Ordinance No. 484ORDINANCE NO. 484
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAYMENT
OF FEES, OR BOTH FOR PARK AND RECREATIONAL LAND.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Cypress does hereby find,
determine, and declare as follows:
(a) In 1965, the Legislature of the State of California amended
the Subdivision Map Act (Sections 11500 et seq. of the Business and Professions
Code) so as to enable cities and counties to require either the dedication of
land, the payment of fees, or a combination of both, for park and recreational
purposes as a condition of approval of a subdivision map.
(b) Residential developments other than those involving subdivisions
of land also decrease the supply of open space within the City of Cypress which
might otherwise be available for park and recreational purposes and, at the
same time, increase the demand for parks and recreational facilities.
(c) The public interest, convenience, health, welfare, and safety
require either the dedication of land, the payment of fees, or a combination of
both, for park and recreational purposes as a condition of approval of- subdivi-
sion maps and of residential developments other than those involving subdivisions.
(d) The City Council of the City of Cypress has adopted a general
plan containing a recreational element which establishes definite principles
and standards for the park and recreational facilities to serve its residents.
SECTION 2. Article VII, "Park and Recreational Facilities" is added to
Chapter 25 of the Code of the City of Cypress to read as follows:
Article VII - Park and Recreational Facilities
Section 25 -70. Subdividers must provide 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 sub-
division.
Section 25 -71. Application. 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 Ordinance, and ex-
cept also industrial subdivisions.
Section 25 -72. Relation of land required to population density. It is
hereby found and determined:
(a) That the public interest, convenience, health, welfare and
safety require that four (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 (11) acres of property
for each one thousand (1,000) persons residing within the City for park and
recreation purposes; and
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(c) That the remainder of the required four (4) acres shall be
supplied by the requirements of this Ordinance and the recreation program of
the City.
Section 25 -73. Population Density. Population density for the purpose
of this Ordinance shall be determined in accordance with the 1960 Census of
Population on Housing: Final Report PHC (1) -82 Los Angeles, Long Beach SMSA,
to wit:
(a) Single family dwelling units, and duplexes - - 3.1 persons per
dwelling unit; and
(b) Multiple family dwelling units - - 2.1 persons per dwelling unit.
The basis for determining the total number of dwelling units shall be the num-
ber of such units included in the subdivision at the time the final subdivision
tract map is filed with the City Council for approval.
Section 25 -74. Amount of land to be dedicated. The amount of land required
to be dedicated by a subdivider pursuant to this Ordinance, shall be based on
the gross area included in the subdivision, determined by the following formula:
DENSITY FORMULA:
Net density per dwelling unit
Percentage of the gross
area of the subdivision
required when park land
is dedicated
1 D.U. per acre or more 0.60%
1 D.U. per 1 to 1 acre 1.20%
1 D.U. per 10,000 sq. ft. to 11 acre 1.73%
1 D.U. per 9,000 to 9,999 sq. ft. 2.70%
1 D.U. per 8,000 to 8,999 sq. ft. 3.01%
1 D.U. per 7,000 to 7,999 sq. ft. 3.40%
1 D.U. per 6,000 to 6,999 sq. ft. 3.90%
1 D.U. per 5,000 to 5,999 sq. ft. 4.58%
10 to 19 D.U.'s per acre 5.79%
20 to 29 D.U.'s per acre 9.30%
30 to 39 D.U.'s per acre 12.56%
40 to 49 D.U.'s per acre 15.58%
50 to 59 D.U.'s per acre 18.40%
60 to 69 D.U.'s per acre 21.05%
70 to 79 D.U.'s per acre 23.54%
80 to 89 D.U.'s per acre 25.85%
90 to 99 D.U.'s per acre 28.00%
100 D.U.'s and over per acre 29.07%
Section 25 -75. 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 -74 if dedication were
required bears to the gross area of the subdivision. Fair market value shall
be determined by the Secretary of the Planning Commission; provided, however,
that if the subdivider objects to said determination, he may, at his own expense,
obtain an appraisal of the subject property by an M.A.I. real estate appraiser.
The determination of said M.A.I. appraiser may be accepted by the City Council,
or the Council may obtain a second appraisal by an M.A.I. real estate appraiser
which it shall accept as the final determination of fair market value.
Section 25 -76. 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 -74
hereof, or the payment of fees in lieu thereof, as set forth in Section 25 -75
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 de-
feated or eliminated without the consent of the City Council; and
(d) That the proposed private open space is reasonably adaptable
for use for park and recreational purposes, taking into consideration such
factors as size, shape, topography, geology, access, and location of the pri-
vate 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 -77. 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:
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1. Action by Subdivider. At the time of filing a tentative
tract map for approval, the subdivider shall, as a part of such filing, indi-
cate 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.
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 com-
bination of both, shall be determined by consideration of the following fac-
tors:
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 ded-
icated, or whether a fee shall be charged, or a combination thereof, can be
affirmed, modified, or reversed by the City Council pursuant to Section 25 -18.
The action of the City Council shall be final and conclusive.
(c) Subdivisions involving 50 lots or less. On subdivisions in-
volving 50 lots or less, only the payment of fees shall be required.
Section 25 -78. 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 faci-
lities within five (5) years from the time of final inspection and acceptance
of tract improvements by the City Council.
Section 25 -79. 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.
SECTION 3. Part 26 -A, "Park and Recreational Facilities ", is added to
Ordinance No. 90, the Zoning Ordinance of the City of Cypress, to read in full
as follows:
Part 26 -A - Park and Recreational Facilities
Section 126 -A.1. Developers Must Provide Park and Recreational Facilities.
Every person who develops land for residential purposes within the City of Cypress
shall dedicate a portion of such land, pay a fee, or do both, as set forth in
this part, for the purpose of providing park and recreational facilities to help
serve future residents of such development.
Section 126 -A.2. Application. The provisions of this part shall apply to
all residential developments within the City of Cypress except developments on
property which has been subdivided pursuant to the Cypress City Code and for which
the subdivider was required, pursuant to Sections 25 -70 et seq. of the Cypress
City Code, to dedicate land, pay a fee, or do both.
Section 126 -A.3. Relation of Land Required to Population Density. It is
hereby found and determined:
(a) That the public interest, convenience, health, welfare and safety
require that four (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 cooperative
arrangements between the City and the local school districts and local park and
recreation districts to make available one and one -half (11) acres of property
for each one thousand (1,000) persons residing within the City for park and
recreation purposes;
(c) That the remainder of the required four (4) acres shall be
supplied by the requirements of this ordinance and the recreation program of
the City.
Section 126 -A.4. Population Density. Population density for the purpose
of this ordinance shall be determined in accordance with the 1960 Census of
Population on Housing: Final Report PHC (1) -82 Los Angeles, Long Beach SMSA,
to wit:
(a) Single family dwelling units, and duplexes -- 3.1 persons per
dwelling unit; and
(b) Multiple family dwelling units -- 2.1 persons per dwelling unit.
The basis for determining the total number of dwelling units shall be the number
of such units indicated on the application for a building permit.
Section 126 -A.5. Amount of Land to Be Dedicated. The amount of land
required to be dedicated by a developer pursuant to this part, shall be based
on the gross area to be developed, determined by the following formula:
DENSITY FORMULA:
Net Density per dwelling unit
Percentage of the gross
area of the development
required when park land
is dedicated
1 D.U. per acre or more 0.60%
1 D.U. per 1 to 1 acre 1.20%
1 D.U. per 10,000 sq. ft. to 1 acre 1.73%
1 D.U. per 9,000 to 9,999 sq. ft. 2.70%
1 D.U. per 8,000 to 8,999 sq. ft. 3.01%
1 D.U. per 7,000 to 7,999 sq. ft. 3.40%
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1 D.U. per 6,000 to 6,999 sq. ft. 3.90%
1 D.U. per 5,000 to 5,999 sq. ft. 4.58%
10 to 19 D.U.'s per acre 5.79%
20 to 29 D.U.'s per acre 9.30%
30 to 39 D.U.'s per acre 12.56%
40 to 49 D.U.'s per acre 15.58%
50 to 59 D.U.'s per acre 18.40%
60 to 69 D.U.'s per acre 21.05%
70 to 79 D.U.'s per acre 23.54%
80 to 89 D.U.'s per acre 25.85%
90 to 99 D.U.'s per acre 28.00%
100 D.U.'s and over per acre 29.07%
Section 126 -A.6. 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 developed as the amount of
land which would be dedicated pursuant to Section 25 -74 if dedication were
required bears to the gross area of the development. Fair market value shall
be determined by the Secretary of the Planning Commission; provided, however,
that if the developer objects to said determination, he may, at his own expense,
obtain an appraisal of the subject property by an M.A.I. real estate appraiser.
The determination of said M.A.I. appraiser may be accepted by the City Council,
or the Council may obtain a second appraisal by an M.A.I. real estate appraiser
which it shall accept as the final determination of fair market value.
Section 126 -A.7. Choice of Land or Fee.
(a) Procedure. The procedure for determining whether the applicant
is to dedicate land, pay a fee, or both, shall be as follows:
1. Applications for which dedication of land may be required.
Dedications of land may be required only for developments on parcels in excess
of ten (10) acres in size. Only the payment of fees shall be required for all
other developments.
2. Applicant. At the time of filing an application for a
building permit for a development on a parcel in excess of ten (10) acres in
size, the applicant 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 include with his application for a building permit a legal description of
the land which he proposes to dedicate.
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3. Action of the City. Prior to the issuance of such building
permit, the City Council shall determine whether to require a dedication of
land, payment of a fee in lieu thereof, or a combination of both.
4. Prerequisites for approval. Where dedication is required,
it shall be accomplished in the manner prescribed by the City Attorney which
manner shall be generally analogous to the provisions of the Subdivision Map
Act which relate to the dedication of land. Where fees are required the same
shall be deposited with the City prior to the approval of the building permit.
Section 126 -A.8. Payment of Fees. Where fees are required to be paid
pursuant to the provisions of this part, payment thereof shall be made to the
City prior to the issuance of a building permit.
Section 126 -A.9. Limitation on Use of Land and Fees. The land and fees
received under this part shall be used to help provide park and recreational
facilities to serve the future residents, occupiers, and users of the building
or structure for which received and shall bear a reasonable relationship to
the needs for the park and recreational facilities generated by said future
residence, occupiers, and users.
SECTION 4. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this Ordinance, or any part thereof, is for any reason
held to be unconstitutional, such decision shall not affect the validity of
the remaining portions of this Ordinance or any part hereof. The City Council
of the City of Cypress hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause or phrase hereof irre-
spective of the fact that any one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases be declared unconstitutional.
PASSED AND ADOPTED by the City Council of the City of Cypress, at a
regular meeting held on the 12th day of June , 1972.
w•
MAYOR OFt CI Y OF C PRESS
ATTEST:
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CITY' CLERK OF THE CYTY OF CYPRESS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Ordinance was adopted at a regular meeting of the said City
Council held on the 12th day of June, 1972, by the following roll call vote:
AYES: 5 COUNCILMEN: Frankiewich, Harvey, Kanel, Roberts and Lacayo
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
CITY CLERK OE THE QITY OF CYPRESS
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