Ordinance No. 769ORDINANCE NO. 769
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
MAKING AMENDMENTS AND ADDITIONS TO THE CYPRESS CITY CODE
CONCERNING SUBDIVISIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 25 -43 of the Cypress City Code (hereinafter referred
to as the "Code ") is amended to read as follows:
"Relation of Land Required to Population Density. It is
hereby found and determined:
A. That the public interest, convenience, health, welfare
and safety require that four and one -half (42) acres
of property for each one thousand (1,000) persons
residing within this City be available for park and
recreational purposes.
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 (11) acres of property
for each one thousand (1,000) persons residing within
the City for park and recreational purposes; and
C. That the remainder of the required four and one -half
(42) acres shall be supplied by the requirements of
this article and the recreation program of the City."
SECTION 2. Section 25 -44 of the Code is amended to read as
follows:
"Population Density. Population density per household for
the purpose of this Article shall be as determined by the
most recent population and housing summary report published
by the State of California Department of Finance."
SECTION 3. Section 25 -45 of the Code is amended to read as
follows:
"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, deter-
mined by the following calculation:
A. The number of persons residing within a proposed resi-
dential subdivision shall be determined by multiplying
the number of dwelling units by the population density.
B. The number of persons residing within a proposed resi-
dential subdivision shall be multiplied by the parkland
standard, 130.68 square feet, to determine the required
area of land to be dedicated.
SECTION 4. Section 25 -46 of the Code is amended to read as
follows:
"Amount of Fee in Lieu of Land Dedication. Where a fee is
required to be paid in lieu of land dedication, such fee
shall bear the same ratio to the fair market value of the
lands to be subdivided as the amount of land which would be
dedicated pursuant to Section 25 -45, if dedication were
required, bears to the number of persons residing within
the proposed subdivision. Fair market value shall be deter-
mined by an appraisal of the subject property by an M.A.I.
real estate appraiser. The determination of said M.A.I.
appraiser may be accepted by the City Council, or the Council
may obtain a second appraisal by an M.A.I. real estate
appraiser which it shall accept as the final determination
of fair market value."
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8ECT1ON 5. Section 25 -47 of the Code is amended to read as
follows:
"Credit for Private Open Space. Where private open space
for park and recreational purposes is provided in a pro-
posed subdivision and such space is to be privately owned
and maintained by the future residents of the subdivision,
such areas shall 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 maxi-
mum of fifty percent (50 %) of the required dedication or
the payment of fees, provided the City Council finds it
is in the public interest to do so, and that the follow-
ing 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 in
substantial accordance with the provisions of the
recreational element of the General Plan, and are
approved by the City Council."
SECTION 6. Section 25 -48.C. of the Code is amended to read as
follows:
"Subdivisions Involving Twenty -Five (25) Lots or Less -
On subdivisions involving twenty -five (25) lots or less,
only the payment of fees shall be required."
FIRST READ at a regular meeting of the City Council of said City held on
the 24th day of November 1986, and finally adopted and ordered posted at a
regular meeting of said Council held on the 8th day of December 1986.
ATTEST:
i"i
CITY CLERK OF THE CITY OF CYPRESS
MAY OF THE CITY OF CYPRESS
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Ordinance was duly adopted at a regular meeting of said
City Council held on the 8th day of December 1986, by the following roll
call vote:
AYES: 5 COUNCIL MEMBERS: Arnold, Coronado, Davis, Mullen and Kanel
NOES: 0 COUNCIL MEMBERS: None
ABSENT:O COUNCIL MEMBERS: None
CITY CLERK c
THE CI Y OF CYPRESS