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Resolution No. 4013RESOLUTION NO. 4013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TENTATIVE PARCEL MAP NO. 91-142 WITH CONDITIONS. WHEREAS, an application was made by the Cypress Redevelopment Agency to divide an existing 5 acre parcel into two (2) parcels containing 2.6 and 2.4 acres each on property located 9031 Grindlay. 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) The proposed land division will permit the future development of a senior center and senior housing which is consistent with the objectives of the Land Use Element. (b) The proposed subdivision is consistent with all provisions of the City's Subdivision Ordinance and the State Subdivision Map Act. 2. The design and improvement of the proposed development are compatible with the objectives, policies, general land uses and programs specified in the General Plan of the City of Cypress in that: (a) The subject property shall be improved in conformance with present zoning and all applicable ordinances in effect at the time this map is recorded with the County of Orange. All necessary utility services shall be provided to the property in conformance with the Cypress Municipal Code. 3. The subject parcel map complies with all requirements of the California Subdivision Map Act and the Cypress Subdivision Ordinance. 4. None of the findings set forth in Government Code Section 66474 can be made. 5. 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 aeq.). 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 THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Tentative Parcel Map No. 91-142, 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 12th day of November 1991. MAYOR OF THE OF CYPRESS 1 M ATTEST ii J� 7n :icry CITY I:LERK -r 6f?+HE CYI'Y 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 12th day of November 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 MEMBERS: None / »> tet' CITY CLERK OF THE CITY OF CYPRESS J EXHIBIT "A TENTATIVE PARCEL MAP NO. 91-142 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. 91-142 shall be recorded prior to issuance of Certificate of Occupancy 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, onsite parking with existing senior housing and ingress/egress access to proposed senior housing on Parcel 2, etc. An easement for ingress/egress and emergency vehicle access in favor of Parcel 2 shall be granted by Parcel 1. Existing emergency vehicle access on Parcels 1 and 2 shall be abandoned on Final Parcel Map 91-142, as directed by the City Engineer and the Orange County Fire Marshal. 3. All applicable conditions of approval for Conditional Use Permit No. 91-13, Project 9033, shall be considered to be a part of conditions of approval for Parcel Map 91 142 as though attached hereto. 4. 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 .el 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 fullyin the defense of the action and should the City fail to either promptly notifor cooperate fully, developer shall not thereafter be responsible to defend, indemnify, or hold harmless the City. 5. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: Final Subdivision Map Filing Fee (Per Resolution 2964). 6. 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. Exhibit A Tentative Parcel Map No. 91 142 Conditibrfsjof Approval Page 2 7 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. 8. 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. 9. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall deliver to the Planning Department a check payable to the County Clerk in the amount of Twenty -Five Dollars ($25.00) County administrative fee, to enable the City to file the Certificate of Fee Exemption in accordance with Fish and Game Code Section 753.5 with the Notice of Determination required under Public Resources Code Section 21152 and Title 14 of the California Code of Regulations. 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 10/28/91