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Chapter 25›Article V — PUBLIC IMPROVEMENTS, DEDICATIONS, PERFORMANCE AGREEMENTS, AND IMPROVEMENT SECURITIES

§ 25-38. Dedication of elementary school sites.

Cypress Planning Code · 2026-07 edition · updated 2026-07-25 · Cypress

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 remaining 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 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 or parcel map by the city council. If, within 30 days after the approval of the tentative map upon which the school site dedication requirement 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 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:

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City of Cypress, CA

SUBDIVISIONS

§ 25-38

§ 25-39

  • (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 10 years after the dedication, the subdivider shall have the option to repurchase the property from the district for the amount paid therefor.

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 10 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 10 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).

(Ord. No. 582, § 2, 9-13-76; Ord. No. 717, § 20, 11-28-83)

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▸ Contents — Cypress Planning Code
Cypress Planning Code
  1. ▸ Chapter 25
    Overview
    1. Article I — GENERAL PROVISIONS
    2. Article II — DIVISION OF LAND BY TRACT MAP
    3. Article III — DIVISION OF LAND BY PARCEL MAP
    4. Article IV — REVERSION TO ACREAGE
    5. Article IV — A MERGER OF PARCELS
    6. ▸ Article V — PUBLIC IMPROVEMENTS, DEDICATIONS, PERFORMANCE AGRE…
      Overview
      1. § 25-26. Purpose.
      2. § 25-27. City standards; adoption and modification thereof.
      3. § 25-28. Minimum improvements and dedications.
      4. § 25-29. Public improvements.
      5. § 25-30. Bridge crossing and major thoroughfares.
      6. § 25-31. Supplemental improvements; reimbursement therefor.
      7. § 25-32. Underground utilities and service lines.
      8. § 25-35 may be appealed to the city council in the same manner…
      9. § 25-33. Soils report.
      10. § 25-34. Inspection of public improvements.
      11. § 25-35. Improvement plans, drawings, and related items.
      12. § 25-36. Safety and public convenience.
      13. § 25-37. Reservation of land for public uses.
      14. § 25-38. Dedication of elementary school sites.
      15. § 25-39. Dedication of land for public use.
      16. § 25-40. Agreements and improvement securities.
    7. Article VI — PARK AND RECREATIONAL FACILITIES
    8. Article VIII — NEW RENTAL HOUSING CONVERSION
    9. Article IX — VESTING TENTATIVE MAP[1 ]
    10. Article X — PUBLIC IMPROVEMENTS AND FEES
    11. Article XI — URBAN LOT SPLITS
  2. Chapter 28
  3. Division 1 — Generally
  4. Division 2 — Financing Projects
  5. Division 4 — Applications
  6. Division 5 — Supplemental Provisions

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