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Resolution No. 3718RESOLUTION NO. 3718 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TENTATIVE TRACT MAP NO. 89 -371 - WITH CONDITIONS. WHEREAS, an application was made by Tojiro Okura and Yoshihiro Ueda to subdivide one (1) parcel into one (1) parcel for the purpose of creating four (4) individual air space condominium units located at 5612 Orange Avenue; 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. Land use approval will be granted at a future date in accordance with design review approval. Subdivision of the existing site into one (1) parcel for the purpose of creating four (4) individual air space condominium units conforms with the basic intent of the Land Use Element of the City's General Plan. 2. The design and improvement of the proposed subdivision as designated on the tentative tract map and supplemented by the conditions listed below, 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 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 Tract Map No. 89 -371, 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 26th day of March n 1990. YO OF THE CITY OF CYPRESS ATTEST: CITY CLERK HE ITY 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 26th day of March , 1990, by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Bowman, Kerry and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBER: Age ABSTAINED: 1 COUNCIL MEMBER: Arnold &(,'///( /4:_e7 CITY C 0T CIT OF CYPRESS 2 -7 EXHIBIT "A" TENTATIVE PARCEL MAP NO. 89 -371 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. Parcel Map No. 89 -371 shall be recorded prior to issuance of Building Department Permit. 2. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan, in ink on Mylar, signed by a registered California civil engineer and using actual grades from an Orange County Surveyor's Benchmark shall be submitted for approval. All on -site drainage conveyed to the street shall be by means of an undersidewalk drain. In parking areas, AC shall have a minimum slope gradient of one and one -half percent (1.5%) or as approved by the City Engineer, and concrete shall have a minimum slope gradient of two - tenths percent (.2 %). 3. A minimum six foot (6'), maximum seven foot (7') high block wall, measured from the highest adjacent finish grade, shall be constructed and /or maintained along the south and west property lines. A retaining wall per City standards shall be constructed at the property line where the finished grade difference is greater than twelve inches (12 "). A six -inch (6 ") concrete curb shall be constructed per City standards to protect all block walls and structures exposed to vehicular traffic. 4. Installation of Cable T.V. shall be subject to the City Ordinance No. 726. Prior to construction, the developer shall contact Copley /Coloney, Inc. (Phone: (714) 826 -8680) for specifications and procedures for prewire of the building and installation of the service wiring. Necessary permits shall be obtained at the City. 5. The developer shall provide mailbox facilities for each residence, to the satisfaction of the Public Works Director, Planning Director and Postmaster. 6. A Copy of the conditions, covenants, and restrictions (C,C &R's) covering the development shall be submitted to the City staff and City attorney for their review, recommendations, and approval to assure the continuance, maintenance, applicability and enforceability of the C,C &R's so that the development will not become a liability to the City at a later date. Exhibit "A" Conditional Use Permit No. 90 -1 and Tentative Parcel Map No. 89 -371 Page 2 7. All existing public improvements at the development site which are damaged due to construction, cracked, or otherwise below standard, shall be removed and replaced to the satisfaction of the City Engineer. 8. Graham Street shall be fully improved with two driveways, two driveway closures, widened sidewalk at the southwest corner of Orange Avenue and Graham Street, etc., in accordance with City standards. The straight line corner cutoff at the southwest corner of Orange Avenue and Graham Street shall be dedicated to the City of Cypress for roadway purposes. 9. All utility services shall backfill in streets shall No. 110. Arterials shall City streets lateral open (20') of each other shall continuous A.C. cap. be underground. Trenching and be per City of Cypress Standard be crossed by boring only. In cuts spaced within twenty feet be covered with a one inch (1 ") 10. Street trees (15 gallon) forty feet (40') on center shall be installed in back of public sidewalk in conformance to the street tree policy of the Public Works Department and shall be incorporated with the on -site landscape plan. The type of trees shall be as required by the City's street tree ordinance. Landscaping in public right -of -way shall be maintained by the developer. 11. The developer shall comply with all requirements of the FAA should any portion of the development encroach within the 100 to 1 imaginary surface surrounding the Los Alamitos Air Base. Encroachment within the 50 to 1 approach surface will require approval by the FAA. 12. One (1) street light on Marbelite pole shall be installed on Graham Street, approximately opposite the Community Center driveway entrance. 13. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: - Engineering Plan Check & Inspection Fee (Per Resolution 2964) . - Park and Recreation Fee (Per Ordinance 769). - Drainage 2287). Fee for Master Drainage Plan (Per Resolution Sanitary Sewer Connection Fee (Per Orange County Sanitation District, No. 3, Resolution 308). "3 ✓Exhibit "A" Conditional Use Permit No. 90 -1 and Tentative Parcel Map No. 89 -371 Page 3 - Grading Plan Check and Permit (Per Resolution 2964 & 3662). - All Applicable Building Department Fees. 14. 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. 15. All applicable conditions of Conditional Use Permit No. 90 -1 and Tentative Parcel Map No. 89 -371 shall be complied with prior to occupancy of the subject building. 16. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued. 17. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 18. The applicant shall obtain a demolition permit prior to the demolition of any existing structures on the subject property. 19. Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 90 -1 will require an amendment to the conditional use permit. 20. Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to the issuance of building permits. 21. All architectural treatments shall be constructed as illustrated on plans and renderings submitted. The final exterior color scheme shall be submitted to City staff for review and approval prior to actually painting the structure. Exhibit "A" Conditional Use Permit No. 90 -1 and Tentative Parcel Map No. 89 -371 Page 4 nor. 22. Balconies shall not exceed six feet (6') in width with one dimension. 23. The transformer boxes and water valves shall be placed in locations acceptable to the Planning Director and shall be adequately screened from view with plant materials. 24. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. 25. A detailed landscape and automatic irrigation plan shall be submitted to the Planning Department for review and approval at least sixty (60) days prior to issuance of a Certificate of Occupancy. In addition, a bond shall be posted with the Public Works Department to guarantee against defects in plant materials and workmanship. 26. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a variety approved by the Planning Director. 27. All landscaped areas adjacent to a street right -of -way shall contain a 3 to 1 berm. 28. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. 29. All walls, fences and trash enclosures shall be maintained free of significant surface cracks, dry rot, warping, missing panels or blocks which threaten the structure's structural integrity or appearance. 30. Parking lot surfaces and pedestrian walkways shall be maintained in a safe condition such that any concrete, asphalt, or other driving or walking surfaces are free of potholes, buckled or cracked surfaces, or raised areas. 31. The property shall be maintained free of the accumulation of trash and debris. Trash and debris associated with the permitted uses are to be stored solely in designated trash enclosures. 32. Exterior building elevations shall be maintained in a safe appearance such that the buildings are free of broken, missing or significantly cracked surface finished materials. 33. As a condition of Conditional Use Permit No. 90 -1 and the Covenants, Conditions and Restrictions, both items shall contain a condition requiring guest parking spaces to be marked as such, prohibiting all other parking and authorizing the towing of any violators. Exhibit "A" n Conditional Use Permit No. 90 -1 and JTentative Parcel Map No. 89 -371 Page 5 34. 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. 35. Prior to the issuance of any building permits, plans for a residential /commercial automatic fire extinguishing system shall be approved by the Fire Chief. Such systems shall be operational prior to the issuance of a Certificate of Use and Occupancy. 36. If the second story windows create a privacy problem for adjacent property owners, measures shall be taken to resolve the problem. These mitigation measures shall be subject to Design Review and may consist of, but not be limited to, requirements for additional perimeter landscaping and /or window coverings as determined appropriate by the Design Review Committee.