Ordinance No. 8455
ORDINANCE NO 84
AN OFDINANCF OF THE CITY OF CYPRESS, CALIFORNIA, REGULATING THE
DIVIDING AND SUBDIVIDING OF LOTS OR PARCELS OF LAND INTO FOUR
OR LESS LOTS OR PARCELS
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOVS:
SECTION 1. It shall be unlawful for any person, firm, or
corporation to sell or contract to sell, divide or subdivide
for sale any land shown on the last preceding tax roll as a unit
or as contiguous units into four lots or parcels, or less than
four lots or parcels, without first having secured a permit from
the City Council of the City of Cypress so to do
SECTION 2: Any person, firm or corporation desiring a per-
mit under Section 1 hereof shall file a tentative map with the
Planning Commission and a copy thereof with the City Engineer,
for the purpose of showing the design of the proposed division
of land and the existing conditions in, on and around said land
Such map shall be drawn to scale and shall accurately show all
structures and other improvements upon said land. Such map shall
be accompanied by a written statement signed bJ the owner of
said land to be sold, divided or subdivided, setting forth the
following information
(A) The name and address of the owner;
(B) The nhme and address of the proposed purchaser;
(C) The legal description of the land proposed to be
sold, divided or subdivided;
(D) The area in square feet of the land to be sold
and also of the proportion remaining;
(E) A statement of the condition of the title to
the land, including all easements thereon,
(F) A statement of the provisions that exist or that
have been made for public utilities, including
water, electricity, gas, telephone, mail delivery,
sewers, garbage collection, streets or rights-of-
way to the land to be sold, divided or subdivided,
including curbs, gutters and other improvements
thereon; and,
(G) A list of the names and addresses of the owners
of all property within a radius of three hundred
(300) feet of the exterior boundaries of the
property proposed to be subdivided, as shown upon
the most current assessment rolls of the County
of Orange, and
(H) Such other information as the owner may desire
to present.
2.1: A fee or deposit in the amount ofw50 00 to cover
costs shall be paid upon the filing of each request for a permit
to subdivide land, as above required, for the purpose of defray-
ing the expense of postage, posting, advertising and other costs
incidental to the proceedings prescribed herein A written receipt
shall be issued to the person making such payment and records of
such payments, and the expenditures thereof shall be kept in such
manner as prescribed by law
Ordinance No 84
SECTION 3 Upon filing with the Planning Commission of said map
and statement, the Planning Commission shall conduct its own investi-
gation and may require such additional information concerning the pro-
ject as said Commission deems necessary. Said investigation shall be
conducted expeditiously by the Planning Commission and without unnecessary
delay, and the matter of said application shall be heard and determined
by the Planning Commission at its first meeting following the completion
of said investigation.
3.1., Notices of the time and place of hearing on the proposed sub-
division shall be given by posting and mailing, in the following manner:
(A)
Posting in front of the property under consideration,
not less than ten (10) days prior to the hearing on the
proposed subdivision, a notice consisting of the words,
"NOT ICE OF PROPOSED SUBDIVISION OF PROPERTY", printed
in plain type with letters of not less than one inch
of height and a statement in six or eight point type
setting forth a description of the property under con-
sideration, the nature of the proposed subdivision, and
the time and place at which a public hearing or hearings
on the matter will be held If more than one parcel of
property is involved, then notice shall be posted not
more than one hundred (100) feet apart on each side of
the street upon which said property fronts for a distance
of not less than three hundred (300) feet in each
direction from said property.
(B) Ladling a postal card notice not less than ten (10) days
prior to the date of the first of such hearings to the
owners of the property within a radius of three hundred
(300) feet of the exterior boundaries of the property pro-
posed to be subdivided, using for this purpose the last
known name and address of such owners as shown upon the
assessment rolls of this County Said notice shall con-
tain the same information as is required in a posted
notice as above described
SECTION .4.. Said Planning Commission shall recommend the granting
of said permit in the event that it finds the following facts to exist
That proper and adequate provision has been made for access
to the land to be sold, divided or subdivided, and also
to the portion of the land remaining;
That proper and adequate provisions have been made for
all public utilities and public services, including those
mentioned in Paragraph (E) in Section 2 hereof, and that
such provisions have been secured by such bonds and/or
dedications or other conditions as may be deemed reasonable
by the Planning Commission;
(C) That the portion of the land to be sold, divided or sub-
divided, will either as a separate unit or in conjunction
with other land of which it is to become a part, and that
the portion remaining will each contain areas as required
by the provisions of any Zoning Ordinance of the City of
Cypress then in effect, and,
(D) That the granting of said permit will not be materially
detrimental to the public welfare, injurious to the prop-
erty or improvements in the vicinity and zone in which said
land is located, will not adversely affect any Comprehensive
General Plan which may then be in effect, and will not be
in violation of any paramount law; otherwise, said permit
shall be denied
Ordinance No 84
5' 7
c
SECTION 5: The recommendation of the Planning Commission
shall be transmitted to the City Council, which shall consider
said recommendation within forty-five (45) days from the date
of such transmittal The City Council shall fully review said
matter and shall either (1) confirm the findings of the Planning
Commission and order the permit granted or denied in accordance
therewith, (2) reverse said findings and order the permit granted
or denied in accordance with said reversal, or (3) refer the
matter to the Planning Commission for further action thereon
The final action of the City Council with respect to any appli-
cation for permit hereunder shall be final and conclusive.
SECTION 6: It is not the purpose of and this Ordinance
does not attempt to regulate subdivisions as defined in the Sub-
division Map Act or in the California Real Estate Act (Section
11000 to 11658, Business & Professions Code), and is intended
only to regulate the sale, division and subdivision of four lots
or parcels of land, or less.
SECTION 7: If any sections, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held to be
invalid or unconstitutional b;; the decision of any Court of
competent jurisdiction, such decision shall not affect the vali-
dity of the remaining portions of this Ordinance The City
Council of this City hereby declares that it would have adopted
this Ordinance and each section, subsection, sentence, clause,
phrase or portion thereof, irrespective of the fact that any one
or more sections, subsections, clauses, phrases or portions be
declared invalid or unconstitutional
SECTION 8: Any person, firm or corporation violating any
of the provisions of this Ordinance, or knowingly or intentionally
misrepresenting to any authorized officer of this City, or to the
Planning Commission any material fact in procuring said permit
herein provided for, shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be punishable by fine of not more
that $ 5O0.00 or by imprisonment in the City Jail or the County
Jail of Orange County for a period of not more than six (6)
months, or by both such fine and imprisonment.
The City Clerk shall certify to the adoption of this Ord-
inance and shall cause the same to be posted in three (3) public
places within the City limits of the City of Cypress, as pres-
cribed by the City Council
ADOPTED this 6th day of March 1961
ATTEST:
FRED D BARBER, CITY CLERK
Ordinance No 84
THOMAS A BAROLDI, MAYOR