Ordinance No. 582ORDINANCE NO. 582
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
REPEALING CHAPTER 25 OF THE CYPRESS CITY CODE AND ADOPTING
A NEW ORDINANCE PROVIDING FOR AND ESTABLISHING REQUIREMENTS
FOR THE SUBDIVISION OF LANDS WITHIN THE CITY OF CYPRESS.
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS:
SECTION I. Chapter 25 of the Code of the City of Cypress outlining
the requirements for the subdivision of lands within the City of Cypress
and as specified in Ordinance No. 77 and all subsequent amendments thereto
is hereby repealed in its entirety.
SECTION II. Chapter 25 of the Code of the City of Cypress is hereby
adopted to read as follows:
CHAPTER 25
SUBDIVISIONS
Article I General Provisions
Article II Division of Land by Tract Map
Article III Division of Land by Parcel Map
Article IV Reversion to Acreage and Combination and Consolidation of Lots
Article V Public Improvements, Dedications, Performance Agreements, and
Improvement Securities
Article VI Park and Recreational Facilities
Article I
GENERAL PROVISIONS
S 25 -1 Applicability of Chapter
S 25 -2 Compliance with Chapter
S 25 -3 Exceptions
S 25 -4 Denial of Land Division
S 25 -5 Advisory Agency Designated - Powers and Duties Thereof
S 25 -6 Definitions
Section 25 -1 Applicability of Chapter. Pursuant to the provisions
of Division 2 of Title 7 of the Government Code of the State of California
referred to in this Chapter as the Subdivision Map Act, the Streets and Highways
Code, Public Resources Code, Business and Professions Code, and to all other
regulations provided by law, the regulations, requirements, and controls
contained in this Chapter shall apply to all divisions of land, including
subdivisions, parts of subdivisions, lot divisions, reversions to acreage,
lot combinations and consolidations, and lot line adjustments.
Section 25 -2 Compliance with Chapter. A. No person, firm, corporation,
partnership, or association shall offer to sell or lease to contract to sell
or lease, to sell or lease, or to finance any parcel or parcels of real
property, or to commence construction of any building or structure for sale,
lease or financing thereon, or to allow occupancy thereof, and no building
permit, certificate of use and /or occupancy, or other official evidence of
authority for the use of the premises shall be valid, unless the lot, parcel,
or parcels in question are shown in the office of the County Recorder as a
part of one of the following: (1) a subdivision tract map, filed and approved
in compliance with the Subdivision Map Act; (2) a lot or parcel created by
the division, combination, or reversion of a lot or lots in compliance with
the Subdivision Map Act, and /or local ordinances and which is shown on a
parcel map or record of survey map; or, (3) the lot or parcel is a legal lot
as defined in the Zoning Ordinance of the City of Cypress.
B. No reversion to acreage, or lot combination shall be
valid unless the provisions of this Chapter are first met.
Section 25 -3 Exceptions. 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
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of the Advisory Agency or Director of Public Works and Planning Director; by
the advisory agency in the case of lot divisions by parcel map; and by the
Director of Public Works and Planning Director in the case of lot line adjust-
ments, lot consolidations, 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 effects, or the imprac-
ticability 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 25 -4 Denial of Land Division. The City Council, in the case of
land divisions by tract map, and the Planning Commission, in the case of
divisions by parcel map, 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, Planning
Commission, 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 City's General Plan.
Section 25 -5 Advisory Agency Designated. Powers and Duties Thereof.
The Planning Commission is designated as the Advisory Agency, as same is
referred to in the Subdivision Map Act, and is charged with the duty of
investigating and reporting on the design improvement of proposed divisions
of land and the imposition of requirements or conditions thereon. The Planning
Commission also shall have the power to approve, conditionally approve or
disapprove proposed divisions of land by parcel map. The Planning Director and
Public Works Director shall constitute the Advisory Agency for reviewing lot
line adjustments.
Section 25 -6 Definitions. The words and phrases used in this title
shall have the meanings respectively ascribed to them by the Zoning Ordinance
of the City of Cypress. Whenever any words or pharases used are not defined
in the Zoning Ordinance, but are defined in the Subdivision Map Act or other
State laws, such definitions shall govern unless the context clearly indicates
that a different meaning is intended.
Article II
DIVISION OF LAND BY TRACT MAP
S 25 -7 Purpose
S 25-8 Applicability of Chapter
S 25 -9 Planning Commission Report to City Council
S 25 -10 Tentative Maps
S 25 -11 Final Maps
S 25 -12 Lots
S 25 -13 Fees
Section 25 -7 Purpose. The purpose of this chapter is to regulate and
control the following:
A. The subdivision of land by tract map when said land is
entirely or partially within the City by supplementing the provisions of the
Subdivision Map Act.
B. The form and content of all tract maps relating to the
subdivision of land.
C. The procedure to follow in securing City approval of
such maps.
Section 25 -8 Applicability of Chapter. The requirement for a final
tract map and other requirements pertaining thereto in this Chapter shall
apply to all subdivisions requiring a tentative and final map as provided
in the Subdivision Map Act.
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Section 25 -9 Planning Commission Report to the City Council. The
Planning Commission 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 25 -10 Tentative Maps. A. Preparation - A tentative tract
map of a subdivision shall be prepared in accordance with State law and the
provisions of this Chapter.
B. Conference with Planning and Public Works Departments'
Staffs Prior to Filing - After noting the requirements of this Chapter, it is
desirable that the subdivider should confer with the staffs of the Planning and
the Public Works Departments before preparing a tentative map.
C. Filing of Tentative Map: Filing Date Defined;
Distribution - Each proposed subdivision shall be submitted in map form, along
with a written application, to the Planning Director. The application shall be
in a form as specified by the Director, and the tentative map should be submitted
prior to the completion of final surveys, plan preparations, grading, or
construction work which could be affected by any change in the tentative map.
The subdivider or applicant shall ascertain from the Planning Department
the number of copies of the tentative map to submit, and upon submittal,
copies shall be forwarded to applicable City staff members, Departments, and
Commissions, to each City, local agency or district entitled by law to review
and recommend thereon, and to any other group, body, agency, or district
deemed necessary by the Planning Director. For the purposes of this title,
and pursuant to the provisions of the Subdivision Map Act, the date of filing
of a tentative map for subdivision of land by either tract map or parcel map,
shall be the date upon which the Planning Director, after having received
the application and tentative map from the applicant, files a draft Environmental
Impact Report or Statement, or a Negative Declaration, or makes the determination
that such Report, Statement, or Declaration is not required for the subdivision
of land submitted. When required, a copy of the draft Environmental Impact
Report shall be submitted at the time of submittal of the Tentative Tract Map.
D. Size of Map - The size of such tentative map or maps
shall be any dimension sufficient to clearly show the entire subdivision on
one sheet, at a scale not less than one hundred feet to the inch.
E. Information on Map - Each Map shall contain the following
information in addition to that required by the Subidivision Map Act:
1. Tract number assigned by the county surveyor.
2. Name and address of the owner or owners whose property
is proposed to be subdivided, and the name and address
of the registered civil engineer, licensed surveyor, architect
or other person who prepared the map.
3. North point, scale, and date of preparation of the tentative
map.
4. Boundary lines.
5. The locations, width, approximate grade, center line
radii, and proposed names of all streets within the
boundaries of proposed subdivision, and the location and
width of proposed alleys and /or public service easements.
6. Name, location and width of each adjacent street.
7. Lot number, lot lines and approximate dimension of each
lot, and drainage direction of each lot.
8. Approximate location and width of watercourses or areas
subject to inundation from floods, and the location of
structures, irrigation ditches, railroads and other per-
manent physical features.
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9. Description of the exterior boundaries of the subdivision
or legal description of the property comprising the
subdivisions.
10. Width and location of all existing or proposed public
or private easements.
11. Classification of lots as to intended residential,
commercial, industrial, or other uses.
12. Proposed location, direction of flow, and disposal
point for storm drains and appurtenant structures.
13. Proposed location, size, direction of flow, and disposal
point for sanitary facilities.
14. Contours, street profile and cross - sections, together
with the location of all cut and fill slopes or a
separate tentative grading plan, if necessary in the
opinion of the Director of Public Works.
F. Supplemental Information - The tentative map shall show
thereon or be accompanied by reports and written statements from the sub-
divider giving essential information regarding the following matters:
1. Source of water supply.
2. Type of street improvement and utilities which the
subdivider proposes to install.
3. Protective covenants to be recorded.
4. Such other information as may be deemed necessary by
the Public Works Director or Planning Director.
G. Report by Public Works and Planning Departments - Prior
to the consideration of a tentative subdivision map by the Planning Commission,
the Director of Public Works and the Planning Director shall make a report
to the Planning Commission 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 Planning Commission.
Any subsequent reports prepared by the Director of Public Works or the Planning
Director for consideration by the City Council after action by the Planning
Commission shall likewise be in writing, and shall be similarly served upon
the subdivider at least three (3) days prior to action on the tentative tract
map by the City Council.
H. Action by the Planning Commission - The Planning Commission
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, unless the subdivider
agrees to a time extension. Their report shall be transmitted to the Council
within ten (10) days after action by the Planning Commission. The recommendation
of the Planning Commission to the City Council shall be in the form of a
written resolution, and shall contain the facts and reasons upon which the
recommendation was based, and shall include a finding that said division is
or is not consistent with the City General Plan and a statement whether or
not any of the findings set forth in Government Code Section 66474 can be made.
I. Action by City Council - Upon receipt of the report from
the Planning Commission, 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 30 days, then the City Council may continue the matter
until another time, provided final action is taken within said thirty days.
At the meeting, the City Council shall hear all of the evidence and shall act
upon the Planning Commission'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
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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
Commission within fifteen (15) days following such action.
J. Extension of Tentative Approval Period - Upon written
application, filed with the Planning Director within the 12 -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
12 -month period may be recommended for approval by the Planning Commission.
The Planning Commission'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
Commissions' 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 12 months. The Clerk of the Planning Commission and the
Clerk of the City Council shall notify, in writing, the applicant or subdivider
of the respective actions of the Planning Commission and City Council, within
five days of the recommendation or decision made.
At the time any tentative tract map is extended or
recommended for extensions, the Planning Commission may recommend any new
conditions it 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 12 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 25 -11 Final Maps. Final tract maps of subdivisions whose
tentative maps have been approved, or conditionally approved by the City
Council, shall be submitted, reviewed, and processed in conformance with this
Section.
A. Time Limit for Filing - Within a period of twelve (12)
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 extention of time
has been granted in accordance with the provisions of Section 25 -10 (J).
B. Filing of Final Map - For the purposes of filing a final
tract map, the subdivider shall submit to the Director of Public Works an
original final map tracing, one duplicate tracing, and four blue -line prints
thereof. One print shall be returned to the subdivider, showing any corrections
to be made, or a statement by the Director of Public Works that the map is
correct. The remaining copies shall be used for other departmental purposes.
When the final map is found to be correct, and the subdivider has posted all
agreements and improvement securities as elsewhere provided in this Chapter
or as required by State law and City law, and when the balance of fees, as
required by resolution or ordinance of the City Council have been paid, and
all other conditions precedent to the approval of the tentative map have been
met, the final map tracing shall be certified by the Director of Public Works
as to its correctness, its substantial conformance to the approved tentative
map, and the fact that all requirements imposed by the Subdivision Map Act
and City laws in effect at the time of approval of the tentative map have
been complied with. After such certification, the final map shall be put
before the City Council for final approval. The City Council, within a period
of ten (10) days after the Director of Public Works has filed the map with
them for approval, or at the next regular meeting held after its receipt,
whichever is later, shall consider the final map. The Council shall
approve the final map if it finds that it substantially conforms to the
tentative map and to all the applicable sections of the Subdivision Map
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Act, and local codes and ordinances in effect at the time the tentative map
was approved or conditionally approved. If it does not so conform, the Council
shall disapprove the final map. If the City Council does not approve or
disapprove the final map within the prescribed time, or any authorized
extension thereof, and the map conforms to said requirements, it shall be
deemed approved, and the City Clerk shall certify its approval thereon. If
the final tract map is found not to conform to the above requirements, and
its failure to conform is the result of a technical or inadvertant error, the
City Council may find that said error does not materially affect the validity
of the'map, and thereupon approve the final map.
At the time of final map approval, the City Council
shall accept all dedications, offers for dedications, accept them subject to
their improvement, or reject them, or any combination thereof. The City
Clerk shall certify on the map the action of the Council. The City Council
may accept such dedications by separate instrument. The Council, at the time
of final map approval, shall also approve the execution of any required
performance agreements entered into by the subdivider as a guarantee of
completion of any public improvements required as a condition precedent to
the approval of the tentative map. Upon completion of the required certificates
by the City Clerk, the final map shall be transmitted to the County Recorder
for recordation. After recordation, the subdivider shall provide the Public
Works Department with one print thereof, on cloth or other material as
approved by the Director of Public Works, and one reproducible copy on tracing
cloth or polyester base film, which shall both be permanently filed in the
office of the Director of Public Works.
C. Required Information on Final Map - The final map shall contain
the following information in addition to that required by the Subdivision Map Act:
1. If more than three sheets are used, an index showing the
entire subdivision, with lots, streets, etc., shall be
included on the title sheet, if there is room, or on the
second sheet.
2. The number of the tract, and a statement as to whether it
is the first, successive, or final increment of an
approved tentative tract of a different number.
3. Date of preparation, north point, and scale.
4. A description of the land being subdivided.
5. Location and names, without abbreviations, of all:
(a) proposed streets, highways, alleys, and public
service easements,
(b) proposed public areas and all other easements,
(c) adjoining and nearby streets, alleys, and easements.
6. Dimensions shall be in feet and decimals of a foot, to
the closest hundredth.
7. The dimensions of all lots.
8. Each lot shall be numbered; each block may be lettered
or numbered. Each lot shall be shown entirely on one
sheet.
9. Center line data on streets, easements, alleys, etc.,
including bearings, distances, and curve data.
10. The exterior boundary of the land included in the subdivision
shall be indicated by distinctive symbols, and be clearly so
designated.
The submittal of any of the above reference information
may be waived by the Public Works Director or Planning Director when such
information is deemed unnecessary for proper consideration of the map.
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Ditto marks shall not be used on the final map. All
figures, numbers, and writing thereon shall be of such size and clarity so
that copies made from the original will be legible.
D. Title Sheet - The title sheet of the final map shall
contain the number of the tract, the description of the land being subdivided,
together with the words "In the City of Cypress" or "Partly Within the City
of Cypress and Partly Within (unincorporated territory of Orange County
or other City)." Below the title shall be a subtitle consisting of a general
description of the property being subdivided or reverted to acreage. The
title sheet shall contain appropriate certificates and acknowledgements for
execution by the owners of record of the property, the Director of Public
Works, the City Clerk, and County Surveyor, and such others as required by
State, County, or City laws. Where streets, highways, easements, and other
interests in property are being dedicated to the City, or being offered for
dedication, appropriate certificates shall clearly indicate same. A separate
note explaining and describing the basis of bearings upon which the survey
of the tract was made shall be shown on the title sheet, along with a legend
showing the type and character of all monuments found, set, or to be set,
which affect the survey of the subdivision. The date of preparation of a
soils report as required by the Subdivision Map Act, along with the name and
registration number of the responsible civil engineer who prepared it and
the name of the soil engineering firm with whom he is associated, if any,
shall also be noted on the title sheet. The title sheet shall show the name
and state registration number of the civil engineer or land surveyor responsible
for the survey and preparation of the map. A certificate, signed by the
responsible engineer or surveyor, shall also be shown on the title sheet
which shall indicate if the monuments shown have been set or when such
monuments will be set.
E. Record of Easements - The final map shall show the center
line data, width, sidelines, and curve data for all easements to which the
lots in the subdivision are subject. All easements, both existing and of
record, and those to be dedicated or to be offered for dedication, shall be clearly
shown and identified with respect to their present or intended use, and if
of record, proper reference to the record date given. Private easements may,
but need not be, shown on the final map, so long as their presence does not
confuse or detract from the purpose of the final map.
F. Required Survey Data - The final map shall show the
center lines and side lines for all streets, highways, and alleys, with their
lengths and bearings; the length, radii, tangent lengths, and central angles,
with radial bearings for all curves and segments; the total width of each
street and easement, with the width of any portion being dedicated and that
of any existing portion in relation to center line; and the widths of rights -
of -way for railroads, freeways, flood control channels, and all other ease-
ments. Surveys made for the preparation of maps for land divisions shall
be made in accordance with the Land Surveyors' Act, and the standard practices
and principles of land surveying, under the supervision of a civil engineer
or land surveyor licensed in the State of California. A traverse of the
boundaries of the tract, or the lots or blocks therein, or along the center
lines or side lines of the streets and easements shown, shall close within the
tolerances and to the degree of accurancy as required by the Director of
Public Works.
Monuments shall be established and survey data shall be
shown in accordance with the following:
1. New Monuments - Sufficient permanent monuments shall be
set so that the survey or any part thereof may be readily
retraced. Such monuments shall generally be placed at
the corners and angle points of the exterior boundary
of the subdivision, at beginning and endings of curves,
at center line intersections of streets, alleys, and public
service easements, and at other points of control as
required by the Director of Public Works. Stakes shall
be set at all lot corners. The character, type, and
positions of all monuments to be set shall be noted on
the map, and shall conform to the requirements of the
Director of Public Works. All monuments set shall be
taggdd with the engineer's or surveyor's state license
number and designation. Interior monuments and points
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need not be set at the time the final map is recorded
if the engineer or surveyor certifies on the title sheet
of the final map that the monuments will be set on or
before a specified later date, and if the subdivider
furnishes to the City Council a cash bond and
suitable agreement guaranteeing the setting of the
monuments and payment for the cost thereof.
2. Existing Monuments and Survey Information - The final map
shall clearly show all stakes, monuments, ties, or other
evidence found while making the survey to determine the
tract boundaries. The corners of adjoining lots,
subdivisions, and parcels shall be shown and identified,
with ties thereto. Reference shall also be made to all
subdivisions, records of surveys, parcel maps, and other
maps and data of record upon, adjoining, or near the
property being divided, combined or reverted to acreage.
Other survey data and calculations, if required by the
Director of Public Works, shall be shown on the final
map in accordance with his standards and policies.
3. Established Lines and Points Whenever the Director of
Public Works or County Surveyor has established the center
lines of streets, alleys, or easements, or has located
specific points or monuments, such data shall be considered
in making the survey and all monuments and points found
and used shall be indicated on the map with proper
references made to field books, surveys, tie books, or
other maps or information of public record. If the
points were reset by ties, or if record points were not
found, that fact shall be clearly noted and a note made
of any new point set in its place. The final map shall
also show and tie in the locations of any City boundaries
crossing or adjoining the subdivision.
4. Survey Data for Lots - Dimensions of lots shall be the
net dimensions. Each lot shall be shown fully on a sheet.
All lots containing three - quarters (3/4) of an acre
or more, shall show net acreage, and when required by
the Director of Public Works, the gross acreage. Whenever
acreages are shown for lots, blocks, or for the total
tract area, they shall be shown to the nearest thousandth
of an acre, and when required by the Director of Public
Works, in square feet, to the nearest hundredth of a square foot.
Section 25 -12 Lots. The size, dimensions, and configuration of lots or
parcels created by any division of land shall conform with this section and the
Cypress Zoning Ordinance.
A. Lot Numbers - The lots or parcels shall be numbered
consecutively commencing with the number One, with no omissions or duplications.
Block numbers or letters may be used, but are not preferred.
B. Lot Area - The minimum net lot area shall be that prescribed
for the zone in which the property is located. Variations from the minimum
lot area requirements may be approved by the Planning Commission or City
Council in accordance with the provisions of the Zoning Ordinance of the City
of Cypress.
C. Public Street Frontage - All lots created by the
division of land, whether by tract or parcel map, shall have frontage or approved
access to a dedicated public street or highway. In the case of condominiums or planned
residential developments with lot areas owned in common, the street frontage
requirement for individual lots may be satisfied by the individual lots'
ownership in the common lot, if the common lot has frontage on the public
street.
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D. Lot Width - The width of lots shall conform to standards
of development as defined by the City Zoning Ordinance and other ordinances or
official plans adopted pursuant to law. Corner lots shall have a minimum
width of sixty -five (65) feet measured the same as interior lots. Variations
from the minimum lot width requirements may be approved by the Planning
Commission or City Council in accordance with the provisions of the Zoning
Ordinance of the City of Cypress. The minimum widths of odd - shaped lots
which result from extreme topography, previous irregular boundaries, or other
unavoidable circumstances shall be subject to individual determination and
approval by the Planning Commission at the time of approval of the Tentative Map
in accordance with requirements of the Cypress Zoning Ordinance.
The above provisions governing minimum lot widths shall
not apply to residential or common lots within a planned residential (PRD) zone.
Lot sizes and widths therein shall conform to the standards as set forth in
the Zoning Ordinance or the approved concept plan or site plan for the
particular development, whichever applies.
Small, odd - shaped lots or parcels resulting from the
separation of land by streets or easements, or lots burdened by easements,
utilities, or other facilities to a degree which minimizes their value or use
for other purposes, or parcels subject to flooding, portions of railroad rights -
of -way, or other lots or parcels which because of their size, shape, topography,
use, or location are unable to be built upon or developed, shall, upon the
determination of the Director of Public Works and Planning Director may be
exempted from the above requirements as to lot widths and areas in accordance
with the provisions of the Zoning Ordinance of the City of Cypress.
E. City Boundary - No lots shall be divided by the boundary
line of the City of Cypress.
F. Side Lines - The side lines of lots shall be approximately
at right angles to the street lines on straight streets, and shall be approximately
radial on curved streets.
Section 25 -13 Fees. Fees for the filing of tentative and final tract
maps shall be as determined by Resolution of the City Council.
Article III
DIVISION OF LAND BY PARCEL MAP
S 25 -14 Purpose
S 25 -15 Applicability of Chapter
S 25 -16 Tentative Map
S 25 -17 Action by Planning Commission
S 25 -18 Lot Line Adjustments
S 25 -19 Appeals
S 25 -20 Limitation of Approval
S 25 -21 Final Parcel Map
S 25 -22 Fees
Section 25 -14 Purpose. The purpose of this Section is to regulate and
control the division of land by means other than a subdivision tract map as
defined by the Subdivision Map Act.
Section 25 -15 Applicability of Chapter. A parcel map shall be required
for all divisions of land creating four or less parcels, in accordance with
the requirements of the Subdivision Map Act. The provisions of this chapter shall
apply to all such divisions.
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Section 25-16 Tentative Parcel Map. A. Submittal - A tentative
parcel map showing the proposed lot division shall be deemed filed with the
Planning Director in the same manner as a tentative tract map. The applicant
shall determine from the Planning Department the number of copies of the
tentative map, and any other information required for processing the lot
division, and shall provide same. The size of the tentative map shall be
sufficient to show the entire land division on a single sheet, at a scale not
smaller than one hundred feet to the inch. The tentative parcel map shall
contain and show the following information in addition to that required by the
Subdivision Map Act:
1. A legal description of the land to be divided, with
dimensions on the parcels and around the boundary.
2. The name, address, and phone number of the owners of the
property to be divided, with the name, address, and phone
number of the person who prepared the map.
be waived
is deemed
3. A north arrow and scale.
4. The location of the property in relation to existing
streets, alleys, and public service easements, and the
location, width, approximate grade, center line radii,
and proposed names of all proposed streets, highways,
alleys, and public service easements.
5. The location of existing lot lines, and the location of
proposed lot lines with each new parcel being numbered
consecutively.
6. Existing contours or topography, if required by the
Director of Public Works, with the location and steepness
of all cut and fill slopes.
7. The location and direction of flow of existing or
proposed sewerage and storm drainage facilities, water
lines, wells, and any cesspools, irrigation lines,
utility lines, and all other underground or overhead
facilities.
8. The location of existing buildings and structures and
their relation to the lot lines being created, along
with the proposed use of each new parcel.
9. Any other information relevant to the area, its improvement
and design, which in the opinion of the Director of
Public Works is required for proper consideration of the
effect of the division on the community and as required
by State or City laws.
The submittal of any of the above referenced information may
by the Public Works Director or Planning Director when such information
unnecessary for proper consideration of the map.
B. Certificate of Owner - When a tentative parcel map is
filed with the Planning Director, the applicant shall certify in writing that
he is the record owner of the property or properties to be divided, and that
he consents to the proposed division. Such certificate shall be in a form
as prescribed by the Planning Director and all signatures thereon shall be
acknowledged by a Notary Public. Signatures of parties owning the types of
interests described in Section 66436 (b) of the Subdivision Map Act need not
appear on the certificate form if the subdivider supplies their names, and the
nature of their interests, prior to approval and recordation of the final
parcel map and otherwise complies with the provisions of Section 66436 (b).
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C. Examination and Report on Tentative Parcel Map - Each
tentative parcel map filed shall be examined by the Director of Public Works
and Planning Director for its correctness and compliance with City ordinances
and policies. A written report of their findings and recommendations shall
be delivered to the Planning Commission within fifty (50) days of the filing
of the tentative parcel map. Their report shall also be sent to the applicant
of record at least three (3) days prior to any action taken on the tentative
parcel map by the Planning Commission. The Planning Director shall mail a
written notice to all owners of record of properties adjoining the property
being considered for division of the time and place of the meeting at which
the tentative parcel map will be considered by the Planning Commission. Such
notice shall be mailed at least five (5) days prior to the date of said meeting.
Section 25 -17 Action by Planning Commission. At its first regular
meeting held after receipt of the above written report and recommendations,
the tentative parcel map, together with the report, shall be presented to
the Planning Commission, which shall thereupon approve, conditionally approve,
or disapprove the tentative parcel map. Such action shall be in the form of
a written resolution which 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. The Secretary of the Planning
Commission shall thereafter report the Commission's action in writing to the
applicant within ten (10) days of the action. Such action by the Planning
Commission shall become final in the absence of any appeal.
Section 25 -18 Lot Line Adjustments. For the purpose of this Chapter,
a lot line adjustment is any division of land not requiring a subdivision
tract map, as specified by the Subdivision Map Act, in which no more parcels
are created by the division than existed prior to it, and which does not
substantially change the size of shape of the parcel or parcels involved.
The Director of Public Works and Planning Direction may approve, conditionally
approve, or disapprove a tentative parcel map submitted for a lot line adjust-
ment, and their determination as to whether a division may be classed as
a lot line adjustment shall be final. Their action shall be in writing and
sent by mail to the applicant within fifty (50) days of filing. Lot line
adjustments shall be subject to all the same requirements, conditions, and
controls as are applicable to other divisions of land.
Section 25 -19 Appeals. A. From Action by Planning Commission - If
any interested party is dissatisfied with any requirement, ruling, finding,
or disapproval by the Planning Commission with respect to the map or the
kinds, nature and extent of the improvements and conditions imposed, he shall
within fifteen (15) 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 Planning Commission, 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 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, he shall
file a written appeal with the Planning Director within fifteen (15) days
of the decision. The tentative map, along with a staff report setting forth
the requirements and other information regarding the lot line adjustment, shall
then be sent to the Planning Commission, who shall consider the appeal. A
copy of the report shall also be sent to the owner or applicant making the
appeal at least three (3) days prior to action by the Planning Commission.
Upon receipt of the report, the Planning Commission shall review the matter
at its first regular meeting held, but not less than ten (10) days after its
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receipt. The decision of the Planning Commission approving, conditionally
approving, or denying the appealed lot line adjustment or conditions thereof,
shall be final unless a further appeal to the City Council is made within ten
(10) days after action by the Planning Commission. If a further appeal is
made, it shall be handled in the same manner as outlined above for a regular
division by parcel map.
Section 25 -20 Limitation of Approval. The approval or conditional approval
of a tentative parcel map or a tentative map or a lot line adjustment shall be
valid for a period of 12 months after the date upon which the Director of
Public Works, Planning Commission, or the City Council, whichever is applicable,
granted approval or conditional approval of the division. During this time,
the owner or applicant may cause the parcel or parcels 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 12 -month period following approval or
conditional approval of the lot division, extensions beyond the 12 -month period
may be granted by the Planning Commission 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 12 months. If the
request for extension 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. At the time any tentative parcel map is extended, the Planning
Commission 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 approval period, subject to appeal to the Planning Commission or City
Council, whichever is applicable.
Section 25 -21 Final Parcel Map. 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 12 -month period above provided, or within any subsequent
extension duly approved. If no final parcel map is submitted for approval and
recorded within the time limits provided, then all proceedings shall terminate,
and no final parcel map of any portion of the land within the said tentative
parcel map shall be approved or recorded without first processing a new
tentative parcel map.
A. Filing - For the purpose of filing a final parcel map
with the City, the owner or applicant shall submit to the Director of Public
Works an original final map tracing, one duplicate tracing, and three blue -
line prints thereof. One print shall be returned to the owner or applicant
thereafter, showing any corrections to be made, or a statement that the map
is correct. When the final parcel map is found to be correct, and the applicant
or owner has posted all agreements, improvement securities, and fees, and all
other conditions precedent to the approval of the tentative parcel map have
been met, the final map shall be certified by the Director of Public Works.
The map will then be transmitted to the Clerk of the Board of Supervisors
for ultimate transmittal to the County Recorder.
B. Required Information on Final Parcel Map - The final
parcel map shall contain all of the same information and data as are required on a
final tract map, and shall be prepared following the format as described in
the Subdivision Map Act. Appropriate certificates for signature by the
Director of Public Works, the County Surveyor and the engineer or surveyor
who prepared the map shall be provided, in a form as required by the Director
of Public Works and the Subdivision Map Act. The location and description of
existing monuments or established lines, the setting of new points and monuments
before or after map recordation, and the required survey data to be shown and
provided, shall all be done in a similar manner to that required by a final
tract map and as required by the Director of Public Works. The delineation
of lots and parcels, their minimum frontages and widths, and the method of
averaging lot sizes shall also conform to the same standards and codes as
if the division of land were a subdivision of over four lots. All information
shown on the final parcel map shall be based upon a field survey, made in
conformance with good engineering and survey practices and with the State
Land Suveyors' Act. Final maps for lot line adjustments, as defined in
this Chapter, may be based upon record data, if approved by the Director of
Public Works. Certificates for signature by the Director of Public Works,
and other required by law and this code, shall be shown on the final parcel maps.
The fact that a soils report was made as required in this Chapter shall also
be noted on the final map.
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Section 25 -22 Fees. Fees for the filing of tentative and final parcel
maps shall be as determined by Resolution of the City Council.
Article IV
REVERSION TO ACREAGE
S 25 -23 Purpose
S 25 -24 Reversion to Acreage
S 25 -25 Fees
Section 25 -23 Purpose. The purpose of this Article is to provide for,
regulate and control the reversion of subdivided real property to acreage.
Section 25 -24 Reversion to Acreage. Subdivided real property may be
reverted to acreage pursuant to the provisions of this section and Article 1
of Chapter 6 of the Subdivision Map Act. For the purpose of this Chapter,
a reversion to acreage is a process to be used for the combination and
consolidation of land previously subdivided by the filing and recordation of
a final subdivision tract map where any or all of the following general
conditions apply:
1. All or many of the lots or parcels within the boundary
of the land originally subdivided are unsold or are
under similar ownership.
2. Some or all of the dedications and easements shown on
the original final map are not fully improved.
3. Some or all of the public or private improvements
originally required as a condition of approval
of the original tentative or final tract map are
incomplete.
4. The non -use of the land for the purpose originally
intended will present a burden on the original subdivider,
present owners, the City, or other agencies and parties,
and the public safety and welfare indicate that the land
could be put to another or better use if it were first
reverted to acreage.
A. Initiation of Proceedings by Owners - Proceedings to
revert subdivided real property to acreage may be initiated by petition signed
by all of the owners of record or their assignees of the property to be reverted.
The petition shall be in form prescribed by the Planning Director and and shall
contain the information required by Section 66499.13 of the Subdivision Map
Act, and any such other information as required by the Planning Director.
B. Initiation of Proceedings by Council - The City Council,
at the request of any person or on its own motion, may by minute order initiate
proceedings to revert property to acreage. The City Council shall direct
the Planning Director to obtain the necessary information to initiate and
conduct the proceedings as required by law.
C. Required Data - Petitions filed for the initiation of
reversion proceedings shall contain the following:
1. Name, address, and telephone number of the record owners
of the lots or land to be reverted; and,
2. Evidence of title to the real property within the subdivision,
in the form of title reports, recorded deeds, or other
data; and either:
(a) Evidence of the consent of all of the owners of
record to the reversion, which shall also include
signatures of parties owning the types of land
interests described in Section 66436(b) of the
Subdivision Map Act; or,
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171
(b) Evidence that none of the public improvements required
to be made as a condition precedent to the final approval
of the subdivision or parcel map have been made or
installed within two (2) years from the date the final
map or final parcel map was recorded or filed for record
with the County Recorder, or within the time allowed
by agreement for completion of the improvements,
whichever is the later date; or,
(c) Evidence that none of the lots or parcels shown on
the final subdivision map or parcel map have been sold
within five (5) years from the date the final map or
parcel map was recorded or filed for record with the
County Recorder.
3. A fee in the amount specified be paid by the owner or
owners who initiated the reversion proceedings, or shall be
paid by the person or persons who requested the City Council
to initiate the proceedings. Such fees shall not be refunded.
D. Final Map - A final map or parcel map showing the boundary
of the land being considered for reversion, prepared in the same manner as
that required for the final tract map of any subdivision, as specified in
Article II herein, and also showing dedications which will not be vacated
or abandoned as a result of the reversion and any dedications required as
a condition to reversion, shall be filed with the Director of Public Works
for checking and approval. A parcel map may be used for the purpose of revert-
ing to acreage land previously subdivided and consisting of four or less
contiguous parcels under the same ownership. A map for the reversion to
acreage need not be based upon a filed survey if sufficient record data
is available. The map, or a tentative copy thereof, shall be submitted at
the same time the petition for reversion is submitted.
D. Action by the City Council - Upon receipt of the
petition, the Planning Director shall verify its accuracy and completeness,
and shall prepare a report on the reversion listing the pertinent items
to be considered, any dedications or improvements to be required, and
any other information needed or required pursuant to the furtherance of the
the purpose of this Chapter. Such report and petition shall be transmitted
to the City Council, and a public hearing before the Council shall be set
within thirty (30) days after its receipt. The Planning Director's report shall
also be sent to the owners or person who initiated the proceedings at least
three days prior to the date of the public hearing. Notice of the public
hearing shall be given as provided in Section 66451.3 of the Government Code.
At the public hearing, the Council shall hear the evidence and all interested
parties. The City Council may approve a reversion to acreage only if it finds
and records by resolution the following:
1. Dedications or offers of dedications to be vacated or
abandoned by the reversion to acreage are unnecessary for
present or prospective public uses or purposes.
2. Either:
(a) All owners of an interest in the properties to be
reverted, as they are described in Section 25 -24 C.2,
above, have consented to the reversion; or
(b) None of the public improvements required to be made
as a condition precedent to the final approval of the
subdivision or parcel map have been made or installed
within two (2) years from the date the final map or
parcel map was recorded or filed for record with the
County Recorder, or within the time allowed by
agreement for completion of the improvements, whichever
is the later date; or
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/7?
(c) None of the lots or parcels shown on the final
subdivision or parcel map have been sold within five
(5) years from the date the final map or final parcel
map was recorded or filed for record with the County
Recorder.
As a condition of the approval of the reversion to acreage, the
City Council may require the following:
1. Dedications or offers of dedication for required streets,
alleys, drains, and utilities required for the public
safety and welfare, as required by the Director of Public
Works.
2. Retention of those portions of previously paid fees and
deposits to cover the outstanding expenses of the City
for engineering, inspection, surveying, testing, adminis-
tration, and overhead incurred in the processing, checking,
or handling of the subdivision or division of land being
reverted.
3. Construction of certain public improvements as required
by the Director of Public Works to provide access,
adequate circulation to, around, or through the land
being reverted, and essential utility services to the
lots or parcels being reverted, or to properties adjacent
thereto, or in lieu of construction, the retention of
cash fees and deposits previously paid in the estimated
amount of the required improvements.
4. Retention of a portion of the improvement securities
previously posted or the posting of new improvement
securities and agreements to guarantee the construction
of any improvements required as a condition of the reversion.
F. Delivery of Final Map and Effect of Recordation -
After the public hearing and approval of the reversion, and upon the Director
of Public Works' certification as to the correctness and sufficiency of the
final map, and upon the posting of any agreements or securities, or the
completion of any dedications required by the City Council, the Director of
Public Works shall release the final map for delivery to the County Recorder.
Reversion shall be effective upon the final map or parcel map being filed
by the City Clerk for recordation by the County Recorder, and thereupon,
all dedications and offers of dedication made by the original subdivision or
parcel map, or by separate instrument, not shown on the final map of the
reversion, shall be of no further force or effect. When a reversion map
is recorded, all fees and deposits shall be returned and all former agreements
and improvement securities released, except as provided above in Section 25 -24 E.
Section 25 -25 Fees. Fees for the filing of reversion to acreage of
real property shall be as determined by resolution of the City Council.
Article V
PUBLIC IMPROVEMENTS, DEDICATIONS, PERFORMANCE
AGREEMENTS, AND IMPROVEMENT SECURITIES
S 25 -26 Purpose
S 25 -27 City Standards: Adoption and Modification Thereof
S 25 -28 Minimum Improvements and Dedications
S 25 -29 Public Improvements
S 25 -30 Bridge Crossing and Major Thoroughfares
S 25 -31 Supplemental Improvements: Reimbursement Therefor
S 25 -32 Underground Utilities and Service Lines
S 25 -33 Soils Report
S 25 -34 Inspection of Public Improvements
S 25 -35 Improvement Plans, Drawings, and Related Items
S 25 -36 Safety and Public Convenience
S 25 -37 Reservation of Land for Public Uses
S 25 -38 Dedication of Elementary School Sites
S 25 -39 Dedication of Land for Public Use
S 25 -40 Agreements and Improvement Securities
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Section 25 -26 Purpose. 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 adjustments, 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, Planning Commission, or the City Council,
and to describe and regulate the preparation and execution of public improve-
ment performance agreements, improvement securities, bonds, and other instruments
guaranteeing the completion of any said required public improvements.
Design shall mean: street alignment, grade, and width;
drainage and sanitary facilities and utilities, including alignments and
grades thereof; location and size of all required easements and rights -of-
way; lot size and configuration; vehicular access and traffic safety; grading
and erosion control; land to be dedicated for park or recreational purposes;
bicycle, bridle, hiking, and recreation trails; and any other specific
requirements in the plan and configuration of the subdivision, tract, division
of land, development for which a use permit or building permit is requested,
combination of lots, lot line adjustment, reversion to acreage, or other
process or act requiring City approval or permit as may be necessary or
convenient to insure conformity to or implementation of the City General
Plan, or any element thereof or of any Specific Plan applicable thereto.
Improvement shall mean and refers to such street improvements and work and
utilities to be installed, or agreed to be installed, by the subdivider, owner,
applicant, permittee, or land developer on the land to be used for public or
private streets, highways, ways, alleys, and easements as are necessary for
the general use of the lot owners or residents in the subdivision or development,
and traffic and drainage needs as a condition precedent to the approval and
acceptance of the final tract map, parcel map, issuance of a use permit,
building permit, or other evidence of City approval for an act or development.
Improvement shall also refer to such other specific improvements or types of
improvements the installation of which is necessary or convenient to insure
conformity to implementation of the City General Plan or any element thereof
or of any Specific Plan applicable thereto.
Section 25 -27 City Standards: Adoption and Modification thereof. All
public improvements. construction, and dedications required and described
in this Chapter shall conform to the standards and specifications of the City
as specified in this Chapter and in the printed standards on file in the
offices of the City Clerk and Director of Public Works, and in the applicable
portions of the latest editions of the State of California, Department of
Transportation "Standard Specifications" and the American Public Works
Association "Standard Specifications for Public Works Construction," copies
of which are also on file in said offices. Said printed standards and specifi-
cations are hereby adopted by this reference. The Director of Public Works is
hereby delegated the authority to approve improvement plans which are substantially
equivalent to the adopted standards.
Section 25 -28 Minimum Improvements and Dedications. The minimum public
improvements and dedications which shall be required to be made or guaranteed
under the provisions of this Chapter shall be as follows:
1. The improvement of public and private streets to provide
suitable access and circulation.
2. A sewerage system to provide adequate collection of wastes
from each lot, parcel, building, or structure within the
area being developed.
3. A water supply system capable of providing adequate water
supply and fire protection for each lot, parcel, building,
or structure within the area of development.
4. Storm drainage systems to provide the area with suitable
protection against inundation, erosion, sedimentation, or
damage to on or off -site property.
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5. A street lighting system.
6. Traffic control and warning signs, pavement striping and
markings, all in conformance with the requirements of
State law and the Director of Public Works.
7. Installation of landscaping and irrigation facilities
adjacent to or appurtenant to other public improvements.
8. Installation of underground utilities, including
gas, telephone, electrical, water and sewer services.
9. Dedication of easements necessary to accommodate all of
the above improvements.
10. Any other such requirements as needed to insure conformity
to or implementation of the City General Plan or any
adopted Specific Plan.
Section 25 -29 Public Improvements. The following standards and criteria
shall apply for the design and construction of all public improvements
required under this Title:
A. Streets and Highways:
1. Right -of -Way and Roadway Width - Streets shall substantially
conform to the Circulation Element of the General Plan or
an adopted Specific Plan. Requirements may exceed
General Plan requirements at the request of the developer
with concurrence of the Director of Public Works. In the
absence of a General Plan or Specific Plan, the street system
shall relate in location and width to the existing streets
in the area adjoining the development or project. Additional
right -of -way and improvement may be required to accommodate
the provision of trails in accordance with the objectives
of the Master Plan of Trails.
2. Right of Way and Roadway Width Shall be as Follows:
Type of Street
R/W Width Roadway Width
(feet) (feet between
curb faces)
Local 60 40
Cul -de -sac 56 min. 36
Local Collector 64 - 84 44 min.
Secondary 84 - 100 64 - 84
Primary Arterial 100 84
Major Arterial 120 min. 104
Rural Street 60 20
Special Sections See Below See Below
Streets or highways not falling clearly into listed types
or private streets with public service easements may have
widths different than those listed as approved by the
Department of Public Works.
The types of streets identified above shall have the
following definitions:
(a) Local Streets - Local streets shall not be less than
sixty feet in width. The right -of -way shall be improved
with two travel lanes and two parking lanes.
(b) Cul -de -sac - Cul -de -sacs shall have a minimum width of
not less than fifty -six feet. The radius at the terminus
of the cul -de -sacs shall be not less than fifty feet.
Pavement width shall be the same as a local street.
(c) Local Collector - Local Collector streets shall not be
less than sixty -four feet wide. The right -of -way
shall be improved with two twelve -foot travel lanes and two
parking lanes, or four, eleven -foot travel lanes, with
no parking, if traffic warrants.
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(d) Secondary Arterial - Secondary Arterials shall have a
minimum right -of -way of eighty -four feet,improved
with a four -lane highway. There shall be limited
vehicular access from abutting properties.
(e) Primary Arterial - Primary Arterials shall have one
hundred feet of right -of -way improved with a six -lane,
divided or undivided highway. There shall be restricted
vehicular access from abutting properties.
(f) Major Arterial - Mayor arterials shall have one hundred
and twenty feet of right -of -way improved with a six -lane,
divided or undivided highway. There shall be restricted
vehicular access from abutting properties.
(g)
Rural Street - Rural streets shall be those streets as may
be specified from time to time by resolution of the City
Council when located in low- density, residential areas
zoned RS -15000 and having right -of -way widths of not
more than 60 feet. Normal street improvements such as
curbs, gutters, sidewalks and street lights shall not be
generally required along rural streets in order to pre-
serve the natural beauty and rural environment of an area.
3. Dead -End and Cul -de -sac Streets - Cul -de -sac streets, generally,
shall not exceed 300 feet in length measured along the street
center line from the center line of the intersecting street
to the radius point of the turn - around or bulk end of the
cul -de -sac. The property line radius at the terminus of the
cul -de -sac shall be designed so as to provide a uniform
parkway width. The curb radius shall be a minimum of 38 feet.
Dead -end streets, to be extended at some later date, generally,
shall not exceed 300 feet in length, measured along the street
center line from the center line of the intersecting street
to the terminus of the dead -end street. The ends of dead -end
streets shall be improved with temporary turn - arounds as
required by the Director of Public Works.
4. Frontage Roadways - Along major highways, limited access
highways, or freeways, a frontage road separated from the
main roadway by an acceptable divider strip may be required.
5. Curved Streets - The center line radii of curves on
streets or highways, except where physical conditions and
other special circumstances make compliance impractical,
shall be not less than:
(a) One thousand (1,000) feet on arterial highways.
(b) Five hundred (500) feet on local collector streets.
(c) Two hundred and fifty (250) feet on all other streets
6. Grades - Street grades shall not be less than two - tenths
(0.2) percent.
7. Intersections - Street intersections shall be as near to
right angles as practicable. Where new streets intersect
existing "tee" intersections, the new center line shall
align as closely as possible with that of the opposite
street.
8. Continuation of Existing Streets - Streets which are a
continuation of streets on contiguous property shall be
aligned so as to assure that their center lines shall
coincide. In cases where straight continuations are not
physically possible, such center line shall be continued
by curves.
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9. Curb Return and Property Line Radii - At the intersections
of all streets, where both streets have a right -of -way
of 80 feet or greater, the radius of the curb return shall
be no less than thirty -five (35) feet; where one of the
intersecting streets has a right -of -way width of 80 feet
or more, and the other street has a width of less than
80 feet, the curb return radius at the intersection shall
be no less than thirty -five (35) feet. Curb return radii
on all other intersecting streets, where both streets
have right -of -way widths less than 80 feet, shall be
not less than twenty -five (25) feet. The property line
radius at the above intersections shall be equal to the
curb return radius, less the width of the narrower parkway
of the two intersecting streets. In no case shall the
parkway width around a curb return be less than eight (8)
feet wide. At the intersection of a private street or
a public service easement with a public street where the
public street has a right -of -way width of 80 feet or more,
the curb return shall be no less than twenty -five (25)
feet in radius.
10. At the intersection of arterial and primary streets as
shown on the Master Plan of Streets and Highways, there shall
be a property line cutoff. This cutoff shall be the chord
drawn between the intersection points of the curb radius
lines of a thirty -five (35) foot curb radius with the
street property lines.
B. Sidewalks and Walkways - Concrete sidewalks shall be
installed on both sides of all arterial highways and through streets. Widths
shall be in accordance with the Cypress General Plan or as designed by the
Director of Public Works, but shall not be less than four (4) feet wide in
residential areas and five (5) feet wide in multiple- residential zones.
Sidewalks may be eliminated in parkways on local streets fronting property zoned
for industrial or manufacturing use, provided the parkway is suitably landscaped
and irrigated in lieu thereof. Full width sidewalks shall generally be provided
on arterial highways and in commercial zones. Walkways between blocks or streets,
or at such other locations as required by the conditions of development, shall be
dedicated and improved for the convenience of pedestrian traffic, and shall be not
less than ten (10) feet in width. Sidewalks, improved to the standards and qt
the locations specified, shall be provided and installed within common lot areas,
between lots, and along private streets and easements in planned residential
(PRD), and in condominium projects in accordance with the conditions of development.
C. Street Lighting and Common Area Lighting - Street lights
shall be provided and installed on all streets. The lighting system shall be
constructed to City standards. Where, in the opinion of the Director of Public
Works, present conditions or circumstances make the construction of street lights
more practical at some later date, a cash deposit, in lieu of their construc-
tion, shall be paid to the City, which deposit shall be equal to the prevailing
cost of a standard street light divided by the average spacing between any
two staggered street lights, multiplied by the street frontage of the property
in question. Private streets and common areas within planned residential and
within condominium projects shall be improved by the construction of street
and area lighting systems in accordance with approved plans.
D. Street Names and Street Name Signs - All new streets shall
be named and all private streets within planned residential developments shall
be named. The names shall be chosen by the City, or the subdivider or developer,
subject to the review and approval of the City street naming committee. Street
name signs, bearing block numbers, shall be installed at intersections of all
streets and highways and private, named streets, and at such other locations
designated by the Director of Public Works. All street name signs shall
conform to the standards as established by the Director of Public Works as
to size, color, height, lettering, and other details. Fees to pay for the
furnishing and installation of street name signs by City forces shall be
collected from the developer or subdivider.
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E. Parkway Trees - Parkway trees shall be installed along
all streets and highways. The trees shall be installed in the manner and
shall conform to the size and species specified in the City Townscape Plan and
by the Director of Public Works. In full -width sidewalks, tree wells shall
be provided as required for the trees. Fees to pay for the furnishing and
installation of parkway trees by City forces shall be collected from the
developer or subdivider. On streets adjacent to industrial, manufacturing,
or planned residential zones, parkway trees may not be required, provided
they are replaced by trees or other suitable landscaping planted on adjacent
properties in conjunction with approved, on -site landscaping.
F. Median Islands - Raised median islands shall be required
in accordance with the provisions of the General Plan.
G. Alleys and Public Service Easements - Alleys may be
required on all sites zoned for or to be used for industrial, commercial or
multiple - family purposes when the lot layout, safety of access, provision of
legal access or public service needs makes such public access necessary.
Where the lot is large, under single ownership and the conditions applicable
for public alleys are not present, a public service easement, improved to
City standards, may be required in lieu of an alley. The purpose of said
public service easement is to provide an easement for all public and private
utilities, including cable T.V., and to provide an access easement for all
public service vehicles, including, but not limited to, emergency vehicles,
police patrol, fire inspection, and refuse collection trucks. The property owner
may otherwise control access and shall be responsible for maintenance of the
roadway improvements within said public service easement. Alleys or public
service easements may be required at the rear of all property fronting
directly upon major highways and secondary streets and may be required at
other locations where necessary to prevent undue interference with traffic.
Where alleys or public service easements intersect, the corners shall be
provided with cutoffs to provide sight- distance and to facilitate turning.
Cutoffs shall be triangularly shaped, having 15 feet (minimum) sides on each
alley, or spandrel shaped, having a 25 foot (minimum) radius. Alley and
public service easement dedications shall include the cutoff areas.
All alleys and public service easements shall be constructed
in accordance with City development standards as to design, alignment, width,
and method of improvement, with the minimum width of any alley or public
service easement being twenty -six (26) feet. As a condition of tentative
or final map approvals, existing alleys in need of reconstruction or upgrading,
where determined by the Director of Public Works, may be required to be
reconstructed or upgraded, or in lieu thereof, a reasonable cash deposit in
the amount of the estimated cost of improvement, shall be deposited with
the Director of Public Works.
H. Drainage and Grading Improvements - Drainage facilities
shall be provided and installed as necessary to protect the lots, parcels,
buildings, or structures involved from flooding, and to prevent excessive
flooding of the public streets therein or abutting the property. The facilities
shall be designed to prevent excessive flooding of the first floor level, as
defined by the Federal Insurance Administration, from storm runoff emanating
from a 100 -year frequency storm. Public streets shall be protected from
flooding from runoffs of a 10 -year frequency storm, in accordance with City
Standards or approved equivalent. Protection to higher levels may be required
by the Director of Public Works, dependent upon the degree of flood risk
involved, the topography, location, local drainage patterns, and the require-
ments of the Orange County Flood Control District. Hydrologic and hydraulic
calculations and studies for all such facilities shall be subject to the review
and approval of the Director of Public Works.
All grading done in conjunction with the development of
the tract or property concerned shall be performed in conformance with the
City Building and Grading Code and with good engineering practices. On and
off -site storm drain facilities and the site grading shall be so designed
and constructed to prevent undue erosion of the site or off -site properties,
and to prevent excessive deposits of mud, silt, or debris upon any public
street or easement, or within any channel, storm drain facility, swale, or
water course. Fees shall be collected as a condition of the final approval
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of a subdivision map for the purpose of defraying the actual or estimated
costs of constructing planned drainage facilities for the removal of surface
and storm waters from local or neighborhood drainage areas. The fee shall be
calculated in accordance with the City Master Plan of Drainage, or any
applicable element of the City General Plan and established by resolution
of the City Council.
I. Sewerage Facilities - Sewer mains, manholes, and appurtenances
shall be constructed to serve the subdivision, lot, parcel, building, or
structure, and individual laterals shall be provided to each lot and parcel
therein. All such facilities shall be installed prior to the paving of the
streets, alleys, or improvement of the easements within the development.
Sanitary sewers shall be constructed to the sizes, lines, grades, and
design in accordance with City Standards or approved equivalent, and as required
by any Master Plan of Sewers or Element of the General Plan or any Specific
Plan in effect. Fees shall be collected as a condition of the final approval
of a subdivision map for the purpose of constructing planned sanitary sewer
facilities for local sanitary sewers in accordance with the City's Master Sewerage
Plan or any applicable element of the City General Plan.
J. Water Supply System - Water mains, services, meters,
cross connection control, valves, fire protection facilities, and all other
appurtenances of the water system shall be provided to the sizes, lines,
grades, and design in accordance with City Standards or approved equivalent,
applicable State law, and the Fire Marshal. All mains, services, and appurtenances
shall be installed prior to the paving of the streets or alleys or easements
within the development. Connection charges, water main reimbursements, front
footage charges, and all other fees related to water systems shall be paid.
K. Driveways and Access - The location of driveway depressions
and access points within a subdivision or planned residential development
project, or other development shall be as shown on the approved tentative
map, concept plan, or site plan, or in their absence as determined by the
Director of Public Works, in accordance with sound traffic engineering
principles and practices. Driveways and access points shall be improved in
the manner and to the extent as determined by the Director of Public Works,
subject to the following general provisions:
1. Driveway depressions shall be a minimum of fifteen (15)
feet in width.
2. Driveway depressions on a single parcel or lot shall be
separated by at least twenty -two (22) feet of full curb
height.
3. Maximum width of driveway depressions in single- family
zones:
(a) where lot has one or two -car garage: 25 feet.
(b) where lot has a three -car garage: 30 feet.
4. Maximum width of driveway depressions in other, higher
density or use zones: Thirty (30) feet, except as other-
wise approved by the Director of Public Works in accordance
with sound traffic engineering principles and practices.
5. No part of a driveway depression or transition shall
encroach onto adjoining property frontages. A minimum
of two (2) feet of full- height curb is required between
the property line and top of "X ".
6. Driveways shall be constructed symetrically and shall be
at right angles to the center line of the Street or
radial to the street on curbed streets.
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Where alleys are available to provide access to a parcel
or a property, or where other access is available to a local street, the
approval of driveway access or the issuance of a permit for a driveway from
said parcel or property to any street designated as a major, primary, or
secondary street on the Circulation Element of the General Plan may be prohibited
by the Director of Public Works. Where the construction or widening of any
street, or the development of any parcel or property requires the striping or
restriping of any pavement, the painting of turn pockets, medians, edge
lines, or other pavement markings, or the installation of warning or advisory
signs, in order to provide safe traffic flow or access to or from said
property, parcel, or development, all such work shall be done at no cost to
the City of Cypress, in accordance with City standards or their equivalent
as determined by the Director of Public Works, the State Department of
Transportation, Vehicle Code, and other applicable codes.
L. Landscaping - The open space and other areas owned in
common in planned residential and condominium projects shall be provided with
landscaping and irrigation facilities in accordance with plans to be approved
by the Planning Director or Planning Commission. These improvements shall be
included in the improvement securities posted for any subdivision or develop-
ment requiring same. An agreement shall be entered into between the developer
and the City of Cypress and a bond shall be posted to guarantee maintenance
of the irrigation system so that it operates in the manner for which it
was designed, and to guarantee maintenance of all plant materials in a healthy,
growing condition, free of weeds and litter, for a period of not less than
twelve (12) months, to the specifications of City staff. Soil in planting
areas shall be tested by a qualified agricultural laboratory to determine the
organic and chemical amendments for optimum growth for the plants specified.
The test results shall include concentration of nitrogen, phosphorus, potassium,
pH, salinity, sodium status and boron saturation extract. Results of these
tests with recommendations of the agricultural laboratory shall be furnished
to the Public Works Department for approval at least 30 days prior to planting
date.
M. Traffic Signals - Construction, modification, or upgrading
of traffic signals and appurtenances may be required as a condition of the
approval of any subdivision, land division, use or building permit, if the
additional traffic generated by the tract or development, the safety of the
travelling public, the increased use of the streets, or other unusual
circumstances require said construction. Where the development of a subdivision
or other project will be phased over a period of time, and, in the opinion
of the Director of Public Works, the full effect of the increased burden on
the streets will not be felt for a period of time, the subdivider or developer
may be required to deposit a cash amount in the estimated value of the traffic
signal improvements ultimately to be made, which sum shall be used at such
time as the construction of the signal and appurtenances is warranted. In
lieu of a cash deposit, the subdivider /developer may be permitted to post a
bond or other surety to guarantee the installation of required traffic signals
in a form satisfactory to the Public Works Director and City Attorney. The
exact amount, details, and timing of the deposit and future construction shall
be subject to an agreement between the City and the subdivider or developer.
N. Walls - A masonry wall or equivalent thereof shall be
constructed along the sides of all arterial, primary, and secondary highways,
where the abutting lots or parcels have alternate access to other streets,
and where access rights to the arterial, primary, or secondary highway from the
abutting lots have been or are required to be dedicated to the City. The
exact type of construction, design, and height of the walls, shall be in
accordance with City standards or approved equivalent. Retaining walls shall
be required where there is a difference of one (1) foot or more in grade.
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Section 25 -30 Bridge Crossing and Major Thoroughfares.
A. Purpose
1. The purpose of this Section is to make provision for
assessing and collecting fees as a condition of approval
of a final subdivision map or as a condition of issuing
a building permit for the purpose of defraying the
actual or estimated costs of constructing bridges or
major thoroughfares pursuant to Section 66484 of the
Government Code.
2. Whenever this Section refers to the Circulation Element
of the General Plan or the transportation or flood control
provisions therof, it shall mean the Circulation Element
of the General Plan and the transportation and flood
control provisions thereof heretofore adopted by the
City pursuant to Chapter 3 of Title 7 of the Government
Code, together with any additions or amendments thereto
hereafter adopted.
B. Payment of Fees Required
1. Prior to filing a final subdivision map which includes
land within an area of benefit established pursuant to
this Ordinance, the subdivider shall pay or cause to be
paid any fees established and apportioned to said
property pursuant to this Section for the purpose of
defraying the actual or estimated cost of constructing
bridges over waterways, railways, freeways or canyons or
constructing major thoroughfares.
2. Prior to the issuance of a building permit for construction
on any property within an area of benefit established
pursuant to this Section, the applicant for such permit
shall pay or cause to be paid any fees established and
apportioned pursuant to this Section for the purpose of
defraying the actual or estimated cost of constructing
bridges over waterways, railways, freeways or canyons
or constructing major thoroughfares, unless such fees
have been paid pursuant to subdivision (1) of this Section.
3. Notwithstanding the provisions of subdivision (1) and (2)
of this section:
(a) Payment of bridge fees shall not be required unless
the planned bridge facility is an original bridge
serving the area (or an addition to any existing
bridge facility serving the area) at the time of
adoption of the boundaries of the area of benefit.
(b) Payment of major thoroughfare fees shall not be
required unless the major thoroughfares are in addition
to, or a reconstruction of, any existing major
thoroughfares serving the area at the time of the
adoption of the area of benefit.
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Pub(in ti?arin?
1 Prior to e- Lablishr,t rc.1 of uunet_1., . -uh' r rearing
shall he held by Lh:>_ CiLy Council, at T `b i
boundaries of the area of benefit, the co:.,Ls, whether
actual or estimated, and a fair method of allocation
of costs to the area of benefit and fee apportionment shall
be established. Notice of a hearing shall be given
pursuant to Section 65905 of the Government Code and in
addition shall contain preliminary information related to
the proposed boundaries of the area of benefit, estimated
cost and the method of fee apportionment proposed.
D. Protest.
1. At any time not later than the hour set for hearing
objections to the proposed bridge facility or major
thoroughfare, any owner of property within the proposed
area of benefit may file a written protest against the
proposed bridge facility or major thoroughfare or against
the extent of the area to be benefited by the improvements
or against both of them. Such protests must be in writing
and must contain a description of the property in which
each signer thereof is interested, sufficient to identify
the same and if the signers are not shown on the last
equalized assessment roll as the owners of such property,
must contain or be accompanied by written evidence that
such signers are the owners of such property. All
such protests shall be delivered to the City Clerk and
no other protest or objections shall be considered. Any
protests may be withdrawn by the owners making the same,
in writing, at any time prior to the conclusion of the
public hearing.
2. If there is a written protest filed with the City Clerk
by the owners of more than one -half of the area of the
property within the proposed area of benefit, and sufficient
protests are not withdrawn so as to reduce the area
represented to less than one -half of that to be benefited,
then the proposed proceedings shall be abandoned, and the
City Council shall not, for one year from the filing of
that written protest, commence or carry on any proceedings
for the same improvements under the provision of this
Section.
E. Exemptions - Notwithstanding the provision of Section
25 -30 (C), payment of such fees shall not be required
for:
1. The use, alteration or enlargement of an existing building
or structure or the erection of one or more buildings
or structures, accessory thereto, or both, on the same
lot or parcel of land; provided, the total value, as
determined by the Director of Public Works, of all such
alteration, enlargement or construction completed within
any one -year period does not exceed one -half of the
current market value, as determined by the Director
of Public Works, of all existing buildings on such lot or
parcel of land, and the alteration or enlargement of the
building is not such as to change its classification of
occupancy as defined by Section 501 uL Lhe Uniform
Building Code.
2. The following accessory buildings and structures; private
garages, children's playhouses, radio and Lelevis.url
receiving antennas, windmills, silos, tank houses, drops,
barns, coops and °Cher buildings, which i'.' .1.', c scry to
one-- laniliy° or r-wu -tats tLy dwelling,
F. Consideration in Lieu of Fees - Upon application by the
subdivider or applicant for a building permit, the City Council may accept
consideration in lieu of fees required pursuant to this Section, provided:
1. The City Council finds upon recommendation of the Director
Public Works that the substitute consideration has a
value equal to or greater than the fee;
2. The substitute consideration is a form acceptable to
the City Council.
Section 25 -31 Supplemental Improvements. Reimbursement Therefore -
Improvements installed or required to be installed as a condition of a sub-
division, tract or division of land may be required by the Adivsory Agency
to contain supplemental size, capacity, number, or amount for the benefit
of adjoining or nearby properties not within the tract or lot division. All
such additional or supplemental facilities shall be dedicated to the City
for public use in a manner approved by the City Attorney. When such additional
or supplemental improvements or facilities are required, the City may enter
into a reimbursement agreement with the subdivider or developer, in a form
approved by the City Attorney, which shall provide for reimbursement to
the subdivider or developer from all future parties or properties benefitted
by the presence, use, or availability of the additional improvements or
facilities. The amount of the reimbursement shall be equal to the difference
in cost between the total actual cost of the improvements, including the
additional or supplemental facilities and the cost of the improvements had not
the additional or supplemental items been required.
Section 25 -32 Underground Utilities and Service Lines. 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 appurte-
nanceswhich 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 subdivision tract map, by
the Planning Commission, City Council, Director of Public Works or City
staff, whichever is applicable. All extensions of existing electrical power,
telephone, communication, and cable television lines, hereinafter constructed
in the City of Cypress shall be placed underground. All utility undergrounding
shall be installed and performed at no expense to the City of Cypress, subject
to the applicable rules, regulations and tariffs of the respective utility
or utilities on file with the California Public Utilities Commission.
apply to:
A. Exceptions - The provisions of this section shall not
1. Any municipal equipment or facilities installed under
the supervision of and to the satisfaction of the Director
of Public Works.
2. Poles, overhead wires and cables and associated over-
head structures and appurtenances used for the trans-
mission of electrical power at nominal voltages in excess
of 34,500 volts.
3. Antennae, receivers, associated equipment and supporting
structures used by a utility for communication services.
4. Equipment appurtenant to underground facilities, such
as surface - mounted transformers, pedestals, terminal
boxes, meter cabinets, vents, and the like.
5. Temporary poles, wires, and overhead structures and
associated equipment used or to be used in conjunction
with construction projects, or installed and maintained
for a period of ten (10) days or less for emergency
reasons.
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6. Any equipment or facilities owned or operated by the
State of California or the Federal Government.
B. Appeal - Where the enforcement of the provisions of
this section would result in undue hardship on the part of a utility, sub-
divider, or developer, application for exception from the provisions herein
may be made in the following manner:
1. Written application shall be filed with the Director
of Public Works.
2. Such written application shall include all information,
facts and figures necessary to properly advise and
inform the Director of Public Works of the circumstances
which require such appeal and create such hardship.
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 Plann-
ing Commission, and thereafter to the City Council,
if necessary, in the same manner as required for appeals
from the requirements of a use or building permit.
Section 25 -33 Soils Report. Unless otherwise specified herein, a
preliminary soils report, prepared by a civil engineer registered in the
State of California, shall be required for every division of land for which a
tract map or a parcel map is required. The Public Works Director may waive
the requirement for such a report if, due to reports on file, or his knowledge
of the existing soil conditions and qualities within the land to be divided,
he finds that such a preliminary report is not necessary. If the number of
lots or parcels involved in the division is small, or if their development
is to be deferred, the Public Works Director may also defer the requirement
for a soils report until such time as grading or building permits are requested
on the lots or parcels. Unless specifically required otherwise, a preliminary
soils report shall not be required for a lot line adjustment, or for the
approval of a map for the reversion of divided land to acreage. Any such
preliminary soils report shall be based upon sufficient test borings, and
shall indicate the character and quality of the land and soils within the
area being divided. If the preliminary soil report indicates the presence
of critically expansive soils, or conditions indicating slippage, soil
movement, lack of compaction, seismic activity, or any other conditions, which
if not corrected, could lead to possible structural damage or defects to
structures or dwellings built upon the land, then the Director of Public Works
may require a soils investigation on each lot or parcel in the proposed
division. The report shall recommend corrective actions to be taken which
are likely to prevent said defects or damage, and such recommendations
shall be required to be implemented as conditions precedent to the issuance
of building permits for dwellings or structures on the lots or parcels
involved. When a soils report is required, it shall be completed and submitted
to the Public Works Director prior to the City Council approval of the final
tract map. The date of preparation of the report, the name of the responsible
civil engineer, and the business or firm name with whom he is associated, shall
be noted upon the final tract map or final parcel map.
Section 25 -34 Inspection of Public Improvements. All construction
of improvements under this Chapter shall be subject to inspection and testing
by the Director of Public Works, or his authorized representatives, to insure
compliance with the standards and specifications specified and required by
this Chapter. All work and improvements must be found to conform to said
standards and specifications as a condition of the City's acceptance of them
and the release of any improvement securities held therefor. No construction
shall commence or continue without first having arrangements made with
the Director of Public Works or his staff for inspection. The Director of
Public Works, and his authorized representatives shall have the right to
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stop any work or refuse to inspect any work or reject any or all work and
construction if it is found that the work is unauthorized, is unsafe in
any way to the workmen or the public, is inferior in materials or workmanship,
was performed without inspection, or does not meet or comply with the City
standards, specifications, or City- approved construction plans. Reasonable
access to the construction and work shall be provided at all times so that
full knowledge of the progress, workmanship, and character of the materials
used in the work can be gained.
Section 25 -35 Improvement Plans, Drawings, and Related Items. All
public or private improvement plans profiles, descriptions, studies, calculations,
notes, surveys, and drawings required under the provisions of this Chapter
shall be provided at no expense to the City of Cypress and shall be prepared
in accordance with this section and as required by the Director of Public
Works. Construction plans for street, alley, drainage, sewer, and water
improvements and for any other improvements as required, shall be drawn on
standard City tracing cloth or sheets, in india ink, and shall be filed with
the Director of Public Works for his checking and review prior to their
approval. All maps, sketches, descriptions, estimates, plans, and other
drawings and items required to fulfill the requirements of this Chapter
shall also be provided in the form, content, number, and detail as specified
by the Director of Public Works. The plans and profiles of all required
and proposed public and private improvements in a subdivision shall be furnished
to the Director of Public Works and shall be ready for his approval before
a final tract map of the subdivision is presented to the City Council for
approval. No construction work shall commence on any of the improvements shown
on any construction or improvement plans required herein until said plans
have been reviewed and approved and signed by the Director of Public Works.
After approval and signature by the Director of Public Works, all original
linens or tracings shall become the property of the City of Cypress, and may be
released thereafter for reproduction or other purposes, only to bonded
blueprinting or reproduction agencies, firms, or individuals.
Section 25 -36 Safety and Public Convenience. All public and private
improvements constructed in the City of Cypress shall be built, provided, and
worked on in a safe manner. Workmen, pedestrians, and vehicular traffic
shall be protected as required by the applicable regulations and provisions
of the State, Federal and City laws. No person, firm, corporation, partnership,
association, contractor, or subcontractor shall conduct his work or operations
in any way which presents a clear and present danger or hazard to life or
property, or which unreasonably interferes with the rights of the citizens of
the City or the public. Any such person, firm, etc., found to be in violation
of this Section shall be guilty of a misdemeanor, and shall be cited in
accordance with law.
Section 25 -37 Reservation of Land for Public Uses. Real property
within the boundaries of a final subdivision tract map or parcel map shall
be reserved for parks, recreational facilities, fire stations, libraries, or
other public uses, subject to the following conditions:
A. Standards for Reservations - The requirement for a
reservation of real property shall be based upon a duly adopted Specific Plan
or an adopted General Plan containing a community facilities element, open
space element, a recreation and parks element, or a public building element,
and the required reservations shall be in accordance with definite principles
and standards contained therein. The reserved area shall be of such size and
shape to permit the balance of the property within which the reservation is
located to develop in an efficient and orderly manner, and the amount of
land reserved shall not make development of the remaining land held by the
subdivider or developer economically unfeasible. The reserved area shall
conform to the adopted Specific or General Plan and shall be in such multiples
of streets, lots, and parcels as to permit an efficient division of the reserved
area in the event that it is not acquired within the prescribed period; in
such an event the subdivider or developer shall make those changes as are
necessary to permit the reserved area to be developed for the intended purpose,
consistent with good subdividing practices.
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B. Procedure - The City or other public agency for whose
benefit an area has been reserved shall at the time of approval of the final
tract map or parcel map enter into a binding agreement, in a form approved by
the City Attorney, to acquire such reserved area within two years after the
completion and acceptance by the City of all improvements required as a
condition of the approval of the map, or, if no improvements were required,
within two years from the date of recordation of the tract map or parcel map,
unless such periods of time are extended by mutual agreement.
The purchase price shall be the fair market value as
determined by the City of the reserved land, determined at the time of the
filing of the tentative tract map or parcel map, plus the taxes against the
reserved area from the date of the reservation, and any other costs incurred
by the subdivider or developer in the maintenance of the reserved area, including
interest costs incurred on any loan covering such reserved area.
C. Termination of Reservation - If the City or other public
agency for whose benefit an area has been reserved does not enter into such a
binding agreement, the reservation of such area shall automatically terminate.
Section 25 -38 Dedication of Elementary School Sites, Any subdivider who
develops or completes the development of one or more subdivisions in one or
more elementary school districts, shall be required to dedicate to the school
district or districts, within which the subdivisions are to be located, such
land as the City Council shall deem necessary for the purpose of constructing
thereon such elementary schools as are necessary to assure the residents of
the subdivision adequate public school service. The amount of land to be
dedicated shall not exceed that which would make the development of the re-
maining land held by the subdivider economically unfeasible, or exceed the
amount of land ordinarily allowed under the procedures of the State Allocation
Board.
This requirement shall not apply to a subdivider who
has owned the land being divided for more than ten (10) years prior to the
filing of the tentative tract map or maps in accordance with this Chapter.
The requirement of dedication shall be imposed at the
time of approval of the tentative tract map by the City Council or tentative
parcel map by the Planning Commission. If, within thirty (30) days after the
approval of the tentative map upon which the school site dedication require-
ment 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.
The school district shall, in the event it accepts the
dedication, repay to the subdivider or his successors the original cost to
the subdivider of the dedicated land, plus a sum equal to the total of the
following amounts:
A. The cost of any improvements to the dedicated land since
acquisition by the subdivider.
B. The taxes assessed against the dedicated land from the
date of the elementary school district's offer to enter into the binding
commitment to accept the dedication.
C. Any costs incurred by the subdivider in the maintenance
of such dedicated land, including interest costs incurred on any loan
covering such land.
If the dedicated land is not used by the school district
as a school site within ten years after the dedication, the subdivider shall
have the option to repurchase the property from the district for the amount
paid therefor.
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The elementary school district to which the property is
dedicated shall record a certificate with the County Recorder of Orange County,
which certificate shall contain the following information:
1. The name address, zip code, and telephone number of
the subdivider dedicating the property.
2. A legal description of the real property dedicated.
3. A statement that the subdivider dedicating the property
has an option to repurchase the property if it is not
used by the school district as a school site within ten
years after dedication.
4. Proof of the acceptance of the dedication by the school
district, and the date of the acceptance.
The certificate shall be recorded not more than ten
days after the date of acceptance of the dedication. The subdivider shall
have the right to compel the school district to record such certificate, but
until such certificate is recorded, any rights acquired by any third party
dealing in good faith with the school district shall not be impaired or
otherwise affected by the option right of the subdivider.
If any subdivider is aggrieved by, or fails to agree to
the reasonableness of any requirement imposed pursuant to this Section, he
may bring a special proceeding in the superior court pursuant to Article 3
of Chapter 7 of Division 2 of Title 7 of the California Government Code
(Section 66499.37).
Section 25 -39 Dedication of Land for Public Use. The purpose of this
section is to describe the manner in which dedications to the City of Cypress
shall be required, and processed, and to describe and set standards for the
various kinds of dedications and easements required.
A. General - The public need, safety, and general welfare
requires that dedications, offers of dedication, and irrevocable offers of
dedication of real property for various public uses be made to the City of
Cypress as conditions precedent to the approval or conditional approval of
subdivision tract maps, parcel maps, reversions to acreage, lot line adjustments,
and consolidations and combinations of lots and parcels, or any other action
or event requiring evidence of official City approval. Dedications may be
required for streets, highways, alleys, public service easements, ways, courts,
walkways, bicycle trails, bridle trails, recreation trails, abutter's
rights, vehicular and pedestrian access rights, slopes, storm drains, water
courses, flood plains, sewers, waterlines, water rights, public utilities,
traffic signal facilities, environmental enhancement, landscaping, parks,
recreation areas, and for all other public uses not specified, if found to
be required to conform to or implement the City General Plan or any element
thereof or any applicable Specific Plan. Dedications may also be required by
the City of Cypress on behalf of any other public agency or district.
B. Dedication Requirements - Dedications for streets and
highways shall be to the widths designated in Section 25 -29A (1) of this
Chapter and as designated on the Circulation Element of the City General Plan,
or as designated on an approved Specific Plan, or other official plan. Devia-
tions may be allowed for streets and highway widths not shown on the Circulation
Element or on any approved Specific Plan, based upon the land use, traffic
volumes, and other factors as determined by the Director of Public Works.
Dedications for other public easements shall be based upon the need for
service, accessibility, topography, clearances available, and other circumstances
and factors as determined by the Director of Public Works. Easements for
sewers, drains, and waterlines generally shall not be less than ten (10)
feet wide.
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C. Method of Dedication - All dedications shall be made to
the City of Cypress in conformance with the following:
1. By final Subdivision Tract Map - All streets, highways,
alleys, easements, and parcels offered for dedication or
to be dedicated shall be clearly indicated on the final
map of a tract. They shall be clearly described in the
appropriate certificate on the title sheet of the map.
Access rights dedications shall likewise be shown and
described on the final map. The certificate shall be
signed and acknowledged by all those parties having
any record title interest in the property being subdivided,
as specified in Section 66436 of the Subdivision Map Act.
2. By Parcel Map - If dedications or offers of dedication
are made requirements of the tentative or final
approval of any land division requiring a parcel map,
such dedications and offers shall be made by separate
instrument, prepared in a form approved by the City
Attorney, which shall be signed, executed, and acknowledged
by all parties having title interest in the property or
rights being dedicated. The instruments shall be accepted
by the City in the manner required by and shall be
recorded with the County Recorder prior to the final
approval of the parcel map. The book and page and place
of recordation shall be shown on the map, and the new
dedications shall be delineated on the final map. In
special circumstances, because of the length or complexity
of a description of an easement, or because of other
significant reasons, the subdivider may request that
such dedications required as a condition of approval of
the parcel map be made by parcel map, as provided in
Section 66447 of the Subdivision Map Act, provided the
proper certificates, signatures, and acknowledgements
are affixed, as would be required if the map were a final
tract map. It shall be at the discretion of the Director
of Public Works whether or not to grant the request, and
if granted, the final parcel map, fully executed, shall
be put before the City Council in the same manner as
described for a final tract map.
3. By Separate Instrument - Where dedications are made
requirements of the final approval of a lot consolidation,
a lot combination, or the approval and issuance of a use
permit, building permit, or any other permit, and no
final tract or parcel map is required to be filed and
recorded as a condition thereof, then the required
dedications shall be made by separate instrument in a
form approved by the City Attorney, which shall be signed,
executed, and acknowledged by all parties having title
interest in the property or rights being dedicated.
Preparation, execution, and delivery of the fully
executed instrument shall be made prior to the final
approval by the City of the consolidation, lot combination,
or permit being requested.
D. Acceptance or Rejection of Dedications:
1. By Subdivision Tract Map - At the time of final map
acceptance and approval by the City Council, the Council
may accept, accept subject to improvement, or reject any
or all dedications or offers of dedication. The City
Clerk shall certify on the map the action by the Council.
If at the time the map is approved, any dedications for
streets, paths, alleys, or other purpose are rejected,
the offer of dedication made by the owners shall remain
open, and the City Council may by resolution at any
later date, and without further action by or notice to
the subdivider, rescind its action and accept and open the
streets, paths, alleys, or other dedications and ease-
ments for public use, which resolution of acceptance shall
be recorded with the County Recorder.
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2 By Parcel Map or Separate Instrument - If dedications
are offered on the title sheet of a parcel map as
described in Section 25 -38 C (2), then they may be
accepted, or rejected in the same manner as outlined
immediately above. If dedications are made by separate
instrument to the City of Cypress, they shall be accepted
as required by Section 27281 of the State Government
Code, and shall thereupon be delivered to the County
Recorder for recordation. The City may require an
offer for dedication to be made by separate instrument
which offer may be accepted or rejected in the same
manner as outlined in Section 25 -38 D (1).
E. Public Access - All vehicular and pedestrian access
rights shall be dedicated to the City of Cypress for those lots abutting any
major, primary, secondary, or collector street, flood control channel, park
or bike trail except at designated areas.
Section 25 -40 Agreements and Improvement Securities.
A. Agreements - The construction of all public improvements
required as a condition of the approval of a subdivision map, a parcel map,
or any other type of permit, or required as the condition of approval of a
reversion to acreage, or lot consolidation or combination, shall be guaranteed
by the execution of a suitable agreement, in a form prescribed herein and
approved by the City Attorney. All such agreements shall contain the terms
and conditions to be met by the subdivider, developer, or permittee, and shall
specify a reasonable time in which to construct the improvements or perform
the requirements and obligations of the agreement. The time allowed for the
completion of the work shall be as specified by the Director of Public Works
and shall depend upon the amount and complexity of the work involved, the
type of development, and any other factors he may deem important. All agree-
ments shall be executed by the owner, or developer or the subdivider of the
property or land being divided or developed. The signatures shall be
acknowledged before a Notary Public and the agreements shall be accompanied
by evidence substantiating the signer's position, title, and authority to
bind the person, company, partnership, corporation, joint venture, or other
entity to the actions and obligations contained in the agreement.
Prior to the expiration of the time allowed by the
agreement in which to perform or complete the obligations contained therein,
the subdivider, owner, or developer who executed the agreement may request,
in writing, that the Director of Public Works extend the term of the agreement.
The written request shall contain the reasons for the requested additional time,
the length of the additional time requested, and any other data deemed
necessary or informative. The request shall be accompanied with written
concurrence from the surety or bonding company whose bonds or securities were
posted as a guarantee of the performance of the agreement, and a statement
from the surety that they agree with and have no objection to the extension
of time as requested by the agreement principal. Upon consideration of the
written request, and the evidence presented, the request shall be acted
upon and shall be either approved, rejected, or modified. Additional
requirements or compliance with updated standards may be imposed by the
City Council as a condition of approval of such time extension.
B. Improvement Securities - Improvement securities shall be
required to be posted as a guarantee of the performance of any act or obligation
required as a condition of the approval of any final tract map, parcel map,
reversion to acreage, lot consolidation or combination. Unless otherwise
provided herein, all such improvement securities shall be one of the
following:
1. A cash deposit, made with the City of Cypress.
2. A time certificate of deposit, or a savings passbook,
made out to or assigned to the City of Cypress in a
form approved by the City Attorney and City Treasurer.
3. A bond or bonds from a duly authorized corporate surety.
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194
Cash bonds, certificates, and surety bonds shall be in a
form prescribed by the Director of Public Wroks, subject to the approval of
the City Attorney. Improvement securities shall be in the amount of the
total estimated cost of all the required improvements and conditions, which
amount shall include an amount equal to ten percent of the total estimated
cost for the purpose of securing payment to the City for its costs for overhead,
administration, and other costs and expenses pertaining to the subdivision,
division, or project.
C. Improvement Securities for Land Divisions - Improvement
securities posted as a guarantee of the performance of an agreement or
act made a condition of the approval of a land division or reversion requiring
a parcel map or tract map, shall be in the following amounts for the following
purposes:
1. One- hundred (100) percent of the total estimated cost of
all of the required public and private improvements
within the land division or reversion conditioned upon
the faithful performance of the agreement,act or contract.
2. One- hundred (100) percent of the total estimated cost of
all the required public and private improvements within the
land division or reversion securing payment to the contractor,
his subcontractors and to persons furnishing labor, materials,
or equipment to them for the improvement or the performance
of the required act.
D. Improvement Securities for Lot Combinations, Consolidations
and other Permits - Improvement securities posted as a guarantee of the performance
of any agreement, act, or contract made a condition of the approval or issuance
of a lot combination or consolidation, or other permit, shall be in an amount
equal to one - hundred (100) percent of the total estimated cost of all of the
required public and private improvements required. Surety bonds therefor shall
be in the form as prescribed by the City Attorney and the Director of Public
Works.
E. Release and Reduction of Improvement Securities - The
securities posted in conformance with Sections C and D, above, may be released
in whole or in part, as specified in Section 66499.6 of the California Government
Code, upon receipt of a written request from the principal.
The Director of Public Works shall determine the validity
of the request, and if all of the work has been satisfactorily completed, and
all of the requirements imposed have been met, and all cash fees, charges, and
assessments have been paid in full, and all required departmental releases
have been granted, then the improvement securities may be released in the
manner specified by law and the improvements and work accepted by the filing of
a written instrument with the City Clerk, signed by the City Official so designated
and empowered to do so by the City Council. If only a portion of the work
has been completed, the Director of Public Works may recommend the reduction
of the face amount of the security held for faithful performance to an amount
equal to the estimated total cost of the improvements remaining. Such reduc-
tion shall be approved upon the filing of a written instrument with the City
Clerk, signed by the City Official so empowered to do so by the City Council.
No reduction in the amount of improvement securities
held shall be authorized or approved for an amount less than one - hundred (100)
percent of the total estimated cost of the remaining improvements, and the
total amount of securities held shall not be reduced to an amount less than
twenty (20) percent of the total securities, until final completion and
acceptance of any or all of the improvements constructed at the time of the
reduction. It shall only be construed as an acknowledgment of the completion
of a portion of the required work.
F. Additional Amounts of Security Required - All improvement
securities shall also secure the faithful performance of any changes or altera-
tions in the work to the extent that the changes or alterations do not exceed
ten (10) percent of the total estimated cost of the required improvements.
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/17
G. Exceptions - Under special circumstances, as determined
by the Director of Public Works, the requirement for improvement securities
required for the guarantee of an act, obligation, or agreement made a condition
of a building or use permit, Public Works permit, lot consolidation or
combination, or other act or process not involving a subdivision tract map may
be waived, provided a suitable agreement guaranteeing completion of the
required act, or obligation, is executed. Such circumstances may include or
be related to the size of the proposed building, structure, or addition, its
permit valuation, the estimated value or cost of the required improvements;
the condition and makeup of the surrounding or adjacent areas, the likelihood
of other improvements in the area, the status of other public improvements
in the area, and the demonstrated financial responsibility of the developer
or applicant involved.
Article VI
PARK AND RECREATIONAL FACILITIES
S 25 -41 Provision of Park and Recreational Facilities
S 25 -42 Applicability
S 25 -43 Relation of Land Required to Population Density
S 25 -44 Population Density
S 25 -45 Amount of Land to be Dedicated
S 25 -46 Amount of Fee in Lieu of Land Dedication
S 25 -47 Credit for Private Open Space
S 25 -48 Choice of Land or Fee in Lieu Thereof
S 25 -49 Time of Commencement
S 25 -50 Use of Land and /or Fees; Relationship of Facilities to Needs
Section 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 to help serve future residents of such subdivision.
Section 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 industrial subdivisions; nor do
they apply to condominium projects which consist of the subdivision of airspace
in an existing apartment building which is more than five years old when no
new dwelling units are added, nor do they apply to parcel maps for a subdivision
containing less than five (5) parcels for a shopping center containing more
than 300,000 square feet of gross leaseable area and no residential development
or uses, or otherwise not used for residential purposes.
Section 24 -43 Relation of Land Required to Population Density. It is
hereby found and determined:
A. That the public interest, convenience, health, welfare and
safety requires that four (4) acres of property, for each one thousand (1,000)
persons residing within this City, be devoted to 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 (12)
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 (4) acres shall
be supplied by the requirements of this article and the recreation program of
the City.
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IBS
Section 25 -44 Population Density. Population density for the purpose
of this Article shall be as determined by resolution of the City Council.
Section 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 formula:
DENSITY FORMULA
Net density per dwelling unit
1 D.U. per acre or more
1 D.U. per 1/2 to 1 acre
1 D.U. per 10,000 sq. ft. to 1/2 acre
1 D.U. per 9,000 to 9,999 sq. ft
1 D.U. per 8,000 to 8,999 sq. ft
1 D.U. per 7,000 to 7,999 sq. ft
1 D.U. per 6,000 to 6,999 sq. ft
1 D.U. per 5,000 to 5,999 sq. ft
10 to 19 D.U.'s per acre
20 to 29 D.U.'s per acre
30 to 39 D.U.'s per acre
40 to 49 D.U.'s per acre
50 to 59 D.U.'s per acre
60 to 69 D.U.'s per acre
70 to 79 D.U.'s per acre
80 to 89 D.U.'s per acre
90 to 99 D.U.'s per acre
100 D.U.'s and over per acre
Percentage of the gross
area of the subdivision
required when park land
is dedicated
0 60%
1 20%
1 73%
2 70%
3 01%
3 40%
3 90%
4 58%
5 79%
9 30%
12 56%
15 58%
18 40%
21 05%
23 54%
25 85%
28 007
29 07%
Section 25 -46 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 gross area of the subdivision. Fair market value
shall be determined 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 appriaser which it shall accept as the final determination
of fair market value.
Section 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 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, provided the City Council 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
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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 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 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 Planning Commission 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 Planning
Commission 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 Planning Commission 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.
The determination of the Planning Commission as to whether
land shall be dedicated, or whether a fee shall be charged, or a combination
thereof, can be affirmed, modified, or reversed by the City Council purusant to
Section 25 -10 I. The action of the City Council shall be final and conclusive.
C. Subdivisions involving fifty lots or less - On subdivisions
involving fifty lots or less, only the payment of fees shall be required.
Section 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.
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Section 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
therefore generated by the future inhabitants of the subdivision.
Article VII
ENFORCEMENT
S 25 -51 General
S 25 -52 Certificate of Compliance
Section 25 -51 General. The provisions of this Ordinance shall be
enforced in accordance with the provisions of Chapter 7 of the Subdivision
Map Act.
Section 25 -52 Certificate of Compliance. Certificates of compliance
may be obtained in accordance with the provisions of Government Code Section
66499.35. Requests for certificates of compliance shall be accompanied by
the fee established by resolution of the City Council to cover the cost of
issuing and recording certificates of compliance.
FIRST READ at a regular meeting of the City Council of said City held on
the 23rd day of August 1976, and finally adopted and ordered posted at a regular
meeting of said Council held on the 13th day of September 1976.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
,� 6 j
CITY " E 0 CITY, OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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 the said
City Council held on the 13th day of September 1976; by the following roll
call vote:
AYES: 3 COUNCILMEN: Harvey, Hudson and MacLain
NOES: 0 COUNCILMEN: None
ABSENT: 2 COUNCILMEN: Lacayo and Sonju
CLERK RK DF THE TY OF CYPRESS