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Resolution No. 3535371 RESOLUTION NO. 3535 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING REVISED PARCEL MAP NO. 88 -301 - WITH CONDITIONS. WHEREAS, an application was made by Overton, Moore and Associates (OMA Cypress Properties) to divide one parcel into six. This property is located north of Corporate Avenue, south of Cerritos Avenue, east of Camden Drive and west of Valley View Street. WHEREAS, the City Council considered evidence presented by the applicant, City staff and other interested parties at a public meeting held with respect thereto. NOW, THEREFORE, the City Council of the City of Cypress DOES HEREBY RESOLVE as follows: 1. The proposed map is compatible with the objectives, policies, general land uses and programs specified in the General Plan of the City of Cypress in that: a. The proposed subdivision conforms with the Land Use Element of the City's General Plan and the present regulations according to the PC- 5 Planned Community Business Park Zone No. 5. b. The proposed subdivision is consistent with all provisions of the City's Subdivision Ordinance and the State Subdivision Map Act. c. The developer has agreed to pay for traffic impact mitigation improvements as identified in the conditions attached hereto as Exhibit A 2. The design and improvement of the proposed subdivision as designated on the parcel map and supplemented by the conditions attached hereto as Exhibit "A," and incorporated herein by reference, are compatible with the objectives, policies, general land uses and programs specified in the General Plan of the City of Cypress in that: a. The subject property shall be improved in conformance with present zoning and all applicable ordinances in effect at the time this map is recorded with the County of Orange. All necessary utility services shall be provided to the property in conformance with the Cypress Municipal Code. 3. None of the findings set forth in Government Code Section 66474 can be made. 4. The discharge of waste from the proposed subdivision into the existing community sewer system shall not result in a violation of the existing requirements prescribed by the California Regional Water Quality Control Board having jurisdiction over the proposed subdivision pursuant to the provisions of Division 7 of the California Water Code (Sections 13000 et seq.). Denial of a subdivision for violation of the proposed waste discharge standards or an addition to an existing violation thereof, is a ground for denial of the parcel map, although such denial is not mandatory. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Revised Parcel Map No. 88 -301, subject to the conditions attached hereto as Exhibit "A." PASSED AND ADOPTED at a regular meeting of the City Council of Cypress on the 27th day of February 1989. the City MAYOR OF THE CITY OF CYPRESS 372 ATTEST: CITY CLER OF THE/CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 27th day of February 1989, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Age, Arnold, Kanel, Kerry and Davis NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 1,7 /'' C TY CLER F THE C Y OF CYPRESS 2 373 EXHIBIT "A" REVISED PARCEL MAP NO. 88 -301 CONDITIONS OF APPROVAL 1. The developer shall conform to all applicable provisions of the City Code. All requirements of the State Subdivision Map Act, and the City's Subdivision Ordinance and Zoning Ordinance shall be satisfied. Upon separate ownership of parcels, reciprocal easements shall be recorded and agreements filed with the City governing joint use and maintenance of drive approaches, drainage, onsite parking, irrigation system, etc. 2. All applicable conditions of Conditional Use Permit No. 87- 34 and Amendment to Conditional Use Permit No. 87 -34 (Food Park), Conditional Use Permit No. 88 -24 (Woodfin Suites Hotel), and Conditional Use Permit No. 88 -14 (Chili's Restaurant) shall be considered to be a part of these conditions as though attached hereto. 3. Transportation Systems Management (TSM) measures shall be encouraged for all developments in the Business Park. Transportation management action plan is now being prepared by the City. The developer shall participate in the TSM plan adopted by the City for the Business Park and shall participate in a Transportation Management Association (TMA) formed by landowners in the Business Park with the assistance of the City and its consultants. The developer shall participate in these programs on an equivalent basis with all other City designated participants within the Business Park. The developer waives for himself, his successors and assigns, the right to protest the formation of an assessment district, major thoroughfare benefits district or other financing district deemed necessary or appropriate by the City to facilitate the imposition and collection of traffic impact mitigation improvement fees or otherwise finance the construction of the traffic impact mitigation improvements. Such improvements shall include, but not be limited to, arterial street widenings, traffic signal system modifications, grade separation structures or other major intersection improvements. In the event that the formation of an assessment district, major thoroughfare benefit district or other financing district as contemplated above does occur, the assessment shall, at the City's discretion, be pro -rata within 374 2 assessment /benefit area (area of benefit and method of spreading the assessment to be determined by the City at its discretion), less commercial /retail areas. The area of benefit and method of spreading the assessment will be determined by the City at its discretion and in accordance with applicable laws and regulations. 4. Fees required for improvements are as follows: Final subdivision map filing fee (per Resolution 2964). Traffic Impact Mitigation fee (per Ordinance 778 and current fee resolution) to be paid prior to issuance of first building permit on each parcel. 5. The subdivider shall defend, indemnify, and hold harmless the City and any agency thereof, or any of its agents, officers, and employees from any and all claims, actions, or proceedings against the City or any agency thereof, or any of its agents, officers or employees, to attack, set aside, void, or annul, an approval of the City, or any agency thereof, advisory agency, appeal board, or legislative body, concerning the subdivision, which action is brought within the same period provided for in Section 66499.37 of the Government Code of the State of California. City shall promptly notify the subdivider of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action and should the City fail to either promptly notify or cooperate fully, subdivider shall not thereafter be responsible to defend, indemnify, or hold harmless the City. 6. Parcel 3 north property line shall be located to the south of the Pavilion Shopping Center parking spaces. 7. Map dimensions for Parcel 2 north and south property lines shall be corrected to read: 395. 8. A reciprocal easement for each parcel shall be recorded with the County and agreements filed with the City governing joint use and maintenance of drive approaches, drainage, onsite parking, irrigation system, etc. 9. The developer shall conform to all applicable provisions of the City Code. All requirements of the State Subdivision Map Act, and the City's Subdivision Ordinance and Zoning Ordinance shall be satisfied. 373 3 10. Prior to the recordation of a final tract /parcel map, water improvement plans shall be submitted to and approved by the Fire Chief for adequate fire protection and financial security posted for the installation. The adequacy and reliability of water system design, location of valves, and the distribution of fire hydrants will be evaluated in accordance with Insurance Services Office suggested standards contained in the "Grading Schedule" for Municipal Fire Protection. 11. Prior to the issuance of any building permits for combustible construction, evidence that a water supply for fire protection is available shall be submitted to and approved by the Fire Chief. Fire hydrants shall be in place and operational to meet required fire -flow prior to commencing construction with combustible materials.