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Resolution No. 3685RESOLUTION NO. 3685 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TENTATIVE PARCEL MAP NO. 89 -363 - WITH CONDITIONS. WHEREAS, an application was made by McDonnell Douglas Realty Company to subdivide one parcel into two for the development of restaurant uses located at the northwest corner of Valley View Street and Katella Avenue in the PC -3 Planned Community Business Park Zone; and WHEREAS, the City Council considered evidence presented by the applicant, City staff and other interested parties at a public meeting held with respect hereto. 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 parcel map is consistent with the basic intent of the Land Use Element of the City's General Plan and the McDonnell Plaza Specific Plan for the PC -3 Planned Community Business Park Zone. 2. The design and improvement of the proposed subdivision as designated on the tentative parcel map and supplemented by the conditions listed in Exhibit "A" attached, 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: All required public improvements will be installed in accordance with the City's General Plan. 3. None of the findings set forth in Government Code Section 66474 can be made. 4. The proposed parcel map is consistent with the approval of Conditional Use Permit No. 89 -18, El Torito Mexican Restaurant. 5. The discharge of waste from the proposed subdivision into the existing community sewer 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.). NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Tentative Parcel Map No. 89 -363, subject to the conditions attached hereto as Exhibit "A." PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cypress on the 22nd day of January 1990. ATTEST: /IcA/_ CITY CLERK OF HE CITY' OF CYPRESS OR OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 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 22nd day of January , 1990, by the following roll call vote: AYES: 5' COUNCIL MEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CL (44/; HE TY OF CYPRESS EXHIBIT "A" TENTATIVE PARCEL MAP NO. 89 -363 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. 2. Prior to the recordation of a final 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. 3. All applicable conditions of Conditional Use Permit No. 89 -18, El Torito Restaurant, shall be a part of these conditions as though attached hereto. 4. 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 time period provided for in Section 666499.37 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.