Cypress Municipal Code Art. II Division of Land by Tract Map

The purpose of this chapter is to regulate and control the following:

(a) The subdivision of land by tract map when said land is entirely or partially within the city by supplementing the provisions of the Subdivision Map Act.

(b) The form and content of all tract maps relating to the subdivision of land.

(c) The procedure to follow in securing city approval of such maps.

(Ord. No. 582, § 2, 9-13-76)

The requirement for a final tract map and other requirements pertaining thereto in this chapter shall apply to all subdivisions requiring a tentative and final map as provided in the Subdivision Map Act.

(Ord. No. 582, § 2, 9-13-76)

The planning director is charged with the duty of making investigations and reports on the design and improvement of proposed subdivisions; and is hereby authorized to recommend to the city council the approval, conditional approval, or disapproval of tentative maps prepared and filed in accordance with this chapter and in accordance with state law, and to report to the city council the action taken on said tentative maps.

(Ord. No. 582, § 2, 9-13-76; Ord. No. 717, § 4, 11-28-83)

(a) Preparation. A tentative tract map of a subdivision shall be prepared in accordance with state law and the provisions of this chapter.

(b) Conference with planning and public works departments' staffs prior to filing.

After noting the requirements of this chapter, it is desirable that the subdivider should confer with the staffs of the planning and the public works departments before preparing a tentative map.

(c) Filing of tentative map; filing date defined; distribution. Each proposed subdivision shall be submitted in map form, along with a written application, to the planning director. The application shall be in a form as specified by the director, and the tentative map should be submitted prior to the completion of final surveys, plan preparations, grading, or construction work which could be affected by any change in the tentative map. The subdivider or applicant shall ascertain from the planning department the number of copies of the tentative map to submit, and upon submittal, copies shall be forwarded to applicable city staff members, departments and commissions, to each city, local agency or district entitled by law to review and recommend thereon, and to any other group, body, agency or district deemed necessary by the planning director. For the purposes of this title, and pursuant to the provisions of the Subdivision Map Act, the date of filing of a tentative map for subdivision of land by either tract map or parcel map, shall be the date upon which the planning director, after having received the application and tentative map from the applicant, files a draft environmental impact report or statement, or a negative declaration, or makes the determination that such report, state-ment or declaration is not required for the subdivision of land submitted. When required, a copy of the draft environmental impact report shall be submitted at the time of submittal of the tentative tract map.

(d) Size of map. The size of such tentative map or maps shall be any dimension sufficient to clearly show the entire subdivision on one sheet, at a scale not less than 100 feet to the inch.

(e) Information on map. Each map shall contain the following information in addition to that required by the Subdivision Map Act:

(1) Tract number assigned by the county surveyor.

(2) Name and address of the owner or owners whose property is proposed to be subdivided, and the name and address of the registered civil engineer, licensed surveyor, architect or other person who prepared the map.

(3) North point, scale, and date of preparation of the tentative map.

(4) Boundary lines.

(5) The locations, width, approximate grade, center line radii, and proposed names of all streets within the boundaries of proposed subdivision, and the location and width of proposed alleys and/or public service easements.

(6) Name, location and width of each adjacent street.

(7) Lot number, lot lines and approximate dimension of each lot, and drainage direction of each lot.

(8) Approximate location and width of watercourses or areas subject to inundation from floods, and the location of structures, irrigation ditches, railroads and other permanent physical features.

(9) Description of the exterior boundaries of the subdivision or legal description of the property comprising the subdivisions.

(10) Width and location of all existing or proposed public or private easements.

(11) Classification of lots as to intended residential, commercial, industrial or other uses.

(12) Proposed location, direction of flow, and disposal point for storm drains and appurtenant structures.

(13) Proposed location, size, direction of flow, and disposal point for sanitary facilities.

(14) Contours, street profile and cross-sections, together with the location of all cut and fill slopes or a separate tentative grading plan, if necessary in the opinion of the director of public works.

(f) Supplemental information. The tentative map shall show thereon or be accompanied by reports and written statements from the subdivider giving essential information regarding the following matters:

(1) Source of water supply.

(2) Type of street improvement and utilities which the subdivider proposes to install.

(3) Protective covenants to be recorded.

(4) Such other information as may be deemed necessary by the public works director or planning director.

(g) Provision of notice of application for approval of tentative map to landowners within 300 feet. Whenever approval of a tentative map will constitute a substantial or significant deprivation of the property rights of owners of real property situated within 300 feet of the property which is the subject of the application for approval, the city planning department shall provide notice of the application to such surrounding landowners by mail, by posting on and off the subject property, by delivery to the owners by means other than mail, or by any other method reasonably calculated to provide actual notice to such surrounding landowners of the hearing to be held regarding approval of the application.

(h) Report by public works and planning departments. Prior to the consideration of a tentative subdivision map by the city council, the director of public works and the planning director shall make a report to the city council containing their recommendations or comments concerning the tentative map and its bearing on the community. Such reports shall be in writing, and a copy shall be served on the subdivider at least three days prior to any action on the map by the city council.

(i) Action by advisory agency. The advisory agency shall recommend approval, conditional approval, or disapproval of a tentative tract map of a subdivision and report thereon to the city council in writing within 50 days after such map has been filed. However, if an environmental impact report is prepared for the tentative map, the fifty-day period specified in this subsection shall not be applicable and the advisory agency shall render its report or decision required by this subsection within 45 days after certification of the environmental impact report.

(j) Action by city council. Upon receipt of the report from the director of public works and the planning director, the clerk of the city council shall set the matter before the city council at its next most convenient regularly scheduled meeting, which meeting shall be within 30 days after the clerk's receipt of the report. Should the matter be set for a meeting which is prior to the end of said 30 days, then the city council may continue the matter until another time, provided final action is taken within said 30 days. At the meeting the city council shall hear all of the evidence and shall act upon the advisory agency's report, and shall approve, conditionally approve, or disapprove the tentative tract map. The action of the council shall be recorded in the form of a resolution, and shall contain the facts and reasons for the approval, conditional approval, or denial of the tentative map. No tentative tract map shall be approved unless the council finds that the proposed subdivision, along with its design and improvement, is consistent with the general plan of the city and that none of the findings set forth in Government Code Sections 66474 and 66474.6 can be made. The city clerk shall report the council's action on the tentative map to the subdivider and to the planning director within 15 days following such action.

(k) Extension of tentative approval period. Upon written application filed with the planning director within the twenty-four-month period following approval or conditional approval of a tentative subdivision tract map by the city council, and prior to its expiration, extensions beyond the twenty-four-month period may be recommended for approval by the city council. The planning director's report shall be forwarded to the clerk of the city council for action by council. The clerk shall put the matter before the council at its next most convenient regularly scheduled meeting, which meeting shall be within 30 days after the clerk's receipt of the planning director's recommendation. The council shall thereupon act on the requested extension. The sum of all such extensions granted by the city council shall not exceed a total of 12 months. The clerk of the city council shall notify, in writing, the applicant or subdivider of the respective actions of the planning director and city council, within five days of the recommendation or decision made.

At the time any tentative tract map is extended or recommended for extensions, the planning director may recommend any new conditions the planning director sees fit as a condition of the extension, subject to the approval of the council, and the council may, at the time of its decision, add any new conditions deemed appropriate. If no final map for all or any of the land shown on the approved tentative tract map is recorded within the initial twenty-four-month approval period or within any subsequent extensions as above provided, then all proceedings shall terminate, and no final tract map shall be filed or recorded without first processing a new tentative tract map.

(Ord. No. 582, § 2, 9-13-76; Ord. No. 717, §§ 5—9, 11-28-83)

Final tract maps of subdivisions whose tentative maps have been approved, or conditionally approved by the city council, shall be submitted, reviewed and processed in conformance with this section.

(a) Time limit for filing. Within a period of 24 months after the date upon which the city council granted its approval or conditional approval of a tentative subdivision tract map, the subdivider may cause the subdivision, or any portion thereof, to be surveyed and a final map to be prepared, filed with the city, and recorded, as herein provided, in accordance with the tentative map as approved, unless an exten-sion of time has been granted in accordance with the provisions of section 25-10(k).

In the case of multiple final maps relating to an approved or conditionally approved tentative map, such maps may be filed with the city prior to the expiration of the tentative map if:

(1) The subdivider, at the time the tentative map is filed, informs the city in writing of the subdivider's intention to file multiple final maps on such tentative map; or

(2) After filing of the tentative map, the city and the subdivider consents in writing to the filing of multiple maps. In providing such notice, the subdivider shall not be required to define the number or configuration of the proposed multiple final maps.

(b) Filing of final map. For the purposes of filing a final tract map, the subdivider shall submit to the director of public works an original final map tracing, one duplicate tracing, and four blue-line prints thereof. One print shall be returned to the subdivider, showing any corrections to be made, or a state-ment by the director of public works that the map is correct. The remaining copies shall be used for other departmental purposes. When the final map is found to be correct, and the subdivider has posted all agreements and improvement securities as elsewhere provided in this chapter or as required by state law and city law, and when the balance of fees, as required by resolution or ordinance of the city council have been paid, and all other conditions precedent to the approval of the tentative map have been met, the final map tracing shall be certified by the director of public works as to its correctness, its substantial conformance to the approved tentative map, and the fact that all requirements imposed by the Subdivision Map Act and city laws in effect at the time of approval of the tentative map have been complied with. After such certification, the final map shall be put before the city council for final approval. The city council, within a period of 10 days after the director of public works has filed the map with them for approval, or at the next regular meeting held after its receipt, whichever is later, shall consider the final map. The council shall approve the final map if it finds that it substantially conforms to the tentative map and to all the applicable sections of the Subdivision Map Act, and local codes and ordinances in effect at the time the tentative map was approved or conditionally approved. If it does not so conform, the council shall disapprove the final map. If the city council does not approve or disapprove the final map within the prescribed time, or any authorized extension thereof, and the map conforms to said requirements, it shall be deemed approved, and the city clerk shall certify its approval thereon. If the final tract map is found not to conform to the above requirements, and its failure to conform is the result of a technical or inadvertent error, the city council may find that said error does not materially affect the validity of the map, and thereupon approve the final map.

At the time of final map approval, the city council shall accept all dedications, offers for dedications, accept them subject to their improvement, or reject them, or any combination thereof. The city clerk shall certify on the map the action of the council. The city council may accept such dedications by separate instrument. The council, at the time of final map approval, shall also approve the execution of any required performance agreements entered into by the subdivider as a guarantee of completion of any public improvements required as a condition precedent to the approval of the tentative map. Upon completion of the required certificates by the city clerk, the final map shall be transmitted to the county recorder for recordation. After recordation, the subdivider shall provide the public works department with one print thereof, on cloth or other material as approved by the director of public works, and one reproducible copy on tracing cloth or polyester base film, which shall both be permanently filed in the office of the director of public works.

(c) Required information on final map. The final map shall contain the following information in addition to that required by the Subdivision Map Act:

(1) If more than three sheets are used, an index showing the entire subdivision, with lots, streets, etc., shall be included on the title sheet, if there is room, or on the second sheet.

(2) The number of the tract, and a statement as to whether it is the first, successive or final increment of an approved tentative tract of a different number.

(3) Date of preparation, north point, and scale.

(4) A description of the land being subdivided.

(5) Location and names, without abbreviations, of all:

a. Proposed streets, highways, alleys and public service easements;

b. Proposed public areas and all other easements;

c. Adjoining and nearby streets, alleys and easements.

(6) Dimensions shall be in feet and decimals of a foot, to the closest hundredth.

(7) The dimensions of all lots.

(8) Each lot shall be numbered; each block may be lettered or numbered. Each lot shall be shown entirely on one sheet.

(9) Center line data on streets, easements, alleys, etc., including bearings, distances, and curve data.

(10) The exterior boundary of the land included in the subdivision shall be indicated by distinctive symbols, and be clearly so designated.

(d) Title sheet. The title sheet of the final map shall contain the number of the tract, the description of the land being subdivided, together with the words "In the City of Cypress" or "Partly Within the City of Cypress and Partly Within (unincorporated territory of Orange County or other city)." Below the title shall be a subtitle consisting of a general description of the property being subdivided or reverted to acreage. The title sheet shall contain appropriate certificates and acknowledgements for execution by the owners of record of the property, the director of public works, the city clerk, and county surveyor, and such others as required by state, county, or city laws. Where streets, highways, easements, and other interests in property are being dedicated to the city, or being offered for dedication, appropriate certificates shall clearly indicate same. A separate note explaining and describing the basis of bearings upon which the survey of the tract was made shall be shown on the title sheet, along with a legend showing the type and character of all monuments found, set, or to be set, which affect the survey of the subdivision. The date of preparation of a soils report as required by the Subdivision Map Act, along with the name and registration number of the responsible civil engineer who prepared it and the name of the soil engineering firm with whom he or she is associated, if any, shall also be noted on the title sheet. The title sheet shall show the name and state registration number of the civil engineer or land surveyor responsible for the survey and preparation of the map. A certificate, signed by the responsible engineer or surveyor, shall also be shown on the title sheet which shall indicate if the monuments shown have been set or when such monuments will be set.

(e) Record of easements. The final map shall show the center line data, width, sidelines, and curve data for all easements to which the lots in the subdivision are subject. All easements, both existing and of record, and those to be dedicated or to be offered for dedication, shall be clearly shown and identified with respect to their present or intended use, and if of record, proper reference to the record date given. Private easements may, but need not be, shown on the final map, so long as their presence does not confuse or detract from the purpose of the final map.

(f) Required survey data. The final map shall show the center lines and sidelines for all streets, highways and alleys, with their lengths and bearings; the length, radii, tangent lengths, and central angles, with radial bearings for all curves and segments; the total width of each street and easement, with the width of any portion being dedicated and that of any existing portion in relation to center line; and the widths of rights-of-way for railroads, freeways, flood control channels, and all other easements. Surveys made for the preparation of maps for land divisions shall be made in accordance with the Land Surveyors' Act, and the standard practices and principles of land surveying, under the supervision of a civil engineer or land surveyor licensed in the State of California. A traverse of the boundaries of the tract, or the lots or blocks therein, or along the center lines or sidelines of the streets and easements shown, shall close within the tolerances and to the degree of accuracy as required by the director of public works.

Monuments shall be established and survey data shall be shown in accordance with the following:

(1) New monuments. Sufficient permanent monuments shall be set so that the survey or any part thereof may be readily retraced. Such monuments shall generally be placed at the corners and angle points of the exterior boundary of the subdivision, at beginning and endings of curves, at center line intersections of streets, alleys, and public service easements, and at other points of control as required by the director of public works. Stakes shall be set at all lot corners. The character, type and positions of all monuments to be set shall be noted on the map, and shall conform to the requirements of the director of public works. All monuments set shall be tagged with the engineer's or surveyor's state license number and designation. Interior monuments and points need not be set at the time the final map is recorded if the engineer or surveyor certifies on the title sheet of the final map that the monuments will be set on or before a specified later date, and if the subdivider furnishes to the city council a cash bond and suitable agreement guaranteeing the setting of the monuments and payment for the cost thereof.

(2) Existing monuments and survey information. The final map shall clearly show all stakes, monuments, ties or other evidence found while making the survey to determine the tract boundaries. The corners of adjoining lots, subdivisions and parcels shall be shown and identified, with ties thereto. Reference shall also be made to all subdivisions, records of surveys, parcel maps, and other maps and data of record upon, adjoining or near the property being divided, combined or reverted to acreage. Other survey data and calculations, if required by the director of public works, shall be shown on the final map in accordance with his or her standards and policies.

(3) Established lines and points. Whenever the director of public works or county surveyor has established the center lines of streets, alleys or easements, or has located specific points or monuments, such data shall be considered in making the survey and all monuments and points found and used shall be indicated on the map with proper references made to field books, surveys, tie books, or other maps or information of public record. If the points were reset by ties, or if record points were not found, that fact shall be clearly noted and a note made of any new point set in its place. The final map shall also show and tie in the locations of any city boundaries crossing or adjoining the subdivision.

(4) Survey data for lots. Dimensions of lots shall be the net dimensions. Each lot shall be shown fully on a sheet. All lots containing three-quarters (3/4) of an acre or more, shall show net acreage, and when required by the director of public works, the gross acreage. Whenever acreages are shown for lots, blocks, or for the total tract area, they shall be shown to the nearest thousandth of an acre, and when required by the director of public works, in square feet, to the nearest hundredth of a square foot.

(Ord. No. 717, § 10, 11-28-83; Ord. No. 582, § 2, 9-13-76)

The size, dimensions, and configuration of lots or parcels created by any division of land shall conform with this section and the Cypress Zoning Ordinance, except that lots created through an urban lot split shall be subject to the requirements of Article XI of Chapter 25 where the requirements of Article XI conflict with this section.

(a) Lot numbers. The lots or parcels shall be numbered consecutively commencing with the number one, with no omissions or duplications. Block numbers or letters may be used, but are not preferred.

(b) Lot area. The minimum net lot area shall be that prescribed for the zone in which the property is located. Variations from the minimum lot area requirements may be approved by the planning commission or city council in accordance with the provisions of the zoning ordinance of the City of Cypress.

(c) Public street frontage. All lots created by the division of land, whether by tract or parcel map, shall have frontage or approved access to a dedicated public street or highway. In the case of condominiums or planned residential developments with lot areas owned in common, the street frontage requirement for individual lots may be satisfied by the individual lots' ownership in the common lot, if the common lot has frontage on the public street.

(d) Lot width. The width of lots shall conform to standards of development as defined by the city zoning ordinance and other ordinances or official plans adopted pursuant to law. Corner lots shall have a minimum width of 65 feet measured the same as interior lots. Variations from the minimum lot width requirements may be approved by the planning commission or city council in accordance with the provisions of the zoning ordinance of the City of Cypress. The minimum widths of odd-shaped lots which result from extreme topography, previous irregular boundaries, or other unavoidable circumstances shall be subject to individual determination and approval by the planning commission at the time of approval of the tentative map in accordance with requirements of the Cypress Zoning Ordinance.

The above provisions governing minimum lot widths shall not apply to residential or common lots within a planned residential (PRD) zone. Lot sizes and widths therein shall conform to the standards as set forth in the zoning ordinance or the approved concept plan or site plan for the particular development, whichever applies.

Small, odd-shaped lots or parcels resulting from the separation of land by streets or easements, or lots burdened by easements, utilities, or other facilities to a degree which minimizes their value or use for other purposes, or parcels subject to flooding, portions of railroad rights-of-way, or other lots or parcels which because of their size, shape, topography, use, or location are unable to be built upon or developed, shall, upon the determination of the director of public works and planning director may be exempted from the above requirements as to lot widths and areas in accordance with the provisions of the zoning ordinance of the City of Cypress.

(e) City boundary. No lots shall be divided by the boundary line of the City of Cypress.

(f) Sidelines. The sidelines of lots shall be approximately at right angles to the street lines on straight streets, and shall approximately radial on curved streets.

(Ord. No. 582, § 2, 9-13-76; Ord. No. 1198, § 2, 9-26-22)

Fees for the filing of tentative and final tract maps shall be as determined by resolution of the city council.

(Ord. No. 582, § 2, 9-13-76)