2023 Orange County Congestion Management Program Report (OCTA, November 2023, Pages 12 and 13), right-turn lanes with right-turn overlap, free right-turns, and de-facto lanes with right-turn on red can increase the saturation flow-rate by 15%, from 1,700 to 1,955 vehicles per hour per lane.
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LEVEL OF SERVICE DESCRIPTIONS
SIGNALIZED INTERSECTIONS (ICU METHODOLOGY)
Level of
Service ICU Value Description
A 0.00 - 0.60 EXCELLENT – No vehicle waits longer than one red light and no approach phase is fully used.
B 0.60 - 0.70 VERY GOOD – An occasional approach phase is fully utilized; drivers may begin to feel somewhat restricted within groups of vehicles.
C 0.70 - 0.80 GOOD – Occasionally drivers may have to wait through more than one red light; back-ups may develop behind turning vehicles D 0.80 - 0.90
FAIR – Delays may be substantial during portions of the rush hours, but enough lower volume periods occur to permit clearing of developing lines, preventing excessive back-ups.
E 0.90 - 1.00
POOR – Represents the most vehicles that the intersection approaches can accommodate; may be long lines of waiting vehicles through several signal cycles.
F > 1.00
FAILURE – Back-ups from nearby locations or on cross streets may restrict or prevent movement of vehicles out of the intersection approaches. Delays occur, with increasing queue lengths.
LEVEL OF SERVICE CRITERIA
FOR SIGNALIZED AND UNSIGNALIZED INTERSECTIONS (HCM METHODOLOGY) Level of
Service
Signalized Intersection
(Average delay per vehicle,
in seconds) 1
Unsignalized Intersections
(Average delay per vehicle,
in seconds) 2
Description
A < 10 0 – 10 Little or no delay
B > 10 – 20 > 10 – 15 Short traffic delays
C > 20 – 35 > 15 – 25 Average traffic delays
D > 35 – 55 > 25 – 35 Long traffic delays
E > 55 – 80 > 35 – 50 Very long traffic delays
F > 80 > 50 Severe congestion
1 Source: Highway Capacity Manual (HCM 7th Edition), Exhibit 19-8. 2 Source: Highway Capacity Manual (HCM 7th Edition), Exhibit 20-2.
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The following chart shows the study intersections, the jurisdiction in which the intersection is located, traffic control, and the Level of Service standard for each intersection.
Int.
# Intersection Jurisdiction LOS Methodology
Traffic
Control
LOS
Standard
1 Lincoln Ave at Moody St Cypress HCM / ICU S E
2 Lincoln Ave at Walker St Cypress HCM / ICU S E
3 Lincoln Ave at Valley View St Cypress HCM / ICU S E
4 Orange Ave at Moody St Cypress HCM / ICU S D
5 Orange Ave at Walker St Cypress HCM / ICU S D
6 Orange Ave at Valley View St Cypress HCM / ICU S E
7 Ball Rd at Bloomfield St Cypress HCM / ICU S D
8 Ball Rd at Denni St Cypress HCM / ICU S D
9 Ball Rd at Moody St Cypress HCM / ICU S D
10 Ball Rd at Walker St Cypress HCM / ICU S D
11 Ball Rd at Valley View St Cypress HCM / ICU S E
12 Cerritos Ave at Los Alamitos Blvd Los Alamitos ICU S E 13 Cerritos Ave at Bloomfield St Los Alamitos ICU S E
14 Cerritos Ave at Lexington Dr / Denni St Cypress/Los Alamitos HCM / ICU S D 15 Cerritos Ave at Moody St Cypress HCM / ICU S D
16 Cerritos Ave at Walker St Cypress HCM / ICU S D
17 Cerritos Ave at Valley View St Cypress HCM / ICU S E 18 Vessels Circle at Walker St Cypress HCM / ICU S D
19 Katella Ave at Los Alamitos Blvd Los Alamitos ICU S E 20 Katella Ave at Bloomfield St Los Alamitos ICU S E
21 Katella Ave at Lexington Dr Cypress/Los Alamitos HCM / ICU S E 22 Katella Ave at Enterprise Dr Cypress/Los Alamitos HCM U E 23 Katella Ave at Siboney St Cypress/Los Alamitos HCM / ICU S E 24 Katella Ave at Walker St Cypress/Los Alamitos HCM / ICU S E 25 Katella Ave at Valley View St Cypress HCM / ICU S E
26 Katella Ave at Hope St Cypress HCM / ICU S E
27 Katella Ave at Holder St Cypress HCM / ICU S E
28 Katella Ave at Dana Way Cypress HCM / ICU S E
29 Katella Ave at Meridian Dr Cypress HCM / ICU S E
30 Orangewood Ave at Valley View St Cypress HCM / ICU S E 31 Vessels Circle at Moody St Cypress HCM U D
32 Driveway 1 at Lexington Dr Cypress HCM U D
33 Driveway 2 at Cerritos Ave Cypress HCM U D
34 Driveway 3 at Cerritos Ave Cypress HCM U D
35 Driveway 4 at Moody St Cypress HCM U D
36 Driveway 5 at Moody St Cypress HCM U D
37 Driveway 6 at Vessels Circle Cypress HCM U D
38 Driveway 7 at Vessels Circle Cypress HCM U D
S = Signalized U = Unsignalized
HCM = Highway Capacity Manual
ICU = Intersection Capacity Utilization
LOS = Level of Service
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Thresholds of Deficiency
City of Cypress
In accordance with the Cypress Transportation Guidelines, a project traffic effect would be considered to be deficient if it causes an increase in HCM average delay per vehicle at a signalized intersection per the following table:
With Project
Level of Service
Project-Related Increase in
Delay (in seconds)
C or better > 6 seconds
D > 4 seconds
E, F > 2 seconds
To determine whether a project’s added traffic would result in a deficiency at a study area unsignalized intersection in accordance with the HCM methodology, the following criteria are applied:
Worsens the level of service at an unsignalized intersection from LOS D or better to LOS E or F; or
Causes an increase in the delay equal to or more than three (3.0) seconds at an unsignalized intersection that operates at LOS E or F with project.
In addition to HCM, as determined through the ICU analysis, a traffic operations deficiency at a signalized study intersection is determined pursuant to the Cypress Transportation Guidelines in accordance with the following:
Worsens the level of service at an intersection from LOS D or better to LOS E or F; or At an intersection operating at LOS E or F without the project, causes an increase in the Volume/Capacity (V/C) Ratio equal to or more than 0.03 to the peak hour ICU with the addition of the project.
City of Los Alamitos
Consistent with recent approved traffic studies in the City of Los Alamitos, utilizing the ICU methodology, a project traffic effect would be considered to be deficient at a signalized intersection if:
At an intersection operating at LOS E or F without the project, causes an increase in the Volume/Capacity (V/C) Ratio equal to or more than 0.01 to any peak hour ICU with the addition of the project.
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For unsignalized intersections, in the City of Los Alamitos, an operational project traffic deficiency occurs if:
The worst approach delay, based on HCM methodology, is 35.01 seconds or greater (LOS E of F), and the project related increase in traffic under “with project” conditions is one percent (1%) or more.
EXISTING CONDITIONS
Existing Roadway System
Regional access to the Buildout Area is provided by the I-605, I-405, SR-22 and SR-91 freeways. The I-605 Freeway is located approximately 1.5 miles west of the Buildout Area, while the I-405 and SR22 Freeways are located approximately 3.5 miles to the south. The SR-91 Freeway is located approximately five miles north of the Buildout Area and provides access to the Inland Empire.
Local access to the project vicinity is provided by several arterial and commuter roadways.
Cerritos Avenue is classified as an east-west Primary Roadway in both the City of Cypress and the City of Los Alamitos Circulation Elements. Cerritos Avenue provides access from the City of Long Beach in the west, where it is named Spring Street, and to the City of Anaheim in the east, where it terminates at Walnut Street, near Disneyland. Cerritos Avenue has a partial interchange with the I605 freeway approximately 1.5 miles west of the Buildout Area. This roadway provides two travel lanes in each direction, separated by a painted median. On-street parking is prohibited, and the speed limit varies between 40 and 45 miles per hour (mph).
Katella Avenue is a six-lane roadway through the Cities of Cypress and Los Alamitos, with a center median and turn lanes at major intersections. Katella Avenue is designated as a Smart Street through the Cities of Cypress and Los Alamitos. It is also designated on the Orange County Congestion Management Program (CMP) as a CMP facility. The posted speed limit varies between 35 and 45 mph through the study area.
Los Alamitos Boulevard varies from a four- to six-lane divided roadway, traversing the City of Los Alamitos in a north-south direction. The posted speed limit on Los Alamitos Boulevard is 35 mph north of Katella Avenue and 40 mph south of Katella Avenue. On-street parking is permitted along some segments of the roadway. The street name changes to Norwalk Boulevard to the north of the City, and to Seal Beach Boulevard to the south.
Bloomfield Street is a four-lane roadway with a center two-way turn lane divider along some segments of the roadway. The posted speed limit on Bloomfield Street is 40 mph north of Cerritos Avenue and 35 mph south of Cerritos Avenue. On-street parking is generally permitted along Bloomfield Street.
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Denni Street/Lexington Drive is a north-south roadway. Denni Street/Lexington Drive begins at Lincoln Avenue in Cypress and ends at the Joint Forces Training Base in Los Alamitos. The name changes from Denni Street to Lexington Drive at Cerritos Avenue. For most of its length, Denni Street is a four-lane undivided roadway with a posted speed limit varying between 35 and 40 mph.
Lexington Drive is generally a two-lane undivided roadway. On-street parking is mostly prohibited.
Along some segments, Class II bike lanes are provided, while other segments are designated Class III bike routes.
Moody Street is a north-south Primary Roadway stretching from Cerritos Avenue on the south, northward through the Cities of La Palma, Cerritos, and others. Moody Street changes name to Carmenita Road north of the SR-91 Freeway. Moody Street is a four-lane roadway with Class II bike lanes on both sides, divided by a painted median. On-street parking is prohibited on both sides, and the posted speed limit is 40 mph.
Walker Street is a north-south Secondary Roadway which begins at Katella Avenue and ends at the I5 freeway. Walker Street is a four-lane roadway divided by a painted median. For a short segment south of Cerritos Avenue, Walker Street has three northbound lanes. Class II bike lanes are generally provided on Walker Street throughout the project vicinity. The posted speed limit is 45 mph.
Valley View Street is a north-south Major Roadway providing regional access between several cities in Orange and Los Angeles Counties. Valley View Street is a six-lane roadway, divided by a raised landscape median, with Class II bike lanes on both sides. On-street parking is prohibited for its entire length, and the posted speed limit is 45 mph.
Existing Peak Hour Traffic Volumes
Existing peak hour turning movement counts were collected on a typical (non-holiday) weekday in May 2024 at the 30 existing study intersections. Existing lane configurations and traffic control at each of the study intersections are shown on Figures 3A and 3B. Existing morning and evening peak hour traffic turning movement volumes for the study intersections are shown on Figures 4A and 4B.
Copies of the traffic count data forms are provided in Appendix A hereto.
Existing Peak Hour Traffic Volumes with Moody Street Extension Moody Street is proposed to be extended southward from its intersection at Cerritos Avenue and connect to existing Siboney Street in accordance with the Specific Plan. Existing traffic to and from the existing Grace Church parking lot, representing traffic from the south leg of the Cerritos Avenue and Moody Street intersection, was redistributed to the church’s driveway on Cerritos Avenue, east of the intersection, as the church parking lot will not have direct access to Moody Street when it is extended. In addition, Vessels Circle would extend further to the west to intersect with Moody Street.
As a result, existing traffic on study intersections was redistributed to account for current drivers that would likely use the Moody Street and Vessels Circle extensions to travel to their destinations.
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Traffic Study January 2026
To understand how traffic would redistribute with the completion of the Moody Street and Vessels extensions, the Orange County Transportation Analysis Model version 5.1 (OCTAM model) was run with the street extensions coded into the model. Moody Street was coded as a 4-lane, 40 mile-perhour (mph) roadway. Vessels Circle was coded as a 2-lane, 25 mph roadway. The intersections of Moody Street and Vessels Circle (with the Vessels Circle extension connecting Walker Street to Moody Street) was also coded into the model. A selectzone analysis for the project scenario was conducted to help determine the trip distribution with the Moody Street and Vessels Circle extensions. Project traffic was manually removed based on this trip distribution to develop no project scenario with the roadway modifications.
The link volumes obtained from the OCTAM model output were post-processed using the B-Turns methodology developed by the Federal Highway Administration (FHWA) to determine intersection turn movement volumes. The OCTAM Model plots and B-Turns worksheets are provided in Appendix C hereto. The resulting redistributed traffic volumes for Existing Conditions are shown on Figures 5A and 5B.
Existing Peak Hour Traffic Conditions
Existing peak hour operations were evaluated using the Intersection Capacity Utilization (ICU) and Highway Capacity Manual (HCM) delay methodologies for signalized study intersections (except that the HCM methodology was not used to analyze the signalized intersections located solely in the City of Los Alamitos because the City of Los Alamitos does not require such analysis), and the Highway Capacity Manual (HCM) delay methodology for unsignalized intersections. The results of the analysis are summarized on Tables 1A and 1B. Intersection analysis worksheets are provided in Appendix B hereto. Those tables show that all the study intersections currently operate acceptably pursuant to the Cypress and Los Alamitos Circulation Elements.
Existing Peak Hour Analysis (With Moody Avenue Extension) The results of the analysis are summarized on Tables 2A and 2B. Those tables show that all study intersections operate at acceptable LOS pursuant to the Cypress and Los Alamitos Circulation Elements. Intersection analysis worksheets are provided in Appendix B hereto. The intersection of Vessels Circle at Moody Street is assumed to be signalized in this scenario and is further described as a project feature in the Existing plus Project Conditions section.
Katella Ave
Ball Rd Los Alamitos Blvd Valley View St Moody St Walker St Denni St Knott Ave Bloomfield St Enterprise Dr Lexington Dr Orange Ave
Lincoln Ave Holder St Dana Way Meridian Dr Hope St
Stanton Storm Channel
Cerritos Ave Holder St
Belmont Ln - 13 - 7. Ball Rd at
Bloomfield St
6. Orange Ave at
Valley View St 8. Ball Rd at Denni St 9. Ball Rd at Moody St 10. Ball Rd at Walker St 11. Ball Rd at Valley View St
13. Cerritos Ave at
Bloomfield St
14. Cerritos Ave at
Lexington Dr/ Denni St
15. Cerritos Ave at
Moody St
16. Cerritos Ave at
Walker St
17. Cerritos Ave at
Valley View St
5. Orange Ave at
Walker St
12. Cerritos Ave at Los
Alamitos Blvd
2. Lincoln Ave at
Walker St
1. Lincoln Ave at
Moody St
4. Orange Ave at
Moody St
3. Lincoln Ave at
Valley View St
LEGEND:
= Study Intersection
= Turn or Through Lane
= Signal
= Stop Sign
STOP = All Way Stop
F = Free Right Turn
18. Vessels Circle at
Walker St
= Buildout Area
OVL
OVL = Right Turn Overlap
OVL
OVL
Katella Ave
Ball Rd Los Alamitos Blvd Valley View St Moody St Walker St Denni St Knott Ave Bloomfield St Enterprise Dr Lexington Dr Orange Ave
Lincoln Ave Holder St Dana Way Meridian Dr Hope St
Stanton Storm Channel
Cerritos Ave Holder St
Belmont Ln - 14 -
F
Future Intersection
F
Future Intersection Future Intersection Future Intersection Future Intersection Future Intersection OVL
OVL
OVL
OVL
OVL
LEGEND:
= Study Intersection
= Turn or Through Lane
= Signal
= Stop Sign
STOP = All Way Stop
F = Free Right Turn
= Buildout Area
OVL = Right Turn Overlap
26. Katella Ave
at Hope St
27. Katella Ave
at Holder St
29. Katella Ave
at Meridian Dr
30. Orangewood Ave
at Valley View St
31. Vessels Circle
at Moody St
28. Katella Ave at
Dana Way/Yamaha Way
24. Katella Ave
at Walker St
25. Katella Ave
at Valley View St
23. Katella Ave
at Siboney St
20. Katella Ave
at Bloomfield St
21. Katella Ave
at Lexington Dr
22. Katella Ave
at Enterprise Dr
19. Katella Ave
at Los Alamitos Blvd
D1. Driveway 1
at Lexington Dr D2. Driveway 2
at Cerritos Ave
D4. Driveway 4
at Moody St
D5. Driveway 5
at Moody St D6. Driveway 6
at Vessels Circle
D3. Driveway 3 / Christopher
St at Cerritos Ave D7. Driveway 7 at
Vessels Cir / Belmont Ln
Future Intersection
Katella Ave
Ball Rd Los Alamitos Blvd Valley View St Moody St Walker St Denni St Knott Ave Bloomfield St Enterprise Dr Lexington Dr Orange Ave
Lincoln Ave Holder St Dana Way Meridian Dr Hope St
Stanton Storm Channel
Cerritos Ave Holder St
Belmont Ln - 15 -
LEGEND:
= Study Intersection
= AM/PM Volumes
7. Ball Rd
at Bloomfield St
6. Orange Ave
at Valley View St 9. Ball Rd at Moody St 8. Ball Rd
at Denni St 10. Ball Rd at Walker St 11. Ball Rd
at Valley View St
13. Cerritos Ave
at Bloomfield St
14. Cerritos Ave at
Lexington Dr / Denni St
15. Cerritos Ave
at Moody St
16. Cerritos Ave
at Walker St
17. Cerritos Ave
at Valley View St
5. Orange Ave
at Walker St
12. Cerritos Ave
at Los Alamitos Blvd
2. Lincoln Ave
at Walker St
1. Lincoln Ave
at Moody St
4. Orange Ave
at Moody St
3. Lincoln Ave
at Valley View St
18. Vessels Circle
at Walker St
= Buildout Area
Katella Ave
Ball Rd Los Alamitos Blvd Valley View St Moody St Walker St Denni St Knott Ave Bloomfield St Enterprise Dr Lexington Dr Orange Ave
Lincoln Ave Holder St Dana Way Meridian Dr Hope St
Stanton Storm Channel
Cerritos Ave Holder St
Belmont Ln - 16 -
LEGEND:
= Study Intersection
= AM/PM Volumes
= Buildout Area
26. Katella Ave
at Hope St
27. Katella Ave
at Holder St
29. Katella Ave
at Meridian Dr
30. Orangewood Ave
at Valley View St
31. Vessels Circle
at Moody St
28. Katella Ave at
Dana Way/Yamaha Way
24. Katella Ave
at Walker St
25. Katella Ave
at Valley View St
23. Katella Ave
at Siboney St
Future Intersection
20. Katella Ave
at Bloomfield St
21. Katella Ave
at Lexington Dr
22. Katella Ave
at Enterprise Dr
19. Katella Ave
at Los Alamitos Blvd
D1. Driveway 1
at Lexington Dr
Future Intersection
D2. Driveway 2
at Cerritos Ave
Future Intersection
D4. Driveway 4
at Moody St
Future Intersection
D5. Driveway 5
at Moody St
Future Intersection
D6. Driveway 6
at Vessels Circle
Future Intersection
D7. Driveway 7 at
Vessels Cir / Belmont Ln
D3. Driveway 3
at Cerritos Ave
Future Intersection
Katella Ave
Ball Rd Los Alamitos Blvd Valley View St Moody St Walker St Denni St Knott Ave Bloomfield St Enterprise Dr Lexington Dr Orange Ave
Lincoln Ave Holder St Dana Way Meridian Dr Hope St
Stanton Storm Channel
Cerritos Ave Holder St
Belmont Ln - 17 -
LEGEND:
= Study Intersection
= AM/PM Volumes
= Buildout Area
7. Ball Rd
at Bloomfield St
6. Orange Ave
at Valley View St 9. Ball Rd at Moody St 8. Ball Rd
at Denni St 10. Ball Rd at Walker St 11. Ball Rd
at Valley View St
13. Cerritos Ave
at Bloomfield St
14. Cerritos Ave at
Lexington Dr / Denni St
15. Cerritos Ave
at Moody St
16. Cerritos Ave
at Walker St
17. Cerritos Ave
at Valley View St
5. Orange Ave
at Walker St
12. Cerritos Ave
at Los Alamitos Blvd
2. Lincoln Ave
at Walker St
1. Lincoln Ave
at Moody St
4. Orange Ave
at Moody St
3. Lincoln Ave
at Valley View St
18. Vessels Circle
at Walker St
Katella Ave
Ball Rd Los Alamitos Blvd Valley View St Moody St Walker St Denni St Knott Ave Bloomfield St Enterprise Dr Lexington Dr Orange Ave
Lincoln Ave Holder St Dana Way Meridian Dr Hope St
Stanton Storm Channel
Cerritos Ave Holder St
Belmont Ln - 18 -
LEGEND:
= Study Intersection
= AM/PM Volumes
= Buildout Area
Future Intersection Future Intersection Future Intersection Future Intersection Future Intersection
26. Katella Ave
at Hope St
27. Katella Ave
at Holder St
29. Katella Ave
at Meridian Dr
30. Orangewood Ave
at Valley View St
31. Vessels Circle
at Moody St
28. Katella Ave at
Dana Way/Yamaha Way
24. Katella Ave
at Walker St
25. Katella Ave
at Valley View St
23. Katella Ave
at Siboney St
20. Katella Ave
at Bloomfield St
21. Katella Ave
at Lexington Dr
22. Katella Ave
at Enterprise Dr
19. Katella Ave
at Los Alamitos Blvd
D1. Driveway 1
at Lexington Dr D2. Driveway 2
at Cerritos Ave
D4. Driveway 4
at Moody St
D5. Driveway 5
at Moody St D6. Driveway 6
at Vessels Circle
D7. Driveway 7 at
Vessels Cir / Belmont Ln
D3. Driveway 3
at Cerritos Ave
Future Intersection
TABLE 1A
SUMMARY OF INTERSECTION OPERATION
EXISTING CONDITIONS
Traffic AM Peak Hour PM Peak Hour
Int. # Intersection Control Delay LOS Delay LOS
1 Lincoln Ave at Moody St S 41.3 D 41.6 D
2 Lincoln Ave at Walker St S 34.3 C 37.8 D
3 Lincoln Ave at Valley View St S 32.2 C 42.8 D
4 Orange Ave at Moody St S 26.8 C 21.2 C
5 Orange Ave at Walker St S 35.1 D 30.7 C
6 Orange Ave at Valley View St S 35.9 D 35.8 D
7 Ball Rd at Bloomfield St S 25.1 C 25.9 C
8 Ball Rd at Denni St S 24.9 C 21.9 C
9 Ball Rd at Moody St S 32.4 C 31.5 C
10 Ball Rd at Walker St S 36.5 D 41.1 D
11 Ball Rd at Valley View St S 49.9 D 49.0 D
12 Cerritos Ave at Los Alamitos Blvd S N/A N/A N/A N/A
13 Cerritos Ave at Bloomfield St S N/A N/A N/A N/A
14 Cerritos Ave at Lexington Dr/ Denni St S 21.3 C 21.7 C 15 Cerritos Ave at Moody St S 19.8 B 16.5 B
16 Cerritos Ave at Walker St S 27.7 C 32.0 C
17 Cerritos Ave at Valley View St S 41.3 D 50.9 D
18 Vessels Circle at Walker St S 4.1 A 3.8 A
19 Katella Ave at Los Alamitos Blvd S N/A N/A N/A N/A
20 Katella Ave at Bloomfield St S N/A N/A N/A N/A
21 Katella Ave at Lexington Dr S 31.9 C 38.1 D
22 Katella Ave at Enterprise Dr U 23.7 C 21.5 C
23 Katella Ave at Siboney St S 13.1 B 19.8 B
24 Katella Ave at Walker St S 24.0 C 28.1 C
25 Katella Ave at Valley View St S 45.4 D 49.7 D
26 Katella Ave at Hope St S 6.4 A 12.0 B
27 Katella Ave at Holder St S 13.8 B 15.9 B
28 Katella Ave at Dana Way S 5.7 A 6.4 A
29 Katella Ave at Meridian Dr S 9.0 A 26.7 C
30 Orangewood Ave at Valley View St S 30.7 C 38.3 D
31 Vessels Circle at Moody St
D1 Driveway 1 at Lexington Dr
D2 Driveway 2 at Cerritos Ave
D3 Driveway 3 at Cerritos Ave
D4 Driveway 4 at Moody St
D5 Driveway 5 at Moody St
D6 Driveway 6 at Vessels Circle
D7 Driveway 7 / Belmont Ln at Vessels Circle U 8.5 A 8.4 A HCM Methodology
Notes:
- S = Signalized- U = Unsignalized
- HCM = Highway Capacity Manual
- LOS = Level of Service
- Intersection operation is expressed in average seconds of delay (del/veh) ratio for HCM methodology. - HCM Methodology for Signalized intersections in City of Los Alamitos is Not Applicable and noted as N/A.
Future Intersection
Future Intersection
Future Intersection
Future Intersection
Future Intersection
Future Intersection
Future Intersection
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TABLE 1B
SUMMARY OF INTERSECTION OPERATION
EXISTING CONDITIONS
Traffic AM Peak Hour PM Peak Hour
Int. # Intersection Control ICU LOS ICU LOS
1 Lincoln Ave at Moody St S 0.695 B 0.729 C
2 Lincoln Ave at Walker St S 0.558 A 0.664 B
3 Lincoln Ave at Valley View St S 0.626 B 0.703 C
4 Orange Ave at Moody St S 0.564 A 0.548 A
5 Orange Ave at Walker St S 0.618 B 0.607 B
6 Orange Ave at Valley View St S 0.674 B 0.700 B
7 Ball Rd at Bloomfield St S 0.664 B 0.663 B
8 Ball Rd at Denni St S 0.525 A 0.502 A
9 Ball Rd at Moody St S 0.645 B 0.669 B
10 Ball Rd at Walker St S 0.671 B 0.695 B
11 Ball Rd at Valley View St S 0.710 C 0.721 C
12 Cerritos Ave at Los Alamitos Blvd S 0.850 D 0.892 D
13 Cerritos Ave at Bloomfield St S 0.665 B 0.671 B
14 Cerritos Ave at Lexington Dr/ Denni St S 0.503 A 0.539 A 15 Cerritos Ave at Moody St S 0.544 A 0.724 C
16 Cerritos Ave at Walker St S 0.545 A 0.642 B
17 Cerritos Ave at Valley View St S 0.718 C 0.812 D
18 Vessels Circle at Walker St S 0.359 A 0.367 A
19 Katella Ave at Los Alamitos Blvd S 0.717 C 0.726 C
20 Katella Ave at Bloomfield St S 0.708 C 0.725 C
21 Katella Ave at Lexington Dr S 0.523 A 0.661 B
22 Katella Ave at Enterprise Dr U - - - -
23 Katella Ave at Siboney St S 0.395 A 0.560 A
24 Katella Ave at Walker St S 0.515 A 0.620 B
25 Katella Ave at Valley View St S 0.652 B 0.710 C
26 Katella Ave at Hope St S 0.288 A 0.391 A
27 Katella Ave at Holder St S 0.341 A 0.430 A
28 Katella Ave at Dana Way S 0.312 A 0.419 A
29 Katella Ave at Meridian Dr S 0.362 A 0.522 A
30 Orangewood Ave at Valley View St S 0.661 B 0.785 C
31 Vessels Circle at Moody St
D1 Driveway 1 at Lexington Dr
D2 Driveway 2 at Cerritos Ave
D3 Driveway 3 at Cerritos Ave
D4 Driveway 4 at Moody St
D5 Driveway 5 at Moody St
D6 Driveway 6 at Vessels Circle
D7 Driveway 7 / Belmont Ln at Vessels Circle U - - - -
ICU Methodology
Notes:
- S = Signalized- U = Unsignalized
- ICU = Intersection Capacity Utilization
- LOS = Level of Service
- Intersection operation is expressed in terms of volume-to-capacity (V/C) ratio using the ICU methodology.
Future Intersection
Future Intersection
Future Intersection
Future Intersection
Future Intersection
Future Intersection
Future Intersection
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TABLE 2A
SUMMARY OF INTERSECTION OPERATION
EXISTING CONDITIONS (WITH EXTENSIONS)
Traffic AM Peak Hour PM Peak Hour
Int. # Intersection Control Delay LOS Delay LOS
1 Lincoln Ave at Moody St S 40.1 D 41.6 D
2 Lincoln Ave at Walker St S 34.3 C 37.7 D
3 Lincoln Ave at Valley View St S 32.0 C 41.9 D
4 Orange Ave at Moody St S 27.1 C 20.7 C
5 Orange Ave at Walker St S 36.3 D 30.2 C
6 Orange Ave at Valley View St S 35.4 D 34.6 C
7 Ball Rd at Bloomfield St S 25.4 C 25.7 C
8 Ball Rd at Denni St S 24.7 C 22.0 C
9 Ball Rd at Moody St S 35.9 D 22.1 C
10 Ball Rd at Walker St S 33.3 C 37.7 D
11 Ball Rd at Valley View St S 50.8 D 47.7 D
12 Cerritos Ave at Los Alamitos Blvd S N/A N/A N/A N/A
13 Cerritos Ave at Bloomfield St S N/A N/A N/A N/A
14 Cerritos Ave at Lexington Dr/ Denni St S 20.5 C 18.0 B 15 Cerritos Ave at Moody St S 28.9 C 37.8 D
16 Cerritos Ave at Walker St S 24.7 C 28.1 C
17 Cerritos Ave at Valley View St S 40.5 D 49.8 D
18 Vessels Circle at Walker St S 12.2 B 12.3 B
19 Katella Ave at Los Alamitos Blvd S N/A N/A N/A N/A
20 Katella Ave at Bloomfield St S N/A N/A N/A N/A
21 Katella Ave at Lexington Dr S 29.8 C 36.1 D
22 Katella Ave at Enterprise Dr U 19.6 C 21.2 C
23 Katella Ave at Siboney St S 18.5 B 20.3 C
24 Katella Ave at Walker St S 17.5 B 23.3 C
25 Katella Ave at Valley View St S 42.7 D 46.1 D
26 Katella Ave at Hope St S 6.4 A 11.9 B
27 Katella Ave at Holder St S 12.0 B 14.8 B
28 Katella Ave at Dana Way S 5.7 A 6.4 A
29 Katella Ave at Meridian Dr S 8.9 A 6.5 A
30 Orangewood Ave at Valley View St S 30.3 C 35.3 D
31 Vessels Circle at Moody St S 22.5 C 18.1 B
D1 Driveway 1 at Lexington Dr
D2 Driveway 2 at Cerritos Ave
D3 Driveway 3 at Cerritos Ave
D4 Driveway 4 at Moody St
D5 Driveway 5 at Moody St
D6 Driveway 6 at Vessels Circle
D7 Driveway 7 / Belmont Ln at Vessels Circle U 10.5 B 9.7 A HCM Methodology
Notes:
- S = Signalized- U = Unsignalized
- HCM = Highway Capacity Manual
- LOS = Level of Service
- Intersection operation is expressed in average seconds of delay (del/veh) ratio for HCM methodology. - HCM Methodology for Signalized intersections in City of Los Alamitos is Not Applicable and noted as N/A.
Future Intersection
Future Intersection
Future Intersection
Future Intersection
Future Intersection
Future Intersection
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TABLE 2B
SUMMARY OF INTERSECTION OPERATION
EXISTING CONDITIONS (WITH EXTENSIONS)
Traffic AM Peak Hour PM Peak Hour
Int. # Intersection Control ICU LOS ICU LOS
1 Lincoln Ave at Moody St S 0.696 B 0.716 C
2 Lincoln Ave at Walker St S 0.547 A 0.668 B
3 Lincoln Ave at Valley View St S 0.621 B 0.697 B
4 Orange Ave at Moody St S 0.594 A 0.566 A
5 Orange Ave at Walker St S 0.596 A 0.581 A
6 Orange Ave at Valley View St S 0.662 B 0.685 B
7 Ball Rd at Bloomfield St S 0.669 B 0.662 B
8 Ball Rd at Denni St S 0.541 A 0.527 A
9 Ball Rd at Moody St S 0.698 B 0.523 A
10 Ball Rd at Walker St S 0.664 B 0.641 B
11 Ball Rd at Valley View St S 0.690 B 0.707 C
12 Cerritos Ave at Los Alamitos Blvd S 0.857 D 0.859 D
13 Cerritos Ave at Bloomfield St S 0.677 B 0.659 B
14 Cerritos Ave at Lexington Dr/ Denni St S 0.496 A 0.558 A 15 Cerritos Ave at Moody St S 0.592 A 0.802 D
16 Cerritos Ave at Walker St S 0.485 A 0.529 A
17 Cerritos Ave at Valley View St S 0.704 C 0.813 D
18 Vessels Circle at Walker St S 0.378 A 0.672 B
19 Katella Ave at Los Alamitos Blvd S 0.716 C 0.297 A
20 Katella Ave at Bloomfield St S 0.704 C 0.708 C
21 Katella Ave at Lexington Dr S 0.478 A 0.649 B
22 Katella Ave at Enterprise Dr U - - - -
23 Katella Ave at Siboney St S 0.432 A 0.565 A
24 Katella Ave at Walker St S 0.442 A 0.556 A
25 Katella Ave at Valley View St S 0.629 B 0.703 C
26 Katella Ave at Hope St S 0.285 A 0.322 A
27 Katella Ave at Holder St S 0.324 A 0.367 A
28 Katella Ave at Dana Way S 0.312 A 0.419 A
29 Katella Ave at Meridian Dr S 0.358 A 0.407 A
30 Orangewood Ave at Valley View St S 0.653 B 0.764 C
31 Vessels Circle at Moody St S 0.284 A 0.420 A
D1 Driveway 1 at Lexington Dr
D2 Driveway 2 at Cerritos Ave
D3 Driveway 3 at Cerritos Ave
D4 Driveway 4 at Moody St
D5 Driveway 5 at Moody St
D6 Driveway 6 at Vessels Circle
D7 Driveway 7 / Belmont Ln at Vessels Circle U - - - -
ICU Methodology
Notes:
- S = Signalized- U = Unsignalized
- ICU = Intersection Capacity Utilization
- LOS = Level of Service
- Intersection operation is expressed in terms of volume-to-capacity (V/C) ratio using the ICU methodology.
Future Intersection
Future Intersection
Future Intersection
Future Intersection
Future Intersection
Future Intersection
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Cypress Specific Plan 3.0 Buildout Project - 23 - Kimley-Horn and Associates, Inc.
Traffic Study January 2026
PROJECT TRAFFIC
Project Trip Generation
Daily and peak hour trip generation estimates have been prepared for the Project. Trip generation estimates are based on the Institute of Transportation Engineers (ITE) Trip Generation Manual (11th Edition) trip rates for:
- Single-Family Detached Housing (Land Use 210)
- Single-Family Attached Housing (Land Use 215)
- Multifamily Housing (Low-Rise) (Land Use 220)
- Multifamily Housing (Mid-Rise) (Land Use 221)
- Shopping Center (Land Use 820).
The trip generation estimates for the Project were developed by adding together the trips generated by the residential and commercial/retail uses. A characteristic of mixed-use developments is the potential for interaction among the uses in terms of internal trips or vehicular trips between land uses. For example, the Project will include pedestrian connections between the contemplated residential and commercial/retail components. Residents may make trips to the restaurant and shops by walking there from their homes. As a result, the total inbound and outbound vehicular trips to and from the Buildout Area may be reduced. The resulting reduction in off-site vehicular trips is known as internal capture.
In addition, it is recognized that not all trips into and out of a project will be “new” trips on the roadway system serving a project site. Some trips to the commercial/retail uses will consist of “passby” trips -- motorists who are already traveling on the surrounding roadways from one place to another. Common pass-by trips for a commercial center would be individuals who stop to eat, shop, or run errands on their way to or from work or school.
The trip generation estimates for the project include trip adjustments for internal trip capture between the site uses, and pass-by trips for the commercial/retail uses, based on the ITE Trip Generation Manual Vol. 1: User’s Guide and Handbook. The trip rates and the resulting project trip generation estimates are shown on Table 3. The Project would generate approximately 21,041 vehicle trips on a daily basis, with 1,019 trips in the morning peak hour and 1,418 trips in the evening peak hour.
TABLE 3
SUMMARY OF PROJECT TRIP GENERATION
CYPRESS SPECIFIC PLAN 3.0 BUILDOUT PROJECT
Trip Generation Rates 1
Land Use Unit AM Peak Hour PM Peak Hour
In Out Total In Out Total
Single-Family Detached Housing 210 DU 9.430 0.182 0.518 0.700 0.592 0.348 0.940 Single-Family Attached Housing 215 DU 7.200 0.149 0.331 0.480 0.325 0.245 0.570 Multifamily Housing (Low-Rise) 220 DU 6.740 0.096 0.304 0.400 0.321 0.189 0.510 Multifamily Housing (Mid-Rise) 221 DU 4.540 0.085 0.285 0.370 0.238 0.152 0.390 Shopping Center (>150k) 820 KSF 37.010 0.521 0.319 0.840 1.632 1.768 3.400 Trip Generation Estimates
Land Use Quantity Unit AM Peak Hour PM Peak Hour
In Out Total In Out Total
Employees 50 25 0 25 0 25 25
Horse Trainer 140 70 0 70 0 0 0
Attendees 408 0 0 0 0 204 204
Total Net Existing Project Trips 598 95 0 95 0 229 229
Multifamily Housing (Low-Rise) (Lot 2) 404 DU 2,723 39 123 162 130 76 206 Single-Family Attached Housing (Lot 3) 269 DU 1,937 40 89 129 87 66 153 Single-Family Detached Housing (Lot 4) 141 DU 1,330 26 73 99 83 49 132 Multifamily Housing (Low-Rise) (Lot 7) 309 DU 2,083 30 94 124 99 58 157 Multifamily Housing (Low-Rise) (Lot 10) 29 DU 195 3 9 12 9 5 14 Multifamily Housing (Mid-Rise) (Lot 11) 51 DU 232 4 15 19 12 8 20 Multifamily Housing (Mid-Rise) (Lot 12) 257 DU 1,167 22 73 95 61 39 100 Multifamily Housing (Mid-Rise) (Lot 13) 200 DU 908 17 57 74 48 30 78 Multifamily Housing (Low-Rise) (Lot 14) 131 DU 883 13 40 53 42 25 67 Shopping Center (Lots 10 - 14)3 440 KSF 16,284 229 140 369 718 778 1,496 Total Proposed Trips Before Internal Capture/Pass-By 27,742 423 713 1,136 1,289 1,134 2,423 Internal Capture (12.5% Daily; 2% AM; 23% PM)4, 5 -3,468 -8 -14 -22 -296 -261 -557 Pass-By Reduction for Shopping Center (9.5% Daily; 19% PM)5 -2,635 0 0 0 -105 -114 -219
Total Proposed Project Trips 21,639 415 699 1,114 888 759 1,647 Net Difference (Proposed Minus Existing) 21,041 320 699 1,019 888 530 1,418 DU = Dwelling Unit
KSF = Thousand Square Feet
Existing Use - Race Course 2
ITE Code
Daily
Daily
Proposed Use
2 Note: Trip Generation data provided by Applicant.
5 Note: The ITE Trip Generation Manual does not provide internal capture or pass-by percentage reductions for daily trip generation. The typical industry practice is to average the AM and PM trip reduction percentages to determine the daily internal capture and pass-by reduction. 3 Note: Using approximately 50% of maximum non-residential floor area permitted by the Specific Plan. 1 Source: Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition and Trip Generation Manual, 11th Edition-Errata. 4 Note: See Attachment E for Internal Capture Worksheets.
Cypress Specific Plan 3.0 Buildout Project
Traffic Study
- 24 - Kimley-Horn and Associates, Inc.
January 2026
Cypress Specific Plan 3.0 Buildout Project - 25 - Kimley-Horn and Associates, Inc.
Traffic Study January 2026
Project Trip Distribution and Assignment
Trip distribution assumptions for the Project were developed based on the likely origins and destinations of residents, patrons, and employees. Patrons of the commercial/retail uses are assumed to come primarily from nearby residential neighborhoods. Trip distribution assumptions during the morning and afternoon peak hours for the residential and commercial/retail portions of the project are shown on Figure 6A and 6B, respectively. In addition, a breakdown of trip distribution assumptions at the project driveways for the residential and commercial/retail portions for the individual land use districts within the Buildout Area are provided in Appendix D.
Based on these trip distribution assumptions, the project trips that would be added to the street system were calculated and are shown on Figures 7A and 7B. Traffic volumes for internal capture and pass-by are reflected on Figures 8 and 9. The internal capture worksheet is provided in Appendix E.
EXISTING PLUS PROJECT CONDITIONS
This section addresses the traffic-related impacts associated with adding project-related trips to Existing Conditions traffic volumes. The Existing Plus Project scenario is a hypothetical scenario that could not actually occur. It assumes that the Project would be fully operational at the present time, with no other changes to area traffic volumes or to the street network serving the Buildout Area. This analysis assumes full development of the project, full operation of Moody Street between Cerritos Avenue and Katella Avenue, and full absorption of project traffic on the circulation system at the present time. The analysis also assumes the project features to be in place at the following intersections, the conceptual layouts of which are shown on Figures 10 and 11:
o Intersection #15 – Cerritos Avenue at Moody Street
Eastbound approach – Stripe exclusive right-turn lane. Southbound approach – Provide two left-turn lanes, one through lane, and one shared through/right-turn lane.
Northbound approach – Provide two left-turn lanes, one through lane, and one shared through/right-turn lane.
o Intersection #31 – Vessels Circle at Moody Street
Install traffic signal.
Northbound approach – Provide one left-turn lane, two through lanes, one right-turn lane.
Southbound approach – Provide one left-turn lane, one through lanes, one shared through/right-turn lane.
Westbound approach – Provide one left-turn lane, one through lane, and one right-turn lane.
Eastbound approach (driveway access to Lot 13) – Provide one left-turn lane and one shared through/right-turn lane.
The project driveways are included in this scenario and are all analyzed as unsignalized two-way stop-controlled intersections.
Katella Ave
605
INTERSTATE
Ball Rd
lamitos Blvd
Valley View St
Moody StWalker St
Denni St
Knott Ave
S Western Ave
Bloomfield St
Enterprise Dr
Lexington Dr
Orange Ave
Lincoln Ave
Holder St
Dana Way
Meridian Dr
Hope St
Stanton Storm Channel
Cerritos Ave
der St
Belmont Ln - 26 -
LEGEND:
= Trip Distribution
Percentage
10%
10% 5% 15%
5% 15%
2%
5%
5%
5%
5%
10%
3%
2% 3%
= Buildout Area
Katella Ave
605
INTERSTATE
Ball Rd
lamitos Blvd
Valley View St
Moody StWalker St
Denni St
Knott Ave
S Western Ave
Bloomfield St
Enterprise Dr
Lexington Dr
Orange Ave
Lincoln Ave
Holder St
Dana Way
Meridian Dr
Hope St
Stanton Storm Channel
Cerritos Ave
der St
Belmont Ln - 27-
3%
3% 5% 15%
5% 15%
2%
7%
10%
5%
3%
10%
2%
5% 5%
5%
LEGEND:
= Trip Distribution
Percentage
= Buildout Area
Katella Ave
Ball Rd Los Alamitos Blvd Valley View St Moody St Walker St Denni St Knott Ave Bloomfield St Enterprise Dr Lexington Dr Orange Ave
Lincoln Ave Holder St Dana Way Meridian Dr Hope St
Stanton Storm Channel
Cerritos Ave Holder St
Belmont Ln - 28 -
LEGEND:
= Study Intersection
= AM/PM Volumes
= Buildout Area
7. Ball Rd
at Bloomfield St
6. Orange Ave
at Valley View St 9. Ball Rd at Moody St 8. Ball Rd
at Denni St 10. Ball Rd at Walker St 11. Ball Rd
at Valley View St
13. Cerritos Ave
at Bloomfield St
14. Cerritos Ave at
Lexington Dr / Denni St
15. Cerritos Ave
at Moody St
16. Cerritos Ave
at Walker St
17. Cerritos Ave
at Valley View St
5. Orange Ave
at Walker St
12. Cerritos Ave
at Los Alamitos Blvd
2. Lincoln Ave
at Walker St
1. Lincoln Ave
at Moody St
4. Orange Ave
at Moody St
3. Lincoln Ave
at Valley View St
18. Vessels Circle
at Walker St
Katella Ave
Ball Rd Los Alamitos Blvd Valley View St Moody St Walker St Denni St Knott Ave Bloomfield St Enterprise Dr Lexington Dr Orange Ave
Lincoln Ave Holder St Dana Way Meridian Dr Hope St
Stanton Storm Channel
Cerritos Ave Holder St
Belmont Ln - 29 -
LEGEND:
= Study Intersection
= AM/PM Volumes
= Buildout Area
26. Katella Ave
at Hope St
27. Katella Ave
at Holder St
29. Katella Ave
at Meridian Dr
30. Orangewood Ave
at Valley View St
31. Vessels Circle
at Moody St
28. Katella Ave at
Dana Way/Yamaha Way
24. Katella Ave
at Walker St
25. Katella Ave
at Valley View St
23. Katella Ave
at Siboney St
20. Katella Ave
at Bloomfield St
21. Katella Ave
at Lexington Dr
22. Katella Ave
at Enterprise Dr
19. Katella Ave
at Los Alamitos Blvd
D1. Driveway 1
at Lexington Dr D2. Driveway 2
at Cerritos Ave
D4. Driveway 4
at Moody St
D5. Driveway 5
at Moody St D6. Driveway 6
at Vessels Circle
D7. Driveway 7 at
Vessels Cir / Belmont Ln
D3. Driveway 3
at Cerritos Ave
Katella Ave
Ball Rd Los Alamitos Blvd Valley View St Moody St Walker St Denni St Knott Ave Bloomfield St Enterprise Dr Lexington Dr Orange Ave
Lincoln Ave Holder St Dana Way Meridian Dr Hope St
Stanton Storm Channel
Cerritos Ave Holder St
Belmont Ln - 30 -
LEGEND:
= Study Intersection
= AM/PM Volumes
= Buildout Area
D1. Driveway 1 at
Lexington Dr D2. Driveway 2 at
Cerritos Ave
D4. Driveway 4 at
Moody St
D5. Driveway 5 at
Moody St D6. Driveway 6 at
Vessels Circle
D7. Driveway 7 at
Vessels Circle
31. Vessels Circle at
Moody St D3. Driveway 3
at Cerritos Ave
Katella Ave
605
INTERSTATE
Ball Rd Los Alamitos Blvd Valley View St Moody St Walker St Denni St Knott Ave S Western Ave Bloomfield St Enterprise Dr Lexington Dr Orange Ave
Lincoln Ave Holder St Dana Way Meridian Dr Hope St
Stanton Storm Channel
Cerritos Ave Holder St
Belmont Ln - 31 -
LEGEND:
= Study Intersection
= AM/PM Volumes
= Buildout Area
15. Cerritos Ave at
Moody St
23. Katella Ave at
Siboney St
31. Vessels Circle at
Moody St
- 32 -
- 33 -
Cypress Specific Plan 3.0 Buildout Project - 34 - Kimley-Horn and Associates, Inc.
Traffic Study January 2026
Existing Plus Project Peak Hour Analysis (With Moody Street Extension) Project-related trips were added to existing traffic volumes to forecast Existing Plus Project Conditions. Morning and evening peak hour traffic volumes for this scenario are shown on Figures 12A and 12B. A summary of the resulting intersection Level of Service is provided on Tables 4A and 4B. Intersection analysis worksheets are provided in Appendix B hereto. These Tables show that, during the noted peak hour, no study intersections in both the City of Cypress and City of Los Alamitos would operate unacceptably with the addition of project traffic pursuant to the Cypress or Los Alamitos Circulation Element, as applicable.
However, pursuant to the Cypress Transportation Guidelines, a project-related traffic effect is considered deficient under the HCM methodology if the increase in delay exceeds the City’s applicable threshold of deficiency. While the following intersections operate acceptably pursuant to the Cypress Circulation Element, the addition of project traffic at those intersections increases the intersection delay, during the noted peak hours, beyond the relevant thresholds of deficiency and are considered to have project-related effects, as shown on Table 4A:
HCM Methodology:
o #16 – Cerritos Avenue at Walker Street: PM Peak
o #17 – Cerritos Avenue at Valley View Street: PM Peak
o #18 – Vessels Circle at Walker Street: PM Peak
o #23 – Katella Avenue at Siboney Street: PM Peak
o #25 – Katella Avenue at Valley View: PM Peak.
With respect to the ICU analysis for Existing Plus Project, all study intersections would operate acceptably pursuant to both the Cypress Circulation Element and Los Alamitos Circulation Element.
Therefore, the Project would not have a project-related effect under the ICU methodology at any of the study intersections.
Katella Ave
Ball Rd Los Alamitos Blvd Valley View St Moody St Walker St Denni St Knott Ave Bloomfield St Enterprise Dr Lexington Dr Orange Ave
Lincoln Ave Holder St Dana Way Meridian Dr Hope St
Stanton Storm Channel
Cerritos Ave Holder St
Belmont Ln - 35 -
LEGEND:
= Study Intersection
= AM/PM Volumes
= Buildout Area
7. Ball Rd
at Bloomfield St
6. Orange Ave
at Valley View St 9. Ball Rd at Moody St 8. Ball Rd
at Denni St 10. Ball Rd at Walker St 11. Ball Rd
at Valley View St
13. Cerritos Ave
at Bloomfield St
14. Cerritos Ave at
Lexington Dr / Denni St
15. Cerritos Ave
at Moody St
16. Cerritos Ave
at Walker St
17. Cerritos Ave
at Valley View St
5. Orange Ave
at Walker St
12. Cerritos Ave
at Los Alamitos Blvd
2. Lincoln Ave
at Walker St
1. Lincoln Ave
at Moody St
4. Orange Ave
at Moody St
3. Lincoln Ave
at Valley View St
18. Vessels Circle
at Walker St
Katella Ave
Ball Rd Los Alamitos Blvd Valley View St Moody St Walker St Denni St Knott Ave Bloomfield St Enterprise Dr Lexington Dr Orange Ave
Lincoln Ave Holder St Dana Way Meridian Dr Hope St
Stanton Storm Channel
Cerritos Ave Holder St
Belmont Ln - 36 -
LEGEND:
= Study Intersection
= AM/PM Volumes
= Buildout Area
26. Katella Ave
at Hope St
27. Katella Ave
at Holder St
29. Katella Ave
at Meridian Dr
30. Orangewood Ave
at Valley View St
31. Vessels Circle
at Moody St
28. Katella Ave at
Dana Way/Yamaha Way
24. Katella Ave
at Walker St
25. Katella Ave
at Valley View St
23. Katella Ave
at Siboney St
20. Katella Ave
at Bloomfield St
21. Katella Ave
at Lexington Dr
22. Katella Ave
at Enterprise Dr
19. Katella Ave
at Los Alamitos Blvd
D1. Driveway 1
at Lexington Dr D2. Driveway 2
at Cerritos Ave
D4. Driveway 4
at Moody St
D5. Driveway 5
at Moody St D6. Driveway 6
at Vessels Circle
D7. Driveway 7 at
Vessels Cir / Belmont Ln
D3. Driveway 3
at Cerritos Ave
AM Peak Hour PM Peak Hour
Int. # Intersection Traffic
Control Delay LOS Delay LOS Delay LOS Delay LOS
1 Lincoln Ave at Moody St S 40.1 D 41.9 D 1.8 No 41.6 D 45.1 D 3.5 No 2 Lincoln Ave at Walker St S 34.3 C 35.0 C 0.7 No 37.7 D 39.6 D 1.9 No 3 Lincoln Ave at Valley View St S 32.0 C 32.7 C 0.7 No 41.9 D 43.0 D 1.1 No 4 Orange Ave at Moody St S 27.1 C 27.0 C -0.1 No 20.7 C 20.6 C -0.1 No 5 Orange Ave at Walker St S 36.3 D 36.1 D -0.2 No 30.2 C 29.9 C -0.3 No 6 Orange Ave at Valley View St S 35.4 D 35.6 D 0.2 No 34.6 C 35.3 D 0.7 No 7 Ball Rd at Bloomfield St S 25.4 C 25.6 C 0.2 No 25.7 C 25.9 C 0.2 No 8 Ball Rd at Denni St S 24.7 C 24.8 C 0.1 No 22.0 C 22.2 C 0.2 No 9 Ball Rd at Moody St S 35.9 D 37.3 D 1.4 No 22.1 C 25.3 C 3.2 No 10 Ball Rd at Walker St S 33.3 C 34.8 C 1.5 No 37.7 D 40.1 D 2.4 No 11 Ball Rd at Valley View St S 50.8 D 51.2 D 0.4 No 47.7 D 49.5 D 1.8 No 12 Cerritos Ave at Los Alamitos Blvd S N/A N/A N/A N/A N/A No N/A N/A N/A N/A N/A No 13 Cerritos Ave at Bloomfield St S N/A N/A N/A N/A N/A No N/A N/A N/A N/A N/A No 14 Cerritos Ave at Lexington Dr/ Denni St S 20.5 C 21.4 C 0.9 No 18.0 B 19.1 B 1.1 No 15 Cerritos Ave at Moody St S 28.9 C 28.1 C -0.8 No 37.8 D 30.2 C -7.5 No 16 Cerritos Ave at Walker St S 24.7 C 27.8 C 3.1 No 28.1 C 37.3 D 9.2 Yes 17 Cerritos Ave at Valley View St S 40.5 D 43.1 D 2.6 No 49.8 D 59.8 E 10.0 Yes 18 Vessels Circle at Walker St S 12.2 B 14.6 B 2.4 No 12.3 B 23.5 C 11.2 Yes 19 Katella Ave at Los Alamitos Blvd S N/A N/A N/A N/A N/A No N/A N/A N/A N/A N/A No 20 Katella Ave at Bloomfield St S N/A N/A N/A N/A N/A No N/A N/A N/A N/A N/A No 21 Katella Ave at Lexington Dr S 29.8 C 30.4 C 0.6 No 36.1 D 37.2 D 1.1 No 22 Katella Ave at Enterprise Dr U 19.6 C 21.1 C 1.5 No 21.2 C 22.9 C 1.7 No 23 Katella Ave at Siboney St S 18.5 B 24.3 C 5.8 No 20.3 C 28.3 C 8.0 Yes 24 Katella Ave at Walker St S 17.5 B 18.1 B 0.6 No 23.3 C 24.3 C 1.0 No 25 Katella Ave at Valley View St S 42.7 D 42.8 D 0.1 No 46.1 D 51.3 D 5.2 Yes 26 Katella Ave at Hope St S 6.4 A 6.4 A 0.0 No 11.9 B 11.8 B -0.1 No 27 Katella Ave at Holder St S 12.0 B 11.8 B -0.2 No 14.8 B 14.6 B -0.2 No 28 Katella Ave at Dana Way S 5.7 A 5.6 A -0.1 No 6.4 A 6.4 A 0.0 No 29 Katella Ave at Meridian Dr S 8.9 A 8.9 A 0.0 No 6.5 A 6.5 A 0.0 No 30 Orangewood Ave at Valley View St S 30.3 C 30.7 C 0.4 No 35.3 D 37.9 D 2.6 No 31 Vessels Circle at Moody St S 22.5 C 23.3 C 0.9 No 18.1 B 21.9 C 3.8 No D1 Driveway 1 at Lexington Dr U - - 11.4 B - No - - 10.0 B - No D2 Driveway 2 at Cerritos Ave U - - 18.1 C - No - - 21.4 C - No D3 Driveway 3 at Cerritos Ave U - - 17.7 C - No - - 20.5 C - No D4 Driveway 4 at Moody St U - - 15.0 C - No - - 19.4 C - No D5 Driveway 5 at Moody St U - - 12.0 B - No - - 15.0 B - No D6 Driveway 6 at Vessels Circle U - - 12.1 B - No - - 24.1 C - No D7 Driveway 7 / Belmont Ln at Vessels Circle U - - 12.7 B - No - - 23.9 C - No TABLE 4A
Without Project With Project
HCM Methodology
EXISTING PLUS PROJECT (WITH EXTENSIONS)
Notes:
- S = Signalized- U = Unsignalized
- HCM = Highway Capacity Manual
- LOS = Level of Service
- Intersection operation is expressed in average seconds of delay (del/veh) ratio for HCM methodology. - HCM Methodology for Signalized intersections in City of Los Alamitos is Not Applicable and noted as N/A.
ProjectRelated
Effect?
Change
in Delay
Change in
Delay
ProjectRelated
Effect?
SUMMARY OF INTERSECTION OPERATION
Without Project With Project
Cypress Specific Plan 3.0 Buildout Project
Traffic Study
- 37 - Kimley-Horn and Associates, Inc.
January 2026
AM Peak Hour PM Peak Hour
Int. # Intersection Traffic
Control ICU LOS ICU LOS ICU LOS ICU LOS
1 Lincoln Ave at Moody St S 0.696 B 0.717 C 0.021 No 0.716 C 0.736 C 0.020 No 2 Lincoln Ave at Walker St S 0.547 A 0.568 A 0.021 No 0.668 B 0.683 B 0.015 No 3 Lincoln Ave at Valley View St S 0.621 B 0.638 B 0.017 No 0.697 B 0.718 C 0.021 No 4 Orange Ave at Moody St S 0.594 A 0.609 B 0.015 No 0.566 A 0.591 A 0.025 No 5 Orange Ave at Walker St S 0.596 A 0.605 B 0.009 No 0.581 A 0.591 A 0.010 No 6 Orange Ave at Valley View St S 0.662 B 0.671 B 0.009 No 0.685 B 0.702 C 0.017 No 7 Ball Rd at Bloomfield St S 0.669 B 0.676 B 0.007 No 0.662 B 0.668 B 0.006 No 8 Ball Rd at Denni St S 0.541 A 0.547 A 0.006 No 0.527 A 0.535 A 0.008 No 9 Ball Rd at Moody St S 0.698 B 0.720 C 0.022 No 0.523 A 0.563 A 0.040 No 10 Ball Rd at Walker St S 0.664 B 0.678 B 0.014 No 0.641 B 0.660 B 0.019 No 11 Ball Rd at Valley View St S 0.690 B 0.709 C 0.019 No 0.707 C 0.742 C 0.035 No 12 Cerritos Ave at Los Alamitos Blvd S 0.857 D 0.878 D 0.021 No 0.859 D 0.897 D 0.038 No 13 Cerritos Ave at Bloomfield St S 0.677 B 0.693 B 0.016 No 0.659 B 0.688 B 0.029 No 14 Cerritos Ave at Lexington Dr/ Denni St S 0.496 A 0.545 A 0.049 No 0.558 A 0.588 A 0.030 No 15 Cerritos Ave at Moody St S 0.592 A 0.601 B 0.009 No 0.802 D 0.755 C -0.047 No 16 Cerritos Ave at Walker St S 0.485 A 0.548 A 0.063 No 0.529 A 0.650 B 0.121 No 17 Cerritos Ave at Valley View St S 0.704 C 0.746 C 0.042 No 0.813 D 0.864 D 0.051 No 18 Vessels Circle at Walker St S 0.378 A 0.489 A 0.111 No 0.672 B 0.808 D 0.136 No 19 Katella Ave at Los Alamitos Blvd S 0.716 C 0.734 C 0.018 No 0.297 A 0.311 A 0.014 No 20 Katella Ave at Bloomfield St S 0.704 C 0.726 C 0.022 No 0.708 C 0.729 C 0.021 No 21 Katella Ave at Lexington Dr S 0.478 A 0.499 A 0.021 No 0.649 B 0.676 B 0.027 No 22 Katella Ave at Enterprise Dr U - - - - - - - - - - - - 23 Katella Ave at Siboney St S 0.432 A 0.475 A 0.043 No 0.565 A 0.621 B 0.056 No 24 Katella Ave at Walker St S 0.442 A 0.462 A 0.020 No 0.556 A 0.591 A 0.035 No 25 Katella Ave at Valley View St S 0.629 B 0.648 B 0.019 No 0.703 C 0.735 C 0.032 No 26 Katella Ave at Hope St S 0.285 A 0.294 A 0.009 No 0.322 A 0.330 A 0.008 No 27 Katella Ave at Holder St S 0.324 A 0.329 A 0.005 No 0.367 A 0.375 A 0.008 No 28 Katella Ave at Dana Way S 0.312 A 0.316 A 0.004 No 0.419 A 0.427 A 0.008 No 29 Katella Ave at Meridian Dr S 0.358 A 0.362 A 0.004 No 0.407 A 0.415 A 0.008 No 30 Orangewood Ave at Valley View St S 0.653 B 0.663 B 0.010 No 0.764 C 0.791 C 0.027 No 31 Vessels Circle at Moody St S 0.284 A 0.351 A 0.067 No 0.420 A 0.567 A 0.147 No D1 Driveway 1 at Lexington Dr U - - - - - - - - - - - - D2 Driveway 2 at Cerritos Ave U - - - - - - - - - - - - D3 Driveway 3at Cerritos Ave U - - - - - - - - - - - -
D4 Driveway 4 at Moody St U - - - - - - - - - - - -
D5 Driveway 5 at Moody St U - - - - - - - - - - - -
D6 Driveway 6 at Vessels Circle U - - - - - - - - - - - - D7 Driveway 7 / Belmont Ln at Vessels Circle U - - - - - - - - - - - - Project
Impact
ProjectRelated
Effect?
Notes:
- S = Signalized- U = Unsignalized
- ICU = Intersection Capacity Utilization
- LOS = Level of Service
- Intersection operation is expressed in terms of volume-to-capacity (V/C) ratio using the ICU methodology. - * Exempt from City of Los Alamitos LOS D standard per Mobility and Circulation Element, Policy 1.4 (Level of Service) ICU Methodology
TABLE 4B
SUMMARY OF INTERSECTION OPERATION
EXISTING PLUS PROJECT (WITH EXTENSIONS)
Without Project With Project Without Project With Project Project
Impact
ProjectRelated
Effect?
Cypress Specific Plan 3.0 Buildout Project
Traffic Study
- 38 - Kimley-Horn and Associates, Inc.
January 2026
Cypress Specific Plan 3.0 Buildout Project - 39 - Kimley-Horn and Associates, Inc.
Traffic Study January 2026
FUTURE CONDITIONS
Future traffic forecasts have been developed to evaluate Buildout Year 2038 (Cumulative Conditions) for the anticipated project Buildout Year, which is estimated to occur in 2038. Buildout Year 2038 traffic forecast volumes were developed using the following approach.
Buildout Year 2038 Traffic Forecasts
Ambient Growth
The cumulative forecasts for Buildout Year 2038 were developed using the “build-up” process, starting with adding a background, or ambient, growth factor to existing peak hour volumes at the study intersections. While the ambient growth rate for the Cypress and Los Alamitos areas typically has been assumed to be one-half percent per year (due to the relatively limited amount of development in the surrounding area), for purposes of this study, an ambient growth rate of 1 percent per year (compounded) was applied to conservatively account for growth in surrounding areas.
Cumulative Projects
In addition to ambient growth, Cumulative Project traffic volumes from reasonably foreseeable projects in the vicinity of the Buildout Area were included in the Buildout Year 2038 baseline traffic volumes. Reasonably foreseeable projects consist of projects that are approved but not yet built, as well as projects that are in various stages of the application and approval process but have not yet been approved.
Information regarding Cumulative Projects was obtained from the Cities of Cypress and Los Alamitos.
The Cumulative Projects located in the project vicinity were considered in the Cumulative Conditions analysis, including projects in Cypress and Los Alamitos. The location of each of the Cumulative Projects relative to the Buildout Area is shown on Figure 13.
Project trip generation estimates for each of the Cumulative Projects were derived from approved traffic studies, to the extent available, or from calculations based on the ITE Trip Generation rates where approved studies were unavailable. A summary of the estimated Cumulative Projects trip generation is provided on Table 5. The distribution of Cumulative Project trips at the study intersections was based on approved traffic studies, to the extent available, or was estimated by Kimley-Horn where approved studies were unavailable. Cumulative Project trips at the study intersections are shown on Figures 14A and 14B.
Katella Ave
Cerritos Ave
605
INTERSTATE 39CALIFORNIA Los Alamitos Blvd Valley View St Moody St Walker St Denni St Knott Ave S Western Ave Bloomfield St Orangewood Ave Enterprise Dr Lexington Dr
Orange Ave
Lincoln Ave Hope St Holder St Dana Way Meridian Dr
Crescent Ave
LEGEND:
= Cumulative
Project - 40 -
= Buildout Area
TABLE 5
Trip Generation Estimates
AM Peak Hour PM Peak Hour
Project # Location City Land Use Quantity Unit Daily In Out Total In Out Total 1 Shea Properties Mixed Use Development (5155-5253 Katella Ave.) Cypress General Office Building 31.585 KSF 342 42 6 48 8 38 46 2 Melia Homes - Citrus Square (9470 Moody Street) Cypress Multifamily Housing (Mid-Rise) 98 DU 445 8 28 36 23 15 38 3 Goodman Commerce Center (5755 & 5885 Plaza Dr.) Cypress Warehousing 581.663 KSF 995 76 23 99 29 76 105 4 8561 Belmont Street Cypress Multifamily Housing (Low-Rise) 8 DU 54 1 2 3 3 2 5 5 LTP Modern Machine (10900 Walker Street) Cypress Warehousing 24.252 KSF 41 3 1 4 1 3 4 6 Sycamore Creek Charter School (4321 Cerritos Avenue) Cypress Private School (K-8) 340 Student 1,397 192 151 343 41 48 89 7 Los Alamitos Medical Center Los Alamitos Hospital 218 Bed 4,866 281 109 390 122 247 369 8 4562 Katella Avenue Los Alamitos General Office Building 5.20 KSF 56 7 1 8 1 6 7 Total Project Trips 8,196 610 321 931 228 435 663
KSF = Thousand Square Feet, DU = Dwelling Units
ADT = Average Daily Traffic
SUMMARY OF CUMULATIVE PROJECTS
Cypress Specific Plan 3.0 Buildout Project
Traffic Study
- 41 - Kimley-Horn Associates, Inc.
January 2026
Katella Ave
Ball Rd Los Alamitos Blvd Valley View St Moody St Walker St Denni St Knott Ave Bloomfield St Enterprise Dr Lexington Dr Orange Ave
Lincoln Ave Holder St Dana Way Meridian Dr Hope St
Stanton Storm Channel
Cerritos Ave Holder St
Belmont Ln - 42 -
LEGEND:
= Study Intersection
= AM/PM Volumes
= Buildout Area
7. Ball Rd
at Bloomfield St
6. Orange Ave
at Valley View St 9. Ball Rd at Moody St 8. Ball Rd
at Denni St 10. Ball Rd at Walker St 11. Ball Rd
at Valley View St
13. Cerritos Ave
at Bloomfield St
14. Cerritos Ave at
Lexington Dr / Denni St
15. Cerritos Ave
at Moody St
16. Cerritos Ave
at Walker St
17. Cerritos Ave
at Valley View St
5. Orange Ave
at Walker St
12. Cerritos Ave
at Los Alamitos Blvd
2. Lincoln Ave
at Walker St
1. Lincoln Ave
at Moody St
4. Orange Ave
at Moody St
3. Lincoln Ave
at Valley View St
18. Vessels Circle
at Walker St
Katella Ave
Ball Rd Los Alamitos Blvd Valley View St Moody St Walker St Denni St Knott Ave Bloomfield St Enterprise Dr Lexington Dr Orange Ave
Lincoln Ave Holder St Dana Way Meridian Dr Hope St
Stanton Storm Channel
Cerritos Ave Holder St
Belmont Ln - 43 -
LEGEND:
= Study Intersection
= AM/PM Volumes
= Buildout Area
26. Katella Ave at
Hope St
27. Katella Ave at
Holder St
29. Katella Ave at
Meridian Dr
30. Orangewood Ave at
Valley View St
31. Vessels Circle at
Moody St
28. Katella Ave at Dana
Way/Yamaha Way
24. Katella Ave at
Walker St
25. Katella Ave at
Valley View St
23. Katella Ave at
Siboney St
20. Katella Ave at
Bloomfield St
21. Katella Ave at
Lexington Dr
22. Katella Ave at
Enterprise Dr
19. Katella Ave at Los
Alamitos Blvd
D1. Driveway 1 at
Lexington Dr D2. Driveway 2 at
Cerritos Ave
D4. Driveway 4 at
Moody St
D5. Driveway 5 at
Moody St D6. Driveway 6 at
Vessels Circle
Future Intersection Future Intersection Future Intersection Future Intersection Future Intersection Future Intersection D7. Driveway 7 at
Vessels Cir / Belmont Ln
D3. Driveway 3
at Cerritos Ave
Cypress Specific Plan 3.0 Buildout Project - 44 - Kimley-Horn and Associates, Inc.
Traffic Study January 2026
Buildout Year 2038 without Project Conditions
The ambient growth and the project-related traffic volumes from the Cumulative Projects were added to the existing peak hour volumes, to develop Buildout Year 2038 Without Project peak hour forecasts. The resulting peak hour volumes are shown on Figures 15A and 15B. The intersection of Vessels Circle at Moody Street is assumed to be signalized in this scenario, and this intersection has previously been described as a project feature in the Existing plus Project Conditions section.
The results of the Buildout Year 2038 Without Project intersection analysis are summarized on Tables 6A and 6B. These tables show that, with the addition of ambient growth and the traffic from Cumulative Projects, each of the study intersections would operate within their respective target Levels of Service.
Buildout Year 2038 with Project Conditions
Project-related peak hour traffic volumes for the Project were added to the Buildout Year 2038 Without Project traffic volumes to develop Buildout Year 2038 With Project traffic forecast volumes.
The resulting peak hour traffic volumes are shown on Figures 16A and 16B.
The future lane configurations and traffic control analyzed in the Buildout Year 2038 are shown on Figures 17A and 17B, including the approaches at the project driveways. The project driveways are analyzed as unsignalized two-way stop-controlled intersections.
The intersection analysis was conducted with the addition of project trips, and the results are summarized on Tables 7A and 7B. These tables show that intersections in the City of Los Alamitos and project driveway locations operate acceptably pursuant to Los Alamitos Circulation Element, and only the following study intersections in the City of Cypress would operate unacceptably with the addition of project traffic during the noted peak hours pursuant to that Cypress Circulation Element:
HCM Methodology:
o #9 – Ball Road at Moody Street: AM Peak (LOS E)
o #10 – Ball Road at Walker Street: PM Peak (LOS E)
o #17 – Cerritos Avenue at Valley View Street: PM Peak (LOS F).
However, pursuant to the Cypress Transportation Guidelines, a project-related traffic effect is considered deficient if the increase in delay per the HCM methodology or volume/capacity ratio per the ICU methodology exceeds the City’s applicable threshold of deficiency. While the following intersections in the City of Cypress operate acceptably pursuant to the Cypress Circulation Element, the addition of project traffic increases at those intersections either the intersection delay or volume/capacity ratio, during the noted peak hour, beyond the City’s relevant threshold of deficiency and are considered to have project-related effects, as shown on Figures 7A and 7B:
HCM Methodology:
Cypress Specific Plan 3.0 Buildout Project - 45 - Kimley-Horn and Associates, Inc.
Traffic Study January 2026
o #1 – Lincoln Avenue at Moody Street: AM/PM Peak
o #2 – Lincoln Avenue at Walker Street: PM Peak
o #3 – Lincoln Avenue at Valley View Street: PM Peak
o #9 – Ball Road at Moody Street: AM Peak
o #10 – Ball Road at Walker Street: PM Peak
o #11 – Ball Road at Valley View Street: AM/PM Peak
o #16 – Cerritos Avenue at Walker Street: PM Peak
o #17 – Cerritos Avenue at Valley View Street: AM/PM Peak o #18 – Vessels Circle at Walker Street: PM Peak
o #23 – Katella Avenue at Siboney Street: PM Peak
o #25 – Katella Avenue at Valley View Street: PM Peak
o #30 – Orangewood Avenue at Valley View Street: PM Peak. ICU Methodology:
o #17 - Cerritos Avenue at Valley View Street: PM Peak.
With respect to the ICU analysis, the following study intersection operates acceptably pursuant to the Los Alamitos Circulation Element. However, the addition of project traffic increases the Volume/Capacity (V/C) Ratio at that intersection, during the noted peak hour, by more than 0.01 and is therefore considered to be deficient and have a project-related effect, consistent with recent approved traffic analysis studies in the City of Los Alamitos:
ICU Methodology:
o #12 - Cerritos Avenue at Los Alamitos Boulevard: PM Peak.
Katella Ave
Ball Rd Los Alamitos Blvd Valley View St Moody St Walker St Denni St Knott Ave Bloomfield St Enterprise Dr Lexington Dr Orange Ave
Lincoln Ave Holder St Dana Way Meridian Dr Hope St
Stanton Storm Channel
Cerritos Ave Holder St
Belmont Ln - 46 -
LEGEND:
= Study Intersection
= AM/PM Volumes
= Buildout Area
7. Ball Rd
at Bloomfield St
6. Orange Ave
at Valley View St 9. Ball Rd at Moody St 8. Ball Rd
at Denni St 10. Ball Rd at Walker St 11. Ball Rd
at Valley View St
13. Cerritos Ave
at Bloomfield St
14. Cerritos Ave at
Lexington Dr / Denni St
15. Cerritos Ave
at Moody St
16. Cerritos Ave
at Walker St
17. Cerritos Ave
at Valley View St
5. Orange Ave
at Walker St
12. Cerritos Ave
at Los Alamitos Blvd
2. Lincoln Ave
at Walker St
1. Lincoln Ave
at Moody St
4. Orange Ave
at Moody St
3. Lincoln Ave
at Valley View St
18. Vessels Circle
at Walker St
Katella Ave
Ball Rd Los Alamitos Blvd Valley View St Moody St Walker St Denni St Knott Ave Bloomfield St Enterprise Dr Lexington Dr Orange Ave
Lincoln Ave Holder St Dana Way Meridian Dr Hope St
Stanton Storm Channel
Cerritos Ave Holder St
Belmont Ln - 47 -
LEGEND:
= Study Intersection
= AM/PM Volumes
= Buildout Area
Future Intersection Future Intersection Future Intersection Future Intersection Future Intersection
26. Katella Ave
at Hope St
27. Katella Ave
at Holder St
29. Katella Ave
at Meridian Dr
30. Orangewood Ave
at Valley View St
31. Vessels Circle
at Moody St
28. Katella Ave at
Dana Way/Yamaha Way
24. Katella Ave
at Walker St
25. Katella Ave
at Valley View St
23. Katella Ave
at Siboney St
20. Katella Ave
at Bloomfield St
21. Katella Ave
at Lexington Dr
22. Katella Ave
at Enterprise Dr
19. Katella Ave
at Los Alamitos Blvd
D1. Driveway 1
at Lexington Dr D2. Driveway 2
at Cerritos Ave
D4. Driveway 4
at Moody St
D5. Driveway 5
at Moody St D6. Driveway 6
at Vessels Circle
D7. Driveway 7 at
Vessels Cir / Belmont Ln
D3. Driveway 3
at Cerritos Ave
Future Intersection
TABLE 6A
SUMMARY OF INTERSECTION OPERATION
BUILDOUT YEAR 2038 CUMULATIVE
Traffic AM Peak Hour PM Peak Hour
Int. # Intersection Control Delay LOS Delay LOS
1 Lincoln Ave at Moody St S 46.9 D 50.6 D
2 Lincoln Ave at Walker St S 36.7 D 47.6 D
3 Lincoln Ave at Valley View St S 35.1 D 53.2 D
4 Orange Ave at Moody St S 28.0 C 22.0 C
5 Orange Ave at Walker St S 36.6 D 32.1 C
6 Orange Ave at Valley View St S 42.7 D 42.6 D
7 Ball Rd at Bloomfield St S 25.3 C 28.0 C
8 Ball Rd at Denni St S 25.6 C 23.1 C
9 Ball Rd at Moody St S 53.1 D 26.7 C
10 Ball Rd at Walker St S 41.6 D 54.3 D
11 Ball Rd at Valley View St S 62.8 E 65.5 E
12 Cerritos Ave at Los Alamitos Blvd S N/A N/A N/A N/A
13 Cerritos Ave at Bloomfield St S N/A N/A N/A N/A
14 Cerritos Ave at Lexington Dr/ Denni St S 22.7 C 19.8 B 15 Cerritos Ave at Moody St S 45.7 D 53.3 D
16 Cerritos Ave at Walker St S 25.8 C 30.5 C
17 Cerritos Ave at Valley View St S 51.8 D 71.4 E
18 Vessels Circle at Walker St S 12.2 B 12.9 B
19 Katella Ave at Los Alamitos Blvd S N/A N/A N/A N/A
20 Katella Ave at Bloomfield St S N/A N/A N/A N/A
21 Katella Ave at Lexington Dr S 22.9 C 30.6 C
22 Katella Ave at Enterprise Dr U 22.1 C 23.3 C
23 Katella Ave at Siboney St S 19.4 B 22.3 C
24 Katella Ave at Walker St S 21.2 C 29.4 C
25 Katella Ave at Valley View St S 50.4 D 69.4 E
26 Katella Ave at Hope St S 6.5 A 12.3 B
27 Katella Ave at Holder St S 12.1 B 15.4 B
28 Katella Ave at Dana Way S 5.7 A 6.6 A
29 Katella Ave at Meridian Dr S 9.4 A 6.9 A
30 Orangewood Ave at Valley View St S 36.8 D 53.6 D
31 Vessels Circle at Moody St S 19.6 B 16.9 B
D1 Driveway 1 at Lexington Dr
D2 Driveway 2 at Cerritos Ave
D3 Driveway 3 at Cerritos Ave
D4 Driveway 4 at Moody St
D5 Driveway 5 at Moody St
D6 Driveway 6 at Vessels Circle
D7 Driveway 7 / Belmont Ln at Vessels Circle U 11.0 B 10.0 A HCM Methodology
Notes:
- S = Signalized- U = Unsignalized
- HCM = Highway Capacity Manual
- LOS = Level of Service
- Intersection operation is expressed in average seconds of delay (del/veh) ratio for HCM methodology. - HCM Methodology for Signalized intersections in City of Los Alamitos is Not Applicable and noted as N/A.
Future Intersection
Future Intersection
Future Intersection
Future Intersection
Future Intersection
Future Intersection
Cypress Specific Plan 3.0 Buildout Project
Traffic Study
- 48 - Kimley-Horn and Associates, Inc.
January 2026
TABLE 6B
SUMMARY OF INTERSECTION OPERATION
BUILDOUT YEAR 2038 CUMULATIVE
Traffic AM Peak Hour PM Peak Hour
Int. # Intersection Control ICU LOS ICU LOS
1 Lincoln Ave at Moody St S 0.762 C 0.797 C
2 Lincoln Ave at Walker St S 0.617 B 0.763 C
3 Lincoln Ave at Valley View St S 0.684 B 0.795 C
4 Orange Ave at Moody St S 0.649 B 0.633 B
5 Orange Ave at Walker St S 0.635 B 0.641 B
6 Orange Ave at Valley View St S 0.739 C 0.758 C
7 Ball Rd at Bloomfield St S 0.666 B 0.733 C
8 Ball Rd at Denni St S 0.579 A 0.570 A
9 Ball Rd at Moody St S 0.837 D 0.626 B
10 Ball Rd at Walker St S 0.756 C 0.721 C
11 Ball Rd at Valley View St S 0.798 C 0.811 D
12 Cerritos Ave at Los Alamitos Blvd S 0.876 D 0.957 E
13 Cerritos Ave at Bloomfield St S 0.788 C 0.735 C
14 Cerritos Ave at Lexington Dr/ Denni St S 0.619 B 0.634 B 15 Cerritos Ave at Moody St S 0.801 D 0.882 D
16 Cerritos Ave at Walker St S 0.539 A 0.596 A
17 Cerritos Ave at Valley View St S 0.817 D 0.909 E
18 Vessels Circle at Walker St S 0.407 A 0.694 B
19 Katella Ave at Los Alamitos Blvd S 0.827 D 0.336 A
20 Katella Ave at Bloomfield St S 0.816 D 0.838 D
21 Katella Ave at Lexington Dr S 0.534 A 0.703 C
22 Katella Ave at Enterprise Dr U - - - -
23 Katella Ave at Siboney St S 0.494 A 0.627 B
24 Katella Ave at Walker St S 0.510 A 0.645 B
25 Katella Ave at Valley View St S 0.717 C 0.802 D
26 Katella Ave at Hope St S 0.298 A 0.354 A
27 Katella Ave at Holder St S 0.346 A 0.411 A
28 Katella Ave at Dana Way S 0.331 A 0.450 A
29 Katella Ave at Meridian Dr S 0.393 A 0.442 A
30 Orangewood Ave at Valley View St S 0.744 C 0.850 D
31 Vessels Circle at Moody St S 0.370 A 0.477 A
D1 Driveway 1 at Lexington Dr
D2 Driveway 2 at Cerritos Ave
D3 Driveway 3 at Cerritos Ave
D4 Driveway 4 at Moody St
D5 Driveway 5 at Moody St
D6 Driveway 6 at Vessels Circle
D7 Driveway 7 / Belmont Ln at Vessels Circle U - - - -
ICU Methodology
Notes:
- S = Signalized- U = Unsignalized
- ICU = Intersection Capacity Utilization
- LOS = Level of Service
- Intersection operation is expressed in terms of volume-to-capacity (V/C) ratio using the ICU methodology. - * Exempt from City of Los Alamitos LOS D standard per Mobility and Circulation Element, Policy 1.4 (Level of Service) Future Intersection
Future Intersection
Future Intersection
Future Intersection
Future Intersection
Future Intersection
Cypress Specific Plan 3.0 Buildout Project
Traffic Study
- 49 - Kimley-Horn and Associates, Inc.
January 2026
Katella Ave
Ball Rd Los Alamitos Blvd Valley View St Moody St Walker St Denni St Knott Ave Bloomfield St Enterprise Dr Lexington Dr Orange Ave
Lincoln Ave Holder St Dana Way Meridian Dr Hope St
Stanton Storm Channel
Cerritos Ave Holder St
Belmont Ln - 50 -
LEGEND:
= Study Intersection
= AM/PM Volumes
= Buildout Area
7. Ball Rd
at Bloomfield St
6. Orange Ave
at Valley View St 9. Ball Rd at Moody St 8. Ball Rd
at Denni St 10. Ball Rd at Walker St 11. Ball Rd
at Valley View St
13. Cerritos Ave
at Bloomfield St
14. Cerritos Ave at
Lexington Dr / Denni St
15. Cerritos Ave
at Moody St
16. Cerritos Ave
at Walker St
17. Cerritos Ave
at Valley View St
5. Orange Ave
at Walker St
12. Cerritos Ave
at Los Alamitos Blvd
2. Lincoln Ave
at Walker St
1. Lincoln Ave
at Moody St
4. Orange Ave
at Moody St
3. Lincoln Ave
at Valley View St
18. Vessels Circle
at Walker St
Katella Ave
Ball Rd Los Alamitos Blvd Valley View St Moody St Walker St Denni St Knott Ave Bloomfield St Enterprise Dr Lexington Dr Orange Ave
Lincoln Ave Holder St Dana Way Meridian Dr Hope St
Stanton Storm Channel
Cerritos Ave Holder St
Belmont Ln - 51 -
LEGEND:
= Study Intersection
= AM/PM Volumes
= Buildout Area
26. Katella Ave
at Hope St
27. Katella Ave
at Holder St
29. Katella Ave
at Meridian Dr
30. Orangewood Ave
at Valley View St
31. Vessels Circle
at Moody St
28. Katella Ave at
Dana Way/Yamaha Way
24. Katella Ave
at Walker St
25. Katella Ave
at Valley View St
23. Katella Ave
at Siboney St
20. Katella Ave
at Bloomfield St
21. Katella Ave
at Lexington Dr
22. Katella Ave
at Enterprise Dr
19. Katella Ave
at Los Alamitos Blvd
D1. Driveway 1
at Lexington Dr D2. Driveway 2
at Cerritos Ave
D4. Driveway 4
at Moody St
D5. Driveway 5
at Moody St D6. Driveway 6
at Vessels Circle
D7. Driveway 7 at
Vessels Cir / Belmont Ln
D3. Driveway 3
at Cerritos Ave
Katella Ave
Ball Rd Los Alamitos Blvd Valley View St Moody St Walker St Denni St Knott Ave Bloomfield St Enterprise Dr Lexington Dr Orange Ave
Lincoln Ave Holder St Dana Way Meridian Dr Hope St
Stanton Storm Channel
Cerritos Ave Holder St
Belmont Ln - 52 -
LEGEND:
= Study Intersection
= Turn or Through Lane
= Signal
= Stop Sign
F = Free Right Turn
OVL = Recommended Right Turn Overlap
= Recommended Signal
= Recommended Turn or Through
Lane
= Buildout Area
7. Ball Rd
at Bloomfield St
6. Orange Ave at
Valley View St 8. Ball Rd at Denni St 9. Ball Rd at Moody St 10. Ball Rd at Walker St 11. Ball Rd at Valley View St
13. Cerritos Ave at
Bloomfield St
14. Cerritos Ave at
Lexington Dr/ Denni St
15. Cerritos Ave at
Moody St
16. Cerritos Ave at
Walker St
17. Cerritos Ave at
Valley View St
5. Orange Ave at
Walker St
12. Cerritos Ave at Los
Alamitos Blvd
2. Lincoln Ave at
Walker St
1. Lincoln Ave at
Moody St
4. Orange Ave at
Moody St
3. Lincoln Ave at
Valley View St
18. Vessels Circle at
Walker St
OVL
OVL
OVL *
*
OVL OVL
OVL
OVL
*
*
= Project-Specific Feature
Katella Ave
Ball Rd Los Alamitos Blvd Valley View St Moody St Walker St Denni St Knott Ave Bloomfield St Enterprise Dr Lexington Dr Orange Ave
Lincoln Ave Holder St Dana Way Meridian Dr Hope St
Stanton Storm Channel
Cerritos Ave Holder St
Belmont Ln - 53 -
LEGEND:
= Study Intersection
= Turn or Through Lane
= Signal
= Stop Sign
F = Free Right Turn
OVL = Recommended Right
Turn Overlap
= Recommended Signal
= Recommended
Turn or Through Lane
= Buildout Area
31. Vessels Circle at
Moody St
D1. Driveway 1 at
Lexington Dr D2. Driveway 2 at
Cerritos Ave
D4. Driveway 4 at
Moody St
D5. Driveway 5 at
Moody St D6. Driveway 6 at
Vessels Circle
26. Katella Ave at
Hope St
27. Katella Ave at
Holder St
29. Katella Ave at
Meridian Dr
30. Orangewood Ave at
Valley View St
28. Katella Ave at Dana
Way/Yamaha Way
24. Katella Ave at
Walker St
25. Katella Ave at
Valley View St
23. Katella Ave at
Siboney St
F
F
20. Katella Ave at
Bloomfield St
21. Katella Ave at
Lexington Dr
22. Katella Ave at
Enterprise Dr
19. Katella Ave at Los
Alamitos Blvd
OVL
OVL
OVL
OVL
OVL
*
= Project-Specific
Feature
*
*
*
*
D7. Driveway 7 at
Vessels Cir / Belmont Ln
D3. Driveway 3 at
Cerritos Ave
AM Peak Hour PM Peak Hour
Int. # Intersection Traffic
Control Delay LOS Delay LOS Delay LOS Delay LOS
1 Lincoln Ave at Moody St S 46.9 D 52.2 D 5.3 Yes 50.6 D 57.7 E 7.1 Yes 2 Lincoln Ave at Walker St S 36.7 D 39.5 D 2.8 No 47.6 D 52.4 D 4.8 Yes 3 Lincoln Ave at Valley View St S 35.1 D 35.9 D 0.8 No 53.2 D 55.8 E 2.6 Yes 4 Orange Ave at Moody St S 28.0 C 28.1 C 0.1 No 22.0 C 22.1 C 0.1 No 5 Orange Ave at Walker St S 36.6 D 36.5 D -0.1 No 32.1 C 32.0 C -0.1 No 6 Orange Ave at Valley View St S 42.7 D 44.3 D 1.6 No 42.6 D 45.7 D 3.1 No 7 Ball Rd at Bloomfield St S 25.3 C 25.5 C 0.2 No 28.0 C 28.5 C 0.5 No 8 Ball Rd at Denni St S 25.6 C 25.6 C 0.0 No 23.1 C 23.3 C 0.2 No 9 Ball Rd at Moody St S 53.1 D 58.1 E 5.0 Yes 26.7 C 29.5 C 2.8 No 10 Ball Rd at Walker St S 41.6 D 43.6 D 2.0 No 54.3 D 57.8 E 3.5 Yes 11 Ball Rd at Valley View St S 62.8 E 65.0 E 2.2 Yes 65.5 E 71.2 E 5.7 Yes 12 Cerritos Ave at Los Alamitos Blvd S N/A N/A N/A N/A N/A No N/A N/A N/A N/A N/A No 13 Cerritos Ave at Bloomfield St S N/A N/A N/A N/A N/A No N/A N/A N/A N/A N/A No 14 Cerritos Ave at Lexington Dr/ Denni St S 22.7 C 24.3 C 1.6 No 19.8 B 21.3 C 1.5 No 15 Cerritos Ave at Moody St S 45.7 D 45.0 D -0.7 No 53.3 D 50.9 D -2.5 No 16 Cerritos Ave at Walker St S 25.8 C 29.1 C 3.3 No 30.5 C 40.5 D 10.0 Yes 17 Cerritos Ave at Valley View St S 51.8 D 57.7 E 5.9 Yes 71.4 E 84.4 F 13.0 Yes 18 Vessels Circle at Walker St S 12.2 B 14.6 B 2.4 No 12.9 B 23.7 C 10.8 Yes 19 Katella Ave at Los Alamitos Blvd S N/A N/A N/A N/A N/A No N/A N/A N/A N/A N/A No 20 Katella Ave at Bloomfield St S N/A N/A N/A N/A N/A No N/A N/A N/A N/A N/A No 21 Katella Ave at Lexington Dr S 22.9 C 24.2 C 1.3 No 30.6 C 34.0 C 3.4 No 22 Katella Ave at Enterprise Dr U 22.1 C 23.8 C 1.7 No 23.3 C 25.1 D 1.8 No 23 Katella Ave at Siboney St S 19.4 B 24.5 C 5.1 No 22.3 C 30.1 C 7.8 Yes 24 Katella Ave at Walker St S 21.2 C 22.0 C 0.8 No 29.4 C 31.3 C 1.9 No 25 Katella Ave at Valley View St S 50.4 D 54.2 D 3.8 No 69.4 E 77.0 E 7.6 Yes 26 Katella Ave at Hope St S 6.5 A 6.5 A 0.0 No 12.3 B 12.3 B 0.0 No 27 Katella Ave at Holder St S 12.1 B 12.0 B -0.1 No 15.4 B 15.3 B -0.1 No 28 Katella Ave at Dana Way S 5.7 A 5.6 A -0.1 No 6.6 A 6.6 A 0.0 No 29 Katella Ave at Meridian Dr S 9.4 A 9.4 A 0.0 No 6.9 A 7.0 A 0.1 No 30 Orangewood Ave at Valley View St S 36.8 D 37.7 D 0.8 No 53.6 D 61.2 E 7.6 Yes 31 Vessels Circle at Moody St S 19.6 B 24.2 C 4.6 No 16.9 B 23.0 C 6.1 No D1 Driveway 1 at Lexington Dr U - - 12.1 B - No - - 10.2 B - No D2 Driveway 2 at Cerritos Ave U - - 32.8 D - No - - 34.4 D - No D3 Driveway 3 at Cerritos Ave U - - 32.9 D - No - - 34.1 D - No D4 Driveway 4 at Moody St U - - 16.3 C - No - - 21.8 C - No D5 Driveway 5 at Moody St U - - 12.5 B - No - - 15.9 C - No D6 Driveway 6 at Vessels Circle U - - 12.7 B - No - - 27.6 D - No D7 Driveway 7 / Belmont Ln at Vessels Circle U 11.0 B 13.4 B - No 10.0 A 28.2 D - No Notes:
- S = Signalized- U = Unsignalized
- HCM = Highway Capacity Manual
- LOS = Level of Service
- Intersection operation is expressed in average seconds of delay (del/veh) ratio for HCM methodology. - HCM Methodology for Signalized intersections in City of Los Alamitos is Not Applicable and noted as N/A TABLE 7A
SUMMARY OF INTERSECTION OPERATION
BUILDOUT YEAR 2038 PLUS PROJECT
Without Project With Project
Change
in Delay
ProjectRelated
Effect?
Without Project
HCM Methodology
With Project
Change
in Delay
ProjectRelated
Effect?
Cypress Specific Plan 3.0 Buildout Project
Traffic Study
- 54 - Kimley-Horn and Associates, Inc.
January 2026
AM Peak Hour PM Peak Hour
Int. # Intersection Traffic
Control ICU LOS ICU LOS ICU LOS ICU LOS
1 Lincoln Ave at Moody St S 0.762 C 0.782 C 0.020 No 0.797 C 0.816 D 0.019 No 2 Lincoln Ave at Walker St S 0.617 B 0.634 B 0.017 No 0.763 C 0.778 C 0.015 No 3 Lincoln Ave at Valley View St S 0.684 B 0.699 B 0.015 No 0.795 C 0.815 D 0.020 No 4 Orange Ave at Moody St S 0.649 B 0.664 B 0.015 No 0.633 B 0.657 B 0.024 No 5 Orange Ave at Walker St S 0.635 B 0.642 B 0.007 No 0.641 B 0.651 B 0.010 No 6 Orange Ave at Valley View St S 0.739 C 0.748 C 0.009 No 0.758 C 0.774 C 0.016 No 7 Ball Rd at Bloomfield St S 0.666 B 0.671 B 0.005 No 0.733 C 0.739 C 0.006 No 8 Ball Rd at Denni St S 0.579 A 0.584 A 0.005 No 0.570 A 0.578 A 0.008 No 9 Ball Rd at Moody St S 0.837 D 0.863 D 0.026 No 0.626 B 0.666 B 0.040 No 10 Ball Rd at Walker St S 0.756 C 0.769 C 0.013 No 0.721 C 0.739 C 0.018 No 11 Ball Rd at Valley View St S 0.798 C 0.816 D 0.018 No 0.811 D 0.845 D 0.034 No 12 Cerritos Ave at Los Alamitos Blvd S 0.876 D 0.893 D 0.017 No 0.957 E 0.994 E 0.037 Yes 13 Cerritos Ave at Bloomfield St S 0.788 C 0.804 D 0.016 No 0.735 C 0.862 D 0.127 No 14 Cerritos Ave at Lexington Dr/ Denni St S 0.619 B 0.664 B 0.045 No 0.634 B 0.663 B 0.029 No 15 Cerritos Ave at Moody St S 0.801 D 0.757 C -0.044 No 0.882 D 0.892 D 0.010 No 16 Cerritos Ave at Walker St S 0.539 A 0.594 A 0.055 No 0.596 A 0.704 C 0.108 No 17 Cerritos Ave at Valley View St S 0.817 D 0.858 D 0.041 No 0.909 E 0.965 E 0.056 Yes 18 Vessels Circle at Walker St S 0.407 A 0.507 A 0.100 No 0.694 B 0.816 D 0.122 No 19 Katella Ave at Los Alamitos Blvd S 0.827 D 0.845 D 0.018 No 0.336 A 0.348 A 0.012 No 20 Katella Ave at Bloomfield St S 0.816 D 0.837 D 0.021 No 0.838 D 0.858 D 0.020 No 21 Katella Ave at Lexington Dr S 0.534 A 0.555 A 0.021 No 0.703 C 0.728 C 0.025 No 22 Katella Ave at Enterprise Dr U - - - - - - - - - - - - 23 Katella Ave at Siboney St S 0.494 A 0.536 A 0.042 No 0.627 B 0.672 B 0.045 No 24 Katella Ave at Walker St S 0.510 A 0.528 A 0.018 No 0.645 B 0.679 B 0.034 No 25 Katella Ave at Valley View St S 0.717 C 0.734 C 0.017 No 0.802 D 0.837 D 0.035 No 26 Katella Ave at Hope St S 0.298 A 0.307 A 0.009 No 0.354 A 0.362 A 0.008 No 27 Katella Ave at Holder St S 0.346 A 0.350 A 0.004 No 0.411 A 0.419 A 0.008 No 28 Katella Ave at Dana Way S 0.331 A 0.336 A 0.005 No 0.450 A 0.458 A 0.008 No 29 Katella Ave at Meridian Dr S 0.393 A 0.397 A 0.004 No 0.442 A 0.449 A 0.007 No 30 Orangewood Ave at Valley View St S 0.744 C 0.754 C 0.010 No 0.850 D 0.876 D 0.026 No 31 Vessels Circle at Moody St S 0.370 A 0.385 A 0.015 No 0.477 A 0.622 B 0.145 No D1 Driveway 1 at Lexington Dr U - - - - - - - - - - - - D2 Driveway 2 at Cerritos Ave U - - - - - - - - - - - - D3 Driveway 3 / Christopher St at Cerritos Ave U - - - - - - - - - - - - D4 Driveway 4 at Moody St U - - - - - - - - - - - -
D5 Driveway 5 at Moody St U - - - - - - - - - - - -
D6 Driveway 6 at Vessels Circle U - - - - - - - - - - - - D7 Driveway 7 / Belmont Ln at Vessels Circle U - - - - - - - - - - - - Notes:
- S = Signalized- U = Unsignalized
- ICU = Intersection Capacity Utilization
- LOS = Level of Service
- Intersection operation is expressed in terms of volume-to-capacity (V/C) ratio using the ICU methodology. - * Exempt from City of Los Alamitos LOS D standard per Mobility and Circulation Element, Policy 1.4 (Level of Service) TABLE 7B
SUMMARY OF INTERSECTION OPERATION
BUILDOUT YEAR 2038 PLUS PROJECT
ICU Methodology
Without Project With Project
Project
Impact
ProjectRelated
Effect?
Without Project With Project
Project
Impact
ProjectRelated
Effect?
Cypress Specific Plan 3.0 Buildout Project
Traffic Study
- 55 - Kimley-Horn and Associates, Inc.
January 2026
Cypress Specific Plan 3.0 Buildout Project - 56 - Kimley-Horn and Associates, Inc.
Traffic Study January 2026
PROPOSED IMPROVEMENTS
As previously shown in Tables 4A and 4B, in the Existing Plus Project with Extensions, the following intersections were identified to have a deficient project-related effect due to the addition of project traffic that increases the intersection delay beyond the HCM thresholds of deficiency established by the City of Cypress, notwithstanding that all of them operate at acceptable levels of service pursuant to their Circulation Elements.
o #16 – Cerritos Avenue at Walker Street
o #17 – Cerritos Avenue at Valley View Street
o #18 – Vessels Circle at Walker Street
o #23 – Katella Avenue at Siboney Street
o #25 – Katella Avenue at Valley View Street.
As previously shown in Tables 7A and 7B, in the Buildout Year 2038 with Project, the following intersections were identified to have a deficient project-related effect due to the addition of project traffic that increases the intersection delay or V/C ratio beyond the thresholds of deficiency established by the Cities of Cypress and Los Alamitos, notwithstanding that most of them operate at acceptable levels of service pursuant to the Cypress Circulation Element.
o #1 – Lincoln Avenue at Moody Street
o #2 – Lincoln Avenue at Walker Street
o #3 – Lincoln Avenue at Valley View Street
o #9 – Ball Road at Moody Street
o #10 – Ball Road at Walker Street
o #11 – Ball Road at Valley View Street
o #12 – Cerritos at Los Alamitos Boulevard
o #16 – Cerritos Avenue at Walker Street
o #17 – Cerritos Avenue at Valley View Street
o #18 – Vessels Circle at Walker Street
o #23 – Katella Avenue at Siboney Street
o #25 – Katella Avenue at Valley View Street
o #30 – Orangewood Avenue at Valley View Street.
While the intersections listed above are considered to have a deficient project-related effect pursuant to the Cypress Transportation Guidelines or consistent with recent approved traffic analysis studies in the City of Los Alamitos, as applicable, all of them will operate at acceptable LOS pursuant to the Cypress and Los Alamitos Circulation Elements, with exception to intersections #9, #10, and #17.
The remaining intersections in the above list will be addressed through the City’s Traffic Mitigation Fee Program, with fees being collected at the time of building permit issuance for projects within the Specific Plan Buildout Area.
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Of the identified intersections with project-related effects, further improvements are only feasible for Intersections #9 – Ball Road at Moody Street, #10 – Ball Road at Walker Street, #16 – Cerritos Avenue at Walker Street, #17 – Cerritos Avenue at Valley View Street, #18 – Vessels Circle at Walker Street, and #23 – Katella Avenue at Siboney Street. Proposed feasible improvements are recommended at these six intersections, as described below, to reduce their project effects, notwithstanding that three of them will operate at acceptable levels of service pursuant to the Cypress Circulation Element. Intersection #17 – Cerritos Avenue at Valley View Street in the PM Peak will continue to operate at an unacceptable LOS with the implementation of the proposed feasible improvements.
A description of the proposed improvements is shown on Table 8. The proposed modifications for Intersections #15 – Cerritos Avenue at Moody Street and #31 – Vessels Circle at Moody Street are project-specific features but are listed below and in Table 8 for informational purposes. Concept plans for these two intersections are shown in Figures 10 and 11. Concept plans for the other proposed improvements are shown in Figures 18 to 23.
In addition to the proposed intersection improvements at Intersection #18 – Vessels Circle at Walker Street, the proposed improvements include the widening of the south side of Vessels Circle by 10 feet from the intersection of Vessels Circle and Walker Street approximately 650 feet to the west to tie-in to the existing street width there.
o #9 – Ball Road at Moody Street (see Figure 18)
Add additional mast arm indications for the northbound and southbound approaches.
o #10 – Ball Road at Walker Street (see Figure 19)
Restripe the EB/WB approaches to provide one left-turn lane, two through lanes, and one dedicated right-turn lane.
Shift the westbound exit lanes north.
o #15 – Cerritos Avenue at Moody Street (see Figure 10) Restripe EB approach to provide one exclusive right-turn lane. Restripe SB approach to provide 2 lefts, 1 through, and 1 shared through/right lane. NB approach to provide 2 lefts, 1 through, and 1 shared/through right lane. Modify traffic signal to provide protected phasing for the NB/SB approaches. Provide a crosswalk on the east leg of the intersection. Provide bike lanes on Moody Street.
o #16 – Cerritos Avenue at Walker Street (see Figure 20) Add NB right-turn overlap phasing.
o #17 – Cerritos Avenue at Valley View Street (see Figure 21) Provide NB right-turn and SB right-turn overlap phasing.
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Modify striping to extend EB left-turn pocket storage. o #18 – Vessels Circle at Walker Street (see Figure 22) Add EB right-turn overlap phasing.
Modify striping to extend NB and EB left-turn pocket storage. Widen Vessels Circle by 10 feet on the south side.
Widen the westbound receiving lane by 3 feet.
Modify traffic signal in conjunction with Vessels Circle widening. o #23 – Katella Avenue at Siboney Street (see Figure 23) Add WB right-turn overlap phasing.
o #31 – Vessels Circle at Moody Street (see Figure 11)
Install traffic signal.
NB approach to provide 1 left, 2 throughs, 1 right.
SB approach to provide 1 left, 1 through, 1 through/right. WB approach to provide 1 left, 1 through, 1 right.
EB approach to provide 1 left, 1 through/right.
Provide bike facilities on both Moody Street and Vessels Circle.
BUILDOUT YEAR 2038 CUMULATIVE
Int. # Intersection Improvements Peak
Hour
Traffic
Control
Delay /
V/C LOS Delay / V/C LOS Delay / V/C LOS
AM S 53.1 D 58.1 E 58.1 E
PM S 26.7 C 29.5 C 29.5 C
AM S 41.6 D 43.6 D 36.6 D
PM S 54.3 D 57.8 E 39.8 D
AM S 45.7 D 45.0 D N/A N/A
PM S 53.3 D 50.9 D N/A N/A
AM S 25.8 C 29.1 C 27.9 C
PM S 30.5 C 40.5 D 38.0 D
AM S 51.8 D 57.7 E 56.6 E
PM S 71.4 E 84.4 F 82.3 F
AM S 12.2 B 14.6 B 14.0 B
PM S 12.9 B 23.7 C 18.2 B
AM S 19.4 B 24.5 C 24.3 C
PM S 22.3 C 30.1 C 30.0 C
AM S 19.6 B 24.2 C N/A N/A
PM S 16.9 B 23.0 C N/A N/A
31* Vessels Circle at Moody St
•Install trafϐic signal.
•NB approach to provide 1 left, 2 throughs, 1
right.
•SB approach to provide 1 left, 1 through, 1
through/right.
•WB approach to provide 1 left, 1 through, 1
right.
•EB approach to provide 1 left, 1
through/right.
• Provide bike facilities on both Moody Street
and Vessels Circle.
Notes:
- S = Signalized- U = Unsignalized
- HCM = Highway Capacity Manual
- LOS = Level of Service
- Intersection operation is expressed in average seconds of delay (del/veh) ratio for HCM methodology or in volume-to-capacity (V/C) ratio for ICU Methodology. * Improvements at this intersection are project features and are presented in this table for informational purposes. 18 Vessels Circle at Walker St
•Add EB right-turn overlap phasing.
•Modify striping to extend NB and EB left-turn
pockets.
•Widen Vessels Circle by 10 feet on the south
side.
• Widen the westbound receiving lane by 3
feet.
• Modify traffic signal in conjunction with
Vessels Circle widening.
23 Katella Ave at Siboney St •Add WB right-turn overlap phasing. 16 Cerritos Ave at Walker St •Add NB right-turn overlap phasing. 17 Cerritos Ave at Valley View St
•Provide NB right-turn and SB right-turn
overlap phasing.
•Modify striping to extend EB left-turn pocket.
15* Cerritos Ave at Moody St
•Restripe EB approach to provide one
exclusive right-turn lane.
•Restripe SB approach to provide 2 lefts, 1
through, and 1 shared through/right lane.
•NB approach provide 2 lefts, 1 through, and 1
shared/through right lane.
•Modify traffic signal to provide protected
phasing for the NB/SB approaches.
•Provide a crosswalk on the east leg of the
intersection.
10 Ball Rd at Walker St
•Restripe the EB/WB approaches to provide
one left-turn lane, two through lanes, and one
dedicated right-turn lane.
•Shift the westbound exit lanes north.
9 Ball Rd at Moody St •Add additional mast arm indications for the northbound and southbound approaches.
TABLE 8
SUMMARY OF INTERSECTION OPERATION
PROPOSED IMPROVEMENTS
Without Project With Project With Improvements
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- 60 -
- 61 -
- 62 -
DETAIL "A"
(PROPOSED)
- 63 -
DETAIL "A"
(PROPOSED)
- 64 -
DETAIL "A"
(PROPOSED)
- 65 -
DETAIL "A"
(PROPOSED)
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SIGNAL WARRANT ANALYSIS
Traffic signal warrant analyses were conducted for the following unsignalized intersections:
o #22 – Katella Avenue at Enterprise Drive
o #31 – Vessels Circle at Moody Street (future intersection).
Signal warrants were based on the 2014 California Manual on Uniform Traffic Control Devices (CA MUTCD). The warrants were conducted using Warrant 3 (Peak Hour Warrant) for the following conditions:
Existing (With Extension)
Existing Plus Project
Buildout Year 2038 Cumulative
Buildout Year 2038 Cumulative Plus Project.
Traffic signal warrant analysis worksheets are provided in Appendix F. Based on the signal warrant analyses, Signal Warrant 3 was not met at Intersection #22 – Katella Avenue at Enterprise Drive under any of the analysis conditions. Signal Warrant 3 was met at Intersection #31 – Vessels Circle at Moody Street under all analysis conditions. Below is a summary table of the signal warrant analysis.
Summary of Signal Warrant Analysis
Scenario
Intersection #22:
Katella Ave at
Enterprise Drive
Intersection #31:
Vessels Circle at
Moody Street
Existing (With Extension) NO YES
Existing Plus Project Conditions NO YES
Buildout Year 2038 Cumulative NO YES
Buildout Year 2038 Cumulative Plus Project NO YES
Source: 2014 California Manual on Uniform Traffic Control Devices (MUTCD) Since the signal warrant was not met at Intersection #22 – Katella Avenue at Enterprise Drive, the installation of a traffic signal is not recommended at this location.
The CA MUTCD states that “[t]he satisfaction of a traffic signal warrant or warrants shall not in itself require the installation of a traffic control signal.” The reference document goes on to state a number of other factors to take into account when considering a signal for a specific location, including whether or not a signal would improve the overall safety of the intersection, whether it would benefit or disrupt progressive traffic flow, and consideration of site-specific characteristics such as queuing, signal spacing, and overall delay to the main street through movements. The decision to install a traffic signal should be based on engineering judgement, and not solely upon satisfying a single peak hour warrant.
Based on the unacceptable LOS and meeting Signal Warrant 3, it is recommended to install a new traffic signal at the intersection of #31 - Vessels Circle at Moody Street as part of the Project.
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LEFT-TURN PHASING ANALYSIS
To determine if left-turn phasing is needed for the recommended traffic signal at future Intersection #31 – Vessels Circle at Moody Street, a left-turn phasing analysis was conducted per the CA MUTCD, Section 4D.19, which provides general guidelines for evaluating left-turn phasing at a signalized intersection.
The CA MUTCD states that “[s]ince separate signal phases for protected left turns will reduce the green time available for other phases, alternate means of handling left-turn conflicts should be considered first." The most likely alternative possibilities are:
1. Prohibition of left turns.
2. Geometric changes to eliminate the left turn (through) a complete separation or a complete or partial “clover leaf” at grade…”
3. Provide protected-permissive or permissive-protected left-turn operation.
In this regard, the CA MUTCD states:
“Protected left-turn phases should be considered where such alternatives (stated above) cannot be utilized, and one or more of the following conditions exist:
1. Collisions – Five or more left-turn collisions for a particular left-turn movement during a recent 12-month period.
2. Delay – Left-turn delay of one or more vehicles which were waiting at the beginning of the green interval and are still remaining in the left-turn lane after at least 80% of the total number of cycles for one hour.
3. Volume – At new intersections where only estimated volumes are available, the following criteria may be used. For a pre-timed signal, left-turn volume of more than two vehicles per approach per cycle for a peak hour; or for a traffic-actuated signal, 50 or more left-turning vehicles per hour in one direction with the product of the turning and conflicting through traffic during the peak hour of 100,000 or more.
4. Miscellaneous. Other factors that might be considered are: impaired sight distance due to horizontal or vertical curvature, or where there are a large percentage of buses and trucks.” Since Intersection #31 - Vessels Circle at Moody Street will be a new intersection, the “Volume” guidance above was used. Intersection #15 - Cerritos Avenue at Moody Street was also evaluated since the south leg of the intersection will be modified due to the Moody Street extension.
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The 100,000 Rule of Thumb
The CA MUTCD specifies that left-turn phasing should be considered where there are 50 or more leftturning vehicles in one direction, and where the product of the number of vehicles on a left-turn movement and its conflicting through movement exceeds 100,000 vehicles. Although these guidelines specify the 100,000 criterion is to be applied at new intersections where only estimated volumes are available, this criterion is often used as a gauge for existing intersections, to identify locations where further attention should be focused.
Peak-hour through and conflicting left-turn volumes for each approach of the intersection were evaluated using the 100,000 methodology. The results are summarized on the following tables. The product of the eastbound left-turn movement and the conflicting westbound through movement volumes exceeded the 100,000 threshold in both peak periods.
Reviewing the Buildout 2038 with Project scenario, at the future Vessels Circle and Moody Street intersection, the morning southbound left vs. northbound through volumes yielded a product of 59,535, and the afternoon volumes yielded a product of 138,720.
SUMMARY OF
LEFT-TURN VS. THROUGH MOVEMENT CONFLICTS
AT INTERSECTION 31: VESSELS CIRCLE & MOODY ST
Movement
Peak Hour Conflicting Volumes
AM Peak PM Peak
BUILDOUT 2038 WITH PROJECT
SBL
x NBT
Total
405
x 147
59,535
408
x 340
138,720
BUILDOUT 2038
SBL
x NBT
Total
371
x 129
47,859
262
x 274
71,788
EXISTING WITH EXTENSION WITH PROJECT
SBL
x NBT
Total
357
x 130
46,410
374
x 304
113,696
EXISTING WITH EXTENSION
SBL
x NBT
Total
323
x 112
36,176
228
x 238
54,264
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At the Cerritos Avenue and Moody Street intersection, the highest north-south combination is noted, which is the southbound left versus the northbound through. The morning southbound left vs. northbound through volumes yielded a product of 84,987, and the afternoon volumes yielded a product of 151,316. Based on the 100,000-criterion left-turn phasing should be provided at Vessels Circle and Moody Street. At Cerritos Avenue and Moody Street protected left-turn phasing is already provided in the east-west direction, but based on the 100,000 criterion, it should also be provided in the north-south direction.
SUMMARY OF
LEFT-TURN VS. THROUGH MOVEMENT CONFLICTS
AT INTERSECTION 15: CERRITOS AVE & MOODY ST
Movement
Peak Hour Conflicting Volumes
AM Peak PM Peak
BUILDOUT 2038 WITH PROJECT
SBL
x NBT
Total
497
x 171
84,987
362
x 418
151,316
BUILDOUT 2038
SBL
x NBT
Total
497
x 90
44,730
362
x 343
124,166
EXISTING WITH EXTENSION WITH PROJECT
SBL
x NBT
Total
426
x 159
67,734
312
x 373
116,376
EXISTING WITH EXTENSION
SBL
x NBT
Total
426
x 78
33,228
312
x 298
92,976
The 100,000 criterion is intended to provide advance indication, when actual traffic volumes and observations are not available, of those locations where left-turn phasing may be warranted. Where the 100,000 threshold is met, evaluating the intersection delay and level of service is utilized to determine whether the left-turn phase is protected or protected-permissive.
Based on the LOS analysis, the northbound and southbound left-turn movements will be protected lefts at both Intersection #15 – Cerritos Avenue and Moody Street and Intersection #31 – Vessels Circle and Moody Street.
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LEFT-TURN QUEUING ANALYSIS
In accordance with the Cypress Transportation Guidelines, a left-turn queuing analysis is required for any study intersection where a project is anticipated to contribute 25 or more net new trips during the AM or PM peak hour. A left-turn queuing analysis, based on the Highway Capacity Manual (HCM) methodology, has therefore been conducted for the 38 study intersections during the AM and PM peak hours, including the project driveway intersections. The HCM methodology determines the 95th percentile queue length, which means 95% of the time, during the peak hours, that the vehicle queue length will be equal or less than the queue length identified. The 95th percentile queue has been reviewed versus the left-turn lane storage capacities for the Buildout Year 2038 (Cumulative Conditions) without and with project conditions.
Table 9 shows the summary of the left-turn storage capacities and anticipated 95th percentile queue lengths at each of the study intersections and project driveways. Table 9 also identifies the change in vehicle queue for each left-turn pocket with the Project added and notes if that change is less than 1 vehicle length (25’ typical). Where 95th percentile vehicle queues were reported to exceed the existing left-turn storage capacity, Table 9 also notes one of the following for those particular approach and left-turn movements:
Additional queuing capacity beyond the end of the turn pocket due to existing two-way leftturn lane. Additional queuing can be accommodated by restriping. The increase in the queue length due to the Project is less than one car length (25 feet). Queue would be overcapacity by less than one car length (25 feet). This assumes the vehicle queue would be accommodated in the pocket opening.
The following intersections with the noted turn pocket approaches would experience left-turn queues exceeding the existing turn lane capacities in Buildout Year 2038 (Cumulative Conditions) without the Project:
#1 - Lincoln Avenue at Moody Street – All approaches
#2 – Lincoln Avenue at Walker Street – All approaches #3 – Lincoln Avenue at Valley View Street – SBL, WBL
#4 – Orange Avenue at Moody Street – EBL
#5 – Orange Avenue at Walker Street – NBL, SBL, EBL
#6 – Orange Avenue at Valley View Street – NBL, EBL, WBL #7 – Ball Road at Bloomfield Street – NBL
#8 – Ball Road at Denni Street – NBL, SBL
#9 – Ball Road at Moody Street – WBL (AM Peak)
#10 – Ball Road at Walker Street – SBL, EBL
#11 – Ball Road at Valley View Street – NBL, EBL, WBL #14 – Cerritos Avenue at Lexington Drive/Denni Street – SBL #16 – Cerritos Avenue at Walker Street – SBL, WBL (PM Peak) Cypress Specific Plan 3.0 Buildout Project - 71 - Kimley-Horn and Associates, Inc.
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#17 – Cerritos Avenue at Valley View Street – All approaches #18 – Vessels Circle at Walker Street – NBL, EBL
#21 – Katella Avenue at Lexington Drive – NBL
#23 – Katella Avenue at Siboney Street – WBL
#24 – Katella Avenue at Walker Street – NBL, SBL (PM Peak), EBL #25 – Katella Avenue at Valley View Street – All approaches #26 – Katella Avenue at Hope Street- SBL
#27 – Katella Avenue at Holder Street – SBL
#30 – Orangewood Avenue at Valley View Street – SBL, EBL, WBL.
The addition of Project traffic in Buildout Year 2038 (Cumulative Conditions) would cause the vehicle queues to exceed the left-turn storage capacity for the following movements, intersections and peak hours identified:
#9 – Ball Road at Moody Street – WBL (PM Peak)
#10 – Ball Road at Walker Street – WBL (AM/PM Peak)
#14 – Cerritos Avenue at Lexington Drive/Denni Street – NBL (AM Peak) #15 – Cerritos Avenue at Moody Street – NBL (PM Peak), WBL (AM Peak) – with inclusion of project feature
#16 – Cerritos Avenue at Walker Street – WBL (AM Peak) #24 – Katella Avenue at Walker Street – SBL (AM Peak) Proposed improvements at Intersection #18 – Vessels Circle at Walker Street are anticipated to accommodate the added vehicle queues due to the Project. In addition, the project features previously identified in this study for #15 – Cerritos Avenue at Moody Street are anticipated to accommodate the projected left-turn vehicle queues and prevent an exceedance.
Buildout 2038
Without Project
Buildout 2038
Plus Project Change
95th Percentile 95th Percentile 95th Percentile
AM 220 236 16
PM 190 211 21
AM 253 249 -4
PM 277 247 -30
AM 203 207 4
PM 232 232 0
AM 127 130 3
PM 119 126 7
AM 105 106 1
PM 77 77 0
AM 198 206 8
PM 182 184 2
AM 142 160 18
PM 225 225 0
AM 131 147 16
PM 204 242 38
AM 93 108 15
PM 148 148 0
AM 111 111 0
PM 278 278 0
AM 143 161 18
PM 166 172 6
AM 175 179 4
PM 334 350 16
AM 67 67 0
PM 21 21 0
AM 88 89 1
PM 54 55 1
AM 135 135 0
PM 88 88 0
AM 54 54 0
PM 61 61 0
Notes:
* Queue length not reported
1 There is additional queuing capacity beyond the end of the turn pocket due to existing two-way-left-turn lane. 2 Additional queuing can be accommodated by a restriping. 3 The increase in the queue length due to the Project is less than one car length (25 feet). 4 The queue would be overcapacity by less than one car length (25 feet). 5 There is no striped storage capacity. Queue lengths are provided for informational purposes.
Existing TWLTL available to accommodate
the anticipated queue for Buildout 2038
Plus Project
TABLE 9
SUMMARY OF LEFT-TURN QUEUING ANALYSIS
Intersection
Number
1 2
3 4 Orange Ave at Moody St
NBL 150
SBL 160 3
EBL 100 1
WBL 125
Lincoln Ave at Valley View St
NBL 160 3
SBL 235
EBL 185 3
WBL 195 3
Lincoln Avenue at Walker St
NBL 90 1 3
SBL 110 3
EBL 160 3
WBL 160
Lincoln Avenue at Moody St
NBL 140 1,3
SBL 120 1
EBL 150 3
WBL 120 3,4
Intersection Movement
Storage
Capacity
(ft/ln)
Peak Hour
Queue Length (ft/ln)
Existing TWLTL available to accommodate
the anticipated queue for Buildout 2038
Plus Project
10' queue overflow can be accommodated
in pocket opening.
Notes
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Buildout 2038
Without Project
Buildout 2038
Plus Project Change
95th Percentile 95th Percentile 95th Percentile
TABLE 9
SUMMARY OF LEFT-TURN QUEUING ANALYSIS
Intersection
Number Intersection Movement
Storage
Capacity
(ft/ln)
Peak Hour
Queue Length (ft/ln)
Notes
AM 134 134 0
PM 141 141 0
AM 118 118 0
PM 166 166 0
AM 96 96 0
PM 79 79 0
AM 80 80 0
PM 80 80 0
AM 265 265 0
PM 278 278 0
AM 122 122 0
PM 211 211 0
AM 233 233 0
PM 191 191 0
AM 195 195 0
PM 260 260 0
AM 145 144 -1
PM 187 189 2
AM 79 75 -4
PM 42 46 4
AM 53 58 5
PM 168 170 2
AM 69 75 6
PM 86 87 1
AM 108 112 4
PM 116 119 3
AM 186 186 0
PM 32 32 0
AM 29 29 0
PM 34 34 0
AM 120 116 -4
PM 130 130 0
Notes:
* Queue length not reported
1 There is additional queuing capacity beyond the end of the turn pocket due to existing two-way-left-turn lane. 2 Additional queuing can be accommodated by a restriping. 3 The increase in the queue length due to the Project is less than one car length (25 feet). 4 The queue would be overcapacity by less than one car length (25 feet). 5 There is no striped storage capacity. Queue lengths are provided for informational purposes. 5 6
7 8 Ball Rd at Denni St
NBL 55 3
SBL 80
EBL 150
WBL 145
Ball Rd at Bloomfield St
NBL 100 3
SBL 160 3
EBL 220 3
WBL 190 3
Orange Ave at Valley View St
NBL 240
SBL 225
EBL 60
WBL 100
Orange Ave at Walker St
NBL 70 1
SBL 75 1
EBL 85 1,4
WBL 90
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Buildout 2038
Without Project
Buildout 2038
Plus Project Change
95th Percentile 95th Percentile 95th Percentile
TABLE 9
SUMMARY OF LEFT-TURN QUEUING ANALYSIS
Intersection
Number Intersection Movement
Storage
Capacity
(ft/ln)
Peak Hour
Queue Length (ft/ln)
Notes
AM 74 83 9
PM 106 108 2
AM 135 134 -1
PM 40 38 -2
AM 145 145 0
PM 57 57 0
AM 265 281 16
PM 174 191 17
AM 125 125 0
PM 54 54 0
AM 201 197 -4
PM 287 287 0
AM 190 191 1
PM 240 272 32
AM 113 122 9
PM 120 134 14
AM 311 311 0
PM 426 426 0
AM 73 73 0
PM 123 157 34
AM 192 199 7
PM 305 333 28
AM 418 423 5
PM 284 298 14
AM 90 107 17
PM 58 66 8
AM 129 133 4
PM 70 80 10
AM 40 41 1
PM 74 77 3
AM 26 33 7
PM 4 12 8
Notes:
* Queue length not reported
1 There is additional queuing capacity beyond the end of the turn pocket due to existing two-way-left-turn lane. 2 Additional queuing can be accommodated by a restriping. 3 The increase in the queue length due to the Project is less than one car length (25 feet). 4 The queue would be overcapacity by less than one car length (25 feet). 5 There is no striped storage capacity. Queue lengths are provided for informational purposes. 14' queue overflow can be accommodated
in existing pocket opening.
33' queue overflow can be accommodated
in existing pocket opening and extended
exclusive shared through-left lane.
9 10
11 14 Cerritos Ave at Lexington
Dr/Denni St
NBL 100 3 4
SBL 100 3
EBL 115 3
WBL 160 3
Ball Rd at Valley View St
NBL 160
SBL 210
EBL 110
WBL 120 3
Ball Rd at Walker St
NBL 135
SBL 90 1
EBL 150 3
WBL 120 3, 4
Ball Rd at Moody St
NBL 115 3
SBL 180
EBL 165
WBL 180 3
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Buildout 2038
Without Project
Buildout 2038
Plus Project Change
95th Percentile 95th Percentile 95th Percentile
TABLE 9
SUMMARY OF LEFT-TURN QUEUING ANALYSIS
Intersection
Number Intersection Movement
Storage
Capacity
(ft/ln)
Peak Hour
Queue Length (ft/ln)
Notes
AM 79 84 5
PM 65 233 168
AM 296 254 -42
PM 282 205 -77
AM 172 245 73
PM 327 339 12
AM 135 166 31
PM 74 108 34
AM 76 76 0
PM 87 109 22
AM 241 251 10
PM 244 249 5
AM 34 57 23
PM 76 86 10
AM 152 206 54
PM 219 484 265
AM 396 439 43
PM 731 917 186
AM 223 223 0
PM 331 363 32
AM 87 169 82
PM 304 414 110
AM 111 116 5
PM 109 109 0
AM 6 12 6
PM 128 224 96
AM 132 207 75
PM 24 92 68
Notes:
* Queue length not reported
TWLTL - Two-way left-turn lane
1 There is additional queuing capacity beyond the end of the turn pocket due to existing two-way-left-turn lane. 2 Additional queuing can be accommodated by a restriping. 3 The increase in the queue length due to the Project is less than one car length (25 feet). 4 The queue would be overcapacity by less than one car length (25 feet). 5 There is no striped storage capacity. Queue lengths are provided for informational purposes.
Restripe to extend eastbound left-turn
pocket to accommodate the anticipated
queue for Buildout 2038 Plus Project.
Existing pocket opening can accommodate
the anticipated queue for Buildout 2038
Plus Project
Add eastbound right-turn overlap phasing,
extend NB and EB Left-turn pocket, and
widen Vessels Circle on the south side are
provided as proposed improvements.
2 left-turn lanes included
as a project feature.
2nd southbound left-turn lane included as
a project feature.
Restripe to extend eastbound left-turn
pocket to accommodate Buildout 2038
Plus Project queue as a project feature.
Restripe to extend westbound left-turn
pocket to accommodate Buildout 2038
Plus Project queue as a project feature.
18 15
16 17
Vessels Cir at Walker St
NBL 60 2
EBL 100 2
Cerritos Ave at Valley View St
NBL 230
SBL 225 3
EBL 280
WBL 90 3
Cerritos Ave at Walker St
NBL 200 3
SBL 130 3
EBL 150 3
WBL 190
Cerritos Ave at Moody St
NBL 75
SBL 200
EBL 150
WBL 150
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Buildout 2038
Without Project
Buildout 2038
Plus Project Change
95th Percentile 95th Percentile 95th Percentile
TABLE 9
SUMMARY OF LEFT-TURN QUEUING ANALYSIS
Intersection
Number Intersection Movement
Storage
Capacity
(ft/ln)
Peak Hour
Queue Length (ft/ln)
Notes
AM 146 146 0
PM 162 181 19
AM 104 118 14
PM 71 92 21
AM 75 79 4
PM 38 56 18
AM 182 182 0
PM 208 213 5
AM * * *
PM * * *
AM * * *
PM * * *
AM 108 108 0
PM 175 175 0
AM 156 238 82
PM 91 201 110
AM 80 110 30
PM 155 244 89
AM 81 81 0
PM 187 186 -1
AM 18 18 0
PM 68 68 0
AM 274 294 20
PM 320 345 25
AM 222 125 -97
PM 206 215 9
AM 4 4 0
PM 4 4 0
Notes:
* Queue length not reported
TWLTL - Two-way left-turn lane
1 There is additional queuing capacity beyond the end of the turn pocket due to existing two-way-left-turn lane. 2 Additional queuing can be accommodated by a restriping. 3 The increase in the queue length due to the Project is less than one car length (25 feet). 4 The queue would be overcapacity by less than one car length (25 feet). 5 There is no striped storage capacity. Queue lengths are provided for informational purposes. 70' queue overflow can be accommodated
in existing pocket opening and extended
exclusive shared through-left lane.
21 22
23 24 Katella Ave at Walker St
NBL 40
SBL 275
EBL 110
WBL 130
Katella Ave at Siboney St
NBL --
5 SBL --
5 EBL 270
WBL 145
Katella Ave at Enterprise Dr
NBL --
5 WBL 80
Katella Ave at Lexington Dr
NBL 120 3,4
SBL 200 3
EBL 280 3
WBL 130 3
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Buildout 2038
Without Project
Buildout 2038
Plus Project Change
95th Percentile 95th Percentile 95th Percentile
TABLE 9
SUMMARY OF LEFT-TURN QUEUING ANALYSIS
Intersection
Number Intersection Movement
Storage
Capacity
(ft/ln)
Peak Hour
Queue Length (ft/ln)
Notes
AM 416 476 60
PM 438 587 149
AM 191 197 6
PM 199 240 41
AM 197 197 0
PM 300 299 -1
AM 155 155 0
PM 305 343 38
AM 2 2 0
PM 27 27 0
AM 5 5 0
PM 103 103 0
AM 62 62 0
PM 23 23 0
AM 80 80 0
PM 23 23 0
AM 4 4 0
PM 39 39 0
AM 114 114 0
PM 255 255 0
AM 80 80 0
PM 147 147 0
AM 41 41 0
PM 15 15 0
AM 31 31 0
PM 58 59 1
AM 46 46 0
PM 108 109 1
AM 44 44 0
PM 39 39 0
AM 48 48 0
PM 32 32 0
Notes:
* Queue length not reported
TWLTL - Two-way left-turn lane
1 There is additional queuing capacity beyond the end of the turn pocket due to existing two-way-left-turn lane. 2 Additional queuing can be accommodated by a restriping. 3 The increase in the queue length due to the Project is less than one car length (25 feet). 4 The queue would be overcapacity by less than one car length (25 feet). 5 There is no striped storage capacity. Queue lengths are provided for informational purposes. 27 28
25 26
Katella Ave at Dana Way
NBL --
3 5
SBL --
3 5
EBL 160
WBL 155
Katella Ave at Holder St
NBL 155
SBL 105
EBL 180
WBL 190
Katella Ave at Hope St
NBL 165
SBL 65
EBL 165
WBL 150
Katella Ave at Valley View St
NBL 280
SBL 185
EBL 170
WBL 190
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Buildout 2038
Without Project
Buildout 2038
Plus Project Change
95th Percentile 95th Percentile 95th Percentile
TABLE 9
SUMMARY OF LEFT-TURN QUEUING ANALYSIS
Intersection
Number Intersection Movement
Storage
Capacity
(ft/ln)
Peak Hour
Queue Length (ft/ln)
Notes
AM 19 19 0
PM 19 19 0
AM 39 39 0
PM 26 26 0
AM 83 83 0
PM 17 17 0
AM 20 20 0
PM 14 14 0
AM 48 48 0
PM 23 23 0
AM 189 189 0
PM 300 323 23
AM 176 176 0
PM 215 215 0
AM 122 122 0
PM 102 102 0
AM * 10 *
PM * 22 *
AM 97 350 *
PM 94 342 *
AM * 40 *
PM * 93 *
AM * 40 *
PM * 39 *
AM * 11 *
PM * 4 *
Notes:
* Queue length not reported
TWLTL - Two-way left-turn lane
1 There is additional queuing capacity beyond the end of the turn pocket due to existing two-way-left-turn lane. 2 Additional queuing can be accommodated by a restriping. 3 The increase in the queue length due to the Project is less than one car length (25 feet). 4 The queue would be overcapacity by less than one car length (25 feet). 5 There is no striped storage capacity. Queue lengths are provided for informational purposes.
Project features provided for intersection.
29 30
31 Moody/Siboney St at Vessels Cir
NBL --
5 SBL --
5 EBL --
5 WBL --
5 Orangewood Ave at Valley View
St
NBL 215
SBL 250 3
EBL 80
WBL 100
Katella Ave at Meridian Dr
NBL 50
SBL 50
EBL 170
WBL 160
D1 Driveway 1 at Lexington Dr WBL --
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Buildout 2038
Without Project
Buildout 2038
Plus Project Change
95th Percentile 95th Percentile 95th Percentile
TABLE 9
SUMMARY OF LEFT-TURN QUEUING ANALYSIS
Intersection
Number Intersection Movement
Storage
Capacity
(ft/ln)
Peak Hour
Queue Length (ft/ln)
Notes
AM * 24 *
PM * 15 *
AM * 2 *
PM * 5 *
AM * 25 *
PM * 14 *
AM * 2 *
PM * 6 *
AM * 1 *
PM * 16 *
AM * 1 *
PM * 4 *
AM * 18 *
PM * 38 *
AM * 5 *
PM * 11 *
AM * 2 *
PM * 4 *
AM * 0 *
PM * 3 *
AM * 5 *
PM * 9 *
AM * 8 *
PM * 14 *
Notes:
* Queue length not reported
TWLTL - Two-way left-turn lane
1 There is additional queuing capacity beyond the end of the turn pocket due to existing two-way-left-turn lane. 2 Additional queuing can be accommodated by a restriping. 3 The increase in the queue length due to the Project is less than one car length (25 feet). 4 The queue would be overcapacity by less than one car length (25 feet). 5 There is no striped storage capacity. Queue lengths are provided for informational purposes.
D2 Driveway 2 at Cerritos Ave
NBL
WBL
--
5 100
D3 Driveway 3 at Cerritos Ave
NBL --
5 WBL 100
D4 Driveway 4 at Moody St
NBL 100
SBL 100
EBL --
5 WBL --
5 D5 Driveway 5 at Moody St
NBL 100
SBL 100
EBL --
5 WBL --
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January 2026
Buildout 2038
Without Project
Buildout 2038
Plus Project Change
95th Percentile 95th Percentile 95th Percentile
TABLE 9
SUMMARY OF LEFT-TURN QUEUING ANALYSIS
Intersection
Number Intersection Movement
Storage
Capacity
(ft/ln)
Peak Hour
Queue Length (ft/ln)
Notes
AM * 8 *
PM * 40 *
AM * 7 *
PM * 18 *
AM * 0 *
PM * 2 *
AM * 1 *
PM * 2 *
AM * 8 *
PM * 4 *
AM * 11 *
PM * 50 *
AM * 1 *
PM * 7 *
AM * 1 *
PM * 2 *
Notes:
* Queue length not reported
TWLTL - Two-way left-turn lane
1 There is additional queuing capacity beyond the end of the turn pocket due to existing two-way-left-turn lane. 2 Additional queuing can be accommodated by a restriping. 3 The increase in the queue length due to the Project is less than one car length (25 feet). 4 The queue would be overcapacity by less than one car length (25 feet). 5 There is no striped storage capacity. Queue lengths are provided for informational purposes.
D6 Driveway 6 at Vessels Circle
NBL --
5 SBL --
5 EBL --
5 WBL --
5 D7 Driveway 7 at Vessels Circle
NBL --
5 SBL --
5 EBL --
5 WBL --
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CONSTRUCTION TRAFFIC
The Cities of Cypress, Los Alamitos and Garden Grove have designated truck routes within each City.
The City of Cypress has designated Cerritos Avenue, Katella Avenue, Valley View Street, and Walker Street between Cerritos Avenue and Katella Avenue as truck routes within City limits. The City of Los Alamitos has designated Los Alamitos Boulevard, Bloomfield Street, Cerritos Avenue and Katella Avenue within City limits as truck routes. The City of Garden Grove has designated Valley View Street within City limits as a truck route. The truck routes for each city are shown on Figures 24, 25 and
26. It should be noted that the Project will be constructed over an extended period, and the phasing of specific development projects is largely unknown and cannot be determined at this time. It is anticipated that for development in the Buildout Area, haul routes for construction traffic will be almost entirely along the designated truck routes (Katella Avenue, Cerritos Avenue, Walker Street and Valley View Street) to the I-605, SR-22 or I-405 Freeways. Use of the Moody Street extension (after it is built) and/or Lexington Drive may be needed for grading activities in some portions of the Buildout Area to access the noted designated truck routes. As each specific development project is identified, specific haul routes can be determined.
Temporary delays in traffic may occur due to oversized construction vehicles traveling at lower speeds on Katella Avenue, Cerritos Avenue or Walker Street turning into the Buildout Area. Such delays, however, will be occasional and of short duration. The traffic generated by construction activity will be limited in duration and will not materially impact the Level of Service at any of the study intersections.
- 82 -
- 83 -
- 84 -
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ORANGE COUNTY CONGESTION MANAGEMENT PROGRAM (CMP)
The Orange County Congestion Management Program (CMP) was established in 1991 to reduce traffic congestion and to provide a mechanism for coordinating land use and development decisions.
Compliance with the CMP requirements ensures a city’s eligibility to compete for State gas tax funds for local transportation projects.
The Orange County CMP Highway System is shown on Figure 27. Within the Cities of Cypress and Los Alamitos, the CMP Highway System includes two arterials: Valley View Street and Katella Avenue.
Three CMP intersections have been analyzed in or near the study area: Valley View Street at SR-22 Westbound Ramps; Valley View Street/Bolsa Chica Road at Garden Grove Boulevard; and Katella Avenue at Valley View Street.
Based on CMP requirements, a Traffic Impact Analysis (TIA) is required for CMP purposes for any proposed development generating 2,400 or more daily trips, except that for developments which will directly access a CMP Highway System roadway segment, the threshold for requiring a TIA is reduced to 1,600 or more trips per day. The Project is estimated to generate a total of 21,041 daily trips, and would take access directly from Katella Avenue, which is a CMP facility. As such, a TIA is required for CMP purposes.
Based on CMP requirements, the extent of the study area for a TIA is determined by comparing the project’s daily trips on a CMP roadway segment to the daily LOS E capacity of that segment. The CMP requires that the study area for the project extend far enough to cover any CMP roadway segment on which the project traffic would represent 3 percent or more of the roadway segment LOS E capacity.
This section of the traffic study has been prepared to demonstrate that the analysis for the Project in the preceding sections of this report also satisfies the CMP study area requirements. The LOS E capacities of Katella Avenue and Valley View Street, the two CMP roadways in the project vicinity, and the forecasted daily project traffic volumes on those segments, are shown on Figure 282. This figure demonstrates that the project daily traffic volumes will exceed the 3 percent threshold for relatively short distances on Katella Avenue east and west of the Buildout Area and along Valley View Street to the north and south. As shown on Figure 28, it is anticipated or shown that the project daily traffic volumes will dissipate below the 3 percent threshold on Katella Avenue to the east and west of the marked points and on Valley View Street to the north and south of the marked points.
The intersections of Valley View Street at SR-22 Westbound Ramps, Valley View Street/Bolsa Chica Road at Garden Grove Boulevard, and Katella Avenue at Valley View Street have therefore been included in the peak hour analysis reflected in Figure 28 to satisfy the CMP study requirements because project daily traffic volumes would be above the 3 percent threshold approaching those intersections, but (1) with respect to Katella Avenue, would dissipate to below the 3 percent 2 Pursuant to the Guidance for Administration of the Orange County Master Plan of Arterial Highways (OCTA, October 2012), the LOS E capacity for 6-lane major roadways (Katella Avenue and Valley View Street) is 56,300 vehicles per day.
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threshold (a) at the next CMP intersection to the west, which is the Katella Avenue at I-605 Southbound Ramps, and (b) before reaching the next CMP intersection to the east, which is the Beach Boulevard and Katella intersection, and (2) with respect to Valley View Street, would dissipate below the 3 percent threshold along Valley View Street before reaching the next CMP intersection to the north, which is the SR-91 Eastbound Ramp and Valley View Street intersection in the City of Buena Park, and before reaching the next CMP intersection to the south, which is Bolsa Chica Road at I-405 Southbound Ramps. Therefore, the CMP traffic analysis has been carried out sufficiently far enough to satisfy CMP requirements.
It should be noted that the CMP traffic analysis for Intersection #32 – Valley View Street at SR-22 Westbound Ramps and Intersection #33 – Valley View Street/Bolsa Chica Road at Garden Grove Boulevard, utilizes historical counts from 2017 and 2015, respectively. These historical traffic volumes were grown utilizing an ambient annual growth rate of 1% per year, up to Existing Year 2024 conditions and Buildout Year 2038 Conditions. No adjustments to the traffic counts for Intersection #25 – Katella Avenue at Valley View Street were applied for Existing Year 2024 Conditions as the traffic counts for this intersection were collected in May 2024. The traffic volumes for this intersection were grown at an ambient annual growth rate of 1% per year to Buildout Year 2038 Conditions.
Table 10 shows the results of the CMP analysis. As shown in Table 10, in the Existing Condition with Moody Street Extension, Existing with Project, and Buildout Year 2038 with and without project, the CMP intersections of Valley View Street at SR-22 Westbound Ramps, Valley View Street/Bolsa Chica Road at Garden Grove Boulevard, and Katella Avenue and Valley View Street would operate at LOS D or better in both the AM and PM peak hours, which is acceptable per CMP requirements as shown below. Intersection peak hour traffic volumes analyzed for the Valley View Street at SR-22 Westbound Ramps and Valley View Street/Bolsa Chica Road at Garden Grove Boulevard intersections are presented in Figure 29 (the peak hour traffic volumes for Katella Avenue at Valley View Street intersection have been presented earlier in this study).| | | | | | | | | | - 87 -
Katella Ave
605
INTERSTATE
Los Alamitos Blvd
Valley View St
Moody StWalker St
Denni St
Knott Ave
Bloomfield St
Orangewood Ave
Enterprise Dr
Lexington Dr
Orange Ave
Lincoln Ave
Ball Rd
Chapman Ave
Lampson Ave
Crescent Ave
La Palma Ave
Cerritos Ave
Valley View St
Garden Grove Blvd
405
INTERSTATE
Valley View St - 88 -
LEGEND:
Project Traffic / LOS "E" Capacity
Project Percentage of LOS "E" Capacity
=
XXX / YYY
Z%
= Buildout Area
ICU LOS ICU LOS ICU LOS ICU LOS
25 Katella Ave at Valley View St S 0.629 B 0.703 C 0.648 B 0.735 C 32 Valley View St at SR-22 Westbound Ramps S 0.758 C 0.752 C 0.765 C 0.779 C 33 Valley View St/Bolsa Chica Rd
at Garden Grove Blvd S 0.743 C 0.833 D 0.775 C 0.818 D
ICU LOS ICU LOS ICU LOS ICU LOS
25 Katella Ave at Valley View St S 0.717 C 0.802 D 0.734 C 0.837 D 32 Valley View St at SR-22 Westbound Ramps S 0.806 D 0.815 D 0.813 D 0.835 D 33 Valley View St/Bolsa Chica Rd
at Garden Grove Blvd S 0.827 D 0.885 D 0.834 D 0.891 D
TABLE 10
SUMMARY OF INTERSECTION OPERATION
OC CMP INTERSECTIONS
Traffic
Control Int. # Intersection
Existing Plus Project
AM Peak Hour PM Peak Hour
Existing
Int. # Intersection Traffic
Control
AM Peak Hour PM Peak Hour
Buildout Year 2038 with Project
AM Peak Hour PM Peak Hour
Buildout Year 2038
AM Peak Hour PM Peak Hour
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January 2026
Katella Ave Los Alamitos Blvd Knott Ave S Western Ave Bloomfield St Orangewood Ave Enterprise Dr Lexington Dr
Chapman Ave
Lampson Ave
Cerritos Ave
Garden Grove Blvd
405
INTERSTATE 22
CALIFORNIA - 90 -
LEGEND:
= Study Intersection
= AM/PM Volumes
32. Valley View St
at SR-22 Westbound Ramps
33. Valley View St
/ Bolsa Chica Rd
at Garden Grove Blvd
= Buildout Area
25. Katella Ave
at Valley View St
EXISTING TRAFFIC VOLUMES
32. Valley View St
at SR-22 Westbound Ramps
33. Valley View St
/ Bolsa Chica Rd
at Garden Grove Blvd
25. Katella Ave
at Valley View St
EXISTING WITH PROJECT TRAFFIC VOLUMES
32. Valley View St
at SR-22 Westbound Ramps
33. Valley View St
/ Bolsa Chica Rd
at Garden Grove Blvd
25. Katella Ave
at Valley View St
BUILD OUT 2038 TRAFFIC VOLUMES
32. Valley View St
at SR-22 Westbound Ramps
33. Valley View St
/ Bolsa Chica Rd
at Garden Grove Blvd
25. Katella Ave
at Valley View St
BUILD OUT 2038 WITH PROJECT TRAFFIC VOLUMES
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MELIA HOMES PROJECT TRAFFIC ANALYSIS
Melia Homes has proposed a project (Melia Project) in a portion of the Buildout Area that is Lot 14 on proposed Vesting Tentative Tract Map No. 19247 (VTTM 19247) and includes approximately 7.33 acres of land (Melia Site), all as shown on Figure 2. The Melia Project includes the subdivision of proposed Lot 14 into 8 lots (Lots 1-6, A and B) for condominium purposes for the construction and sale of 112 attached townhomes, with common areas for landscaping, recreation center, parking, drive aisles and easements. The Melia Site is located in the Mixed-Use (Town Center/MDR) District established in the Specific Plan.
Analysis Scenarios
This traffic analysis for the Melia Project evaluates weekday morning and evening peak hour operations for the following scenarios:
Existing (2025) Conditions
Existing (2025) Plus Project Conditions.
Analysis Methodology
This traffic analysis focuses on the Melia Project’s off-site traffic-related impacts and peak-hour impacts at the following study intersection, which provides the only access to and from the Melia Site to the City’s roadway network:
Katella Avenue and Siboney Street.
As set forth in the Cypress Circulation Element, the City's Level of Service standard for acceptable intersection operation is Level of Service D, except at intersections along Valley View Street, Lincoln Avenue, and Katella Avenue. As the study intersection is on Katella Avenue, the acceptable level of service is LOS E.
Existing Peak Hour Traffic Volumes
Existing peak hour turning movement counts were collected on a typical (non-holiday) weekday in May 2024 at the study intersection. These traffic volumes were grown to Existing (2025) volumes by utilizing a conservative ambient growth rate of 1 percent per year. The resulting Existing (2025) peak hour volumes are shown on Figure 30. Intersection analysis worksheets are provided in Appendix G hereto. The results of the Existing (2025) intersection analysis are summarized on Table 11. This table shows that the study intersection currently operates at an acceptable Level of Service.
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Project Trip Generation
Daily and peak hour trip generation estimates have been prepared for the Melia Project. Trip generation estimates are based on the Institute of Transportation Engineers (ITE) Trip Generation Manual (11th Edition) trip rates for:
Multifamily Housing (Low-Rise) (Land Use 220)
The trip rate and the resulting project trip generation estimate is shown on Table 12. The Melia Project would generate approximately 755 vehicle trips on a daily basis, with 45 trips (11 inbound and 34 outbound) in the morning peak hour and 57 trips (36 inbound and 21 outbound) in the evening peak hour.
It should be noted that the Cypress Specific Plan 3.0 Buildout Project is based on the assumption that a maximum of 131 dwelling units would be developed on the Melia Site (i.e., proposed Lot 14 in VTTM 19247). As the Melia Project includes only 112 dwelling units, the trip generation estimates are less than what has been analyzed in this report.
Project Trip Distribution and Assignment
Trip distribution assumptions for the Project were developed based on the likely origins and destinations of residents. Trip distribution assumptions during the morning and afternoon peak hours for the project are shown on Figure 30 and follow the same distribution patterns as the residential use distribution utilized in this report for the entire Buildout Area.
Existing (2025) Plus Project Peak Hour Analysis
Project-related trips were added to Existing (2025) traffic volumes to forecast Existing (2025) Plus Project Conditions. Morning and evening peak hour traffic volumes for this scenario are shown on Figure 30. A summary of the resulting intersection Level of Service is provided on Table 11.
Intersection analysis worksheets are provided in Appendix G. Table 11 shows that during peak hours, the study intersection would operate acceptably with the addition of project traffic pursuant to the Cypress Circulation Element.
Pursuant to the Cypress Transportation Guidelines, a project-related traffic effect is considered deficient under the HCM methodology if the increase in delay exceeds the City’s applicable threshold of deficiency. The addition of project traffic at the intersection does not increase the intersection delay beyond the relevant thresholds of deficiency. Therefore, the Melia Project would not have any project-related effect.
Katella Ave
S
bi o
n
e
y
S
t
- 93
-
LEGEND:
= Study Intersection
= AM/PM Volumes
23. Katella Ave
at Siboney St
EXISTING (2025)
PROJECT
23. Katella Ave
at Siboney St
TRAFFIC VOLUMES
EXISTING (2025) WITH PROJECT
23. Katella Ave
at Siboney St
40% 60%
XX% = Project Trip
Distribution %
= Melia Site
Delay LOS Delay LOS Delay LOS Delay LOS
23 Katella Avenue at Siboney Street S 13.2 B 14.1 B 0.9 No 22.5 C 23.2 C 0.7 No PM Peak Hour
Change
in Delay
ProjectRelated
Effect?
TABLE 11
SUMMARY OF INTERSECTION OPERATIONS
MELIA HOMES PROJECT
Traffic
Control Int. # Intersection
Existing (2025)
Plus Project Existing (2025) Existing (2025) Plus Project Existing (2025) AM Peak Hour
Change
in Delay
ProjectRelated
Effect?
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TABLE 12
SUMMARY OF PROJECT TRIP GENERATION
MELIA HOMES PROJECT
Trip Generation Rates 1
ITE Land Use Unit AM Peak Hour PM Peak Hour
In Out Total In Out Total
Multifamily Housing (Low-Rise) 220 DU 6.740 0.096 0.304 0.400 0.321 0.189 0.510 Trip Generation Estimates
Project Land Use Quantity Unit AM Peak Hour PM Peak Hour In Out Total In Out Total
Multifamily Housing (Low-Rise) 112 DU 755 11 34 45 36 21 57 Total Proposed Project Trips 755 11 34 45 36 21 57
DU = Dwelling Unit
ITE Code
Daily
Daily
1 Source: Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition Cypress Specific Plan 3.0 Buildout Project
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SUMMARY OF FINDINGS AND CONCLUSIONS
The Project is based on reasonably foreseeable buildout under the Specific Plan, which includes 141 detached single-family homes, 269 attached single-family homes, 1,381 multifamily residential units, and 440,000 square feet of commercial/retail floor area. The Project is anticipated to have one driveway access point along Lexington Drive, two driveway access points along Cerritos Avenue, two driveway access points along the Moody Street extension and two driveway access points along Vessels Circle. These driveways will be unsignalized, and will allow all movements. The spacing between the proposed driveways along Cerritos Avenue, as required by the City, will be 300 feet or greater from each other and from the existing intersections. The final location of the project driveway access points will be subject to review and approval by the City. Morning and evening peak hour operating conditions were evaluated at 31 intersections and 7 project driveway locations, totaling 38 study intersections, for the following study scenarios:
o Existing Conditions
o Existing Plus Project
o Buildout Year 2038 Without Project
o Buildout Year 2038 With Project.
Under Existing Conditions, all study intersections currently operate at acceptable levels of service.
At project buildout, the Project would generate approximately 21,041 weekday vehicle trips on a daily basis, with 1,019 trips during the morning peak hour and 1,418 trips during the evening peak hour.
The extension of Moody Street to Katella Avenue and Vessels Circle to the extended Moody Street, including the intersection of Moody Street and Vessels Circle, were coded into the OCTAM model version 5.1. A selectzone analysis for the project scenario was conducted to help determine the trip distribution with the Moody Street and Vessels Circle extensions.
Project traffic was manually removed based on this trip distribution to develop no project scenario with the roadway modifications. The link volumes obtained from the OCTAM model output were post-processed using the B-Turns methodology developed by the Federal Highway Administration (FHWA) to determine intersection turn movement volumes for the Existing Conditions with Extensions. All study intersections are projected to operate at acceptable levels of service under existing conditions. Project traffic was added to Existing Conditions with Extensions to establish Existing Plus Project forecasts. Project features are proposed at Intersection #15 – Cerritos Avenue at Moody Street and at Intersection #31 – Vessels Circle at Moody Street. Under Existing Plus Cypress Specific Plan 3.0 Buildout Project - 97 - Kimley-Horn and Associates, Inc.
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Project Conditions, all study intersections in both the City of Cypress and City of Los Alamitos would operate acceptably with the addition of project traffic pursuant to their Circulation Elements.
However, pursuant to the Cypress Transportation Guidelines, a project-related traffic effect is considered deficient under the HCM methodology if the increase in delay exceeds the City’s applicable threshold of deficiency. While the following intersections in the City of Cypress operate acceptably pursuant to the Cypress Circulation Element, the addition of project traffic at those intersections increases the intersection delay, during the noted peak hours, beyond the relevant thresholds of deficiency and are considered to have project-related effects:
HCM Methodology:
o #16 – Cerritos Avenue at Walker Street: PM Peak
o #17 – Cerritos Avenue at Valley View Street: PM Peak
o #18 – Vessels Circle at Walker Street: PM Peak
o #23 – Katella Avenue at Siboney Street: PM Peak
o #25 – Katella Avenue at Valley View Street: PM Peak.
With respect to the ICU analysis for Existing Plus Project, all the study intersections would operate acceptably pursuant to both the Cypress Circulation Element and Los Alamitos Circulation Element, and the Project would not have a project-related effect on any of them. Ambient traffic growth at a conservative rate of 1.0 percent per year and traffic from Cumulative Projects were added to Existing Conditions to establish Buildout Year 2038 Without Project cumulative conditions.
Under Buildout Year 2038 Without Project Conditions, each of the study intersections would operate within their respective target Levels of Service. Project traffic was added to Buildout Year 2038 Without Project Conditions to establish Buildout Year 2038 With Project forecasts.
Under Buildout Year 2038 With Project Conditions, study intersections in the City of Los Alamitos and project driveways would operate acceptably pursuant to the Los Alamitos Circulation Element and only the following study intersections in the City of Cypress would operate unacceptably with the addition of project traffic during the noted peak hours pursuant to the Cypress Circulation Element and are therefore considered to have projectrelated effects:
HCM Methodology:
o #9 – Ball Road at Moody Street – AM Peak (LOS E)
o #10 – Ball Road at Walker Street – PM Peak (LOS E)
o #17 – Cerritos Avenue at Valley View Street: PM Peak (LOS F).
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However, pursuant to the Cypress Transportation Guidelines, a project-related traffic effect is considered deficient if the increase in delay per the HCM methodology or volume/capacity ratio per the ICU methodology exceeds the City’s applicable threshold of deficiency. While the following intersections in the City of Cypress operate acceptably pursuant to the Cypress Circulation Element, the addition of project traffic increases at those intersections either the intersection delay or volume/capacity ratio, during the noted peak hour, beyond the City’s relevant threshold of deficiency and are considered to have project-related effects.
HCM Methodology:
o #1 – Lincoln Avenue at Moody Street: AM/PM Peak
o #2 – Lincoln Avenue at Walker Street: PM Peak
o #3 – Lincoln Avenue at Valley View Street: PM Peak
o #11 – Ball Road at Valley View Street: AM/PM Peak
o #16 – Cerritos Avenue at Walker Street: PM Peak
o #17 – Cerritos Avenue at Valley View Street: AM Peak
o #18 – Vessels Circle at Walker Street: PM Peak
o #23 – Katella Avenue at Siboney Street: PM Peak
o #25 – Katella Avenue at Valley View Street: PM Peak
o #30 – Orangewood Avenue at Valley View Street: PM Peak.
With respect to the ICU analysis, the following study intersection operates acceptably pursuant to the Los Alamitos Circulation Element. However, the addition of project traffic increases the Volume/Capacity (V/C) Ratio at that intersection, during the noted peak hour, by more than 0.01 and is therefore considered to be deficient and have a project-related effect, consistent with recent approved traffic analysis studies in the City of Los Alamitos:
ICU Methodology:
o #12 - Cerritos Avenue at Los Alamitos Boulevard: PM Peak. Of the identified intersections with project-related effects, proposed improvements are identified for Intersections #9 – Ball Road at Moody Street, #10 – Ball Road at Walker Street, #16 – Cerritos Avenue at Walker Street, #17 – Cerritos Avenue at Valley View Street, #18 – Vessels Circle at Walker Street, and #23 – Katella Avenue at Siboney Street. Proposed feasible improvements are recommended at these six intersections, as described below, to reduce their project effects, notwithstanding that three of them will operate at acceptable levels of service pursuant to the Cypress Circulation Element. Intersection #17 – Cerritos Avenue at Valley View Street in the PM Peak will continue to operate at an unacceptable LOS with the proposed feasible improvements.
Cypress Specific Plan 3.0 Buildout Project - 99 - Kimley-Horn and Associates, Inc.
Traffic Study January 2026
o #9 – Ball Road at Moody Street
Add additional mast arm indications for the northbound and southbound approaches.
o #10 – Ball Road at Walker Street
Restripe the EB/WB approaches to provide one left-turn lane, two through lanes, and one dedicated right-turn lane.
Shift the westbound exit lanes north.
o #15 – Cerritos Avenue at Moody Street
Restripe EB approach to provide one exclusive right-turn lane. Restripe SB approach to provide 2 lefts, 1 through, and 1 shared through/right lane.
NB approach to provide 2 lefts, 1 through, and 1 shared/through right lane. Modify traffic signals to provide protected phasing for the NB/SB approaches. Provide a crosswalk on the east leg of the intersection. Provide bike lanes on Moody Street.
o #16 – Cerritos Avenue at Walker Street
Add NB right-turn overlap phasing.
o #17 – Cerritos Avenue at Valley View Street
Provide NB right-turn and SB right-turn overlap phasing. Modify striping to extend EB left-turn pocket storage. o #18 – Vessels Circle at Walker Street
Add EB right-turn overlap phasing.
Modify striping to extend NB and EB left-turn pocket storage. Widen Vessels Circle by 10 feet on the south side.
Widen the westbound receiving lane by 3 feet.
Modify traffic signal in conjunction with Vessels Circle widening. o #23 – Katella Avenue at Siboney Street
Add WB right-turn overlap phasing.
o #31 – Vessels Circle at Moody Street
Install traffic signal.
NB approach to provide 1 left, 2 throughs, 1 right.
SB approach to provide 1 left, 1 through, 1 through/right. WB approach to provide 1 left, 1 through, 1 right.
EB approach to provide 1 left, 1 through/right.
Provide bike facilities on both Moody Street and Vessels Circle.
Cypress Specific Plan 3.0 Buildout Project - 100 - Kimley-Horn and Associates, Inc.
Traffic Study January 2026
Signal warrant analysis was conducted for the following intersections:
o #22 – Katella Avenue at Enterprise Drive
o #31 – Vessels Circle at Moody Street (future intersection).
Using the Buildout Year 2038 with Project conditions, future Intersection #31 - Vessels Circle at Moody Street would satisfy the signal warrants in the morning and the evening peak hours.
It is therefore recommended that a traffic signal be installed at this future intersection. Based on a left-turn phasing analysis, left-turn phasing in the north-south direction is recommended.
The traffic signal warrant was not met at Intersection #22 – Katella Avenue at Enterprise Drive. Installation of a traffic signal at that intersection is therefore not recommended at this time.
95th percentile left-turn vehicle queues were evaluated at each study intersection where a minimum of 25 peak hour project trips in any peak hour were distributed. Where 95th percentile vehicle queues were reported to exceed the existing left-turn storage capacity, one of the following was noted for each approach and left-turn movement:
o Additional queuing capacity beyond the end of the turn pocket due to existing twoway left-turn lane. o Additional queuing can be accommodated by restriping. o The increase in the queue length due to the project is less than one car length (25 feet).
o Queue would be overcapacity by less than one car length (25 feet). This assumes the vehicle queue would be accommodated in the pocket opening.
The following intersections with the noted turn pocket approaches would experience leftturn queues exceeding the existing turn lane capacities in Buildout Year 2038 (Cumulative Conditions) without the Project:
#1 - Lincoln Avenue at Moody Street – All approaches
#2 – Lincoln Avenue at Walker Street – All approaches #3 – Lincoln Avenue at Valley View Street – SBL, WBL
#4 – Orange Avenue at Moody Street – EBL
#5 – Orange Avenue at Walker Street – NBL, SBL, EBL
#6 – Orange Avenue at Valley View Street – NBL, EBL, WBL #7 – Ball Road at Bloomfield Street – NBL
#8 – Ball Road at Denni Street – NBL, SBL
#9 – Ball Road at Moody Street – WBL (AM Peak)
#10 – Ball Road at Walker Street – SBL, EBL
#11 – Ball Road at Valley View Street – NBL, EBL, WBL #14 – Cerritos Avenue at Lexington Drive/Denni Street – SBL Cypress Specific Plan 3.0 Buildout Project - 101 - Kimley-Horn and Associates, Inc.
Traffic Study January 2026
#16 – Cerritos Avenue at Walker Street – SBL, WBL (PM Peak) #17 – Cerritos Avenue at Valley View Street – All approaches #18 – Vessels Circle at Walker Street – NBL, EBL
#21 – Katella Avenue at Lexington Drive – NBL
#23 – Katella Avenue at Siboney Street – WBL
#24 – Katella Avenue at Walker Street – NBL, SBL (PM Peak), EBL #25 – Katella Avenue at Valley View Street – All approaches #26 – Katella Avenue at Hope Street- SBL
#27 – Katella Avenue at Holder Street – SBL
#30 – Orangewood Avenue at Valley View Street – SBL, EBL, WBL.
The addition of Project traffic in Buildout Year 2038 (Cumulative Conditions) would cause the vehicle queues to exceed the left-turn storage capacity for the following movements, intersections and peak hours identified:
#9 – Ball Road at Moody Street – WBL (PM Peak)
#10 – Ball Road at Walker Street – WBL (AM/PM Peak)
#14 – Cerritos Avenue at Lexington Drive/Denni Street – NBL (AM Peak) #15 – Cerritos Avenue at Moody Street – NBL (PM Peak), WBL (AM Peak) – with inclusion of project feature
#16 – Cerritos Avenue at Walker Street – WBL (AM Peak) #24 – Katella Avenue at Walker Street – SBL (AM Peak).
Proposed improvements at Intersection #18 – Vessels Circle at Walker Street are anticipated to accommodate the added vehicle queues due to the Project. In addition, the project features previously identified in this study for Intersection #15 – Cerritos Avenue at Moody Street, are anticipated to accommodate the projected left-turn vehicle queues and prevent an exceedance.
Traffic generated by construction activity would be limited in duration and would not materially impact the level of service at any of the study intersections. The Project will be constructed over an extended period, and the phasing of specific development projects is largely unknown and cannot be determined at this time. Haul routes for construction traffic would be along the designated truck routes (Katella Avenue, Cerritos Avenue, Walker Street and Valley View Street) in the Cities of Cypress, Los Alamitos, and Garden Grove to the I-605, SR-22 or I-405 Freeways. Use of the Moody Street extension after it is built and/or Lexington Drive may be needed for grading activities in some portions of the Buildout Area to access the noted designated truck routes. As each specific development project is identified, specific haul routes can be determined.
The intersections of Valley View Street at SR-22 Westbound Ramps, Valley View Street/Bolsa Chica Road at Garden Grove Boulevard, and Katella Avenue and Valley View Street are CMP Cypress Specific Plan 3.0 Buildout Project - 102 - Kimley-Horn and Associates, Inc.
Traffic Study January 2026
intersections. In the Existing Condition with Moody Street and Vessels extensions, Existing with Project, and Buildout Year 2038 with and without project, all three intersections would operate at LOS D or better in both the AM and PM peak hours, which is acceptable per CMP guidelines.
Traffic analysis was conducted at the intersection of Katella Avenue and Siboney Street to analyze the potential project-related effect of the Melia Project, which includes 112 townhome units on the Melia Site (i.e., proposed Lot 14 of VTTM 19247), which includes 7.33 acres of land. The Melia Site is located in the Mixed-Use (Town Center/MDR) District established in the Specific Plan. The intersection of Katella Avenue at Siboney Street was analyzed under Existing (2025) and Existing (2025) Plus Project Conditions. Under both conditions, the study intersection would operate at an acceptable LOS in both the AM and PM peak hours in accordance with the Cypress Circulation Element. Pursuant to the Cypress Transportation Guidelines, the addition of project traffic at the intersection does not increase the intersection delay beyond the relevant thresholds of deficiency. Therefore, the Melia Project would not cause a project-related effect.
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 12.
FROM: William Wynder, City Attorney
DATE: 07/14/2026
SUBJECT: First Reading of an Ordinance Correcting and Amending Section 17-53 and 17-54 of the Municipal Code Related to Penalties for Violation and Civil Remedies for the Illegal Discharge of Fireworks
RECOMMENDATION
Introduce for first reading an ordinance correcting and amending Section 17-53 and 17-54 of the Cypress Municipal Code related to penalties for violation and civil remedies for the illegal discharge of fireworks.
SUMMARY
During the City Council meeting of June 23, 2026, the Mayor Pro Tem noted, during his discussion of the proposed ordinance establishing fines for violation of the City’s long-standing prohibition on fireworks in the City, that an additional two corrections were warranted to Section 17-53 (Penalty for Violation) and 17-54 (Civil Remedies) of the Municipal Code. The proposed ordinance makes these two corrections.
DISCUSSION
As originally codified, Sections 17-53 and 17-54 of the Municipal Code make reference to Section 17-51 of the Municipal Code rather than Section 17-52 of the Municipal code.
Upon review of this codification error, it is apparent these two sections of the Municipal Code require correction. The proposed ordinance will delete references to Section 17-51, in Sections 17-53 (Penalty for Violation) and 17-54 (Civil Remedies). The same sections will be corrected to refer to Section 17-52 (Fireworks Sale, Distribution and Discharge Thereof Prohibited).
These two corrections will add additional tools for enforcing the City’s prohibition on the illegal discharge of fireworks that are separate from and in addition to Ordinance No. 1234 that is located for second reading and adoption on the consent calendar of tonight's agenda. If approved, these changes will require a second reading at the August 25, 2026, City Council meeting.
BUDGET IMPACT
There is no direct budget impact associated with the recommendation.
LEGAL REVIEW
The attached Ordinance was drafted and approved by the City Attorney's office.
APPROVED BY: Shannon DeLong, City Manager
Attachments
Ordinance
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CYPRESS, CALIFORNIA, AMENDING
SECTIONS 17-53 (PENALTY FOR VIOLATION), AND
17-54 (CIVIL REMEDIES) OF CHAPTER 17
(OFFENSES) AS APPLIED TO ENFORCEMENT OF
SECTION 17-52 (FIREWORKS SALE,
DISTRIBUTION, AND DISCHARGE THEREOF
PROHIBITED) OF THE CYPRESS MUNICIPAL CODE
R E C I T A L S
WHEREAS, the City of Cypress ("City") is a California charter city with plenary authority over all “municipal affairs,” and the broad “police powers” vested by California's Constitution, pursuant to which it may make and enforce laws necessary to protect and preserve the health, safety, and welfare of residents; and WHEREAS, consistent with that authority and the City's police powers set forth under the California Constitution Article XI, Section 7 and Health & Safety Code § 12541, the City has authority to prohibit the sale, distribution and discharge of fireworks within the City; and
WHEREAS, Chapter 17 (Offenses) and Section 17-52 (firework; sale, distribution, and discharge thereof prohibited) of the Cypress Municipal Code ("CMC"), prohibits the sale, distribution, and discharge of fireworks within the City.
WHEREAS, the Council of the City of Cypress ("City Council") finds it necessary and appropriate to amend Sections 17-53 and 17-54 of Chapter 17 to correct errors in the same. These two sections reference fireworks but fail to apply the same to Section 17-52 and, instead, refer to Section 17-51. These errors require correction to Chapter 17 of the CMC to protect and preserve the public peace, health, and safety of the community.
O R D I N A N C E
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The facts set forth in the Recitals are true and correct, and incorporated into this Ordinance as substantive findings. 2 SECTION 2. Section 17-53 ("Penalty for Violation") is hereby amended to read in its entirety as follows (deleted text in strikethrough; new text in bold italics):
Ҥ 17-53 Penalty for violation of section 17-51 17-52.
Any person, firm, partnership, or corporation violating any provision of section 17-51 17-52 shall be deemed guilty of a misdemeanor and shall be subject to the penalties set forth in section 1-7(a) and (b) of this Code. Each such person, or persons, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every firework discharged, for each and every firework sold, and for each and every day or portion thereof during which any violation of section 17-51 17-52 is committed, continued or permitted by such person, persons, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in section 1-7(a) and (b) of this Code”
SECTION 3. Section 17-54 ("Civil Remedies") is hereby amended to read in its entirety as follows (deleted text in strikethrough; new text in bold italics)::
“17-54 Civil remedies available re section 17-51 17-52.
The violation of any of the provisions of section 17-51 17-52 shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for abatement of nuisances.”
SECTION 4. CEQA. Adoption of this Ordinance is not a project within the meaning of Section 15378 of the CEQA Guidelines in that it (a) is an ordinance of general policy and procedure and does not constitute a project within the meaning of CEQA and (b) has no potential for resulting in either a direct or a reasonably foreseeable indirect physical change in the environment.
SECTION 5. Severability. The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect.
SECTION 6. This Ordinance shall take effect 30 days after its passage and adoption pursuant to Government Code § 36937.
SECTION 7. The City Clerk shall certify to the passage of the Ordinance and shall cause the same to be posted in the manner required by law. 3 PASSED, APPROVED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on this __ day of ____, 2026. ____________________________________
Leo Medrano, Mayor
ATTEST:
_______________________________________
Lisa A. Berglund, CMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, LISA BERGLUND, City Clerk of the City of Cypress, DO HEREBY CERTIFY THAT THE FOREGOING Ordinance was duly adopted by said City Council at a regular meeting held on the ___ day of ____, 2026, by the following electronic vote:
AYES: COUNCIL MEMBERS: Chang, Burke, Medrano, Peat, Strong Carnahan NOES: COUNCIL MEMBERS:
______________________________________
Lisa A. Berglund, CMC, City Clerk
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 13.
FROM: Nick Mangkalakiri, Director of Public Works
DATE: 07/14/2026
SUBJECT: Solid Waste Franchise Agreement Performance Review and Amendment
RECOMMENDATION
1. Receive and file the Solid Waste Franchise Agreement Performance Review; and
2. Approve the Fifth Amendment to the Solid Waste Franchise Agreement between the City of Cypress and Valley Vista Services, Inc.
DISCUSSION
Franchise Compliance Review
Last November, as part of its Strategic Plan objectives, the City Council awarded a contract to CityGreen Consulting (CityGreen) to perform a comprehensive review of the Solid Waste Franchise Agreement (Agreement) between the City of Cypress and Valley Vista Services (VVS). The review covered the period from January 2022 through December 2024 and evaluated compliance with the Agreement in three primary areas: financial performance, compliance programs and waste diversion, and operations. The purpose of the review was to ensure accountability, evaluate the effectiveness of services provided to the community, and identify opportunities for operational or administrative improvements.
The Financial Review evaluated 21 items, including rate calculations, franchise fee payments, billing audits, insurance requirements, and recordkeeping. Nineteen items were found compliant. The report noted VVS’s above-average financial commitment to the franchise, including absorbing one full year of disposal fee increases rather than passing those costs on to Cypress ratepayers.
The Compliance Programs & Waste Diversion Review evaluated 13 items related to State-mandated diversion programs, SB 1383 compliance, organic waste processing capacity, and waste characterization requirements. Twelve items were found to be capacity, and waste characterization requirements. Twelve items were found to be compliant, including several areas receiving “Exceptional” ratings. The report highlighted the Grand Central Recycling facility’s designation as Southern California’s first High Diversion Organic Waste Processing Facility, achieved one year ahead of the franchise agreement schedule.
The Operations Review evaluated 10 items related to customer service, fleet standards, collection performance, public education, and reporting. Nine items were found to be compliant. The report noted VVS’s strong operational performance, including a 99.65% on-time collection rate and a missed pickup rate significantly below industry averages.
Overall, CityGreen evaluated 44 specific compliance items and found 40 items (91%) to be fully compliant, with the four non-compliant findings considered addressable through financial reconciliation, corrective action, or ongoing program improvements. Overall, VVS’s performance was rated as “Good to Very Good” relative to California franchise standards.
Franchise Amendment
The City entered into the Agreement with VVS in 2014 following a competitive public bidding process. The original 10-year term was extended by two years in 2017, and in 2021 the Agreement term was further extended to 2037 to support implementation of State-mandated organics recycling programs and amortize associated startup costs.
Now approximately halfway through the Agreement term and following approval of the Waste Infrastructure System Enterprise (WISE) Agreement with the County of Orange, staff initiated discussions with VVS to update specific terms of the Agreement. These discussions primarily focused on clarifying language and provisions to better align with current operations and the WISE Agreement. VVS also proposed revisiting collection and supplemental services, including bulky item pickups, curbside events, and community cleanup support. Accordingly, the proposed Fifth Amendment includes administrative and operational updates to maintain service levels, improve efficiency, and better reflect current community needs and practices.
Notable updates include:
Description
Current
Agreement
Provisions
Proposed Fifth
Amendment Purpose/Impact
Bulky-Item
Pickups
Up to two items
per year for
single-family
residences and
multi-family
premises.
Up to four pickups
annually for all
residential
customers, with
limits of 10 items
per pickup for
single-family
residences and 4
items per pickup for
multi-family units.
Expands bulky item collection
to four pickups per year for all
residential customers and
extends eligibility to
multi-family units on a per-unit
basis. Improves access to
disposal services, supports
proper waste management,
and may help reduce illegal
dumping.
Curbside
Collection
Events
None. Was
offered during
the pandemic
and has been
offered
annually as a
courtesy.
Two curbside
collection events
per calendar year.
Residents may
place unlimited
amounts for
collection.
Increases citywide curbside
collection events from one to
two per year to better meet
high community demand and
memorializes a service that
was previously provided as a
courtesy and not required
under the Agreement.
Household
Hazardous
Waste
Events
Two household
hazardous
waste events
per year.
One household
hazardous waste
event per year.
Reduces City HHW events
from two to one per year due
to operational inefficiencies
and long wait times, while
maintaining resident access to
County HHW facilities with
unlimited free drop-off service.
Reallocates service value to
additional bulky item pickups
with no cost impact.
Local Office Requires VVS
to have a local
office in
Cypress.
Requires VVS to
have a local office
within 15 miles of
Cypress.
Revises the local office
requirement to reflect reduced
in-person demand due to
online and phone service
options, while maintaining
reasonable local accessibility.
Disposal Fee References the
Waste Disposal
Agreement.
References the
Waste
Infrastructure
System Enterprise
(WISE) Agreement.
Updates agreement language
to reference the recently
adopted WISE Agreement with
the County of Orange in place
of the prior Waste Disposal
Agreement.
Bulky Item
Collection
Events
Provides for
two collection
events.
Provides for up to
four collection
events.
Expands collection events to
four for resident disposal of
bulky items. Combined with
curbside events and on-call
pickups, this enhances
disposal opportunities and
helps reduce illegal dumping.
Residential
Cart
Cleaning
None. Authorizes
customers to
request bin cleaning
services for a fixed
fee.
Provides residents with an
optional, on-demand bin
cleaning service not previously
available, improving customer
service without affecting
existing rates.
BUDGET IMPACT
There are no fiscal impacts associated with receiving and filing the Performance There are no fiscal impacts associated with receiving and filing the Performance Review or the proposed Amendment. However, the review identified $11,611.91 in fees that were not charged, collected, and remitted by VVS to the City. To resolve this finding, VVS will remit $11,611.91 to the City for the compliance and monitoring fee.
LEGAL REVIEW
The City Attorney has reviewed this staff report and approved the amendment as to form.
APPROVED BY: Shannon DeLong, City Manager
Attachments
Solid Waste Performance Review Report
Proposed Amendment No. 5
Waste Hauler Franchise Performance Review
of
Valley Vista Services
Performed by
CityGreen Consulting, LLC
30181 Outpost Road
San Juan Capistrano, CA 92675
May 2026
Prepared for
City of Cypress
Attn: Nick Mangkalakiri
Public Works Director
5275 Orange Avenue
Cypress, CA 90630
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 2 Table of Contents
Executive Summary......................................................................................................................... 3 Section 1 – Franchise Agreement Compliance Review ................................................................ 7 Section 2 – Financial Review......................................................................................................... 8 Section 3 – Compliance Programs & Waste Diversion............................................................... 30 Section 4 – Operations Review ................................................................................................... 39 Section 5 – Findings & Recommendations ................................................................................. 49 Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 3 Executive Summary
Our review process began in February and concluded in May with the submission of our final draft report for City review and finalization. Section 10.1 and 10.2 of the Agreement requires Valley Vista Services (VVS) to compile and maintain accurate, detailed records that provide complete financial and operational information. We can herein confirm their compliance in that regard and find them to be using systems and software that effectively execute these required activities. Throughout the process we found VVS to be cooperative and helpful, both in their production of requested records and in their availability for numerous virtual and in-person meetings. Without exception they were available to review the items provided in response to our initial requests for records, and generated additional data to help us conclude this compliance review.
This report organizes our review into compliance categories, which include: 1) Financial, 2) Compliance Programs & Waste Diversion, and 3) Operations. CityGreen Consulting reviewed 44 specific franchise compliance items across three categories over the period January 2022 through December 2024. The table below summarizes compliance and performance ratings by review category:
SUMMARY OF COMPLIANCE AND PERFORMANCE RATINGS
Review Category Items
Reviewed Compliant Non- Compliant Overall Rating
Financial Review 21 19 2 Above Average
Compliance Programs &
Waste Diversion 13 12 1 Exceptional
Operations Review 10 9 1 Above Average
TOTAL 44 40 4 Good to Very Good
Of the 44 items reviewed, 40 (91%) were found to be fully Compliant.
The four Non-Compliant findings are summarized below, each of which is either curable through payment or remediation, or was substantially corrected during the review period:
SUMMARY OF NON-COMPLIANT FINDINGS
# Item Finding Category
1 Universal Waste
Recordkeeping (Sec. 4.06.2)
Collections were performed but no records maintained to substantiate compliance. VVS immediately instituted a
collection log upon notification and agreed to include
universal waste data in annual reports going forward.
Financial
2 City Compliance &
Monitoring Fee – 1.5% (Sec.
9.04)
$11,611.91 in under-billed fees identified over the 3-year review period ($4,944 in 2022; $5,390 in 2023; $1,278 in 2024). Under-billing declined each year. City is entitled to Financial
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 4
SUMMARY OF NON-COMPLIANT FINDINGS
# Item Finding Category
audit cost reimbursement and a 10% annual penalty per Sec.
8.09. 3
C&D Diversion Rate (Sec.
5.09)
VVS achieved 73.6–74.1% diversion in each year, just below the franchise-required 75% minimum. Diversion exceeds the State’s 65% standard. VVS should work with Grand Central Recycling to close the gap.
Compliance
4 NPDES / Stormwater
Pollution Prevention (Sec.
6.08.9)
Two prohibited discharge incidents in 2023 occurred without a Stormwater Pollution Prevention Plan or formal staff
training in place. VVS subsequently developed and
implemented a SWPPP, confirmed with OC Sanitation. No
further incidents occurred.
Operations
Financial Review Area
The Financial Review covered 21 items, including rate calculations, required payments to the City, billing audits, insurance, and recordkeeping. Nineteen of 21 items were found to be Compliant. VVS demonstrated an above-average financial commitment to the franchise, most notably by consistently absorbing one full year of disposal fee increases rather than passing them through to Cypress ratepayers — an accommodation not seen in comparable franchise agreements and one that reduced ratepayer costs by approximately $300,000 per year.
Our review of VVS internal financial records established Earnings Before Interest, Taxes, Depreciation, and Amortization (EBITDA) of approximately 17–19% during the review period, modestly below the California industry benchmark of 20–30%. When adjusted for the disposal fee revenue shortfall described above, their effective EBITDA rises to approximately 22%. CityGreen considers VVS financially capable of sustaining all required operations and Agreement compliance for the remainder of the franchise term.
Compliance Programs & Waste Diversion Review Area
The Compliance Review covered 13 items, including State-mandated diversion programs, SB 1383 compliance, organic waste capacity, and waste characterization. Twelve of 13 items were Compliant, with three earning an Exceptional rating — the highest in our review framework. VVS’s most significant competitive advantage for the City is the Grand Central Recycling facility, which achieved Southern California’s first High Diversion Organic Waste Processing Facility designation, one year ahead of the Agreement schedule.
The table below shows VVS commercial route processing and diversion performance across the review period. The 83% average rate of commercial waste sent to processing (rather than direct-hauled to landfill) is exceptional by California industry standards:
Year Total Commercial
Collections (tons) % Sent to Processing Tons Diverted from Processing Processing Diversion
Rate
CY 2022 20,026 67.8% 5,437 40.0%
CY 2023 19,823 90.1% 6,676 37.4%
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 5 Year Total Commercial
Collections (tons) % Sent to Processing Tons Diverted from Processing Processing Diversion
Rate
CY 2024 19,131 90.7% 9,059 52.2%
Review
Period 58,981 82.7% 21,172 43.4%
Construction and demolition diversion was the one Non-Compliant finding in this category. VVS achieved
73.6–74.1% diversion in each year, just below the 75% franchise requirement, though well above the State’s 65% standard:
Year C&D Tons
Collected Tons Disposed Tons Diverted Achieved Diversion Required
(Agreement)
CY 2022 2,348 608 1,740 74.1% 75.0%
CY 2023 3,682 962 2,720 73.9% 75.0%
CY 2024 2,892 764 2,128 73.6% 75.0%
SB 1383 and AB 939 collection program compliance by customer type is shown below. VVS reached and reported what they believed was 100% compliance across all residential and commercial business accounts in 2023. However, our review determined five multi-family properties listed with waivers, were in error. VVS immediately provided recycling containers to all five accounts, bringing them into compliance. The City was confirmed compliant with CalRecycle’s 50% diversion mandate in each year of the review period:
Year Customer Type Customers SB 1383
Compliant % Compliant AB 939 Compliant (50% Diversion)
2022 Residential 12,666 12,666 100% Yes
Commercial
Business 416 383 92.1% Yes
Multi-Family 131 121 92.4% Yes
2023 Residential 12,666 12,666 100% Yes
Commercial
Business 416 416 100% Yes
Multi-Family 131 126 96.2% Yes
2024 Residential 12,666 12,666 100% Yes
Commercial
Business 416 416 100% Yes
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 6 Year Customer Type Customers SB 1383
Compliant % Compliant AB 939 Compliant (50% Diversion)
Multi-Family 131 126 96.2% Yes
Operations Review Area
The Operations Review covered 10 items including customer service, fleet standards, collection performance, public education, and reporting. Nine of 10 items were Compliant. VVS’s collection metrics are a standout result of this review: a 99.65% on-time collection rate and a missed pick-up rate of 0.0227% — approximately half the industry average of 0.05% — place VVS among the top performers reviewed by this firm across multiple states.
The table below summarizes customer service call center performance across the review period. Out of approximately 2,000,000 container collections per year, the 454 missed pick-ups recorded in 2024 represent a rate considered excellent by any industry standard:
Year Total Calls Missed Pick-ups % of Calls Other
Complaints
Total Complaints
% of Calls
CY 2022 N/A 816 N/A 52 868 / N/A
CY 2023 7,432 586 7.9% 30 616 / 8.3%
CY 2024 6,143 454 7.4% 38 492 / 8.0%
The California Highway Patrol assessment placed VVS vehicle maintenance in the top 10% of the industry, with no drug or alcohol violations and an insurance modification factor of 0.99% (industry standard:
1.00%). Fleet condition, container standards, and quarterly reporting were all rated Above Average. The one Non-Compliant finding — the absence of a Stormwater Pollution Prevention Plan prior to two discharge incidents in 2023 — was remediated during the review period, with no further incidents recorded.
Overall Assessment
CityGreen Consulting rates VVS’s overall performance as Good to Very Good relative to California franchise standards. The four non-compliant findings are addressable: one requires financial resolution (1.5% fee remittance), one requires ongoing diversion improvement (C&D), and the other two were resolved through corrective action.
The 11 Recommendations presented in Section 5 of this report provide a roadmap for the City to obtain full resolution and to strengthen monitoring practices for the remainder of the franchise term.
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 7 Section 1 – Franchise Agreement Compliance Review
The City of Cypress (City) entered into an exclusive solid-waste franchise agreement (Agreement) with Valley Vista Services of Orange County (VVS) on the 22nd of September 2014. Through that franchise agreement, and four (4) subsequent amendments, the City established various standards and requirements which are to be reviewed for compliance periodically. As stated in Section 10 of the Agreement, VVS is to maintain records related to its performance necessary to allow the City to determine their compliance. Amendment 2 added the stipulation that the City can independently audit and reconcile payments due from VVS. It was further established that VVS would be responsible for audit costs if underpayments were greater than 0.5%.
Our review of the City’s Agreement and various amendments helped us established a preliminary list of Agreement items for review, which were provided to VVS in late January 2026. All requested items were reviewed, and virtual and onsite meetings were held to discuss our process, and discuss documentation required.
From that point we developed a spreadsheet containing all specific Agreement items incorporated and presented them in our three (3) review categories, which was then shared with VVS to ensure a complete production of records.
The three (3) categories of review are listed below, along with the number of Agreement compliance items allocated to each:
Financial: 21 specific areas of review related to required payments, free service provision, rates/review process and accuracy, financial reporting, the provision of bonds and insurance coverages, and other Agreement sections that provide economic value or impact.
Compliance Programs & Waste Diversion: 13 areas of review related to State mandated waste diversion programs, related regulatory compliance support measures, disposal and waste processing performance (including diversion measurements and compliance metrics, waste capacity guarantees and new facility development), and regulated education and outreach to achieve collection/diversion program requirements.
Operational Compliance: 10 areas of review, with most containing multiple Agreement sections related to the general provision of service, best management practices in service delivery, vehicle and equipment standards, customer service, and additional Agreement compliance areas that do not apply to other categories.
We then reviewed compliance with each Agreement requirement selected for review, compiling our findings within the three (3) review categories presented in the following sections of this report.
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 8 Section 2 – Financial Review
Through onsite reviews, virtual meetings and various phone and email communications, we reviewed the systems and practices employed by VVS, that fell under our Financial Review area, and found 19 of 21 to meet or exceed industry standards. Overall, their system capabilities, as well as management and staff efforts to assist in this area of review were excellent and show a high level of commitment to the City of Cypress. Provided below is detail on each financial review item. 1) Rate Adjustment Process
Sec. 2.9 (2nd Amend.) & 9.02 (4th Amend.)
Franchise rate adjustment process. A new exhibit table, for use in adjusting rates was adopted in the 2nd Amendment to the Agreement. We see this as a necessary administrative exercise which accompanied increased residential rates and commercial rates, to address new requirements upon VVS to meet Statemandated recycling and organic waste recycling mandates. The 2nd Amendment did not change the underlying rate adjustment methodology nor the referenced indexes or component allocations, established in the original Agreement. However, the 4th Amendment ultimately changed the rate adjustment methodology in Section 9.02 as follows:
Residential Rates:
Rate component allocation for Residential collection changed from 75% of the total rate down to 46%, keeping the same CPI table and increase cap (3.5% = 85% of any CPI increase).
Rate component for Residential disposal increased to 37% from the 20% level used previously.
Increase is still based upon Orange County landfill rate, per the disposal agreement between the City and County.
Rate component for Residential green waste increased to 17% from 5%. This component also changed to the CPI basis used for the collection component. However, a 5% increase is allowable before use of the 85% limiting factor. Use of the Grand Central facility gate rate was eliminated.
Commercial and Roll-Off Service rates kept the same component allocations and schedules.
We reviewed rate adjustment requests during the review period and performed our own allocations, to determine if they were accurate, as shown below:
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 9 Reading left to right in the table above, for the service component of rates we establish the percentage increase above 3.5% (3.90% in this case) and then apply the 85% factor to arrive at the allowable 3.315% (rounded to 3.32 above), which is then added to 3.5% to determine the percentage increase our “review” calculated as accurate (3.5% + 3.315% = 6.815%). The 6.81% “used” for this component increase in July 2022 was rounded down, thus requested percentage increase did not exceed the amounts authorized by the Agreement.
As shown for the disposal component of rates, the percentage increase used the previous years’ percentage adjustment (1.18%). We confirmed that VVS decided to have their disposal adjustments lag the County of Orange increase by one-year, since the Agreement required their rate adjustment proposal be submitted before the County published their new landfill rates. This is an accommodation we do not see other haulers provide as it requires VVS to pay more at the landfill each year, than their rate revenue provides. In this case $2.25 per-ton more (actual July 2022 rate was $38.34).
Finally, for residential green waste the full CPI amount was used, which is allowable.
For both 2022 and 2023 increases, our review of percentage increases and rate component allocations and found the residential, commercial, and roll-off service increase percentages requested and granted were accurate, with disposal cost reimbursements lagging by one year, thus providing a significant cost reduction to ratepayers. The tables shown our full review exercise for the CY 2024 increase:
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 10 Review Determination: Compliant Increase percentages and their application were accurate.
Rating – Above Average. Our review showed the proper percentage increase calculations were used, with slight differences ($0.01) attributable to rounding. As discussed, VVS must submit rate adjustments to the City by March 15 each year. Thus, they chose to take less of an increase than the actual impact of July 1st landfill rate increases warranted in each year of our review period. For example, on July 1, 2024, the Orange County landfill rate increased to $42.65. The $41.31 figure VVS used for the 2024 rate adjustment was the landfill rate for the July 1, 2023, through June 30th 2024, period. We are not aware of another hauler who make this accommodation.
2) Free Service at City Facilities
Sec. 4.02.4 – Original Agreement
This Agreement item requires no charge for collections at all city facilities, including parks, sidewalks, and bus stops. We reviewed electronic records from VVS’ accounting system and reports from scale house activity and confirmed the following city facilities are in the VVS accounting system and were not charged in any manner for service:
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 11 Additional facilities and bus stop services are not listed in their accounting system. However, they are included in route sheets and provided no cost weekly service at the locations and schedule discussed under Section 4.08.3 below. In combination with the list above, VVS is compliant with the free service provisions of the Agreement.
Review Determination: Compliant
Rating: Above average. Bus stop, Cypress College, and abandoned item sweeps make for an above average amount of no-cost service to benefit the City.
3) Multi-Family Recycling Carts
Sec. 4.03.4 – Original Agreement
This Agreement item requires VVS to provide one 96-gallon cart for the collection of recyclables to MultiFamily Premises at no additional charge. It further requires, at minimum, one recycling cart per MultiFamily Premises and requires one such cart be provided for every 9 cubic-yards of weekly trash service.
We reviewed containers-in-service and accounting records covering all multi-family properties to determine if free recycling carts were provided and to confirm if the required number of recycling containers provided matched the level of service factor established by the Agreement. Our review established the following data for multi-family properties (including those listed as HOAs) in the VVS accounting system:
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 12 Recycle Cart Data at MultiFamily Properties Free Recycle Cart No-Cost Mixed Processing
Discounted
Recycle Bin
Non-Compliant
(Under Review)
Total Properties Identified:
131 10 106 10 5
% of Total Properties 7.6% 81.0% 7.6% 3.8%
As shown above, most multi-family properties opted for the convenience of mixed waste processing, which is now SB 1383 compliant due to the High Diversion Organic Waste Processing Facility designation achieved by Grand Central Recycling used by VVS (first such designation in Southern California). There is no charge for mixed waste processing above the standard trash rate. This is effectively meeting the free recycling provision as there is no extra charge for this dual-purpose cart.
Currently only 10 multi-family properties are receiving and using a free recycling cart. We also found 10 accounts that utilize a larger container (3-cubic-yards vs. 96-gallons) for their recycling program. In each instance VVS is providing a discount to franchise pricing, for these containers, that credits the 96-gallon recycle-cart rate. This is materially complying with 4.03.4 in the reviewer’s opinion.
We found five (5) of the 131 multi-family accounts that were potentially out-of-compliance. VVS investigated these locations and in April provided free 96-gallon recycle carts to each location.
We found VVS to be compliant with regards to the adequacy of recycling, providing more than the required 96-gallons of recycling capacity for every 9-cubic-yards of trash service metric.
Review Determination: Compliant
Rating – Exceptional. In addition to free recycling for multi-family residents VVS is the only firm in Southern California that is legally able to provide the convenience of a 2-container program to multifamily residents. 106 of 131 multi-family properties (81%) are benefitting from 2-container service.
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 13 4) Holiday Tree & Bulky Item Collections
Sec. 4.04.3 (Original) & 4.05.1 (2nd Amend.)
Free collection of Holiday Trees (12/26 thru 3rd Saturday in January) and two (2) bulky items per-year are required.
The schedule for Holiday Tree collections was advertised in the fall/winter residential newsletter each year, with 2022 (12/26/2022 thru 1/14/2023), 2023 (12/26/2023 thru 1/6/2024) and 2024 (12/26/2024 thru 1/18/2025) collections occurring. While VVS did comply with the tree size and collection of Holiday Trees requirement, the full timeframe required for those collections (through the third Saturday of January) was only met in 2024 (see newsletter article on right).
In 2022/23 collections ended on the second Saturday (1/14/2023) and in 2023/24 they ended on the first Saturday (1/6/2024) of January. However, the same closing paragraph was included each year, so collections of trees (in the organics cart) was offered after the advertised collection period, thus collection was provided through the required period each year.
The Second Amendment to the Agreement reduced the number of free bulky items residents can have collected by VVS, at no charge, to two (not including free bulky items collected during designated “cleanup” collection days). These two (2) items can be collected either on one day or spread out over two separate days.
We reviewed work order records for each calendar year and selected calendar year 2022 for a detailed review of all 4,510 work orders for bulky item collections, and to examine who received the $11,976.53 in charges shown. This review of individual customer records confirmed that charges were exclusively levied at commercial properties (e.g. Cadigan Peppertree LLC – 9091 Holder Street – 61 bulky items), properties that had gone over the two-item limit (e.g. Cypress Mobile Home Park – 4861 Lincoln Avenue – 3 items), and 2 instances of scheduled items not being placed out for collection on multiple occasions.
We chose calendar year 2022 for our item-by-item review as it contained the highest level of charges in the records provided (calendar year 2023 had 4,077 work orders with only $2,502.24 in charges), and calendar year 2024 records were provided in Excel format without charge information.
Review Determination: Compliant We believe a reasonable level of compliance was achieved for Holiday Tree Collections. Furthermore, VVS has committed to keeping the 3-week “loose tree” collections they provided in the winter of 2024/25 in place. With regards to free bulky item collections for residential customers, VVS met this requirement in the sample period we reviewed (CY 2022).
However, this type of deep dive into thousands of records cannot easily be performed. Our separate review of “chargeable” bulky item collections did find 40 of 80 accounts listed as residential service recipients in 2024. Going forward, we recommend that VVS be required to produce a bulky item collection report for all residential accounts (remove commercial records) and substantiate that 2 items were collected at no charge for any residential account that were charged for bulky item Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 14 collection. This report should be included in the annual report provided to the City each year on VVS’ franchise activities.
Rating – Industry Standard. Area franchise agreements typically provide at least two collections per-year of two bulky items each (4 total), so we consider the Cypress Agreement substandard in this regard.
However, VVS is meeting all Agreement terms and instituted multiple free bulky item collection days, as a replacement for the one-day drop-off event, so overall they are meeting industry standard. 5) Household Hazardous Waste (HHW) Events
Sec. 4.06.1 – Original Agreement
VVS is required to provide two HHW collection events per-year at no charge. This requirement was not met in 2022 due to permitting difficulties (see paragraph below). In 2023, HHW events occurred on October 21st and December 2nd. In 2024 the second event (first event was in December) did not occur until January 11, 2025, due to City scheduling conflicts.
In 2022 VVS was unable to obtain the necessary permits required to hold HHW Events. VVS performed extra city-wide curbside bulky item collection event that year as a negotiated offset with City staff. This city-wide curbside bulky item collection event has continued on an annual basis since 2022.
Review Determination: Compliant Mitigation measures provided additional benefits to compensate for permitting difficulties that were unrelated to VVS. Full compliance in the other two years.
Rating – Above Average. The number of HHW events (2) and VVS agreeing to continue providing a citywide curbside bulky item collection event going forward warrants an above average grade. 6) Universal Waste Collection
Sec. 4.06.2 – Original Agreement
VVS is required to provide weekly Universal Waste collection from commercial premises and City facilities.
VVS provides on-call collections of Universal Waste from the City and states they perform commercial Universal Waste collections if their customers leave the items adjacent to their collection containers on their service days. Since these collections are not work-order based, VVS could provide no records to substantiate their compliance.
Review Determination: Non-Compliant VVS did not keep records to substantiate their compliance with Agreement terms. However, customer service call records show VVS did perform Universal Waste collections. Upon being advised of this deficiency, VVS immediately instituted a collection log procedure and agreed to report the customers served and the number and type of items collected as part of their annual report to the City going forward.
Rating – Above Average. This type of required collection is not typical. In addition, VVS’s immediate response to cure the record keeping deficiency was superior.
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 15 7) SHARPs Medical Waste Collection
Sec. 4.07 – Original Agreement
VVS is required to provide free SHARPs (medical needles) collection to single and multi-family residential customers. In 2022 VVS fulfilled 166 resident requests for free SHARPs containers with postage pre-paid to the facility that accepts and safely processes this medical waste. In 2023 (85) and 2024 (92) resident requests were received, and all were fulfilled.
Review Determination: Compliant
Rating – Industry Standard.
8) Community Event Support
Sec. 4.08 – Original Agreement
VVS is required to provide free waste/recycling collection service and provide a community education booth at six (6) named events and two (2) additional events, as designated by the City, each year. We reviewed records provided and confirmed the following:
In 2022, the eight (8) events listed in VVS records included the Cypress Community Festival, two (2) Organics Workshops, the Christmas Sing Event, the Spring Egg Hunt, the Cypress 5K Run, the 4th of July event, and the Cypress Annual Clean-up, with five (5) collection days occurring in September and October.
In 2023, only seven (7) events were attended as only one additional event was requested by the City.
These included the Cypress Community Festival, two (2) HHW collection events, the Spring Egg Hunt, the 5K Run, the Salute to America on the 4th of July, and the Annual Clean-up event. The Annual Clean-up included three (3) collection days, all in November.
In 2024 VVS nine (9) events were technically attended (HHW event was delayed due to City scheduling conflicts). These events included the Community Festival, 5K Run, National Night Out, Library Reading Event, Annual Clean-up, two (2) HHW events, Easter Egg Hunt, and the Salute to America on July 4th.
VVS is an event sponsor for the Community Festival, the Cypress 5K Run, and the 4th of July Event. VVS also provides additional support to the National Night Out (gift basket and displays mini-truck), Cypress Egg Hunt (candy and promotional items), and Library Reading Event (participated in educational programming, reads recycling-themed books, provides promo items, and brings their mini truck).
VVS staffs an outreach/event booth at every event but the Library Reading Event, where they are active participants.
VVS provides fencing, portable restrooms, hand wash stations, and hot water cooking stations (OC Health Department approved) at the Community Festival. VVS also provides free waste and recycling services for every event.
Review Determination: Compliant VVS is a good event partner to the City, providing financial support and additional items that go above and beyond Agreement requirements.
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 16 Rating – Above Average. While all franchises require this type of support, VVS financial support and employee involvement is better than average in exceeding Agreement requirements. 9) Financial Support – Community Festival
Sec. 4.08.2 – Original Agreement
Financial support for City-sponsored events, detailed as 30 portable toilets, five (5) hand-wash stations, and 2,100 linear feet 6’ high temporary fencing. Our review of records shows this level of financial support is provided for the Cypress Community Festival each year, with the addition of hot water cooking stations.
These items and services are provided by Diamond Services and paid for by VVS.
Review Determination: Compliant
Rating – Industry Standard.
10) Bus Stops, Sidewalks & Citywide Disposal Events
Sec. 4.08.3, 4.08.4, 4.08.5 – Original Agreement
The Agreement requires VVS to provide free bus stop and sidewalk container service and plastic container liners, two free Citywide disposal events, and free removal of bulky abandoned items at designated areas of the City.
With regards to free services at bus stops, this information is included in routing documents and no master account or specific accounts for these locations is in the VVS accounting system. This is also true for service to City parks where collections at individual receptacles (not hauler collection containers) occur. VVS states this is because that type of park service is on the same route as the bus stop service and individual receptacles owned by the City at other locations. All 22 parks, 27 bus stops, and 12 city-owned containers are collected at least twice per-week, with collections occurring Monday through Friday weekly.
The following table shows all sites receiving this free service:
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 17 Our review of records found the alley south of Lime Avenue (E & W of Valley View), the alley east of Walker (from Denny Ave. to St. Anne Ave.), and Sumner Place (from Merten Ave to Crescent Ave.) are all listed as abandoned bulky item accounts which are visited daily and also provided on-call service when notified by the City. All service provided is at no-charge.
During the Covid pandemic the City Disposal Events were replaced by citywide free curbside bulky item collections. Due to the popularity of this free curbside service, the current Cypress Clean-up Days were all transitioned to curbside collections in 2022, 2023 and 2024. As discussed in our review of Section 4.08.4 above, due to HHW event permitted difficulties, VVS agreed to provide a city-wide curbside bulky item collection event that year (held in October on three separate days) and has continued to provide this service on an annual basis since 2022.
Review Determination: Compliant
Rating – Above Average. Designated area sweeps, daily abandoned item collections, and hand-stop service to containers are not a typical franchise requirement. 11) Customer Rate Increase Notifications
Sec. 6.01.1 – 3rd Amendment
60-days prior to each rate adjustment VVS is required to provide notice to each customer. Shown below are the notices VVS sent to customers during the review period.
For the 2022 rate adjustment notice, VVS used their Summer newsletter (excerpt shown).
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 18 A specific rate increase notice was provided to customers in both 2023 and 2024 to inform ratepayers of upcoming adjustments.
Our review confirmed the holiday collection schedule, and detail on recycling programs was provided through quarterly newsletters. The summary of required and optional services was also provided on the rate increase notice in both 2023 and 2024, as shown above.
Review Determination: Compliant
Rating – Industry Standard.
12) Billing Cost Reimbursement & Franchise Fees
Sec. 6.01.1, 8.02, 8.03, 8.04
The Agreement requires VVS to reimburse the City for residential service billing costs (6.01 & 8.03) and pay a franchise fee (8.02). This process is handled by Golden State Water in cooperation with the City Finance Department, with Golden State Water providing residential service billings to these accounts and the City Finance Department deducting required VVS fees before making payments to VVS. This process ensures VVS compliance.
We examined City records for each year and confirmed that residential billings were split in the period covering January 2022 through November 2022, so residential customers were billed every other month.
As shown in the table below, starting in December 2022 (highlighted in yellow) the City began billing customers monthly.
Billing Cost Deductions
from City Payments to
VVS
Units Billed (monthly) Billing Rate (per unit) Annual Total CY 2022 6,333 (Jan–Nov) / 12,666
(Dec) $0.42–$0.43 $35,021.49
CY 2023 12,666 $0.43–$0.45 $66,876.48
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 19 Billing Cost Deductions
from City Payments to
VVS
Units Billed (monthly) Billing Rate (per unit) Annual Total CY 2024 12,666 $0.43–$0.47 $68,396.40
3-Year Total $170,294.37
In calendar years 2023 and 2024 monthly billing of all 12,666 customers continued. Every July, as prescribed, billing costs were adjusted by CPI. In each year (2022 through 2024) City billing costs were withheld from VVS payments, thus full reimbursement occurred.
The City’s transition to monthly billing did result in additional cost deductions to VVS payments. However, this change in billing frequency was done by Golden State Water, thus under the Agreement, the City was entitled to this additional deduction from VVS payments.
Review Determination: Compliant
Rating – Above Average. While allowable (undefined frequency of billing in Agreement), this change was an impact to VVS revenue.
13) Commercial & Multi-Family Billing Audits
Sec. 6.01.1 – Original Agreement
Section 6.01.1 requires VVS to conduct three (3) billing audits, for their recurring Multi-Family and Commercial Business customers, over the first 9-years of the franchise agreement. VVS was found to have incorporated the billing audit process into their standard operating procedures monthly.
The first step of their monthly process consists of an internal and running review of commercial rates for each year of the Agreement. VVS provided the audit document that covered the first nine-years of the Agreement (2015 through 2023). This showed that the VVS accounting system incorporated Cityapproved commercial rates for each period.
The second part of the process, which VVS also utilizes on an ongoing basis, is to apply a price comparison step to all recurring commercial billings to confirm bills produced match current rates.
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 20 Any service billed amount that does not match the approved rate is then flagged for investigation to determine if the rate variance is acceptable. For example, a customer may be receiving a discounted rate, which is permissible since the Agreement only establishes the maximum rate for each service, container size, and frequency of collection. Any charges above allowable amounts (if found) are then changed to the approved rate level. Per VVS the report and process utilized are overwritten each billing period so supporting documentation is not available for the audit period. As an alternative we went through their monthly process as part of this review. The screen captures below shows a portion of the report generated by the “VVS Price Comparison” tool in Tower system and sample of actual pricing discrepancies identified are shown below:
As verified by reviewing all 48 charges that were captured (partially shown above), all rate differences were discounts below the maximum rates, therefore permissible. Our review found that the process employed effectively audits VVS billings monthly.
Review Determination: Compliant
Rating – Above Average. VVS performs billing audits monthly, which is above average and significantly exceeds the Agreement’s requirements.
14) City Compliance & Monitoring Fee (1.5%)
Sec. 9.04 – 4th Amendment
VVS must charge, collect, and remit a City Compliance and Monitoring Fee equal to 1.5% of the total service charge for each customer, and remit this fee payment to the City on a quarterly basis.
The Compliance Monitoring Fee established in the Fourth Amendment provides funding to the City to address increased monitoring responsibilities promulgated by SB 1383 regulations (an unfunded mandate upon the City). This fee is a separate line-item charge that VVS is required to bill and collect from all customers they are responsible for billing.
VVS began placing this charge on invoices, so that it became effective in the 2nd Quarter of 2022. This is considered reasonable by the reviewer as the 4th Amendment states in Item 2.7 “Effective Date” that the Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 21 amendment would not become “effective and operative” until after a Proposition 218 Public Hearing confirmed the amendment (and rates therein). The amendment itself was not signed by VVS until March 16, 2022, and they then needed to place these charges on invoices that are billed in advance for the following month’s service. Therefore, April 1, 2022, is considered a reasonable start-date for the billing and collection of this fee.
On an annual basis VVS reports their gross billings and gross receipts to the City as part of their required annual report. However, the reviewer found the presentation of this data falls short of the Financial Reports requirements of Section 10.05.2 (discussed below). Specifically, we believe the reporting of billings in “Commercial”, “Roll-Off”, and “Residential” groupings, while providing receipts data as either “Commercial” or “Residential” does not allow the City to reconcile this data. In addition, the practice of commingling City billings (Residential services billed by GSW), which are not subject to the 1.5% fee (established by 9.04), with billings to residential customers performed by VVS (e.g. temporary clean-up bin) further complicates the process of determining if all fee revenue is being paid by VVS.
To determine if payments to the City for this required fee were accurate, we established both gross billing and Fee billings for each year of the review period, from VVS billing records. Shown below is a summary of this process for Calendar Year 2022:
Reading from left to right we present our audited gross billing figure next to the corresponding period. As shown, VVS did bill this fee in March 2022. We then totaled the “1.5% fee” amount line-item total for the same period and deducted that amount from gross billings to arrive at the “VVS Service Billing” amount.
We then multiplied that remainder figure by 1.5% to arrive at the prescribed billing amount we believe is required by the Agreement.
Section 9.04 requires VVS to charge, collect, and remit a fee that is equal to 1.5% of their total service charge for each customer. Since there is no definition of or listed exclusion from what would constitute a service charge, we believe it should include all amounts invoiced, less the 1.5% line item fee VVS charged.
Thus, we believe our methodology (in table above) accurately establishes the under-billed and thus under-paid amount shown above ($4,944.01 for calendar year 2022).
Shown below is our review for Calendar Year 2023:
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 22 As shown, an under-billing of the 1.5% fee also occurred in 2023, resulting in less than prescribed payments to the City.
In 2024, under-billing of the 1.5% was significantly reduced, but still occurred. Over the 3-year review period we identified $11,611.91 ($4,944.01 + $5,390.17 + $1,277.73) in “1.5% Fee” that were not charged, collected, and remitted by VVS to the City.
Review Determination: Non-Compliant VVS owes the City $11,611.91 in fees to resolve this finding.
In addition, 1.5% fee amounts should be reviewed for calendar year 2025 and 2026 year-to-date to identify any under-billing and payments. VVS billings should then be reconstituted so this fee is 100% of each invoiced charge to a customer.
Rating – Industry Standard. In virtually all our fee payment audits (well over 50 in California, Nevada, Texas, Georgia, and Florida) we find underpayments. The amount of this finding is considered typical. 15) Records Retention Requirements
Sec. 10.02.5 – Original Agreement
Requires VVS to maintain, full, complete, and separate financial, statistical and accounting records, pertaining to cash, billing, and provisions of all collection services. Billing, gross receipts, rebate and disposal records must be maintained and preserved for not less than five (5) years following the close of each of VVS’s fiscal years.
Prior to November 2023, VVS used the Tower system to record billing records. From November 2023 forward they used a Softpak system. Our review process found all financial, statistical, and accounting records were dedicated to the City of Cypress franchise, as prescribed, and that these records exceeded the 5-year retention requirement.
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 23 Review Determination: Compliant
Rating – Industry Standard.
16) Annual Financial Reporting
Sec. 10.05.2
Requires annual financial reporting on prior year’s operations. At minimum, the Financial Report shall include the number of residential and commercial customers provided with collection services, including any additional services, and the collector’s gross billing and amount collected from each type of customer.
We examined the financial reports provided by VVS to the City and herein provide a detailed review of this information as presented in their 2022 annual report. Therein they show the number of residential customers (12,890), the number of commercial business customers (466), and the number multi-family commercial customers (153), as required. They also broke this information out to show the number of customers (both residential and commercial) subscribing to each type of service offering. Finally, they provided a complete list of all customers, service addresses, and service information from their internal record keeping system.
With regards to billing and payment amounts, the “financial review” did provide both gross billing and gross receipts (collections) as prescribed. However, the two presentation tables (see below) do not use the same presentation format and commingle VVS residential billings with billings made by the City through GSW:
While technically this meets the Agreement standard, we believe this report should show billings and receipts that mirror each other. To that end we suggest “ROLLOFF” billing/receipts be from “commercial” when presenting receipts. Secondly, for residential billings/receipts, VVS should segregate amounts they bill to residential customers from the residential billing payments they receive from City billings.
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 24 We believe this would be a cleaner presentation of this financial information. Our audit of CY 2022 financial records found this information can be segregated and reported, as shown below:
Our review of CY 2022 (see below) found originally reported commercial account receipts matched current accounting system records exactly. The slight difference in “residential” receipts, $425 in additional receipts not originally reported, is considered inconsequential (0.017%) as the City does not have fees that are based upon gross receipts.
Our review of CY 2023 and CY 2024 found annual review tables to be compliant.
Our audit of financial records found commercial and residential receipts to have more significant allocations issues in CY 2023 due to the 4th Quarter transition to new system (Softpak). Overall, gross receipts established by our audit ($8,124,695) were 1.98% higher than the $7,966,886 included in the annual report. In CY 2024 both residential and commercial distribution, and the total gross receipts we found ($8,779,553) were closer (1.19%) to the figures used in the annual report. For the three-year period total audited gross receipts ($24,278,120) were $52,132 (0.22%) higher than the reported amount ($24,225,988).
Review Determination: Compliant Required information is reported annually. We believe the discrepancies encountered in gross receipts are partly attributable to extraction of data from two different accounting systems. As mentioned, since there are no gross receipts-based fees in the Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 25 Agreement, we consider this an inconsequential finding that has likely been remedied during the first full year of new accounting system usage.
Rating – Industry Standard.
17) Insurance Coverage & Performance Bond
Sec. 11.01 (Original) & 12.04
Section 11.01 requires maintenance of insurance coverage at required limits and Section 12.04 requires a performance bond in the amount of $1 million be furnished and kept current. We requested and received insurance coverage certificates and confirmed the City of Cypress as the listed certificate holder.
For coverage through February 1, 2023, we confirmed coverage that meets the $10,000,000 combined single limit per occurrence and $20,000,000 umbrella requirement of the Agreement (11.02). We also confirmed Workers’ Compensation coverage at $1,000,000, which meets the Section 11.02 as well.
For all other periods we found coverage amounts to meet requirements, as summarized below:
Insurance coverages have met Agreement requirements throughout the review period.
With regards to the performance bond of $1,000,000 VVS submitted documentation confirming this coverage amount was in place through Bond No, CMS0330350 from the RLI Insurance Company, for the 3-year review period from VVS.
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 26 Review Determination: Compliant
Rating – Industry Standard.
18) Edible Food Recovery Contributions
Sec. 18.03 – 4th Amendment
Requires an annual contribution of $5,000 to a non-profit food recovery organization providing services to aid the City in this mandated SB 1383 program.
VVS provided a 4-color hand-out they provide to edible food generators, listing the edible food recovery organizations they have teamed with. We were provided payment records showing their financial contributions to these organizations during the review period. In calendar year 2022 Check #435087 for $3,700.00 was given to Second Harvest, who provides edible food collection and distribution services throughout Orange County and is part of the national Feeding America organization. For calendar year 2023 (Check #436389 for $6,300.00) and 2024 (Check #436389 for $5,000.00) donations were given to Food Finders. Food Finders is also an edible food collection and distribution organization, based in the neighboring city of Los Alamitos. Both organizations meet the criteria and the total of $15,000 over the 3-year period is also compliant with Section 18.03.
Review Determination: Compliant
Rating – Above Average. Required donations to edible food recovery organizations are becoming more prevalent but is not a typical requirement.
19) SB 1383 Mandatory Procurement Notification
Sec. 18.04 – 4th Amendment
VVS is required to notify and provide the City with documentation if they purchase items that qualify for SB 1383 mandatory procurement credits. During the review period no such purchases were made.
Therefore, they are technically in compliance. Mandatory procurement is a large financial obligation that SB 1383 placed upon the City. We suggest a meeting with VVS to determine if qualifying procurement opportunities can be developed.
Review Determination: Compliant
Rating – Substandard. Most exclusive franchise agreements, that have been updated to include SB 1383 requirements include stipulations for no-cost City-procurement assistance with defined amounts. Most also include discounted cost options for additional procurement credits. 20) Audit Cost Reimbursement & Penalties for Underpayments Sec. 8.04
Section 8.04 requires audit cost reimbursement to be deducted from residential service payments.
Section 8.09 (2nd Amendment) subjects all VVS payments to the city to independent audit, requires reimbursement if a finding greater than 0.5% occurs, and adds a 10% annual rate as a penalty. Our current Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 27 review has an area of findings that exceeds the 0.5% threshold, thus the City is entitled to audit cost reimbursement. In addition, you are entitled to a penalty at a 10% annual rate on the audit finding amount of $11,611.91.
Specifically, our audit of the 1.5% City Compliance and Monitoring Fee payments found an underpayment of $11,611.91 ($4,944.01 + $5,390.17 + $1,277.73) of this fee over the three-year review period. VVS billed and remitted $219,601.11 to the City to cover this required fee revenue, when our audit found $231,213.02 was the actual amount due. Therefore, this underpayment represents an error factor of
5.29%, as shown in detail below:
As discussed under Item 13 above, the City’s decision to change residential billing to monthly for all customers, resulted in $2,723.19 in increased in deductions from VVS residential service revenue in December 2022 and each month thereafter (increased by CPI in July 2023 and July 2024 during the review period and thereafter). The approximate $34,000 per-year increase VVS has absorbed, could be considered to reduce or eliminate the 10% penalty on this finding.
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 28 Review Determination: Compliant. Contingent upon 10% annual penalty at the City-determined amount. VVS has already agreed to reimburse the City for this third-party Performance Review, therefore, the deduction of audit costs is not necessary.
Rating – Industry Standard.
21) Financial Ability to Perform
Unrelated to a specific Agreement item, but a required determination of this audit process, was a review of VVS financial information to the level necessary to establish an opinion on their financial ability to meet all requirements of the Agreement. We performed our review process, establishing gross income, expenses, interest, taxes, depreciation, and amortization amounts for the review period from the internal accounting records of this privately held company. Our goal being to establish a dollar value for Earnings Before Interest, Taxes, Depreciation, and Amortization (EBITDA), as we believe this is the best measurement tool to isolate operational profitability. In addition, the owners of Valley Vista Services also own and control the waste processing and transfer facilities used for City of Cypress franchised waste collections, thus providing an operational cost “buffer” to the hauling company’s financial health.
For the review period, our EBITDA findings are as follows:
Calendar Year Total Revenue EBITDA % of Revenue
2022 $7,871,794 $1,736,093 22.1%
2023 $9,050,940 $1,546,525 17.1%
2024 $9,077,486 $1,574,280 17.3%
3-Year Average $8,666,740 $1,618,966 18.7%
EBITDA range for the California market is generally in the 20%- 30% range, and VVS ran slightly below the bottom range of this benchmark for the review period. However, this is partly due to VVS consistently running one-year behind on passing through County disposal fee increases due to the submission deadline (March 15th) for annual rate increases. With disposal fees averaging 30.30% of total revenue for the review period, VVS received approximately $300,000 per-year less in revenue than the Agreement prescribed. If we add missed revenue as an increase to the average EBITDA, VVS’ level rises to 22.14%.
Given the 45% residential and 55% commercial revenue mix, the actual EBITDA benchmark is 27.4%, due to commercial accounts generating higher margins (30%- 35% EBITDA). Therefore, even with disposal fee pass through expenses catching up, VVS is running at 5% less profitability than considered ideal.
We believe there are other contributing factors, not related to VVS performance, but rather certain Agreement compliance requirements that are above average. Specifically, vehicle age limitations and repainting/refurbishing standards (every 5 years) are more stringent than typical. In addition, the level and type of complimentary services provided are also above average, as noted in our review. In particular, Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 29 free multi-family recycling through mixed waste processing is decreasing revenues while increasing VVS operational expenses.
Overall, we would consider the VVS franchise operation in Cypress to be profitable at a level that can sustain required operations and Agreement compliance throughout the remaining franchise term. Their EBITDA level being at 5% less than the benchmark indicates that net-to-hauler revenue is slightly below average when compared to industry standard.
Review Determination: Compliant VVS operates profitably and is financially capable of sustaining all franchise obligations through the remainder of the agreement term.
Rating – Industry Standard.
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 30 Section 3 – Compliance Programs & Waste Diversion
VVS is required to perform various compliance and waste diversion programs to assist the City in fulfilling State mandates. Herein we review related Agreement sections, reported diversion data and facility usage, as well as take verification steps to confirm the accuracy of reported figures.
The following items summarize our findings for each applicable Agreement section. 1) Commercial A/B Route Processing
Sec. 4.03.4 – Original Agreement
There is an additional provision in this Section, not covered by our Financial Review, for A/B routing (wet waste and dry waste collected separately) for commercial waste. It requires the dry route (Route A) to constitute 30% of refuse collection from commercial accounts, and that this refuse material be transported to Grand Central Recycling and Transfer (Grand Central) for processing. A minimum of 30% of this material is to be diverted from landfill disposal by Grand Central.
During the review period VVS provided mixed waste collection to a number of commercial accounts. Each of these accounts would constitute compliance with Section 4.03.4. In addition, VVS increased the percentage of commercial waste collections that were processed at Grand Central Recycling, also helping to meet 4.03.4 requirements. The table below shows the percentage of commercial collections processed and the diversion rates achieved each year:
Year Total Commercial
Collections (tons)
% Sent to Processing
(vs. Landfill) Tons Diverted Processing Diversion Rate
CY 2022 20,026 67.8% 5,437 40.0%
CY 2023 19,823 90.1% 6,676 37.4%
CY 2024 19,131 90.7% 9,059 52.2%
Review Period 58,981 82.7% avg. 21,172 43.4% avg.
Review Determination: Compliant Nearly 83% of commercial collections were processed and not taken directly to landfill during the review period. This processing percentage increased each year, reaching nearly 91% (with 52% diverted) in calendar year 2024.
Rating – Exceptional. The level of commercial waste processing provided is exceptional when compared to industry standard. Virtually all SB 1383 updated franchise agreements now allow all trash containers to go directly to landfill, which is operationally much cheaper for the hauler. Very few agreements have hauler-specific diversion requirements.
2) Residential & Multi-Family Recycling Programs
Sec. 4.03 – Original Agreement
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 31 Several “Recycling Collection” provisions within the original Agreement, while still operative, have been supplanted by SB 1383 regulations and, in some cases required alternative action by VVS to achieve true compliance. For example, 4.03.1 “residential single-stream recycling”, 4.03.2 “multi-family single stream recycling”, and 4.03.5 “Compliance with AB 341” are now incorporated in SB 1383 program requirements in the new Section 18 of the Agreement. Those new provisions are in Section 18.01 “Collection and Recycling”, which includes the requirement that collection programs are SB 1383 compliant. The compliance progression through the three-year review period, for each of these collection program requirements, is summarized in the table below:
VVS is currently in 100% compliance with all State mandated collection program requirements. By early 2023 their compliance tracking records showed 100% compliance was reached. However, our review of individual multi-family account records found five mistakenly listed as having space constraint waivers (SB 1383 designation which excludes that property from mandatory programs) which were not City approved. VVS investigated these five (5) accounts immediately upon being made aware of this issue and provided all five properties with required recycling containers. They are now in full compliance.
Review Determination: Compliant Record keeping error. Resolved during review.
Rating – Industry Standard. Most jurisdictions struggled to meet full compliance during the review period, with about 20% still having less than 100% compliance in 2026. Many commercial generators have Statecompliant 2-container programs, which is a convenient means of achieving compliance, that is unique to Cypress amongst all Southern California jurisdictions.
3) 50% Waste Diversion Rate Compliance
Sec. 5.05 – Original Agreement
Requires VVS to divert sufficient waste from landfilling to ensure the City’s annual reports to CalRecycle show a greater that 50% diversion rate. For several years before, and during each year of the review period, CalRecycle’s methodology for establishing a 50% diversion rate measurement was a maximum pounds-per-person-per-day formula within the annual report. If the City’s reported landfill disposal for that year was below that pounds-per-person figure, then the State considers you to be exceeding the 50% diversion from landfill requirement.
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 32 VVS diversion, including identified 3rd party recycling, was 72.71% in 2022, 52.50% in 2023, and 59.22% in 2024. The drop in diversion from 2022 is due to third-party recycling reductions, primarily from the Los Alamitos Racetrack. VVS exceeded the 50% diversion rate each year. We reviewed the 2022, 2023, and 2024 annual reports submitted to CalRecycle and list diversion compliance numbers found in the table below:
Review Determination: Compliant For each year of the review period CalRecycle’s AB 939 (50% diversion from landfill) formula found the City of Cypress to be in compliance.
Rating – Above Average. VVS diversion from their own collections (43%) and efforts to quantify an additional 16,491.24 tons of diversion by private recyclers and internal business programs are both above average when compared to industry standard (35% diversion and no 3rd Party diversion quantification).
CalRecycle measurements establish the equivalent of a 70%+ diversion rate. 4) Construction & Demolition Diversion
Sec. 5.09 – Original Agreement
Requires all construction and demolition material collected to be transported to Grand Central Transfer & Recycling and that a minimum of 75% of this material be diverted from landfill disposal.
The table below shows construction and demolition amounts, hauled, disposed, and diverted for each year of the review period. It also calculates a diversion rate achieved for each year:
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 33 Review Determination: Non-Compliant For each year of the review period, VVS fell just short of the required 75% diversion rate. Note: State requirement is 65% diversion.
Rating – Industry Standard. VVS diversion is slightly higher than construction waste diversion rates in other jurisdictions (around 70%).
5) Organic Waste Recycling Program (AB 1826 / SB 1383)
Sec. 5.10, 18.01.1, 18.01.2, 18.05.1
Requires development of a compliant AB 1826 (5.10) and subsequently a SB 1383 compliant (18.01.1) organic waste recycling program. Section 18.01.2 requires capacity for all franchise program waste is provided by VVS.
As shown in Item 2 of this report section, VVS had developed both AB 1826 and SB 1383 compliant programs. VVS, through guarantees and indemnification in Section 18.01.2 and statements within 18.05.1 (Capacity Guarantee), agrees to provide all needed organic waste capacity.
Review Determination: Compliant VVS facility records show they are providing all needed capacity for the City and have committed to retaining and providing all capacity needed by the City of Cypress.
Rating – Exceptional. VVS guarantees and provides all needed capacity for all organic waste, through their high diversion organic waste processing facility and long-term agreements with anaerobic digester and composting operations. Their facility is the only kind of its type in Southern California, allowing the processing of mixed organics and mixed recyclables.
6) Waste Characterization Studies
Sec. 6.04 – Original Agreement
Requires VVS to perform waste generation and disposal characterization studies periodically to comply with the requirements of state law. It further requires VVS to participate and cooperate with the City to accomplish studies and data collection and prepare reports as needed and directed by City.
Throughout the process of qualifying for a high diversion organic waste processing facility designation, and periodically to retain such designation, VVS is performing these studies.
Review Determination: Compliant
Rating – Industry Standard. VVS is performing these studies.
Note: We believe the City should request VVS perform studies to characterize organic waste generation to potentially reduce the City’s SB 1383 procurement requirements. If these studies can demonstrate the City generates less than 0.8 tons of organic waste per-resident, per-year, then the City can reduce their financial obligation to the actual generation rate (some jurisdictions have reduced their obligation by over 50%).
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 34 7) Kitchen Caddie Distribution
Sec. 18.01.3 – 4th Amendment
Distribute “Kitchen Caddies” to all single-family residential units, and all multi-family premises (through the owner/manager) to assist them in source separating food waste for recycling.
VVS confirmed
distribution to all single
and multi-family
residences that had
organics cart service
during the 1st Quarter of
2022. In addition,
kitchen caddie
containers were also
distributed at the May
19th and May 20th food
waste recycling
workshops. The notice
and mailer used are
shown.
Review
Determination: Compliant
Rating – Industry Standard. Distribution completed and additional caddies available for purchase, as prescribed.
8) Organic Waste Program Reporting
Sec. 18.02.1 – 4th Amendment
Collect, preserve, and report information regarding its Organic Waste Recycling program. On a quarterly basis VVS reports program collection data, contamination minimization efforts, facility usage, waivers, types of programs provided, and provides copies and distribution counts for all education and outreach materials. All this is done through the City’s online reporting portal and VVS was very accommodating during the introduction of this new system and on an ongoing basis. They also include summary data in their annual report to the City.
Review Determination: Compliant
Rating – Above Average. Most haulers wish to use their own reports and formats, a few have refused to voluntarily use this new system until the City had to send a demand letter (among the 11 cities using the same software program). VVS made the change without issue or complaint. 9) Annual Facility Usage Reporting
Sec. 18.02.2 – 4th Amendment
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 35 On an annual basis VVS is to provide a list of facilities which they will use to process, transfer, and dispose of all waste collected under the franchise. This process started in 2022, and this facility information is provided in quarterly reporting and summarized and presented in the annual report to the City. All tonnage information reported to the City includes allocations to each facility utilized.
Shown below is a table presenting calendar year 2024 facility utilization and tonnages delivered, disposed, and diverted by each:
We reviewed CalRecycle’s RDRS System to verify disposal reporting accuracy through the State’s new tracking system. For Antelope Valley LF, the RDRS figure was 1,431.00 tons (667.47 higher). For El Sobrante LF the figure was nearly identical at 174.95 tons. For Bowerman Landfill, the RDRS figure was much higher (1,594.93) and the transfer facility was CR&R Stanton. For Mid-Valley Landfill, the RDRS figure was lower (8.36 tons). Finally, for Olinda-Alpha LF the RDRD System showed 18,163.03 tons transferred from Grand Central Recycling and 784.75 tons from CR&R Transfer in Stanton (18,947.78 total tons landfilled from transfer stations). An additional 6,258.34 tons were reported as direct-hauled to Olinda Alpha LF (grand total of 25,206.12 tons), which is higher (both direct-haul and transfer) than the figures reported by VVS.
We reviewed VVS tonnage records and found their reported figures to be accurate. Significant variances in RDRS tonnage reporting and actual figures are not unusual. We have performed a number of tonnage modification studies for local jurisdictions where RDRS tons have exceeded franchise hauler totals by as much as 33,000 tons. This is due to the RDRS System accepting facility tonnage reporting, without audit and via new and confusing reporting procedures that use delivered tonnage percentages rather than specifically assigned disposal ton amounts. In addition, the RDRS has landfill facilities proportionately assign “Orphaned Waste” (tonnage without a specific originating jurisdiction recorded) to all jurisdictions Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 36 from which it accepts waste, on a pro-rata share. Finally, reported facility tonnage figures in public reports include all haulers from a jurisdiction, not just the franchisee, so additional tonnage is expected.
Since the City of Cypress was determined to be under the maximum waste disposal amount, to be considered compliant with the 50% diversion mandate of CalRecycle, we see no reason to undertake a disposal modification process. However, we can confirm that disposal amounts allocated to your jurisdiction are significantly higher than actual and should be challenged in future years if CalRecycle ever finds the City to be out-of-compliance with the 50% waste diversion calculation in your Annual Report.
Our records review showed VVS is accurately tracking all collections from Cypress, through processing, to the facility where collected material is disposed. In Calendar Year 2024, we confirmed their tonnage reporting was accurate.
Review Determination: Compliant
Rating – Industry Standard. Most haulers employ similar scale house record keeping and compile facility usage reports.
10) New Organics Processing Facility
Sec. 18.05.02 – 4th Amendment
By no later than January 1, 2023, VVS will provide City with detailed plans, drawings, specifications, schedule for completion, completion of pre-construction engineering and design, and start and completion dates for construction of a new organics processing facility. VVS will provide written updates.
New facility shall be completed and fully operational by December 31, 2026.
Plans and other required documents were provided after the deadline in 2023, but without issue and upon request. From that point forward the City was kept apprised and new facility completion and certification as Southern California’s first High Diversion Organic Waste Processing Facility designation was achieved in 202X well ahead of schedule.
Review Determination: Compliant
Rating – Exceptional. The Grand Central Recycling Facility became Southern California’s only High Diversion Organic Waste Processing Facility one year ahead of schedule. 11) Route Reviews & Waste Evaluations
Sec. 18.07.1 – 4th Amendment
Requires, if directed by the Contract Officer, that route reviews and/or waste evaluations be performed at the frequency and levels required for SB 1383 compliance. This equates to a review or evaluation covering a representative sample of each collection route, once per-calendar-year.
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 37 In calendar year 2022 no specific route reviews were performed, though informal contamination inspections were performed, and 5 commercial businesses were issued contamination notices. Since program roll-outs occurred this year, full route reviews were not possible until the 4th Quarter.
In 2023, VVS prepared and provided the City with a Route Review Guide, detailing the measures that constituted their contamination minimization program. Both commercial and residential container inspections occurred, with pictures and evaluations provided. However, the level of these route reviews did not include a representative sample of each route.
In 2024, VVS again fell short of performing the required number of route reviews and/or waste characterizations, though they utilized both methodologies to determine which would be most effective.
For residential routes, waste evaluations were utilized on two collection vehicles for each of the three collection programs provided. This number of evaluations did not cover each residential route. For commercial routes, all trash routes were reviewed through a sampling of 18 containers, with some routes only consisting of 1 container inspection. For recycling routes, 15 containers were inspected, with all but one being from Route 35. We did see Route 30 and 34 referenced for one container. Food waste containers received the greatest number of container inspections, with 38 for Route 3.
In 2025, the City’s consultant requested VVS to prepare its contamination monitoring procedures, to include a random sampling of all routes, as this would ensure SB 1383 compliance. VVS responding by producing a route review manual, detailing their procedures and establishing 3% of the containers on this route to constitute the sample size. This plan was approved and instituted during calendar year 2025, after the review period.
Review Determination: Compliant SB 1383 sets no container inspection quantity and treated the 2022 through 2024 period as “education only”. Therefore, even though VVS contamination inspections did not cover each route, each year, we consider their efforts to be compliant with Agreement terms. It was not until 2025 that the City’s consultant, acting for the Contract Officer, requested a written plan containing a minimum number or percentage of containers to be inspected per-route, per-year. This plan was prepared and submitted, and the compliant program instituted in 2025.
Rating – Industry Standard. Only 50% of haulers are performing all required route reviews, based upon our experience with 16 local jurisdictions.
12) SB 1383 Violation Tracking & Notices
Sec. 18.07.2 – 4th Amendment
Requires VVS to assist the City in reporting and tracking SB 1383 violations, delivery of notices, and delivering education material where contamination is found.
VVS is reporting and tracking violations and providing notices. They have produced evidence of their compliance in their annual reports to the City and various reports and documentation they submit as part of their quarterly reporting. We find their record keeping to be at or above industry standard with regards to SB 1383 violation monitoring, including the required provision of individual records noting when a container was not collected due to contamination.
Review Determination: Compliant
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 38 Rating – Industry Standard. VVS is compliant with violation tracking and notices. Their reporting of all containers not collected due to contamination is a SB 1383 requirement that most haulers miss in their reporting.
13) SB 1383 Exemption Evaluations
Sec. 18.07.3 – 4th Amendment
VVS is required to assist the City in evaluating requests for exemptions to SB 1383 collection program requirements.
The reviewer has coordinated with VVS staff on SB 1383 waivers (exemptions from services) on an annual basis since 2022. They have provided detailed customer records, opinions on waiver applicability, and incorporated City waiver determinations into their customer records in a cooperative and proficient manner.
Review Determination: Compliant
Rating – Above Average. VVS was and remains very helpful with this process.
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 39 Section 4 – Operations Review
This area of review covers Agreement items that establish standards for franchise service areas that directly impact ratepayers. Customer service, vehicles and equipment, public education & outreach, safe operations, and reporting issues to the City were all components of this review. 1) Customer Service & Local Office Standards
Sec. 6.02 & 7.04.1 – Original Agreement
This Section establishes certain customer and franchise servicing standards. It requires a local office to serve as a call center and administrative office, performing listed functions related to customer service and collection service dispatching. This Local office shall be open 8am to 5pm, Monday through Friday, and 8am to Noon on Saturday (also Section 7.04.1). This Section also establishes protocols for complaints, response times, local and listed emergency telephone number, and an after-hours direct line to the Operations Manager. Elsewhere therein complaint documentation requirements are established, resolution of compliant requirements, English/Spanish language requirements, and requirements for receiving and logging all customer calls. This Section also requires both an Agreement Liaison and a Service Liaison, and requires customer and program service evaluations and surveys in Year 5 and Year 10 of the Agreement.
VVS is maintaining a local office in the City of Cypress at 8891 Watson Street that is open Monday through Friday from 8am to 5pm. This facility is no longer open on Saturdays due to little or no weekend usage by customers during the first five years of the Agreement. The local phone line for resident requests is forwarded to the VVS Call Center in the City of Industry, with Saturday assistance provided from 8am to 1pm. One full-time employee works at the Cypress office, to provide in-person customer assistance and the Operations Director (Tomas Solis) works out of this office at various times during the week. Prior to the review period, exact date uncertain (prior to 2022), VVS consolidated all telephone and email customer requests/complaints to be serviced by their corporate call center in Industry. At that time the local number (714-380-5450) was also transitioned.
VVS utilizes a Cisco Webex Contact Center as its customer service platform to monitor inbound call activity and track performance metrics. They monitor call volume trends and identify service demands like missed pickups, bulky item requests, and billing inquiries. System accessibility is measured through average hold time, with the target being less than 2 minutes. Call abandonment rates are tracked to ensure reasonable response times are maintained. Call handling, initial contract through resolution, has a target time of no more than 5 minutes. Wait time and response time metric monitoring ensures staffing levels (currently 30) meet customer demand.
Management performs quality assurance reviews monthly, evaluating accuracy, professionalism, proper documentation, and proper call resolution. Complaints and service concerns are tracked, as well as resulting work orders and coordination with operations. Their SoftPak system tracks all resulting service requests and work orders, providing an audit trail.
We were able to confirm all calls are captured by recordkeeping, bilingual staff accommodates Cypress inquiries as required, and management is familiar with Agreement requirements and company service standards are constantly monitoring VVS’ provision of customer service.
We found VVS customer service metrics to be above industry standard, as shown in following table:
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 40 Call Center Statistics
Period
Total Calls
Received
Missed
Pick-up
% of
Calls
Other
Complaints
% of
Calls
Total
Complaints
% of
Calls
CY 2022 N/A 816 Unknown 52 Unknown 868 Unknown
CY 2023 7432 586 7.88% 30 0.40% 616 8.29%
CY 2024 6143 454 7.39% 38 0.62% 492 8.01%
For missed pick-ups (the most common customer issue nationwide), all 2022 figures and the first 9 months of 2023 included customer set-out issues (i.e. not placed at the curb for collection on time, overloaded container, or contaminated container). Improvements in VVS data tracking now exclude them, so only true missed collections are shown. Out of the approximately 2,000,000 container collections VVS makes from franchised customers each year (residential and commercial), the 454 missed pick-ups in 2024 are only 0.0227%. We would rate this level of collection as excellent. While there is no published industry standard, our compliance reviews in multiple States have found about one (1) missed collection out of every 2,000 scheduled stops (0.05%).
A review of customer service records showed missed collections were all resolved on either same day or following business-day, as required.
Other types of complaint calls were at acceptable levels (38 to 52 per-year), and their frequency is considered industry standard. There are no published records setting a standard. However, our compliance reviews show a range of 20 to 75 complaints. Since VVS includes cart related calls, and containers have been in service for 12 years, their “complaint” is not considered problematic.
With regards to call response times, we were only able to review complete-year records for calendar year 2025. This review showed average wait times averaged less than one minute for both residential and commercial customers. Since this is measured as the actual time on hold, total call time until answered runs 15 to 30 seconds longer, thus on average VVS is clearly meeting the 2-minute wait time goal, that is also the industry standard. We would give them a good to very good rating and consider their current count of 30 customer service reps to be adequate.
The primary issues encountered in our review of customer service were; 1) the rolling 12-month performance data tracking limit, combined with the hard-copy print-out of all annual customer service interactions, makes it difficult and time consuming to assess specific review period performance, and 2) customer use of the 800 number prevents Cypress-specific tracking. All calls using the local Cypress number are consolidated, tracked, and reported under the franchise’s annual report. However, calls to the 800 are grouped with other jurisdictions and thus too difficult to segregate and apply performance measurements specific to Cypress.
With regards to the 10-year survey requirement, this was performed with customers attending events, with hard-copy survey forms provided with instructions on how to return them. Responses were very positive. However, only 30 surveys were returned. VVS now uses QR codes on hand-outs, so customers can more easily provide responses. While compliant with Section 6.08.2, we find the methodology used to be limited in its effectiveness. We believe a billing insert, utilizing a QR code, should be used in any future surveys.
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 41 Review Determination: Compliant
Rating – Industry Standard. VVS is meeting industry standard. However, we believe annual summaries of all complaint categories and a better ability to glean Cypress specific data from 800 number calls is needed to be considered above average.
2) Public Education & Outreach
Sec. 6.03 (Original) & 18.06 (4th Amend.)
Section 6.03 established Public Education and Outreach Service requirements and Section 18.06 updated them to meet SB 1383 requirements. Currently this requires VVS to provide instructional “how-to” packets covering all programs, container labeling and stamps, an annual newsletter, corrective action notices, a separate section of its website on organics recycling, a mobile application, and a collector representative. In addition, education on service requests, contact information, service or billing questions, bulky item collection scheduling, HHW education and drop-off/collection options (only at start of service) be provided to customers.
This section also details community involvement through a collector representative to participate in demonstrations, promote and explain programs, and routinely visit organizations and commercial customers. Finally, this Section requires participation and promotion at community events and local activities, providing without cost Collection and education.
Specific to calendar year 2022, Section 18.06.2 requires expanded outreach to include telephone contact with every multi-family and commercial business not yet receiving separate organics collection. 18.06.3 requires multi-lingual messaging in English and Spanish. We confirmed with VVS management that all calls were made, and that bi-lingual staff was used as applicable. The pace at which compliance in establishing these programs was achieved demonstrates these calls were effective.
VVS provides a full range of print and electronic media, which includes 4 newsletters (one each quarter, exceeding the annual requirement) that cover all program education, promotes additional services like bulky items, advertises events, provides the holiday service schedule, etc. We found “How-To” packets and container labeling to be SB 1383 compliant and effective. The VVS website was found to effectively educate customers and is easy to navigate.
Review Determination: Compliant
Rating – Industry Standard. Educational material is well designed and effective in its presentation. The industry sets a high standard in this regard and VVS is meeting it. 3) Media Inquiry & Press Release Procedures
Sec. 6.07 – Original Agreement
Establishes notification and approval by Contract Officer prior to VVS responding to any news media inquiry, releasing material to print media or trade journal articles, and requires the provision of any media interviews, news releases, or articles within 5-days of publication. Our review of records found no violations.
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 42 Review Determination: Compliant
Rating – Industry Standard. We could find no issues.
4) NPDES Best Practices & Spillage Standards
Sec. 6.08.9, 7.03.13, 7.03.14
Section 6.08.9 requires VVS to follow National Pollution and Discharge Elimination System (NPDES) Best Management Practices in conformance with the Drainage Area Management Plan (DAMP) governing the County of Orange and all incorporated cities therein. Section 7.03.13 governs “Spillage and Litter” requirements, with Section 7.03.14 requiring vehicles to be equipped with sufficient quantities of petroleum absorbent materials, broom and shovel.
Instances of spillage were identified during each year of the review period, but at a frequency that is at or below industry standard of two or three incidents per-year. In 2022 one incident of hydraulic fuel leakage occurred, which damaged asphalt pavement on Sycamore Lane. Extensive emails, photographs, and internal records that document how VVS addressed and resolved this incident were provided.
In calendar year 2023, Public Works investigated two prohibited discharge incidents, discovered while responding to resident complaints. Both incidents (4/20/2023 and 5/11/2023) involved a VVS collection vehicle stopped and leaking “foul smelling” liquid into a storm drain inlet near the corner of Myra Street and Ethel Street. Public Works staff delivered both violation notices to VVS at their local service yard (8891 Watson) on
5/18/2023. Inspections of the Watson Street offices and the truck storage yard were scheduled and made on 6/12/2023.
VVS’ then area manager was interviewed about the
incident. The VVS manager stated the truck at issue (456) was retired from service and replaced (confirmed). The
driver involved in both incidents was reassigned from green waste pick-up to solid waste pick-up. Finally, VVS was in the process of developing a formal compliance plan and
training program for staff to ensure no future incidents occur (confirmed that VVS now has a Storm Water Pollution Prevention Plan)
VVS provided a copy of their Storm Water Pollution
Prevention Plan, as well as confirmation from Orange County Sanitation District that the plan brings them into compliance. We also learned the area where the incident occurred was where that driver normally took his required break while completing his route, so the spill was not intentional.
In 2024 there was an incident where a collection vehicle splashed oil on the property and vehicle of a customer on Sambar Circle. We also found photographs and extensive communication between VVS and the property owner. VVS performed multiple power washer cleaning on the affected area, using liquid capture and recovery methods to properly resolve the street impact. With regards to the customer’s vehicle, VVS paid to have mobile detail service professionally clean the car.
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 43 Review Determination: Non-Compliant Though the number of incidents and VVS efforts to ultimately resolve each issue were very good, driver negligence, and no company plan or staff training were non-compliant with the Agreement.
Rating – Substandard. Failure to have a Stormwater Pollution Prevention Plan and related training in place, prior to the two prohibited discharge incidents, were contributory factors in the driver negligence.
While VVS subsequently took steps to improve management, developed a SWPPP plan and instituted training, and has avoided such incidents since that time, for the review period they failed to meet industry standards.
5) Hours of Operation
Sec. 7.01 – Original Agreement
Establishes hours of operation as 5am to 6pm from commercial premises and 7am to 6pm for residential premises. Our review of records found no violations.
Review Determination: Compliant
Rating – Industry Standard. No violations found.
6) Route Change Approval Requirements
Sec. 7.02 – Original Agreement
Establishes routing approval requirements and that any changes be submitted with writing 60-days prior.
VVS used Route Smart software to improve route efficiencies in 2023. However, these changes did not result in a collection-day change for any customer, thus were not considered “changes” that would necessitate City notification. The reviewer agrees with this determination.
Review Determination: Compliant
Rating – Industry Standard.
7) Collection Service Standards
Sec. 7.03 – Original Agreement
Establishes all service standards for franchise collections. Our review found all new services (including start of service within 5 business days) to have been rolled-out to customers with proper education provided, and technical assistance by VVS staff available when requested. Our review established a high level of competence with regards to collection of containers. The table in Item 1 of this review area quantifies missed collections for each year of the review period. As discussed, the 2022 figure (816), and the first nine-months of 2023 (586 for the year) include set-out issues and overloaded containers, therefore these numbers are inflated. Out of the approximately 2,000,000 container collections VVS makes from franchised customers each year (residential and commercial), the 454 missed pick-ups in Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 44 2024 (0.0227%) are considered to meet industry standards. While there is no published rate for missed containers, our experience in performing these reviews found missed container collection running at closer to 600 missed collections per 2,000,000 (0.03%).
In each instance, missed pick-ups were either resolved by VVS on the collection day or the following day.
We also found that common issues like vehicle breakdowns or drivers out with illness did not prevent all collections from being made upon the scheduled service day, excepting isolated missed pick-ups that were resolved as required when VVS was notified.
Section 7.03.6 requires no-commingling of source separated material collections without prior written approval of the City, which was an issue during a 4 to 6-month period during calendar year 2023. In early 2023, due to a complaint call, the City learned that collections in the Ovation at Floral Park gated residential community had commingled collection of source-separated recyclables and trash. The resulting investigation determined that this commingled collection did occur for a four to six-month period. It was also found that VVS was asked by community management to perform these commingled collections to reduce truck traffic impacts on community-maintained roads. In addition, VVS made no effort to hide this activity and cooperated fully with the City’s investigation.
Ultimately it was determined the City had the right to impose a liquidated damages penalty of $6,000 for VVS performing commingled collection without prior written approval of the City, regardless of the reason. However, the City Manager resolved that the penalty would be held in abeyance since it was done in response to a customer request and VVS still maintained a citywide 65% diversion rate. VVS also committed to purchasing a special collection vehicle that can co-collect and keep separate both sourceseparated recyclables and trash collections in the same vehicle, performing a single collection pass through the Ovation at Floral Park community. This new vehicle was purchased and put into service during the 4th Quarter of 2023 (Truck # 497 – shown in a table in Area 8 below).
There were a few instances of non-collection of containers tracked and reported by VVS. All were found to be due to customers not complying with program instructions and were compliant with Agreement terms. VVS developed and utilized non-collection notices that were also found to be compliant.
We chose to examine collection details covering all of calendar year 2024 in our review. The table below summarizes this review process:
Collection weights for 2024 (7.14 ton average) and the 6.14% overweight load occurrence (289 loads out of 4,710) were within industry standards. Overweight loads averaged less than one-ton over the limit, with individual route outliers (heaviest weights) in the 14 to 15 ton range. The occurrence of overweight loads is typical and is a result of route efficiency efforts to save resources (fuel and labor). While use of Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 45 route efficiency software also attempts to minimize overweight loads, weight variances due to rainy days or when container set-outs and/or container weights are above average cannot be fully resolved and still provide efficient routes. Again, the data falls within Industry Standards and is typical.
Where VVS is well above average is with their on-time collection rates. Their 99.65% performance rate is considered exceptional, as is their record of completing all collections on the service day, regardless of vehicle issues or driver absences.
Review Determination: Compliant Resolved commingling issue in 2023 by purchasing new vehicle.
Collection metrics are above industry standards for on-time collection and completion of routes on scheduled service day. They meet industry standards with regards to load weights/overweight loads.
Rating – Above Average.
8) Fleet Standards, Maintenance & Safety
Sec. 7.05 – Original Agreement
Section 7.05 establishes various collection fleet and reporting requirements, including that specific vehicle age, maintenance, and emission standards. Section 7.05.1 requires “as-new” vehicles, with none over 10- years of age unless it is a rebuilt vehicle. Vehicles must also be CNG and meet noise standards and VVS must provide an annual vehicle inventory (7.05.3). All vehicles must display required information and signage (7.05.2).
VVS was found to have provided the City with a listing of its service fleet annually (7.05.3), as part of its annual report. All vehicles are washed weekly (at minimum) to comply with Section 7.05.4 of the Agreement.
Vehicle compliance with 7.05.1 and other requirements are shown in the table below:
As shown, a total of seven (7) new vehicles were put into service in 2022 and 2023, replacing vehicles before they exceeded the 10-year maximum-age limitation. This included the split-container collection vehicle (497) purchased to service the Ovation at Floral Park community. VVS provided documentation showing these vehicles all meet noise emission standards.
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 46 Section 7.05.6 requires vehicles to be repainted every 5-years or within 30-days of the City’s determination that appearance warrants re-painting. Compliance with vehicle painting is noted in the table above, and pictures of each collection vehicle were provided along with this report. In general, we find the VVS fleet to be in excellent condition, with vehicle appearance to be excellent without qualifier.
Section 7.05.7 requires safe vehicle operation that meets all Federal, State, and local laws, including no loading of vehicles above Federal, State, and local limitations or weight restrictions. Collection vehicles must be certified (7.05.8), inspected (7.05.9), and notify the City if any vehicle fails and inspection (7.05.10). 7.05.10 also requires VVS to submit a safety and compliance report upon request by the City.
VVS presented the full suite of maintenance logs, check-out/check-in procedures, terminal inspections, and driver training records, which show they meet all industry standards.
Our review included California Highway Patrol assessments which found VVS to have no instances of unsafe driving, vehicle maintenance to be in the top 10% of the industry, no drug and alcohol testing violations, and a high degree of driver fitness (less than 5 instances of driver inspections with violations).
In addition, the service terminal operated by VVS meets or exceeds all operational standards and is in compliance with all statutes and regulations. Our review found California Air Resources Board (CARB) documentation showing all vehicles meet clean-air emission standards.
Collections considered “overweight” become a safety issue when they are 2 or 3 tons over the manufacturer’s certification. Most collection vehicles used in the Cypress franchise are tandem axle, which increases the manufacturer’s “certification” up to 17 tons (single axle vehicles are 10 tons, with 80,000 pounds as the maximum gross vehicle weight. We found no instances of collections resulting in unsafe conditions. However, as noted in Item 7 above, overweight loads (with respect to regulations, not vehicle capabilities) did occur at a 6.14% rate, so VVS was non-compliant in part of Section 7.05.7 of the Agreement. We do consider overweight loads to be typical and we do not consider them problematic if they occur less than 10% of the time. Anything below 5% we consider excellent.
Accidents
An examination of records further established that two vehicles and one property accident occurred in 2022. One vehicle accident was found to be the fault of the other vehicle (vehicle attempted to pass collection vehicle who maneuvered to avoid a container in the right-of-way). The other was the VVS driver’s fault, as a parked vehicle was scraped while the collection vehicle was backing up. Similarly, property damage occurred when a collection vehicle scraped the top of a building.
In 2023, two vehicle related accidents occurred. One was VVS’ fault (collection truck reversing hit a vehicle behind them), while the other was a vehicle crashing into a stopped collection vehicle. A single property related incident occurred when a VVS container, placed in the public right-of-way by a customer, was struck by a moving vehicle. VVS was not on the scene at the time.
In 2024, there were four vehicle related accidents, with two being VVS’s fault. Both included minor collisions with parked vehicles during turns. Three property related incidents all involved the moving of collection containers striking nearby objects.
Regarding accidents, we find their frequency and type to be in line with industry standards. For calendar year 2025 (immediately after the review period) VVS had an insurance modification factor for “accidents” of 0.99%, with 1.00% being industry standard.
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 47 Review Determination: Compliant Overall VVS collection fleet is well above industry standard in terms of age, condition, and performance. All VVS vehicles are equipped with state-of-the-art technology, which includes SoftPak software, MobilPak tablets, and 3rd Eye technology to evaluate driver and route performance. RouteSmart software is employed to optimize collection efficiency.
We should note that non-compliance with overweight loads was found. However, their occurrence was seen as industry standard and a byproduct of route efficiency software. With regards to performance and safety, we found VVS’ 100 stops per-hour for residential collections and 13 stops per-hour for commercial collections to be well within industry standards and their 99.65% on-time collection metric well above average. Safety impacts of overweight loads were negligible as loads did not exceed manufacturer specifications. Maintenance and safety protocols were very good, as was VVS policy of completing all routes on the scheduled service day. Insurance risk rating was maintained at industry standard, so driver safety is also meeting this standard.
Rating – Above Average Despite overweight load non-compliance, performance metrics and fleet condition bring our overall rating above industry standard. 9) Container Standards & SB 1383 Compliance
Sec. 7.06, 18.01, 18.06.1(b)
These sections establish container requirements, which were expanded by SB 1383, with new requirements and covered under the 4th Amendment. 18.01 added the provision of “kitchen caddies” to all single-family residential customers, to aid in food waste recycling (covered previously in this report).
18.06.1(b) added the stipulation that container signage would be SB 1383 compliant.
Cart and size designations (96-gallon-standard, with 32 and 64 gallons optional) were established in 7.06.1 and VVS is complying. Colors, labeling, and the replacement of carts is also covered in this Section. Section
18.06.1 (b) added the requirements that signage be SB 1383 compliant.
Container colors currently meet 2036 requirements and are well ahead of the industry standard.
Containers have hot-stamped lids that provide SB 1383 required information as well.
A random survey of containers found them to be in good condition, with color-coded lids and adhesive signage that meets SB 1383 requirements.
Many franchise service containers are now approaching their replacement date, as 12 to 15 years is the typical service life for plastic carts. Metal containers do experience rust issues, but more often fading paint or peeling signage lead to requests for their repair/replacement on a more frequent basis. Our Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 48 review of records show 495 containers were replaced in 2022, 124 in 2023, and 724 in 2024. A deeper dive into calendar year 2024 records found 63 commercial containers, split between 32 carts and 31 bins.
An additional 10 recurring roll-off containers were replaced due to wear or damage. The remaining 651 instances were residential cart replacements primarily due to excessive wear (cracks, lid or wheel issues).
This spike in replacements at the 11-year mark shows VVS is responding to resident requests well, and they are keeping on top of the expected attrition rate of carts. Bin and roll-off replacements show they are rotating and refreshing these containers at or above industry standard levels.
Review Determination: Compliant Our review found all recurring collection containers to compliant with SB 1383, kept in good working condition and appearance, and repaired/replaced on a schedule commensurate with industry standards.
Rating – Above Average Container compliance and rotation/replacement is above industry standard. 10) Annual & Quarterly Reporting
Sec. 10.05 – Original Agreement
VVS is required to submit annual reports detailing all areas of franchise activity. They are also required to submit quarterly reports on their collection programs, facilities used, tonnage diverted and disposed, route reviews for contamination, and other program information as directed by the City.
We have assisted the City in receiving and reviewing all VVS quarterly reports since 2022, including all such reporting during the 2022-2024 review period. We have found them to be extremely accommodating in this regard, first by providing all requested reports on a new Excel form in 2022, then transitioning reporting to an online format with multiple forms and additional data uploading requirements. All requests have been met with cooperation and proficiency, so we would rate VVS quarterly reporting as excellent.
Annual reporting was found to be compliant with Agreement terms. However, as discussed elsewhere herein, we believe the City should require additional and/or revised reports to incorporate our more indepth review process into annual reports.
Review Determination: Compliant
Rating – Above Average Reports meet industry standard. VVS willingness to expand reporting and incorporate use of new formats and tools is well above average.
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 49 Section 5 – Findings & Recommendations
Our three-year franchise performance review (calendar years 2022 through 2024) of VVS evaluated 44 specific areas of required compliance across three review categories: Financial, Compliance Programs & Waste Diversion, and Operations. Of those 44 items, 40 were found to be fully Compliant and four were found to be non-compliant. Presented below is a summary of findings by review category, followed by specific recommendations for the City’s consideration.
Financial Review
Of the 21 items reviewed under the Financial category, 19 were found to be Compliant and two were found to be non-compliant. The overall financial picture for VVS in Cypress is positive: rate calculations were accurate, billing systems are well-managed, required payments to the City were largely made in full, and VVS maintains insurance, bonding, and record-keeping that meets or exceeds Agreement requirements. Notably, VVS demonstrated an above-average level of financial commitment to the franchise through voluntary cost-absorptions (including a one-year lag in passing through disposal fee increases to ratepayers) and an exceptional multi-family recycling program that is unique in Southern California.
Non-Compliant findings in this category were:
6) Universal Waste Collection – Non-Compliant | Above Average - VVS performed collections but maintained no records to substantiate compliance. Upon notification VVS immediately instituted a collection log and agreed to report annually.
14) City Compliance & Monitoring Fee (1.5%) – Non-Compliant | Industry Standard - An under-billing of $11,611.91 was identified over the three-year review period ($4,944.01 in 2022; $5,390.17 in 2023; $1,277.73 in 2024). The error rate declined significantly each year. VVS owes the City the identified amount, and the City may assess a 10% annual penalty per Section 8.09.
Notable above-average and exceptional financial findings included:
1) Rate Adjustment Process – Compliant | Above Average - VVS consistently absorbed one year of disposal fee increases rather than pass them through to ratepayers, a practice not seen in comparable franchise agreements.
3) Multi-Family Recycling Carts – Compliant | Exceptional - VVS is the only hauler in Southern California legally able to provide a 2-container mixed waste program to multi-family residents. 106 of 131 properties (81%) benefit from this service at no additional charge. 13) Commercial & Multi-Family Billing Audits – Compliant | Above Average - VVS performs billing audits monthly, substantially exceeding the Agreement’s requirement of three audits over nine years.
With respect to VVS’s financial ability to perform, our review of internal financial records established EBITDA in the range of 17-19% during the review period, slightly below the California industry benchmark of 20-30%. However, when adjusted for the approximately $300,000 per year in disposal cost revenue VVS foregoes due to their one-year lag in rate adjustments, their effective EBITDA rises to approximately 22%. We consider VVS financially able to sustain all required operations and Agreement compliance for the remainder of the franchise term.
Compliance Programs & Waste Diversion Review
Of the 13 items reviewed under this category, 12 were found to be Compliant and one was found to be non-compliant. VVS’s compliance with State-mandated diversion programs is a significant strength of this franchise. The City of Cypress benefits from a hauler that operates the only High Diversion Organic Waste Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 50 Processing Facility designation in Southern California, which is a competitive advantage that gives the City full SB 1383 organic waste capacity and supports above-average diversion rates across all program types.
Three items in this category earned an Exceptional rating, the highest available in our review framework.
Non-Compliant findings in this category:
4) Construction & Demolition Diversion – Non-Compliant | Industry Standard - VVS fell short of the franchise-required 75% C&D diversion rate in each year of the review period. Achieved rates were approximately 71–73%, which exceeds the State’s 65% standard but does not meet the more stringent Agreement requirement. VVS should work with Grand Central Recycling to identify processing improvements that can close this gap.
Exceptional findings in this category:
1) Commercial A/B Route Processing – Compliant | Exceptional - An average of 83% of commercial waste collections were processed rather than direct-hauled to landfill, reaching 91% (with 52% diverted) in 2024. This level of commercial processing is exceptional; most updated agreements now permit all trash to go directly to landfill.
5) Organic Waste Recycling Program – Compliant | Exceptional - VVS provides full SB 1383-compliant organic waste capacity through their Grand Central facility. 100% program compliance was achieved for commercial generators by 2023.
10) New Organics Processing Facility – Compliant | Exceptional - Grand Central Recycling achieved Southern California’s first High Diversion Organic Waste Processing Facility designation, completing the milestone one year ahead of the Agreement schedule.
CalRecycle’s AB 939 compliance measurement formula found the City of Cypress to be compliant with the 50% diversion mandate in each year of the review period. VVS achieved combined diversion (including verified third-party recycling) of 72.71% (2022), 52.50% (2023), and 59.22% (2024), with the 2022-to-2023 decrease attributable to a reduction in third-party recycling volumes primarily from the Los Alamitos Racetrack, and were not due to a reduction in VVS program performance.
Operations Review
Of the 10 items reviewed under the Operations category, nine were found to be compliant and one was found to be non-compliant. VVS demonstrates a well-managed and professional operation. Collection performance metrics, including a 99.65% on-time collection rate and a missed pick-up rate of 0.0227% (approximately one-third better than the industry standard of 0.03%) are standout results. Fleet condition, maintenance protocols, and safety records all reflect a hauler that takes operational excellence seriously. Customer service metrics are at or above industry standard, and VVS has been an accommodating partner in transitioning to expanded quarterly reporting formats.
Non-Compliant findings in this category:
4) NPDES Best Practices & Spillage Standards – Non-Compliant | Substandard - Two prohibited discharge incidents occurred in 2023 involving leakage from a collection vehicle into a storm drain inlet.
VVS did not have a Stormwater Pollution Prevention Plan or formal staff training program in place at the time. Following the incidents, VVS developed and implemented a SWPPP, confirmed with Orange County Sanitation District, and reassigned the driver involved. No further incidents occurred during the review period. The non-compliance was attributable to the absence of a preventive program rather than willful violation.
Waste Hauler Franchise Performance Review – Valley Vista Services | City of Cypress Page 51 Above-average findings in Operations included:
7) Collection Service Standards – Compliant | Above Average -99.65% on-time collection rate; all missed pick-ups resolved same day or next business day; routes completed on scheduled service day regardless of vehicle or staffing issues.
8) Fleet Standards, Maintenance & Safety – Compliant | Above Average - CHP assessment placed VVS vehicle maintenance in the top 10% of the industry. Fleet equipped with SoftPak, MobilPak, and 3rd Eye technology. No drug/alcohol violations. Insurance modification factor held at 0.99% (industry standard:
1.00%).
9) Container Standards & SB 1383 Compliance – Compliant | Above Average - Containers meet 2036 SB 1383 color requirements well ahead of schedule. Replacement rate (724 containers in 2024) reflects proactive management of aging stock.
Recommendations
Based upon our review findings, CityGreen Consulting offers the following recommendations for the City’s consideration:
1. Resolve 1.5% Fee Underpayment. Direct VVS to remit the identified $11,611.91 in underpaid City Compliance and Monitoring Fees. Consistent with Section 8.09, the City may also assess a 10% annual penalty on the finding. The City may wish to weigh VVS’s approximately $34,000 per year in absorbed billing cost increases (resulting from the City’s December 2022 transition to monthly customer billing) as a mitigating factor when determining the penalty amount.
2. Strengthen Universal Waste Recordkeeping. Confirm that VVS has fully implemented the collection log procedure agreed upon during this review. Require that Universal Waste collection data be included in the annual report going forward, including collection dates, customer types, and item counts.
3. Address C&D Diversion Gap. Engage VVS and Grand Central Recycling in a discussion aimed at improving construction and demolition diversion from the current 71–73% range to the franchiserequired 75% minimum. Consider whether a cure period or compliance plan is appropriate.
4. Confirm SWPPP Implementation and Ongoing Compliance. Verify that VVS’s Stormwater Pollution Prevention Plan remains active and that all drivers receive annual training. Request the City’s Contract Officer be provided a copy of the current SWPPP and training logs as part of the next annual report.
5. Improve Annual Financial Reporting Format. Require VVS to restructure their annual financial report to segregate City-billed residential revenue (via Golden State Water) from VVS-billed residential revenue, and to align billing and receipts presentations in consistent categories (Commercial, Roll-Off, Residential).
This will enable routine reconciliation of gross receipts and franchise fees without requiring a full audit.
6. Mandate Annual Bulky Item Collection Report. Require VVS to include in each annual report a residential-only bulky item collection log, confirming that no residential accounts were charged for collections within their two-item annual allowance. This will eliminate the need for a record-by-record audit of individual work orders in future reviews.