§ 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 or she desires to dedicate property for park and recreational purposes, or whether he or she desires to pay a fee in lieu thereof. If he or she desires to dedicate land for this purpose, he or she shall designate the area thereof on the tentative map as submitted.

  • (2) Action of city. At the time of the tentative tract map approval, the city council shall determine as a part of such approval, whether to require a dedication of land within the subdivision, a payment of a fee in lieu thereof, or a combination of both. If it shall determine to require a dedication of land, the city council shall designate the area thereof on the tentative tract map as submitted.

  • (3) Prerequisites for approval of final map. Where dedication is required, it shall be accomplished in accordance with the provisions of the Subdivision Map Act. Where fees are required, the same shall be deposited with the city prior to the approval of the final tract map. Open space covenants for private park or recreational facilities shall be submitted to the city prior to approval of the final tract map and shall be recorded contemporaneously with the final tract map.

• (b) Determination. Whether the city council accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following factors:

  • (1) Recreational element of the city's general plan;

  • (2) Topography, geology, access and location of land in the subdivision available for

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City of Cypress, CA

SUBDIVISIONS

§ 25-48

§ 25-50

dedication; and

• (3) Size and shape of the subdivision and land available for dedication.

• (c) Subdivisions involving 50 parcels or less. On subdivisions involving 50 parcels or less, only the payment of fees shall be required.

• (Ord. No. 582, § 2, 9-13-76; Ord. No. 717, § 26, 11-28-83; Ord. No. 769, § 6, 12-8-86; Ord. No. 874, § 1, 9-23-91)