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Resolution No. 390313. RESOLUTION NO. 3903 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TENTATIVE PARCEL MAP NO. 90-245 - WITH CONDITIONS. WHEREAS, an application was made by Fuscoe, Williams, Lindgren and Short to allow the division of one (1) parcel into two (2) parcels located at 4961 Katella 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) 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 130 acre property as PS 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 public/semi-public uses of the subject site including 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 NOW, Council of Parcel Map as Exhibit THEREFORE, BE IT FURTHER RESOLVED that the City the City of Cypress does hereby approve Tentative No. 90-245 subject to the conditions attached hereto A." PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cypress on the 25th day of Ftivary� f 3191. /GniOM MAYOR OF THE CITY OF CYPRESS ATTEST. CITY CLERK 0 Y HE CITY OF CYPRESS 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 25th day of February 1991, by the following roll call vote AYES 5 NOES. 0 ABSENT. 0 COUNCIL MEMBERS. Age, Kerry Nicholson, Partin and Bowman COUNCIL MEMBERS. None COUNCIL MEMBER. None /4YC44-eei CITY CLERK OF THE CITY OF CYPRESS 2 Exhibit "A" Tentative Parcel Map No. 90-245 Conditions of Approval Page 2 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. 5 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 §§ 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 6 The Final Subdivision Map Filing Fee shall be paid (Per Resolution No. 2964) 7 Unless deferred by the Fire Chief to a later time, 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.