Ordinance No. 71731(f-
ORDINANCE NO. 717
AN ORDINANCE MAKING AMENDMENTS AND ADDITIONS
TO THE CITY CODE OF THE CITY OF CYPRESS
CONCERNING SUBDIVISIONS
The City Council of the City of Cypress DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Section 25 -3 of the City Code of the City of
Cypress (hereinafter referred to as the "Code ") is amended to
read as follows:
"Conditional exceptions to the standards and requirements
of this chapter may be authorized by the city council in the
case of land divisions by tract map, reversions to acreage, and
from any decision of the director of public works and planning
director; by the director of public works and planning director
in the case of lot divisions by parcel map, lot line
adjustments, lot consolidations and combinations, if
exceptional or special circumstances exist. Such circumstances
may include limited property size, unusual property shape,
unique industrial or commercial development problems, extreme
topography, dominating drainage problems, adverse environmental
efforts, or the impracticability of employing a comprehensive
plan or layout by reason of a prior existing development on
contiguous properties. Where applicable, procedures set forth
in the Cypress Zoning Ordinance shall apply."
Section 2. Section 25 -4 of the Code is amended to read
as follows:
"The city council, in the case of land divisions by
tract map or parcel maps, and the director of public works or
planning director in the case of lot line adjustments, shall
deny said divisions of land if the said divisions do not comply
with the provisions of this chapter, after considering any
approved exceptions as provided herein. The council, director
of public works or planning director shall also deny said
divisions if they do not meet the provisions of state law
regarding subdivisions, divisions of land, planning and
environmental considerations, or fail to comply with the ci 5
general plan."
Section 3. Section 25 -5 of the Code is amended to read
as follows:
"The planning director is designated as the advisory
agency, as the same is referred to in the Subdivision Map Act,
and is charged with the duties of investigating and reporting
on the design and improvement of proposed divisions of land and
the imposition of requirements or conditions thereof. The
planning director and public works director shall constitute
the advisory agency for reviewing lot line adjustments."
Section 4. Section 25 -9 of the Code is amended to read
as follows:
"The planning director is charged with the duty of making
investigations and reports on the design and improvement of
proposed subdivisions; and is hereby authorized to recommend to
the city council the approval, conditional approval, or
disapproval of tentative maps prepared and filed in accordance
with this chapter and in accordance with state law, and to
report to the city council the action taken on said tentative
maps."
Section 5. Section 25.10(g) of the Code is amended to
read as follows:
"(g) Provision of notice of application for approval of
tentative map to landowners within 300 feet.
Whenever approval of a tentative map will constitute a
substantial or significant deprivation of the property rights
of owners of real property situated within 300 feet of the
property which is the subject of the application for approval,
the city planning department shall provide notice of the
application to such surrounding landowners by mail, by posting
on and off the subject property, by delivery to the owners by
means other than mail, or by any other method reasonably
calculated to provide actual notice to such surrounding
landowners of the hearing to be held regarding approval of the
application."
3 1“ection 6. Previously existing Section 25 -10(g) of the
Code is renumbered as Section 25 -10(h) and is amended to read
as follows:
"(h) Report by public works and planning departments.
Prior to the consideration of a tentative subdivision
map by the city council, the director of public works and the
planning director shall make a report to the city council
containing their recommendations or comments concerning the
tentative map and its bearing on the community. Such reports
shall be in writing, and a copy shall be served on the
subdivider at least three (3) days prior to any action on the
map by the city council."
Section 7. Section 25 -10(h) is renumbered as Section
25 -10(i) and is amended to read as follows:
"(i) Action by Advisory Agency.
The advisory agency shall recommend approval,
conditional approval, or disapproval of a tentative tract map
of a subdivision and report thereon to the city council in
writing within fifty (50) days after such map has been filed.
However, if an Environmental Impact Report is prepared for the
tentative map, the fifty (50) day period specified in this
subsection shall not be applicable and the advisory agency
shall render its report or decision required by this subsection
within forty -five (45) days after certification of the
Environmental Impact Report."
Section 8. Previously existing Section 25 -10(i) of the
Code is renumbered as Section 25 -10(j) and is amended to read
as follows:
"(j) Action by city council.
Upon receipt of the report from the director of public
works and the planning director, the clerk of the city council
shall set the matter before the city council at its next most
convenient regularly scheduled meeting, which meeting shall be
within thirty (30) days after the clerk's receipt of the
report. Should the matter be set for a meeting which is prior
to the end of said thirty (30) days, then the city council may3 j7
continue the matter until another time, provided final action
is taken within said thirty (30) days. At the meeting the city
council shall hear all of the evidence and shall act upon the
advisory agency's report, and shall approve, conditionally
approve, or disapprove the tentative tract map. The action of
the council shall be recorded in the form of a resolution, and
shall contain the facts and reasons for the approval,
conditional approval, or denial of the tentative map. No
tentative tract map shall be approved unless the council finds
that the proposed subdivision, along with its design and
improvement, is consistent with the general plan of the city
and that none of the findings set forth in Government Code
Section 66474 and 66474.6 can be made. The city clerk shall
report the council's action on the tentative map to the
subdivider and to the planning director within fifteen (15)
days following such action."
Section 9. Previously existing Section 25 -10(j) of the
Code is renumbered as Section 25 -10(k) and is amended to read
as follows:
"(k) Extension of tentative approval period.
Upon written application filed with the planning
director within the twenty -four month period following approval
or conditional approval of a tentative subdivision tract map by
the city council, and prior to its expiration, extensions
beyond the twenty -four month period may be recommended for
approval by the city council. The planning director's report
shall be forwarded to the clerk of the city council for action
by council. The clerk shall put the matter before the council
at its next most convenient regularly scheduled meeting, which
meeting shall be within thirty (30) days after the clerk's
receipt of the planning director's recommendation. The council
shall thereupon act on the requested extension. The sum of all
such extensions granted by the city council shall not exceed a
total of twelve (12) months. The clerk of the city council
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shall notify, in writing, the applicant or subdivider of the
respective actions of the planning director and city council,
within five (5) days of the recommendation or decision made.
At the time any tentative tract map is extended or
recommended for extensions, the planning director may recommend
any new conditions the planning director sees fit as a
condition of the extension, subject to the approval of the
council, and the council may, at the time of its decision, add
any new conditions deemed appropriate. If no final map for all
or any of the land shown on the approved tentative tract map is
recorded within the initial twenty -four month approval period
or within any subsequent extensions as above provided, then all
proceedings shall terminate, and no final tract map shall be
• filed or recorded without first processing a new tentative
tract map."
Section 10. Section 25 -11(a) of the Code is amended to
read as follows:
"(a) Time limit for filing.
1 Within a period of twenty -four (24) months after the
date upon which the city council granted its approval or
conditional approval of a tentative subdivision tract map, the
subdivider may cause the subdivision, or any portion thereof,
to be surveyed and a final map to be prepared, filed with the
city, and recorded, as herein provided, in accordance with the
tentative map as approved, unless an extension of time has been
granted in accordance with the provisions of Section 25- 10(k).
In the case of multiple final maps relating to an
approved or conditionally approved tentative map, such maps may
be filed with the city prior to the expiration of the tentative
map if: (1) the subdivider, at the time the tentative map is
filed, informs the city in writing of the subdivider's
intention to file multiple final maps on such tentative map, or
(2) after filing of the tentative map, the city and the
subdivider consents in writing to the filing of multiple maps.
In providing such notice, the subdivider shall not be required
to define the number or configuration of the proposed multip18 1 9
final maps. In addition, the filing of a final map on a
portion of an approved or conditionally approved tentative map
shall not invalidate any part of such tentative map. The City
may impose reasonable conditions relating to the filing of
multiple final maps."
Section 11. .Section 25 -16(c) of the Code is amended to
read as follows:
"(c) Examination and report on tentative parcel map.
Each tentative parcel map filed should be examined by
the director of public works and planning director for its
correctness in compliance with city ordinances and policies. A
written report of their findings and recommendations shall be
delivered to the city council within fifty (50) days of the
filing of the tentative parcel map. However, if an
Environmental Impact Report is prepared regarding the tentative
map, the fifty (50) day period specified in this subsection
shall not be applicable and the director of public works and
planning director shall render their report required by this
subsection within forty -five (45) days after certification of
the Environmental Impact Report. In either case, the public
works and planning directors' report shall also be sent to the
applicant of record, and to each tenant of the subject property
in the case of a proposed conversion of residential real
property or stock cooperative project, at least three (3) days
prior to any action taken on the tentative parcel map by the
city council. The planning director shall mail a written
notice to all owners of record properties adjoining the
properties being considered for division of the time and place
of the meeting at which the tentative parcel map will be
considered by the city council. Such notice shall be mailed at
least five (5) days prior to the date of said meeting."
Section 12. Section 25 -17 of the Code is amended to read
as follows:
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"Action by City Council.
At its first regular meeting held after receipt by the city
clerk of the above written report and recommendations, the city
council shall fix the meeting date at which the tentative maps
will be considered by it, which date shall be within thirty
(30) days thereafter, and the city council shall approve,
conditionally approve, or disapprove the tentative map within
such thirty (30) day period. Notification by mail of the time
and place at which action on the tentative parcel map will be
considered by the city council shall be sent to the applicant
or owner not less than five (5) days prior to the meeting at
which the action will be considered. The decision of the city
council shall be final, and the city clerk shall make a written
• report of the outcome directly to the applicant or owner and
the various city departments. Such written report shall
specify the facts and reasons for the decision made with a
finding as to whether or not the division, along with its
improvement and design, conforms to the city general plan."
Section 13. Section 25 -19 is amended to read as follows:
"(a) From action by the advisory agency.
If any interested party is dissatisfied with any
requirement, ruling, finding or disapproval by the advisory
agency with respect to the map or the kinds, nature and extent
of the improvements and conditions imposed, he shall within ten
(10) days after such action appeal in writing to the city
council for relief. Said written appeal shall be filed with
the city clerk and shall set forth the grounds and reasons for
such an appeal. The city council may sustain, modify or
overrule any such requirements, ruling, finding, or disapproval
of the advisory agency, and may modify the kinds, nature and
extent of any improvements required. The city council shall
consider such appeal within thirty (30) days of its filing with
the city clerk. Notification by mail of the time and place at
which the appeal will be considered by council shall be sent to
the applicant or owner not less than five (5) days prior to the
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meeting at which the appeal will be considered. The decision
of the city council shall be final, and upon making its
decision the city clerk shall make a written report of the
outcome directly to the applicant or owner and to the various
city departments."
"(b) From action by the director of public works and/
or planning director.
If any interested person or the applicant for a lot
line adjustment wishes to appeal the decision of the director
of public works and /or planning director or the requirements
and conditions pertaining to this approval, conditional
approval, or denial of the lot line adjustment, said person
shall file a written appeal with the planning director within
ten (10) days of the decision. The tentative map, along with
the staff report setting forth the requirements and other
information regarding the lot line adjustment shall then be
sent to the city council, which shall consider the appeal. A
copy of the report shall also be sent to the owner or applicant
making the appeal at least five (5) days prior to action by the
city council. Upon receipt of the report, the city council
shall review the matter within the time and in the manner
specified above for action by the city council concerning a
regular division by parcel map. The decision of the city
council approving, conditionally approving, or denying the
appealed lot line adjustment or conditions thereof, shall be
final."
Section 14. Section 25 -20 of the Code is amended to read
as follows:
"The approval or conditional approval of a tentative parcel
map or tentative map or a lot line adjustment shall be valid
for a period of twenty -four (24) months after the date upon
which the director of public works, planning director, or the
city council, whichever is applicable, granted approval or
conditional approval of the division or lot line adjustment.
During this time, the owner or applicant may cause the parcel
r �. ^ r �
or parce s to be surveyed and a final map to be prepared and
submitted to the director of public works for approval and
subsequent recordation. Upon written application, filed with
the director of public works within the twenty -four month
period following approval or conditional approval of the lot
division, extensions beyond the twenty -four month period may be
granted by the city council in the case of lot divisions, and
by the director of public works in the case of lot line
adjustments. The sum of all such extensions granted shall not
exceed a total of twelve (12) months. If the request for
extension for lot line adjustment is denied, then the applicant
or owner may appeal to the city council in the same manner as
outlined in section 25 -10(b) of this chapter. The decision of
• the city council concerning any extension in the case of lot
divisions shall be final. At the time any tentative parcel map
is extended, the city council or the director of public works,
whichever is applicable, may add any new conditions as they see
fit as a condition of the extension of the tentative map
approval period, subject to appeal city council, in the case of
a lot line adjustments."
Section 15. The Introductory paragraph of Section 25 -21
of the Code is amended to read as follows:
"When a tentative parcel map has been approved or
conditionally approved in accordance with this chapter, a final
map thereof, which shall be in substantial conformance with the
approved tentative map, shall be prepared, approved and signed
by the director of public works, and filed with the county
recorder for recordation. Recordation shall be made within the
twenty -four month period above provided, or within any
subsequent extension duly approved. If no final parcel map is
submitted for approval within the time limits provided, then
all proceedings shall terminate, and no final parcel map of any
portion of the land within said tentative parcel map shall be
approved or recorded without first processing a new tentative
parcel map."
Section 16. The final paragraph of Section 25 -26 of °the
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Code is amended to read as follows:
"The purpose of this article is to define, specify,
regulate and control the design and improvement of public works
facilities, dedications and offers of dedications, and other
requirements imposed as conditions of the acceptance and
approval of final tract maps, final parcel maps, the
combination of lots, lot line ad.ustmcnts,reversions to
acreage, other public works permits, and all other procedures
and processes wherein public improvements, improvement plans
and dedications are required as a condition precedent to
official city approval either by the director of public works,
planning director, or the city council, and to describe and
regulate the preparation and execution of public improvement
performance agreements, improvement securities, bonds and other
instruments guaranteeing the completion of any said required
public improvements."
Section 17. The first sentence of Section 25 -29(L) is
amended to read as follows:
"(L) Landscaping. The open space and other areas owned in
common planned residential and condominium projects shall be
provided with landscaping and irrigation facilities in
accordance with plans to be approved by the planning director."
Section 18. The first sentence of Section 25 -32 of the
Code is amended to read as follows:
"Pursuant to the requirements of this section, whenever any
tentative tract or parcel map or map for the reversion of lots
to acreage is filed, all electrical, telephone, community
antenna television and similar wires, cables, services and
appurtenances which provide direct service to the property
being subdivided, divided or developed, shall be installed
underground, and all existing facilities providing direct
service to the building, structure or development being added
to or rebuilt shall be undergrounded as a condition precedent
to the approval of such tentative or final parcel map or
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ivision tract map, by the city council, director of public
works or city staff, whichever is applicable."
Section 19. Section 25- 32(b)(3) of the Code is amended
to read as follows:
"(3) The director of public works shall consider the
application and the facts thereon, and shall, within twenty
(20) days after its filing, grant or deny the appeal, or
modify the requirements which caused the appeal, and shall
notify the appealing party in writing of his decision. Any
action or decision taken or made by the director of public
works may be appealed to the city council in the same
manner as required for appeals from the requirements of a
use or building permit."
Section 20. Paragraph three of Section 25 -38 of the Code
is amended to read as follows:
"The requirement of dedication shall be imposed at the time
of approval of the tentative tract or parcel map by the city
council. If, within thirty (30) days after the approval of the
tentative map upon which the school site dedication requirement
has been imposed, the elementary school district does not offer
to enter into a binding commitment with the subdivider to
accept the dedication, the requirement for dedication shall be
terminated automatically. The required dedication may be made
any time before, concurrently with or up to sixty (60) days
after the filing and recordation of the final map with the
county recorder."
Section 21. Section 25- 40(c)(2) is amended to read as
follows:
"(2) One hundred percent (100 %) of the total estimated cost
of all the required public and private improvements within the
land division or reversion securing payment to the contractor,
subcontractors and to persons furnishing labor, materials or
equipment to them for the improvement or the performance of the
required act;"
Section 22. The first sentence of section 25 -40(e) of
the Code is amended to read as follows:
325
"The securities posted in conformance with subsections (c)
and (d) above, may be released in whole or in part, as
specified in section 66499.7 of the California Government Code,
upon receipt of a written request from the principal."
Section 23. Section 25 -41 of the Code is amended to read
as follows:
"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."
Section 24. Section 25 -42 of the Code is amended to read
as follows:
"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. 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."
Section 25. Section 25 -43(a) of the Code is amended to
read as follows:
"(a) That the public interest, convenience, health, welfare
and safety require that three (3) acres of property for each
one thousand (1000) persons residing within this city be
devoted to park and recreational purposes."
Section 26. Section 25 -48 of the Code amended to read as
follows:
"(a) Procedure. The procedure for determining whether the
subdivider is to dedicate land, pay a fee, or both, shall be as
follows:
320
(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 he desires to dedicate
property for park and recreational purposes, or whether he
desires to pay a fee in lieu thereof. If he desires to
dedicate land for this purpose, he 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;
(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.
(c) Subdivisions involving fifty (50) lots or less. On
subdivisions involving fifty (50) lot or less, only the payment
of fees shall be required."
Section 27. Article VIII is added to chapter 25 of the
Code to read as follows:
"ARTICLE VIII. NEW RENTAL HOUSING CONVERS
Section 25 -53. Condominium developments.
Upon application by a subdivider, in connection with the
approval of a tentative or final map for the proposed
construction of a condominium development, which requires the
obtaining of a tentative or final map under the provisions of
this chapter, the city may enter into a binding agreement with
the subdivider mandating that the units be first made available
for rental housing for a period of not less than ten (10) years
from the date the certificate of occupancy has been issued for
the units within the development; provided that: (1) at the
expiration of the ten (10) year period the units within the
development may be sold to individual purchasers in accordance
with the approved final map authorizing the development without
327
further proceedings under the provisions of this chapter, and
(2) during the period the units are required to be made
available for rental purposes, the units are insured or are to
be insured or co- insured pursuant to the provisions of chapter
4 (commencing with Section 51850) of Part 4 of Division 31 of
the California Health and Safety Code, and (3) each tenant of a
unit within the development shall be given by the developer one
hundred eighty (180) days prior to actual conversion written
notice that includes an offer of an exclusive right to contract
on the part of the tenant for his or her respective unit upon
the same terms and conditions that such unit will be initially
offered to the general public or on terms more favorable to the
tenant. This exclusive right shall run for a period of ninety
(90) days from the date written notice of actual conversion is
sent to the tenant by the subdivider.
Any agreement made between the city and a subdivider shall
be in writing, shall describe in particular the real property
affected thereby, shall set forth the name or names of the
record title owner of the real property affected, and shall be
executed by the planning director and the subdivider. Any such
agreement shall also provide that from the date of execution of
328
the Agreement, it shall be binding upon the city, the
subdivider and their successors. When a condominium
development is subject to such an agreement, that fact shall be
set forth on the face of any tentative or final map approved by
the city, and the agreement shall be recorded in the Office of
the County Recorder of the County of Orange on or before the
date of recordation of the final map.
Section 25 -54. Notice to prospective tenants.
Subsequent to receiving tentative map approval from the
city to convert a building to a condominium, community
apartment, or stock cooperative, and prior to the acceptance of
any rent or deposit from a prospective tenant, a subdivider
shall provide prospective occupants of said condominium,
community apartment, or stock cooperative with the following
notice:
To the prospective occupant(s) of
(address)
The owner(s) of this building at (address)
, received a tentative map with
the City of Cypress to convert this building to a (condominium,
community apartment, or stock cooperative) no sooner than
(date)
You will be notified at least one
hundred eight (180) days prior to the actual conversion.
Further, if you still reside in your unit, you will be given an
exclusive right to purchase your unit.
Date:
Signature of owner or owners'
agent)
I have received this notice on
(date)
(Prospective tenants' signature)"
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Section 28. Severability.
If any section, subsection, subdivision, sentence, clause,
phrase or portion of this ordinance, or the application thereof
any person or place, 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 or its application to
other persons or places. 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, or the application thereof any person or
place, be declared invalid or unconstitutional.
Section 29. 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.
FIRST READ at a regular meeting of the City Council of said
City held on the 14th day of November , 1983, and
finally adopted and ordered posted at a regular meeting of said
Council held on the 28th day of November , 1983.
ATTEST:
Mayor of the City of Cypress
City Clerk f the City of Cypress
330
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 28th day of
November , 1983 by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Kanel, Lacayo, Mullen, and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Coronado
Cit C erk ff the •ity of Cypress