Resolution No. 3896RESOLUTION NO. 3896
13 •
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
TENTATIVE PARCEL MAP NO. 90-400 - WITH CONDITIONS.
WHEREAS, an application was made by Shuwa Investment
Corporation to subdivide one (1) parcel into two (2) for business
park development located at the northwest corner of Douglas Drive
and Plaza Drive; 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 16 12 acre property
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
McDonnell Plaza Specific Plan PC -3 Planned Community
Business Park Zone
3. The design and improvement of the proposed subdivision
as designated on the tentative parcel map and supplemented by the
conditions set forth 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 and the related Specific Plan in
that
(a) The subject property shall be improved in
conformance with the present zoning and all applicable
ordinances in effect at the time this map 1s recorded with
the County of Orange All necessary utility services shall
be provided to the property in conformance with the Cypress
Municipal Code
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
1a^
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City
Council of the City of Cypress does hereby approve Tentative
Parcel Map No. 90-400, 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 11 t6 day of Fe ruary 1991
M!A/YOR 0 T E CCryIMTTYY OF CYPRESS
ATTEST -
/
C („4 -
ii(
CITY CLERK OF E 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 lith day
of February 1991, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS. Age, Kerry Nicholson, Partin
and Bowman
NOES. 0 COUNCIL MEMBERS: None
ABSENT- 0 COUNCIL MEMBER. None
/tro;/.Jrii t
CI'I�Y CLERK OF THE CITY OF CYPRESS
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103
EXHIBIT 'A"
TENTATIVE PARCEL MAP 90-400
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 Transportation Systems Management (TSM) measures shall be
encouraged for all developments in the Business Park. 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
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
Exhibit A
Tentative Parcel Map No, 90-400
Cont6tions of Approval
Page 2
3. The developer 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
including actions approved by the voters of the City
concerning the project, which action is brought within the
time period provided in Government Code Section 66499 37 and
Public Resources Code, Division 13, CH. 4 (% 2100 et seq. -
including but not by way of limitation gg 21152 and 21167)
City shall promptly notify the developer 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 developer shall not thereafter be
responsible to defend, indemnify or hold harmless the City
4 The Final Subdivision Map filing fee, per Resolution 2964
shall be paid.
5 All requirements of the State Subdivision Map Act, and the
City s Subdivision Ordinance and Zoning Ordinance shall be
satisfied. A parcel map shall be recorded prior to issuance
of a building permit
6 The applicant shall comply with all provisions of the City
Code
7 Prior to the recordation of a final tract 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
8 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 and access roads
shall be in place and operational to meet required fire -flow
prior to commencing construction with combustible materials
9 Prior to the issuance of any certificates of use and
occupancy all fire hydrants shall have a Blue Reflective
Pavement Marker indicating its location on the street or
drive per Orange County Fire Department Standard. On
private property these markers are to be maintained in good
condition by the property owner
Exhibit A
Tentative Parcel Map No. 90-400
Conditions of Approval
Page 3
10. Within forty-eight (48) hours of the approval of the
project, the applicant/developer shall deliver to the
Planning Department a check payable to the County Clerk in
the amount of One -Thousand -Two -Hundred -Seventy -Five Dollars
($1 275 00) which includes the One -Thousand -Two -Hundred -
Fifty Dollars ($1 250 00) fee required by Fish and Game Code
Section 711 4(d)(2) plus the Twenty -Five Dollar ($25 00)
County administrative fee, to enable the City to file the
Notice of Determination required under Public Resources Code
Section 21152 and 14 Cal Code of Regulations 15075 If
within such forty-eight (48) hour period the
applicant/developer has not delivered to the Planning
Department the check required above the approval for the
project granted herein shall be void.
Effective 1/28/91