Resolution No. 4473 304
RESOLUTION NO. 4473
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
TENTATIVE PARCEL MAP NO. 95-121 - WITH CONDITIONS
WHEREAS, an application was made by QBH Partners to merge three (3)parcels
into one (1) located at 8731-8735 Belmont Street, 4771 Merten Avenue, and 8732-8736 Sumner
Place; and
WHEREAS, the City Council considered evidence presented by the applicant, City
staff and other interested parties at a duly noticed public hearing on April 24, 1995, 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:
a. Specific land approvals will be granted in accordance with the
Zoning Code of the City of Cypress. Merging of the existing three (3) parcels
conforms 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 parcel map and supplemented by the conditions listed 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 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 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 which
would preclude approval of this tentative parcel map can be made.
5. The discharge of waste from the proposed subdivision into the existing
community sewer 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 se .).
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of
the City of Cypress does hereby approve Tentative Parcel Map No. 95-121, 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 24th day of April , 1995.
I"
AYOR OF THE CITY 6` CYPRESS
ATTEST:
(4/4
CITY CLERK OF HE CIT OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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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 24th day of April , 1995, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bowman, Carroll, Jones and Age
NOES: 1 COUNCIL MEMBERS: Kerry
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK THE ITY OF CYPRESS
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EXHIBIT "A"
TENTATIVE PARCEL MAP NO. 95-121
CONDITIONS OF APPROVAL
ENGINEERING DEPARTMENT
1. The developer shall conform to all applicable provisions of the Code of the City of
Cypress. 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 Building Department Permits.
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, irrigation system, etc.
3. The developer shall provide adequate "No Parking" controls within the development and
appropriate "No Parking - Fire Lane" signs shall be installed along Merten Avenue per
California Vehicle Code #22658, to the satisfaction of the City Engineer, and County
Fire Marshal. The developer of this project shall provide adequate speed control within
the development to the satisfaction of the City Engineer. Onsite traffic circulation shall
be subject to the approval of the City Engineer.
4. The quantity, location, width, and type of driveways shall be subject to the approval of
the City Engineer. An effective sight distance for vehicular traffic shall be maintained
at the intersection of the driveway entrances with Merten Avenue. No landscaping in
excess of three feet (3') high will be allowed in the area of the curb returns. Adequate
sight distance also shall be maintained within the development at all driveway
intersections to the satisfaction of the City Engineer.
5. All existing public improvements at the development site which are damaged due to
construction, cracked, or otherwise below standard, shall be removed and replaced to the
satisfaction of the City Engineer.
6. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Final Subdivision Map Filing Fee (Per Resolution No. 2964).
• All applicable Building Department fees.
PLANNING DEPARTMENT
7. 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,
Community Development Department • Planning Division
307
Exhibit "A" Page 2
Tentative Parcel Map No. 95-121
Conditions of Approval
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 semc . - 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.
8. 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 4/24/95
Community Development Department • Planning Division