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Ordinance No. 406ORDINANCE NO. 406 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING THE ZONING ORDINANCE NO. 90, SECTION 126.4 OF PART 26 TO CLARIFY AND STRENGTHEN THE REQUIREMENT OF DEDICATION AND STREET IMPROVEMENT CONSTRUCTION AS A CONDITION OF THE ISSUANCE OF A BUILDING PERMIT THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS: That Section 126.4 of Part 26 of Ordinance No. 90, the same being the Zoning Ordinance of the City of Cypress, is hereby amended to read as follows: "126.4. Street Dedication and Improvements. (a) Purpose. Dedication for public street purposes, and all uses appurtenant thereto, and construction of street improve- ments, as hereinafter required pursuant to this Section, is hereby found to be required by reason of the fact that changes will occur in local neighborhoods, and throughout the City, due to the increase in traffic, vehicular and pedestrian and other factors associated with development of properties within the City, caused by new construction or reconstruction of residential, commercial and industrial buildings and structures. Accordingly, it has been determined by the City Council of the City of Cypress that the public interest, convenience and necessity required, as a condition of issuance of building permits, that certain street dedication and street construction be imposed as a condition of issuance of such permits, in the manner hereinafter described. (b) Definitions. For the purpose of this Section, the following words and phrases shall be defined as hereinafter set forth, except where the context obviously requires a contrary interpretation: (1) Building Permit as used in this Section shall mean any building permit for the construction or reconstruction of any building or structure for which a building permit is required pursuant to the building regulations, including, but limited to, the Electrical, Plumbing and Mechanical Codes of the City; (2) Dedication shall mean a formal offer of dedication, in a form approved by the City Attorney, conveying or agreeing to convey, the real property to the City, as described in such instrument of conveyance, for public street purposes and all uses appurtenant thereto; (3) Guarantee, for the purpose of this Section, shall mean that the owner of the affected property shall guarantee the construction of improvements required pursuant to this Section by: (a) A cash deposit in an amount equal to the estimated cost of construction of such improvements, as determined by the Director of Public Works; or, (b) A corporate surety bond in such amount; or, (c) A written agreement, in a form approved by the City Attorney, suitably guaranteeing the construction of such improvements. The City Manager shall determine which method of guarantee should be utilized in each case. Such determination shall be made, based upon all of the circumstances of such case, including, but not limited to, the amount involved, the time set for such construction, and the demonstrated financial responsibility of the applicant. 32r e x„ (4) Improvements, for the purpose of this Section, shall mean such street improvements as would be required to be constructed by the owner of the property if said property.were the subject of, or included as a part of, a subdivision tract map; (5) Precise Plan as used in this Section, shall mean a precise plan prepared and approved in accordance with Section 65450 et seq. of the Government Code of the State of California; (6) Property as used in this Section, shall mean the lot or lots, located within the City, on which the building or structure is to be located, abutting a street which has not been dedicated and developed to its ultimate width. (c) Dedication when required. Dedication shall be required as a condition precedent to the issuance of any building permit for any building or structure to be located upon property which abuts a street which has not been dedicated to its ultimate width as designated on the 'Master Plan of Arterial Highways of the City of Cypress' as adopted by Section 119 hereof, or, if such street is not shown upon such Master Plan, then to a minimum ultimate width of 60 feet or as may otherwise be designated by an approved precise plan therefor. The area required to be so dedi- cated, in and along all street frontages of such lot or lots: (1) shall be of a depth equal to one -half of the ultimate width of the street or streets upon which such lot or lots abut; or, (2) as may be designated on an approved precise plan. (d) Improvements, when required. All street improvements shall be required to he constructed or guaranteed at the time of the issuance of such building permit, provided that: (1) where the City Manager finds that the grade of the affected street or streets, has not yet been set, such improvements may be guaranteed by a written agreement, which shall be made binding upon the then owner or owners, and the heirs, assignees and other successors in interest of such owner or owners who shall therein agree to construct such improvements at his or their expense at such time as the grade for such street is established by the City; or (2) that where the City Manager finds that the building or structures proposed to be constructed or reconstructed, constitutes an interim use of the property only, such improvements may be guaranteed by a written agreement which shall be made binding upon the then owner and his heirs, assignees and successors in interest, who shall, therein, agree to construct such street improvements when the property is developed to its ultimate use, provided that where the building permit, as issued, is for the repair, reconstruction or rehabilitation of a non - conforming building or structure, that the same shall be deemed an interim use of the property, and an agreement pursuant to this Section shall be authorized; or (3) where the City Manager finds that the property abuts a private street or streets, the greater portion of which has not been dedicated for public use, he shall require a cash deposit or bond to guarantee construction of street improvements when the same becomes a public street. (e) Dedication. Where dedication is required pursuant to this Section as a condition of issuance of the building permit, but such dedication cannot be made contemporaneously with the issuance of a building permit by reason of difficulty in ascer- taining the exact legal descriptions of the area to be so dedicated, or by reason of the fact that such dedication would result in the creation of small area of public street located in what was, prior to such dedication, a private street, or other good cause, as determined by the City Manager, such dedication shall be in the form of a future offer of dedication made pursuant to agreement -2 - which shall be made binding upon his heirs, assignees and successors in interest of the then owner or owners of the property. (f) Application to Subdivisions. The provisions of this Section shall have no application to subdivision tract maps, filed pursuant to the provisions of the Subdivision Map Act of the State of California, nor to minor land divisions otherwise permitted pursuant to the provisions of the Cypress Municipal Code. (g) Waiver of Improvements. Whenever the City Council finds that the public interest, convenience and necessity require the acquisition of public service easements, or other public areas, which are a part of property to which the provisions of this Section apply, it, by agreement, may waive requirement of con- struction of all or any part of the street improvements upon condition that the owner of such affected property dedicates such other public service easements or public areas to the City without cost therefor. (h) Appeals. Any person aggrieved by a decision reached by the City Manager or the Director of Public Works, pursuant to the provisions of this Section, may file an appeal from such decision to the City Council. Such appeal shall be in written form and shall briefly describe the nature of the decision made and the, reasons for the appeal. Such appeal shall be filed with the City Clerk. Upon receiving such an appeal, the City Clerk shall set the same for consideration by the City Council at its next most convenient meeting, and shall give the appealing party, and any other person re- questing the same, five (5) days written notice of the time and place of such hearing, by United States mail, postage prepaid, addressed to such persons at their last known addresses. The hearing to be conducted by the Council upon such an appeal, need not be a formal public hear- ing, provided that all interested persons shall be given a reasonable opportunity to be heard. The City Council shall determine whether the appeal is well founded, based upon the provisions of this Section, and its decision shall be final and conclusive. (i) Written Agreements. Whenever written agreements are required, pursuant to this Section, to guarantee either dedication of improve- ments, the same shall be recorded and shall provide that should litigation be reasonably necessary by the City to. enforce obligations pursuant thereto, that reasonable attorney fees shall be recoverable by the City in such case. PASSED AND ADOPTED BY the City Council of the City of Cypress at a regular meeting held on the 13th day of January, 1969. ATTEST: ,- ,. ( CITY CLERK OF THE CIT OF CYPRESS STATE OF CALIFORNIA) SS COUNTY OF ORANGE ) MAYOR OF THE CITY 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 13th day of January, 1969, by the following vote: AYES: 4 COUNCILMEN: Kanel, Kanode, Noe and Bowen NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Harvey CI Y CLERK OF. E CITY OF CYPRESS 3