Resolution No. 5071477
RESOLUTION NO. 5071
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
TENTATIVE TRACT MAP NO. 15754, AS REVISED, WITH CONDITIONS.
WHEREAS, a revised Vesting Tentative Tract Map was submitted by The Olson
Company to subdivide six (6) properties into thirty -three (33) properties located at the north end
of Gay and Denni Streets in the City of Cypress.
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 March 15, 1999
with respect thereto.
NOW, THEREFORE, the City Council of the City of Cypress DOES HEREBY
RESOLVE that:
1. The proposed revised 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 properties into thirty-three (33)
properties and the dedication of the streets conform with the basic intent of the Land Use Element
of the City's General Plan.
2. The subdivision, as designated on the revised tentative tract 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 site 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 subject site in conformance with
the Cypress Municipal Code.
3. The subject revised tract 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 revised tentative tract map can be made.
5. The City Council finds that there are exceptional or special circumstances
that justify a reduced street width from forty feet (40') curb to curb down to thirty-six feet (36')
curb to curb for the public streets.
6. 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 having jurisdiction over the proposed subdivision
pursuant to the provision of Division 7 of the California Water Code (Sections 13000 et Leg).
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Cypress DOES
HEREBY APPROVE Tentative Tract Map No. 15754 as revised, subject to the conditions
attached hereto as Exhibit "A".
PASSED AND ADOPTED by the City Council of the City of Cypress at an adjourned
regular meeting held on the 15th day of March , 1999.
(41A
MAYOR OF THE CITY OF CYPRESS
478
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
I, LILLIAN M. HAINA, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Resolution was duly adopted at an adjourned regular meeting of the said City
Council held on the 15th day of March , 1999, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Piercy, Sondhi
and Keenan
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
479
EXHIBIT "B"
Tentative Tract Map No. 15754
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. The tract map shall be recorded prior to the issuance of
Building Division permits.
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 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 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. Drainage shall be solved to the satisfaction of the City Engineer. A grading and drainage
plan, in ink on Mylar, signed by a registered California civil engineer and using actual
grades from an Orange County Surveyor's Benchmark shall be submitted for approval by
the City Engineer. A topography of the area surrounding this development shall be made
to establish existing drainage flow patterns. If the existing natural flow of any adjoing
parcel is across the land of this development, a drainage easement shall be granted and
drainage facilities provided for that property to the satisfaction of the City Engineer. All
onsite drainage conveyed to the street shall be by means of an under - sidewalk drain. All
lots shall have a slope gradient of one percent (1 %) minimum in landscape areas. In
parking areas, AC shall have a minimum slope gradient of one and one -half percent
(1.5%) or as approved by the City Engineer, and concrete shall have a minimum slope
gradient of two - tenths percent. (.2 %).
• Community Development Department • Planning Division •
480
Exhibit "B" Page 2
Tentative Tract Map No. 15754
Conditions of Approval
5. Where an existing block wall is removed, the Developer shall provide suitable temporary
fencing for all adjacent properties during construction of the perimeter walls. A retaining
wall per City standards shall be constructed at the property line where the finish grade
difference is greater than twelve inches (12 ") as measured from the highest adjacent
grade. A six-inch (6 ") concrete curb shall be constructed per City standards to protect all
block walls and structures exposed to vehicular traffic. Grade separation shall not exceed
two feet (2') between two adjacent properties.
6. Installation of Cable T.V. shall be subject to the City Ordinance No. 726. Prior to
construction, the developer shall contact Media One (Phone (310) 259 -2117) or Time
Warner Communications (Phone (714) 895- 8686), whichever is applicable to the area, for
specifications and procedures for prewire of the building and installation of the service
wiring. Necessary permits shall be obtained at the City.
7. The developer shall provide mailbox facilities for each residence, to the satisfaction of the
Director of Public Works, the Community Development Director, and the Postmaster.
8. 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.
9. The quantity, location, width, and type of driveways shall be subject to the approval of
the City Engineer. 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.
10. All utility services shall be underground. Trenching and backfill in streets shall be per
City of Cypress Standard No. 110. Arterials shall be crossed by boring only. In City
streets lateral open cuts spaced within twenty feet (20') of each other shall be covered
with a one inch (1") continuous A.C. cap.
11. Streets shall be dedicated and fully improved with curb, gutter, sidewalk, driveway,
paving, etc. in accordance with the City's Code requirements of Streets. Streets shall
have a total right -of -way width of between forty-four (44) to forty-eight (48) feet. Curb
returns at street intersections shall have a radius of twenty five feet (25').
12. Street trees (15 gallon) fifty -two feet (52') on center shall be installed in back of public
sidewalk in conformance to the street tree policy of the Public Works Department and
shall be incorporated with the onsite landscape plan. The type of trees shall be as
required by the City's Street Tree Ordinance. Landscaping in Public Right -of -Way shall
be maintained by the developer. For landscaping within the public right -of -way, a
landscape and irrigation plan shall be submitted for approval by the City and a bond
posted by the applicant to guarantee against any defects in plant materials and
workmanship. A soils report for all planting areas, prepared by a qualified agricultural
laboratory, shall be submitted to the Public Works Department for approval at least thirty
(30) days prior to the planting date. Test results shall include concentration of nitrogen,
phosphorus, potassium, ph, salinity, sodium status, and boron saturation extract.
Additionally, an agreement shall be executed by the developer to provide for ongoing
maintenance
• Community Development Department • Planning Division •
Exhibit "B"
Tentative Tract Map No. 15754
Conditions of Approval
Page 3
481
13. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer
laterals connecting existing buildings at this property shall be plugged at the property line.
14. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Final Subdivision Map Filing Fee (Per Resolution 4001).
• Engineering Plan Check & Inspection Fee (Per Resolution 2964).
• Park and Recreation Fee (Per Ordinance No. 769)
• City-wide Traffic Improvement Fee (Per Resolution 4348 and current fee
Resolution).
• Regional Traffic Improvement Fee (Per Resolution No. 4400)
• Sanitary Sewer Connection Fee (Per Orange County Sanitation District, No. 3,
Resolution 308).
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• Drainage Fee for Master Drainage Plan (Per Resolution 2287)
• All applicable Building Division fees.
15. 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 Thirty-eight Dollars ($38.00) 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 3/15/99
• Community Development Department • Planning Division •