§ 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, floodplains, sewers, waterlines, water rights, public utilities, traffic

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City of Cypress, CA § 25-39

CYPRESS CODE

§ 25-39

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 width designated in section 25-29(A)(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. Deviations 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 10 feet wide.

• (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.

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

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City of Cypress, CA

SUBDIVISIONS

§ 25-39

§ 25-40

property or rights being dedicated. Preparation, execution and delivery of the full 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 be 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 easements for public use, which resolution of acceptance shall be recorded with the county recorder.

  • (2) By parcel map or separate instrument: If dedications are offered on the title sheet of a parcel map as described in section 25-39(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 25-39(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 as designated areas.

• (Ord. No. 582, § 2, 9-13-76)