Ordinance No. 1170ORDINANCE NO. 1170
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
CALIFORNIA AMENDING SECTIONS 25 -46 AND 25 -47 OF ARTICLE VI OF
CHAPTER 25 OF THE CYPRESS MUNICIPAL CODE RELATING TO THE
CITY'S PARK DEVELOPMENT FEES WITHIN THE CITY OF CYPRESS
WHEREAS, Section 66477 of the California Government Code ( "Quimby Act "),
authorizes municipalities to charge subdividers of real property a fee or require
dedication of real property for park and recreation purposes; and,
WHEREAS, the Conservation /Open Space /Recreation Element of the adopted
2001 Cypress General Plan identifies a need for additional park and recreational
facilities; and,
WHEREAS, new development exacerbates an existing shortage of park and
recreational facilities; and,
WHEREAS, all areas of the City need additional park and recreational facilities,
and the need for additional facilities is more acute in certain areas of the City; and,
WHEREAS, the City of Cypress as a charter city is provided with additional
authority pursuant to its police power under its Charter to require all residential land
development which impacts park and recreation facilities to dedicate property and /or
pay a fee in lieu thereof in accordance with applicable state and case law; and,
WHEREAS, the City of Cypress has adopted as part of its Municipal Code at
Sections 25 -41 through 25 -50 inclusive of Article VI of Chapter 25 consistent with the
requirements of the Quimby Act and pursuant to the City's police power, thus, providing
the City with the authority to require all residential land development which impacts park
and recreation facilities to dedicate property and /or pay a fee in lieu thereof in
accordance with applicable state and case law; and,
WHEREAS, new residential development creates the need for additional park
and recreational facilities regardless of whether the residential development is a
subdivision, apartment, or other residential development; and,
WHEREAS, fairness and equity dictate that all new residential development
share the burden of providing sufficient park and recreational facilities as that
development represents additional impact on existing facilities; and,
WHEREAS, the California Government Code Section 66477 provides the method
by which to calculate in lieu fees; and,
WHEREAS, the in lieu fees provided in Section 25 -46 of Article VI of Chapter 25
of the Municipal Code have not been updated since 2007; and,
WHEREAS, Section 25 -47 of Article VI of Chapter 25 of the Municipal Code
provides for the circumstances in which a developer may acquire a credit against the in
lieu fees or property required to be dedicated that are required pursuant to Sections 25-
41 through 25 -50 inclusive of Article VI of Chapter 25 of the Municipal Code; and,
WHEREAS, the City Council now desires to update the in lieu fees provided in
Section 25 -46 of Article VI of Chapter 25 of the Municipal Code and update the credit
provided in Section 25 -47 of Article VI of Chapter 25 of the Municipal Code for the
purposes contemplated by Article VI of Chapter 25 of the Cypress Municipal Code; and,
WHEREAS, notice of the public hearing on November 13, 2017, was published in
the Event newspaper on November 3, 2017; and
WHEREAS, a duly noticed public hearing was held on November 13, 2017,
concerning this Ordinance; and,
WHEREAS, at the public hearing of November 13, 2107, the City Council
considered all information presented, including staff reports and their attachments,
written and verbal testimony.
NOW, THEREFORE, the City Council of the City of Cypress does hereby ordain
as follows:
Section 1. That Section 25-46 of Article VI of Chapter 25 of the Cypress
Municipal Code is amended to read as follows:
"Sec. 25 -46 Amount of Fee in Lieu of Land Dedication.
The calculation of the in lieu fee shall conform to the provisions of the
California Government Code, currently at Section 66477, as it exists or as
it may be amended.
Based upon the provisions of California Government Code at Section
66477, the in lieu fees are established as follows:
Residential zoning designation
Fee beginning 12/27/17
Single - Family
$23,421 per unit
Multi - Family
$23,421 per unit
These fees shall be applicable to new residential construction that qualify
as a dwelling unit as defined by Subsection 6.31.020.D of the Cypress
Zoning Ordinance and Section 205 — D of the 2001 California Building
Code as they currently exist or may be amended on properties that may or
may not be subdivided under the provisions of the Subdivision Map Act,
will be sold individually or in conjunction with others, involves a transfer in
title and /or registered property tax payer. They do not apply to room
additions, upgrades involving existing units without the creation of new
units or which do not create a new assessor parcel number or property tax
certificate.
These fees shall be reviewed annually in conjunction with Planning and
Building fees."
Section 2. That Section 25-47 of Article VI of Chapter 25 of the Cypress
Municipal Code is amended to read as follows:
"(a) Where private open space for park and recreational purposes is
provided in a proposed subdivision and such space is to be privately
owned and maintained by the future residents of the subdivision, the city
council, in its discretion, may credit such areas against the requirement of
dedication for park and recreation purposes, as set forth in section 25 -45
hereof, or the payment of fees in lieu thereof, as set forth in section 25 -46
hereof, to a percentage of the required dedication or payment of fees. The
percentage of such credit shall be determined at the discretion of the city
council, but shall be at least one percent but not to exceed fifty percent of
the required dedication or payment of fees.
(b) In order to be eligible for the credit described in Section 25- 47(a),
the city council, in its discretion, must find that it is in the public interest to
do so, regardless of the number of parcels in the development, and that all
of the following standards are met:
(1) That yards, court areas, setbacks and other open areas
required to be maintained by the zoning and building regulations shall not
be included in the computation of such private open space; and
(2) That the private ownership and maintenance of the open space
is adequately provided for by written agreement; and
(3) That the use of the private open space is restricted for park and
recreational purposes by recorded covenants which run with the land in
favor of future owners of property within the tract and which cannot be
defeated or eliminated without the consent of the city council; and
(4) That the proposed private open space is reasonably adaptable
for use for park and recreational purposes, taking into consideration such
factors as size, shape, topography, geology, access, and location of the
private open space land excluding enclosed structures (such as club
houses), pools, or other similar facilities; and
(5) That facilities proposed for the open space are consistent with
the provisions of the recreational element of the general plan, and are
approved by the design review committee."
Section 3. Severability. The City Council of the City of Cypress hereby
declares that should any section, paragraph, sentence or word of this ordinance of the
Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the
Council that it would have passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared invalid.
Section 4. CEQA. The City Council finds that this ordinance is not subject to
the California Environmental Quality Act ( "CEQA ") pursuant to CEQA Guidelines
Sections 15061(b)(3) because it can be seen with certainty that it will not have a
significant effect or physical change to the environment.
Section 5. Savings Clause. Neither the adoption of this ordinance nor the
repeal or renumbering of any other ordinance of this city shall in any manner affect the
prosecution for violations of ordinances, which violations were committed prior to the
effective date hereof, nor be construed as a waiver of any license or penalty or the
penal provisions applicable to any violation thereof. The provisions of this ordinance,
insofar as they are substantially the same as ordinance provisions previously adopted
by the City relating to the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
Section 6. Publication. The City Clerk shall certify to the passage and adoption
of this ordinance, and shall make a minute of the passage and adoption thereof in the
records of the proceedings of the City Council at which the same is passed and
adopted. This ordinance shall be in full force and effect 30 days after its final passage
and adoption, and within 15 full days after its final passage, the City Clerk shall cause it
to be published in a newspaper of general circulation and shall post the same at City
Hall, the Police Department and the Community Center.
FIRST READING at a regular meeting of the City Council of the City of Cypress
held on the 13th day of November, 2017 and finally adopted and ordered posted at a
regular meeting held on the 27th day of November, 2017.
ATTEST: p �/),
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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 Ordinance was duly adopted at a regular meeting of said City Council held
on the 27th day of November, 2017, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Yarc, Peat and Morales
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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CITY CLERK OF THE CITY OF CYPRESS