Resolution No. 4639462
RESOLUTION NO. 4639
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
TENTATIVE PARCEL MAP NO. 96 -121 - WITH CONDITIONS
WHEREAS, an application was made by Cypress Development to allow the division of three
(3) parcels into nine (9) parcels located at the northwest corner of Katella Avenue and Walker
Street, within the PBP Planned Business Park Zone and the PS Public and Semi - public Zone;
and
WHEREAS, the City Council considered evidence presented by the applicant, City staff and
other interested parties at a public meeting 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 use approvals will be granted at a future date in
accordance with design review approval. Subdivision of the existing site into
parcels conforms with the basic intent of the Land Use Element of the City's
General Plan.
2. The proposed map is compatible with the objectives, policies, general land
uses and programs specified in related Specific Plans of the City of Cypress in that:
a. The subject parcel map is consistent with the Cypress Business and
Professional Center Specific Plan, which provides for office professional,
business park, and public /semi - public land uses within designated areas of the
subject site.
3. The design and improvement of the proposed subdivision as designated on
the tentative parcel map and supplemented by the conditions listed on 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. All required public improvements will be installed according to the
conditions and mitigation measures adopted as part of the Cypress Business and
Professional Center Final Subsequent Environmental Impact Report. The public
improvements will also be consistent with the City of Cypress General Plan.
4. The subject parcel map complies with all requirements of the California
Subdivision Map Act and the Cypress Subdivision Ordinance.
5. None of the findings set forth in Government Code Section 66474 can be
made.
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 Board having jurisdiction over the proposed
subdivision pursuant to the provisions of Division 7 of the California Water Code (Sections
13000 et seg.).
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of
the City of Cypress does hereby approve Tentative Parcel Map No. 96 -121, subject to the
conditions attached hereto as Exhibit "A."
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cypress on the 28th day of May , 1996.
MAYOR OF THE
ATTEST:
4-1.„,
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF CYPRESS
I, LILLIAN M. HAINA, 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 28th day of May , 1996, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Age, Carroll, Jones and Bowman
NOES: O COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAINED: 1 COUNCIL MEMBERS: Kerry
2
CITY CLERK OF THE CITY OF CYPRESS
463
464
EXHIBIT "A"
TENTATIVE PARCEL MAP NO. 96 -121
CONDITIONS OF APPROVAL
* Denotes conditions which are specific to this project.
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 (§ 2100 et seg. - 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 developers 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.
4. 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 Certificate of Fee Exemption in accordance with Fish and Game
Code Section 753.5 with the Notice of Determination required under Public Resources
Code Section 21152 and Title 14 of the California Code of Regulations. 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.
• Community Development Department • Planning Division •
465
Exhibit "A"
Tentative Parcel Map No. 96 -121
Conditions of Approval
ENGINEERING CONDITIONS
Page 2
5. 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
Department Permits.
6. 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.
7. Drainage shall be solved to the satisfaction of the City Engineer. A drainage fee shall be
required if drainage cannot be retained onsite. Any impact to offsite drainage facilities
will trigger payment of drainage fees for the entire site. A grading 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. A topography of the area
surrounding this development shall be made to establish existing drainage flow patterns.
If the existing natural flow of any adjoining 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 %).
8. The developer shall provide adequate "No Parking" controls within the development and
appropriate "No Parking - Fire Lane" signs shall be installed along Katella Avenue and
Walker Street per California Vehicle Code #22658, to the satisfaction of the City
Engineer, and County Fire Marshal. The developer of this project shall provide adequate
speed control within the development to the satisfaction of the City Engineer. Onsite
traffic circulation shall be subject to the approval of the City Engineer.
9. Wheelchair and handicapped access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Public Works Department
standards.
10. 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.
11. Katella Avenue, Walker Street, and the proposed "Public Street" shall be dedicated and
fully improved with curb, gutter, sidewalk, driveway, paving, etc., in accordance with the
• Community Development Department • Planning Division •
466
Exhibit "A"
Tentative Parcel Map No. 96 -121
Conditions of Approval
Page 3
City's Code requirement of Streets. Katella Avenue shall be fully improved with an
eight -foot (8') wide sidewalk (in back of curb), and "public Street shall be fully improved
with a six -foot (6') wide sidewalk (back of curb). Katella Avenue shall have a total right -
of -way width of 130 feet which includes an additional five -foot (5') wide tree planting,
and public utility easement on each side of the street. Cul -de -sac shall have a minimum
curb line radius of thirty -eight feet (38') with an additional five -foot (5') wide tree
planting, and public utility easement on each side of the street. Curb returns at the
intersection of Katella Avenue and Walker Street; Katella Avenue and "Public Street "; and
Katella Avenue and Parcel 8 main entrance shall have a radius of thirty -five feet (35').
The corner cutoffs shall be dedicated to the City of Cypress for roadway purposes.
12. All proposed street names for newly created streets, whether public or privately owned,
shall be subject to the approval of City staff. The developer shall submit to the City a
list of three (3) proposed names and the new street names shall be taken from this list or
as recommended by City staff. New streets that align with existing streets shall use the
existing street name.
13. On local streets, structural sections shall be based on the recommendation and soils report
prepared by an engineering firm acceptable to the City Engineer, with street structural
sections to be determined by using an applicable T.I. (Traffic Index) but shall be not less
than 3" A.C. over 6" A.B. The City shall provide the soils report for all arterial streets.
The minimum flowline grade in streets shall be two - tenths percent (0.20 %), and the
minimum A.C. crossfall shall be two percent (2 %).
14. The quantity, location, width, and type of driveways shall be subject to the approval of
the City Engineer. An effective sight distance for vehicular traffic shall be maintained
at the intersection of the driveway entrances with Katella Avenue and Walker Street. 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.
15. 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.
16. The developer is responsible for modifying the intersection and traffic signal at Katella
Avenue and "Public Street" to provide an eastbound left turn lane. The traffic signal shall
be modified to provide a protected eastbound left turn into the public street. All costs for
design, engineering and construction shall be the responsibility of the developer. Permits
for this work shall be obtained from the City of Los Alamitos.
• Community Development Department • Planning Division •
467
Exhibit "A"
Tentative Parcel Map No. 96 -121
Conditions of Approval
Page 4
17. Street lights on marbelite standards shall be installed per Southern California Edison
Company requirements. Street name signs and traffic signs shall be installed per City
Standards.
18. 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 or by the design guidelines of an applicable
Specific Plan. Landscaping in Public Right -of -Way shall be maintained by the developer.
19. 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.
20. 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 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.
21. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Final Subdivision Map Filing Fee (Per Resolution No. 4001).
• Engineering Plan Check & Inspection Fee (Per Resolution 2964 and 4001).
• Drainage Fee for Master Drainage Plan (Per Resolution 2287).
• Advanced Street Light Energy Fee (For one (1) year period).
• Grading Plan Check and Permit (Per Resolution 2964, 3662, 4001, and 4220).
PLANNING CONDITIONS
22. The applicant/developer shall comply with all provisions of the Code of the City of
Cypress, the Cypress Zoning Ordinance, and the Cypress Business and Professional Center
Specific Plan.
• Community Development Department • Planning Division •
468
Exhibit "A"
Tentative Parcel Map No. 96 -121
Conditions of Approval
Page 5
23. A detailed landscape and automatic irrigation plan for street landscaping shall be
submitted to the Planning Department for review and approval at least sixty (60) days
prior to installation. In addition, a bond shall be posted with the Public Works
Department to guarantee against defects in plant materials and workmanship.
24. Unless otherwise specified, all required street trees shall be a minimum 15- gallon in size
and of a variety approved by the Community Development Director and the Public Works
Director.
25. All appropriate Mitigation Measures /Conditions of Approval of the Mitigation Monitoring
Program for the Cypress Business and Professional Center shall be complied with, as set
forth in said Program.
26. A copy of any conditions, covenants, and restrictions (CC &R's) covering the development
of the subject properties shall be submitted to the Community Development Department
and City Attorney for their review, recommendations, and approval to assure the
continuance, maintenance, applicability, and enforceability of the CC &R's so that the
development will not become a liability to the City at a later date.
*27. A vehicular access easement to Lot 2, through Lot 1 and/or Lot 3 from Walker Street,
shall be recorded prior to the development of Lots 1, 2, or 3. Said easement shall be
submitted to the Community Development Department and the Public Works Department
for review and approval prior to recordation.
Effective 5 -28 -96
• Community Development Department • Planning Division •