Resolution No. 5861246
RESOLUTION NO. 5861
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
TENTATIVE PARCEL MAP NO. 2004 -299, WITH CONDITIONS.
WHEREAS, an application was made by Mr. & Mrs. Robert and Susanne Briant, to
subdivide one (1) property into two (2) properties at 8362 Gay Street, within the RS -6,000
Residential Single - Family Zone; 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 13, 2005, with
respect thereto.
NOW, THEREFORE, the City Council of the City of Cypress DOES HEREBY RESOLVE
that:
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. Subdividing the subject property into two (2) individual
properties 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 Zoning Code,
which allows the subdivision of land for single - family residential purposes.
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).
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Cypress
DOES HEREBY APPROVE Tentative Parcel Map No. 2004 -299, subject to the 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 June, 2005.
W1-41//4L,
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
I, JILL R. GUERTIN, 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 June, 2005, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, McCoy, Seymore, Sondhi and McGill
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
TY CI FR OF THE CITY OF CYPRESS
247
248
EXHIBIT "A"
Tentative Parcel Map No. 2004 -299
8362 Gay Street
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
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
shall be satisfied. A Parcel Map shall be recorded with the County prior to the issuance of
building permits for Parcel 1.
2. 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 sue. - 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.
3. 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.
4. 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.
5. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Final Subdivision Map Filing Fee (Per Resolution 4001).
• Community Development Department • Planning Division •
249
Exhibit "A"
Tentative Parcel Map No. 2004 -299
Conditions of Approval
Page 2
6. 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 Forty -Three Dollars ($43.00) 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 -13 -2005
• Community Development Department • Planning Division •