Cypress Municipal Code Art. V Public Improvements, Dedications, Performance Agreements, and Improvement…

The purpose of this article is to define, specify, regulate and control the design and improvement of public works facilities, dedications and offers of dedications, and other requirements imposed as conditions of the acceptance and approval of final tract maps, final parcel maps, the combination of lots, lot line adjustments, reversions to acreage, other public works permits, and all other procedures and processes wherein public improvements, improvement plans and dedications are required as a condition precedent to official city approval either by the director of public works, planning director, planning commission or the city council, and to describe and regulate the preparation and execution of public improvement performance agreements, improvement securities, bonds and other instruments guaranteeing the completion of any said required public improvements.

Design shall mean: Street alignment, grade and width; drainage and sanitary facilities and utilities, including alignments and grades thereof; location and size of all required easements and rights-of-way; lot size and configuration; vehicular access and traffic safety; grading and erosion control; land to be dedicated for park or recreational purposes; bicycle, bridle, hiking and recreation trails; and any other specific requirements in the plan and configuration of the subdivision, tract, division of land, development for which a use permit or building permit is requested, combination of lots, lot line adjustment, reversion to acreage, or other process or act requiring city approval or permit as may be necessary or convenient to insure conformity to or implementation of the city general plan, or any element thereof or of any specific plan applicable thereto.

The purpose of this article is to define, specify, regulate and control the design and improvement of public works facilities, dedications and offers of dedications, and other requirements imposed as conditions of the acceptance and approval of final tract maps, final parcel maps, the combination of lots, lot line adjustments, reversions to acreage, other public works permits, and all other procedures and processes wherein public improvements, improvement plans and dedications are required as a condition precedent to official city approval either by the director of public works, planning director, or the city council, and to describe and regulate the preparation and execution of public improvement performance agreements, improvement securities, bonds and other instruments guaranteeing the completion of any said required public improvements.

(Ord. No. 582, § 2, 9-13-76; Ord. No. 717, § 16, 11-28-83)

All public improvements, construction and dedications required and described in this chapter shall conform to the standards and specifications of the city as specified in this chapter and in the printed standards on file in the offices of the city clerk and director of public works, and in the applicable portions of the latest editions of the State of California, Department of Transportation "Standard Specifications" and the American Public Works Association "Standard Specifications for Public Works Construction," copies of which are also on file in said offices. Said printed standards and specifications are hereby adopted by this reference. The director of public works is hereby delegated the authority to approve improvement plans which are substantially equivalent to the adopted standards.

(Ord. No. 582, § 2, 9-13-76)

The minimum public improvements and dedications which shall be required to be made or guaranteed under the provisions of this chapter shall be as follows:

(1) The improvement of public and private streets to provide suitable access and circulation.

(2) A sewerage system to provide adequate collection of wastes from each lot, parcel, building or structure within the area being developed.

(3) A water supply system capable of providing adequate water supply and fire protection for each lot, parcel, building or structure within the area of development.

(4) Storm drainage systems to provide the area with suitable protection against inundation, erosion, sedimentation or damage to on-or off-site property.

(5) A street lighting system.

(6) Traffic control and warning signs, pavement striping and markings, all in conformance with the requirements of state law and the director of public works.

(7) Installation of landscaping and irrigation facilities adjacent to or appurtenant to other public improvements.

(8) Installation of underground utilities, including gas, telephone, electrical, water and sewer services.

(9) Dedication of easements necessary to accommodate all of the above improvements.

(10) Any other such requirements as needed to insure conformity to or implementation of the city general plan or any adopted specific plan.

(Ord. No. 582, § 2, 9-13-76)

The following standards and criteria shall apply for the design and construction of all public improvements required under this title:

(A) Streets and highways:

(1) Right-of-way and roadway width. Streets shall substantially conform to the circulation element of the general plan or an adopted specific plan. Requirements may exceed general plan requirements at the request of the developer with concurrence of the director of public works. In the absence of a general plan or specific plan, the street system shall relate in location and width to the existing streets in the area adjoining the development or project. Additional right-of-way and improvement may be required to accommodate the provision of trails in accordance with the objectives of the master plan of trails.

(2) Right-of-way and roadway width shall be as follows:

Streets or highways not falling clearly into listed types or private streets with public service easements may have widths different than those listed as approved by the department of public works.

The types of streets identified above shall have the following definitions:

(a) Local Streets: Local streets shall not be less than 60 feet in width. The right-of-way shall be improved with two travel lanes and two parking lanes.

(b) Cul-de-sac: Cul-de-sacs shall have a minimum width of not less than 56 feet. The radius at the terminus of the cul-de-sacs shall be not less than 50 feet. Pavement width shall be the same as a local street.

(c) Local Collector: Local collector streets shall not be less than 64 feet wide. The right-of-way shall be improved with two twelve-foot travel lanes and two parking lanes, or four eleven-foot travel lanes, with no parking, if traffic warrants.

(d) Secondary Arterial: Secondary arterials shall have a minimum right-of-way of 84 feet, improved with a four-lane highway. There shall be limited vehicular access from abutting properties.

(e) Primary Arterial: Primary arterials shall have 100 feet of right-of-way improved with a six-lane, divided or undivided highway. There shall be restricted vehicular access from abutting properties.

(f) Major Arterial: Major arterials shall have 120 feet of right-of-way improved with a six-lane, divided or undivided highway. There shall be restricted vehicular access from abutting properties.

(g) Rural Street: Rural streets shall be those streets as may be specified from time to time by resolution of the city council when located in low-density residential areas zoned RS-15000 and having right-of-way widths of not more than 60 feet. Normal street improvements such as curbs, gutters, sidewalks and streetlights shall not be generally required along rural streets in order to preserve the natural beauty and rural environment of an area.

(3) Dead-end and cul-de-sac streets. Cul-de-sac streets, generally, shall not exceed 300 feet in length measured along the street center line from the center line of the intersecting street to the radius point of the turnaround or bulk end of the cul-de-sac. The property line radius at the terminus of the cul-de-sac shall be designed so as to provide a uniform parkway width. The curb radius shall be a minimum of 38 feet. Dead-end streets, to be extended at some later date, generally shall not exceed 300 feet in length, measured along the street center line from the center line of the intersecting street to the terminus of the dead-end street. The ends of dead-end streets shall be improved with temporary turnarounds as required by the director of public works.

(4) Frontage roadways. Along major highways, limited access highways or freeways, a frontage road separated from the main roadway by an acceptable divider strip may be required.

(5) Curved streets. The center line radii of curves on streets or highways, except where physical conditions and other special circumstances make compliance impractical, shall be not less than:

(a) One thousand feet on arterial highways.

(b) Five hundred feet on local collector streets.

(c) Two hundred fifty feet on all other streets.

(6) Grades. Street grades shall not be less than 0.2%.

(7) Intersections. Street intersections shall be as near to right angles as practicable. Where new streets intersect existing "tee" intersections, the new center line shall align as closely as possible with that of the opposite street.

(8) Continuation of existing streets. Streets which are a continuation of streets on contiguous property shall be aligned so as to assure that their center lines shall coincide. In cases where straight continuations are not physically possible, such center line shall be continued by curves.

(9) Curb return and property line radii. At the intersections of all streets, where both streets have a right-of-way of 80 feet or greater, the radius of the curb return shall be no less than 35 feet; where one of the intersecting streets has a right-of-way width of 80 feet or more, and the other street has a width of less than 80 feet, the curb return radius at the intersection shall be no less than 35 feet. Curb return radii on all other intersecting streets, where both streets have right-of-way widths less than 80 feet, shall be not less than 25 feet. The property line radius at the above intersections shall be equal to the curb return radius, less the width of the narrower parkway of the two intersecting streets. In no case shall the parkway width around a curb return be less than eight feet wide. At the intersection of a private street or a public service easement with a public street where the public street has a right-of-way width of 80 feet or more, the curb return shall be no less than 25 feet in radius.

(10) At the intersection of arterial and primary streets as shown on the master plan of streets and high-ways, there shall be a property line cutoff. This cutoff shall be the chord drawn between the intersection points of the curb radius lines of a 35 foot curb radius with the street property lines.

(B) Sidewalks and walkways. Concrete sidewalks shall be installed on both sides of all arterial highways and through streets. Widths shall be in accordance with the Cypress General Plan or as designed by the director of public works, but shall not be less than four feet wide in residential areas and five feet wide in multiple-residential zones. Sidewalks may be eliminated in parkways on local streets fronting property zoned for industrial or manufacturing use, provided the parkway is suitably landscaped and irrigated in lieu thereof. Full width sidewalks shall generally be provided on arterial highways and in commercial zones. Walkways between blocks or streets, or at such other locations as required by the conditions of development, shall be dedicated and improved for the convenience of pedestrian traffic, and shall be not less than 10 feet in width. Sidewalks, improved to the standards and at the locations specified, shall be provided and installed within common lot areas, between lots, and along private streets and easements in planned residential developments (PRD), and in condominium projects in accordance with the conditions of development.

(C) Street lighting and common area lighting. Streetlights shall be provided and installed on all streets. The lighting system shall be constructed to city standards. Where, in the opinion of the director of public works, present conditions or circumstances make the construction of streetlights more practical at some later date, a cash deposit, in lieu of their construction, shall be paid to the city, which deposit shall be equal to the prevailing cost of a standard streetlight divided by the average spacing between any two staggered streetlights, multiplied by the street frontage of the property in question. Private streets and common areas within planned residential and within condominium projects shall be improved by the construction of street and area lighting systems in accordance with approved plans.

(D) Street names and street name signs. All new streets shall be named and all private streets within planned residential developments shall be named. The names shall be chosen by the city, or the subdivider or developer, subject to the review and approval of the city street naming committee. Street name signs, bearing block numbers, shall be installed at intersections of all streets and highways and private, named streets, and at such other locations designated by the director of public works. All street name signs shall conform to the standards as established by the director of public works as to size, color, height, lettering and other details. Fees to pay for the furnishing and installation of street name signs by city forces shall be collected from the developer or subdivider.

(E) Parkway trees. Parkway trees shall be installed along all streets and highways. The trees shall be installed in the manner and shall conform to the size and species specified in the city townscape plan and by the director of public works. In full-width sidewalks, tree wells shall be provided as required for the trees. Fees to pay for the furnishing and installation of parkway trees by city forces shall be collected from the developer or subdivider. On streets adjacent to industrial, manufacturing, or planned residential zones, parkway trees may not be required, provided they are replaced by trees or other suitable landscaping planted on adjacent properties in conjunction with approved, on-site landscaping.

(F) Median Islands. Raised median islands shall be required in accordance with the provisions of the general plan.

(G) Alleys and public service easements. Alleys may be required on all sites zoned for or to be used for industrial, commercial or multiple-family purposes when the lot layout, safety of access, provision of legal access or public service needs makes such public access necessary. Where the lot is large, under single ownership and the conditions applicable for public alleys are not present, a public service easement, improved to city standards, may be required in lieu of an alley. The purpose of said public service easement is to provide an easement for all public and private utilities, including cable television, and to provide an access easement for all public service vehicles, including but not limited to emergency vehicles, police patrol, fire inspection, and refuse collection trucks. The property owner may otherwise control access and shall be responsible for maintenance of the roadway improvements within said public service easement. Alleys or public service easements may be required at the rear of all property fronting directly upon major highways and secondary streets and may be required at other locations where necessary to prevent undue interference with traffic. Where alleys or public service easements intersect, the corners shall be provided with cutoffs to provide sight distance and to facilitate turning. Cutoffs shall be triangularly shaped, having 15 feet (minimum) sides on each alley, or spandrel shaped, having a twenty-five-foot (minimum) radius. Alley and public service easement dedications shall include the cut-off areas. All alleys and public service easements shall be constructed in accordance with city development standards as to design, alignment, width, and method of improvement, with the minimum width of any alley or public service easement being 26 feet. As a condition of tentative or final map approvals, existing alleys in need of reconstruction or upgrading, where determined by the director of public works, may be required to be reconstructed or upgraded, or in lieu thereof, a reasonable cash deposit in the amount of the estimated cost of improvement, shall be deposited with the director of public works.

(H) Drainage and grading improvements. Drainage facilities shall be provided and installed as necessary to protect the lots, parcels, buildings or structures involved from flooding, and to prevent excessive flooding of the public streets therein or abutting the property. The facilities shall be designed to prevent excessive flooding of the first floor level, as defined by the Federal Insurance Administration, from storm runoff emanating from a one hundred-year frequency storm. Public streets shall be protected from flooding from run-offs of a ten-year frequency storm, in accordance with city standards or approved equivalent. Protection to higher levels may be required by the director of public works, dependent upon the degree of flood risk involved, the topography, location, local drainage patterns, and the requirements of the Orange County Flood Control District. Hydrologic and hydraulic calculations and studies for all such facilities shall be subject to the review and approval of the director of public works. All grading done in conjunction with the development of the tract or property concerned shall be performed in conformance with the city building and grading code and with good engineering practices. On-and off-site storm drain facilities and the site grading shall be so designed and constructed to prevent undue erosion of the site or off-site properties, and to prevent excessive deposits of mud, silt or debris upon any public street or easement, or within any channel, storm drain facility, swale or watercourse. Fees shall be collected as a condition of the final approval of a subdivision map for the purpose of defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas. The fee shall be calculated in accordance with the city master plan of drainage, or any applicable element of the city general plan and established by resolution of the city council.

(I) Sewerage facilities. Sewer mains, manholes and appurtenances shall be constructed to serve the subdivision, lot, parcel, building or structure, and individual laterals shall be provided to each lot and parcel therein. All such facilities shall be installed prior to the paving of the streets, alleys or improvement of the easements within the development. Sanitary sewers shall be constructed to the sizes, lines, grades and design in accordance with city standards or approved equivalent, and as required by any master plan of sewers or element of the general plan or any specific plan in effect. Fees shall be collected as a condition of the final approval of a subdivision map for the purpose of constructing planned sanitary sewer facilities for local sanitary sewers in accordance with the city's master sewerage plan or any applicable element of the city general plan.

(1) All house laterals, industrial connection sewers, and appurtenances thereto, now existing or hereafter constructed, shall be maintained by the owner of the property in a safe and sanitary condition, and all devices and safeguards which are required by this chapter or any other requirement of the city, for the operation thereof shall be maintained in a good working order.

(J) Water supply system. Water mains, services, meters, cross connection control, valves, fire protection facilities, and all other appurtenances of the water system shall be provided to the sizes, lines, grades and design in accordance with city standards or approved equivalent, applicable state law, and the fire marshal. All mains, services and appurtenances shall be installed prior to the paving of the streets or alleys or easements within the development. Connection charges, water main reimbursements, front footage charges, and all other fees related to water systems shall be paid.

(K) Driveways and access. The location of driveway depressions and access points within a subdivision or planned residential development project, or other development shall be as shown on the approved tentative map, concept plan, or site plan, or in their absence as determined by the director of public works, in accordance with sound traffic engineering principles and practices. Driveways and access points shall be improved in the manner and to the extent as determined by the director of public works, subject to the following general provisions:

(1) Driveway depressions shall be a minimum of 15 feet in width.

(2) Driveway depressions on a single parcel or lot shall be separated by at least 22 feet of full curb height.

(3) Maximum width of driveway depressions in single-family zones:

(a) Where lot has one-or two-car garage: Twenty-five feet.

(b) Where lot has a three-car garage: Thirty feet.

(4) Maximum width of driveway depressions in other, higher density or use zones: Thirty feet, except as otherwise approved by the director of public works in accordance with sound traffic engineering principles and practices.

(5) No part of a driveway depression or transition shall encroach onto adjoining property frontages. A minimum of two feet of full-height curb is required between the property line and top of "X."

(6) Driveways shall be constructed symmetrically and shall be at right angles to the center line of the street or radial to the street on curbed streets.

(L) Landscaping. The open space and other areas owned in common planned residential and condominium projects shall be provided with landscaping and irrigation facilities in accordance with plans to be approved by the planning director.

(M) Traffic signals. Construction, modification or upgrading of traffic signals and appurtenances may be required as a condition of the approval of any subdivision, land division, use or building permit, if the additional traffic generated by the tract or development, the safety of the traveling public, the increased use of the streets, or other unusual circumstances require said construction. Where the development of a subdivision or other project will be phased over a period of time, and, in the opinion of the director of public works, the full effect of the increased burden on the streets will not be felt for a period of time, the subdivider or developer may be required to deposit a cash amount in the estimated value of the traffic signal improvements ultimately to be made, which sum shall be used at such time as the construction of the signal and appurtenances is warranted. In lieu of a cash deposit, the subdivider/developer may be permitted to post a bond or other surety to guarantee the installation of required traffic signals in a form satisfactory to the public works director and city attorney. The exact amount, details and timing of the deposit and future construction shall be subject to an agreement between the city and the subdivider or developer.

(N) Walls. A masonry wall or equivalent thereof shall be constructed along the sides of all arterial, primary and secondary highways, where the abutting lots or parcels have alternate access to other streets, and where access rights to the arterial, primary or secondary highway from the abutting lots have been or are required to be dedicated to the city. The exact type of construction, design and height of the walls shall be in accordance with city standards or approved equivalent. Retaining walls shall be required where there is a difference of one foot or more in grade.

(Ord. No. 582, § 2, 9-13-76; Ord. No. 717, § 17, 11-28-83; Ord. No. 894, § 2, 2-8-93)

(A) Purpose.

(1) The purpose of this section is to make provision for assessing and collecting fees as a condition of approval of a final subdivision map or as a condition of issuing a building permit for the purpose of defraying the actual or estimated costs of constructing bridges or major thoroughfares pursuant to Section 66484 of the Government Code.

(2) Whenever this section refers to the circulation element of the general plan or the transportation or flood control provisions thereof, it shall mean the circulation element of the general plan and the transportation and flood control provisions thereof heretofore adopted by the city pursuant to Chapter 3 of Title 7 of the Government Code, together with any additions or amendments thereto hereafter adopted.

(B) Payment of fees required.

(1) Prior to filing a final subdivision map which includes land within an area of benefit established pursuant to this chapter, the subdivider shall pay or cause to be paid any fees established and apportioned to said property pursuant to this section for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways or canyons or constructing major thoroughfares.

(2) Prior to the issuance of a building permit for construction on any property within an area of benefit established pursuant to this section, the applicant for such permit shall pay or cause to be paid any fees established and apportioned pursuant to this section for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways or canyons or constructing major thoroughfares, unless such fees have been paid pursuant to subdivision (B)(1) of this section.

(3) Notwithstanding the provisions of subdivision (1) and (2) of this subsection (B):

(a) Payment of bridge fees shall not be required unless the planned bridge facility is an original bridge serving the area (or an addition to any existing bridge facility serving the area) at the time of adoption of the boundaries of the area of benefit.

(b) Payment of major thoroughfare fees shall not be required unless the major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the area of benefit.

(C) Public hearing.

(1) Prior to establishing an area of benefit, a public hearing shall be held by the city council, at which time the boundaries of the area of benefit, the costs, whether actual or estimated, and a fair method of allocation of costs to the area of benefit and fee apportionment shall be established. Notice of a hearing shall be given pursuant to Section 65905 of the Government Code and in addition shall contain preliminary information related to the proposed boundaries of the area of benefit, estimated cost and the method of fee apportionment proposed.

(D) Protest.

(1) At any time not later than the hour set for hearing objections to the proposed bridge facility or major thoroughfare, any owner of property within the proposed area of benefit may file a written protest against the proposed bridge facility or major thoroughfare or against the extent of the area to be benefited by the improvements or against both of them. Such protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same and if the signers are not shown on the last equalized assessment roll as the owners of such property, must contain or be accompanied by written evidence that such signers are the owners of such property. All such protests shall be delivered to the city clerk and no other protest or objections shall be considered. Any protests may be withdrawn by the owners making the same, in writing, at any time prior to the conclusion of the public hearing.

(2) If there is a written protest filed with the city clerk by the owners of more than one-half ( 1/2) of the area of the property within the proposed area of benefit, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half ( 1/2) of that to be benefited, then the proposed proceedings shall be abandoned, and the city council shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvements under the provision of this section.

(E) Exemptions. Notwithstanding the provision of section 25-30(C), payment of such fees shall not be required for:

(1) The use, alteration or enlargement of an existing building or structure or the erection of one or more buildings or structures, accessory thereto, or both, on the same lot or parcel of land; provided, the total value, as determined by the director of public works, of all such alteration, enlargement or construction completed within any one-year period does not exceed one-half ( 1/2) of the current market value, as determined by the director of public works, of all existing buildings on such lot or parcel of land, and the alteration or enlargement of the building is not such as to change its classification of occupancy as defined by Section 501 of the Uniform Building Code.

(2) The following accessory buildings and structures: Private garages, children's playhouses, radio and television receiving antennas, windmills, silos, tank houses, shops, barns, coops and other buildings, which are accessory to one-family or two-family dwellings.

(F) Consideration in lieu of fees. Upon application by the subdivider or applicant for a building permit, the city council may accept consideration in lieu of fees required pursuant to this section, provided:

(1) The city council finds upon recommendation of the director of public works that the substitute consideration has a value equal to or greater than the fee;

(2) The substitute consideration is a form acceptable to the city council.

(Ord. No. 582, § 2, 9-13-76)

Improvements installed or required to be installed as a condition of a subdivision, tract or division of land may be required by the advisory agency to contain supplemental size, capacity, number, or amount for the benefit of adjoining or nearby properties not within the tract or lot division. All such additional or supplemental facilities shall be dedicated to the city for public use in a manner approved by the city attorney. When such additional or supplemental improvements or facilities are required, the city may enter into a reimbursement agreement with the subdivider or developer, in a form approved by the city attorney, which shall provide for reimbursement to the subdivider or developer from all future parties or properties benefitted by the presence, use or availability of the additional improvements or facilities. The amount of the reimbursement shall be equal to the difference in cost between the total actual cost of the improvements, including the additional or supplemental facilities and the cost of the improvements had not the additional or supplemental items been required.

Pursuant to the requirements of this section, whenever any tentative tract or parcel map or map for the reversion of lots to acreage is filed, all electrical, telephone, community antenna television and similar wires, cables, services and appurtenances which provide direct service to the property being subdivided, divided or developed, shall be installed underground, and all existing facilities providing direct service to the building, structure or development being added to or rebuilt shall be undergrounded as a condition precedent to the approval of such tentative or final parcel map or subdivision tract map, by the city council, director of public works or city staff, whichever is applicable. All extensions of existing electrical power, telephone, communication, and cable television lines hereinafter constructed in the City of Cypress shall be placed underground. All utility undergrounding shall be installed and performed at no expense to the City of Cypress, subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the California Public Utilities Commission.

(a) Exceptions. The provisions of this section shall not apply to:

(1) Any municipal equipment or facilities installed under the supervision of and to the satisfaction of the director of public works.

(2) Poles, overhead wires and cables and associated overhead structures and appurtenances used for the transmission of electrical power at nominal voltages in excess of 34,500 volts.

(3) Antennae, receivers, associated equipment and supporting structures used by a utility for communication services.

(4) Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestals, terminal boxes, meter cabinets, vents and the like.

(5) Temporary poles, wires, and overhead structures and associated equipment used or to be used in conjunction with construction projects, or installed and maintained for a period of 10 days or less for emergency reasons.

(6) Any equipment or facilities owned or operated by the State of California or the federal government.

(b) Appeal. Where the enforcement of the provisions of this section would result in undue hardship on the part of a utility, subdivider or developer, application for exception from the provisions herein may be made in the following manner:

(1) Written application shall be filed with the director of public works.

(2) Such written application shall include all information, facts and figures necessary to properly advise and inform the director of public works of the circumstances which require such appeal and create such hardship.

(3) The director of public works shall consider the application and the facts thereon, and shall, within 20 days after its filing, grant or deny the appeal, or modify the requirements which caused the appeal, and shall notify the appealing party in writing of his decision. Any action or decision taken or made by the director of public works may be appealed to the city council in the same manner as required for appeals from the requirements of a use or building permit.

(Ord. No. 582, § 2, 9-13-76; Ord. No. 717, §§ 18, 19, 11-28-83)

Unless otherwise specified herein, a preliminary soils report, prepared by a civil engineer registered in the State of California, shall be required for every division of land for which a tract map or a parcel map is required. The public works director may waive the requirement for such a report if, due to reports on file, or his knowledge of the existing soil conditions and qualities within the land to be divided, he finds that such a preliminary report is not necessary. If the number of lots or parcels involved in the division is small, or if their development is to be deferred, the public works director may also defer the requirement for a soils report until such time as grading or building permits are requested on the lots or parcels. Unless specifically required otherwise, a preliminary soils report shall not be required for a lot line adjustment, or for the approval of a map for the reversion of divided land to acreage. Any such preliminary soils report shall be based upon sufficient test borings, and shall indicate the character and quality of the land and soils within the area being divided. If the preliminary soil report indicates the presence of critically expansive soils, or conditions indicating slippage, soil movement, lack of compaction, seismic activity, or any other conditions, which if not corrected could lead to possible structural damage or defects to structures or dwellings built upon the land, then the director of public works may require a soils investigation on each lot or parcel in the proposed division. The report shall recommend corrective actions to be taken which are likely to prevent said defects or damage, and such recommendations shall be required to be implemented as conditions precedent to the issuance of building permits for dwellings or structures on the lots or parcels involved. When a soils report is required, it shall be completed and submitted to the public works director prior to the city council approval of the final tract map. The date of preparation of the report, the name of the responsible civil engineer, and the business or firm name with whom he is associated, shall be noted upon the final tract map or final parcel map.

(Ord. No. 582, § 2, 9-13-76)

All construction of improvements under this chapter shall be subject to inspection and testing by the director of public works, or his authorized representatives, to insure compliance with the standards and specifications specified and required by this chapter. All work and improvements must be found to conform to said standards and specifications as a condition of the city's acceptance of them and the release of any improvement securities held therefor. No construction shall commence or continue without first having arrangements made with the director of public works or his staff for inspection. The director of public works, and his authorized representatives, shall have the right to stop any work or refuse to inspect any work or reject any or all work and construction if it is found that the work is unauthorized, is unsafe in any way to the workmen or the public, is inferior in materials or workmanship, was performed without inspection, or does not meet or comply with the city standards, specifications, or city-approved construction plans. Reasonable access to the construction and work shall be provided at all times so that full knowledge of the progress, workmanship, and character of the materials used in the work can be gained.

(Ord. No. 582, § 2, 9-13-76)

All public or private improvement plans, profiles, descriptions, studies, calculations, notes, surveys and drawings required under the provisions of this chapter shall be provided at no expense to the City of Cypress and shall be prepared in accordance with this section and as required by the director of public works. Construction plans for street, alley, drainage, sewer and water improvements, and for any other improvements as required, shall be drawn on standard city tracing cloth or sheets, in India ink, and shall be filed with the director of public works for his checking and review prior to their approval. All maps, sketches, descriptions, estimates, plans and other drawings and items required to fulfill the requirements of this chapter shall also be provided in the form, content, number and detail as specified by the director of public works. The plans and profiles of all required and proposed public and private improvements in a subdivision shall be furnished to the director of public works and shall be ready for his approval before a final tract map of the subdivision is presented to the city council for approval. No construction work shall commence on any of the improvements shown on any construction or improvement plans required herein until said plans have been reviewed and approved and signed by the director of public works. After approval and signature by the director of public works, all original linens or tracings shall become the property of the City of Cypress, and may be released thereafter for reproduction or other purposes, only to bonded blueprinting or reproduction agencies, firms or individuals.

(Ord. No. 582, § 2, 9-13-76)

All public and private improvements constructed in the City of Cypress shall be built, provided, and worked on in a safe manner. Workmen, pedestrians, and vehicular traffic shall be protected as required by the applicable regulations and provisions of the state, federal and city laws. No person, firm, corporation, partnership, association, contractor or subcontractor shall conduct his work or operations in any way which presents a clear and present danger or hazard to life or property, or which unreasonably interferes with the rights of the citizens of the city or the public. Any such person, firm, etc., found to be in violation of this section, shall be guilty of a misdemeanor, and shall be cited in accordance with law.

(Ord. No. 582, § 2, 9-13-76)

Real property within the boundaries of a final subdivision tract map or parcel map shall be reserved for parks, recreational facilities, fire stations, libraries, or other public uses, subject to the following conditions:

(a) Standards for reservations. The requirement for a reservation of real property shall be based upon a duly adopted specific plan or an adopted general plan containing a community facilities element, open space element, a recreation and parks element, or a public building element, and the required reservations shall be in accordance with definite principles and standards contained therein. The reserved area shall be of such size and shape to permit the balance of the property within which the reservation is located to develop in an efficient and orderly manner, and the amount of land reserved shall not make development of the remaining land held by the subdivider or developer economically unfeasible. The reserved area shall conform to the adopted specific or general plan and shall be in such multiples of streets, lots and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period; in such an event, the subdivider or developer shall make those changes as are necessary to permit the reserved area to be developed for the intended purpose, consistent with good subdividing practices.

(b) Procedure. The city or other public agency for whose benefit an area has been reserved shall at the time of approval of the final tract map or parcel map enter into a binding agreement, in a form approved by the city attorney, to acquire such reserved area within two years after the completion and acceptance by the city of all improvements required as a condition of the approval of the map, or, if no improvements were required, within two years from the date of recordation of the tract map or parcel map, unless such periods of time are extended by mutual agreement.

The purchase price shall be the fair market value as determined by the city of the reserved land, determined at the time of the filing of the tentative tract map or parcel map, plus the taxes against the reserved area from the date of the reservation, and any other costs incurred by the subdivider or developer in the maintenance of the reserved area, including interest costs incurred on any loan covering such reserved area.

(c) Termination of reservation. If the city or other public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate.

(Ord. No. 582, § 2, 9-13-76)

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:

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

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 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.

(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 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)

(a) Agreements. The construction of all public improvements required as a condition of the approval of a subdivision map, a parcel map, or any other type of permit, or required as the condition of approval of a reversion to acreage, or lot consolidation or combination, shall be guaranteed by the execution of a suitable agreement, in a form prescribed herein and approved by the city attorney. All such agreements shall contain the terms and conditions to be met by the subdivider, developer or permittee, and shall specify a reasonable time in which to construct the improvements or perform the requirements and obligations of the agreement. The time allowed for the completion of the work shall be as specified by the director of public works and shall depend upon the amount and complexity of the work involved, the type of development, and any other factors he may deem important. All agreements shall be executed by the owner, developer or the subdivider of the property or land being divided or developed. The signatures shall be acknowledged before a notary public and the agreements shall be accompanied by evidence substantiating the signer's position, title and authority to bind the person, company, partnership, corporation, joint venture, or other entity to the actions and obligations contained in the agreement. Prior to the expiration of the time allowed by the agreement in which to perform or complete the obligations contained therein, the subdivider, owner or developer who executed the agreement may request, in writing, that the director of public works extend the term of the agreement. The written request shall contain the reasons for the requested additional time, the length of the additional time requested, and any other data deemed necessary or informative. The request shall be accompanied with written concurrence from the surety or bonding company whose bonds or securities were posted as a guarantee of the performance of the agreement, and a statement from the surety that they agree with and have no objection to the extension of time as requested by the agreement principal. Upon consideration of the written request, and the evidence presented, the request shall be acted upon and shall be either approved, rejected or modified. Additional requirements or compliance with updated standards may be imposed by the city council as a condition of approval of such time exten-sion.

(b) Improvement securities. Improvement securities shall be required to be posted as a guarantee of the performance of any act or obligation required as a condition of the approval of any final tract map, parcel map, reversion to acreage, lot consolidation or combination. Unless otherwise provided herein, all such improvement securities shall be one of the following:

(1) A cash deposit, made with the City of Cypress;

(2) A time certificate of deposit, or a savings passbook, made out to or assigned to the City of Cypress in a form approved by the city attorney and city treasurer;

(3) A bond or bonds from a duly authorized corporate surety.

(c) Improvement securities for land divisions. Improvement securities posted as a guarantee of the performance of an agreement or act made a condition of the approval of a land division or reversion requiring a parcel map or tract map, shall be in the following amounts for the following purposes:

(1) One hundred percent of the total estimated cost of all of the required public and private improvements within the land division or reversion conditioned upon the faithful performance of the agreement, act or contract; and

(2) One hundred percent of the total estimated cost of all the required public and private improvements within the land division or reversion securing payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment to them for the improvement or the performance of the required act;

(3) Provided, however, that where the improvement securities posted are in the form of cash, certificates of deposit, savings passbooks, or letters of credit, the amounts set forth hereinabove shall be reduced by 50% if the director of public works determines that said reduction will not substantially impair the ability of the city to cause the improvements to be constructed and the persons mentioned in subdivision (2) hereof to be paid, all at no expense to the city.

(d) Improvement securities for lot combinations, consolidations and other permits. Improvement securities posted as a guarantee of the performance of any agreement, act or contract made a condition of the approval or issuance of a lot combination or consolidation, or other permit, shall be in an amount equal to 100 percent of the total estimated cost of all of the required public and private improvements required. Surety bonds therefor shall be in the form as prescribed by the city attorney and the director of public works.

(e) Release and reduction of improvement securities. The securities posted in conformance with subsections (c) and (d) above, may be released in whole or in part, as specified in Government Code section 66499.7, upon receipt of a written request from the principal. The director of public works shall determine the validity of the request, and if all of the work has been satisfactorily completed, and all of the requirements imposed have been met, and all cash fees, charges and assessments have been paid in full, and all required departmental releases have been granted, then the improvement securities may be released in the manner specified by law and the improvements and work accepted by the filing of a written instrument with the city clerk, signed by the city official so designated and empowered to do so by the city council. If only a portion of the work has been completed, the director of public works may recommend the reduction of the face amount of the security held for faithful performance to an amount equal to the estimated total cost of the improvements remaining. Such reduction shall be approved upon the filing of a written instrument with the city clerk, signed by the city official so empowered to do so by the city council. No reduction in the amount of improvement securities held shall be authorized or approved for an amount less than 100% of the total estimated cost of the remaining improvements, and the total amount of securities held shall not be reduced to an amount less than 20% of the total securities, until final completion and acceptance of any or all of the improvements constructed at the time of the reduction. It shall only be construed as an acknowledgment of the completion of a portion of the required work.

(f) Additional amounts of security required. All improvement securities shall also secure the faithful performance of any changes or alterations in the work to the extent that the changes or alterations do not exceed 10% of the total estimated cost of the required improvements.

(g) Exceptions. Under special circumstances, as determined by the director of public works, the requirement for improvement securities required for the guarantee of an act, obligation or agreement made a condition of a building or use permit, public works permit, lot consolidation or combination, or other act or process not involving a subdivision tract map may be waived, provided a suitable agreement guaranteeing completion of the required act or obligation is executed. Such circumstances may include or be related to the size of the proposed building, structure or addition, its permit valuation, the estimated value or cost of the required improvements; the condition and makeup of the surrounding or adjacent areas, the likelihood of other improvements in the area, the status of other public improvements in the area, and the demonstrated financial responsibility of the developer or applicant involved.

(Ord. No. 582, § 2, 9-13-76; Ord. No. 630, § 1, 8-28-78; Ord. No. 717, §§ 21, 22, 11-28-83)