Ordinance No. 1088379
ORDINANCE NO. 1088
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS CALIFORNIA
AMENDING SECTION 25 -46 OF THE CYPRESS CITY CODE AND ESTABLISHING 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 City Code at Chapter 25,
Sections 25 -41 through 25 -50 inclusive, and as part of its 2004 Zoning Ordinance at Section
2.05.B.2.e. 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, at Section 65477 provides the method by
which to calculate in lieu fees.
NOW, THEREFORE, the City Council of the City of Cypress does hereby ordain as
follows:
Section 1: That Section 25 -46 of the Cypress City 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.
Section 2: That based upon the provisions of California Government Code at Section
66477, the in lieu fees are established as follows:
Residential zoning designation
Fee beginning
04/25/07
RS — 5,000 and RS — 6,000
8,000
RM — 15
8,000
RM — 20
8,000
380
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 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. 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 4. 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 thirty (30) days after its final passage and adoption, and within fifteen
(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 said City held on the 12th
day of March, 2007, and finally adopted and order posted at a regular meeting held on the 26th
day of March, 2007.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
oaLtioe_ f)-6,0)Aa.r11
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 was duly adopted at a regularly scheduled meeting of said City Council held on the
26th day of March, 2007, by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Bailey, Narain and Luebben
NOES: 2 COUNCIL MEMBERS: Mills and Seymore
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS