Cypress Municipal Code Art. VI Park and Recreational Facilities

Every subdivider who subdivides land shall dedicate a portion of such land, pay a fee, or do both as set forth in this article for the purpose of providing park and recreational facilities, including recreational community gardening facilities, to help serve the future residents of such subdivision.

(Ord. No. 582, § 2, 9-13-76; Ord. No. 717, § 23, 11-28-83; Ord. No. 874, § 1, 9-23-91)

The provisions of this article shall apply to all subdivisions, as that phrase is defined in the Subdivision Map Act, except subdivisions for which tentative subdivision maps have been filed within 30 days after the effective date of the ordinance codified in this article. The provisions of this section do not apply to commercial or industrial subdivisions; nor do they apply to condominium projects or stock cooperatives which consist of the subdivision of air space in an existing apartment building which is more than five years old when no new dwelling units are added.

(Ord. No. 582, § 2, 9-13-76; Ord. No. 717, § 24, 11-28-83; Ord. No. 874, § 1, 9-23-91)

It is found and determined:

(a) That the public interest, convenience, health, welfare and safety require that four and one-half (4.5) acres of property for each 1,000 persons residing within this city be available for park and recreational purposes;

(b) That said requirement will be satisfied in part by a cooperative arrangement between the city and the local school districts and local park and recreation districts to make available one and one-half (1.5) acres of property for each 1,000 persons residing within the city for park and recreational purposes; and

(c) The remainder of the required four and one-half (4.5) acres shall be supplied by the requirements of this article and the recreation program of the city.

(Ord. No. 582, § 2, 9-13-76; Ord. No. 717, § 25, 11-28-83; Ord. No. 769, § 1, 12-8-86; Ord. No. 874, § 1, 9-23-91)

Population density per household for purposes of this article shall be as determined by the most recent available federal census or a census taken pursuant to Chapter 17, commencing with Government Code section 46200.

(Ord. No. 582, § 2, 9-13-76; Ord. No. 769, § 2, 12-8-86; Ord. No. 874, § 1, 9-23-91)

The amount of land required to be dedicated by a subdivider pursuant to this article shall be based on the gross area included in the subdivision, determined by the following calculation:

(a) The number of persons residing within a proposed residential subdivision shall be determined by multiplying the number of dwelling units by the population density.

(b) The number of persons residing within a proposed residential subdivision shall be multiplied by the parkland standard, 130.68 square feet, to determine the required area of land to be dedicated.

(Ord. No. 582, § 2, 9-13-76; Ord. No. 769, § 3, 12-8-86; Ord. No. 874, § 1, 9-23-91)

The calculation of the in lieu fee shall conform to the provisions of the California Government Code, currently at section 66477, as it exists or as it may be amended.

Based upon the provisions of California Government Code at section 66477, the in lieu fees are established as follows:

These fees shall be applicable to new residential construction that qualify as a dwelling unit as defined by section 6.31.020(D) of the Cypress Zoning Ordinance and section 205(D) of the 2001 California Building Code as they currently exist or may be amended on properties that may or may not be subdivided under the provisions of the Subdivision Map Act, will be sold individually or in conjunction with others, involves a transfer in title and/or registered property tax payer. They do not apply to room additions, upgrades involving existing units without the creation of new units or which do not create a new assessor parcel number or property tax certificate.

These fees shall be reviewed annually in conjunction with Planning and Building fees.

(Ord. No. 582, § 2, 9-13-76; Ord. No. 769, § 4, 12-8-86; Ord. No. 874, § 1, 9-23-91; Ord. No. 1078, §§ 1, 2, 7-10-06; Ord. No. 1087, §§ 1, 2, 1-22-07; Ord. No. 1088, §§ 1, 2, 3-26-07; Ord. No. 1170, § 1, 11-27-17)

(a) Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, the city council, in its discretion, may credit such areas against the requirement of dedication for park and recreation purposes, as set forth in section 25-45 hereof, or the payment of fees in lieu thereof, as set forth in section 25-46 hereof, to a percentage of the required dedication or payment of fees. The percentage of such credit shall be determined at the discretion of the city council, but shall be at least 1% but not to exceed 50% of the required dedication or payment of fees.

(b) In order to be eligible for the credit described in subsection (a), the city council, in its discretion, must find that it is in the public interest to do so, regardless of the number of parcels in the development, and that all of the following standards are met:

(1) That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building regulations shall not be included in the computation of such private open space; and

(2) That the private ownership and maintenance of the open space is adequately provided for by written agreement; and

(3) That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of future owners of property within the tract and which cannot be defeated or eliminated without the consent of the city council; and

(4) That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location of the private open space land excluding enclosed structures (such as club houses), pools, or other similar facilities; and

(5) That facilities proposed for the open space are consistent with the provisions of the recreational element of the general plan, and are approved by the design review committee.

(Ord. No. 582, § 2, 9-13-76; Ord. No. 769, § 5, 12-8-86; Ord. No. 874, § 1, 9-23-91; Ord. No. 1170, § 2, 11-27-17)

(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 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)

At the time the final tract map is approved, the city council shall designate the time when development of park and recreational facilities shall be commenced. Unless otherwise specified, the city shall begin development of park and recreational facilities within five years from the time of final inspection and acceptance of tract improvements by the city council.

(Ord. No. 582, § 2, 9-13-76; Ord. No. 874, § 1, 9-23-91)

The land and/or fees received under this article shall be used for the purpose of providing park and recreational facilities to help serve the inhabitants of the subdivision from which received, and the park and recreational facilities so developed shall bear a reasonable relationship to the needs therefor generated by the future inhabitants of the subdivision.

(Ord. No. 582, § 2, 9-13-76; Ord. No. 874, § 1, 9-23-91)