Ordinance No. 178ORDINANCE NO 178
AN ORDINANCE OF THE CITY OF CYPRESS AMENDING ORDINANCE NO 77, THE SUBDIVISION
ORDINANCE, AS AMENDED
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS•
SECTION I• The following Sections are added to, amended or deleted from
Ordinance No 77 as amended•
Amend Article I: Authority: By adding Section 1-02:
Section 1-02• Subdivision Review Board•
There is hereby created a Subdivision Review Board to
consist of the Secretary of the Planning Commission, the City Engineer, and
the City Manager The Board shall have the powers and duties specified by
this Ordinance, and be Advisor to the Planning Commission
Amend Article II:
Section 2-15• Local Street•
Amend present definition as follows.
Section 2-15: Local Street:
Local street shall mean a street intended wholly or principally
to serve abutting property and not designed to carry traffic from more than two
subdivision streets within the immediate vicinity.
Add Section 2-18. Collector Street
Collector street shall mean a street intended for movement of
local traffic from neighborhoods to the nearest secondary street.
Amend Article III: General Controls:
Section 3-02• Streets and Highways. Paragraph (4):
Collector Streets shall not be less than sixty-four (64) feet
wide Right of way improved with two (12') travel lanes and two parking lanes,
or four (11') travel lanes, with no parking and if traffic warrants.
Section 3-03 General Requirements
All sidewalks, concrete curbs, and gutters, parkway trees,
ornamental street lights, pavements, sanitary sewer lines, water mains, fire
hydrants, culverts, drainage structures and any other required improvements
shall beinstalled at the cost of the subdivider, and shall conform to grades
and specifications established by the City Engineer of the City of Cypress
Private streets may be approved by the Planning Commission at widths less than
specified above for minor or cul de sac streets, when subdivision is approved
under Optional Design and Improvement Standards, provided that where any paved
area of 24' or less is provided, parking bays shall be provided with not less
than the capacity of curb parking space, all private streets shall meet the
improvement standards adopted by the City of Cypress, except for said pavement
and right of way width
Amend Paragraph (5)• Local Streets shall not be less than sixty (60) feet in width
Right of way improved with two (2) travel lanes and two (2) parking lanes
Amend Paragraph (6)• Minor Streets shall not be less than fifty two (52) feet
wide, providing two travel lanes of not less than ten (10) feet in width and
two (2) parking lanes
Ordinance No. 178
Amend Paragraph (7): Culs-de-sac or Loop Streets shall not be less than fifty two
(52) feet wide or more than five hundred (500) feet in length except with
special Council approval The radius at the terminus of the culs-de-sac shall
not be less than forty five (45) feet Stub streets or rights of way may be
required to the edge of the subdivision. Pavement width shall be the same as
a minor street.
Amend Paragraph (15). Streets which are a continuation of streets in contiguous
territory shall be so aligned as to assure that their center line shall coincide.
In cases where straight continuations are not physically possible, such center
lines shall be continued by curves. Where this is physically impossible, and
where right angle offsets are required for development, such streets shall have
a minimum of one hundred sixty (160) feet between center lines of such offset
streets
Amend Section 3-06• Alleys:
(a) Alleys thirty (30) feet wide shall be provided at the rear of all lots
classified for and to be used for commercial or multiple -family purposes If
adequate off street parking areas to serve such property are securety reserved
for such purpose and are shown upon the map and approved by the City in the
manner provided herein, the requirements may be modified. Alleys elsewhere
shall be optional with the City. If the official plan indicates alleys which
are not required by the general rule, then the alleys thus shown shall be
required Dedications of any such alleys may be required
Renumber Section 3-11: Exceptions: to 3-12:
Renumber present Section 3-12 Avoidance of breaking street paving; to Section 3-13.
Add new Section 3-11. Optional Design and Improvement Standards:
Where a subdivider, by written affirmation, signifies his intention to enhance
the livability and appearance of his proposed subdivision by using new concepts
and in arrangement of lots, circulation pattern to serve such lots and providing
permanent open space within the neighborhoods within the proposed subdivisions,
and by providing appropriate means of access to blocks, schools, shopping centers
and other uses, he may use the following procedure.
A Improved design based on density control and better community environments.
Standards set out may be varied only when the gross density of the area is not
increased more than fifteen percent and where said design has the approval of
the Planning Commission, and where in the opinion of the Planning Commission
said deviation will:
1. Produce a more desirable and livable community than the minimum requirements
herein
2 Create better community environment through dedication of public areas, or
setting out permanent scenic easements or open spaces, or providing for
permanently controlled common areas for the uses of the occupants therein;
rearrangement of lot sizes, replanting of barren areas.
As an incentive to creating better overall communities, the Planning Commission
may authorize deviations in lot size, but with no more than 15% increasein density
in the overall development, provided that each lot shall have a minimum of 200
square feet of private open area, patio or deck for one or less bedroom units;
250 square feet for 2 bedroom units, and 300 square feet for 3 or more bedroom
units Said Planning Commission may authorize similar deviations from the other
standards herein, where said deviations are for the purposes outlined above
Before any deviation based on improved design shall be authorized, it shall be
passed by not less than two-thirds of the total membership of the Planning
Commission, upon a finding that the variation as authorized willresult in a
community which is a substantial improvement over the community which could
have been developed by following the requirements set out in Article III of this
Ordinance
Ordinance No 178
4
Amend Article IV: Tentative Map: As follows•
Amend Section 4-01. Requirements:
Each proposed subdivision shall be submitted in map form Not less than twenty
five (25) copies of such map shall be filed with the Secretary of the Planning
Commission When such required copies of a tentative map are filed, the Secretary
of the Planning Commission shall immediately forward one (1) copy to each of the
following when necessary, with a request that each report recommendations, if
any, to the Planning Commission•
a Affected water agency
b. City Engineer
c Each City entitled by law to review and recommend thereon.
d. Two copies for the Planning Commission
e Division of Highways, State Department of Public Works
f County Planning Commission
g. Division of Real Estate
Amend Section 4-05: Required Fee:
A fee to cover costs of checking shall be paid for each tentative map or maps
of a subdivision in amounts as follows:
a. Twenty five ($25.00) dollars per tentative map, plus One ($1.00) dollar
for each lot for checking said map
b When a tentative map is filed having more than one (1) tract number,
the fee shall be calculated on the basis of one (1) tentative map and the sum
of all the lots shown thereon.
c Fees for other maps shall be as provided in Article V, Section 16
Amend Section 4-06: Procedure: Change Paragraph (c) to Paragraph (d); add new
4 Paragraph (c) as follows•
1
C Tentative Map, Subdivision Review Board Approval
All tentative maps shall be reviewed by the Subdivision Review Board prior
to the filing of any tentative map with the Planning Commission Said Board
shall meet with the subdivider or his representative within ten days after the
submission of the tentative map, as required in this Ordinance
A. Said Board shall determine the following•
1 That the completeness and accuracy of the tentative map and ancillary
reports, and the suitability of the land for purposes of subdivision;
2 Overall design of the subdivision in conformity with all pertinent
requirements of this Ordinance and other laws and plans of the City;
3. Provisions for, and suitability of street improvements, underground
utilities, fire hydrants, ornamental electroliers, storm drains, streets, trees,
sidewalks, including adequacy of water supply, sewage disposal and easements
for utilities and drainage
4 Provision for public areas, including parks, schools, public utilities
facilities, etc
B. The Subdivision Review Board shall review the tentative map for comp-
liance with this Ordinance and State Law. If any portion of the Subdivision
is in conflict with any of the requirements, then the Subdivision Review Board
shall inform the subdivider of such conflicts
C The Subdivision Review Board may deem it advisable to recommend
additional improvements, easements, dedications, etc to be included, wherein
the subdivider shall be duly informed of the nature of the recommendations
at the time of said Board Meeting
Ordinance No. 178
D. If after analysis it is found that the subdivision requires a significant
amount of correction before said Board deems it acceptable to bring it before the
Planning Commission, the Board may require the subdivider to make the changes and
reappear before said Board for further study.
E. Appeal. If the subdivider feels that the Subdivision Review Board has
imposed requirements not acceptable to the subdivider, he may request approval
by the Planning Commission. In such a case, the subdivider shall make known his
intentions to said Board, whereupon the subdivision shall be placed on the Planning
Commission Agenda
F. Report. The Subdivision Review Board shall make a report on its determinations
to the Planning Commission in relation to the requirements of this Ordinance
Delete Paragraph (d) The engineer's report will be included in a report of the
Subdivision Review Board
Amend Section 4-07. Commission Action and Record.
The Planning Commission shall consider a tentative map at its first regular
meeting held not less than thirty (30) days following the filing of said map
Action on such tentative map in approving, conditionally approving or disapproving,
shall be transmitted to the City Council not later than forty (40) days following
the filing date Within not to exceed fifteen (15) days or at its next succeeding
regular meeting after receipt of the report, the City Council shall act thereon
A copy of each official action on a tentative map shall be permanently affixed to
the official file copy of such map in the records of the Planning Commission
Amend Article V. Final Map: As follows:
Amend Section 5-08• Lot Numbers•
a The lots shall be numbered consecutively throughout the subdivision,
commencing with the number 1, with no omissions or duplications except as indicated
in Paragraph (c) below
b Each lot shall be shown entirely on one (1) sheet.
c. Lots commonly owned shall be designated as follows.
Lots for access purposes, by the letter "S'.
Lots for common green area, by the letter "G"
Lots for common building purposes, by the letter "B".
Amend Section 5-16• Fees - Final Map•
Fees shall be paid in the following amounts to the Finance Director upon the
filing of a 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 Three ($3.00) dollars for each lot contained
on the final map.
The Finance Director shall issue a receipt for fees received in behalf of the
City, identifying same as related to the number of the subdivision for which such
fee was tendered
Amend Section 5-18• Dedication and Improvements. Amend Paragraph (d) and (g) as
follows.
d. All construction of improvements shall be subject to inspection by the
City Engineer and the subdivider shall arrange for such inspection prior to the
starting of construction of the improvements. Before commencing any improvements
the subdivider shall pay to the City Finance Director fees in the following amounts•
Ordinance No 178
1 Three and one-half (3 1/2) percent of the cost of improvements.
g. To assure the City that this work will be completed and lien holders
paid, a cash deposit, instrument of credit or bonds equal to theestimated cost
for the improvements shall be furnished guaranteeing faithful performance, and
guaranteeing payment for labor and materials. The amount of this bond or
instrument of credit shall be determined by the City Engineer and approved as
to form by the City Attorney, except in cases where a cash deposit is made;
amount shall then be determined by the City Engineer.
Amend Article VI. Record of Survey• Section 6-01, as follows
Delete the wording, "Exceptions: As determined by the City Engineer".
Delete paragraphs 1 and 2 following
SECTION II: All other ordinances or provisions of Ordinance inconsistent
or in conflict with the provisions hereof are hereby amended or repealed in
order that they shall in all respects conform to the amendments of this
Ordinance
ADOPTED AND APPROVED this 22nd day of July, 1963.
ERNE S PHILLIPS, CITY CLERK
Ordinance No 178
FRANK P. NOE,