Resolution No. 6729246
RESOLUTION NO. 6729
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, APPROVING VESTING TENTATIVE PARCEL
MAP NO. 2017-180 SUBJECT TO CONDITIONS
WHEREAS, an application was made by SRM Cypress, LP, for the approval of a vesting
tentative parcel map to subdivide one parcel into two parcels for the purpose of constructing
two assisted living/memory care buildings and two retail commercial buildings on the property
located at the northeast corner of Katella Avenue and Enterprise Drive (the "Project"); and
WHEREAS, the City Council considered all evidence including that presented by the
applicant, City staff, and other interested parties at a duly noticed public hearing on May 13,
2019, held with respect thereto.
NOW, THEREFORE, the City Council of the City of Cypress does hereby FIND,
DETERMINE, and RESOLVE as follows:
a. Pursuant to Section 25-10(j) of the Cypress Municipal Code and Sections
66474 and 66474.6 of the California Government Code (which are part of the California
Subdivision Map Act), the City Council makes the following findings with respect to Vesting
Tentative Parcel Map No. 2017-180 (the "VTPM") for the Project:
1. The proposed map is consistent with applicable general and specific plans.
2. The design and improvement of the proposed subdivision is consistent with
applicable general and specific plans.
3. The site is physically suitable for the proposed type of development.
The VTPM complies with all applicable requirements of the California Subdivision
Map Act and the Cypress Subdivision Ordinance, as discussed in detail in the prior findings
above.
b. Accordingly, none of the findings set forth in Sections 66474 and 66474.6 of
the California Government Code that would preclude approval of Vesting Tentative Parcel
Map No. 17830 can be made.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Vesting Tentative Parcel Map No. 2017-180 for the Project,
subject to the applicable conditions attached hereto as Exhibit "A".
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting
held on the 13th day of May, 2019.
ATTEST:
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ACTING CI CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
F CYPRESS
I, ALISHA FARNELL, Acting 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 13th day of May, 2019, by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Morales, Peat, and Johnson
NOES: 2 COUNCIL MEMBERS: Yarc and Berry
ABSENT: 0 COUNCIL MEMBERS: None
ACTING stAtLERK OF THE CITY OF CYPRESS
247
EXHIBIT "A"
VESTING TENTATIVE PARCEL MAP NO. 2017-180
NE Corner of Katella Avenue and Enterprise Drive
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
1. General Conditions
1.1. Unless and until the project applicant and property owner sign and return a City -provided
affidavit accepting these conditions of approval, there shall be no entitlement of the
application. The project applicant and property owner shall have 15 calendar days to return
the signed affidavit to the Community Development Department. Failure to do so will render
City Council action on the application void. (Planning)
1.2. The applicant 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 (§ 21000
et seg. - including but not by way of limitation § 21152 and 21167). City shall promptly notify
the applicant of any claim, action, or proceeding brought within this time period. (City
Attorney)
1.3. The applicant's contractor shall provide the City with a Certificate of Insurance on City form
evidencing a comprehensive liability insurance policy with a combined single limit of not less
than $500,000 each occurrence in connection with the work performed. Certificate shall
include the City, its Council, officers, members of boards or commissions and employees as
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 executed by the Named Insured and City, including any act
or omission of employees, agents, subcontractors, or their employees. Such certificate shall
have a 30 day cancellation notice to the City of Cypress. (City Attorney)
1.4. The applicant shall comply with all provisions of the Code of the City of Cypress. (Planning)
1.5. Any and all correction notice(s) generated through the plan check and/or inspection process
is/are hereby incorporated by reference as conditions of approval and shall be fully
complied with by the owner, applicant and all agents thereof. (Planning)
2. Planning — N/A
3. Architectural — N/A
• Community Development Department • Planning Division •
248
Exhibit "A"
Vesting Tentative Parcel Map No. 2017-180
Conditions of Approval
4. Signage — N/A
5. Landscaping — N/A
6. Operational — N/A
7. Property Maintenance — N/A
8. Fees
Page 2
8.1. The applicant shall pay the following fees per Resolution No. 6182, as noted below.
(Engineering)
- Final Subdivision Map Check (Prior to submittal of Map)
8.2. Within 48 hours of the approval of this project, the applicant/developer shall deliver to the
Community Development Department a check payable to the County Clerk -Recorder in the
amount of $50.00 County administrative fee, to enable the City to file the Notice of
Exemption pursuant to Fish and Game Code §711.4 and California Code of Regulations, Title
14, section 753.5. If, within such 48-hour period, the applicant/developer has not delivered to
the Community Development Department the check required above, the approval for the
project granted herein shall be void. (Planning)
9. Engineering
9.1. Prior to recordation of a Parcel Map, the applicant shall not grant any easements over any
property subject to a requirement of dedication or irrevocable offer to the City of Cypress,
unless such easements are expressly made subordinate to the easements to be offered for
dedication to the City. Prior to granting any of said easements, the subdivider shall furnish a
copy of the proposed easement to the City Engineer for review and approval. Further, a copy
of the approved easement shall be furnished to the City Planner. (Engineering)
10. Landscaping within the Public Right -of -Way — N/A
11. Sewer and Wastewater — N/A
12. Street Trees — N/A
13. Street Lighting — N/A
14. Streets
14.1. Prior to the recordation of a subdivision map, the applicant shall reference on the subdivision
map any parcels affected by two-way reciprocal access, joint drainage, joint irrigation, joint
use and parking easements etc., and place a note on the final map reserving the easement for
the benefit of applicable parcels on the map, in a manner meeting the approval of the City
Engineer in consultation with the City Planner. (Engineering)
• Community Development Department • Planning Division •
249
Exhibit "A"
Vesting Tentative Parcel Map No. 2017-180
Conditions of Approval
15. Subdivisions — N/A
16. Traffic — N/A
17. Utilities — N/A
18. Drainage — N/A
19. Storm Water Quality — N/A
20. Building and Safety — N/A
21. Security — N/A
22. Antennas — N/A
23. Alcohol — On Sale — N/A
24. Alcohol - Off Sale — N/A
25. Fire — N/A
26. Solid Waste — N/A
Effective: 5-13-2019
SECTIONS
1. General
2. Planning
3. Architectural
4. Signage
5. Landscaping
6. Operational
7. Property Maintenance
8. Fees
9. Engineering
10. Landscaping in the Public Right -of -Way
11. Sewer and Wastewater
12. Street Trees
13. Street Lighting
14. Streets
15. Subdivisions
16. Traffic
17. Utilities
Page 3
• Community Development Department • Planning Division •
250
Exhibit "A"
Vesting Tentative Parcel Map No. 2017-180
Conditions of Approval
18. Drainage
19. Storm Water Quality
20. Building & Safety
21. Security
22. Antennas
23. Alcohol — On Sale
24. Alcohol — Off Sale
25. Fire
26. Solid Waste
Page 4
• Community Development Department • Planning Division •