Resolution No. 6262RESOLUTION NO. 6262
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
TENTATIVE PARCEL MAP NO. 2011 -109 - WITH CONDITIONS.
WHEREAS, an application was made by Cypress GC, LLC to subdivide two (2)
parcels into three (3) parcels on the property located north of Katella Avenue between
Enterprise Drive and Siboney Street within the PBP Planned Business Park and PS
Public and Semi - Public Zones; and
WHEREAS, the City Council of the City of Cypress considered evidence presented
by the applicant, City staff and other interested parties at a Public Hearing held on June
27, 2011, with respect thereto.
NOW, THEREFORE, the City Council of the City of Cypress DOES HEREBY
RESOLVE that:
1. The proposed Tentative Parcel 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. Subdividing the subject property into three (3)
parcels conforms with the basic intent of the Land Use Element of the City's General
Plan.
2. The 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 parcel map is consistent with the Cypress
Business & Professional Center Specific Plan, which allows office, commercial, industrial,
and public uses within designated areas of the subject site.
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 should 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 provision of Division 7 of the California Water
Code (Sections 13000 et seq).
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of
Cypress DOES HEREBY APPROVE Tentative Parcel Map No. 2011 -109, subject to the
conditions attached hereto as Exhibit "A ".
PASSED AND ADOPTED by the City Counci of he Cit of Cypress at a regular
meeting held on the 27th day of June, 2011.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
MAY R HE CITY OF CYPRESS
457
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
458
I, DENISE BASHAM, 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 27th day of June, 2011, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bailey, Luebben, Narain and Seymore
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Mills
CITY CLERK OF THE CITY OF CYPRESS
459
EXHIBIT "A"
Tentative Parcel Map No. 2011 -109
North East Corner of Katella Avenue and Enterprise Drive
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
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
fifteen (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.
2. All requirements of the State Subdivision Map Act, and the City's Subdivision
Ordinance shall be satisfied. A Parcel Map shall be recorded prior to issuance of
Building Permits.
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 § 21152 and 21167). City shall promptly
notify the developer of any claim, action, or proceeding brought within this time
period.
4. The developer'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 thirty (30) day cancellation notice to the City of Cypress.
5. Applicant/developer shall obtain the required permits and comply with the
applicable provisions of the 2010 California Residential, Building, Plumbing,
Electrical, and Mechanical Codes, the 2010 California Administrative Code, Title
24, and the Code of the City of Cypress.
• Community Development Department • Planning Division •
460
Exhibit "A"
Tentative Parcel Map No. 2011 -109
Conditions of Approval
Page 2
6. Upon separate ownership of parcels, reciprocal easements shall be recorded and
agreements filed with the City and County governing joint use and maintenance of
drive approaches, drainage, onsite parking, irrigation system, sewer, etc.
7. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Final Subdivision Map Filing Fee (Per Resolution 4001).
8. Within forty -eight (48) hours of the approval of the project, the applicant/developer
shall deliver to the Community Development Department a check payable to the
County Clerk Recorder in the amount of Fifty Dollars ($50.00) County
administrative fee, to enable the City to file the Notice of Determination required
under Public Resources Code Section 21152. If within such forty -eight (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.
Effective: 6 -27 -2011
• Community Development Department • Planning Division •