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Resolution No. 4873252 RESOLUTION NO. 4873 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TENTATIVE PARCEL MAP NO. 97 -197 - WITH CONDITIONS. WHEREAS, an application was made by Warland Investments Company to subdivide one (1) parcel into two (2) parcels located at the southwest corner of Katella Avenue and Warland Drive in the PC-4 Planned Community Business Park Zone; and WHERAS, the City Council considered evidence presented by the applicant, City staff and other interested parties at a duly noted public hearing on November 10, 1997, 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. Subdivision of the existing site into two (2) 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 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 Zoning 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 seq.). NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Tentative Parcel Map No. 97 -197, 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 10th day of November , 1997. MAYOR OF THE CITY OF CYPRESS ATTEST: I C ERK OF THE CITY ITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS I, LILLIAN M. HAINA, that the foregoing Resolution was on the 10th day of November AYES: NOES: 253 City Clerk of the City of Cypress, DO HEREBY CERTIFY duly adopted at a regular meeting of the said City Council held , 1997, by the following roll call vote: 5 COUNCIL MEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Oeal-4.‘ ct,:- 0.\ CITY CLERK OF THE CITY OF CYPRESS 254 EXHIBIT "A" TENTATIVE PARCEL MAP NO. 97 -197 Southwest Corner of Katella Avenue and Warland Drive CONDITIONS OF APPROVAL GENERAL CONDITIONS 1. 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 (§ 21000 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. 2. 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. 3. The applicant /developer shall comply with all 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. 4. 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. 5. FEE REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: • Final Subdivision Map Filing Fee (Per Resolution No. 4001). • Community Development Department • Planning Division • Exhibit "A" Tentative Parcel Map No. 97 -197 Conditions of Approval 255 Page 2 6. Within forty -eight (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 Thirty -Eight Dollars ($38.00) 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 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. FIRE DEPARTMENT CONDITIONS 7. Prior to the issuance of building permits, water improvement plans shall be submitted to and approved by the Fire Chief to ensure adequate fire protection and financial security is posted for the installation. The water system design, location of valves, and the distribution of fire hydrants will be evaluated and approved by the Chief 8. Prior to the issuance of any building permits, the applicant shall submit to the Fire Chief evidence of the onsite fire hydrant system indicating public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of building permits. Provisions shall be made by the applicant for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. 9. Prior to the recordation of a subdivision map, a note shall be placed on the map stating that all structures greater than 6,000 square feet or structures identified by the Fire Chief shall be protected by an automatic fire sprinkler system, in a manner meeting the approval of the Fire Chief. 10. Prior to the recordation of a subdivision map, the applicant shall obtain approval of the Fire Chief of all fire protection access easement s and shall dedicate them to the County /City. The CC &R's shall contain provisions which prohibit obstructions within the fire protection access easement. The approval of the Fire Chief is required for any modifications such as speed bumps, control gates or other changes in within said easement. 11. Prior to the issuance of any grading permits, the applicant shall submit and obtain approval of preliminary plans for all streets and courts, public or private, from the Fire Chief in consultation with the Manager, Traffic Engineering. The plans shall include the plan view, sectional view, and indicate the width measured flow line to flow line. All proposed fire apparatus turnarounds shall be clearly marked when a dead -end street exceeds 150 feet or when other conditions require it. • Community Development Department • Planning Division • 256 Exhibit "A" Tentative Parcel Map No. 97 -197 Conditions of Approval Page 3 12. Prior to the issuance of any grading permits, the applicant shall submit and obtain approval from the Fire Chief for street improvement plans with fire lanes shown. The plans shall Indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. 13. Prior to the issuance of certificate of use and occupancy the approved fire lane marking plan shall be installed. The CC &R's shall contain a fire lane map and provisions which prohibit parking in the fire lanes. A method of enforcement shall be included. 14. Prior to the issuance of any grading permits, the applicant shall submit and obtain the Fire Chief's approval of the construction details for any access gate. Contact the Orange County Fire Authority Plan Review Section at (714) 0403 for a copy of the "Guidelines for Fire Authority Emergency Access". 15. Prior to the approval of any use /site permits for site planning, issuance of any grading permits, or building permits, whichever occurs first, the applicant shall submit to the Fire Chief a list of the quantities of all hazardous, flammable and combustible materials, liquids or gases. These liquid and materials are to be classified according the "Orange County Fire Department Chemical Classification Handout." The submittal shall provide a summary sheet listing each hazard class, the total quantity of chemicals stored per class and the total quantity of chemicals used in that class. All forms of materials are to be converted to units of measure in pounds, gallons and cubic feet. 16. Prior to the issuance of any building permits, an Orange County Fire Authority Water Availability Form shall be submitted to and approved by the Plan Review Section of the Orange County Fire Authority. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system shall be installed in each structure, in a manner meeting the approval of the Fire Chief. 17. Prior to the issuance of any building permits, the applicant shall submit a detailed letter of intended use for each building to the Fire Chief for review and approval. 18. Prior to the approval of a site development/use permit, or the issuance of a building permit, whichever occurs first, the applicant shall submit plans for the review and approval of the Fire Chief. The applicant shall include information on the plans required by the Fire Chief. Contact the Orange County Fire Authority Plans Review Section at (714) 744 -0403 for the Fire Safety Site /Architectural Notes to be placed on the plans. • Community Development Department • Planning Division • Exhibit "A" Tentative Parcel Map No. 97 -197 Conditions of Approval 257 Page 4 19. Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating its location on the street or drive per the Orange County Fire Authority Standard and approved by the Fire Chief. On private property, these markers are to be maintained in good condition by the property owner. Revised 11/12/97 • Community Development Department • Planning Division •