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Resolution No. 2749420 RESOLUTION NO. 2749 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TENTATIVE TRACT NO. 12149 - WITH CONDITIONS. WHEREAS, an Application was made by Jack Schwartz to subdivide a .54 acre site into 11 lots for the purpose of constructing a 10 -unit residential condo- minium project on property generally located at 9042 Moody 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 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: Land use approval is granted in accordance with a conditional use permit which permitted construction of the 10 condominium units. Subdivision of the existing buildings into condominiums conform 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 have been 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 system shall not result in a violation of the existing require- ments 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. 12149, subject to the following conditions: 1. All conditions of approval imposed for Conditional Use Permit No. 84-1, as outlined in Exhibit "A" attached, are hereby included within the approval of Tentative Tract Map No. 12149. 2. All requirements of the State of California Subdivision Map Act shall be complied with prior to the ultimate sale of any condominium space. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 27th day of February 1984. ATTEST: CITY CLER OF THE C OF PRESS MAYOR OF THE CITY OF CYPRESS 421 STATE OF CALIFORNIA ) SS 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 1984; by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Kanel, Lacayo, and Partin NOES: 0 COUNCIL MEMBERS: None ABSTAINED: 1 COUNCIL MEMBERS: Coronado ABSENT: 1 COUNCIL MEMBERS: Mullen CITY CLERK OFef ITY oY PRESS 2 422 EXIHIBIT "A" CONDITIONAL USE PERMIT NO. 84-1 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 shall be satisfied. A condominium Tract Map shall be recorded prior to certificate of occupancy being issued. 2. Parcel Map 83-1121 shall be completed prior to certificate of occupancy. The Parcel Map must be revised to include carwash exit. drive to Moody • Street as part of Parcel 1 (carwash parcel). 3. The carwash property shall grant a private easement for sewer and drainage purposes in. favor of Parcel 2 (the condominium property) if required. 4. Drainage shall be Solved to the satisfaction of the City Engineer. A grading plan, iii ink on mylar, signed by a registered engineer and using actual grades from an Orange County surveyor's benchmark shall be submitted for approval. In parking area, AC shall have a minimum slope gradient of two percent (2%), and concrete shall have a minimum slope gradient of two-tenths percent (.2%). 5. The trash enclosure for the development shall be located adjacent to the north property line with access gates for disposal trucks to open onto the carwash property. An access easement to the trash enclosure shall be provided subject to the approval of City staff. 6. A maintenance agreement by and between the carwash property and condo - minimum property shall cover maintenance of the sewer line on the carwash exit drive if required. 7. A minimum six-foot (6') high block wall, measured from the highest adjacent grade, shall be constructed along the north and south property lines. A retaining wall per City standards shall be constructed at the property line where the grade difference is greater than twelve inches (12"). 8. The developer shall provide adequate "No Parking" controls within the development to the satisfaction of the City Engineer. "No Parking" controls shall be included in the conditions, covenants and restrictions of this development. In addition, the developer shall cooperate with the City and take all steps necessary to permit the City to enforce the provisions of the California Vehicle Code along the private drives as provided by Section 21107.7 of the California Vehicle Code. 9. "No Parking - Fire Lane" signs shall be installed along the driveway per California Vehicle Code No. 22658, to the satisfaction of the City Engineer, Building Department Superintendent, and County Fire Marshall. 423 - 2 - 10. A landscape and irrigation plan shall be submitted for approval by the City and a bond posted by the applicant to guarantee against any detects in plant materials and workmanship. A soils report for all planting are;,, by a qualified agricultural laboratory, shall be sub- mitted to the Public Works Department for approval at least thirty (30) days prier to planting elate. Test results shall include concen- tration of nitrogen, phosphorus, potassium, p11, salinity, sodium status, and boron saturation extract. 11. Wheelchaii and handicap access facilities shall he installed onsite in accord:ince with State of California and City of Cypress Building Department standards. 12. Onsite se:urity lighting shall be arranged so that direct rays will not ,hire on adjacent properties or produce glare for street traffic. All root iaounted equipment, such as heating and air conditioning units, shall be .,decivately screened from public view, subject to the approval of the City staff. 13. 'Ihe developer shall provide mailbox facilities for each residence, to the satisfaction of the Public Works Director, Planning Director, and Postmaster. 14. I'he garage floor and approach apron shall be constructed of Portland Cement concrete. The garage area shall have srcurity lighting to the satisfaction of the Building Superintendent. 15. A copy of the conditions, covenants, and restrictions (C, C, $ R's) covering the development shall he submitted to the City staff and Cit;. attorney for their review, recommendations, and approval to assure the continuance, maintenance, applicability and enforceability of the c, c:, f, R's so that the development will not become a liability to the (:its .,t ,r later date. 16. A11 existing public improvements at the development site which are damaged, cracked, or otherwise below standard, shall be removed and replaced to the satisfaction of the City Engineer. 17. :A11 secondary and primary utility services shall be underground. The street in front of this development shall be resurfaced with one inch (1") minimum thickness asphalt concrete cap from curb to curb if it is necessary to open cut the street in more than one place. Any open cut shall he backfilled per City of Cypress Standard No. 110. 18. Where necessary, street name signs and traffic signs shall be installed per City Standards. Necessary fire -hydrants shall be installed in accordance with Fire Department requirements and City Standards. 19. Street trees (15 gallon) forty feet (40') on center shall be installed along streets in back of sidewalk in conformance to the street tree policy of the Public Works Department. The type of trees shall be as required under the Townscape and Urban Design Element of the General Plan. a�yq- A 424 - 3 - 20. Final building elevations which indicate specific construction materials and color schemes shall be submitted to the Planning Department for review and approval prior to the issuance of building permits. 21. Developer shall provide the City with a Certificate of Insurance evi- dencing a comprehensive liability insurance policy(s) with a combined single limit of not less than $500,000 each occurrence in connection with the work performed. Certificate shall include the City as additional insured. Policy shall include the City, its Council, officers, members of hoards or commissions and employees arc hereby declared to be additional Named Insureds with respect to all claims, actions, damages, liabilities and expenses, including attorney's fees, arising out of or in connection with the work to be performed under the development exe- cuted by the Named Insured and City, including any act or omission of employees, agents, subcontractors, or their employees. Such certifi- cate shall have a thirty (30) day cancellation notice to the City of Cypress 22. Fees required for improvements are as follows: a. Final subdivision map filing fee (per Resolution No. 1713). h. Recreation and Parks fee (per Cypress Subdivision Ordinance). c. Sanitary sewer connection fec (per Orange County Sanitation I►istrict, No. 3, Resolution No. 303). d. (trading permit fec (per Section 7007 Uniform Building Code). c. Developer's Tax ($50.00 per unit). f. All applicable Building Department fees.