253 ORDINANCE NO. 253
AN ORDINACE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
REPEALING CHAPTER 17.04 (SCHOOL FACILITIES DEDICATION
AND FEE) OF TITLE 17 AND ESTABLISHING THE SUBDIVISION
ORDINANCE OF THE CITY OF GRAND TERRACE CONSISTING OF
TITLE 17, CHAPTER 17.04 THROUGH CHAPTER 17.64
WHEREAS, the Subdivision Ordinance is intended to supplement and implement
the California Subdivision Map Act, California Government Code Section 66410 et seq.
WHEREAS, the purpose of the Subdivision Ordinance is to provide the City with
legal authority for the review of the design and improvement of subdivisions and the
processing of any proposed subdivision, reconfiguration and/or consolidation of land
within the City of Grand Terrace to the extent authorized by the California Subdivision
Map Act.
WHEREAS, the Project is not subject to the California Environmental Quality Act
(CEQA) pursuant to Section 15060(c)(2) which states that activities that will not result in
a direct or reasonably foreseeable indirect physical change in the environment is not
subject to CEQA because the proposed Ordinance does not result in any direct or
reasonably foreseeable impact to the environment.
WHEREAS, on August 5, 2010 and September 2, 2010, the Planning
Commission of the City of Grand Terrace conducted public workshops on the proposed
Subdivision Ordinance at the Grand Terrace Council Chambers located 22795 Barton
Road and directed staff to forward the Subdivision Ordinance to the City Council.
WHEREAS, on September 28, 2010, the City Council of the City of Grand
Terrace conducted a duly noticed public hearing on the proposed Subdivision
Ordinance Grand Terrace Council Chambers located 22795 Barton Road and
concluded the hearing on that date
WHEREAS, all legal prerequisites to the adoption of this Ordinance have
occurred.
NOW THEREFORE, it is hereby found, determined, and resolved by the City Council of
the City of Grand Terrace, as follows
SECTION 1. The proposed Subdivision Ordinance is not subject Project is not
subject to environmental review pursuant to Section 15060(c)(2) of CEQA.
SECTION 2. Chapter 17.04 School Facilities and Dedication Fee of Title 17 is
hereby repealed in its entirety.
RDS OF SAID COUNTY; THENCE NORTH 89° 35' 21" EAST
162.78 FEET ALONG SAID NORTHERLY RIGHT OF WAY TO THE SOUTH EAST
_ CORNER OF SAID INSTRUMENT NO. 2004-0728917; THENCE NORTH 00° 29' 04" WEST
487.56 FEET ALONG THE EAST LINE OF SAID LAND TO THE TRUE POINT OF
BEGINNING.
TS Development Agreement -30- December 14,2010
tute
valid service upon DEVELOPER. DEVELOPER is amenable to the process so served,
submits to the jurisdiction of the Court so obtained and waives any and all objections and
protests thereto. DEVELOPER for itself, assigns and successors hereby waives the provisions
of the Hague Convention(Convention on the Service Abroad of Judicial and Extra Judicial
Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
9.20 Authority to Execute. The person or persons executing this Agreement on
behalf of DEVELOPER warrants and represents that he or she/they have the authority to
execute this Agreement on behalf of his or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
SECTION 3. The City of Grand Terrace Subdivision Ordinance made up of
Title 17 in its entirety is hereby adopted, as described in Exhibit 1 attached hereto.
SECTION 4. The City Council declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase, or portion of it
irrespective of the fact that any one or more sections, subsections, sentences, clauses,
phrases or portions of it be declared invalid or unconstitutional. If for any reason any
portion of this ordinance is declared invalid or unconstitutional, then all other provisions
shall remain valid and enforceable.
SECTION 5. This ordinance shall take effect thirty days from the date of
adoption.
SECTION 6. First read at a regular meeting of the City Council held on the 28th
day of September, 2010 and finally adopted and ordered posted at a regular meeting of
said City Council on the 12th day of October, 2010.
ATTEST:
/
City Clerk of the City of Grand Terrace Mayor the City of Grand Terrace
and of the City Council thereof. and o he City Council thereof.
I, Brenda Mesa, City Clerk of the City of Grand Terrace, do hereby certify that the
foregoing Ordinance was introduced and adopted at a regular meeting of the City
Council of the City of Grand Terrace held on the 12th day of October, 2010, by the
following vote:
AYES: Councilmembers Cortes and Stanckiewitz; Mayor Pro Tem Garcia and
Mayor Ferre .
NOES: None
ABSENT: None
ABSTAIN: None
Brenda Mesa, City Clerk
Approved as to form:
John Harper, ity Attorney
Page 2 of 2
rrace conducted a duly noticed public hearing on the proposed Subdivision
Ordinance Grand Terrace Council Chambers located 22795 Barton Road and
concluded the hearing on that date
WHEREAS, all legal prerequisites to the adoption of this Ordinance have
occurred.
NOW THEREFORE, it is hereby found, determined, and resolved by the City Council of
the City of Grand Terrace, as follows
SECTION 1. The proposed Subdivision Ordinance is not subject Project is not
subject to environmental review pursuant to Section 15060(c)(2) of CEQA.
SECTION 2. Chapter 17.04 School Facilities and Dedication Fee of Title 17 is
hereby repealed in its entirety.
RDS OF SAID COUNTY; THENCE NORTH 89° 35' 21" EAST
162.78 FEET ALONG SAID NORTHERLY RIGHT OF WAY TO THE SOUTH EAST
_ CORNER OF SAID INSTRUMENT NO. 2004-0728917; THENCE NORTH 00° 29' 04" WEST
487.56 FEET ALONG THE EAST LINE OF SAID LAND TO THE TRUE POINT OF
BEGINNING.
TS Development Agreement -30- December 14,2010
tute
valid service upon DEVELOPER. DEVELOPER is amenable to the process so served,
submits to the jurisdiction of the Court so obtained and waives any and all objections and
protests thereto. DEVELOPER for itself, assigns and successors hereby waives the provisions
of the Hague Convention(Convention on the Service Abroad of Judicial and Extra Judicial
Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
9.20 Authority to Execute. The person or persons executing this Agreement on
behalf of DEVELOPER warrants and represents that he or she/they have the authority to
execute this Agreement on behalf of his or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
TITLE 17
SUBDIVISIONS
Chapter 17.04 General Provisions 1
17.04.010 Authority 1
17.04.020 Purpose 1
17.04.030 Scope and applicability 1
17.04.040 Exceptions 2
17.04.050 Review and approval authority of advisory agencies 2
17.04.060 Conformance to General Plan, specific plans, and zoning regulations 3
17.04.070 Indemnification 4
17.04.080 Severability 5
17.04.090-Lease projects, condominiums and community apartment projects 5
17.04.100 Public hearing notice 5
17.04.110 Fees and deposits 5
17.04.120 Violation; penalty 5
Chapter 17.08 Definitions 5
17.08.010 Incorporated definitions 6
17.08.020 Definitions 6
Chapter 17.12 Map Requirements 9
17.12.010 Subdivisions of four (4) or less lots 10
17.12.020 Subdivisions of five (5) or more lots 10
17.12.030 Waiver of parcel maps by the City Engineer 10
17.12.040 Exceptions 10
17.12.040 Exclusions 11
Chapter 17.16 Tentative Maps 11
17.16.010 General 11
17.16.020 Preliminary maps 11
17.16.030 Compliance with General Plan and Zoning 11
17.16.040 Filing application 12
17.16.050 Determination of application completeness 12
17.16.060 Tentative map review and distribution procedures 12
17.16.070 Map numbers 13
17.16.080 Information to be contained on tentative maps 13
17.16.090 Documentation to be submitted with tentative maps 17
17.16.100 Referrals 19
17.16.110 Staff reports and recommendations for tentative maps 19
17.16.120 Time frames for action on tentative maps 19
17.16.130 Findings for approval of tentative maps 20
17.16.140 Effective date of map approval 20
17.16.150 Appeals 20
17.16.160 Expiration of tentative maps 21
17.16.170 Extensions of time for tentative maps 22
October 12, 2010
Page 1 of 4
15060(c)(2) of CEQA.
SECTION 2. Chapter 17.04 School Facilities and Dedication Fee of Title 17 is
hereby repealed in its entirety.
RDS OF SAID COUNTY; THENCE NORTH 89° 35' 21" EAST
162.78 FEET ALONG SAID NORTHERLY RIGHT OF WAY TO THE SOUTH EAST
_ CORNER OF SAID INSTRUMENT NO. 2004-0728917; THENCE NORTH 00° 29' 04" WEST
487.56 FEET ALONG THE EAST LINE OF SAID LAND TO THE TRUE POINT OF
BEGINNING.
TS Development Agreement -30- December 14,2010
tute
valid service upon DEVELOPER. DEVELOPER is amenable to the process so served,
submits to the jurisdiction of the Court so obtained and waives any and all objections and
protests thereto. DEVELOPER for itself, assigns and successors hereby waives the provisions
of the Hague Convention(Convention on the Service Abroad of Judicial and Extra Judicial
Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
9.20 Authority to Execute. The person or persons executing this Agreement on
behalf of DEVELOPER warrants and represents that he or she/they have the authority to
execute this Agreement on behalf of his or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
17.16.180 Modifications of tentative maps 22
17.16.190 Withdrawal of tentative map 23
Chapter 17.20 Vesting Tentative Maps 23
17.20.010 Purpose 24
17.20.020 Applicability 24
17.20.030 Filing and processing of tentative maps 24
17.20.040 Application materials 24
17.20.050 Development rights 25
17.20.060 Mandatory findings for approval 26
17.20.070 Effective date of map approval 26
17.20.080 Expiration of a vesting tentative map 26
17.20.090 Term of vesting tentative map 26
17.20.100 Modifications to vesting tentative maps 27
17.20.110 Expiration of vested rights 28
Chapter 17.24 Common Interest Development Conversions 28
17.24.010 Applicability 28
17.24.020 Development review required 29
17.24.030 Physical standards for condominium conversions 31
17.24.040 Tenant provisions 34
17.24.050 Notice to new tenants 35
17.24.060 Findings 35
Chapter 17.28 Final Maps and Parcel Maps 36
17.28.010 General 37
17.28.020 Submittal to and review by the City Engineer 37
17.28.030 Complete and timely final map filing with the City Engineer 37
17.28.040 Final map approval by the City Council 38
17.28.050 Limitation on map denial by the City Council 39
17.28.060 Filing with the Office of the County Recorder 39
17.28.070 Waiver of parcel maps by the City Engineer 39
17.28.080 Information to be contained on parcel maps and final maps 39
17.28.090 Map preparation form and content 40
17.28.100 Documentation to be submitted with parcel maps and final maps 42
17.28.110 Soils and geologic reports 44
17.28.120 Bearings 44
17.28.130 Orientation 44
17.28.140.Standard practices 44
17.28.150 Limit of error 45
17.28.160 Parcel map preparation 45
17.28.170 Parcel map and final map dedications 45
17.28.180 Acceptance or rejection of offers of dedication 45
17.28.190 Submission for certification 45
17.28.200 Approval by the City Engineer 46
17.28.210 Approval by the City Council 46
October 12, 2010
Page 2 of 4
2.78 FEET ALONG SAID NORTHERLY RIGHT OF WAY TO THE SOUTH EAST
_ CORNER OF SAID INSTRUMENT NO. 2004-0728917; THENCE NORTH 00° 29' 04" WEST
487.56 FEET ALONG THE EAST LINE OF SAID LAND TO THE TRUE POINT OF
BEGINNING.
TS Development Agreement -30- December 14,2010
tute
valid service upon DEVELOPER. DEVELOPER is amenable to the process so served,
submits to the jurisdiction of the Court so obtained and waives any and all objections and
protests thereto. DEVELOPER for itself, assigns and successors hereby waives the provisions
of the Hague Convention(Convention on the Service Abroad of Judicial and Extra Judicial
Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
9.20 Authority to Execute. The person or persons executing this Agreement on
behalf of DEVELOPER warrants and represents that he or she/they have the authority to
execute this Agreement on behalf of his or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
17.28.220 Filing with the County Recorder 46
17.28.230 Multiple final maps 46
17.28.240 Composite Development Plan 47
Chapter 17.32 Lot Line Adjustments 48
17.32.010 Purpose and intent 48
17.32.020 Applicability 48
17.32.030 Filing of lot line adjustments 48
17.32.040 Evaluation criteria 48
17.32.050 Processing procedures 49
17.32.060 Conditions of approval 50
17.32.070 Expiration of lot line adjustments 50
17.32.080 Appeals 50
Chapter 17.36 Merger of Contiguous Parcels 50
17.36.010 Purpose 50
17.36.020 When parcels may be merged 50
17.36.030 City initiated merger 51
17.36.040 Property owner requested merger 53
17.36.050 Effective date of merger 54
17.36.060 Expiration of mergers 54
17.36.070 Appeals 54
Chapter 17.40 Reversion to Acreage 54
17.40.010 Reversion requirements 54
17.40.020,Initiation of proceedings by owners 54
17.40.030 Initiation of proceedings by the City Council 54
17.40.040 Data for reversion to acreage 55
17.40.050 Proceedings before the City Council 55
17.40.060 Required findings 55
17.40.070 Re-filing of parcel maps 55
17.40.080 Return of fees and deposits, and release of securities 56
17.40.090 Merger and re-subdividing without reversion 56
Chapter 17.44 Certificate of Compliance 56
17.44.010 Purpose 56
17.44.020 Applicability 56
17.44.030 Filing procedures. 57
17.44.040 Review and processing procedures 57
17.44.050 Underground utilities 57
17.44.060 Drainage easements 58
17.44.070 Utilities 58
Chapter 17.48 Correction and Amendment of Map 58
17.48.010 Amendments permissible with certificate of correction or
amending map 58
October 12, 2010
Page 3 of 4
17.28.180 Acceptance or rejection of offers of dedication 45
17.28.190 Submission for certification 45
17.28.200 Approval by the City Engineer 46
17.28.210 Approval by the City Council 46
October 12, 2010
Page 2 of 4
2.78 FEET ALONG SAID NORTHERLY RIGHT OF WAY TO THE SOUTH EAST
_ CORNER OF SAID INSTRUMENT NO. 2004-0728917; THENCE NORTH 00° 29' 04" WEST
487.56 FEET ALONG THE EAST LINE OF SAID LAND TO THE TRUE POINT OF
BEGINNING.
TS Development Agreement -30- December 14,2010
tute
valid service upon DEVELOPER. DEVELOPER is amenable to the process so served,
submits to the jurisdiction of the Court so obtained and waives any and all objections and
protests thereto. DEVELOPER for itself, assigns and successors hereby waives the provisions
of the Hague Convention(Convention on the Service Abroad of Judicial and Extra Judicial
Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
9.20 Authority to Execute. The person or persons executing this Agreement on
behalf of DEVELOPER warrants and represents that he or she/they have the authority to
execute this Agreement on behalf of his or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
17.48.020 Submittal and approval of amending map by City Engineer 58
17.48.030 Certificate of Correction 58
17.48.040 Form and content of amendment 59
17.48.050 Submittal and approval of Certificate of Correction by the City Engineer
59
17.48.060 Filing with the County Recorder 59
Chapter 17.52 Subdivision Design 59
17.52.010 Design and improvement requirements 60
17.52.020 Lot requirements 60
17.52.030 Flag lots 60
17.52.040 Street rights-of-way 61
17.52.050 Waiver of direct access rights 61
17.52.060 Dedications 61
17.52.070 Street design 61
17.52.080 Utilities 63
17.52.090 Underground utilities 63
17.52.100 Utility easements 64
17.52.110 Storm drainage 64
17.52.120 Energy conservation 64
Chapter 17.56 Improvements 64
17.56.010 General 64
17.56.020 Improvements required 65
17.56.030 Supplemental improvement capacity 65
17.56.040 Deferred improvements 66
17.56.050 Design of improvement plans and standards 66
17.56.060 Subdivision improvement agreements and improvement security 68
17.56.070 Completion of improvements 70
17.56.080 Dedications 71
Chapter 17.60 Monuments - 71
17.60.010 Parcel map and final map monuments 72
17.60.020 Monument construction 72
17.60.030 Monument tie sheet 72
17.60.040 Monument bond 72
Chapter 17.64 Enforcement 73
17.64.010 Purpose 73
17.64.020 Prohibition 73
17.64.030 Remedies 73
October 12, 2010
Page 4 of 4
58
17.44.070 Utilities 58
Chapter 17.48 Correction and Amendment of Map 58
17.48.010 Amendments permissible with certificate of correction or
amending map 58
October 12, 2010
Page 3 of 4
17.28.180 Acceptance or rejection of offers of dedication 45
17.28.190 Submission for certification 45
17.28.200 Approval by the City Engineer 46
17.28.210 Approval by the City Council 46
October 12, 2010
Page 2 of 4
2.78 FEET ALONG SAID NORTHERLY RIGHT OF WAY TO THE SOUTH EAST
_ CORNER OF SAID INSTRUMENT NO. 2004-0728917; THENCE NORTH 00° 29' 04" WEST
487.56 FEET ALONG THE EAST LINE OF SAID LAND TO THE TRUE POINT OF
BEGINNING.
TS Development Agreement -30- December 14,2010
tute
valid service upon DEVELOPER. DEVELOPER is amenable to the process so served,
submits to the jurisdiction of the Court so obtained and waives any and all objections and
protests thereto. DEVELOPER for itself, assigns and successors hereby waives the provisions
of the Hague Convention(Convention on the Service Abroad of Judicial and Extra Judicial
Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
9.20 Authority to Execute. The person or persons executing this Agreement on
behalf of DEVELOPER warrants and represents that he or she/they have the authority to
execute this Agreement on behalf of his or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
TITLE 17
SUBDIVISIONS
CHAPTER 17.04 GENERAL PROVISIONS
Sections:
17.04.010 Authority
17.04.020 Purpose
17.04.030 Scope and Applicability
17.04.040 Exceptions
17.04.050 Review and approval authority of advisory agencies
17.04.060 Conformance to general plan, specific plans, and zoning
regulations
17.04.070 Indemnifications
17.04.080 Severability
17.04.090 Lease projects, condominiums and community apartment projects
17.04.100 Public hearing notice
17.04.110 Fees and deposits
17.04.120 Violation; penalty
Section 17.04.010 Authority
This title is adopted pursuant to Chapter XI, Section 7 of the California Constitution to
supplement and implement the California Subdivision Map Act, California Government
Code Section 66410 et seq. and may be cited as the Subdivision Ordinance of the City
of Grand Terrace.
Section 17.04.020 Purpose
The purpose of this title is to provide the City with legal authority for the review of the
design and improvement of subdivisions and the processing of any proposed
subdivision, reconfiguration and/or consolidation of land within the City of Grand
Terrace to the extent authorized by the California Subdivision Map Act.
Section 17.04.030 Scope and applicability
Except as specifically excluded by the Subdivision Map Act, or this title the provisions of
this title shall apply to any division of real property wholly or partially within the
incorporated area of the City, and shall govern the filing, processing, approval,
conditional approval or disapproval of tentative tract maps, final maps, tentative parcel
maps, and parcel maps and any modifications thereof. Except as otherwise provided in
this title and in the Subdivision Map Act, all subdivisions shall be subject to the same
substantive and procedural requirements. Subdivisions and incorporated territory
adjacent to the City shall be subject to these provisions to the extent permitted and as
provided by California Government Code Section 66454.
October 12, 2010
Page 1 of 74
tion of offers of dedication 45
17.28.190 Submission for certification 45
17.28.200 Approval by the City Engineer 46
17.28.210 Approval by the City Council 46
October 12, 2010
Page 2 of 4
2.78 FEET ALONG SAID NORTHERLY RIGHT OF WAY TO THE SOUTH EAST
_ CORNER OF SAID INSTRUMENT NO. 2004-0728917; THENCE NORTH 00° 29' 04" WEST
487.56 FEET ALONG THE EAST LINE OF SAID LAND TO THE TRUE POINT OF
BEGINNING.
TS Development Agreement -30- December 14,2010
tute
valid service upon DEVELOPER. DEVELOPER is amenable to the process so served,
submits to the jurisdiction of the Court so obtained and waives any and all objections and
protests thereto. DEVELOPER for itself, assigns and successors hereby waives the provisions
of the Hague Convention(Convention on the Service Abroad of Judicial and Extra Judicial
Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
9.20 Authority to Execute. The person or persons executing this Agreement on
behalf of DEVELOPER warrants and represents that he or she/they have the authority to
execute this Agreement on behalf of his or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
Section 17.04.040 Exceptions
This title shall not apply to:
A. The financing or leasing of apartments, offices, stores or similar space within
apartment buildings, industrial buildings, commercial buildings, mobile home
parks or trailer parks;
B. Mineral, oil or gas leases;
C. Land dedicated to cemetery purposes under the California Health and Safety
Code;
D. Lot line adjustments between four or fewer adjacent parcels, where the land
taken from one parcel is added to an adjacent parcel, and where no new parcels
are created, provided that subject to the provisions of Section 66412(d) of the
Subdivision Map Act, the lot line adjustment is approved pursuant to Chapter
17.32 of this title.
E. Any separate assessment under California Revenue & Taxation Code Section
2188.7;
F. The financing or leasing of any parcel of land, or any portion thereof, in
conjunction with the construction of commercial or industrial buildings on a single
parcel, unless the project is not subject to review under other City ordinances
regulating design and improvement;
G. The financing or leasing of existing separate commercial or industrial buildings
on a single parcel;
H. The construction, financing or leasing of dwelling units pursuant to California
Government Code Section 65852.1 or second units pursuant to California
Government Code Section 65852.2; but this title shall apply to the sale or
transfer, but not the leasing of those units;
Leasing of agricultural land for agricultural purposes, meaning the cultivation of
food or fiber, or the grazing or pasturing of livestock;
J. Any other mandatory exceptions to the applicability of the Subdivision Map Act,
as provided in the Subdivision Map Act.
Section 17.04.050 Review, approval and appeal body
A. The authority for review, recommendations and approval of subdivisions and
related land actions is as follows:
October 12, 2010
Page 2 of 74
provided by California Government Code Section 66454.
October 12, 2010
Page 1 of 74
tion of offers of dedication 45
17.28.190 Submission for certification 45
17.28.200 Approval by the City Engineer 46
17.28.210 Approval by the City Council 46
October 12, 2010
Page 2 of 4
2.78 FEET ALONG SAID NORTHERLY RIGHT OF WAY TO THE SOUTH EAST
_ CORNER OF SAID INSTRUMENT NO. 2004-0728917; THENCE NORTH 00° 29' 04" WEST
487.56 FEET ALONG THE EAST LINE OF SAID LAND TO THE TRUE POINT OF
BEGINNING.
TS Development Agreement -30- December 14,2010
tute
valid service upon DEVELOPER. DEVELOPER is amenable to the process so served,
submits to the jurisdiction of the Court so obtained and waives any and all objections and
protests thereto. DEVELOPER for itself, assigns and successors hereby waives the provisions
of the Hague Convention(Convention on the Service Abroad of Judicial and Extra Judicial
Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
9.20 Authority to Execute. The person or persons executing this Agreement on
behalf of DEVELOPER warrants and represents that he or she/they have the authority to
execute this Agreement on behalf of his or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
•
•
Table 17.04.050 Review, approval and appeal body
TYPE OF REVIEW APPROVAL APPEAL
ACTION BODY BODY BODY
Tentative maps Planning City Council N/A
Commission
Vesting tentative Planning City Council N/A
maps Commission
Tentative parcel Planning City Council N/A
maps Commission
Tentative map City staff& other Planning
extensions responsible agencies Director Commission
Parcel maps (4 or City staff& other City Council N/A
less lots) responsible agencies
Final maps (5 or City staff& other City Council N/A
more lots responsible agencies
Waivers of parcel City staff& other City Engineer Planning
maps responsible agencies Commission
Reversion to Planning. City Council N/A
acreage Commission
Lot and parcel City staff& other Planning
mergers responsible agencies Director Commission
Lot line City staff& other Director Planning
adjustments responsible agencies Commission
Certificate of City staff& other Planning
Compliance response ble City Engineer Commission
agencies
B. In instances when tentative maps, tentative parcel maps, or vesting tentative
maps are processed concurrently with other land use applications requiring City
Council action, such as a zone change, development agreement, or
environmental impact report, the City Council shall have final jurisdiction in
approval, conditional approval, or denial of the tentative map, tentative parcel
map or vesting tentative map.
C. The City Council shall be the final appeal body on all appeals.
Section 17.04.060 Conformance to General Plan, specific plans, and zoning
regulations
A. . No land shall be divided and developed for any purpose which is not in
conformity with this title and with the Grand Terrace General Plan, any applicable
specific plan, the Zoning Code, or regulatory ordinance of the City.
October 12, 2010
Page 3of74
October 12, 2010
Page 1 of 74
tion of offers of dedication 45
17.28.190 Submission for certification 45
17.28.200 Approval by the City Engineer 46
17.28.210 Approval by the City Council 46
October 12, 2010
Page 2 of 4
2.78 FEET ALONG SAID NORTHERLY RIGHT OF WAY TO THE SOUTH EAST
_ CORNER OF SAID INSTRUMENT NO. 2004-0728917; THENCE NORTH 00° 29' 04" WEST
487.56 FEET ALONG THE EAST LINE OF SAID LAND TO THE TRUE POINT OF
BEGINNING.
TS Development Agreement -30- December 14,2010
tute
valid service upon DEVELOPER. DEVELOPER is amenable to the process so served,
submits to the jurisdiction of the Court so obtained and waives any and all objections and
protests thereto. DEVELOPER for itself, assigns and successors hereby waives the provisions
of the Hague Convention(Convention on the Service Abroad of Judicial and Extra Judicial
Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
9.20 Authority to Execute. The person or persons executing this Agreement on
behalf of DEVELOPER warrants and represents that he or she/they have the authority to
execute this Agreement on behalf of his or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
B. The type and intensity of land use as shown on the General Plan and any
applicable specific plan shall determine, together with the requirements of the
California Subdivision Map Act and this title, the type of streets, roads, highway,
utilities and public services that shall be provided by the subdivider.
17.04.070 Indemnification
A. The applicant for a subdivision pursuant to this chapter, and further as a
condition of a approval of a subdivision, shall:
1. Defend, indemnify and hold harmless the City and its agents, officers,
attorneys and employees from any claim, action, or proceeding
(collectively referred to as "proceeding") brought against the City or its
agents, officers, attorneys or employees to attack, set aside, void, or annul
the City's decision to approve any tentative map (tract or parcel)
development, approval or authorization and approvals and certifications
under CEQA and/or any mitigation monitoring program, but excluding any
subdivision approval governed by California Government Code §66474.9.
This indemnification shall include, but not limited to, damages, fees and/or
costs awarded against the City, if any, and cost of suit, attorneys' fees and
other costs liabilities and expenses incurred in connection with such
proceeding whether incurred by applicant, the City, and/or the parties
initiating or bringing such proceeding.
2. Defend, indemnify and hold harmless the City, its agents, officers,
employees and attorneys for all costs incurred in additional investigation
and/or study of, or for supplementing, preparing, redrafting, revising, or
amending any document (such as a negative declaration, EIR, specific
plan or general plan amendment), if made necessary by said proceeding
and if applicant desires to pursue securing such approvals, after initiation
of such proceeding, which are conditioned on the approval of such
documents.
3. Indemnify the City for all the City's costs, fees, and damages that the City
incurs in enforcing the indemnification provisions set forth in the section.
B. In the event that a proceeding described above is brought, the City shall promptly
notify the applicant of the existence of the proceeding and the City will cooperate
fully in the defense of the proceeding. Nothing in this section shall prohibit the
City from participating in the defense of any proceeding.
C. In the event that the applicant is required to defend the City in connection with
any proceeding described in this section, the City shall retain the right to
approve:
1. The counsel to so defend the City;
2. All significant decisions concerning the manner in which defense is
conducted; and
October 12, 2010
Page 4 of 74
all objections and
protests thereto. DEVELOPER for itself, assigns and successors hereby waives the provisions
of the Hague Convention(Convention on the Service Abroad of Judicial and Extra Judicial
Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
9.20 Authority to Execute. The person or persons executing this Agreement on
behalf of DEVELOPER warrants and represents that he or she/they have the authority to
execute this Agreement on behalf of his or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
3. Any and all settlements, which approval shall not be unreasonably
withheld.
D. The City shall also have the right not to participate in the defense, except that the
City agrees to cooperate with the applicant in the defense of the proceeding. If
the City chooses to have counsel of its own defend any proceeding where the
applicant has already retained counsel to defend the City in such matters, the
fees and expenses of the counsel selected by the City shall be paid by the City.
Section 17.04.080 Severability
If any provision of the ordinance codified in this title or the application thereof to any
person or circumstances is held to be invalid the remainder of the ordinance and the
application of such provision to other persons or circumstances shall not be affected
thereby.
Section 17.04.090 Lease projects, condominiums and community apartment
projects
Provisions of this code which except or exempt a subdivider from complying with a
design, improvement, dedication or fee requirement, or which provide for the waiver of
such a requirement because of the size of parcels resulting from a subdivision shall not
be construed to apply to lease projects, condominiums, or community apartment
projects.
Section 17.04.100 Public hearing notice
Whenever a public hearing is held pursuant to this title, notice of hearing shall be in
accordance with California Government Code Section 66451.3.
Section 17.04.110 Fees and deposits
All applicants submitting maps as required by this title shall pay all fees and/or deposits
as provided by City codes and by City Council resolutions and ordinances establishing
applicable fees and deposits.
Section 17.04.120 Violation; penalty
A violation of Subdivision Map Act shall be punishable in accordance with California
Government Code Section 66499.31, and shall be subject to the penalties specified by
Map Act Division 2, Chapter 7, Chapter 1 and/or, where applicable, shall be guilty of a
misdemeanor or infraction as specified in the Grand Terrace Municipal Code
CHAPTER 17.08 DEFINITIONS
Sections:
17.08.010 Incorporated Definitions
17.08.020 Definitions
October 12, 2010
Page 5 of 74
he applicant of the existence of the proceeding and the City will cooperate
fully in the defense of the proceeding. Nothing in this section shall prohibit the
City from participating in the defense of any proceeding.
C. In the event that the applicant is required to defend the City in connection with
any proceeding described in this section, the City shall retain the right to
approve:
1. The counsel to so defend the City;
2. All significant decisions concerning the manner in which defense is
conducted; and
October 12, 2010
Page 4 of 74
all objections and
protests thereto. DEVELOPER for itself, assigns and successors hereby waives the provisions
of the Hague Convention(Convention on the Service Abroad of Judicial and Extra Judicial
Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
9.20 Authority to Execute. The person or persons executing this Agreement on
behalf of DEVELOPER warrants and represents that he or she/they have the authority to
execute this Agreement on behalf of his or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
Section 17.08.010 Incorporated definitions
Whenever any words or phrases used in this title are not defined herein but are defined
in the Subdivision Map Act or in Title 18 of the Grand Terrace Municipal Code, such
definitions shall be deemed incorporated herein and shall apply as set forth in this title.
Section 17.08.020 Definitions.
Throughout this title the following words phrases shall have the meanings as described
in this section.
A. "Appeal body" shall mean the advisory or legislative body with the authority to
hear appeals on applications or actions pursuant to this title.
B. "Approval body" shall mean the advisory agency, legislative body or city staff
person with the authority to approve an application or action pursuant to this title.
C. "CEQA" shall mean the California Environmental Quality Act of 1970, as
amended.
D. "City" shall mean the City of Grand Terrace
E. "City Engineer" shall mean the City Engineer of the City of Grand Terrace, or an
authorized designee.
F. "City standards" shall mean all those ordinances, standards, regulations, policies,
resolutions and procedures that the City uses to review, process, approve or
inspect applications for development, including, but not limited to, public
improvements, grading and landscaping.
G. "Community apartment project" shall mean a project in which an undivided
interest in land is coupled with the right of exclusive occupancy of any apartment
located thereon.
H. "Composite development plan" shall mean a plan or plans, filed at the time of
filing of a final map, which shows the information required by Grand Terrace
Municipal Code Section 17.28.240.
I. "Condominium" shall mean an estate in real property consisting of an undivided
interest in common in a portion of a parcel of real property together with a
separate interest in space in a residential, industrial or commercial building on
the real property, such as an apartment, office or store. In addition, a
condominium may include a separate interest in other portions of such real
property.
J. "Condominium conversion" shall mean the conversion or division of a single-
ownership parcel of existing improved residential real property, such as an
apartment project, into a condominium, community apartment project, stock
October 12, 2010
Page 6 of 74
vent that the applicant is required to defend the City in connection with
any proceeding described in this section, the City shall retain the right to
approve:
1. The counsel to so defend the City;
2. All significant decisions concerning the manner in which defense is
conducted; and
October 12, 2010
Page 4 of 74
all objections and
protests thereto. DEVELOPER for itself, assigns and successors hereby waives the provisions
of the Hague Convention(Convention on the Service Abroad of Judicial and Extra Judicial
Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
9.20 Authority to Execute. The person or persons executing this Agreement on
behalf of DEVELOPER warrants and represents that he or she/they have the authority to
execute this Agreement on behalf of his or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
cooperative or townhouse form of ownership involving separate ownership or
permanent right of exclusive use of individual units.
K. "Department" shall mean the Community and Economic Development
Department.
L. "Design" shall mean street alignments, grades and widths; drainage, water,
sewer and sanitary facilities and utilities, including alignments and grades
thereof; location and size of all required easements and rights of way; fire roads
and firebreaks; lot size and configuration; vehicular and bicycle traffic access;
grading; land to be dedicated for park or recreational purposes; and such other
specific physical requirements in the plan and configuration of the entire
subdivision as may be necessary to ensure consistency with, or implementation
of, the general plan or any applicable specific plan.
M. "Director" shall mean the Director of Community and Economic Development or
authorized designee.
N. "Final map" shall mean a map showing a subdivision of five (5) or more parcels
for which a tentative and final map are required by, and prepared in accordance
with, the Subdivision Map Act and this title, and designed to be filed for
recordation in the office of the San Bernardino County Recorder.
O. "Improvement" shall mean any streets, sidewalks, storm drainage facilities, water
and sewer facilities, utilities, landscaping to be installed or agreed to be installed,
by the subdivider on the land to be used for public or private streets, highways,
ways and easements, as are necessary for the general use of the lot owners in
the subdivision and local neighborhood traffic and acceptance of the final map
thereof. Improvement also means other specific improvements or types of
improvements, the installation of which, either by or by a combination of, the
subdivider, public agencies, private utilities, or any other entity approved by the
city, is necessary to ensure consistency with, or implementation of, the general
plan, or any applicable specific plan. Improvements shall be constructed in
accordance with standard engineering specifications, where applicable.
P. "General plan" shall mean the General Plan of the City of Grand Terrace,
including all adopted elements and maps, as it may be amended from time to
time.
Q. "Government Code" shall mean the Government Code of the State. If at any
time any of the sections of the Government Code referred to in this chapter are
redesignated by a new number, such new number shall thereupon be deemed
substituted for such old number wherever the same appears in this chapter.
R. "Lot line adjustment" shall mean a boundary realignment between four or
fewerexisting adjacent legal and/or recognized parcels, under the same or
different ownership where land taken from one (1) parcel is added to an adjacent
October 12, 2010
Page 7 of 74
and Extra Judicial
Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
9.20 Authority to Execute. The person or persons executing this Agreement on
behalf of DEVELOPER warrants and represents that he or she/they have the authority to
execute this Agreement on behalf of his or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
parcel, and where a greater number of parcels other than originally existed is not
thereby created.
S. "Merger" shall mean the joining of two (2) or more contiguous parcels of land
under one ownership into one parcel.
T. "Multiple" or "phased final maps" shall mean any aggregation of final maps which
are filed on property included in a single tentative map.
U. "Parcel map" shall mean a map which is designated to be placed on record with
the office of the San Bernardino County Recorder for any subdivision creating
four (4) or fewer lots or five (5) or more lots if the subdivision complies with the
provisions of California Government Code Section 66426 (a), (b), (c), (d) or (e).
V. "Planning Commission" shall mean the Planning Commission of the City of
Grand Terrace.
W. "Remainder" shall mean that portion of an existing parcel which is not designated
on the required map as part of the subdivision. The remainder shall not be
considered as part of the subdivision but shall be shown on the required map as
part of the area surrounding the subdivision. A remainder of five (5) acres or
more need not be shown on the map and its location need not be indicated as a
matter of survey, but only by deed reference to the existing boundaries of the
remainder.
X. "Standard engineering specifications" shall mean the San Bernardino County
Standards and Specifications and Standard Specifications for Public Works
Construction.
Y. "Stock cooperative project" shall mean a project wherein a corporation is formed
or utilized primarily for the purpose of holding title to an apartment project, if all,
or substantially all, of the shareholders of such corporation receive a right of
exclusive occupancy in a dwelling unit in the apartment project, title to which is
held by the corporation. The right of occupancy is transferable only concurrently
with the transfer of shares of stock in the corporation held by the person having
such right of occupancy. For the purpose of this title, "stock cooperative projects"
are subject to the same restrictions and conditions as condominium conversion
projects.
Z. "Subdivider" shall mean a person, firm, corporation, partnership or association
who proposes to divide, divides or causes to be divided real property into a
subdivision for oneself or for others. Employees and consultants of such persons
or entities, acting in such capacity, are not "subdividers".
AA. "Subdivision" shall mean the division, by any subdivider, of any unit or units of
improved or unimproved land, or any portion thereof, shown on the latest
equalized county assessment roll as a unit or as contiguous units, for the
October 12, 2010
Page 8 of 74
legal and/or recognized parcels, under the same or
different ownership where land taken from one (1) parcel is added to an adjacent
October 12, 2010
Page 7 of 74
and Extra Judicial
Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
9.20 Authority to Execute. The person or persons executing this Agreement on
behalf of DEVELOPER warrants and represents that he or she/they have the authority to
execute this Agreement on behalf of his or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
purpose of sale, lease or financing, whether immediate or future. Property shall
be considered as contiguous units, even if it is separated by roads, streets, utility
_ easement or railroad rights-of-way. "Subdivision" includes a condominium
project, as defined in California Civil Code Section 1351(f), a community
apartment project, as defined California Civil Code Section 1351(d), or the
conversion of five (5) or more existing dwelling units to a stock cooperative, as
defined in California Civil Code Section 1351(m).
BB. "Subdivision Map Act" shall mean the provisions of California Government Code,
Title 7, Division 2, Section 66410 et seq. and such amendments thereto as may
be made from time to time.
CC. "Substandard lot" shall mean any lot which does not meet the minimum
dimension or area requirement for the zone in which it is located and for which no
variance has been obtained. In determining the minimum lot area or dimensions,
the area of any easement which restricts the normal usage of the lot may be
excluded.
DD. "Tentative map" shall mean a map prepared for the purpose of showing the
design and improvements of a proposed subdivision and the existing conditions
in and around it.
EE. "Tentative parcel map" shall mean a tentative map for a proposed subdivision
creating four (4) or fewer lots or five (5) or more proposed lots which comply with
the provisions of California Government Code Section 66426 (a), (b), (c), (d) or
(e).
FF. "Tract map" shall mean a term that may be used as a synonym for the term "final
map".
GG. "Vesting tentative map" shall mean a tentative map prepared in accordance with
the provisions of this title that shall have printed conspicuously on its face the
words "Vesting Tentative Map" at the time it is filed.
HH. "Zoning code" shall mean Title 18 of the Grand Terrace Municipal Code,
including all text and maps, as it may be amended from time to time.
CHAPTER 17.12 MAP REQUIREMENTS
Sections:
17.12.010 Subdivisions of four (4) or less lots
17.12.020 Subdivisions of five (5) or more lots
17.12.030 Waiver of parcel maps by the City Engineer
17.12.040 Exceptions
17.12.050 Exclusions
October 12, 2010
Page 9 of 74
subdivision for oneself or for others. Employees and consultants of such persons
or entities, acting in such capacity, are not "subdividers".
AA. "Subdivision" shall mean the division, by any subdivider, of any unit or units of
improved or unimproved land, or any portion thereof, shown on the latest
equalized county assessment roll as a unit or as contiguous units, for the
October 12, 2010
Page 8 of 74
legal and/or recognized parcels, under the same or
different ownership where land taken from one (1) parcel is added to an adjacent
October 12, 2010
Page 7 of 74
and Extra Judicial
Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
9.20 Authority to Execute. The person or persons executing this Agreement on
behalf of DEVELOPER warrants and represents that he or she/they have the authority to
execute this Agreement on behalf of his or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
Section 17.12.010 Subdivisions of four (4) or less lots
A. A tentative and parcel map shall be required for all divisions of land into four (4)
or less parcels, or four (4) or less condominiums or stock cooperative units, a
community apartment project containing four (4) or less parcels or lots or for the
conversion of a dwelling to a stock cooperative containing four (4) or less
dwelling units, except as provided in Section 17.04.040.
Section 17.12.020 Subdivisions of five (5) or more lots
A. A tentative and final map shall be required for all divisions of land into five (5) or
more parcels or lots, five (5) or more condominium units, a community apartment
project containing five (5) or more parcels or lots or for the conversion of a
dwelling to a stock cooperative containing five (5) or more dwelling units, except
as provided in Section 17.04.040 and/or Government Code Section 66426 (a)
through (e).
Section 17.12.030 Waiver of parcel maps by the City Engineer
A. The City Engineer is authorized to waive parcel maps, without City Council
approval, when the City Engineer can make the following findings:
1. No dedications, easements, restrictions, or fee title is being granted to the
City of Grand Terrace or any public agency as a function of the parcel
map.
2. No agreements involving the City, CC&R's or maintenance entities are
required as part of the conditions of approval of the parcel map.
3. No mitigation measures are required as part of the conditions of approval
of the parcel map.
4. Four (4) or fewer parcels are created by the parcel map.
5. No public improvements are required as part of the subdivision.
6. It has been determined to the satisfaction of the City Engineer that
sufficient monumentation of the parcels exist so as not to justify an
additional land survey.
7. The proposed division of land complies with requirements established by
this division or local ordinance enacted pursuant thereto as to area,
improvement and design, floodwater drainage control, appropriate
improved public roads, sanitary disposal facilities, water supply availability,
environmental protection, and other requirements of this title or local
ordinance enacted pursuant thereto.
Section 17.12.040 Exceptions
Exceptions to the preparation of tentative maps, parcel maps and final maps shall be in
accordance with California Government Code Sections 66426 and 66428.
October 12, 2010
Page 10 of 74
f any unit or units of
improved or unimproved land, or any portion thereof, shown on the latest
equalized county assessment roll as a unit or as contiguous units, for the
October 12, 2010
Page 8 of 74
legal and/or recognized parcels, under the same or
different ownership where land taken from one (1) parcel is added to an adjacent
October 12, 2010
Page 7 of 74
and Extra Judicial
Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
9.20 Authority to Execute. The person or persons executing this Agreement on
behalf of DEVELOPER warrants and represents that he or she/they have the authority to
execute this Agreement on behalf of his or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
Section 17.12.050 Exclusions
Exclusions to Subdivision Map Act and this Title shall be in accordance with California
Government Code Sections 66412, 66412.1, 66412.2, 66412.3, and 66412.5.
CHAPTER 17.16 TENTATIVE MAPS
Sections:
17.16.010 General
17.16.020 Preliminary Maps
17.16.030 Compliance with the General Plan and Zoning
17.16.040 Filing application
17.16.050 Determination of application completeness
17.16.060 Tentative map review and distribution procedures
17.16.070 Map numbers
17.16.080 Information to be contained on tentative maps
17.16.090 Documentation to be submitted with tentative maps
17.16.100 Referrals
17.16.110 Staff reports and recommendations for tentative maps
17.16.120 Time frames for action on tentative maps
17.16.130 Findings for approval of tentative maps
17.16.140 Effective date of map approval
17.16.150 Appeals
17.16.160 Expiration of tentative maps
17.16.170 Extensions of time for tentative maps
17.16.180 Modifications of tentative maps •
17.16.190 Withdrawal of tentative map
Section 17.16.010 General
The procedures set forth in this title shall be applicable to tentative tract maps and
tentative parcel maps.
Section 17.16.020 Preliminary Map
For every proposed subdivision the subdivider may, at his or her option, file a
preliminary map with the Department, and as many additional copies as may be
required, for the purpose of obtaining advice on the conformity of the map with the
provisions of this title and other applicable Codes, and possible improvements in the
design of the subdivision.
Section 17.16.030 Compliance with the General Plan and Zoning Code
All divisions of land pursuant to this title shall conform to those development standards
set forth in the Zoning Code for the zoning district in which the property to be divided is
located at the time the application for the tentative map is deemed complete. In
accordance with Section 17.04.060, all divisions of land pursuant to this title shall also
conform to the General Plan including all maps, goals, objectives, policies and
implementation measures, in effect at the time the tentative map is deemed complete.
October 12, 2010
Page 11 of 74
ns to the preparation of tentative maps, parcel maps and final maps shall be in
accordance with California Government Code Sections 66426 and 66428.
October 12, 2010
Page 10 of 74
f any unit or units of
improved or unimproved land, or any portion thereof, shown on the latest
equalized county assessment roll as a unit or as contiguous units, for the
October 12, 2010
Page 8 of 74
legal and/or recognized parcels, under the same or
different ownership where land taken from one (1) parcel is added to an adjacent
October 12, 2010
Page 7 of 74
and Extra Judicial
Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
9.20 Authority to Execute. The person or persons executing this Agreement on
behalf of DEVELOPER warrants and represents that he or she/they have the authority to
execute this Agreement on behalf of his or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
Section 17.16.040 Filing application
Unless otherwise provided in this title, each proposed parcel, tract map or vesting parcel
or tract map shall first be submitted to the City in the form of a tentative map. Tentative
maps shall be prepared and submitted in compliance with all applicable State laws and
City ordinances. Tentative maps shall be filed with the Community and Economic
Development Department.
Section 17.16.050 Determination of application completeness
A. All applications filed with the Department in compliance with this title shall be
initially reviewed for application completeness as follows:
1. Within thirty (30) days of application submittal, the Director or designee
shall determine whether or not the application is complete. The applicant
shall be notified in writing if specific information and/or materials are still
necessary to complete the application.
The applicant may appeal the determination in accordance with Section
17.16.150 of this title and California Government Code Section 65943
(Permit Streamlining Act).
2. In the event an application is deemed incomplete and the applicant
resubmits the application, within thirty (30) days of application resubmittal
the Department shall determine whether or not the resubmitted application
is complete. The applicant shall be notified in writing of the determination if
specific information and or materials are still necessary to complete the
application.
3. The City, at its discretion, may deem void any application that remains
incomplete 180 days from the date of the original submittal. The City shall
notify the applicant of its intention to void the stagnant application at least
thirty (30) days prior to withdrawal.
4. Any resubmittal of a voided application shall require submittal of a new
application, along with the appropriate fees; a new case number will be
assigned.
5. Nothing in this Chapter precludes the applicant and the City from mutually
agreeing to an extension of any time limit provided by California
Government Code 65943.
6. Tentative map applications shall not be deemed complete until all
environmental documentation required under the California Environmental
Quality Act and local environmental processing procedures has been
completed.
Section 17.16.060 Tentative map review and distribution procedure
A. The review and distribution procedures for tentative map applications filed with
the Department shall be as follows:
October 12, 2010
Page 12 of 74
any unit or units of
improved or unimproved land, or any portion thereof, shown on the latest
equalized county assessment roll as a unit or as contiguous units, for the
October 12, 2010
Page 8 of 74
legal and/or recognized parcels, under the same or
different ownership where land taken from one (1) parcel is added to an adjacent
October 12, 2010
Page 7 of 74
and Extra Judicial
Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
9.20 Authority to Execute. The person or persons executing this Agreement on
behalf of DEVELOPER warrants and represents that he or she/they have the authority to
execute this Agreement on behalf of his or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
1. Environmental review. After an application has been determined to be
complete, an initial study of the project's potential environmental impacts
shall be completed pursuant to Section 15063 of the CEQA Guidelines.
During the review period, the City shall determine the appropriate type of
environmental review.
2. The Director may request the preparation of additional studies to respond
to issues raised during the review of the tentative map and preparation of
the initial study. Once required studies have been completed and/or the
Director has determined the appropriate environmental action, the Director
shall prepare and distribute the proper environmental notice.
3. Distribution of maps and receipt of comments. Within five (5) business
days after an application has been determined to be complete, the
Director shall send notice of said determination to affected school districts
pursuant to California Government Code Section 66455.7. The
application shall be forwarded to other departments and agencies for
review pursuant to the provisions of California Government Code Section
66453 et seq.
4. Public hearing and notification. Public hearing notification shall take place
in the manner set forth in California Government Code Section 65090 and
65091.
Section 17.16.070 Map numbers
Map numbers for subdivisions shall be obtained from the San Bernardino County
Recorder's Office.
Section 17.16.080 Information to be contained on tentative maps
A. All tentative maps shall be prepared in a manner acceptable to the Director and
City Engineer and shall be prepared by a licensed land surveyor or State
registered civil engineer authorized to practice land surveying. The map shall
consist of one (1) or more sheets which shall all be of equal size and shall not
exceed thirty-six inches (36") along any side. The scale of the map shall be one
inch (1") equals one hundred feet (100') or larger. The Director or City Engineer
may approve the use of anther scale or sheet size not specified herein if
warranted due to the size of the property. The number of copies of tentative
maps to be submitted shall be as specified in the application for tentative
subdivision maps (tract and parcel maps). Unless otherwise waived by the
Director and City Engineer, the map shall contain the following information in
addition to any other requirement of the City's General Plan or Zoning Code:
1. General information.
a. Map number;
b. Name, address and telephone number of subdivider;
October 12, 2010
Page 13 of 74
equalized county assessment roll as a unit or as contiguous units, for the
October 12, 2010
Page 8 of 74
legal and/or recognized parcels, under the same or
different ownership where land taken from one (1) parcel is added to an adjacent
October 12, 2010
Page 7 of 74
and Extra Judicial
Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
9.20 Authority to Execute. The person or persons executing this Agreement on
behalf of DEVELOPER warrants and represents that he or she/they have the authority to
execute this Agreement on behalf of his or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
c. Name, address, and telephone number of person preparing the
map;
d. Name and address of owner of record;
e. North arrow and scale of map;
f. Date map was prepared and/or revisions;
g. Registered Civil Engineer or Licensed Land Surveyor signature and
seal;
h. Area of the subdivision, both as total area and as area excluding
existing right (s)-of-way (s) dedicated for public use;
i. General plan designation, existing zoning of property and proposed
land use, as well as any proposed zoning and/or general plan land
use changes, whether immediate or future;
j. Names, addresses and telephone numbers of utilities, school
districts, fire protection agencies, and cable television services
serving the tract.
2. Vicinity information.
a. A vicinity or area map, located on the tentative map, at a scale of
one inch (1") equals five hundred feet (500'), or as otherwise
approved by the Director showing only the existing major street
pattern and major water courses and flood control channels within
one-half ('/z) mile of exterior boundaries of the subdivision;
b. All boundary lines of the subdivision with approximate bearing and
distances described with any identifying tree row, dikes, or
channels;
c. Existing buildings or structures identified by use, including those
within one hundred feet (100') of the tract boundary;
d. Adjoining property lines and land uses, including adjacent
subdivision map numbers, if any;
e. Average lot area of adjacent subdivisions;
f. Location of existing trees, and proposed tree removals.
3. Topographic information.
a. Topography, including: one foot (1') contour lines where slope is
less than five percent (5%); two foot (2') contour lines where slope
is between five percent (5%) and ten percent(10%) and five foot (5')
contour lines where slopes are greater than ten percent (10%).
Every fifth (5th) contour shall be clearly labeled and indicated so as
October 12, 2010
Page 14 of 74
e to the size of the property. The number of copies of tentative
maps to be submitted shall be as specified in the application for tentative
subdivision maps (tract and parcel maps). Unless otherwise waived by the
Director and City Engineer, the map shall contain the following information in
addition to any other requirement of the City's General Plan or Zoning Code:
1. General information.
a. Map number;
b. Name, address and telephone number of subdivider;
October 12, 2010
Page 13 of 74
equalized county assessment roll as a unit or as contiguous units, for the
October 12, 2010
Page 8 of 74
legal and/or recognized parcels, under the same or
different ownership where land taken from one (1) parcel is added to an adjacent
October 12, 2010
Page 7 of 74
and Extra Judicial
Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
9.20 Authority to Execute. The person or persons executing this Agreement on
behalf of DEVELOPER warrants and represents that he or she/they have the authority to
execute this Agreement on behalf of his or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
to be distinctive. Contour lines shall extend a minimum of one
hundred feet (100') beyond the tract boundary. Dashed lines shall
represent existing contours. Topographic mapping shall include any
significant features which can materially affect the design of the
subdivision, including, but not limited to structures, fences, walls
utility poles, trees, rock outcroppings, and drainages. Source and
date of existing contours shall be included.
b. Proposals for handling stormwater and drainage;
c. Pad elevation and drainage pattern of each lot;
d. Tops and toes of all manufactures slopes, including all daylight
lines;
e. Estimated quantities of cut and fill material in cubic yards; and
f. Existing and proposed retaining wall locations and heights.
4. Site access and circulation information:
a. Existing and proposed street alignments, including public alleys,
cross-sections, and rights-of-way widths;
b. Existing and future adjacent and connecting street alignments
including widths of rights-of-ways;
c. Proposed and existing street grades;
d. Centerline radii of street curves;
e. The location and radii of the rights-of-way at all curb returns and
cul-de-sacs;
f. The width and location of all necessary and approved off-site
access from the proposed subdivision onto the nearest public
street; and
g. Street names on all existing streets within the proposed subdivision
and those within 100 feet of the proposed subdivivision. Proposed
public or private streets shall be designated as such and those not
officially named should be shown as "A" Street, "B" Court, or "C"
Road, unless a current listing of desired names has been approved
for said tentative tract.
5. Utilities information.
a. Names and addresses of all operators and providers of proposed
subdivision utility systems; if to be served by an established mutual
water company or an established public utility, a letter shall be
October 12, 2010
Page 15 of 74
of 74
e to the size of the property. The number of copies of tentative
maps to be submitted shall be as specified in the application for tentative
subdivision maps (tract and parcel maps). Unless otherwise waived by the
Director and City Engineer, the map shall contain the following information in
addition to any other requirement of the City's General Plan or Zoning Code:
1. General information.
a. Map number;
b. Name, address and telephone number of subdivider;
October 12, 2010
Page 13 of 74
equalized county assessment roll as a unit or as contiguous units, for the
October 12, 2010
Page 8 of 74
legal and/or recognized parcels, under the same or
different ownership where land taken from one (1) parcel is added to an adjacent
October 12, 2010
Page 7 of 74
and Extra Judicial
Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
9.20 Authority to Execute. The person or persons executing this Agreement on
behalf of DEVELOPER warrants and represents that he or she/they have the authority to
execute this Agreement on behalf of his or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
furnished to indicate that satisfactory arrangements have been
made or can be made for water supply;
b. All watercourses, storm drainage easements, utility facilities, fire
hydrants, street lights, wells, and Special Flood Hazard Areas
which are subject to inundation or storm water overflow in
accordance with current Federal Emergency Management Agency
Maps;
c. Location of and size of existing overhead utilities on peripheral
streets;
d. Preliminary plan of off-site drainage channel and any other
drainage devices;
e. Approximate location of all existing and proposed public and private
easements and easements to be abandoned pursuant to Section
66499.20 '/ of the State Subdivision Map Act;
f. Location and size of existing and proposed water, sewer, and storm
drain lines with their approximate slope, connection point, and
elevation; and
g. Method of collection and disposal of stormwater run-off including
detention facility location and storage volume.
6. Lot information.
a. Minimum, maximum, and average lot sizes within the subdivision;
b. The location of any remainder of the original parcel shall be
indicated by deed reference to the existing record boundaries of
such remainder if such remainder has an area of five (5) acres or
more; remainder parcels shall be subject to review for design
access, water and sewer availability and other such improvements
as may be necessary to protect the public health, safety and
welfare, are necessary for orderly development, and are consistent
with the intent of this Code. Waiver of improvements may be
granted for remainder parcels where the size exceeds five (5) acre;
c. Total number of lots proposed;
d. Lot lines, dimensions, and identifying number or letter; common lots
shall be lettered lots and define use or purpose of such common
lot(s);
e. If phasing is proposed, show all phase boundaries and the number
of each phase;
f. Show the building pad, exclusive of setbacks and easements, of all
lots; and
October 12, 2010
Page 16 of 74
n the application for tentative
subdivision maps (tract and parcel maps). Unless otherwise waived by the
Director and City Engineer, the map shall contain the following information in
addition to any other requirement of the City's General Plan or Zoning Code:
1. General information.
a. Map number;
b. Name, address and telephone number of subdivider;
October 12, 2010
Page 13 of 74
equalized county assessment roll as a unit or as contiguous units, for the
October 12, 2010
Page 8 of 74
legal and/or recognized parcels, under the same or
different ownership where land taken from one (1) parcel is added to an adjacent
October 12, 2010
Page 7 of 74
and Extra Judicial
Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
9.20 Authority to Execute. The person or persons executing this Agreement on
behalf of DEVELOPER warrants and represents that he or she/they have the authority to
execute this Agreement on behalf of his or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
g. The location of each lot boring shall be shown on the exhibit
attached to the preliminary soils report described in Section
17.16.090(K).
7. Phasing of any portion of the tentative map;
8. Other information.
a. Proposed recreation sites, trails, and parks for private or public use;
b. Proposed common areas and areas to be dedicated to public open
space.
B. Upon written request of the subdivider, the Director, in consultation with the City
Engineer, may waive any of the above tentative map requirements if.the Director
determines that the type of subdivision does not justify compliance with these
requirements, or if the Director determines that other circumstances justify a
waiver. The Director may require other drawings, data or information as deemed
necessary by the Department to accomplish the purposes of the Subdivision Map
Act and this title.
Section 17.16.090 Documentation to be submitted with tentative maps
A. A signed statement by all owners in fee simple estate, or authorized agents
thereof, consenting to such filing of the subdivision of the parcel(s) involved;
B. A legal description of the land within the proposed subdivision;
C. The disposition to be made of all existing structures, tree rows, and other
significant vegetation and natural features, wells, tanks, irrigation facilities and
public utility lines;
D. A statement as to the intention of the subdivider in regard to slope planting and
erosion control;
E. Source, name of supplier, quality and estimate of available quantity of water, or,
if to be served by an established mutual water company or an established public
utility, a letter shall be furnished to indicate that satisfactory arrangements have
been made or can be made for water supply;
F. A description of the proposed method and plan of sewage disposal.
G. A certification by the applicant, supported by a preliminary title report (dated
within sixty (60) days of tentative map submittal), that the design of the
subdivision and the type of improvements will not conflict with easements
acquired by the public at large for access through, or use of, property within the
proposed subdivision;
H. A list of all proposed deviations to City standards for map, street and storm
drainage design, together with justification for each;
October 12, 2010
Page 17 of 74
1. General information.
a. Map number;
b. Name, address and telephone number of subdivider;
October 12, 2010
Page 13 of 74
equalized county assessment roll as a unit or as contiguous units, for the
October 12, 2010
Page 8 of 74
legal and/or recognized parcels, under the same or
different ownership where land taken from one (1) parcel is added to an adjacent
October 12, 2010
Page 7 of 74
and Extra Judicial
Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
9.20 Authority to Execute. The person or persons executing this Agreement on
behalf of DEVELOPER warrants and represents that he or she/they have the authority to
execute this Agreement on behalf of his or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
A preliminary drainage report describing the proposed method and plan of
, - stormwater disposal (the plan including location of storm drain lines, detention
facilities, inlets and ultimate outlet may be shown on the tentative map) prepared
by a State Registered Civil Engineer. The drainage report shall include a
hydrologic and hydraulic study, indicating the following conditions before and
after development: Drainage areas, major water courses, quantity of stormwater
and patterns, diversions and collection systems. Flood hazard areas, based on
100-year storm frequency, shall be delineated on the tentative map. Special
Flood Hazard Areas as shown on the applicable FEMA's maps shall also be
delineated on the tentative maps. All developments in flood plains shall comply
with applicable federal, state and local codes and ordinances. Building sites, as
designated in the soils report, shall be located outside of flood hazard areas;
J. The disclosure of all proposed mitigation measures recommended by any
applicable environmental document, with a statement of how measures will be
incorporated within the project;
K. A soils report, prepared by a civil or geotechnical engineer registered in the State
of California and based upon adequate test borings to adequate depths (subject
to review by the City Engineer), will be required for use in evaluating and
reporting the impact that the subdivision may have upon the environment.
1. The soils report shall describe the nature of the subsurface soils and any
soil conditions which would affect the geometrics of the proposed
development. The soils report shall state whether the proposed plan is
feasible and provide general solution for all known geotechnically
hazardous conditions or problems. The report shall include the locations
and logs of any test borings, percolation test results and a hydrological
evaluation of on-site sewage disposal if proposed. A liquefaction report
shall also be required in areas of high groundwater, less than fifty feet
(50') deep, or as determined by the City Engineer. The City Engineer
may require that the soils report address all additional issues deemed
pertinent by him or her.
2. If the City Engineer has knowledge of, or the soils report indicates, the
presence of critically expansive soils, collapsible soils or other soils
problems which, if not corrected, could possibly lead to investigation of
each lot in the subdivision may be required. Such soils investigation shall
be performed by a Civil or Geotechnical Engineer, registered in this State,
who shall recommend the corrective action which is likely to prevent
structural damage and eliminate any hazards to each structure proposed
to be constructed in the area where the soils problems exist. The
Advisory Agency may approve the subdivision or portion thereof where
these soils problems exist if it determines the recommended action is
likely to prevent structural damage to each structure to be constructed,
and as a condition to the issuance of any building permit may require that
• the approved recommended action be incorporated into the construction
of each structure.
October 12, 2010
Page 18 of 74
or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
3. An engineering geology evaluation, prepared by an engineering geologist
registered in the State of California, defining the geologic conditions of the
site, shall be submitted. The geologic evaluation shall state any
geologically hazardous conditions which may exist on the site and whether
the proposed plan is feasible and shall provide general solutions for all
known hazardous conditions or problems. The evaluation report shall
point out specific areas where development may create geologically
hazardous conditions. The engineering geology evaluation requirements
may be waived if the City Engineer finds that, due to the knowledge his or
her staff has as to the geologic characteristics of the subdivision area, no
engineering geology evaluation is necessary.
4. The geotechnical/engineering geology report shall designate a suitable
building site for each lot, which is safe from liquefaction, settlement,
Iandsliding, mudsliding, seismic, fault rupture and flood hazards and which
has reasonable access thereto as determined by the City Engineer.
Section 17.16.100 Referrals
The Department shall transmit copies of the tentative map and, where applicable, the
accompanying drawings and statements to City Departments, together with a request.
for written recommendations on the proposed subdivision to be returned to the project
planner. The project planner may transmit additional applicable copies to such other
public and private agencies or departments as may be affected by the proposed
subdivision, together with requests for written recommendations thereon. Failure to
submit such written recommendations may be deemed recommended approval of the
proposed subdivision. Copies of reports by City departments and/or agencies shall be
transmitted to the subdivider upon completion.
Section 17.16.110 Staff reports and recommendations for tentative maps
Any staff report or recommendation on a tentative map to the Planning Commission/City
Council shall be in writing and a copy thereof shall be made available to the subdivider
or applicant at least three (3) days prior to any hearing or action on such map by the
Planning Commission/City Council.
Section 17.16.120 Time frames for action on tentative maps
A. The approving authority shall hold a public hearing on the map, and upon making
all findings required in Section 17.16.130, shall approve, or conditionally approve
the tentative map, or if such findings are not made, shall deny the tentative map,
within the time frames established by California Public Resources Code Section
21151.5, and California Government Code Section 66452 and 66452.1.
B. The time frames noted above may be extended as provided by prevailing
statutory law or court decisions.
C. In the event that action on a tentative map application is not taken in a timely
manner and the application is deemed approved by operation of law, pursuant to
California Government Code Section 66452.4, then the standard conditions of
October 12, 2010
Page 19 of 74
structure to be constructed,
and as a condition to the issuance of any building permit may require that
• the approved recommended action be incorporated into the construction
of each structure.
October 12, 2010
Page 18 of 74
or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
approval prepared by the City that are in effect at the time the application was
deemed complete shall automatically be applied to the tentative map.
Section 17.16.130 Findings for approval of tentative maps
A. Any tentative map shall be approved only if all of the following findings are made:
1. The proposed subdivision is consistent with the City of Grand Terrace
General Plan and any applicable specific plan for the area;
2. The design or improvement of the proposed subdivision is consistent with
the City of Grand Terrace General Plan and any applicable specific plan
for the area;
3. The site is physically suitable for the type and proposed density of
development proposed by the tentative map;
4. The design of the subdivision and proposed improvements are not likely to
cause significant environmental damage or substantially and avoidably
injure fish or wildlife or their habitat;
5. The design of the subdivision and the type of improvements are not likely
to cause serious public health problems;
6. The design of the subdivision provides for future passive or natural
heating and cooling opportunities in the subdivision to the extent feasible;
7. The design of the subdivision and the type of improvements will not
conflict with easements acquired by the public at large for access through
or use of property within the proposed subdivision, or the design of the
alternate easements which are substantially equivalent to those previously
acquired by the public will not be provided;
8. In approving the subdivision the approving authority has considered its
effects and the effects of adopted ordinances and actions relating to the
review and approval of subdivisions on the housing needs of the region
and balanced those needs against the public service needs of its residents
and available fiscal and environmental resources.
Section 17.16.140 Effective date of map approval
All decisions of the Planning Commission granting or denying a tentative tract or
tentative parcel map are subject to a ten (10) day appeal period, and shall become final
and effective on the eleventh day after the decision date, except when the eleventh
such day is not a city business day. In such circumstances, the decisions shall become
effective on the next city business day following such eleventh day.
Section 17.16.150 Appeals
A. Any person dissatisfied with an interpretation or action of an Approval Body
made pursuant to this Title may appeal such action to the designated Appeal
October 12, 2010
Page 20 of 74
452.1.
B. The time frames noted above may be extended as provided by prevailing
statutory law or court decisions.
C. In the event that action on a tentative map application is not taken in a timely
manner and the application is deemed approved by operation of law, pursuant to
California Government Code Section 66452.4, then the standard conditions of
October 12, 2010
Page 19 of 74
structure to be constructed,
and as a condition to the issuance of any building permit may require that
• the approved recommended action be incorporated into the construction
of each structure.
October 12, 2010
Page 18 of 74
or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
Body. Appeals must be filed in accordance with the procedures in this Section.
Section 17.04.050 identifies the Appeal Body for each of the City's map and
permits and actions. Actions by the City Council are not subject to appeal and
are final.
B. All appeals shall be submitted in writing to the Department and shall identify the
action being appealed and specifically state the basis or grounds of the appeal.
C. Appeals shall be filed within ten (10) days following the date that the Approval
Body takes action on a tentative map or other application regulated by this title.
An appeal shall be accompanied by a filing fee as established by City Council
resolution.
D. The filing of an appeal shall stay the action being appealed and the issuance of
subsequent permit(s), such as grading or building permits. No fee shall be
charged for an appeal by the Mayor or City Council or public official acting in an
official capacity.
E. An appeal must be filed to exhaust all available administrative remedies.
F. Unless otherwise stated herein or agreed upon by the person filing the appeal
and the applicant, appeal hearings and public meetings should be set within thirty
(30) days from the date of appeal submittal. Notice of hearing for the appeal or
public meeting shall be provided pursuant to noticing requirements of this
Chapter.
G. Each appeal shall be considered de novo (new), and the Appeal Body may
reverse, modify or affirm the decision in whole or in part. In taking its action on an
appeal, the Appeal Authority shall state the basis for its action. The Appeal Body
may modify, delete or add such conditions as it deems necessary. The Appeal
Body may also refer the matter back to the original Approving Authority for further
action.
Section 17.16.160 Expiration of a tentative map
A. The approval or conditional approval of a tentative map, or phases thereof, shall
expire twenty-four (24) months from the date the map was approved or
conditionally approved. Failure to cause a timely filing in accordance with
Section 17.16.170 with the City within twenty-four (24) months after approval
shall terminate all proceedings, and any subdivision of the same land shall
require the filing and processing of a new tentative map. The subdivider shall be
responsible for keeping a record as to when a map will expire.
1. Any development application that is filed and approved at the same time
with a tentative map shall be approved for a period of twenty-four (24)
months to run in conjunction with the tentative map. The development
application may only be extended for an additional twelve (12) months, for
a total approval period of thirty-six (36) months. The approval of the
development application is applicable whether or not a final map or parcel
map is recorded.
October 12, 2010
Page 21 of 74
the standard conditions of
October 12, 2010
Page 19 of 74
structure to be constructed,
and as a condition to the issuance of any building permit may require that
• the approved recommended action be incorporated into the construction
of each structure.
October 12, 2010
Page 18 of 74
or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
Section 17.16.170 Extensions of time for tentative maps
A. Not withstanding Section 17.16.160, the initial twenty-four (24) month term of
tentative maps may be extended as follows:
1. Request by subdivider. Not more than sixty (60) calendar days before the
expiration of the tentative map, the subdivider may apply for an extension
of time not to exceed twelve (12) months. The subdivider shall file with
the Director a completed application form, pay all applicable fees, and
submit the required number of copies of the tentative map and all
supporting materials and documents required on the City's official
application form, including but not limited to, environmental analysis
pursuant to CEQA.
2. Upon application by the subdivider prior to the expiration of an approved
tentative map, the City may additionally approve the tentative map for a
period or periods not to exceed six (6) years. Each extension shall not
exceed twelve (12) months, and the City may impose additional conditions
of approval related to public health, safety and welfare.
3. If a subdivider is required to expend the amount specified in California
Government Code Section 66452.6 to construct, improve, or finance the
construction or improvement of public improvements outside the property
boundaries of the tentative map, excluding improvements of public rights
of way which abut the boundary of the property to be subdivided and
which are reasonable related to the development of that property, each
filing of a final map authorized by California Government Code Section
66456.1 shall extend the expiration of the approved or conditionally
tentative map by thirty-six (36) months from the date of its expiration or
the date of a previously-filed final map, whichever is later. The extensions
shall not extend the term of the tentative map more than ten (10) years
from its date of original approval.
4. The subdivider, or any interested party adversely affected, may appeal
any action of the Director related to the extension of a map to the Planning
Commission in accordance with the procedures set forth in Section
17.16.150 of this chapter. Such appeals shall be filed within ten (10) days
of final action by the Director. If the Planning Commission fails to act
within the time limits set forth in Section 17.16.150 the extension shall be
deemed to be approved, conditionally approved, or denied as originally
approved by the Planning Commission, insofar as the approved map
complies with all other applicable provisions of the Subdivision Map Act,
this title and the City's General Plan.
Section 17.16.180 Modifications of tentative maps
A. Tentative maps and/or their conditions of approval may be amended upon
application by the subdivider or, with consent of the subdivider by action initiated
by the Director, pursuant to this section. The applicant shall file a letter with the
October 12, 2010
Page 22 of 74
onditions of
October 12, 2010
Page 19 of 74
structure to be constructed,
and as a condition to the issuance of any building permit may require that
• the approved recommended action be incorporated into the construction
of each structure.
October 12, 2010
Page 18 of 74
or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
Director requesting that a determination be made regarding the project. The City
shall respond within thirty (30) days with its decision.
B. Minor modifications may be processed administratively without notice or public
hearing, provided that the proposed changes are consistent with the intent of the
original map approval, do not affect off-site properties, and there are no resulting
violations of this title or the Zoning Code. The following modifications are
considered minor:
1. Modifications to less than ten percent (10%) of the total number of lots in
the subdivision, provided that there is no increase or decrease in the total
number of lots within the subdivision.
2. Modifications to the horizontal alignment of two (2) feet or less, or vertical
alignment of two (2) feet or less, of any cul-de-sac, local or collector
roadway when such modification does not affect off-site property.
3. Any other changes, which in the opinion of the Director and/or City
Engineer do not involve substantial changes to the map or the conditions
of approval which do not affect off-site property.
C. Any other amendment or modification of an approved or conditionally approved
map shall be processed as a revised map, following procedures set forth in this
chapter for tentative map approval, except that such modification approval shall
not alter the original expiration date of the tentative map.
Section 17.16.190 Withdrawal of tentative map
Any subdivider wishing to withdraw a tentative map at any time prior to action thereon
by the Planning Commission or City Council shall do so in writing. If such request for
withdrawal is made prior to distribution of the map to the City departments and affected
agencies, the filing fee, less incurred staff costs shall be refunded to the subdivider.
CHAPTER 17.20 VESTING TENTATIVE MAPS
Sections:
17.20.010 Purpose
17.20.020 Applicability
• 17.20.030 Filing and processing of tentative maps
17.20.040 Application materials
17.20.050 Development rights
17.20.060 Mandatory findings for denial
17.20.070 Effective date of map approval
17.20.080 Expiration of a vesting tentative map
17.20.090 Term of vesting tentative map
17.20.100 Modifications to vesting tentative maps
17.20.110 Expiration of vesting development rights
October 12, 2010
Page 23 of 74
Commission, insofar as the approved map
complies with all other applicable provisions of the Subdivision Map Act,
this title and the City's General Plan.
Section 17.16.180 Modifications of tentative maps
A. Tentative maps and/or their conditions of approval may be amended upon
application by the subdivider or, with consent of the subdivider by action initiated
by the Director, pursuant to this section. The applicant shall file a letter with the
October 12, 2010
Page 22 of 74
onditions of
October 12, 2010
Page 19 of 74
structure to be constructed,
and as a condition to the issuance of any building permit may require that
• the approved recommended action be incorporated into the construction
of each structure.
October 12, 2010
Page 18 of 74
or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
Section 17.20.010 Purpose
The purpose of this chapter is to establish procedures for the review, approval and
administration of vesting tentative maps in accordance with the authority granted by
California Government Code Section 66498.1 et seq.
Section 17.20.020 Applicability
Whenever this title requires the filing of a tentative map or tentative parcel map, a
vesting tentative map may instead be filed in accordance with the provisions of this
chapter.
Section 17.20.030 Filing and processing of vesting tentative maps
A vesting tentative map shall be filed in the same form, shall have the same content,
accompanying data and reports and shall be processed in the same manner described
for tentative maps in Chapter 17.16, except as described in this chapter.
Section 17.20.040 Application materials
A. At the time a vesting tentative map is filed, it shall have printed conspicuously on
its face the words "Vesting Tentative Map". The application shall be submitted in
accordance with Sections 17.16.080 and 17.16.090 and accompanied by the
following additional materials:
1. A map showing division of the land for the sale of individual property, if
any;
2. Proposed off-street parking, including the location, number of stalls,
dimensions, and circulation pattern;
3. Lot dimensions and all recorded easements;
4. Locations and dimensions of proposed bicycle, pedestrian, and/or
equestrian paths;
5. Details on the height, size, and location of proposed buildings;
6. Architectural elevations, schematic plans, and materials board for
proposed building(s);
7. Areas proposed to be dedicated or reserved for parks, parkways,
playgrounds, school sites, public or quasi-public buildings, and other such
uses;
8. Areas proposed for any other uses to be established within the project;
9. Proposed location and elevations of buildings on land, including
dimensions, the size of structure, height, setback, materials, and yard
areas;
October 12, 2010
Page 24 of 74
17.20.070 Effective date of map approval
17.20.080 Expiration of a vesting tentative map
17.20.090 Term of vesting tentative map
17.20.100 Modifications to vesting tentative maps
17.20.110 Expiration of vesting development rights
October 12, 2010
Page 23 of 74
Commission, insofar as the approved map
complies with all other applicable provisions of the Subdivision Map Act,
this title and the City's General Plan.
Section 17.16.180 Modifications of tentative maps
A. Tentative maps and/or their conditions of approval may be amended upon
application by the subdivider or, with consent of the subdivider by action initiated
by the Director, pursuant to this section. The applicant shall file a letter with the
October 12, 2010
Page 22 of 74
onditions of
October 12, 2010
Page 19 of 74
structure to be constructed,
and as a condition to the issuance of any building permit may require that
• the approved recommended action be incorporated into the construction
of each structure.
October 12, 2010
Page 18 of 74
or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
10. Proposed landscaping, walls, fencing, screening, trash collection areas,
and usable open space areas;
11. If phasing is proposed, a construction schedule for the off-site
improvements to be associated with each phase; the total number of
acres in the proposed project and the number and percent thereof
designated for various uses; and the number of dwelling units proposed,
by type of dwelling unit, for each phase;
12. A detailed grading plan showing cut/fill quantities, pad elevations, typical
drainage pattern, top/toe of slope, retaining walls, with information as
required by the City Engineer; and
13. Such additional information as may be required by the Director, and/or
City Engineer.
Section 17.20.050 Development rights
A. The approval or conditional approval of a Vesting Tentative Map shall confer a
vested right to proceed with development in substantial compliance with the
ordinances, policies and standards described in California Government
Code Section 66474.2. However, if California Government. Code Section
66474.2 is repealed, the approval or conditional approval of a Vesting Tentative
Map shall confer a vested right to proceed with development in substantial
compliance with the ordinances, policies, and standards in effect at the time the
Vesting Tentative Map is approved or conditionally approved.
B. The above notwithstanding, a permit, approval, extension, or entitlement may be
made conditional or may be denied if any of the following are determined:
1. Failure to do so would place the residents of the subdivision or the
immediate community, or both, in a condition dangerous to their health or
safety, or both.
2. The condition(s) or denial is required in order to comply with State or
Federal law.
C. The provisions of this section shall not:
1. Limit the City from imposing reasonable conditions on subsequently
required approvals or permits necessary for the development and
authorized by the ordinances, policies, and standards described in
subdivision (B) of this section.
2. Diminish or alter the types of conditions, which may be imposed by the
City on a development, or the City's power to protect against a condition
dangerous to the public health or safety.
October 12, 2010
Page 25 of 74
October 12, 2010
Page 23 of 74
Commission, insofar as the approved map
complies with all other applicable provisions of the Subdivision Map Act,
this title and the City's General Plan.
Section 17.16.180 Modifications of tentative maps
A. Tentative maps and/or their conditions of approval may be amended upon
application by the subdivider or, with consent of the subdivider by action initiated
by the Director, pursuant to this section. The applicant shall file a letter with the
October 12, 2010
Page 22 of 74
onditions of
October 12, 2010
Page 19 of 74
structure to be constructed,
and as a condition to the issuance of any building permit may require that
• the approved recommended action be incorporated into the construction
of each structure.
October 12, 2010
Page 18 of 74
or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
Section 17.20.060 Mandatory findings for approval
A Vesting Tentative Map shall be approved by the City of Grand Terrace only if the City
makes all of the findings listed in Section17.16.130.
Section 17.20.070 Effective date of map approval
The effective date of a Vesting Tentative Map shall be in accordance with Section
17.16.040 of this Title.
Section 17.20.080 Expiration of a vesting tentative map
The approval or conditional approval of a vesting tentative map, or phases thereof, shall
expire twenty-four (24) months from the date the map was approved or conditionally
approved. Failure to cause a timely filing for an extension in accordance with Section
17.16.170 with the City within twenty-four (24) months after approval shall terminate all
proceedings, and any subdivision of the same land shall require the filing and
processing of a new vesting tentative map. The subdivider shall be responsible for
keeping a record as to when a map will expire.
Section 17.20.090 Term of vesting tentative map
A. Not withstanding Section 17.16.180, the initial twenty-four (24) month term of
tentative maps may be extended as follows:
1. Request by subdivider. Not more than sixty (60) calendar days before the
expiration of the tentative map, the subdivider may apply for an extension
of time not to exceed twelve (12) months. The subdivider shall file with
the Director a completed application form, pay all applicable fees, and
submit the required number of copies of the tentative map and all
supporting materials and documents required on the City's official
application form, including but not limited to, environmental analysis
pursuant to CEQA.
2. The approval authority may additionally approve a maximum of five (5)
one-year time extensions, each extension not to exceed twelve (12)
months, but may not impose additional conditions of approval.
3. If a subdivider is required to expend the amount specified in California
Government Code Section 66452.6 to construct, improve, or finance the
construction or improvement of public improvements outside the property
boundaries of the tentative map, excluding improvements of public rights
of way which abut the boundary of the property to be subdivided and
which are reasonable related to the development of that property, each
filing of a final map authorized by California Government Code Section
66456.1 shall extend the expiration of the approved or conditionally
tentative map by thirty-six (36) months from the date of its expiration or
the date of a previously-filed final map, whichever is later. The extensions
shall not extend the term of the tentative map more than ten (10) years
from its date of original approval.
October 12, 2010
Page 26 of 74
vider or, with consent of the subdivider by action initiated
by the Director, pursuant to this section. The applicant shall file a letter with the
October 12, 2010
Page 22 of 74
onditions of
October 12, 2010
Page 19 of 74
structure to be constructed,
and as a condition to the issuance of any building permit may require that
• the approved recommended action be incorporated into the construction
of each structure.
October 12, 2010
Page 18 of 74
or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
4. The subdivider, or any interested party adversely affected, may appeal
- any action of the Director related to the extension of a map to the Planning
Commission in accordance with the procedures set forth in Section
17.16.150 of this chapter. Such appeals shall be filed within ten (10) days
of final action by the Director. If the Planning Commission fails to act
within the time limits set forth in Section 17.16.150 the extension shall be
deemed to be approved, conditionally approved, or denied as originally
approved by the Planning Commission, insofar as the approved map
complies with all other applicable provisions of the Subdivision Map Act,
this title and the City's General Plan.
B. If a final map is approved prior to the expiration of the Vesting Tentative Map, the
tentative map vesting rights for the final map area shall last for the periods listed
below:
1. An initial time period of one (1) year following recordation of the final tract
map. Where several final tract maps are recorded on phases of a project
covered by a single vesting tentative map, the one (1) year time period for
each final tract map shall begin on the date of recordation of that final tract
map.
2. The initial time period set forth in the above paragraph shall be
automatically extended by any time used by the City for processing a
complete application for a grading permit or for design or architectural
review, if such processing exceeds thirty (30) days, provided however,
that such extension shall only be for the number of days in excess of thirty
(30) days.
3. If, during the two (2) year period following approval of a final tract map or
parcel map, the City receives a complete application for a building permit
and the subdivider has satisfied all requirements for the issuance of a
building permit, the right to proceed with development in accordance with
the tentative map shall continue until the expiration of the building permit.
Section 17.20.100 Modifications to vesting tentative maps
If the ordinances, policies and standards described in Government Code Section
66498.1 are changed at any time prior to the expiration of a vesting tentative map, the
subdivider, his or her successor, or his or her assignee, may apply for a modification to
such map. A public hearing shall be held by the Planning Commission on any
application involving a modification to the Vesting Tentative Map or by the development
related thereto, following procedures set forth for the modification of tentative maps
in Section 17.16.080. Approval of a modification to a Vesting Tentative Map or
development related thereto, shall be evaluated for compliance with the City
regulations, standards, and policies in effect at the time the request for modification is
deemed complete.
October 12, 2010
Page 27 of 74
. The applicant shall file a letter with the
October 12, 2010
Page 22 of 74
onditions of
October 12, 2010
Page 19 of 74
structure to be constructed,
and as a condition to the issuance of any building permit may require that
• the approved recommended action be incorporated into the construction
of each structure.
October 12, 2010
Page 18 of 74
or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
Section 17.20.110 Expiration of vested rights
A. The rights referred to herein shall expire if a final map is not filed for approval
prior to the expiration of the Vesting Tentative Map as provided in Section
17.20.090. If the final map is approved, these rights shall last for the following
periods of time beyond the recording of the final map:
1. An initial time period of one (1) year. Where several final maps are
recorded on various phases of a project covered by a single vesting
tentative tract map, this initial time period shall begin for each phase when
the final map for that phase is recorded;
2. The initial time period set forth in division A of this section shall be
automatically extended by any time used for processing a complete
application for a grading permit or for design or architectural review, if
such processing exceeds thirty (30) days, from the date a complete
application is filed.
3. A subdivider may apply for a one (1) year extension at any time before the
initial time period set forth in division A of this section expires. If the
extension is denied, the subdivider may appeal that denial pursuant to
Section 17.16.150; and
4. If the subdivider submits a complete application for a building permit
during the periods of time specified in divisions 1, 2, or 3 of this section,
the rights referred to herein shall continue until the expiration of that
permit, or any extension of that permit.
CHAPTER 17.24 COMMON INTEREST DEVELOPMENT CONVERSIONS
Sections:
17.24.010 Applicability
17.24.020 Development review required
17.24.030 Physical standards for condominium conversions
17.24.040 Tenant provisions
17.24.050 Notice to new tenants
17.24.060 Effect of conversion on the City's very low, low and moderate
income housing supply
17.24.070 Findings
Section 17.24.010 Applicability
This chapter shall apply to all conversions of existing residential real property to
condominium, community apartments, or stock cooperative projects or any other form of
ownership except conversion projects which a final or parcel map has been approved
by the City Council prior to the effective date of this chapter, or where the conversion
involved a limited equity housing cooperative as defined in California Health & Safety
Code Section 33007.5. All provisions, conditions, and further definitions of
October 12, 2010
Page 28 of 74
17.16.080. Approval of a modification to a Vesting Tentative Map or
development related thereto, shall be evaluated for compliance with the City
regulations, standards, and policies in effect at the time the request for modification is
deemed complete.
October 12, 2010
Page 27 of 74
. The applicant shall file a letter with the
October 12, 2010
Page 22 of 74
onditions of
October 12, 2010
Page 19 of 74
structure to be constructed,
and as a condition to the issuance of any building permit may require that
• the approved recommended action be incorporated into the construction
of each structure.
October 12, 2010
Page 18 of 74
or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
condominium development as approved included in the California Civil Code shall apply
to the divisions of real property as permitted herein.
Section 17.24.020 Development review required
A. In addition to the limitations and restrictions contained within this chapter, the
California Subdivision Map Act and the applicable building and fire regulations,
no residential apartment unit shall be converted for sale, transfer, or conveyance
as a community apartment project, stock cooperative project or condominium,
without concurrently obtaining approval of a conditional use permit. The
following information is required:
1. Physical elements report. A report prepared by a registered engineer or
architect or licensed qualified contractor describing the physical elements
of all structures and facilities, sound transmission levels between units,
mechanical equipment, parking facilities and appliances.
Regarding each such element, the report shall state, to the best
knowledge or estimate of the applicant, when such element was built; the
condition of each element; the cost of replacing said element; and any
variation or non-compliance of said element from the Zoning Code in
effect at the time the application is filed with the City and Building Code in
effect on the date the last building permit was issued for the subject
structure. The report shall identify any defective or unsafe elements and
set forth the proposed corrective measures to be employed.
2. A report from a licensed structural pest control operator, approved by the
City, on each structure and each unit within the structure.
3. A report on soil and geological conditions regarding soil deposits, rock
formations, faults, groundwater, and landslides in the vicinity of the project
and a statement regarding any known evidence of soil problems relating to
the structures. Reference shall be made to any previous soils reports for
the site and a copy submitted with said report.
4. A statement of repairs and improvements to be made by the subdivider
necessary to refurbish and restore the project to achieve a level of
appearance and safety consistent applicable codes and ordinances, as
specified in division (a) of this section.
5. A Declaration of Covenants, Conditions and Restrictions in draft or outline
form which would be applied to any and all owners of condominium units
within the project. The Declaration shall include, but not be limited to: the
conveyance of units; the assignment of parking; an agreement for
common area maintenance, including facilities and landscaping, together
with an estimate of any initial assessment fees anticipated for such
maintenance; description of a provision for maintenance of all utility lines
and services for each unit; and a plan for equitable sharing of communal
water metering.
October 12, 2010
Page 29 of 74
er with the
October 12, 2010
Page 22 of 74
onditions of
October 12, 2010
Page 19 of 74
structure to be constructed,
and as a condition to the issuance of any building permit may require that
• the approved recommended action be incorporated into the construction
of each structure.
October 12, 2010
Page 18 of 74
or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
6. Specific information concerning the demographic characteristics of the
project, including but not limited to the following:
a. Square footage and number of rooms in each unit;
b. Rental rate history for each unit for previous five (5) years;
c. Monthly vacancy rate for each month during preceding two (2)
years;
d. Makeup of existing tenants households, including family size,
length of residence, age of tenants, and whether receiving Federal
or State rent subsidies;
e. Proposed sale price of each unit;
f. Proposed Homeowners' Association fee;
g. Financing available; and
h. Names and addresses of all tenants.
When the subdivider can demonstrate that such information is not
available, this requirement may be modified by the Director.
7. Signed copies from each tenant of Notice of Intent to Convert, as specified
in Section 17.24.040. The subdivider shall submit evidence that a letter of
notification was sent to each tenant for whom a signed copy of said notice
is not submitted. This requirement shall be deemed satisfied if such
notices comply with legal requirements for service by mail.
8. Any other information which, in the opinion of the Director will assist in
determining whether the proposed project will be consistent with the
purposes of this chapter.
9. Submittal of budget. The subdivider shall provide the City with a copy of
the proposed budget for maintenance and operation of common facilities,
including needed reserves, with the tentative map application. The budget
shall show estimated monthly costs to the owner of each unit, projected
over a five (5) year period, or such time as is required by the Department
of Real Estate. Such budget shall be prepared or reviewed and approved
by a professional management firm experienced with management of
condominium complexes. The management firm shall submit a statement
of professional qualifications.
10. Copy to buyers. The developer shall provide each purchaser with a copy
of all submittals (in their final acceptable form) required by divisions 1, 2,
3, 4, 5, 6 and 7 above, prior to said purchaser executing any purchase
agreement or other contract to purchase a unit within the project, and the
developer shall give the purchaser sufficient time to review said
information. Copies of the submittals shall be made available at all times
October 12, 2010
Page 30 of 74
conveyance of units; the assignment of parking; an agreement for
common area maintenance, including facilities and landscaping, together
with an estimate of any initial assessment fees anticipated for such
maintenance; description of a provision for maintenance of all utility lines
and services for each unit; and a plan for equitable sharing of communal
water metering.
October 12, 2010
Page 29 of 74
er with the
October 12, 2010
Page 22 of 74
onditions of
October 12, 2010
Page 19 of 74
structure to be constructed,
and as a condition to the issuance of any building permit may require that
• the approved recommended action be incorporated into the construction
of each structure.
October 12, 2010
Page 18 of 74
or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
at the sales office and a notice indicating that such reports are available
shall be posted at various locations, as approved by the City, at the project
site. Copies shall be provided to the Homeowners' Association upon its
formation.
11. Final information submitted. Prior to entering into escrow on the first unit,
the subdivider shall submit the following information to the Community and
Economic Development Department:
a. Name, address and phone number of Homeowner's Association;
b. Actual sales price of units;
c. Actual Homeowner's Association fee;
d. Number of prior tenants who intend to purchase units; and
e. Number of units purchased with intent to be used as rentals.
B. The final form of the Physical Elements Report and other documents shall be as
approved by the City. The reports in their acceptable form shall remain on file
with the Community and Economic Development Department for review by any
interested persons until the conclusion of the conversion process. The report
shall be referenced in the subdivision report to the Planning Commission.
Section 17.24.030 Physical standards for condominium conversions
A. Adequate physical condition. To achieve the purpose of this chapter, the
Planning Commission shall require that all condominium conversions conform to
the Grand Terrace Zoning Code, in effect at the time of tentative map approval
except as otherwise provided in this chapter. In making the determination that
the project is in conformance with the Municipal Code, the following will be
required.
1. Prior to scheduling the tentative map for a public hearing, an inspection
shall -be conducted by the Building and Safety and Community and
Economic Development Departments to determine project-wide
conformance with the Grand Terrace Zoning Code and other applicable
chapters of the Municipal Code. A report of any violations shall be
included in the staff report to the Planning Commission. The subdivider
shall be responsible for the payment of any fees related to the inspection
of the project.
2. Prior to the approval of the final map, a physical inspection of the project
site, including each individual unit, shall be made by the City of Grand
Terrace Building and Safety Department and Community and Economic
Development Department. Such inspection shall be made to ensure
compliance with all applicable conditions of approval as specified in the
tentative map and conditional use permit approval. All such corrections
shall be made prior to the approval of the final or parcel map. The
October 12, 2010
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maintenance; description of a provision for maintenance of all utility lines
and services for each unit; and a plan for equitable sharing of communal
water metering.
October 12, 2010
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er with the
October 12, 2010
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onditions of
October 12, 2010
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structure to be constructed,
and as a condition to the issuance of any building permit may require that
• the approved recommended action be incorporated into the construction
of each structure.
October 12, 2010
Page 18 of 74
or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
subdivider shall be responsible for the payment of any fees related to the
inspection of the project.
B. Specific physical standards. The Planning Commission shall require
conformance with the standards of this division in approving the map:
1. Building regulations. The project shall conform to the applicable
standards of the Uniform Building Code, Uniform Plumbing Code and
Uniform Electrical Code in effect on the date that the last building permit
was issued for the subject structure or structures except as provided
herein.
2. Health and safety. Each bathroom in each living unit shall be provided
with ground fault circuit interrupters.
3. Fire prevention.
a. Smoke detectors. Each living unit shall be provided with approved
detectors of products of combustion other than heat, conforming to
the latest Code standards as adopted by the City of Grand Terrace.
b. Maintenance of fire protection systems. All fire hydrants, fire alarm
systems, portable fire extinguishers, and other protective
appliances shall be property installed and maintained in an
operable condition at all times.
4. Parking. Each unit shall be provided parking in accordance with Chapter
18.60 Offstreet Parking of the Grand Terrace Zoning Code.
5. Sound transmission.
a. Shock mounting mechanical equipment. All permanent mechanical
equipment such as motors, compressors, pumps, and compactors
which is determined by the City to be a source of structural
vibration or structure borne noise shall be shock mounted with
inertial or bases and/or vibration isolators in a manner approved by
the Building Official.
b. Noise standards. The structure shall conform to all interior and
exterior sound transmission standards of the Uniform Building Code
(UBC). In such cases where present standards cannot reasonable
be met, the Planning Commission may require the applicant to
notify potential buyers of the noise deficiency currently existing
within these units.
6. Utility metering. Each dwelling unit shall be separately metered for water,
gas, and electricity, and each unit shall have a separate lateral connection
to a trunk sanitary sewer. Alternatively, 'a plan for equitable sharing of
these utilities shall be developed prior to final map approval and included
in the Covenants, Conditions and Restrictions.
October 12, 2010
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al. All such corrections
shall be made prior to the approval of the final or parcel map. The
October 12, 2010
Page 31 of 74
maintenance; description of a provision for maintenance of all utility lines
and services for each unit; and a plan for equitable sharing of communal
water metering.
October 12, 2010
Page 29 of 74
er with the
October 12, 2010
Page 22 of 74
onditions of
October 12, 2010
Page 19 of 74
structure to be constructed,
and as a condition to the issuance of any building permit may require that
• the approved recommended action be incorporated into the construction
of each structure.
October 12, 2010
Page 18 of 74
or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
7. Private storage space. Each unit shall have at least one hundred fifty
(150) cubic feet of enclosed weather-proofed and lockable private storage
space in addition to guest linen, pantry and clothes closets customarily
provided. Such space may be provided in any location approved by the
Planning Commission, but shall not be divided into two (2) or more
locations.
8. Laundry facilities. A laundry area shall be provided in each unit; or if
common laundry areas are provided, such facilities shall consist of nor
more than one (1) automatic washer and one (1) dryer equivalent capacity
for every five (5) units with two (2) or more bedrooms; and every seven (7)
units with one (1) bedroom.
9. Landscape maintenance. All landscaping shall be restored as necessary
and maintained in accordance with approved landscape plans. If a
significant amount of new landscaping is required, revised/new landscape
plans shall be submitted and approved by the Community and Economic
Development Department as part of the conditional use permit
application. Such plans shall be subject to all applicable City Ordinances
and the Municipal Code.
10. Condition of equipment and appliance. The developer shall provide a
warranty to the buyer of each unit at the close of escrow that any
dishwashers, garbage disposals, stoves, refrigerators, hot water tanks and
air conditioners that are provided have a useful life of at least one (1)
year. At such time as the developer relinquishes control over
management of the development, pursuant to the Covenants, Conditions
and Restrictions, the developer shall provide a warranty to the Association
that any pool and pool equipment (filter, pumps, chlorinator) and any
appliances and mechanic equipment to be owned in common by the
Association have a useful life of one (1) year. Prior to final map approval,
the developer shall provide the City with a copy of Warranty Insurance
covering equipment and appliances pursuant to this subsection.
11. Refurbishing and restoration. All main buildings, structures, fences, patio
enclosures, carports, accessory buildings, sidewalks, driveways,
landscape areas, and additional elements as required by the Community
and Economic Development Department shall be refurbished and restored
as necessary to achieve a degree of appearance, quality and safety
consistent with applicable standards. The developer shall provide to the
Homeowners' Association and/or purchaser a one (1) year warranty on all
physical improvements required under this subparagraph. If substantial
restoration is required, the design plans shall be subject to Commission
approval.
12. Long term reserves. Prior to approval of the final map, the developer shall
provide satisfactory evidence to the City that a long-term reserve fund for
replacement and repair has been established in the name of the
Homeowners' Association. Such fund shall equal at least two (2) times
October 12, 2010
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and as a condition to the issuance of any building permit may require that
• the approved recommended action be incorporated into the construction
of each structure.
October 12, 2010
Page 18 of 74
or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
the estimated monthly homeowners' assessment for each dwelling unit or
an amount otherwise required by law.
Section 17.24.040 Tenant provisions
A. Notice of intent. As provided in California Government Code Section 66427.1(a),
a Notice of Intent to Convert shall be delivered by the subdivider to each tenant
at least sixty (60) days prior to submitting an application for the tentative map and
Conditional Use Permit. The written notices to tenants required by this section
shall be deemed satisfied if such notices comply with the legal requirements for
service by mail. The form of the notice shall be in the form outlined in California
Government Code Sections 66452.18 and 66452.19 and approved by the
Community and Economic Development Department and shall inform the tenants
of all rights provided under this chapter and State law.
B. Notice of public report. As provided in California Government Code Section
66427.1(a), each tenant shall receive ten (10) days written notice that an
application for a public report will be or has been submitted to the Department of
Real Estate, and that such report will be available on request from the
Community and Economic Development Department. The written notices to
tenants required by this section shall be deemed satisfied if such notices comply
with the legal requirements for service by mail.
C. Notice of final map approval. As provided in California Government
Code Section 66427.1(a), each tenant shall receive written notification within ten
(10) days of approval of a final map for the proposed conversion. The written
•
notices to tenants required by this chapter shall be deemed satisfied if such
notices comply with the legal requirements for service by mail.
D. Tenant's right to purchase. As provided in California Government Code Section
66427.1(a), any present tenant shall be given notice of an exclusive right to
contract for purchase of his or her respective unit and upon the same terms and
conditions that such unit will be initially offered to the general public or terms
more favorable to the tenant. The right shall run for a period of not less than
ninety (90),days from the date of issuance of the subdivision public report unless
the tenant gives prior written notice of his or her intention not to exercise the
right. Evidence of receipt by each tenant shall be submitted prior to approval of
the final map. The written notices to tenants required by this section shall be
deemed satisfied if such notices comply with the legal requirements for service
by mail.
E. This section shall not diminish, limit or expand, other than as provided herein, the
authority of any city, county, or city and county to approve or disapprove
condominium projects.
F. The developer shall provide suitable alternate housing to tenant households, at
no additional cost to the tenant, whose unit undergoes substantial remodeling or
rehabilitation during conversion, if the unit being remodeled or rehabilitated is not
habitable. The final determination of habitability and suitability shall be made by
October 12, 2010
Page 34 of 74
October 12, 2010
Page 18 of 74
or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
the City of Grand Terrace Building and Safety Department. The developer shall
avoid the economic displacement of non-purchasing tenants in accordance with
California Government Code Section 66427.5.
Section 17.24.050 Notice to new tenants
A. Commencing at a date not less than 60 days prior to the filing of the tentative
map and development plan applications to the City, any prospective tenants shall
be notified in writing of the intent to convert prior to leasing or renting any unit.
The form of the notice shall be as follows:
To the prospective occupant(s) of - _ (Address)
The owner(s) of this building/project, at (address), has/have filed an application
for a Tentative Map and Development Plan with the City of Grand Terrace to
convert this building to a (condominium, community apartment, or stock
cooperative project). No units may be sold in this building unless and until the
conversion is approved by the City and subsequently.a public report is issued by
the State Department of Real Estate. If you become a tenant of this building, you
shall be given notice of each hearing for which a notice is required pursuant to
California Government Code SectionSection 66451.3 and 66452.5, and you have
the right to appear and the right to be heard at such hearing.
(Signature of owner's agent)
(Dated)
I have received notice on (Date)
Prospective tenant or tenant's signature(s)
Section 17.24.060 Findings
A. Prior to approval of the tentative map and development application, the Planning
Commission shall hold a public hearing. Notice of the hearing shall be given in
accordance with California Government Code Section 65090. A copy of any staff
report shall be served by the developer on each tenant of the subject property at
least three (3) days prior to the hearing, either by personal service or by posting
the report on the front door of the unit and mailing it to the tenant. The Planning
Commission shall not approve a tentative map for conversion of apartment units
unless the Planning Commission finds that:
1. The findings contained in Section 66427.1(a) of the California Government
Code have been met.
2. All provisions of this chapter are met;
October 12, 2010
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ves prior written notice of his or her intention not to exercise the
right. Evidence of receipt by each tenant shall be submitted prior to approval of
the final map. The written notices to tenants required by this section shall be
deemed satisfied if such notices comply with the legal requirements for service
by mail.
E. This section shall not diminish, limit or expand, other than as provided herein, the
authority of any city, county, or city and county to approve or disapprove
condominium projects.
F. The developer shall provide suitable alternate housing to tenant households, at
no additional cost to the tenant, whose unit undergoes substantial remodeling or
rehabilitation during conversion, if the unit being remodeled or rehabilitated is not
habitable. The final determination of habitability and suitability shall be made by
October 12, 2010
Page 34 of 74
October 12, 2010
Page 18 of 74
or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
3. The proposed conversion is consistent with the goals, objectives, policies,
general land uses and programs specified in the Grand Terrace General
Plan including the Housing Element, and with any applicable Specific
Plan;
4. The proposed conversion is consistent with the objectives, purposes and
standards, including but not limited to parking, landscaping and open
space, of the Grand Terrace Zoning Code, and/or and applicable specific
plan;
5. The overall design, physical condition and amenities of the condominium
conversion are consistent with those associated with condominium
developments throughout the City and such elements achieve a high
degree of appearance, quality and safety;
6. There is no evidence in the public hearing record to indicate that
vacancies in the project were intentionally increased for the purposed of
preparing the project for conversion; and
7. There is no evidence in the public hearing record to indicate that tenants
have been coerced to publicly support or approve the conversion, or to
refrain from publicly opposing it, or to forgo any assistance to which they
may be entitled.
CHAPTER 17.28 FINAL MAPS AND PARCEL MAPS
Sections:
17.28.010 General
17.28.020 Submittal to and review by the City Engineer
17.28.030 Complete and timely final map filing with the City Engineer
17.28.040 Final map approval by the City Council
17.28.050 Limitation on map denial by the City Council
17.28.060 Filing with the Office of the County Recorder
17.28.070 Waiver of parcel maps by the City Engineer
17.28.080 Information to be contained on parcel maps and final maps
17.28.090 Map preparation form and content
17.28.100 Documentation to be submitted with parcel maps and final maps
17.28.110 Soils and geologic reports
17.28.120 Bearings
17.28.130 Orientation
17.28.140 Standard practices
17.28.150 Limit of error
17.28.160 Parcel map preparation
17.28.170 Parcel map and final map dedications
17.28.180 Acceptance or rejection of offers of dedication
17.28.190 Submission for certification
17.28.200 Approval by the City Engineer
17.28.210 Approval by the City Council
October 12, 2010
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right. Evidence of receipt by each tenant shall be submitted prior to approval of
the final map. The written notices to tenants required by this section shall be
deemed satisfied if such notices comply with the legal requirements for service
by mail.
E. This section shall not diminish, limit or expand, other than as provided herein, the
authority of any city, county, or city and county to approve or disapprove
condominium projects.
F. The developer shall provide suitable alternate housing to tenant households, at
no additional cost to the tenant, whose unit undergoes substantial remodeling or
rehabilitation during conversion, if the unit being remodeled or rehabilitated is not
habitable. The final determination of habitability and suitability shall be made by
October 12, 2010
Page 34 of 74
October 12, 2010
Page 18 of 74
or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
17.28.220 Filing with the County Recorder
17.28.230 Multiple final maps
17.28.240 Composite Development Plan
Section 17.28.010 General
The form, contents, accompanying data, and filing of the final tract map or parcel map
shall conform to the provisions of the Subdivision Map Act, this title and applicable
standards imposed by the County of San Bernardino for maps filed with the office of the
County Recorder. The final tract map or parcel map and any accompanying data or
additional information shall be prepared by or under the direction of a registered civil
engineer or licensed land surveyor authorized to practice in the State of California.
Section 17.28.020 Submittal to and review by the City Engineer.
A. Final and parcel map submittal and review procedures shall be pursuant to this
chapter and applicable City standards. The City Engineer shall review all final
and parcel map submittals for conformance with the provisions of this title and
may deem them incomplete and return all or portions of a submittal for reasons
which include, but are not limited to, the following: incomplete submittal or filing;
untimely submittal or filing; non-conformance with the tentative map; non-
conformance with the conditions of approval applied to the tentative map; non-
conformance with this title; non-conformance with City standards; errors on the
final tract map or parcel map, on any accompanying data, or on any additional
information, or omissions on the final tract or parcel map, on any accompanying
data, or on any additional information.
1. The City Engineer shall forward the final map or parcel map to the
Community and Economic Development Department for review. The
Community and Economic Development Department's review shall be
limited to determining that the final map or parcel map is in substantial
compliance with the approved tentative map or tentative parcel map, and
compliance with applicable planning conditions of approval.
Section 17.28.030 Complete and timely final map filing with the City Engineer
A. The City Engineer shall determine that a complete and timely final map or parcel
map filing has been made if he or she determines that, at a minimum, the
following items have been received, prior to the expiration of the tentative map:
1. Improvement plans approved by the City Engineer;
2. Complete and accepted public improvements or acceptable subdivision
improvement agreement(s) and securities;
3. Proof of payment of all applicable fees;
4. Will serve letters from all applicable utilities and agencies;
5. Non-interference letters from all applicable easement . or title interest
holders;
October 12, 2010
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unty to approve or disapprove
condominium projects.
F. The developer shall provide suitable alternate housing to tenant households, at
no additional cost to the tenant, whose unit undergoes substantial remodeling or
rehabilitation during conversion, if the unit being remodeled or rehabilitated is not
habitable. The final determination of habitability and suitability shall be made by
October 12, 2010
Page 34 of 74
October 12, 2010
Page 18 of 74
or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
6. Original and copies of all sheets of the final tract map in their required
form and content;
7. Proof of ownership of all affected properties;
8. Subdivision guarantee from a title company,'less than sixty (60) days old;
9. ' Letter from all affected property owners requesting approval of the final
tract map;
10. Small-scale map (1" = 1,000' scale) of the proposed subdivision;
11. Written clearance from all affected City departments;
12. Written clearance from all affected public agencies;
13. All applicable agreements or documents to be approved by the City
Council, or filed or recorded concurrently with the map; and
14. Proof that all additional requirements of Chapter 17.20 (Vesting Tentative
Maps) have been satisfied.
15. Compliance with applicable planning conditions of approval.
B. Upon finding all statements and submittals complete and satisfactory in
accordance with this section, the City Engineer shall sign the appropriate
statements and transmit the original map, and any other items requiring City
Council approval, to the City Clerk within twenty (20) days of receipt of a
complete filing, with a recommendation of map approval.
Section 17.28.040 Final map and parcel map approval by the City Council
A. The date the final map or parcel map shall be deemed filed with the City Council
shall be the date on which the City Clerk receives the recommendation for map
approval from the City Engineer. The City Council shall consider approval of the
subdivision improvement agreement and improvement security, and any other
required agreements, in conjunction with the approval of the map.
B. The City Council shall approve or disapprove the subdivision improvement
agreement, improvement security and final map or parcel map at the meeting at
which it receives the map or at the next regular meeting following the meeting at
which it received the map. If the City Council does not approve or disapprove the
map within this time period or any authorized extension thereof, and the map
conforms to all requirements and rulings, it shall be deemed approved. The City
Clerk shall certify or state its approval thereon.
C. The City Council shall not postpone or refuse approval of a final map or parcel
map because the subdivider has failed to meet a tentative map condition
requiring construction or installation of off-site improvements on land which
neither the subdivider nor the City has sufficient title or interest to permit the
improvements to be made. However, in such case, prior to final map approval,
October 12, 2010
Page 38 of 74
s;
October 12, 2010
Page 37 of 74
unty to approve or disapprove
condominium projects.
F. The developer shall provide suitable alternate housing to tenant households, at
no additional cost to the tenant, whose unit undergoes substantial remodeling or
rehabilitation during conversion, if the unit being remodeled or rehabilitated is not
habitable. The final determination of habitability and suitability shall be made by
October 12, 2010
Page 34 of 74
October 12, 2010
Page 18 of 74
or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
the subdivider shall be required to enter into an agreement with the City to
complete such improvements pursuant to California Government Code Section
66462 upon acquisition of said title and interest by the City. Upon entering into
such agreement, the City shall acquire the subject property interest in
accordance with the provisions of California Government Code Section 66462.5.
Failure of the subdivider to execute such an agreement shall be cause of the City
Council to refuse approval of the final map or parcel map.
Section 17.28.050 Limitation on map denial by the City Council
The City Council shall not deny approval of a final map or parcel map if the City has
previously approved a tentative map for the proposed subdivision and if the City Council
finds that the final map or parcel map is in compliance with the requirements of the
Subdivision Map Act, this section, and the,approved tentative map.
Section 17.28.060 Filing with the Office of the County Recorder
A. Upon approval of the final map or parcel map and subdivision improvement
agreement by the City Council, the City Clerk shall execute the appropriate
statement on the statement sheet, subject to the provisions of California
Government Code Section 66464, transmit the map, or cause the City Engineer
to transmit the map to the County of San Bernardino Recorder's office for filing.
The final map or parcel map and any separate documents (if required) shall be
filed concurrently.
B. If, for any cause of the subdivider, the final or parcel map is not recorded by the
San Bernardino County Recorder's office the map will be subject to the
provisions of California Government Code Section 66466(b).
Section 17.28.070 Waiver of parcel maps by the City Engineer
A. The City Engineer is authorized to waive parcel maps with the County, without
City Council approval, when the City Engineer can make the findings listed
in Section 17.12.030.
Section 17.28.080 Information to be contained on parcel maps and final maps
The provisions of this section shall govern the content and form of final and parcel
maps.
A. Map scale. The scale of the map shall be large enough to show details clearly,
but in no case shall be less than one inch (1") equals one hundred feet (100'). A
sufficient number of sheets shall be used to accomplish this end. All letter size
shall be a minimum of eight-hundredths (0.08) of an inch. A map scale of
between one inch (1") equals forty feet (40') and one inch (1") equals one
hundred feet (100'), as dictated by parcel size, may be approved by the City
Engineer. A graphical scale not less than three inches (3") in length shall be
shown in addition to the numerical scale.
October 12, 2010
Page 39 of 74
condominium projects.
F. The developer shall provide suitable alternate housing to tenant households, at
no additional cost to the tenant, whose unit undergoes substantial remodeling or
rehabilitation during conversion, if the unit being remodeled or rehabilitated is not
habitable. The final determination of habitability and suitability shall be made by
October 12, 2010
Page 34 of 74
October 12, 2010
Page 18 of 74
or her/their corporation,partnership or business entity
TS Development Agreement -25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
B. Boundary line. The exterior boundary lines of a subdivision shall be shown on
final maps and parcel maps as a black opaque ink line that is at least three (3)
times the width of any other line on the maps excluding the one inch (1") border
line.
C. Title sheets. The title sheet of a final map shall consist of a title block as provided
by division (e) of this section and all certificates, statements, acknowledgments,
and non-references required by this chapter and the Subdivision Map Act.
D. Key map. When the parcel map or final map consists of more than two (2)
sheets exclusive of the title sheet, a key map at a scale of one inch (1") equals
five hundred feet (500') with lot lines showing the relation of the sheets shall be
placed on the first map sheet. Every sheet comprising the map shall bear a
sheet number and shall indicate the total number of sheets comprising the map.
A north point shall be located on each sheet. A location map at a scale of not
less that one inch (1") equals one thousand feet (1,000') indicating the
geographical location of the proposed subdivision and the tract access roads
shall be placed on the first map sheet. With the approval of the City Engineer,
the scale of the key map may be modified.
E. Title block.. The title, showing the parcel map number or the tract number, the
date of preparation, the map scale, the designation of the latest legal subdivision
of which it is a part, together with a reference to the legal record of such
subdivision and the words "in the City of Grand Terrace" shall appear on each
sheet of the final map or parcel map.
F. Engineer's certificate. The certificate of the engineer or surveyor responsible for
the survey and the parcel map or final map containing the information required by
California Government Code SectionSection 66441 and 66449(a), shall appear
on the title sheet of the parcel map or final map.
Section 17.28.090 Map preparation form and content
A. Survey data. Final maps and parcel maps shall show: the bearings and distances.
of the centerlines of all streets; radius, arc length and central angle of all curves,
except that where arc segments of a larger curve are shown, only arc length and
central angle need to be indicated on the map for the segments; the bearings of
radial lines to each corner lot on a curve; the total width of each street, including
the portion offered for dedication, the existing right-of-way, and the width on each
side of the centerline; and the width of the right-of-way of railroads, flood control
or drainage channels, and any other easements of record. Sufficient data shall
be shown to readily determine the bearing and length of each lot line of the final
map or parcel map. Each lot or parcel shall be shown entirely on one (1) sheet
and to scale. Distances and bearings on the sidelines of any lot which are cut by
an easement shall be so shown as to indicate clearly the actual length of the lot
or parcel lines. No ditto marks shall be used. No lot in a subdivision shall be
divided b the boundary line of a city, county, or special district. The area of all
lots or parcels to be the nearest one-hundredth (1/100) of an acre if lots or
parcels are over one (1) acre shall be shown.
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
B. Street location and names. Location and names, without abbreviations, of all
existing and proposed streets and alleys and adjoining streets shall be identified
on maps.
C. Dimensions. Dimensions shall be in feet and hundredths of a foot.
D. Easements. The location on the parcel map or final map of all existing
easements as shown in the Subdivision Guarantee, and all proposed easements
which are to remain after recordation and which are not within streets in the
subdivision shall be shown by means of broken lines, together with the name of
the owner, the use of the easement and the record reference, if any. A
statement identifying any easements of record to be abandoned pursuant to
California Government Code Section 66499.20 1/2 shall be placed on the title
sheet.
E. Labeling. On lots or parcels, the widths of easements, the lengths or bearings of
the lines thereof, and sufficient ties to locate the easement shall be clearly
labeled and identified on the final map or parcel map. Regardless of lot size, a
statement as to the easements of record shall appear on the title sheet.
F. Monuments. All monuments required by the Subdivision Map Act and pursuant
to City of Grand Terrace standards shall be fully and clearly shown and identified
as such on the parcel map or final map together with sufficient information so that
an engineer or surveyor could readily locate each monument.
G. Established lines. Whenever the City Engineer has established a centerline of a
street or alley, the data shall be considered in making the surveys and in
preparing the parcel map or the final map. All monuments found shall be
indicated and proper references made to field notes or maps of public record
relating to the monuments. If the points were reset by ties, that fact shall be
stated.
H. City boundaries. City boundaries crossing or adjoining the subdivision shall be
properly designated upon the parcel map or final map and shall be properly tied
to the survey data.
Lot numbers and parcel letters. The lots on a parcel map or a final map shall be
numbered consecutively commencing with the number "one" with no omissions
or duplications, provided that, where the subdivision is a continuation of or an
addition to an existing subdivision,, the lot number shall commence with the
number immediately following the last or highest lot number of such existing
subdivision and in all other respects shall conform with the preceding
requirements. The last lot number shall be circle. All other areas, other than
streets and alleys, which are to be offered in whole for dedication on the map or
subsequent to recordation of the map and which do not meet zoning
requirements as to size and shape, are to be designated as "parcels" and
consecutively lettered. The purpose for each such parcel shall be so stated upon
the parcel map or final map.
October 12, 2010
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divided b the boundary line of a city, county, or special district. The area of all
lots or parcels to be the nearest one-hundredth (1/100) of an acre if lots or
parcels are over one (1) acre shall be shown.
October 12, 2010
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-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
Section 17.28.100 Documentation. to be submitted with parcel maps and final
maps
When a parcel map for final map is submitted to the City Engineer, it shall be
accompanied by each of the documents in this section.
A. Improvement plans. Improvement plans and specifications required by this
chapter, together with such calculations and additional information will assist the
City Engineer to properly check the improvement plans and specifications, shall
be submitted with the parcel map or final map. The form and number of sets of
such improvement plans and specifications submitted shall be as specified by the
City Engineer.
B. Improvement agreements. All agreements and improvement securities required
by the Subdivision Map Act or this chapter shall be submitted prior to the parcel
map or final map being approved by the City Council.
C. Tax collector's letter. A current letter, signed by the San Bernardino County Tax
Collector certifying that there are no liens against the subdivision, or any part
thereof, for unpaid State, county municipal, or local taxes, or special
assessments collected as taxes, except taxes or special assessments not yet
payable, and certifying the amount of taxes and assessments which are a lien,
but which are not yet payable, shall be submitted with the parcel map or final
map. A letter shall be deemed current if it is dated no more than ninety (90) days
prior to submission.
_ D. Subdivision Guarantee. A preliminary Subdivision Guarantee and a Title Report
containing the legal description of the lands being subdivided, issued by a title
company acceptable to the San Bernardino County Recorder and authorized by
the laws of the State to write the same, shall be submitted with any final tract
map or parcel map to the City Engineer for approval pursuant to this chapter. A
Subdivision Guarantee issued by a title company acceptable to the County
Recorder and authorized by the laws of the State of California to write the same,
showing the names of all persons having any record title interest in the land to be
subdivided, together with the nature of their respective interests therein, shall be
submitted with the parcel map or final map at the time of the recordation of the
map. Said Subdivision Guarantee shall be for the benefit and protection of the
City in an amount equal to the assessed value of and shall cover all lands to be
dedicated for public use and shall not be less than One Thousand Dollars
($1,000).
E. Deeds. Whenever land, easements, or rights-of-way are to be dedicated for
public use or whenever access to land, easements, or rights-of-way are to be
submitted to public agencies, all such land, easements, or rights-of —way not
dedicated or granted by the owner's certificate on the parcel map or final map
shall be submitted prior to the City's approval of the parcel map or final map.
F. Off-site easements. Written evidence, acceptable to the City Engineer, of rights-
of-entry or permanent easements on or across private property not within the
October 12, 2010
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or parcels to be the nearest one-hundredth (1/100) of an acre if lots or
parcels are over one (1) acre shall be shown.
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
proposed subdivision, as may be necessary to allow performance of the work
necessary to improve the subdivision, to allow for the maintenance of the
subdivision improvements once completed, to allow for permanent public access
to the proposed subdivision, and to allow for and to grant necessary slope rights,
shall be submitted prior to the City's approval of the parcel map or final map
except as otherwise provided in California Government Code Section 66462.5.
G. Utility statements. A statement from each operator of proposed subdivision utility
systems and cable television companies stating that the easements shown on
the parcel map or final map are satisfactory for use by that utility or company for
service to the proposed 'subdivision and that arrangements have been made to
convey such easements to the utility or company that is to use them, shall be
submitted with the parcel map or final map.
H. Stormwater acceptance easements. Written evidence of such deeds, easements,
or rights-of-way within the proposed subdivision as may be necessary to provide
for the acceptance of stormwaters generated by the proposed subdivision shall
be submitted with the parcel map or final map except as otherwise provided in
California Government Code Section 66462.5.
Railroad crossings. The certification of any affected railroad company that
satisfactory arrangements providing for all required railroad crossings have been
made shall be submitted with the parcel map or final map.
J. Dedication of easement for public use. All titles, rights and easements specified
in this chapter shall be offered for dedication to the City or other appropriate
public agency not later than the time the parcel map or final map is filed for
approval. The City Clerk shall certify on the map the action taken by the City
Council.
K. Rights-of-way. All rights-of-way for public streets and alleys, pedestrian ways,
equestrian trails, and bicycle paths shown on the parcel map or final map and all
rights-of-access to and from residential lots of the proposed subdivision abutting
on controlled access roads shall be offered free and clear of any prior easements
or rights-of-way for dedication to the City unless when otherwise determined to
be infeasible by the City Engineer. The rights-of-access to and from lots or
parcels abutting on controlled access roads and streets or public rights-of-way
shall be such that owners of such lots shall have no rights whatsoever in such
roads, except in the general right of travel which belongs to the whole public.
L. Private street easements. Easements allowing applicable governmental agencies
which provide for the public safety, health, and welfare, access on all private
streets, or lanes serving as access for more than two (2) lots, shall be offered for
dedication to the City not later than the time the parcel map or final map is filed
for approval.
M. Other easements. All other easements for public use required as a condition for
approval of the tentative map for the proposed subdivision shall be offered for
October 12, 2010
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Page 42 of 74
or parcels to be the nearest one-hundredth (1/100) of an acre if lots or
parcels are over one (1) acre shall be shown.
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
dedication to the City or other appropriate agency not later than the time the
parcel map or final map is filed for approval.
N. Consent certificate. A certificate signed and acknowledged by all parties having
record title interest in the real property subdivided, consenting to the preparation
and recordation of the final map, subject to the exceptions provided in California
Government Code Section 66436, is required unless other record title interests
made by separate instrument are recorded concurrently with the final map or
parcel map. When land is divided into four (4) or fewer parcels, where dedication
or offers of dedication are not required, the certificate shall be signed and
acknowledged by the subdivider only. However, where a subdivider does not
have a record title, ownership interest in the property to be divided, the
subdivider shall provide the City Engineer with satisfactory evidence that the
persons with record title ownership have consented to the proposed subdivision,
pursuant to California Government Code Section 66445(e), (f).
Section 17.28.110 Soils and geologic reports
A certificate signed by the engineer that prepared the soils report and by the
engineering geologist that prepared the geologic report shall be required. The
certificate shall indicate the date or dates of all geologic reports known by the geologist
prepared specifically for the subdivision and indicate that the report, or reports, are on
file for public inspection in the Building and Safety Department of the City.
Section 17.28.120 Bearings
The basis of bearings referred to on the parcel map or final map shall be a line defined
by two (2) found monuments shown on the same record shall be clearly delineated or
identified on the map. At least one (1) exterior boundary line shall be monumented prior
to recording the final map. Other monuments shall be set as required by the City
Engineer.
Section 17.28.130 Orientation
Each sheet of the parcel map or final map and lettering thereon shall be so oriented that
the north point shall be directed toward the top of the sheet or toward the left of the
sheet. The direction of the top of the sheet shall be determined by the orientation of the
title block information required pursuant to Section 17.28.080.E.
Section 17.28.140 Standard practices
All surveys and all drafting in connection with the preparation of tentative parcel maps,
parcel maps, tentative tract maps, vesting tentative tract maps, final maps and
improvement plans to be submitted pursuant to this chapter shall be done in
accordance with the standard practices and principles of drafting and land surveying as
acceptable to the City Engineer.
October 12, 2010
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reets, or lanes serving as access for more than two (2) lots, shall be offered for
dedication to the City not later than the time the parcel map or final map is filed
for approval.
M. Other easements. All other easements for public use required as a condition for
approval of the tentative map for the proposed subdivision shall be offered for
October 12, 2010
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Page 42 of 74
or parcels to be the nearest one-hundredth (1/100) of an acre if lots or
parcels are over one (1) acre shall be shown.
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
Section 17.28.150 Limit of error
A survey and traverse of the boundaries of the subdivision and all lots and blocks shall
close within a limit of error of one foot (1') in ten thousand feet (10,000') of perimeter for
field closures and one foot (1') in twenty thousand feet (20,000') for calculated closures.
Section 17.28.160 Parcel map preparation
In all cases where a parcel map is required, the parcel map shall be based upon a field
survey made in conformity with the Land Surveyors Act when required by local
ordinance, or, in absence of that requirement, shall be based either upon a field survey
made in conformity with the Land Surveyors Act or be compiled from recorded or filed
data when sufficient recorded or filed survey monumentation presently exists to enable
the retracement of the exterior boundary lines of the parcel map and the establishment
of the interior parcel or lot lines of the parcel map.
Section 17.28.170 Parcel map and final map dedications
All dedications, or offers of dedication, to the City or to a governmental agency made
pursuant to this chapter for parcel maps or final maps, shall be made by certificate on
the parcel map or final map unless made by separate instrument recorded prior to or
simultaneously with the recording of the parcel map or final map. Such dedications or
offers of dedication, whether by certificate or separate instrument, shall be signed by the
same parties and in the same manner as set forth in California Government
Code Section 66439 for dedication by a final map.
Section 17.28.180 Acceptance or rejection of offers of dedication
At the time the City Council approves a final map, it shall also accept, accept subject to
improvement, or reject any offer of dedication. The City Clerk or designee shall certify
on the map the action by the City Council. Offers of dedication shall be rejected and
terminated as provided by California Government Code Section 66477.1 and 66477.2.
Section 17.28.190 Submission for certification
Parcel maps and final maps being submitted for approval shall be first submitted to the
City Engineer who shall examine the parcel map or final map and determine whether it
is technically correct and is in full compliance with the Subdivision Map Act and this
chapter and is in substantial compliance with the approved tentative map. If the City
Engineer is satisfied as to these matters, he or she shall sign a certificate so stating. If
the City Engineer is not satisfied as to these matters, he or she shall return the parcel
map or final map to the subdivider and inform the subdivider of the deficiencies, which
have been noted. The number of copies of a final map or parcel map to be submitted
shall be as specified by the City Engineer. Prior to the execution of the City Engineer's
certificate pursuant to this section, the subdivider shall pay all required checking fees as
established by City Council resolution.
October 12, 2010
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er than the time the parcel map or final map is filed
for approval.
M. Other easements. All other easements for public use required as a condition for
approval of the tentative map for the proposed subdivision shall be offered for
October 12, 2010
Page 43 of 74
Page 42 of 74
or parcels to be the nearest one-hundredth (1/100) of an acre if lots or
parcels are over one (1) acre shall be shown.
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
Section 17.28.200 Approval by the City Engineer
Upon receipt of an approved print, the subdivider shall submit the original tracing of the
parcel map or final map, prepared in accordance with the Subdivision Map Act and this
chapter and corrected as to its final form, signed by all parties required by the
Subdivision Map Act and this chapter for approval by the City Engineer. The City
Engineer shall sign the appropriate certificates and transmit the original to the City
Clerk.
Section 17.28.210 Approval by City Council
A. Following submittal to, and certification by the City Engineer, final maps shall be
filed with the City Council for approval or disapproval. The City Council shall
consider the final map and improvement agreement at the meeting at which it
receives the map or at its next regular meeting after the meeting at which it
receives the map. The City Council shall have approved the subdivision
improvement agreement before approving the final map.
B. If the subdivision improvement agreement and final map are approved by the
City Council, it shall instruct the Mayor to execute the agreement on behalf of the
City. If the subdivision improvement agreement or final map is not in substantial
compliance with the terms and conditions of the approved tentative map, the City
Council shall recommend corrections and instruct the City Engineer to draft a
new agreement or revise the final map and defer approval until and acceptable
agreement and final map has been resubmitted.
Section 17.28.220 Filing with the County Recorder
A. Upon approval of the final map or by the City Council and receipt of the
improvement security by the City Engineer, the City Clerk shall execute the
appropriate certificate sheet and forward the final map, or have an authorized
agent forward the map, to the San Bernardino Clerk for transmittal to the San
Bernardino County Recorder.
B. Upon approval of the residential parcel map of four (4) or fewer lots by the City
Engineer and receipt of the improvement security (if applicable) by the City
Engineer, the City Clerk shall execute the appropriate certificate on the certificate
sheet and forward the parcel map, or have an authorized agent forward the map,
directly to the San Bernardino County Recorder.
Section 17.28.230 Multiple final maps
Filing multiple final maps shall be in accordance with California Government
Code Section 66456.1. Each final map which constitutes a part of the approved
tentative tract map or vesting tentative tract map shall have a separate subdivision
phase number. The subdivision improvement agreement to be executed by the
subdivider shall include provisions for the construction of such improvements as may be
required by the Director and City Engineer to constitute a logical and orderly
development of the whole subdivision by phases and each phase shall be functionally
self-sufficient.
October 12, 2010
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approval of the tentative map for the proposed subdivision shall be offered for
October 12, 2010
Page 43 of 74
Page 42 of 74
or parcels to be the nearest one-hundredth (1/100) of an acre if lots or
parcels are over one (1) acre shall be shown.
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
Section 17.28.240 Composite Development Plan
(/ A. The Planning Commission may require the filing of additional information in the
form of a composite development plan (CDP), as part of the filing of a final or
parcel map.
B. The content and form of composite development plans shall be governed by the
provisions of this section and composite development plan standards established
by the City Engineer. The composite development plan shall be prepared under
the direction of a registered civil engineer or land surveyor and shall be in the
form of an additional sheet or sheets adequately representing the streets,
boundaries and lots or parcels of the final or parcel map to which it is attached
and shall include the following provisions.
1. All composite development plan sheets shall be prominently labeled, with
the words "COMPOSITE DEVELOPMENT PLAN," and immediately below
that shall be prominently labeled the words "For Informational Purposes
Only."
2. The plan shall contain a section titled "Composite Development Plan
Notes." This section shall list any conditions or mitigation measures
stipulated in the project approval for the development of the subject
property. Any explanatory notes related to criteria delineated on the map
shall also be listed within this section. In addition, any related reports
regarding development criteria shall be listed, including the following
information: title and date of report; name and credentials of person or firm
preparing report; and, the location where the reports are on file. The plan
shall delineate and note, at a minimum, the following information: general
zoning and land use information (e.g., building setback lines and restricted
use areas); geological and seismic information (e.g., fault zones, setback
lines, and special foundation and restriction areas); grading information
(e.g., top and toe of slope, slope heights and steepness and restriction
areas); flood hazard and flood control information (e.g., flood hazard areas
and depths and flood control facilities); access limitations; and all
easements and ground leases, with record data, not plotted elsewhere on
the final or parcel map. In addition, the City Engineer, in consultation with
the Director of Planning, may require that additional information be shown
on the CDP, including but not limited to: incorporation of any special map
requirements; and environmental information (e.g., wetland areas,
ecologically sensitive areas, and areas restricted from development). The
following statement shall be prominently displayed on each map sheet:
COMPOSITE DEVELOPMENT PLAN
NOTES ON THIS PLAN ARE FOR INFORMATIONAL PURPOSES, TO INDICATE
CONDITIONS AND CRITERIA THAT EXIST ON THIS PROPERTY THAT WERE
KNOWN AND IDENTIFIED AS OF THE DATE THIS PLAN WAS FILED. THIS
INFORMATION IS DERIVED FROM PUBLIC RECORDS OR REPORTS AND IS NOT
October 12, 2010
Page 47 of 74
fficient.
October 12, 2010
Page 46 of 74
approval of the tentative map for the proposed subdivision shall be offered for
October 12, 2010
Page 43 of 74
Page 42 of 74
or parcels to be the nearest one-hundredth (1/100) of an acre if lots or
parcels are over one (1) acre shall be shown.
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
INTENDED TO AFFECT RECORD TITLE INTEREST. THE CORRECTNESS OR
SUFFICIENCY OF THESE PUBLIC RECORDS OR REPORTS IS NEITHER STATED
NOR IMPLIED.
C. Should any correction and amendment to a final or parcel map be made that
affects the composite development plan, then the applicant shall file with the City
Engineer a corrected copy of the composite development plan. The City
Engineer is authorized to approve amended composite development plans when
they do not adversely impact the conditions of approval and the amendment is in
substantial compliance with the conditions of approval of the tentative or parcel
map.
CHAPTER 17.32 LOT LINE ADJUSTMENTS
Sections:
Section 17.32.010 Purpose and intent
Section 17.32.020 Applicability
Section 17.32.030 Filing of lot line adjustments
Section 17.32.040 Evaluation criteria
Section 17.32.050 Processing procedures
Section 17.32.060 Conditions of approval
Section 17.32.070 Expiration of lot line adjustments
Section 17.32.080 Appeals
Section 17.32.010 Purpose and intent
This chapter establishes procedures for adjusting the boundary lines between four (4) or
fewer existing parcels.
Section 17.32.020 Applicability
Lot line adjustment may be utilized to reconfigure four (4) or fewer existing adjoining lots
into sizes or shapes appropriate for desired uses.
Section 17.32.030 Filing of lot line adjustments
Requests for lot line adjustment shall be filed with the Department on an approved City
application form.
Section 17.32.040 Evaluation criteria
The following conditions shall be met:
A. The adjustment is between four (4) or fewer existing adjoining parcels;
B. The adjustment does not create a greater number of parcels than originally
existed;
C. The adjustment does not impair any existing access or create a need for access
to any adjacent lots or parcels;
October 12, 2010
Page 48 of 74
d restriction
areas); flood hazard and flood control information (e.g., flood hazard areas
and depths and flood control facilities); access limitations; and all
easements and ground leases, with record data, not plotted elsewhere on
the final or parcel map. In addition, the City Engineer, in consultation with
the Director of Planning, may require that additional information be shown
on the CDP, including but not limited to: incorporation of any special map
requirements; and environmental information (e.g., wetland areas,
ecologically sensitive areas, and areas restricted from development). The
following statement shall be prominently displayed on each map sheet:
COMPOSITE DEVELOPMENT PLAN
NOTES ON THIS PLAN ARE FOR INFORMATIONAL PURPOSES, TO INDICATE
CONDITIONS AND CRITERIA THAT EXIST ON THIS PROPERTY THAT WERE
KNOWN AND IDENTIFIED AS OF THE DATE THIS PLAN WAS FILED. THIS
INFORMATION IS DERIVED FROM PUBLIC RECORDS OR REPORTS AND IS NOT
October 12, 2010
Page 47 of 74
fficient.
October 12, 2010
Page 46 of 74
approval of the tentative map for the proposed subdivision shall be offered for
October 12, 2010
Page 43 of 74
Page 42 of 74
or parcels to be the nearest one-hundredth (1/100) of an acre if lots or
parcels are over one (1) acre shall be shown.
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
D. The adjustment does not impair any existing easements or create a need for any
new easements serving adjacent lots or parcels;
E. The resulting lot(s) conform to the City's General Plan, Zoning Code and building
codes;
F. The adjustment does not cause existing uses of the property to be out of
compliance with any provisions of the Municipal Code;
G. All lots involved are legal lots.
Section 17.32.050 Processing procedures
A. Lot line adjustment applications filed with the City shall include the following:
1. A completed application;
2. Preliminary title report;
3. Current deeds;
4. New legal descriptions and corresponding revised deeds;
5. A plot plan or record of survey map showing the location of the old and
new lot lines;
6. Any other information determined to be necessary for review of the
proposed work; and
7. Required fee(s).
B. The City, shall determine the completeness of the application within thirty (30)
days of its submittal. Once the application has been determined complete, the
Director shall distribute the lot line adjustment request for review and comment to
other appropriate departments or agencies.
C. Within thirty (30) days of a determination that the application is complete, the
Director shall either approve the lot line adjustment, approve with conditions, or
deny the lot line adjustment and forward the lot line adjustment for technical
review to the City Engineer.
D. The applicant shall provide the City Engineer with new grant deeds, which reflect
the approved lot line adjustment. The City Engineer shall record new grant
deeds and provide copies to the applicant.
E. Upon approval or conditional approval of the lot line adjustment and receipt by
the City of recorded deeds reflecting the new configuration, the City Engineer
shall issue either a Certificate of Compliance or a Conditional Certificate of
Compliance as required, indicating the City's acceptance and approval of the
request and record said documents with the San Bernardino County Recorder's
Office.
October 12, 2010
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r, in consultation with
the Director of Planning, may require that additional information be shown
on the CDP, including but not limited to: incorporation of any special map
requirements; and environmental information (e.g., wetland areas,
ecologically sensitive areas, and areas restricted from development). The
following statement shall be prominently displayed on each map sheet:
COMPOSITE DEVELOPMENT PLAN
NOTES ON THIS PLAN ARE FOR INFORMATIONAL PURPOSES, TO INDICATE
CONDITIONS AND CRITERIA THAT EXIST ON THIS PROPERTY THAT WERE
KNOWN AND IDENTIFIED AS OF THE DATE THIS PLAN WAS FILED. THIS
INFORMATION IS DERIVED FROM PUBLIC RECORDS OR REPORTS AND IS NOT
October 12, 2010
Page 47 of 74
fficient.
October 12, 2010
Page 46 of 74
approval of the tentative map for the proposed subdivision shall be offered for
October 12, 2010
Page 43 of 74
Page 42 of 74
or parcels to be the nearest one-hundredth (1/100) of an acre if lots or
parcels are over one (1) acre shall be shown.
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
Section 17.32.060 Conditions of approval
The Director may not impose conditions or exactions on the approval of a lot line
adjustment except:
A. To conform with zoning and building codes;
B. To require the prepayment of real property taxes prior to the approval of the lot
line adjustment;
C. To ensure legal and physical access is provided to effected lots; and
D. To facilitate the relocation of existing utilities, infrastructure or easements.
Section 17.32.070 Expiration of lot line adjustments
A lot line adjustment which has not been recorded shall expire within twelve (12)
months of the date of approval or conditional approval, except for any time extension
granted by the Director, and shall terminate all proceedings. Before a lot line
adjustment, may thereafter be recorded, a new lot line adjustment shall be processed in
accordance with the provisions of this chapter.
Section 17.32.080 Appeals
All appeals shall be processed as provided in Section 17.16.150 if this title.
CHAPTER 17.36 MERGER OF CONTIGUOUS PARCELS
Sections:
Section 17.36.010 Purpose
Section 17.36.020 When parcels may be merged
Section 17.36.030 City initiated merger
Section 17.36.040 Property owner requested merger
Section 17.36.050 Effective date of merger
Section 17.36.060 Expiration of mergers
Section 17.36.070 Appeals
Section 17.36.010 Purpose
The purpose of this chapter is to provide procedures by which the City may require or
provide the merger of contiguous parcels under common ownership. This chapter has
been adopted in compliance with the provisions of Section 66451.11 of the Subdivision
Map Act and complies with the provisions of Sections 66451.10 through 66451.21, of
the Subdivision Map Act, which provides the City with authority for the merger of
contiguous parcels.
Section 17.36.020 When parcels may be merged
The Director or the owner of any contiguous parcel may initiate the merger of any
parcel. The Director, Planning Commission or City Council may require the owner of
October 12, 2010
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request and record said documents with the San Bernardino County Recorder's
Office.
October 12, 2010
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r, in consultation with
the Director of Planning, may require that additional information be shown
on the CDP, including but not limited to: incorporation of any special map
requirements; and environmental information (e.g., wetland areas,
ecologically sensitive areas, and areas restricted from development). The
following statement shall be prominently displayed on each map sheet:
COMPOSITE DEVELOPMENT PLAN
NOTES ON THIS PLAN ARE FOR INFORMATIONAL PURPOSES, TO INDICATE
CONDITIONS AND CRITERIA THAT EXIST ON THIS PROPERTY THAT WERE
KNOWN AND IDENTIFIED AS OF THE DATE THIS PLAN WAS FILED. THIS
INFORMATION IS DERIVED FROM PUBLIC RECORDS OR REPORTS AND IS NOT
October 12, 2010
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fficient.
October 12, 2010
Page 46 of 74
approval of the tentative map for the proposed subdivision shall be offered for
October 12, 2010
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Page 42 of 74
or parcels to be the nearest one-hundredth (1/100) of an acre if lots or
parcels are over one (1) acre shall be shown.
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
any contiguous parcel to request the merger of any or all contiguous parcels within the
City in conjunction with the approval of any Site and Architectural Review or Conditional
Use Permit of the Zoning Code.
Section 17.36.030 City initiated merger
A. Merger requirements. The merger of a parcel with a contiguous parcel(s) may
only occur if all the following requirements are satisfied:
1. Any contiguous parcels are held by the same owner or owners;
2. That at least one (1) of the affected parcels is undeveloped and does not
contain a structure for which a building permit was not required at the time
of construction, or is developed only with an accessory structure or other
structure which is sited or partially sited on a contiguous parcel.;
3. That one (1) or more of the following conditions applies to any affected
parcel:
a. At least one (1) of the parcel(s) involved comprises less than five
thousand (5,000) square feet in area at the time of the
determination of merger;
b. The parcel was not legally created in compliance with applicable
laws and ordinances in effect at the time of its establishment;
c. The parcel does not meet slope stability standards;
d. The parcel does not meet current standards for sewage disposal
and domestic water supply;
e. The parcel has no legal access, which is adequate for motor
vehicles or safety equipment;
f. The development of the parcel would create health and safety
hazards;
g. The parcel is inconsistent with the City's General Plan; any
approved Specific Plan, or the provisions of the City's Zoning Code;
h. A lot line passes through a structure within a development project
that has been approved pursuant to the Zoning Code.
4. That the parcels when merged will not:
a. Be inconsistent or create a conflict with the Zoning Code or General
Plan, or any approved Specific Plan;
b. Create a conflict with the location of any existing structures;
c. Deprive or restrict another parcel of access;
October 12, 2010
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the San Bernardino County Recorder's
Office.
October 12, 2010
Page 49 of 74
r, in consultation with
the Director of Planning, may require that additional information be shown
on the CDP, including but not limited to: incorporation of any special map
requirements; and environmental information (e.g., wetland areas,
ecologically sensitive areas, and areas restricted from development). The
following statement shall be prominently displayed on each map sheet:
COMPOSITE DEVELOPMENT PLAN
NOTES ON THIS PLAN ARE FOR INFORMATIONAL PURPOSES, TO INDICATE
CONDITIONS AND CRITERIA THAT EXIST ON THIS PROPERTY THAT WERE
KNOWN AND IDENTIFIED AS OF THE DATE THIS PLAN WAS FILED. THIS
INFORMATION IS DERIVED FROM PUBLIC RECORDS OR REPORTS AND IS NOT
October 12, 2010
Page 47 of 74
fficient.
October 12, 2010
Page 46 of 74
approval of the tentative map for the proposed subdivision shall be offered for
October 12, 2010
Page 43 of 74
Page 42 of 74
or parcels to be the nearest one-hundredth (1/100) of an acre if lots or
parcels are over one (1) acre shall be shown.
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
d. Create new lot lines.
B. Prior to merging any contiguous parcels, the Director shall, by certified mail to the
property owner(s) of record at the address shown on the latest available
assessment roll of the County of San Bernardino, mail Notice of Intent to Merge
which notifies the owner(s) that the affected parcels may be merged pursuant to
the provisions of the section. The notice shall include the statement that the
owner(s) will be given the opportunity to request a hearing and to present
evidence that the proposed contiguous parcel merger does not meet the criteria
for a merger. For the purpose of this chapter, a property owner is any person
holding any portion of the title for any involved property.
C. The Notice of Intent to Merge shall be recorded with the San Bernardino County
Recorder of the date that the notice is given to all property owner(s) of record.
D. Within thirty (30) days of the recordation of the Notice of Intent to Merge, the
owner of the affected property must file a request for a hearing regarding the
proposed merger, with the Department.
1. If the owner of the affected property does not file a request for a hearing
within the thirty (30) day time period specified above, the Director shall
determine whether or not to .merge the contiguous parcels. To merge
contiguous parcels the Director shall make the following findings:
a. The merged parcel complies with the appropriate provisions of the
Subdivision Map Act and all applicable City requirements for the
merging of contiguous parcels;
b. The merged parcel does not adversely affect the purpose and
intent of the City's General Plan or the public health, safety and
welfare.
2. If the owner of the affected property requests a hearing on the merger,
then the Planning Commission, after a hearing, shall make the
determination whether or not the affected parcels are or are not to be
merged.
E. The Director shall set a time, date, and location for the hearing upon receiving a
request for a hearing from the property owner of the affected property or on the
thirty-first (31st) day following the recordation of the Notice of Intent to Merge.
The hearing shall be conducted within sixty (60) days following the receipt of the
owner's request, but may be continued with the mutual consent of the Planning
Commission and the property owner.
F. At the hearing the property owner shall be given the opportunity to present
evidence that the affected property does not meet the merger requirements set
forth Section 17.36.030 of this chapter. At the conclusion of the hearing, the
Planning Commission shall make a determination to whether the affected parcels
are to be merged or not to be merged. To merge contiguous parcels the
Planning Commission shall make the following findings:
October 12, 2010
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Page 47 of 74
fficient.
October 12, 2010
Page 46 of 74
approval of the tentative map for the proposed subdivision shall be offered for
October 12, 2010
Page 43 of 74
Page 42 of 74
or parcels to be the nearest one-hundredth (1/100) of an acre if lots or
parcels are over one (1) acre shall be shown.
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
1. The merged parcel complies with the appropriate provisions of the
Subdivision Map Act and all applicable City Requirements for the merging
of contiguous parcels;
2. The merged parcel does not adversely affect the purpose and intent of the
City's General Plan or the public health, safety and welfare.
G. If the Planning Commission determines that the subject parcels shall be merged,
it shall cause the Notice of Intent to Merge to be recorded as provided for in
California Government Code Section 66451.12. If notification cannot be made at
the time of the hearing to the parcel owner in person, notification shall be made
by certified mail. The Commission shall notify the owner of its determination no
later than five (5) working days after the conclusion of the hearing.
H. If the Planning Commission determines that the parcels should not be merged,
the Commission shall instruct the Director to release the Notification of Intent to
Merge and mail a copy of the release to the property owner.
Section 17.36.040 Property owner requested merger
A. Requirements. A voluntary merger of lots may be requested by an applicant. A
lot may be merged with one (1) or more contiguous lots held by the same owner
if any one (1) of the contiguous lots held by the same owner does not conform to
standards for minimum lot size or dimension specified by the applicable land use
district or if at least one (1) such lot meets one (1) or more of the requirements
specified in Section 17.36.030A. 3.
B. When the owner or owners of record of any contiguous parcel requests the
merger of four (4) or fewer contiguous parcels, application shall be made on the
forms and in the manner specified by the Director.
C. Within thirty (30) days of the application to merge parcels, the Director shall
determine whether the affected parcels are to be merged. To merge contiguous
parcels the Director shall make the following findings:
1. The merged parcel complies with the appropriate provisions of the
Subdivision Map Act and all applicable City requirements for the merging
of contiguous parcels;
2. The merged parcel does not adversely affect the purpose and intent of the
City's General Plan or the public health, safety and welfare.
D. If the Director determines that the subject parcels shall be merged, the Director
shall notify the City Engineer.
E. Once notified by the Director, the City Engineer shall cause the Notice of Merger
to be recorded as provided for in California Government Code Section 66451.12.
F. If the Director determines that the parcels should not be merged, the Director
shall notify the property owner.
October 12, 2010
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cels
are to be merged or not to be merged. To merge contiguous parcels the
Planning Commission shall make the following findings:
October 12, 2010
Page 52 of 74
Page 47 of 74
fficient.
October 12, 2010
Page 46 of 74
approval of the tentative map for the proposed subdivision shall be offered for
October 12, 2010
Page 43 of 74
Page 42 of 74
or parcels to be the nearest one-hundredth (1/100) of an acre if lots or
parcels are over one (1) acre shall be shown.
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
Section 17.36.050 Effective date of merger
The merger of any contiguous parcels shall become effective upon recordation of the
Notice of Merger with the County Recorder. The Notice of Merger shall specify the date
of the Director's determination, the names of the recorded owners, and a legal
description of the properties.
Section 17.36.060 Expiration of lot merger
A merger which has not been recorded shall expire within twelve (12) months of the
date of approval or conditional approval, except for any time extension granted by the
approving authority, and shall terminate all proceedings. Before a merger, may
thereafter be recorded, a new merger shall be processed in accordance with the
provisions of this chapter.
Section 17.36.070 Appeals
All appeals shall be processed as provided in Section 17.16.150 of this title
CHAPTER 17.40 REVERSION TO ACREAGE
Sections:
Section 17.40.010 Reversion requirements
Section 17.40.020 Initiation of proceedings by owners
Section 17.40.030 Initiation of proceedings by the City Council
Section 17.40.040 Data for reversion to acreage
Section 17.40.050 Proceedings before the City Council
Section 17.40.060 Required findings
Section 17.40.070 Re-filing of parcel maps
Section 17.40.080 Return of fees and deposits, and release of securities
Section 17.40.090 Merger and re-subdividing without reversion
Section 17.40.010 Reversion requirements
Subdivided property may be reverted to acreage pursuant to the provisions of the
Subdivision Map Act and this chapter. This chapter shall apply to final maps and parcel
maps.
Section 17.40.020 Initiation of proceedings by owners
Initiation shall be by petition pursuant to California Government Code Section 66499.12.
The petition shall be in a form prescribed by the Director and shall contain the
information required by the Subdivision Map Act and such other information as specified
by the Director.
Section 17.40.030 Initiation of proceedings by the City Council
The City Council at the request of all of the owners of record of the real property within
the subdivision or on its own motion may, by resolution, initiate proceedings to revert
October 12, 2010
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neral Plan or the public health, safety and welfare.
D. If the Director determines that the subject parcels shall be merged, the Director
shall notify the City Engineer.
E. Once notified by the Director, the City Engineer shall cause the Notice of Merger
to be recorded as provided for in California Government Code Section 66451.12.
F. If the Director determines that the parcels should not be merged, the Director
shall notify the property owner.
October 12, 2010
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cels
are to be merged or not to be merged. To merge contiguous parcels the
Planning Commission shall make the following findings:
October 12, 2010
Page 52 of 74
Page 47 of 74
fficient.
October 12, 2010
Page 46 of 74
approval of the tentative map for the proposed subdivision shall be offered for
October 12, 2010
Page 43 of 74
Page 42 of 74
or parcels to be the nearest one-hundredth (1/100) of an acre if lots or
parcels are over one (1) acre shall be shown.
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
subdivided property to acreage. The resolution of the City Council shall direct the
Director to obtain all information necessary to accomplish the proposed reversion.
Section 17.40.040 Data for reversion to acreage
The petition shall contain, but not limited to, the following:
A. Adequate evidence of title to the real property within the subdivision;
B. Evidence sufficient to enable the City Council or the Director to make all of the
determinations and findings required by California Government Code Section
66499.16;
C. A final map or parcel map in the form prescribed in this chapter which delineates
dedications which will not be vacated and dedications which will be required as a
condition of reversion; and
D. Such other pertinent information as may be required by this title.
Section 17.40.050 Proceedings before the City Council
A public hearing on the proposed reversion to acreage shall be held before the City
Council pursuant to California Government Code Section 66451.3.
Section 17.40.060 Required findings
Subdivided real property may be reverted to acreage only if the City Council can make
findings in accordance with California Government Code Section 66499.16.
Section 17.40.070 Re-filing of parcel maps
A. Any parcel map submitted for the purpose of reverting to acreage shall be
accompanied by:
1. Evidence of title;
2. Non-use or lack of necessity of any streets or easements which are to be
vacated or abandoned; and
3. A parcel map in a form acceptable to the City Engineer, which delineates
any streets or easements, which are to remain in effect after the
reversion. After approval of the reversion by the Planning Commission
and City Engineer, the map shall be delivered to the County Recorder.
B. The filing of the map shall constitute legal reversion to acreage of the land
affected thereby, and shall also constitute abandonment of all streets and
easements not shown on the parcel map. The filing of the map shall also
constitute a merger of the separate parcels into one (1) parcel for the purposes of
this title and the Subdivision Map Act and shall thereby be shown as such on the
assessment roll subject to the provisions of California Government Code Section
66445.
October 12, 2010
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Director
shall notify the City Engineer.
E. Once notified by the Director, the City Engineer shall cause the Notice of Merger
to be recorded as provided for in California Government Code Section 66451.12.
F. If the Director determines that the parcels should not be merged, the Director
shall notify the property owner.
October 12, 2010
Page 53 of 74
cels
are to be merged or not to be merged. To merge contiguous parcels the
Planning Commission shall make the following findings:
October 12, 2010
Page 52 of 74
Page 47 of 74
fficient.
October 12, 2010
Page 46 of 74
approval of the tentative map for the proposed subdivision shall be offered for
October 12, 2010
Page 43 of 74
Page 42 of 74
or parcels to be the nearest one-hundredth (1/100) of an acre if lots or
parcels are over one (1) acre shall be shown.
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
C. Except as provided in California Government Code Section 66445(f) on any
parcel map used for reverting acreage, a certificate shall appear signed and
acknowledged by all parties having any record title interest in the land being
reverted consenting to the preparation and filing of the parcel map.
Section 17.40.080 Return of fees and deposits, and release of securities
Return of fees and deposits, and release of securities shall be in accordance with
California Government Code Section 66499.19.
Section 17.40.090 Merger and re-subdividing without reversion
Subdivided lands may be merged and re-subdivided without reverting to acreage by
complying with all the applicable requirements for the subdivision of land as provided by
this title and the Subdivision Map Act. The filing of the final map or parcel map shall
constitute legal merging of the parcels into one (1) parcel, and the re-subdivision of
such parcel, and the real property shall thereafter be shown with the new lot or parcel
boundaries on the assessment roll. Any unused fees or deposits previously. made
pertaining to the property.shall be credited pro rata towards any of the requirements for
the same purposes, which are applicable at the time of re-subdivision. Any streets or
easements to be left in effect after the re-subdivision shall be adequately delineated on
the map. After approval of the merger and re-subdivision the map shall be delivered to
the San Bernardino County Recorder. The filing of the map shall constitute legal
merger and re-subdivision of the land affected thereby, and shall also constitute
abandonment of all streets and easements not shown on the map.
CHAPTER 17.44 CERTIFICATE OF COMPLIANCE
Sections:
Section 17.44.010 Purpose
Section 17.44.020 Applicability
Section 17.44.030 Filing procedures
Section 17.44.040 Review and processing procedures
Section 17.44.050 Underground utilities
Section 17.44.060 Drainage easements
Section 17.44.010 Purpose
Certificates of Compliance provide a means for conferring legal status to parcels of.land
which were not created by legal means and shall be issued in accordance with
California Government Code Section 66499.35 and this chapter.
Section 17.44.020 Applicability
This chapter applies to parcels of land for which there is no final tract map, parcel map,
official map, or approved certificate of exception which establish legal status for the
parcels. October 12, 2010
Page 56 of 74
to be recorded as provided for in California Government Code Section 66451.12.
F. If the Director determines that the parcels should not be merged, the Director
shall notify the property owner.
October 12, 2010
Page 53 of 74
cels
are to be merged or not to be merged. To merge contiguous parcels the
Planning Commission shall make the following findings:
October 12, 2010
Page 52 of 74
Page 47 of 74
fficient.
October 12, 2010
Page 46 of 74
approval of the tentative map for the proposed subdivision shall be offered for
October 12, 2010
Page 43 of 74
Page 42 of 74
or parcels to be the nearest one-hundredth (1/100) of an acre if lots or
parcels are over one (1) acre shall be shown.
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
Section 17.44.030 Filing procedures
Requests for Certificates of Compliance shall be filed with the City Engineer on an
approved City application form and shall be accompanied by all required application
materials.
Section 17.44.040 Review and processing procedures
The City shall review the application and shall review a Certificate of Compliance or a
Conditional Certificate of Compliance. The determination shall be based on the
following criteria:
A. A Certificate of Compliance shall be issued for any parcel which meets the
following criteria:
1. The parcels resulted from a division of the land in which fewer than five (5)
parcels were created; and
2. At the time of creation of parcels, there was no local ordinance regulating
the division of land.
B. A Certificate of Compliance shall be issued for any real property, which has been
approved for development pursuant to California Government Code Section
66499.34.
C. A Conditional Certificate of Compliance shall be issued for any parcel which does
not, or at the time of creation did not, comply with the provision of State or local
ordinances regulating the division of land. A Conditional Certificate of
Compliance may include the conditions as follows:
1. If the subdivider was not the owner of record at the time of the initial land
division, the conditional Certificate of Compliance may impose conditions
which would have been applicable to a division of land on the date the
subdivider acquired the property.
2. If the subdivider was the owner of record at the time of the initial land
division and currently owns one (1) or more of the parcels involved in the
land division, the conditional Certificate of Compliance may impose
conditions which would be applicable to a current division of land.
D. The City Engineer shall file the completed Conditional Certificate of Compliance
with the San Bernardino County Recorder's Office.
Section 17.44.050 Underground utilities
The undergrounding of utilities shall be required as provided in Section 17.52.090 of this
title.
October 12, 2010
Page 57 of 74
ornia Government Code Section 66499.35 and this chapter.
Section 17.44.020 Applicability
This chapter applies to parcels of land for which there is no final tract map, parcel map,
official map, or approved certificate of exception which establish legal status for the
parcels. October 12, 2010
Page 56 of 74
to be recorded as provided for in California Government Code Section 66451.12.
F. If the Director determines that the parcels should not be merged, the Director
shall notify the property owner.
October 12, 2010
Page 53 of 74
cels
are to be merged or not to be merged. To merge contiguous parcels the
Planning Commission shall make the following findings:
October 12, 2010
Page 52 of 74
Page 47 of 74
fficient.
October 12, 2010
Page 46 of 74
approval of the tentative map for the proposed subdivision shall be offered for
October 12, 2010
Page 43 of 74
Page 42 of 74
or parcels to be the nearest one-hundredth (1/100) of an acre if lots or
parcels are over one (1) acre shall be shown.
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
Section 17.44.060 Drainage easements
The design of a proposed subdivision shall provide for the proper drainage of the
proposed subdivision and all lots and improvements therein, based on the runoff that
can be anticipated from ultimate development of the watershed area in which the
subdivision is located. Stormwater detention measures shall be provided when required
by the City Engineer to reduce any adverse effects of increased runoff from
development on downstream properties.
Section 17.44.070 Utilities
All utilities shall be required as provided for in chapter 17.52 of this title.
CHAPTER 17.48 . CORRECTION AND AMENDMENT OF MAP
Sections:
Section 17.48.010 Amendments permissible with certificate of correction or amending
map
Section 17.48.020 Submittal and approval of amending map by City Engineer
Section 17.48.030 Certificate of Correction
Section 17.48.040 Form and content of amendment
Section 17.48.050 Submittal and approval of Certificate of Correction by the City
Engineer
Section 17.48.060 Filing with the County Recorder
Section 17.48.010 Amendments permissible with Certificate of Correction or
amending map
Amendments permissible with a Certificate of Correction or an amending map shall be
in conformance with California Government Code Section 66469 and the Subdivision
Map Act.
Section 17.48.020 Submittal and approval of amending map by City Engineer
The amending map, complete as to final form, shall be submitted to the City Engineer
for review and approval. The City Engineer shall examine the amending map and if the
only changes made are those set forth in this title, shall certify this fact on the amending
map.
Section 17.48.030 Certificate of Correction
After a final map or parcel map is filed in the office of the County Recorder, it may be
amended by a Certificate of Correction for any of the following purposes:
A. To correct an error in any course or distance shown on the map;
B. To show any course or distance that was omitted from the map;
C. To correct an error in the description of the real property shown on the map;
October 12, 2010
Page 58 of 74
74
ornia Government Code Section 66499.35 and this chapter.
Section 17.44.020 Applicability
This chapter applies to parcels of land for which there is no final tract map, parcel map,
official map, or approved certificate of exception which establish legal status for the
parcels. October 12, 2010
Page 56 of 74
to be recorded as provided for in California Government Code Section 66451.12.
F. If the Director determines that the parcels should not be merged, the Director
shall notify the property owner.
October 12, 2010
Page 53 of 74
cels
are to be merged or not to be merged. To merge contiguous parcels the
Planning Commission shall make the following findings:
October 12, 2010
Page 52 of 74
Page 47 of 74
fficient.
October 12, 2010
Page 46 of 74
approval of the tentative map for the proposed subdivision shall be offered for
October 12, 2010
Page 43 of 74
Page 42 of 74
or parcels to be the nearest one-hundredth (1/100) of an acre if lots or
parcels are over one (1) acre shall be shown.
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
D. To indicate monuments set after the death, disability, and retirement from
practice or replacement of the engineer or surveyor charged with responsibilities
for setting monuments;
E. To show the proper location or character of any monument that has been
changed in location or character, or originally was shown at the wrong location or
incorrectly as to its character;
F. To correct any other type of map error or omission as approved by the City
Engineer, which does not affect any property right. Errors and omissions may
include, but are not limited to, lot numbers, acreage, street names and
identification of adjacent record maps. Error does not include changes in
courses or distances from which an error is not ascertainable from the data
shown on the final map or parcel map.
Section 17.48.040 Form and content of amendment
The Certificate of Correction shall be prepared and signed by a registered civil engineer
or licensed surveyor. The form and contents of the amending map shall conform to the
requirements of Chapters 17.16 and 17.28. The Certificate of Correction shall set forth
in detail the corrections made and show the names of the present fee owners of the
property affected by the correction:
Section 17.48.050 Submittal and approval of Certificate of Correction by the City
Engineer
The Certificate of Correction, complete as to final form, shall be submitted to the City
Engineer for review and approval. The City Engineer shall examine the Certificate of
Correction and if the only changes made are those set forth in this title, this fact shall be
certified by the City Engineer on the Certificate of Correction.
Section 17.48 .060 Filing with the County Recorder
The Certificate of Correction certified by the City Engineer shall be filed or recorded in
the Office of the County Recorder in which the original map was filed.
CHAPTER 17.52 SUBDIVISION DESIGN
Sections:
Section 17.52.010 Design and improvement requirements
Section 17.52.020 Lot requirements
Section 17.52.030 Flag lots
Section 17.52.040 Street rights-of-way
Section 17.52.050 Waiver of direct access rights
Section 17.52.060 Dedications
Section 17.52.070 Street Design
Section 17.52.080 Utilities
Section 17.52.090 Underground utilities
Section 17.52.100 Utility easements
October 12, 2010
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eption which establish legal status for the
parcels. October 12, 2010
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to be recorded as provided for in California Government Code Section 66451.12.
F. If the Director determines that the parcels should not be merged, the Director
shall notify the property owner.
October 12, 2010
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cels
are to be merged or not to be merged. To merge contiguous parcels the
Planning Commission shall make the following findings:
October 12, 2010
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Page 47 of 74
fficient.
October 12, 2010
Page 46 of 74
approval of the tentative map for the proposed subdivision shall be offered for
October 12, 2010
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Page 42 of 74
or parcels to be the nearest one-hundredth (1/100) of an acre if lots or
parcels are over one (1) acre shall be shown.
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
Section 17.52.110 Storm drainage
Section 17.52.120 Energy conservation
Section 17.52.010 Design and improvement requirements
All subdivisions and tentative maps thereof, must conform to the Grand Terrace General
Plan, Zoning Code, and any applicable specific plans and to all applicable planning,
zoning, design, improvement and environmental requirements. Unless otherwise
specified, design requirements and improvement requirements may be modified or
waived only by the City Council.
Section 17.52.020 Lot requirements
All residential, commercial and industrial lots shall have direct access to public streets
except where private street, common driveway or other access easement rights are
specifically approved by the Director (or designee) and the City Engineer and made a
matter of record in the San Bernardino County Recorder's office. The access easement
shall be reserved on the map in perpetuity for the benefit of the effected parcel(s).
Section 17.52.030 Flag lots
A. Flag lots may be approved only where there is no reasonable alternative
available to develop the interior portions of excessively deep parcels or where
required by unusual physical constraints. For the purposes of this chapter the
development standards for flag lots shall be as follows:
1. The body of the lot meets the lot area, width and depth requirements of
the zone district. (For purposes of this section, the "body" of the lot shall
mean the portion of the lot containing the developable area, exclusive of
the narrow portion of the lot intended for access purposes.)
2. The handle portion of the lot shall be a minimum of twenty (20) feet in
width and not more than 120 feet in length. (For purposes of this section,
the "handle" portion of the lot shall mean the narrow portion of the lot
intended for access purposes.)
3. The lot width means the horizontal distance between the side lot lines
measured at right angles across the mean depth of the building pad area
measured between the front and rear of the building pad.
4. The building line means a line parallel with the street, independent of the
handle.
5. The front yard means a yard extending across the full width of the lot as
measured from the building line.
6. The area of the corridor shall not count in computing lot area for purposes
of ascertaining compliance with the provisions of Zoning Code.
7. The address of the flag lot shall be clearly visible from the street.
October 12, 2010
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s provided for in California Government Code Section 66451.12.
F. If the Director determines that the parcels should not be merged, the Director
shall notify the property owner.
October 12, 2010
Page 53 of 74
cels
are to be merged or not to be merged. To merge contiguous parcels the
Planning Commission shall make the following findings:
October 12, 2010
Page 52 of 74
Page 47 of 74
fficient.
October 12, 2010
Page 46 of 74
approval of the tentative map for the proposed subdivision shall be offered for
October 12, 2010
Page 43 of 74
Page 42 of 74
or parcels to be the nearest one-hundredth (1/100) of an acre if lots or
parcels are over one (1) acre shall be shown.
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
Section 17.52.040 Street rights-of-way
The street layout of a proposed subdivision shall be consistent with all street right-of-
way designations shown on the Circulation Element of the Grand Terrace General Plan
or applicable specific plans at the time the tentative map is approved. For alignments
not shown on the Circulation Element of the General Plan, the City Engineer shall
approve alignments which are consistent with the General Plan or applicable specific
plan.
Section 17.52.050 Waiver of direct access rights
The city may require as a condition of approval of a tentative map that dedications or
offers of dedication of streets include a waiver of direct access rights to any such street
from any property within or abutting the subdivision. Upon acceptance of the dedication,
such waiver shall become effective in accordance with its provisions.
Section 17.52.060 Dedications
A. As a condition of approval, the applicant may be required to dedicate or make an
irrevocable offer of dedication of all parcels of land that are needed for streets,
pedestrian ways, alleys, including access rights and abutter's rights, drainage,
public utility easements and other public or private easements.
B. The applicant may also be required to dedicate such additional land as may be
necessary and feasible to provide multi-purpose trails or trail headsfor the use of
the public. The applicant may be required to waive direct access rights to any
street from the subject property.
C. Every parcel required to be dedicated for public use shall be so dedicated or
offered for dedication by separate instrument on a final map or by separate
instrument
Section 17.52.070 Street Design
A. Except as provided herein, streets shall be designed in accordance with the San
Bernardino County Standards and Specifications and Standard Specifications for
Public Works Construction.
B. A cul-de-sac should not exceed six hundred (600) feet in length measured from
the centerline of the intersection street to the center of the turnaround, except
that
1. A greater length may be permitted if warranted due to topographic or other
specific conditions and if approved by the City Engineer and Fire
Department.
2. In very high fire hazard severity zones cul-de-sac lengths shall not exceed
three hundred and fifty (350) feet in length, unless otherwise approved by
the City Engineer and Fire Department
October 12, 2010
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October 12, 2010
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s provided for in California Government Code Section 66451.12.
F. If the Director determines that the parcels should not be merged, the Director
shall notify the property owner.
October 12, 2010
Page 53 of 74
cels
are to be merged or not to be merged. To merge contiguous parcels the
Planning Commission shall make the following findings:
October 12, 2010
Page 52 of 74
Page 47 of 74
fficient.
October 12, 2010
Page 46 of 74
approval of the tentative map for the proposed subdivision shall be offered for
October 12, 2010
Page 43 of 74
Page 42 of 74
or parcels to be the nearest one-hundredth (1/100) of an acre if lots or
parcels are over one (1) acre shall be shown.
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
C. Half streets shall not be approved except where essential to the reasonable
development of the subdivision in conformity with the requirements of this title
and where the Planning Commission finds it will be practical to require the
dedication of the remaining portion of the street when the adjoining property is
subdivided.
D. Unless otherwise approved by the City Engineer and Fire Department, private
streets shall be designed to public street standards, and shall be subject to
review and approval by the approving authority.
1. The City shall assume no responsibility for enforcement of traffic control
on private streets.
2. The use of private streets and/or drives is not intended to be a device for
permitting inadequate street design.
3. The name of each private street shall be posted at intersections with the
street name to be followed by the word "PRIVATE" in parentheses.
4. Sidewalks shall be required and should be located adjacent to the
property line.
5. All private streets shall be equipped with street lights, the type and design
of which shall be approved by Southern California Edison, and installed by
the subdivider.
6. The placement of traffic control devices (signs, barricades, markings, etc.)
shall be provided to the specifications of the City Traffic Engineer. The
design of said markings shall be subject to the approval of the City Traffic
Engineer.
7. Private driveways shall be designed in conformance with the requirements
for residential driveways contained in the Zoning Code.
8. Access easements shall be granted to the City of Grand Terrace, San
Bernardino County Fire, San Bernardino County Sheriff, and applicable
utilities.
9. Conditions, Covenants and Restrictions shall be irrevocably written and
recorded on the subdivision.
a. The By-Laws or other appropriate -document of the Homeowners'
Association shall include the obligations of the Association with
respect to maintenance of streets.
b. The CC&R's shall provide the City with authority to repair and/or
maintain the private streets and/or appurtenances in the event the
HOA fails to maintain said streets and/or appurtenances in a
manner that provides adequate access at all times so that
emergency and utility vehicles can service the properties
contiguous or adjacent thereto. Provision shall be made in the
October 12, 2010
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for in California Government Code Section 66451.12.
F. If the Director determines that the parcels should not be merged, the Director
shall notify the property owner.
October 12, 2010
Page 53 of 74
cels
are to be merged or not to be merged. To merge contiguous parcels the
Planning Commission shall make the following findings:
October 12, 2010
Page 52 of 74
Page 47 of 74
fficient.
October 12, 2010
Page 46 of 74
approval of the tentative map for the proposed subdivision shall be offered for
October 12, 2010
Page 43 of 74
Page 42 of 74
or parcels to be the nearest one-hundredth (1/100) of an acre if lots or
parcels are over one (1) acre shall be shown.
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
CC&R's to enable the City to recover costs of work performed by
the City in these streets. The CC&R's shall provide that the HOA
grants the City the authority to enter and repair and maintain the
private street in the event the HOA defaults in its maintenance
responsibilities and the preservation of the public health, safety and
welfare necessitates City maintenance of the private street. Repair
costs incurred by the City shall be shared, pro rata, by all parcels
and collected as assessments along with County property taxes.
Section 17.52.080 Utilities
Each unit or lot within the subdivision shall be served by gas, electric, telephone and
cable television facilities.
Section 17.52.090 Underground utilities:
A. All existing and proposed utilities within the subdivision and along peripheral
streets shall be placed underground except those facilities exempted by the
public utilities commission regulations. Undergrounding shall be required for
overhead lines on either side of peripheral streets.
B. The subdivider may request that the undergrounding requirement along
peripheral streets be waived by the Approval Body which may, at its discretion,
accept a fee in lieu of the undergrounding. The amount of fee shall be
determined by the City Engineer and shall be based upon the reasonable
estimated cost of that portion of a future undergrounding project attributable to
the subdivision. The requirement for undergrounding or payment of an in lieu fee
shall be a condition of approval of the tentative map.
C. Undergrounding requirements may be waived or modified by the Approval Body
only upon finding:
1. The subdivision is within an area where existing utilities have not been
undergrounded and that deferral will be allowed because undergrounding
is impractical due to physical constraints, or the surrounding neighborhood
is absent of similar improvements; and
2. Overhead utilities will have no significant visual impact.
D. If the undergrounding requirements are waived as allowed by the findings in
subsections C.1 and C.2 of this section, the in lieu fee as determined by the City
Engineer and agreed to by the subdivider shall be made a condition of approval
of the tentative map.
E. In lieu fees shall be deposited in a special undergrounding account to be used as
approved by the city council for future undergrounding of utilities throughout the
city.
F. The provisions of this subsection are in addition to, and not in substitution for or
limitation of, the provisions of this code.
October 12, 2010
Page 63 of 74
otify the property owner.
October 12, 2010
Page 53 of 74
cels
are to be merged or not to be merged. To merge contiguous parcels the
Planning Commission shall make the following findings:
October 12, 2010
Page 52 of 74
Page 47 of 74
fficient.
October 12, 2010
Page 46 of 74
approval of the tentative map for the proposed subdivision shall be offered for
October 12, 2010
Page 43 of 74
Page 42 of 74
or parcels to be the nearest one-hundredth (1/100) of an acre if lots or
parcels are over one (1) acre shall be shown.
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
G. Whenever overhead utilities are allowed in a proposed subdivision by this title,
utility easements of sufficient width shall be located along the rear or side lot
lines. Whenever possible, such easements shall extend an equal distance into
each of the two (2) abutting lots. This requirement may be modified or
recommended for modification by the Planning Commission if warranted by
unusual circumstances in a particular proposed subdivision. To the extent
practicable, underground utility easements, whenever necessary, shall be
adjoining and parallel to lot lines.
Section 17.52.100 Utility easements
Easements for public utilities shall be provided to the specifications of the Public Works
Department or of the serving utility company. Easements for sewers and drainage shall
be provided to the specifications of the Public Works Department. Easements for street
trees, sidewalks, and other public uses shall be provided when required.
Section 17.52.110 Storm drainage
Storm water runoff from the subdivision shall be collected and conveyed by an
approved storm drain system. The storm drain system shall be designed for ultimate
development of the watershed and shall be capable of collecting and conveying runoff
generated by a 100-year flood. The storm drain system shall provide for the protection
of abutting and off site properties that would be adversely affected by any increase in
runoff attributed to the development. Off site storm drain improvements may be required
to satisfy this requirement.
Section 17.52.120 Energy conservation
The design of a subdivision shall be in conformance with California Government
Code Section 66473.1, with respect to passive or natural heating or cooling
opportunities in the subdivision.
CHAPTER 17.56 IMPROVEMENTS
Sections:
Section 17.56.010 General
Section 17.56.020 Improvements required
Section 17.56.030 Supplemental improvement capacity
Section 17.56.040 Deferred improvements
Section 17.56.050 Design of improvement plans and standards
Section 17.56.060 Subdivision improvement agreements and improvement security
Section 17.56.070 Completion of improvements
Section 17.56.080 Dedications
Section 17.56.010 General
A. The subdivider shall construct all required improvements both on-site and off-
site, in accordance with the standards approved by City Council resolution and
applicable City standards as provided by this title. Except as provided herein, the
October 12, 2010
Page 64 of 74
for or
limitation of, the provisions of this code.
October 12, 2010
Page 63 of 74
otify the property owner.
October 12, 2010
Page 53 of 74
cels
are to be merged or not to be merged. To merge contiguous parcels the
Planning Commission shall make the following findings:
October 12, 2010
Page 52 of 74
Page 47 of 74
fficient.
October 12, 2010
Page 46 of 74
approval of the tentative map for the proposed subdivision shall be offered for
October 12, 2010
Page 43 of 74
Page 42 of 74
or parcels to be the nearest one-hundredth (1/100) of an acre if lots or
parcels are over one (1) acre shall be shown.
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
subdivider shall be required to install all improvements that are required as
conditions of approval to the tentative map, and to install all improvements that
are required by City ordinance or resolution.
B. The applicant shall pay all impact fees, pursuant to the applicable impact fee
ordinances, in the amount that is in effect at the time such fees are due.
Section 17.56.020 Improvements required
A. If the subdivider of a Vesting Tentative Map is required to construct off-site
improvements on land in which neither the subdivider nor the City has sufficient
title or interest to allow construction, then the subdivider shall provide written
evidence, prior to the application for the vesting tentative map being deemed
complete„ that all off-site interests in property required for the project have been
acquired, unless the City Engineer finds, based on substantial evidence, that the
subdivision design incorporates an alternative that would comply with City
standards in the absence of the off-site improvement.
B. If the subdivider is required to construct off-site improvements on land in which
neither the subdivider nor the City has sufficient title or interest to allow
construction, the subdivider shall provide written evidence that a good faith effort
has been made to acquire the title or interest in the land to construct required off-
site improvements, in accordance with City standards. If the subdivider, after a
good faith effort, is unable to acquire the property, the City shall, within one
hundred twenty (120) days of filing the final tract map, acquire by negotiation or
commence condemnation of the land, in substantial compliance with the
procedures set forth in California Government Code Section 7260, or the City
shall waive the condition for the off-site construction. Prior to approval of the final
tract map, the City shall require the subdivider to enter into an agreement to
complete the off-site improvements as the time that title or an interest in the land
is acquired. The subdivider shall pay the cost of acquiring off-site land or an
interest in the land required to construct the off-site improvements, including
reasonable attorney's fees and costs, prior to initiation of acquisition proceedings
by the City.
Section 17.56.030 Supplemental improvement capacity
A. As a condition of approval of a tentative map, there. may be imposed a
requirement that improvements installed by the subdivider for the benefit of the
subdivision contain supplemental size, capacity, number or length for the benefit
of property not within the subdivision and that those improvements be dedicated
to the public. However, when such supplemental size, capacity, number or length
is solely for the benefit of property not within the subdivision, the City shall,
subject to the provisions of Sections 66486 and 66487 of the Subdivision Map
Act, enter into an agreement with the subdivider to reimburse the subdivider for
that portion of the cost of such improvements equal to the difference between the
amount it would have cost the subdivider to install such improvements to serve
the subdivision only and the actual cost of such improvements.
October 12, 2010
Page 65 of 74
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
B. The City Council shall determine the method for payment of the costs required by
a reimbursement agreement, which method may include, but shall not be limited
to, the following:
1. The collection from other persons, including public agencies, using such
improvements for the benefit of real property not within the subdivision, a
reasonable charge for such use.
2. The contribution to the subdivider of that part of the cost of the
improvements that is attributable to the benefit of real property outside the
subdivision and the levy of a charge upon the real property benefitted to
reimburse the city for such costs, together with interest thereon, if any,
paid to the subdivider.
3. The establishment and maintenance of local benefit districts for the levy
and collection of such charge or costs from the property benefitted.
C. No charge, area of benefit or local benefit district shall be established unless and
until a public hearing is noticed and held thereon 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, and the fee to be collected, shall be established. Notice of the
public hearing shall be given pursuant to Sections 65090 and 65091 of the
California Government Code and shall include preliminary information related to
the boundaries of the area of benefit, estimated cost and the method of fee
apportionment.
D. Written notice shall also be given to those who own property within the proposed
area of benefit as shown on the last equalized assessment roll, and the potential
users of the supplemental improvements insofar as they be ascertained at the
time. Such notices shall be mailed by the City Clerk at least ten (10) days prior to
the date established for the hearing
Section 17.56.040 Deferred improvements
A. Any request for deferred construction of on-site and off-site improvements for
tentative or parcel maps may be approved by the Planning Commission, in its
sole discretion, at the time of approval of the tentative map.
B. The City Attorney shall approve the form and content of all Deferred.
Improvement Agreements prior to the City accepting the document.
Section 17.56.050 Design of improvement plans and standards
A. Standards for design and construction of subdivision improvements shall be in
accordance with the applicable City standards, the conditions of approval of the
tentative map, and the requirements established by the City Engineer.
B. Public improvement plans shall be acted on by the City Engineer within the time
frame set forth in California Government Code Section 66456.2.
October 12, 2010
Page 66 of 74
erty not within the subdivision, the City shall,
subject to the provisions of Sections 66486 and 66487 of the Subdivision Map
Act, enter into an agreement with the subdivider to reimburse the subdivider for
that portion of the cost of such improvements equal to the difference between the
amount it would have cost the subdivider to install such improvements to serve
the subdivision only and the actual cost of such improvements.
October 12, 2010
Page 65 of 74
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
C. Public improvement plans shall be prepared under the direction of a registered
civil engineer and shall be reviewed and approved by the City Engineer, if he or
she can make the following findings:
1. The plans are signed and stamped by a registered civil engineer;
2. The plan designs are consistent with the tentative map, the conditions of
approval and applicable City standards, with the exception of minor errors
or incompleteness, which do not materially affect the design or the plan
constructability thereof.
3. All reports and studies required to evaluate the facility design and the
completeness of the plans have been prepared by a registered civil
engineer and have been reviewed and approved by the City Engineer.
4. All conditions of approval relative to public improvement requirements
have been addressed to the satisfaction of the reviewing authority and the
City Engineer.
5. All title and interest has been obtained by the subdivider for off-site
property interest.
6. All cost estimates have been approved by the City Engineer, and payment
of all applicable fees have been received.
7. Approval of designs and plans have been obtained from all other
applicable agencies, as required by the City Engineer.
D. All improvement plans shall be prepared in accordance with the City standards in
effect at the time the tentative map is deemed complete. However, the City
Engineer may modify those City standards under the following conditions:
1. When necessary to protect public health, safety and welfare;
2. When needed to comply with State or Federal laws;
3. When, in the opinion of the City Engineer, with the consent of the
subdivider, a new standard or requirement is needed which will not
materially affect the intent of the subdivider or the conditions of approval.
This shall include the adoption of other agency standards for use by the
City Engineer.
E. The City Engineer approval of any public improvement plans, or any grading
plans that are required as part of the approval of the final or parcel map, shall
expire upon the expiration of any applicable Subdivision Improvement
Agreement, or two (2) years from the date the City Engineer approves the plans,
whichever is later. Upon expiration of those plans, new approvals from the City
Engineer, together with the payment of new plan review fees, shall be required
for any portions of the subdivision for which grading and improvements have not
been completed.
October 12, 2010
Page 67 of 74
Public improvement plans shall be acted on by the City Engineer within the time
frame set forth in California Government Code Section 66456.2.
October 12, 2010
Page 66 of 74
erty not within the subdivision, the City shall,
subject to the provisions of Sections 66486 and 66487 of the Subdivision Map
Act, enter into an agreement with the subdivider to reimburse the subdivider for
that portion of the cost of such improvements equal to the difference between the
amount it would have cost the subdivider to install such improvements to serve
the subdivision only and the actual cost of such improvements.
October 12, 2010
Page 65 of 74
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
Section 17.56.060 Subdivision improvement agreements and improvement
security
Pursuant to the Subdivision Map Act, if any public improvement required as part of the
approval of the subdivision will not be completed and accepted . in accordance
with Section 17.28.030 prior to approval of the final tract map, then prior to a
determination of a complete and timely filing of the final tract map by the City Engineer,
the subdivider, at his expense, shall be required to enter into a Subdivision
Improvement Agreement, with the City to complete said public improvements in
accordance with Section17.28.030. Performance of said agreement shall be
guaranteed by the security specified in this section and Section 66499 et seq. of the
Subdivision Map Act.
A. The form and content of Subdivision Improvement Agreements shall be in
compliance with Section 66499 et seq. of the Subdivision Map Act and shall be
approved by the City Attorney. The agreement shall include, but not limited to,
the following minimum terms and conditions:
1. Construction of all improvements as set forth in the approved plans and
specifications.
2. The maximum period within which all improvements shall be completed to
the satisfaction of the City Engineer.
3. Provisions for inspection of all improvements by the City Engineer and
payment of fees by the subdivider for the cost of such inspection and all
other incidental costs incurred by the City in enforcing the agreement.
4. A provision that if the subdivider fails to complete the work within the
specified period of time, or any extended period of time that may have
lawfully been granted to the subdivider, the City may, at its option,
complete the required improvement work and the subdivider and his
surety shall be firmly bound, under a continuing obligation, for payment of
the full cost and expense incurred or expended by the City in completing
such work, including interest from the date of notice of said cost and
expense until paid.
5. A provision that, in the event of litigation occasioned by a default of the
owner or subdivider, his successors or assignees, the owner or '
subdivider, his successors or assignees will pay all costs involved,
including reasonable attorney's fees, and that the same may be recovered
as part of a lien against the real property.
6. Additional terms or provisions, as may be necessary, pertaining to the
forfeiture, collection, and disposition of improvement security upon the
failure of the contracting party to comply with the terms and provisions
thereof or with the terms and provisions of this Code.
B. Subdivision Improvement Agreements shall be valid for a period specified in the
agreement, but not to exceed two (2) years from the effective date of the
October 12, 2010
Page 68 of 74
66486 and 66487 of the Subdivision Map
Act, enter into an agreement with the subdivider to reimburse the subdivider for
that portion of the cost of such improvements equal to the difference between the
amount it would have cost the subdivider to install such improvements to serve
the subdivision only and the actual cost of such improvements.
October 12, 2010
Page 65 of 74
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
agreement. The City Engineer may, in his discretion, extend the term of the
Subdivision Improvement Agreement. The agreement shall not only bind the
present subdivider, but also his heirs, successors, executors,administrators, and
assignees so that the obligation runs with the real property. All agreements shall
be executed by all those parties executing the final or parcel map.
C. Improvement securities shall be required to be posted as a guarantee of the
performance of any act, improvement, or obligation required as a condition of
approval of any final tract map, parcel map waiver, lot line adjustment, or lot
merger. Unless otherwise provided herein, all such improvement securities shall
be provided in one (1) of the following forms, subject to the approval of the City
Engineer and City Attorney:
1. A bond or bonds by one (1) or more duly authorized corporate sureties
substantially in the form prescribed in the Subdivision Map Act and subject
to the approval and acceptance of the City Attorney and City Council;
2. A deposit with the City of either, immediately negotiable bonds or a letter
of credit;
3. Any other form of security, including a lien or other security interests in
real property, which the City Engineer and the City Attorney may, in their
discretion, allow provided they determine that it is equivalent to the
foregoing forms of security in terms of security and liquidity.
Any written contract or document creating security interest established
pursuant to Section 17.56.060.C. 3of this section shall be recorded in the
Office of the County Recorder. From the time of recordation, a lien shall
attach to the real property described therein, which lien shall have the
priority of a judgment lien in the amounts specified.
D. The subdivider shall provide as security to the City:
1. For performance and guarantee: an amount determined by the City
Engineer equal to one hundred percent (100%) of the total estimated cost
of the improvement to be performed, including costs and fees incurred by
the City. The estimated cost of improvement shall include a ten percent
(10%) contingency and a ten percent (10%) increase for projected inflation
computed to the estimated mid-point of construction.
2. For labor and materials: an amount determined by the City Engineer equal
to one hundred percent (100%) of the total estimated cost of the
improvement to be performed, excluding grading and monumentation.
3. For monuments: an amount determined by the City Engineer equal to one
hundred percent of the costs of setting such monuments. The estimated
cost of improvement shall include a ten percent (10%) contingency and a
ten percent (10%) increase for projected inflation computed to the
estimated mid-point of construction. The security may be included with
the performance and guarantee.
October 12, 2010
Page 69 of 74
66487 of the Subdivision Map
Act, enter into an agreement with the subdivider to reimburse the subdivider for
that portion of the cost of such improvements equal to the difference between the
amount it would have cost the subdivider to install such improvements to serve
the subdivision only and the actual cost of such improvements.
October 12, 2010
Page 65 of 74
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
E. Release of improvement security. Improvement security may be released upon
the final completion and acceptance of the act or work by the City Engineer;
provided, however, such release shall not apply to the amount of security
deemed necessary by the City Engineer for the guarantee and warranty period,
nor to costs and reasonable expense fees, including reasonable attorney's fees .
incurred by the City in enforcing any improvement agreement. The subdivider
shall not be entitled to any reduction in security, except in accordance
with Section 17.56.060.F, until all improvements have been completed to the
satisfaction of the City Engineer.
F. Partial release of improvement security. A partial release of performance
security may be requested by the subdivider by filing an application with the
Building and Safety/Public Works Department. The application shall state the
amount of work completed/accepted. The portion of the performance security, in
conjunction with acceptance of the satisfactory completion of a part of the
improvements as the work progresses, may be released upon the approval of the
City Engineer. The following conditions shall be applied to applications
submitted requesting partial release of security.
1. No release shall be considered until at, least fifty percent (50%) of the
improvements are completed and accepted by the City;
2. No release shall be for an amount less than ten percent (10%) of the
original total improvement security given for performance and guarantee;
3. The substitute security (or the remaining security) 'shall not be less than
one hundred fifty percent (150%) of the revised estimated construction
cost for the remaining required improvements.
4. The City Engineer, or his or her designated representative, is responsible
for reviewing all applications and shall determine the amount of substitute
security required in accordance with Section 17.56.060.F.3.
5. The original performance security may be released only upon receiving
the proper substitute security, which has been determined acceptable by
the City Attorney and the City Engineer.
Section 17.56.070 Completion of improvements
A. Public improvements required as a condition of approval shall be completed in
accordance with this title, unless they are deferred pursuant to Section
17.56.040. The City Engineer shall review. and approve any improvement
agreement, conduct an inspection, and approve any constructed public
improvement necessary to satisfy this provision, with the City Council delegating
final approval to the City Engineer of any agreement or acceptance of any
completed public improvement.
B. Once begun, public improvements for a final.tract map, or a parcel map when
required, shall be constructed to completion without interruption. The subdivider
shall exercise due diligence to ensure that this provision is met to the satisfaction
October 12, 2010
Page70of74
al to the difference between the
amount it would have cost the subdivider to install such improvements to serve
the subdivision only and the actual cost of such improvements.
October 12, 2010
Page 65 of 74
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
of the City Engineer. Construction and inspection of public improvements shall
be governed by City standards and the requirements of any applicable permit.
C. Notwithstanding any applicable agreement, the ownership of and responsibility
for the construction and maintenance of any public improvement is held by the
subdivider and shall remain so until such time as the City Council accepts the
completed public improvements.
D. Upon acceptance of a public improvement, the City Engineer shall provide a
notice of completion for that public improvement, and it shall authorize the City
Engineer to release applicable securities for that public improvement. This action
shall serve to transfer ownership and maintenance responsibility of the public
improvement from the subdivider to the City, and to provide full acceptance of the
applicable dedication or easement, which acceptance had been contingent upon
completion and acceptance of public improvements within said dedication or
easement, subject to the terms of any applicable agreement.
Section 17.56.080 Dedications
A. Right-of-way dedications, irrevocable offers of dedication, and grants of
easements required upon a final or parcel map shall either be accepted,.
consented for recordation, accepted subject to improvement, or rejected at the
time the final or parcel map is approved. Acceptance of the dedication or
easement shall serve to transfer the appropriate interest to the City, subject to
the terms of the offer and the acceptance certificate. Rejection of the dedication
or easement shall reserve the City's ability to accept all or part of the dedication
or easement in accordance with State law. The City Engineer shall determine
whether the dedication, irrevocable offer of dedication, or easement shall be
accepted, accepted subject to improvement or rejected pursuant to City
standards.
B. Fee title shall be granted by the subdivider when in the opinion of the City
Council in consultation with the City Engineer, it is necessary to carry out policies
and requirements of the General Plan and any City ordinance, resolution or
standard.
C. The types of dedications, easements or grants of fee title that a subdivision may
be subject to shall include, but shall not be limited to: streets, alleys, access
rights, drainage, public utility, landscape, slope and sewer.
CHAPTER 17.60 MONUMENTS
Sections:
Section 17.60.010 Parcel map and final map monuments
Section 17.60.020 Monument construction
Section 17.60.030 Monument tie sheet
Section 17.60.040 Monument bond
October 12, 2010
Page 71 of 74
y agreement or acceptance of any
completed public improvement.
B. Once begun, public improvements for a final.tract map, or a parcel map when
required, shall be constructed to completion without interruption. The subdivider
shall exercise due diligence to ensure that this provision is met to the satisfaction
October 12, 2010
Page70of74
al to the difference between the
amount it would have cost the subdivider to install such improvements to serve
the subdivision only and the actual cost of such improvements.
October 12, 2010
Page 65 of 74
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
Section 17.60.010 Parcel map and final map monuments
At the time of making the survey of the parcel map or final map, the subdivider's
engineer or surveyor shall set sufficient durable monuments to conform with the
standards described in the Subdivision Map Act so that another engineer or surveyor
may readily retrace the survey. The exterior boundary of the land being subdivided
shall be adequately monumented or referenced before the map is recorded. The
interior monuments shall be set prior to City Council acceptance of the improvements or
within one (1) year following approval of the final map, whichever comes later. The
monument shall be set as follows:
A. Exterior boundary monuments shall be set at or near each boundary corner and
at intermediate points approximately one thousand feet (1,000') apart, or at such
lesser distances as may be necessary. by topography to ensure accuracy in
reestablishment of any point or line without unreasonable difficulty;
B. Centerline monuments shall be set to mark the intersections of all roads, street,
alleys, or ways. Centerline monuments shall also be set to mark either the
beginning and end of curves or the points of intersections of tangents thereof;
and
C. Corner monuments shall be set at or near each lot corner, except that the City
Engineer may waive certain corner monumenting where standard monumenting
would not be feasible or beneficial in retracing a survey.
Section 17.60.020 Monument construction
All exterior boundary monuments shall be of new galvanized iron pipe not less than one
and one-half inches (11/2") inside diameter and eighteen inches (18") long or shall be of
such other type and dimension approved by the City Engineer. Centerline monuments
hall be of new galvanized iron pipe not less than one and one-half inches (1'/z") inside
diameter and fifteen inches (15") long. The'subdivider shall also provide proper ties to
the location of the centerline monuments and these ties shall be shown on a tie sheet of
a form approved by the City Engineer.
Section 17.60.030 Monument tie sheet
At the time of the completion of the monuments required pursuant to this chapter or the
Subdivision Map Act, and as condition precedent to exoneration of the improvement
security pertaining to such monuments, the subdivider shall submit to the City Engineer,
in a form satisfactory to the City Engineer, a tie sheet showing proper ties to the location
of the centerline monuments. A minimum of three (3) such ties shall be shown for each
centerline monument. All monuments set and tie monuments set shall be permanently
marked or tagged with the engineer's or surveyor's registration or license number.
Section 17.60.040 Monument bond
If the monuments are to be set following the submission of the final map or parcel map
to the City Engineer for his or her certificate, a bond meeting the requirements set forth
in the Subdivision Map Act shall be filed. In determining the amount of the bond, the
October 12, 2010
Page 72 of 74
that this provision is met to the satisfaction
October 12, 2010
Page70of74
al to the difference between the
amount it would have cost the subdivider to install such improvements to serve
the subdivision only and the actual cost of such improvements.
October 12, 2010
Page 65 of 74
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
City Engineer shall make the necessary estimate of the cost to set monuments not
already existing.
•
CHAPTER 17.64 ENFORCEMENT
Sections:
Section 17.64.010 Purpose
Section 17.64.020 Prohibition
Section 17.64.030 Remedies
Section 17.64.010 Purpose
The procedures set forth in this section shall provide for the enforcement of the State
Subdivision Map Act and the provisions of this title.
Section 17.64.020 Prohibition
A. No person shall sell, lease, or finance any parcel or portion of parcels of real
property, or commence construction of any building for sale, lease or financing
thereon, except for model homes, or allow occupancy thereof, for which a final
map or parcel map is required by this Code and the Subdivision Map Act, until
such map thereof in full compliance with the provisions of this Code has been
filed for record to the County Recorder.
B. Conveyances of any part of a division of real property for which a final or parcel
map is required by the Subdivision Map Act or this chapter shall not be made by
parcel or block number, letter or other designation, unless and until such map
has been filed for record by the County Recorder.
C. This section does not apply to any parcel or parcels of subdivision offered for
sale or lease, contracted for sale or lease, or sold or leased in compliance with or
exempt from. any law, including this chapter, regulating the design and
improvement of subdivisions in effect at the time the subdivision was
established.
D. Nothing contained in divisions A through C of this section shall be deemed to
prohibit an offer or contract to sell, lease or finance real property or to construct
improvements thereon where such sale, lease of financing, or the
commencement of such construction is expressly conditioned upon the approval
and filing tract map or parcel map as required under the Subdivision Map Act of
this chapter.
Section 17.64.030 Remedies
A. Any deed of conveyance, sale or contract to sell real property which has been
divided or which has resulted from a division in violation of the provisions of the
Subdivision Map Act or this chapter, is voidable at the sole option of the grantee,
buyer or person contracting to purchase any heirs personal representative or
_ trustee in insolvency or bankruptcy thereof within one year, after date of
discovery of such violation.
October 12, 2010
Page 73 of 74
All monuments set and tie monuments set shall be permanently
marked or tagged with the engineer's or surveyor's registration or license number.
Section 17.60.040 Monument bond
If the monuments are to be set following the submission of the final map or parcel map
to the City Engineer for his or her certificate, a bond meeting the requirements set forth
in the Subdivision Map Act shall be filed. In determining the amount of the bond, the
October 12, 2010
Page 72 of 74
that this provision is met to the satisfaction
October 12, 2010
Page70of74
al to the difference between the
amount it would have cost the subdivider to install such improvements to serve
the subdivision only and the actual cost of such improvements.
October 12, 2010
Page 65 of 74
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
B. Any grantee, or successor in interest thereof of real property which has been
divided or which has resulted from a division in violation of the provisions of this
chapter or the Subdivision Map Act may, within one (1) year of the date of
discovery of such violation, bring an action in the Superior Court to recover any
damages suffered by reason of such division of property. The action may be
brought against the person who so divided the property and against any
successors in interest who so divided the property and against any successors
against any successors in interest who so divided the property and against any
successors in interest who have actual or constructive knowledge of such
division of property.
C. The provisions of this section shall not apply to the conveyance of any parcel of
real property identified in a Certificate of Compliance filed recorded final tract
map or parcel map, from and after the date of recording.
D. The provisions of this section shall not limit or affect, in any way, the rights of a
grantee or successor in interest under any other provision of law.
E. This section does not bar any legal, equitable or summary remedy to which the
City or other public agency, or any person, firm or corporation may otherwise be
entitled, and the City or other public agency, or such person, firm or corporation
may file a suit in the Superior Court to restrain or enjoin any attempted or
proposed subdivision or sale, Subdivision Map Act or this chapter.
F. The City shall not issue a permit or grant any approval necessary to develop any
real property which has been divided or which has resulted from a division, in
violation of the provisions of the Subdivision Map or this title, if it finds that
development of such real property is contrary to the public health or safety. The
authority to deny or approve such a permit shall apply whether the applicant
therefore was the owner of record at the time of such violation or whether the
applicant therefore is either the current owner of record or a vendee thereof with,
or without, actual or constructive knowledge of the violation at the time of the
acquisition of an interest in such real property.
If the City issues a permit or grants approval for the development of any real
property illegally subdivided under the provisions of division F of this section, the
City may impose conditions applicable to a current division of the property. If a
Certificate of Compliance has been filed for recordation in accordance with the
provisions of Chapter 17.44, only those conditions stipulated in that certificate
shall be applicable.
October 12, 2010
Page 74 of 74
ubmission of the final map or parcel map
to the City Engineer for his or her certificate, a bond meeting the requirements set forth
in the Subdivision Map Act shall be filed. In determining the amount of the bond, the
October 12, 2010
Page 72 of 74
that this provision is met to the satisfaction
October 12, 2010
Page70of74
al to the difference between the
amount it would have cost the subdivider to install such improvements to serve
the subdivision only and the actual cost of such improvements.
October 12, 2010
Page 65 of 74
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43