Ordinance No. 874072
ORDINANCE NO. 874
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CYPRESS AMENDING ARTICLE VI,
"PARK AND RECREATIONAL FACILITIES," OF
CHAPTER 25 OF THE CODE OF THE CITY OF
CYPRESS AND ADDING SECTION 9.2.A.5, "PARK
AND RECREATIONAL FACILITIES," TO APPENDIX
I, "ZONING" OF THE CODE OF THE CITY OF
CYPRESS
WHEREAS, Section 66477 of the Government Code of
the State of California, ( "Quimby Act "), authorizes
municipalities to charge subdividers of real property a fee
or require dedication of real property for park and
recreational purposes; and,
WHEREAS, the Recreation Element of the City's
adopted 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 recreational facilities
to dedicate property and /or pay a fee in lieu thereof in
accordance with established California 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, justice, 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.
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN
AS FOLLOWS:
SECTION I. Article VI, "Park and Recreational
Facilities," of Chapter 25, "Subdivisions," of the Code of
the City of Cypress-is hereby amended to read as follows:
"ARTICLE VI. PARK AND RECREATIONAL FACILITIES
Sections:
25 -41 Provision of Park and Recreational Facilities.
25 -42 Applicability.
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25 -43 Relation of Land Required to Population
Density.
25 -44 Population Density.
25 -45 Amount of Land to Be Dedicated.
25 -46 Amount of Fee in Lieu of Land Dedication.
25 -47 Credit for Private Open Space.
25 -48 Choice of Land or Fee in Lieu Thereof.
25 -49 Time of Commencement.
25 -50 Use of Land and /or Fees; Relationship of
Facilities to Needs.
Sec. 25 -41. Provision of Park and Recreational
Facilities. Every subdivider who subdivides land shall
dedicate a portion of such land, pay a fee, or do both as
set forth in this Article for the purpose of providing park
and recreational facilities, including recreational
community gardening facilities, to help serve the future
residents of such subdivision.
Sec. 25 -42. Applicability. The provisions of this
Article shall apply to all subdivisions, as that phrase is
defined in the Subdivision Map Act, except subdivisions for
which tentative subdivision maps have been filed within
thirty (30) days after the effective date of this Article.
The provisions of this Section do not apply to commercial or
industrial subdivisions; nor do they apply to condominium
projects or stock cooperatives which consist of the
subdivision of air space in an existing apartment building
which is more than five (5) years old when no new dwelling
units are added.
Sec. 25 -43. Relation of Land Required to
Population Density. It is found and determined:
(a) That the public interest, convenience, health,
welfare, and safety require that four and one -half
(4 -1/2) acres of property for each one thousand
(1,000) persons residing within this City be
available for park and recreational purposes; and,
(b) That said requirement will be satisfied in part by
a cooperative arrangement between the City and the
local school districts and local park and
recreation districts to make available one and one -
half (1 -1/2) acres of property for each one
thousand (1,000) persons residing within the City
for park and recreational purposes; and,
(c) The remainder of the required four and one -half
(4 -1/2) acres shall be supplied by the requirements
of this Article and the recreation program of the
City.
Sec. 25 -44. Population Density. Population
density per household for purposes of this Article shall be
as determined by the most recent available Federal Census or
a census taken pursuant to Chapter 17, commencing with
Section 46200 of the Government Code of the State of
California.
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Sec. 25 -45. Amount of Land to Be Dedicated. The
amount of land required to be dedicated by a subdivider
pursuant to this Article shall be based on the gross area
included in the subdivision, determined by the following
calculation:
(a) The number of persons residing within a proposed
residential subdivision shall be determined by
multiplying the number of dwelling units by the
population density.
(b) The number of persons residing within a proposed
residential subdivision shall be multiplied by the
parkland standard, one hundred thirty and sixty -
eight one hundredth (130.68) square feet, to
determine the required area of land to be
dedicated.
Sec. 25 -46. Amount of Fee in Lieu of Land
Dedication.
(a) Where a fee is required to be paid in lieu of
land dedication, the fee shall be based upon the estimated
cost to the City to acquire parkland to serve the
inhabitants of the subdivision. The fee shall be based upon
the amount of land that would be dedicated, pursuant to
Section 25 -45 hereof, if dedication were required.
(b) Determination of replacement land costs shall
be made by geographic area of the City in which the proposed
subdivision is to occur. Annually, the City shall have an
appraisal of land costs by square foot conducted for each
geographic area of the City. The City Council shall by
Resolution adopt the same as the base figure to calculate
park and recreation fees for any subdivision subject to the
payment of fees within that geographic area of the City.
(c) The appraisal shall be conducted by an M.A.I.,
(Member of the Appraisal Institute), real estate
appraiser. The appraiser shall base the appraisal on the
fair market value of the land in that geographic area,
including any improvements thereon, and shall determine the
square footage acquisition costs for that geographic area.
(d) For purposes of this Section, the City shall
be divided into four (4) geographic areas as set forth below
and as more particularly shown on the map, attached hereto
and incorporated herein by this reference as Attachment "A ":
(1) Area One is bounded by the City limits to
the North, East, and West; and by the
centerline of Orange Avenue to the South.
(2) Area Two is bounded by the centerline of
Orange Avenue to the North; by the City
limits to the East and West; and to the
South by the centerline of Cerritos
Avenue at the Western City limits to its
intersection with the Rancho Los Alamitos
line, along the Rancho Los Alamitos line
to the Eastern City limits.
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(3) Area Three is bounded to the North by the
centerline of Cerritos Avenue at the
Western City limits, along Cerritos
Avenue to the intersection with the
Rancho Los Alamitos line, along the
Rancho Los Alamitos line to the Eastern
City limits; by the East and West City
limits; and to the South by the Western
City limits at Katella Avenue, along City
limits to Orangewood Avenue, along
Orangewood Avenue East to Valley View
Street, North along Valley View Street to
the Stanton Storm Channel, along Stanton
Storm Channel to the Eastern City limits.
(4) Area Four is bounded to the North at the
Western corner by Orangewood Avenue,
along Orangewood Avenue to Valley View
Street, North to the Stanton Storm
Channel, along the Stanton Storm Channel
to the City limits to the East; by the
West, East, and South City limits.
Sec. 25 -47. Credit for Private Open Space. 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, such areas may be credited 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 -45 hereof, to a
maximum of fifty percent (50 %) of the required dedication or
the payment of fees, provided the Design Review Committee
finds it is in the public interest to do so, and that the
following standards are met:
(a) 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,
(b) That the private ownership and maintenance of the
open space is adequately provided for by written
agreement; and,
(c) 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,
(d) 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; and,
(e) 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.
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Sec. 25 -48. Choice of Land or Fee in Lieu Thereof.
(a) Procedure. The procedure for determining
whether the subdivider is to dedicate land, pay a
fee, or both, shall be as follows:
(1) Action by Subdivider. At the time of
filing a tentative tract map for
approval, the subdivider shall, as a part
of such filing indicate whether the
subdivider desires to dedicate property
for park and recreational purposes, or
whether the subdivider desires to pay a
fee in lieu thereof. If the subdivider
desires to dedicate land for the purpose,
the subdivider shall designate the area
thereof on the tentative map as
submitted.
(2) Action of City. At the time of the
tentative tract map approval, the City
Council shall determine as a part of such
approval, whether to require a dedication
of land within the subdivision, a payment
of a fee in lieu thereof, or a
combination of both. If it shall
determine to require a dedication of
land, the City Council shall designate
the area thereof on the tentative tract
map as submitted.
(3)
Prerequisites for Approval of Final
Map. Where dedication is required, it
shall be accomplished in accordance with
the provisions of the Subdivision Map
Act. Where fees are required, the same
shall be deposited with the City prior to
the approval of the final tract map.
Open space covenants for private park or
recreational facilities shall be
submitted to the City prior to approval
of the final tract map and shall be
recorded contemporaneously with the final
tract map.
(b) Determination. Whether the City Council
accepts land dedication or elects to require
payment of a fee in lieu thereof, or a combination
of both, shall be determined by consideration of
the following factors:
(1) Recreational Element of the City's
General Plan; and,
(2) Topography, geology, access, and location
of land in the subdivision available for
dedication; and,
(3) Size and shape of the subdivision and
land available for dedication.
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(c) Subdivisions Involving Fifty (50) Parcels
or Less. On subdivisions involving fifty (50)
parcels or less, only the payment of fees shall be
required.
Sec. 25 -49. Time of Commencement. At the time the
final tract map is approved, the City Council shall
designate the time when development of park and recreational
facilities shall be commenced. Unless otherwise specified,
the City shall begin development of park and recreational
facilities within five (5) years from the time of final
inspection and acceptance of tract improvements by the City
Council.
Sec. 25 -50. Use of Land and /or Fees; Relationship
of Facilities to Needs. The land and /or fees received under
this Article shall be used for the purpose of providing park
and recreational facilities to help serve the inhabitants of
the subdivision from which received, and the park and
recreational facilities so developed shall bear a reasonable
relationship to the needs therefor generated by the future
inhabitants of the subdivision."
SECTION II. Section 9.2, "Property Development
Standards: Residential Zones," of Appendix I, "Zoning," of
the Code of the City of Cypress is hereby amended by the
addition of a new subsection A5 to read as follows:
"A5. All residential development plans
or applications which permit the
construction of a single parcel, multi-
family residential development,
('apartment'), shall be subject to the
dedication and /or fee provisions and
requirements of Article VI, 'Park and
Recreational Facilities,' of Chapter 25
of the Code of the City of Cypress as the
same presently exists or as may be from
time to time hereafter amended."
SECTION III. If any section, subsection,
subdivision, sentence, clause, phrase, or portion of this
Ordinance, is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council
hereby declares that it would have adopted this Ordinance,
and each section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that
any one or more sections, subsections, subdivisions,
sentences, clauses, phrases or portions thereof be declared
invalid or unconstitutional.
SECTION IV. The City Clerk is hereby authorized
and directed to certify as to the passage of this Ordinance
and to give notice thereof by causing copies of this
Ordinance to be posted in three public places throughout the
City.
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FIRST READ at a regular meeting of the City Council
of said City held on the 9th day of September
1991 and finally adopted and order posted at a regular
meeting held on the 23rd day of September ,
1991.
diet
MAYOR OF THE I Y OF CYPRESS
ATTEST:
CITY CLERK 0 THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
I, DARRELL ESSEX, City Clerk of the City of
Cypress, California DO HEREBY CERTIFY that the foregoing
Ordinance was duly adopted at a regular meeting of the City
Council of the City of Cypress, held on the 23rd day
of September , 1991, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Kerry, Nicholson, Partin
and Bowman
NOES: 0 COUNCIL MEMBERS: None
ABSTAINED: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLE1 T CITY OF CYPRESS