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Resolution No. 3791119 RESOLUTION NO. 3791 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TENTATIVE PARCEL MAP NO. 90 -241 - WITH CONDITIONS. WHEREAS, an application was made by Fuscoe, Williams, Lindgren and Short on behalf of Cypress Development to allow the division of eight (8) parcels into eight (8) parcels located at the northwest corner of Katella Avenue and Walker Street; 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) Specific land use approvals will be granted at a future date in accordance with design review approval. The proposed map is consistent with the Cypress General Plan designations for the 298.2 acre property as follows: 74.6 acres - Business Park and the remaining 223.6 acres - Public /Semi - Public. 2. The proposed map is compatible with the objectives, policies, general land uses and programs specified in related Specific Plans of the City of Cypress in that: (a) The subject parcel map is consistent with the Cypress Business and Professional Center Specific Plan which provides for business park development on 74.6 acres of the subject site. The remaining 223.6 acres is designated for Public /Semi - Public uses including the restoration of a former golf course and the ongoing operation of an existing race track. 3. The design and improvement of the proposed subdivision as designated on the tentative parcel 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 and the related Specific Plan in that: (a) All required public improvements will be installed according to the conditions and mitigation measures adopted as part of the Cypress Business and Professional Center Final Subsequent Environmental Impact Report. These improvements are also consistent with the City of Cypress General Plan. 4. The subject parcel map complies with all requirements of the California Subdivision Map Act and the Cypress Subdivision Ordinance. 5. None of the findings set forth in Government Code Section 66474 can be made. 6. 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. 140 NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Tentative Parcel Map No. 90 -241, 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 9th day of July, 1990. ATTEST: ( CITY CLERK Of E CITY CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS YOR OF THE CITY OF CY RESS 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 9th day of July, 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 MEMBER: None CI+Y CLERK F THE ITY OF CYPRESS 121 EXHIBIT "A" TENTATIVE PARCEL MAP NO. 90 -241 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. 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, on -site parking, irrigation system, etc. 3. All appropriate Mitigation Measures /Conditions of Approval of the Mitigation Monitoring Program for the Cypress Business and Professional Center shall be complied with. Said Conditions shall include, but not be limited to, the following: A. A geological study shall be performed for the site pursuant to Condition No. 2 of said Mitigation Program and Section 66490 of the State Subdivision Map Act. B. A storm drain system shall be designed and constructed for the entire site pursuant to Mitigation Measure No. 4, 6, and per the approval of the City Engineer. C. Developer shall undertake an Orange County Sanitation District Master Plan analysis and a design and construction agreement pursuant to Mitigation Measure No. 16a. D. The applicant shall dedicate an additional two feet (2') wide by four hundred feet (400') long portion of public right -of -way on the west side of Walker Street, south of the intersection with Cerritos Avenue, for intersection improvements in accordance with Mitigation Measure No. 20. The total right -of -way width of Walker Street in this area shall be one hundred feet (104'). E. Denni Street shall be irrevocably offered for dedication with a half -width of forty -two feet (42') east of center line between Katella Avenue and Cerritos Avenue in accordance with Mitigation Measure No. 26. F. Applicant shall dedicate, as necessary, an additional two feet (2') of public right -of -way along the west side of Walker Street from Katella Avenue to Cerritos Avenue to accommodate a twenty foot (20') wide parkway in accordance with Mitigation Measure No. 37a. 122 Exhibit "A" Tentative Parcel Map No. 90 -241 Conditions of Approval Page 2 G. Participation in the Cypress Business Park Transportation System Management (TSM) plan shall be required for each development area pursuant to Mitigation Measure No. 38, as necessary. The applicant shall be responsible for coordinating each individual development area's participation in said plan. H. The applicant shall be responsible for assisting, as necessary, each individual development area's employer's compliance with SCAQMD's Regulation XV pursuant to Mitigation Measure No. 55. I. Applicant shall provide a master sewer plan for the entire site in accordance with Mitigation Measure No. 59. J. Applicant shall dedicate an additional twelve feet (12') wide by four hundred and twenty feet (420') long portion of public right -of -way on the south side of Cerritos Avenue, west of the intersection with Walker Street, for intersection improvements in accordance with Mitigation Measure No. 20. The total right -of -way width of Cerritos Avenue in this area shall be one hundred seventeen feet (117'). 4. The corner cutoff shall be dedicated to the City of Cypress for roadway purposes at the corners of Cerritos Avenue /Walker Street and Katella Avenue /Walker Street, and shall be irrevocably offered for dedication at the corners of Katella Avenue / Denni Street, and Cerritos Avenue /Denni Street. 5. 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. 6. All new utility services shall be underground. Trenching and backfill in streets shall be per City of Cypress Standard No. 110. Arterials shall be crossed by boring only. In City streets, lateral open cuts spaced within twenty feet (20') of each other shall be covered with a one inch (1 ") continuous A.C. cap. 7. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: - Final Subdivision Map Filing Fee (Per Resolution No. 2964. - Engineering Plan Check & Inspection Fee (Per Resolution 2964). Exhibit "A" Tentative Parcel Map No. 90 -241 Conditions of Approval Page 3 8. 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. 9. Developer agrees to provide 6500 parking stalls on Planning Area 8 of the Specific Plan. If at any time it appears 6500 stalls are deemed to be inadequate by either the City or the Developer, the City and Developer shall agree upon a consultant to determine the parking needs including methodology for providing parking and each will pay one half of the cost for such study. If the City Council of Cypress determines based upon such study that additional parking is required and no plan is feasible except construction of a parking structure on the race track site, Developer shall construct such a parking structure on Planning Area 8 to provide the necessary parking. If Developer proposes to remove any existing structures, including barns, to provide such additional parking, City Council approval shall be required. The parking aisles and rows shall be designated through painting and striping prior to final approval of the Parcel Map by City Council. 10. Unless deferred by the Fire Chief to a later time, 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 and approved by the Chief. 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. xhibit "A" Tentative Parcel Map No. 90 -241 Conditions of Approval Page 4 12. Approval of the Tentative Map shall not become effective until such time as Cypress Development has executed the Mitigation Monitoring Compliance Agreement with the City of Cypress. 13. Prior to the issuance of any building permits, all underground piping for automatic fire extinguishing systems shall be approved and installed. Plans for an automatic fire extinguishing system shall be approved by the Fire Chief prior to installation. Such systems shall be operational prior to the issuance of a certificate of use and occupancy. 14. The area designated as "Proposed Parking Extension" in Parcel 8 of Tentative Parcel Map No. 86 -229 shall be improved as a parking lot with the following restrictions: (1) If the results of the parking study conducted pursuant to this application determine the immediate necessity of the auxiliary parking area for race course operations, the area shall be improved as a parking lot immediately; (2) If the need for the auxiliary parking area is determined at some future time, the applicant shall maintain the area as a landscaped and irrigated extension of the adjacent golf course until such time as the area is demonstrated to be needed for race course parking. The applicant shall post a good and sufficient bond in an amount and form satisfactory to the City to insure the construction of the auxiliary parking lot; (3) The design of the auxiliary parking lot shall be subject to design review and shall consider the feasibility of incorporating existing natural features such as turf and specimen trees into the layout of the area." 15. The subject Tentative Parcel Map shall be consistent with all provisions and requirements of the Cypress Business and Professional Center Final Subsequent EIR, Specific Plan No. 89 -2, and Development Agreement No. 90 -1.