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Resolution No. 4055RESOLUTION NO. 4055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TENTATIVE PARCEL MAP NO. 91-309 - WITH CONDITIONS. WHEREAS, an application was made by Williamson and Schmid, Civil Engineers, to subdivide a 7.6 acre, two (2) parcel site into four (4) parcels located at 5796, 5816, 5836, and 5856 Corporate Avenue in the Cypress Pointe Business Park, PC -5 Planned Community - Business Park 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 hereto. 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. The proposed map is consistent with the Cypress General Plan designations for the 7.6 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 View Limited Specific Plan which provides for development of the project area as a coordinated project involving a mixture of light industrial /research and development, offices, and commercial uses. 3. The design and improvement of the proposed subdivision as designated on the tentative parcel map and supplemented by the conditions listed below, 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 proposed parcel map is consistent with the General Plan which designates the subject property for Business Park uses. (b) The proposed parcel map is consistent with the provisions of the Cypress View Limited Specific Plan and the PC -5 Planned Community Business Park Zone. 4. The subject parcel map complies with all requirements of the California Subdivision Map Act and the Cypress Subdivision Ordinance. made. 5. None of the findings set forth in Government Code Section 66474 can be 6. The discharge of waste from the proposed subdivision into the existing community sewer system 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.) Denial of a subdivision for violation of the proposed waste discharge standards or an addition to an existing violation thereof, is a ground for denial of the parcel map, although such denial is not mandatory. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Tentative Parcel Map No. 91 -309, 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 23rd day of March , 1992. MAYOR OF THE CITY OF CYPRESS 1 Al lEST: 4 CITY CL OF E OF CYPRESS STATE OF CALIFORNIA SS COUNTY OF ORANGE 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 23rd day of March , 1992, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCIL MEMBERS: None ABSENT: o COUNCIL MEMBERS: None ITY CLE OF THE CITY OF CYPRESS 2 43 EXHIBIT "A" TENTATIVE PARCEL MAP NO. 91-309 CONDITIONS OF APPROVAL 1. The developer shall conform to all applicable provisions of the City code. All requirements of the State Subdivision Map Act, and the City's Subdivision Ordinance and Zoning Ordinance shall be satisfied. 2. The developer shall provide adequate "No Parking" controls within the development. Onsite traffic circulation shall be subject to the approval of the City Engineer. 3. Prior to the recordation of the final Parcel Map, a copy of the conditions, covenants, and restrictions (CC &R's) covering access, joint use and maintenance of driveways, drainage, onsite parking, irrigation systems, utilities, etc., for 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 CC &R's so that the development will not become a liability to the City at a later date. The CC &R's will be recorded concurrently with the final Parcel Map. 4. 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. 5. 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 Corporate Avenue. 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. 6. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: - Final Subdivision Map Filing Fee (Per Resolution No. 2964). - All applicable Building Department Fees. 7. 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 (Section 2100 gt seq. - including but not Exhibit "A" Tentative Tract Map No. 91 -309 Conditions of Approval Page 2 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. 8. 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 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 Planning Department the check required above, the approval for the project granted herein shall be void. Revised 3/9/92