Resolution No. 4640RESOLUTION NO. 4640
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
TENTATIVE PARCEL MAP NO. 96 -129 - WITH CONDITIONS.
WHEREAS, an application was made by John H. Emoto to subdivide one parcel into two
parcels located at 8241 Gay Street; and
WHEREAS, the City Council considered evidence presented by the applicant, City staff
and other interested parties at a duly noted public hearing on May 28, 1996, 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. Subdividing the parcel into two 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 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 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 seq).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cypress
DOES HEREBY APPROVE Tentative Parcel Map. No. 96 -129, 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 28th day of May , 1996.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
/,,A 1,04,
MAYOR OF THE CITY OF CYPRESS
469
470
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:
NOES:
ABSENT:
5 COUNCIL MEMBERS: Age, Carroll, Jones, Kerry
and Bowman
0
0
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
2
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CITY CLERK OF THE CITY OF CYPRESS
471
EXHIBIT "A"
APPLICATION: Tentative Parcel Map No. 96 -129
ADDRESS: 8241 Gay Street
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
*Denotes non - standard condition that is specific to this project.
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 developer shall conform to all applicable provisions of the Code of the City of
Cypress. A Parcel Map shall be recorded prior to issuance of Building Department
Permits.
4. Drainage shall be solved to the satisfaction of the City Engineer. 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. 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 •
472
Exhibit "A"
Tentative Parcel Map No. 96 -129
Conditions of Approval
Page 2
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 "). 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 Copley /Colony, Inc. (Phone: [714] 826 -8680) or
Paragon Cable (Phone: [714] 898 - 3800), 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
Public Works Director, Community Development Director, and 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.
Carob Street shall be dedicated and fully improved with curb, gutter, sidewalk,
driveway, paving, etc., in accordance with the City's Code requirement of Streets.
10. The quantity, location, width, and type of driveways shall be subject to the approval of
the City Engineer.
11. All utility services shall be underground. Trenching and backfill in streets shall be per
City of Cypress Standard No. 110.
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.
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:
• Engineering Plan Check & Inspection Fee (Per Resolution 2964).
• Community Development Department • Planning Division •
473
Exhibit "A"
Tentative Parcel Map No. 96 -129
Conditions of Approval
•
•
Park and Recreation Fee (Per Ordinance 769).
Page 3
Drainage Fee for Master Drainage Plan (Per Resolution 2287).
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).
• All applicable Building Department fees.
15. 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.
16. Concurrent with the finaling of the map, all existing structures must be made to comply
with all applicable City Building and Zoning Codes.
Revised 05/29/96
• Community Development Department • Planning Division •