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2004-17 1 RESOLUTION NO. 04_ RESOLUTION BY THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA,APPROVING TENTATIVE TRACT MAP NO.04-02(TTM 16985)FOR A 55 UNIT CONDOMINIUM DEVELOPMENT IN THE CITY OF GRAND TERRACE WHEREAS,the applicant,NBD Development,has applied for the approval of Tentative Tract Map No.04-04(TTM 16985)to create a 55 unit condominium subdivision on a 4.8 acre parcel in the City of Grand Terrace; and, WHEREAS, a properly noticed public hearing was held by the Planning Commission on July 15, 2004; and - WHEREAS,under the California Environmental Quality Act(CEQA),Article 6,Section 15070,the proposed prof ect for 55 condominium units qualifies for a Negative Declaration in that there is no substantial evidence that the project will have a significant impact on the environment. The environmental assessment of this project was completed under Environmental Review Case No. 04-04; and WHEREAS, the Planning Commission recommended approval of Tentative Tract Map No. 04-02 (TTM 16985)to the City Council at its meeting of July 15,2004; and WHEREAS, a properly noticed public hearing was held by the City Council on August 26, 2004 regarding the approval of Tentative Tract Map-04-02(TTM 16985). NOW THEREFORE,THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY RESOLVE AS FOLLOWS: 1. The proposed subdivision, together with the provisions for its design and improvements is consistent with the General Plan in that the overall density and lot size conform to the General Plan and that all required improvements will be provided; and 2. The site is physically suitable for the type and proposed density of development in that the site is fairly level, is served by adequate public services and utilities and the project conforms to the provisions of the existing zoning; and 3. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially or avoidable injure fish or wildlife or their habitat in that this is an urban infill project with no wildlife habitats on the site; and 4. The design of the subdivision or type of improvements are not likely to cause serious public health problems in that all necessary public utilities and services will be provided; and 5. The proposed subdivision, its design, density and type of development and improvements conform to the regulations of the City's Development Code and the regulations of any public agency having jurisdiction by law in that the-proposed development conforms to the Medium Density Residential Category of the General Plan and the underlying R3 (Medium Density Residential)Zoning. BE IT FURTHER RESOLVED THAT Tentative Tract Map No. 04-02 (TMM 16985)is hereby approved subject to the following conditions: General Conditions of Approval: 1. Details shown on the tentative tract map are not necessarily approved. Any details which are inconsistent with requirements of ordinance,general conditions of approval,or City policies must be specifically approved in the final map or improvement plan approvals 2. Comply with all requirements of the Subdivision Map Act. 3. Approval for filing of this land division is contingent upon approval of plans and specifications mentioned below. If the improvements are not installed prior to the filing of this division, the developer must submit an Undertaking Agreement and a faithful performance and labor and materials bond in the amount estimated by the City guaranteeing the installation of the improvements. t Conditions Prior to Final Map Approval: 4. Upon approval of these conditions and prior to becoming final and binding, the applicant must agree to and sign the"Acceptance of Conditions"form. The content of the form to be prepared by the Community Development Department. 5. Provide a"will serve"letter from the Riverside Highland Water Company. 6. Monumentation of tract map boundaries, street centerline and lot boundaries is required 7. A final tract map prepared by,or under the direction of a registered civil engineer authorized to practice land surveying, or a licensed land surveyor,must be processed through the City prior to being filed with the County Recorder. 8. A preliminary subdivision guarantee is required showing all fee interest holders and encumbrances. An updated title report shall be provided before the final tract map is released for filing with the County Recorder. 9. Pay all required fees for the processing and approval of the final tract map. 10. Provide proof of final payment to San Bernardino County for sewer assessment 11. Submit to the City Council for acceptance;all agreements,bonds for performance,bonds for labor and material for the following: A. Grading B Sanitary sewer improvements L C. Storm drain improvements D. Water system improvements E. Street, curb, gutter&sidewalks F. Street lights 12. Provide a cash deposit in the amount of 10% of total estimated costs of items required by Condition No. 11 above. 13. Submit a preliminary soils report prepared by a California registered civil engineer. 14. Prior to the final map approval, developer shall make an offer of dedication, if not already dedicated,that portion of the site within 30 feet from the center line of Reed including the dedication for a corner cut-off at Reed and De Berry. 15. Prior to final map approval,plans for street improvements to include curb,gutter,sidewalk and match up paving on Reed and De Berry shall be submitted to the City and must be approved. 16. Prior to the final map approval,the developer shall submit sewer plans to the City for review and approval. All residential units within the proposed condominium subdivision shall be served by the public.sewer system. 17. Prior to final-inap approval, grading and drainage plans,which must be approved prior to the final map,shall be submitted to the City to provide for contributory drainage from adj oining properties as approved by the City,including dedication of necessary easements. 18. Prior to final map approval,plans and specifications for the water system facilities shall be submitted for approval to the Riverside Highland Water Company: The subdivider shall submit an agreement and other evidence, satisfactory to the City, indicating that the subdivider has entered into a contract a contract with the water purveyor guaranteeing payment and installation of the water improvements. 19. Prior to the final map approval,there shall also be filed with the City Engineer,a statement from the water purveyor indicating subdivider compliance with the Fire Chief s fire flow requirements. 20. The project shall be used only for residential uses. Conditions,Covenants,and Restrictions (C, C&R's) shall be recorded as part of this tract. As a minimum, these C, C &R's shall include the provisions for the establishment of a"Homeowner's Association." The C,C& R's shall be submitted to the Community Development Department and City Attorney for review and approval prior to recordation. 21. The Covenants,Conditions,and Restrictions(C,C&R's)applicable to the project property shall be consistent with the terms of this map and all City Codes. If there is a conflict between the CC&R's and any City Code or this map,the City Codes or this map shall prevail. Conditions After the Final Map Approval: 22. Final map shall be filed with the County recorder and one(1)Mylar copy of the filed map shall be submitted to the City offices prior to the issuance of any building permits. PASSED AND APPROVED by the City Council of the City of Grand Terrace,California at a regular meeting held on the 26th day of August,2004. ATTEST: City Clerk of the City of Grand jerrace and Mayor of the City,off'Gr d Terrace and of the City Council thereof of the City Council the eof Approved as to form: City Attorney U John Harper c:\MyFiles\JOHN\Vanburen\TTM-02-Olresolution.council.rev Resolution 2004-17 I,BRENDA STANFILL,CITY CLERK of the City of Grand Terrace,do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 26'day of August, 2004 by the following vote: AYES: Councilmembers Garcia and Cortes; Mayor Pro Tem Ferre and Mayor Hilkey NOES: None ABSENT: None ABSTAIN: Councilmember Larkin City Clerk