Resolution No. 6551RESOLUTION NO. 6551
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING VESTING TENTATIVE TRACT MAP NO. 17917
— WITH CONDITIONS.
WHEREAS, an application was originally filed for a vesting tentative tract map to allow the
combining of two existing parcels to create a one -lot subdivision for condominium purposes on
the properties located at 5300 and 5400 Orange Avenue, within the OP /CC Office
Professional /Civic Center Overlay Combining Zone, in the City of Cypress; and
WHEREAS, the applicant also filed for an application for a conditional use permit in
accordance with the provisions of Section 4.19.070 of the Zoning Ordinance of the City of
Cypress to allow the construction of 66 two and three story residential condominium units on the
property located at 5300 and 5400 Orange Avenue within the OP /CC Office Professional /Civic
Center Overlay Combining 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 January 11, 2016,
with respect thereto; and
WHEREAS, the City Council of the City of Cypress was unable to approve the concurrent
application for conditional use permit for the project as originally proposed, and denied the
application for conditional use permit, without prejudice, but conditionally did so in a manner to
allow the applicant to return to the City Council within 120 days with a revised project that would
address design, neighborhood compatibility, and other public health, safety and welfare
concerns; and
WHEREAS, the use contemplated as part of the vesting tentative tract map would require
a conditional use permit, which was denied as noted above; and
WHEREAS, the City Council of the City of Cypress also conditionally denied the
application for Vesting Tentative Tract Map No. 17917 as originally proposed, without prejudice,
but conditionally did so in a manner to allow the applicant to present a revised project addressing
a design, neighborhood compatibility, integration, and other issues for reconsideration for
approval by the Council within 120 days.
WHEREAS, the applicant submitted a revised project to the Director of Community
Development for the project within 120 days of the conditional denial; and
WHEREAS, the concurrent application for conditional use permit proposes a revised
project with 52 residential condominium units that are two stories in height (no three story
buildings); and
WHEREAS, the revised project is more compatible with the neighborhood; and
WHEREAS, the Director of Community Development has set Vesting Tentative Tract
Map No. 17917 for hearing before the City Council for consideration of approval as directed by
Resolution No. 6544; and
WHEREAS, the City Council, after proper notice thereof, duly held a public hearing on
said application as provided by law, and has considered all evidence presented.
NOW, THEREFORE, the CITY COUNCIL of the CITY of CYPRESS, CALIFORNIA, does
hereby FIND, RESOLVE, DETERMINE, and ORDER, based upon substantial evidence taken
from the administrative record and at the public hearing, AS FOLLOWS:
1. The proposed vesting tentative tract map, along with its design and
improvement, is consistent with the objectives, policies, general land uses, and programs
specified in the General Plan of the City of Cypress, including that:
a. Specific land approvals will be granted in accordance with the Zoning Code
of the City of Cypress. Creating the one -lot subdivision for residential purposes conforms
to the intent of the Land Use Element of the City's General Plan.
2. The subject site shall be improved in conformance with the proposed
zoning and all applicable ordinances in effect at the time the vesting tentative tract 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.
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3. The subject vesting tentative tract map complies with all requirements of257
the California Subdivision Map Act, and Chapter 25 (Subdivisions) of the Cypress Municipal
Code.
4. None of the findings set forth in Government Code Section 66474, which
would preclude approval of the vesting tentative tract map, can be made. Specifically, no
findings can be made:
a. That the proposed map is not consistent with applicable general and
specific plans as specified in Government Code Section 65451.
b. That the design or improvement of the proposed subdivision is not
consistent with applicable general and specific plans.
c. That the site is not physically suitable for the type of development.
d. That the site is not physically suitable for the proposed density of
development.
e. That the design of the subdivision or the proposed improvements are likely
to cause substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat.
f. That the design of the subdivision or type of improvements is likely to
cause serious public health problems.
g. That the design of the subdivision or the type of improvements will conflict
with easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision as described in Government Code Section 66474(g).
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 provision of Division 7 of the California Water Code (Sections 13000 et seq.).
6. City Council of the City of Cypress has already assessed and considered
environmental findings for the entire project, and has concurrently determined, as part of its
approval of Conditional Use Permit No. 3034, a Class 32 Categorical Exemption under CEQA
applies to this project.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Cypress
DOES HEREBY APPROVE Vesting Tentative Tract Map No. 17917, subject to the conditions
attached hereto as Exhibit "A ".
Any challenge to this Resolution, and the findings set forth therein, must be filed within the
90 day statute of limitations set forth in Code of Civil Procedure 1094.6.
PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular
meeting held on the 22nd day of February, 2016.
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MAYO OF THE CITY OF PRESS
ATTEST:
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CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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 22nd day of February, 2016, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Johnson, Peat, Morales and Yarc
NOES: 1 COUNCIL MEMBERS: Berry
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS