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Resolution No. 4335RESOLUTION NO. 4335 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TENTATIVE PARCEL MAP NO. 94 -132 - WITH CONDITIONS WHEREAS, an application was made by Mr. Brian Harvey to Subdivide a 6.2 acre site into two (2) parcels, with Parcel No. 1 consisting of 4.4 acres and Parcel No. 2 consisting of 1.2 acres located at 6300 Katella Avenue; 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 approvals have been granted for each of the subject parcels in accordance with the Zoning Code of the City of Cypress. The proposed map is consistent with the Cypress General Plan designations for the 6.2 acre property. 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 Corporate Center Specific Plan PC -2 Planned Community Business Park Zone. 3. The design and improvement of the proposed subdivision as designated on the tentative parcel map and supplemented by the conditions set forth 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 and the related Specific Plan 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. 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 seq.). NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Tentative Parcel Map No. 94 -132, 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 27th day of June , 1994. MAYOR OF THE CITY OF CYPRESS 330 ATTEST: Afil(41- CITY CLERK OF THE TY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DARRELL ESSEX, 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 27th day of June , 1994, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Age, Kerry, Nicholson and Partin NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Bowman 4 l CITY CLERK' OF THE ITY OF CYPRESS EXHIBIT "A" TENTATIVE PARCEL MAP NO. 94 -132 CONDITIONS OF APPROVAL ENGINEERING DEPARTMENT 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 and Zoning Ordinance shall be satisfied. 2. 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, irrigation system, etc. 3. The developer shall provide adequate "No Parking" controls within the development. Onsite traffic circulation shall be subject to the approval of the City Engineer. 4. Prior to the recordation of the Final Map, a copy of the conditions, covenants, and restrictions (C,C &R's) covering the development shall be submitted to the City staff and City Attorney for their review, recommendations, and approval to assure the continuance, maintenance, applicability and enforceability of the C,C &R's so that the development will not become a liability to the City or adjacent development at a later date. 5. 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. 6. 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 Hope 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. 7. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: - Final Subdivision Map Filing Fee (Per Resolution No. 2964). - All applicable Building Department Fees. • City of Cypress • Community Development Division • 332 Exhibit "A" Tentative Parcel Map No. 94 -132 Conditions of Approval Page 2 PLANNING DEPARTMENT 8. 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 Section 66499.37 and Public Resources Code, Division 13, CH. 4 (Section 2100 et seq. - including but not by way of limitation Sections 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. 9. Within forty -eight (48) hours of the approval of this project, the applicant /developer shall deliver to the Planning Department a check payable to the County Clerk in the amount of Twenty -Five Dollars ($25.00) County administrative fee, to enable the City to file the Notice of Exemption in accordance with Fish and Game Code Section 753.5, 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 Planning Department the check required above, the approval for the project granted herein shall be void. Effective 6/13/94 • City of Cypress • Community Development Division •