Ordinance No. 86ORDINANCE NO 86
AN ORDINANCE OF THF CITY COUNCIL OF THE CITY OF CYPRESS AMENDING
ORDINANCE NO 77, TE SUBDIVISION ORDINANCE, AND ESTABLISHING FEES
PURSUANT TO SFCTION 11543 5 OF THF BUSINESS AND PROFESSIONS CODE
OF THE STATE OF CALIFORNIA
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOM:
SECTION 1. Ordinance No 77, which Ordinance is the Subdivision
Ordinance of the City, is amended by revising Section 5-16 thereof in
its entirety to read as follows'
Section 5-16: FEES -FINAL MAP. Fees shall be paid in the
following amounts to the City Clerk upon the filing of a
final map, and as a condition of approval of said final
map.
(a)
Five ($5 00) dollars payable to the City for
a subdivision consolidating properties into
one (1) lot subdivision, or for a subdivision
for the purpose of reversion to acreage
(b) Thirty ($30 00) dollars plus one ($1 00) dollar
for each lot contained on the final map
(c) For any portion of the subdivision which is
contained within Area 1-A, as defined in the
Master Plan of Drainage hereinafter referred
to, a charge computed at the rate of three
hundred eighty-five ($385 on) dollars per acre
(d) For any portion of the subdivision which is con-
tained within Area 1-}3, as defined in the Master
Plan of Drainage hereinafter referred to, a
charge computed at the rate of two hundred
ninety-five ($295 00) dollars per acre
The City Clerk shall issue a receipt for fees received in
behalf of the City identifying same as related to the number
of the subdivision
SECTION 2: The funds derived from the fees charged with respect
to Areas 1-A and 1-B, as imposed herein, shall be utilized for purposes
of defraying the actual or estimated costs of constructing planned drain-
age facilities for the removal of surface and storm waters from such
local or neighborhood drainage areas. Such charges and fees shall here-
inafter be referred to for convenience at "drainage charges".
SFCTION. This Ordinance shall apply to any proposed subdivision
the tentative map for which is filed thirty (30) days or more subse-
quent to the effective date of this Ordinance.
SFC.TION 4. The City Council hereby refers to the Master Plan of
Drainage prepared by the City Engineer of the City of Cypress and dated
January 4, 1961, which Master Plan of Drainage was duly adopted by this
City Council by its Resolution No 12 adopted February 20, 1961, all
pursuant to Section 65469 of the Government Code of the State of Calif-
ornia Said Master Flan of Drainage contains an estimate of the total
costs of constructing the local drainage facilities required by the
Plan.
SECTION 5: The City Council hereby finds and determines that the
subdivision and development of property within the planned local drain-
age areas will require construction of the facilities described in the
Master Flan of Drainage, and that the fees are fairly apportioned with-
in the local drainage area both on the basis of benefits conferred on
property proposed for subdivision, and on the need for local drainage
facilities created by the proposed subdivison, and development of other
property within the local drainage area.
Ordinance No 86
61
SECTION 6: Fees required by this Ordinance shall be paid into
a "Planned Local Drainage Facilities Fund" A separate fund shall
be established for each local drainage area Monies in such fund
shall be expended solely for the construction or reimbursement for
construction of local drainage facilities within the planned local
drainage area from which the fees comprising the fund were collected
In the discretion of the City Council, cash or other consideration
may be accepted in lieu of the payment of fees
SECTION 7: The City may advance money from its general fund
to pay the cost of constructing drainage facilities within a local
drainage area and may reimburse the general fund for such advances
from the }Tanned Local Drainage Facilities Fund for the local drainage
area in which the drainage facilities were constructed
SECTION 8: The City may incur an indebtedness for the con-
struction of drainage facilities within a local drainage area; pro-
vided that the sole security for repayment of such indebtedness
shall be monies in the Planned Local Drainage Facilities Fund.
SECTION 9: With respect to drainage charges, this Ordinance
shall remain effective so long as Section 11543 5 of the Business
and Professions Ccde of the State of California remains effective
Should said Section 11543.5 be extended by the legislature of the
State of California, the effective date of this Ordinance shall.
automatically extended to the same extent
SECTION 10. This Ordinance is an urgency Ordinance and shall
take effect immediately The facts constituting the urgency are
as follows:
Several subdivisions have already commenced within the
City of Cypress and it is anticipated that additional
subdivision maps will be presented to the City for
approval in the near future Each subdivision within
the areas defined in this Ordinance will contribute
to the already existing drainage problems within said
areas, and drainage problems constitute one of the major
problems of the City of Cypress affecting the general
health, safety and welfare of its residents It is
essential to the proper management of the City's drain-
age problems that this Ordinance be in effect prior to
the filing of future subdivision maps
PASSED AND ADOPTED by the City Council of the City of Cypress
at a special meeting thereof held on the 6th day of March, 1961.
ATTEST:
1
FRED D. BARBER, CITY CLERK
Ordinance No 86
THOMAS A BAROLDI, MAYOR
Mal
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF CYPRESS )
I, FRED D. BARBER, City Clerk of the City Council of the City
of Cypress, California, do hereby certify that, at a special meeting
of the City Council held on the 6th day of March, 1961, the fore-
going Ordinance No 86 was then considered and passed and adopted as
a whole by the following vote.
AYES: 5 COUNCILMEN• Arrowood, Denni, McCarney, Van Dyke
and Baroldi
NOES: 0 COUNCILMEN: None
ABSENT • 0 COUNCILMEN • None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City Council of the City of Cypress, California,
this 6th day of March, 1961
/ .24°
-ems
FRED D HARBER, CITY CLERK
Ordinance No 86