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10/12/2010 F IL E,- GO-P CiRAHD.TERR CE October 12,2010 22795 Barton Road Grand Terrace California 92313-5295 .Civic Center' CITY OF GRAND, TERRACE ,(909)824-6621 Fax(909)7834629 Fax(909)78372600• =-CRA/CITY COUNCIL Maryetta Ferri Mayor - - REGULAR MEETINGS -- Lee Ann Garcia �7 -- Mayor ProTem 2ND AND 4TH Tuesday - 6:00: _p.m`. - - Bea Cortes Walt'Stanckiewitz , Council Members - Betsy M.Adams City Manager Council Chambers Grand Terrace Civic Center, 22795 Barton Road Grand Terrace,CA 923,1375295 CITY OF GRAND TERRACE COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS October 12,2010 GRAND TERRACE CIVIC CENTER 6:00 p.m. 22795 Barton Road THE CITY OF GRAND TERRACE COMPLIES WITH THE AMERICANS WITH DISABILITIES ACT OF 1990. IF YOU REQUIRE SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING,PLEASE CALL THE CITY CLERK'S OFFICE AT (909)824-6621 AT LEAST 48 HOURS PRIOR TO THE MEETING. IF YOU DESIRE TO ADDRESS THE CITY COUNCIL DURING THE MEETING,PLEASE COMPLETE A REQUEST TO SPEAK FORM AVAILABLE AT THE ENTRANCE AND PRESENT IT TO THE CITY CLERK. SPEAKERS WILL BE CALLED UPON BY THE MAYOR AT THE APPROPRIATE TIME. ANY DOCUMENTS PROVIDED TO A MAJORITY OF THE CITY COUNCIL REGARDING ANY ITEM ON THIS AGENDA WILL BE MADE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK'S OFFICE AT CITY HALL LOCATED AT 22795 BARTON ROAD DURING NORMAL BUSINESS HOURS. IN ADDITION,SUCH DOCUMENTS WILL BE POSTED ON THE CITY'S WEBSITE AT WWW.CITYOFGRANDTERRACE.ORG * Call to Order- * Invocation-Kevin Woodbridge,Calvary the Brook Church * Pledge of Allegiance- * Roll Call- STAFF COUNCIL AGENDA ITEMS RECOMMENDATION ACTION .y CONVENE COMMUNITY REDEVELOPMENT AGENCY 1. Approval of 09-28-2010 Minutes Approve ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL 1. Items to Delete 2. SPECIAL PRESENTATIONS A. Recognition of Lion's Club and Boy Scouts for Flag Ceremony 3. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without discussion. Any Council Member,Staff Member,or Citizen may request removal of an item from the Consent Calendar for discussion. A. Approve Check Register No. 10-12-2010 Approve B. Waive Full Reading of Ordinances on Agenda C. Approval of 09-28-2010 Minutes Approve D. Purchase of a Hybrid Vehicle with AQMD AB 2766 Funds Approve E. -Historical&Cultural Activities Committee Minutes of Accept 09/13/2010 COUNCIL AGENDA 10-12-2010 PAGE 2 OF 2 AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION 4. PUBLIC COMMENT This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law,the City Council may not discuss or act on any item not on the agenda,but may briefly respond to statements made or ask a question for clarification. The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. 5. COUNCIL REPORTS 6. PUBLIC HEARINGS- A. An Ordinance of the City Council of the City of Grand Terrace Approve California, Amending Title 15, of the City of Grand Terrace Municipal Code by Repealing and Replacing Chapters 15.08, 15.12, 15.16, 15.20, and Adding Chapters 15.10 and 15.17, Deleting Chapter 15.09, Adopting the California Code of Regulations to Include the Referenced Standards,Title 24,Part 2, and 12, Volumes 1 and 2, Based on the 2009 International Building Code, Part 2.5 Based on the 20091nternational Residential Code,Part 3,Based on the 2008 National Electrical Code,Part 4,Based on the 2009Uniform Mechanical Code,Part 5, Based on the Uniform Plumbing Code, Part 11, Green Building Standards 7. UNFINISHED BUSINESS A. Second Reading of an Ordinance of the City Council of the City Approve 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 8. NEW BUSINESS A. City Council Meeting Schedule Schedule 9. CLOSED SESSION-None ADJOURN THE NEXT CRA/CITY COUNCIL MEETING WILL BE HELD ON TUESDAY,OCTOBER 26,2010 AT 6:00 P.M. AGENDA ITEM REQUESTS MUST BE SUBMITTED IN WRITING TO THE CITY CLERK'S OFFICE NO LATER THAN 14 CALENDAR DAYS PRECEDING THE MEETING. PENDING CRA APPROVAL CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING -'SEPTEMBER 28,2010 A regular meeting of the Community Redevelopment Agency, City of Grand Terrace, was held in the Council Chambers,Grand Terrace Civic Center,22795 Barton Road,Grand Terrace,California, on September 28, 2010 at 6:00 p.m. PRESENT: Maryetta Ferr6, Chairman Lee Ann Garcia, Vice-Chairman Bea Cortes, Agency Member Walt Stanckiewitz, Agency Member Betsy M. Adams, City Manager Brenda Mesa, City Clerk Bernie Simon, Finance Director Joyce Powers, Community& Economic Development Director Richard Shields, Building& Safety Director John Harper,'City Attorney Sgt. Carlos Espinoza, San Bernardino County Sheriff s Department Rick McClintock, San Bernardino County Fire Department ABSENT: None CONVENE COMMUNITY REDEVELOPMENT AGENCY AT 6:00 P.M. Herman Hilkey,23196 Glendora Drive,this is the second in a series of informal things about the Agency. This is where it was left off last time. In 1978 the base year was set-up for the taxes. Anything above the base year stays home. Below the base year, we get 10% of it. Without the Agency,all the property taxes 10%stays here 90%goes to the County and State. With the Agency, you have the same ratio of that below the base. 80% of it stays here and 20%goes to the County. The County still gets their 90%but as the properties appreciate,the part that appreciates stays home. That is the essence of value to the Redevelopment Agency. He stated if you talk to Tom Tillinghast or Tony Petta, they call it Tax Increment,because that is what it was called. After that it was called pass-through and when Byron Matteson, Gene Carlstrom and himself were on Council the advisors and the auditors at that time stated that it should be called a loan. Somewhere in the last two years it's no longer called a loan. It's the same mechanics,now it's just called overhead. It's just pass-through.Now it moves without any name. This year the City is moving$838,000.00,he believes,from the Agency to the City. You can call it a loan, you can call it overhead but it's the City's money and it stays in town because of the Agency and that is a good thing. He stated that the City has built City Hall, the Library, the Fire Station, which is illegal now: The Agency bought the land for Grand Terrace High School when Edison had to get rid of it. When they had to get rid of it,the City bought it and then sold it to the School District. Made a little bit of money CRA AGENDA ITEM NO. Community Redevelopment Agency Minutes September 28,2010 Page 2 on it and gave the School District a really good deal on it. The City would not have that high school coming in Grand Terrace if it wasn't for the Agency. We wouldn't have the Fire Department,the parks. It's all because of the Agency. APPROVAL OF 09-14-2010 MINUTES CRA-2010-45 MOTION BY VICE-CHAIRMAN GARCIA, SECOND BY AGENCY MEMBER CORTES, CARRIED 4-0, to approve the September 14, 2010 Community - Redevelopment Agency Minutes. Chairman Ferre adjourned the Community Redevelopment Agency Meeting at 6:06 p.m.,until the next CRA/City Council Meeting that is scheduled to be held on Tuesday, October 12,2010 at 6:00 p.m. SECRETARY of the Community Redevelopment Agency of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace I i I1 I l � + vchlist Voucher List Page: 1 10/05/2010 8:11:31AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 65871 10/12/2010 011110 TIME WARNER CABLE Sep 844840...38 SEP/OCT CABLE/INTERNET SRV 10-805-238-000-000 58.91 Sep 844840...38 SEP/OCT CABLE/INTERNET SRV 107805-238-000-000 58.91 Total : 117.82 65872 9/28/2010 010290 KAISER PERMANENTE Oct 00-0005559, October Health Ins-L Garcia 10-110-142-000-000 368.06 Total : 368.06 65873 9/28/2010 001440 DAKENO INC. 07072010 12559 Michiqan Street Demoltion 32-600-305-000-000 4,990.00 Total : 4,990.00 65874 9/28/2010 010996 CA PUB EMPLOYEES' RET. SYSTEM H2O101014930C OCTOBER EMPLOYEE/DEPENDENT HEALTH INS 10-022-61-00 7,527.95 10-120-142-000-000 294.44 10-125-142-000-000 552.10 10-140-142-000-000 828.15 10-172-142-000-000 349.65 10-175-142-000-000 570.50 10-180-142-000-000 128.82 10-190-265-000-000 73.97 10-370-142-000-000 625.70 10-380-142-000-000 276.04 10-440-142-000-000 1,950.55 10450-142-000-000 294.44 10-625-142-000-000 239.23 16-175-142-000-000 809.72 21-175-142-000-000 368.08 32-200-142-000-000 588.91 32-370-142-000-000 404.87 34-400-142-000-000 331:23 Total : 16,214.35 65875 9/30/2010 001907 COSTCO#478 0478 05 0289 11 C. CARE SUPPLIES Page: 1 COUNCIL AGENDA ITEM NO.�� vchlist Voucher List Page: 2 10/05/2010 8:11:31AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 65875 9/30/2010 001907 COSTCO#478 (Continued) 10-440-220-000-000 164.16 Total : 164.16 65876 9/30/2010- 010147 CORTES, BEA October 2010 October Health Ins Reimbursement 10-110-142=000-000 368.06 Total : 368.06 65877 10/4/2010 006531 " S.B. COUNTY SHERIFF 10142 4TH QTR (FY 09--10) 10-410-256-000-000 2,152.00 10-410-220-000-000 14,915.26 10-410-250-000-000 3,283.19 Total : 20,350.45 65878 10/12/2010 011143 ALBERT A. WEBB ASSOCIATES 102750 AUGUST PROFESSIONAL SERVICES 32-200-250-000-000 23,806.80 Total : 23,806.80 65879 10/12/2010 011146 ALLY FINANCIAL INC. Oct 024910315E October Tahoe Lease Payment 34-800-272-000-000 559.21 Total : 559.21 65880 10/12/2010 001840 CITY OF COLTON JuIV 2010 JuIV Wastewater Treatment 21-570-802-000-000 99,610.26 Total : 99,610.26 65881 10/12/2010 010403 CITY OF REDLANDS AR128595 August CNG Fuel -- - --- - — ---------- -- --- - - - - --- - ---- -_ -- 34-800-272-0007000 - - - - -22.81 10-440-272-000-000 15.92 Total : 38.73 65882 10/12/2010 010866 CIVIC PLUS 83456 OCTOBER WEBSITE MAINT FEE 10-125-250-000-000 633.25 Total : 633.25 65883 10/12/2010 001907 COSTCO#478 0478 08 0027 1( C. CARE SUPPLIES 10-440-220-000-000 142.40 `� Page: 2 vchlist Voucher List Page: 3 10/05/2010 8:11:31AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 65883 10/12/2010 001907 COSTCO#478 (Continued) Total : 142.40 65884 10/12/2010 001930 DAILY JOURNAL CORPORATION B1942431 SEPTEMBER NOTICE INVITING BIDS 10-125-230-000-000 206.80 B1946123 SEPTEMBER NOTICE OF HEARING 10-125-230-000-000 189.20 B1946145 SEPTEMBER GOVERNMENT PUBLIC NOTICE 10-125-230-000-000 136:40 Total : 532.40 65885 10/12/2010 010711 DANKA FINANCIAL SERVICES 73098943 OCT E-STUDIO 350 TOSHIBA COPIER 10-172-246-000-000 19.79 10-175-246=000-000 79.78 73115923 FY 10-11 Property Tax Payment 10-172-246-000-000 14.26 10-175-246-000-000 14.26 Total : 188.09 65886 10/12/2010 003210 DEPT 32-2500233683 31544 MAINT SUPPLIES 10-195-245-000-000 57.47 4024490 MAINT SUPPLIES 10-195-245-000-000 8.44 10-440-245-000-000 16.31 10-175-218=000-000 6.81 6013903 MAINT SUPPLIES 10-450-245-000-000 31.63 6013905 CERT Supplies 10-808-221-000-000 485.51 10-808-246-000-000 19.58 9023842 MAINT SUPPLIES 10-195-245-000-000 29.11 10-440-245-000-000 47.11 Total : 701.97 65887 10/12/2010 002082 DISCOUNT SCHOOL SUPPLIES D12870280102 SCHOOL AGE SUPPLIES 10-440-223-000-000 133.77 Page: 3 vchlist Voucher List Page: 4 10/05/2010 8:1.1:31AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 65887 10/12/2010 002082 DISCOUNT SCHOOL SUPPLIES (Continued) Total : 133.77 65888 10/12/2010 001879 FRANKLIN COVEY 69817100 ORIGINAL DAILY REFILL OCT 2010- 10-172-210-000-000 28.24 Total : 28.24 65889 10/12/2010 002740 FRUIT GROWERS SUPPLY 90611019 PVC SUPPLIES 10-450-245-000-000 23.47 90620082 PVC SUPPLIES 10-450-245-000-000 151.71 Total : 175.18 65890 10/12/2010 011149 HASLAM, CELESTE 10042010 Street Cut Deposit Refund 23-302-52-00 1,000.00 Total : 1,000.00 65891 10/12/2010 003850 JANI-KING OF CA., INC. LAX08101090 AUGUST C. CARE JANITORIAL SERVICES 10-440=244-000-000 975.00 LAX09101378 SEPT CARPET CLEANING-COMMUNITY CNTR 10-440-244-000-000 50.00 Total : 1,025.00 65892 10/12/2010 006880 L-1 IDENTITY SOLUTIONS ' Aug 360910764 Fingerprinting Service-Patel 10-440-228-000-000 92.00 Total : 92.00 65893 10/12/2010 004320 LAWNMOWER CENTER 9254 WEED EATER PARTS - - - - - _ ---- --- - ----- 10-450 246-000-000. -- - - - - - A-3.02 -... - - -- --------------- —------------ ---- Total : 13.02 65894 10/12/2010 010097 NEXTEL COMMUNICATIONS 410575025-097 Aug/Sep Wireless Srv-Maint/C Care 10-175-240-000-000 351.65 10-440-235-000-000 49.91 - Total : 401.56 65895 10/12/2010 011099 ORANGE.COUNTY STRIPING SVC 0043428 Traffic& Pedestrian Signs 10-195-245-000-000 359.00 ~} Page: 4 vchlist Voucher List 'Page: 5 10/05/2010 8:11:31AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 65895 10/12/2010 011099 ORANGE COUNTY STRIPING SVC (Continued) Total : 359.00 65896 10/12/2010 005586 PETTY CASH 09292010 Replenish C. Care Petty Cash 10-440-221-000-000 21.83 10-440-228-000-000 155.10 Total : 176.93 65897 10/12/2010 005688 PROTECTION ONE 2588440 2nd 2ND QTR ALARM MONITORING-CITY HALL 10-195-247-000-000 94.35 3020955 2nd 2ND QTR ALARM MONITORIN_ G-BLDG/SAFETY 10-172-246-000-000 52.62 10-175-246-000-000 52.62 Total : 199.59 65898 10/12/2010 010420 RDO EQUIPMENT CO, RDO TRUST#80-E P12710 Riding Mower Repair 10-450-246-000-000 458.90 Total : 458.90 65899 10/12/2010 006285 RIVERSIDE HIGHLAND WATER CO July 2283 July Sewer Billing 21-572-255-000-000 1,232.94 Total : 1,232.94 65900 10/12/2010 006335 ROQUET PAVING INC. 0807-10 B BARTON RD. REHAB (INCL CHG ORD. #1) 46-900-304-000-000 24,328.50 Total : 24,328.50 65901 10/12/2010 006459 S.B. COUNTY CLERK OF THE BOARD 09202010 Environ. Filing Fee-Subdivision 10-370-250-000-000 50.00 Total : 60.00 65902 10/12/2010 006510 S.B. COUNTY INFORMATION 10125 July On-Call Pager Access 10-175-240-000-000 9.00 - 10273 August On-Call Pager Access 10-175-240-000-000 9.00 Total : 18.00 65903 10/12/2010 006531 S.B. COUNTY SHERIFF 10262 OCTOBER LAW ENFORCEMENT SERVICES Page: 5 vchlist Voucher List Page: 6 10/05/2010 8:11:31AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 65903 10/12/2010 006531 S.B. COUNTY SHERIFF (Continued) 10-410-256-000-000 154,136.00 - 14-411-256-000-000 8,333.00 10-410-255-000-000 4,524.00 Total : 166,993.00 65904 10/12/2010 006504 S.B. FIRE DEPT./HAZ.MATERIAL GT211CC 2ND QTR. HAZ. WASTE SERVICES 10-187-258-000-000 3,963.75 Total : 3,963.75 65905 10/12/2010 011148 SAN GABRIEL-JACOBSEN 09222010 Demo Deposit Refund 23-500-02-00 8,210.56 Total : 8,210.56 65906 10/12/2010 011147 SMART DISCIPLINE, LLC 3371 Discipline Book for Teachers 23-200-14-00 35.85 Total : 35.85 65907 10/12/2010 006720 SO.CA.EDISON COMPANY Sept 2010 September Enegry Usage 16-510-238-000-000 533.90 10-450-238-000-000 1,182.09 10-190-238-000-000 5,816.43 34-400-238-000-000 173.53 10-175-238-000-000 63.10' 10-172-238-000-000 78.88 10-440-238-000-000 1,979.17 10-805-238-000-000 1,434.13 __ -Total : 11,261.23--- -- 65908 10/12/2010 011071 STANCKIEWITZ, W. Oct 2010 Oct Health Ins Reimbursement 10-110-142-000-000 368.06 Total : 368.06 65909 10/12/2010 006718 STAPLES 8016597289 3142764333-Office Supplies 10-172-210-000-000 27.11 - Total : 27.11 65910 10/12/2010 006898 SYSCO FOOD SERVICES OF L.A. 009220714 1 C. CARE FOOD &SUPPLIES -� Page: 6 vchlist Voucher List Page: 7 10/05/2010 8:11:31AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 65910 10/12/2010 006898 SYSCO FOOD SERVICES OF L.A. (Continued) 10-440-220-000-000 626.15 0092912864 C. CARE FOOD 8& SUPPLIES 10-440-220-000-000 593.53 Total : 1,219.68 65911 10/12/2010 007539 VALLEY TIRE COMPANY 93015 Riding Mower Tires/Repairs 10-450-246-000-000 235.89 93078 Tire Repairs 10-450-246-000-000 44.36 Total : 280.25 65912 10/12/2010 001038 VERIZON WIRELESS-LA 0908741706 Sep/Oct Wireless Srv-Public Works 10-175-240-000-000 100.97 Total : 100.97 65913 10/12/2010 007795 WAXIE 72192158 MAINT SUPPLIES 10-195-245-000-000 468.59 10-450-245-000-000 193.61 Total : 662.20 65914 10/12/2010 007920 WILLDAN 002-10558 AUGUST PLAN REVIEW/INSPEC SRVS 10-172-250-000-000 1,715.00 002-10559 AUGUST ENGINEER/DESIGN SERVICES 10-175-255-000-000 1,800.00 002-10560 AUGUST ENGINEERING SERVICES 10-175-255-000-000 980.00 Total : 4,495.00 65915 10/12/2010 007987 XEROX CORPORATION 050431875 CC55 Final Invoice-Excess Print Charges 10-190-212-000-000 69.52 050802375 SEPT LEASE XEROX CC265H 10-190-700-000-000 294.34 10-190-212-000-000 209.18 Total : 573.04 45 Vouchers for bank code: bofa Bank total : 396,669.34 Page: 7 vchlist Voucher List Page: 8 10/05/2010 8:11:31AM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 45 Vouchers in this report Total vouchers : 396,669.34 �, Page: 8 City of Grand Terrace Warrant Register Index FD No. Fun_d Name Dept No. Department Name General Account Numbers 10 GENERAL FUND 110 CITY COUNCIL 110 SALARIES/WAGES 11 Street Fund 120 CITY MANAGER 139 _ EMPLOYEES'BENEFIT PLAN 12 Storm Drain Fund 125 CITY CLERK 140 RETIREMENT 13 Park Fund 140 FINANCE 142 HEALTH/LIFE INSURANCE 14 AB 3229 COPS Fund 160 CITY ATTORNEY 143 WORKERS'COMPENSATION 15 Air Quality Improvement Fund 172 BUILDING&SAFETY 138/141 MEDICARE/SUI 16 Gas Tax Fund 175 PUBLIC WORKS 210 OFFICE EXPENSE 17 Traffic Safety Fund/TDA Fund 180 COMMUNITY SERVICES 218-219 NON-CAPITAL FURN/SMALL TOOLS 19 Facilities Development Fund 185 RENTAL INSPECTION PROGRAM 220 SPECIAL DEPARTMENTAL EXP 20 Measure]Fund 190 GENERAL GOVERNMENT(NON-DEPT) 230 ADVERTISING 21 Waste Water Disposal Fund 37000MMUNITY&ECONOMIC DEV 235 COMMUNICATIONS 26 LSCPG/LGHTG Assessment Dist 380 MGT INFORMATION SYSTEMS 238-239 UTILITIES 44 Bike Lane Capital Fund 410 LAW ENFORCEMENT ' 240-242 RENTS&LEASES 46 Street Improvement Projects 430 RECREATION SERVICES 245-246 MAINT BLDG GRNDS EQUIPMNT 47 Barton Rd. Bridge Project 440 CHILD CARE 250-251 PROFESSIONAL SERVICES 32 CRA-CAPITAL PROJECTS FUND 450 PARKS.MAINTENANCE 255-256 CONTRACTUAL SERVICES 33 CRA-DEBT SERVICE FUND 631 STORM DRAIN MAINTENANCE 260 INSURANCE&SURETY BONDS 34 CRA-LOW&MOD HOUSING 801 PLANNING COMMISSION 265 MEMBERSHIPS&DUES 602 CRIME PREVENTION UNIT 268 TRAINING 804 HISTORICAL&CULTURAL COMM. 270 TRAVEUCONFERENCES/MTGS 805 SENIOR CITIZENS PROGRAM 272 FUEL&VEHICLE MAINTENANCE 807 PARKS&REC COMMITTEE 570 WASTEWATER TREATMENT 808 EMERGENCY OPERATIONS PROG. 33-300 DEBT SERVICE 7XX FACILITIES IMPRV(NO CIP) 700 COMPUTER-RELATED 701 VEHICLES&EQUIPMENT I certify that to the best of my knowledge, the afore-listed checks for payment of City and Community Redevelopment Agency liabilities have been audited by me and are necessary and appropriate for the operation of City and Agency. Bernie Simon,-Finance Director CITY OF GRAND TERRACE PENDING CITY C®UNCILAPPROVAL CITY COUNCIL MINUTES REGULAR MEETING - SEPTEMBER 28,2010 A regular meeting of the City Council of the City of Grand Terrace was called to order in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, on September 28, 2010 at 6:00 p.m. PRESENT: Maryetta Ferre, Mayor Lee Ann Garcia, Mayor Pro Tem Bea Cortes, Councilmember Walt Stanckiewitz, Councilmember Betsy M. Adams, City Manager Brenda Mesa, City Clerk Bernard Simon, Finance Director Joyce Powers, Community&Economic Development Director Richard Shields, Building& Safety Director John Harper, City Attorney Sgt. Carlos Espinoza, San Bernardino County Sheriff s Department Rick McClintock, San Bernardino County Fire Department ABSENT: None The City Council meeting was opened with Invocation by Mayor Pro Tern Lee Ann Garcia, followed by the Pledge of Allegiance led by Councilman Walt Stanckiewitz. ITEMS TO DELETE -None SPECIAL PRESENTATIONS 2B. Certificates of Recognition- Sheriffs Department Mayor Ferre indicated that the Council is very appreciative of the Sheriff s Department and the hard work especially some that has been done recently to help keep Grand Terrace's reputation as being a safe place to live. She read a Commendation for Detective Bryan Wellot commending him for his outstanding service to the Community of Grand Terrace. Mayor Ferre read a Commendation commending the following Detectives for all of their outstanding service to the Community of Grand Terrace and presented them with their certificates: COUNCIL AGENDA ITEM NO. ��e Council Minutes' 09/28/2010 Page 2 Detective Doris Stuart Detective Mario Juarez Detective Bryan Wellot Detective Audo Moreno Detective Brad Shaver Deputy Mike Walker 2C. Proclamation- Fire Prevention Month- October 3-9, 2010 Mayor Pro Tern Garcia read a Proclamation proclaiming October 3 - 9, 2010 as Fire Prevention Week in the City of Grand Terrace and urge all residents to protect their homes and families by heeding the potentially life-saving messages of Fire Prevention Week 2010, and to support the many activities and efforts of Grand Terrace Fire and Emergency Services and presented it to Battalion Chief Rick McClintock. CONSENT CALENDAR CC-2010-80 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER CORTES,CARRIED 4-0,to approve the following Consent Calendar Items with the removal of item 3A., 3D., and 3E., 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of 09-14-2010 Minutes 3F. Reject Liability Claim GTLC-10-03 (Martin) 3G. Historical and Cultural Activities Committee Minutes of 07-12-2010 3H. Crime Prevention Committee Minutes of 08-09-2010 K. Community Emergency Response Team(C.E.R.T.)Minutes of 08-03-2010 ITEMS REMOVED FROM CONSENT CALENDAR 3A. Check Register Dated 09-28-2010 Debra Hurst,22950 Orangewood Court,requested an explanation on the following voucher numbers: #65813 - Health Insurance for Steve Berry and would like proof that the City is getting their money back. #65830 - Grand Terrace Area Chamber of Commerce and questioned what type of professional services do they give the City of Grand Terrace.#65834 -Harper&Burns LLPN and questioned what type of services were provided for that type of expenses. She stated that there were over$200,000.00 in fees that were charged to the City of Grand Terrace and is wondering how much of that was caused. #65841 - Life insurance for H. Grant and questioned why the City is paying for life insurance for Mr. Grant. 3 D. Five-Year Capital Project Needs Analysis and Capitaf Improvement Program Council Minutes 09/28/2010 Page 3 Doug Wilson, 12168 Observation Drive,he would like to applaud the service the Director of Building and Safety and Public Works,Mr. Shields continues to provide to the City. This is not the first time that Mr. Shields has been on top of an item of tremendous benefit to this City. Recently, although on different scale, he also coordinated 911 flag retirement ceremony with the Lion's Club and the local Boy Scout Troop. Despite some recent injuries and recuperation, he has continued to perform in the capacity that few have the technical knowledge and certifications to accomplish and thanked him. Item 3D. is an opportunity to participate as a party to an already approved project and funded program known as Measure I. As Councilwoman Cortes knows being the Vice-president, Measure I is the November 2004 SANBAG half of a percent tax for regional circulation needs. As this body may or may not be aware,he interviewed a couple of weeks ago to be a part of the SANBAG Measure I Oversight Committee and so he is intimately familiar with its workings. By providing this five-year capital project needs and analysis and development mitigation annual report by September 30, 2010 Grand Terrace can qualify for nearly $450,000.00 towards widening Michigan Avenue from Commerce to Van Buren. The City is obligated to provide $301,000.00 incident to receiving the $450,000.00 from SANBAG. The allotment from SANBAG will be scaled back in accordance with the amount of development impact fee revenue generated at City level. More importantly,we will be in the pipeline for the funds. As the Chairman of your PlanningCommission,he encourages the City Council to approve this Resolution. 3E. Notice of Completion- Street Rehabilitation Project(Roquet Paving, Inc.) CC-2010-81 MOTION BY COUNCILMEMBER STANCKIEWITZ, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 4-0, to approve the following Consent Calendar Items that were removed: 3A. Check Register Dated 09-28-2010 3D. Five-Year Capital Proj ect Needs Analysis and Capital Improvement Program 3E. Notice of Completion- Street Rehabilitation Project (Roquet Paving,Inc.) PUBLIC COMMENT Darcy McNaboe, 11846 Preston Street, stated that this is a disclosure and clarification for the record. Yesterday, September 27, 2010, I received copy of a complaint that was filed with the Fair Political Practices Commission alleging a conflict of interest in my campaign for City Council. At this time the Fair Political Practices Commission has not made a determination of action with respect to this complaint and they have not requested any information or clarification from me. My purpose today is to inform the record on one specific issue in the complaint and that is that I frequently contracted with the City of Grand Terrace to write and publish articles for the Blue Mountain Outlook. This allegation is false. The truth is that my company Village Enterprises did contract with the City of Grand Terrace Council Minutes 09/28/2010 Page 4 to do projects on a as needed basis. Projects performed did not include article writing or publishing for the Blue Mountain Outlook. Village Enterprises�an LLC maintained a business license the entire time work was performed. Village Enterprises continues to maintain a business license with the City of Grand Terrace although no work for the City is currently being performed nor expected. The contract price negotiated, as a special rate for the City, was a 60% discount from the company's standard rates. Further, during the time that work was performed for the City, I was not acting in the capacity of Board Member for the Grand Terrace Area Chamber of Commerce, a position for which I receive no compensation. There are other complaints with respect to the Chamber of Commerce and the Blue Mountain Outlook in this complaint and I will defer those to the Chamber Board for a response, if they deem necessary. I am willing to meet and discuss concerns that anyone has about this matter but this is my statement for this forum. At this time I will give my political opponent the benefit of the doubt that this complaint was not filed for an attempted political gain. Thank you for your time. Charles Hornsby,22656 Brentwood Street,stated that there has been,a lot of talk the last few years about the demise of the middle class. It's a lot more than just talk. It's happening. You see it all around and you don't have to look very far in Grand Terrace to realize that we're pretty much a middle class town. There is a few rich people but basically this is about as good as example as middle class America as you can find. Then when you do the math we're a town of about 12,000 people I guess, we'll find out with the census. A couple of ' weeks ago three people in town,Lee Ann Garcia,Mayor Ferre and'Bea Cortes,acting for the City,took$100.00 from every citizen in town and gave it to Stater Bros. He feels that there may have been a lot of reasons to do it but it was wrong. The reasons'to do it were contrived. Jack Brown and Stater Bros. could have easily afforded all of the expenses of the store but why should he when he can get the City to pay for part of it. He stated that they have been good neighbors but not in this particular case,mainly for the reason that they took advantage of the Council and their weakened position. They know the City is desperate to keep business in town,they know you'll do just about anything and they took advantage of that. He feels like it is a little bit like a spoiled teenager threatened to take his ball and go home. They were going to build that store anyway,that's where they make their money. They build grocery stores and they sell groceries. The middle class is disappearing, because they took $100.00 from every man woman and child in this town and gave it to a rich corporation who doesn't need it. He stated that Mr. Hilkey makes some good point's. The Redevelopment Department has brought a lot of good to town but they have also brought tremendous debt, a great deal of corruption and what many people think of as a puppet City Council. COUNCIL REPORTS Mayor Pro Tem Garcia, stated that over time she has come to` enjoy Mr. Hornsby's comments. She stated that being a Councilmember is very challenging and it's hard. She feels that one of the hardest thing is when there is a split in the community. It is so nice Council Minutes 09/28/2010 Page 5 when everyone comes in and everyone is in the same direction. She feels that if it went to a vote of the people, they would have voted for the Stater Bros. Markets agreement. She feels that she is here to do the will of the people. She encouraged everyone to check out the Burrtec News. We have been talking about being a green community and they do a lot of extra stuff. She had the opportunity to go to the Blue Mountain Villas on September 16, 2010 to discuss fire prevention at their community. She encouraged everyone to ensure that their smoke alarms are working properly. She requested an update on a project that will be happening in town on October 4, 2010 and the detours that will be available. Director of Building and Safety/Public Works, Richard Shields, responded that the construction of Grand Terrace,Road will begin the week of October 4,2010. It will start at Barton Road and continue to Vivienda Avenue, at which time the paving will be removed and new paving will be placed. Staff is looking at a 60 day contract with Palm Canyon Contractors but he feels that the project will take less than 60.days. Mayor Pro Tern Garcia,reminded the community that the Halloween Haunt will be held on October 31, 2010 and the Country Fair will be held on November 6, 2010. Councilmember Walt Stanckiewitz, commended Director of Building and Safety/Public Works Director Shields for the pavement job from the bridge to Grand Terrace Road on Barton Road. He reminded everyone that the pay-roll audit report that was released by the Council at the last Council Meeting is available in an electronic version if you contact the City Clerk's Department. PUBLIC HEARINGS 6A. An Ordinance 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 Senior Planner Sandra Molina, gave an overview of the types of subdivisions and the types of applications that are handled by the City. She indicated that the draft Ordinance has been reviewed by City Staff, the City Attorney, San Bernardino County Fire and the County Surveyor. The proposed Subdivision Ordinance was reviewed by the Planning Commission at two public workshops held on August 5 and September 2, 2010. On September 2,2010, the Planning Commission directed staff to forward the proposed Ordinance to the City Council for adoption. She indicated that the proposed Subdivision Ordinance is a comprehensive ordinance that outlines the procedures for processing tentative tract maps, tentative parcel maps,final maps,improvement agreements,lot line adjustments,lot mergers, reversions to acreage, and modifications to tentative maps. She went through the different Chapters and the changes that are being proposed. Council Minutes 09/28/2010 Page 6 Mayor Ferre opened the Public Hearing for discussion, there being none, she closed the Public Hearing and returned the discussion to the Council. Mayor Pro Tem Garcia,requested that Staff indicate the changes that are here from before, what percentage are subjective versus required bylaw. She understands that laws change and the importance of being legal. If there is something legally that we are required to do then she understands that,but when it is just some ones preference to do it a different way she has an issue with that. City Attorney John Harper, as a practical matter,virtually all of this ordinance is statutory. What the City has done to this point is essentially used the statute in lieu of having a subdivision ordinance. The types of things that a subdivision ordinance can address that the statute doesn't are things like the Planning Commission hears tentative maps rather than the City Council. In terms of the rules concerning how you go about subdividing property,what you are obligated to do with tentative maps, final maps, and improvement security is all statutory. Mayor Pro Tem Garcia,responded that she understands all of that,however,she was not told about the authority level being at the Planning Commission level'as opposed to the City Council level change until this evening. City Attorrigy Hner, stated that ultimately the final authority is always at the City Council level. Mayor Pro Tem Garcia, stated that if they never see things then as a Council they would not know what is going on. She feels that Grand Terrace is a small City and that there is no reason why the City Council can't be involved. She feels that this is a major change. Senior Planner Molina, responded that this is a significant change, which is why it was identified in the staff report and why she identified it in her presentation this evening. The Map Act does give the City Council the ability to give this authority to the Planning Commission, it's not a mandate that they have to. Mayor Pro Tem Garcia, confirmed that staff is recommending it. Senior Planner Molina, responded in the affirmative. Mayor Pro Tem Garcia, questioned what staff s thought process on why final decisions should be at the Planning Commission as opposed to the City Council. Senior Planner Molina, responded that the thought process was in that looking at different ordinances from different various cities, most of them, in fact all of the ordinances she Council Minutes 09/28/2010 Page 7 looked at, gave that authority to the Planning Commission. Mayor Pro Tem Garcia, questioned if they were large or small cities. Senior Planner Molina, responded that she looked at Redlands, Loma Linda, and Ontario. She stated that the County Subdivision Ordinance gave the authority to the Director. Mayor Pro Tem Garcia,stated that she could see that in a large City,however Grand Terrace is small. She was on the Planning Commission for two years and then she came to the Council. She stated that she cares about the community and she wants to know every development that is coming on every little piece of parcel. She stated that Grand Terrace has a great Planning Commission and this is nothing to say that they don't do a great job however,the difference is as a Councilperson they have to be elected so they have to look at every resident in the face and be able to say this is why we voted this way. The Planning Commission is a little bit the same but it's not the same as having to go through an election process. Councilmember Bea Cortes, questioned what was the opinion or suggestion from the Planning Commissioners regarding them taking over the decision making even though the Council has the final authority. Senior Planner Molilna, responded that they did have that discussion, one of the Commissioner is an Engineer and another one is in the development industry so this wasn't something that was unfamiliar to them. They also understood that the main reason for the change was to be able to give a person that is dissatisfied with the action an extra step of appealing it to the City Council if it's a problematic project. She stated that she is unsure what appeal process they would have if the Council has the final approval authority. City Attorney Harper, responded that if the City Council is the final determining body then there is no appeal. Senior Planner Molina,stated that this was the main reason for adding this step,so that there would be an appeal process. Councilmember Cortes,confirmed that the entire Planning Commission was in favor of this change. Senior Planner Molina,responded in the affirmative. Councilmember Walt Stanckiewitz, referred to the ordinance and indicated that five of the actions listed in the table show the Planning Commission being the appeal body and questioned if they would have the opportunity to take it to the City Council if they were not Council Minutes 09/28/2010 Page 8 ok with the decision of the Planning Commission. Senior Planner Molina,responded that they would. She indicated that when it is a staff level type of approval then the next step of appeal would be the Planning Commission,however, if you look at Item C under the same table it states that the City Council shall be the final appeal body on all appeals. City Attorney Harper, stated that everything can be appealed to the City Council. They get the final decision on everything. Mayor Pro Tern Garcia, stated that there are fees involved in appeals. City Attorney Harper, stated that if there is a controversial matter before the Planning Commission that they get advice from a City Councilmember. Councilmember Stanckiewitz, referred to Section 17.24, Common Interest Development Conversions. He indicated that he has questioned how many properties this would directly affect and reported that it was his understanding that the Highlands at 556 units and the Crest Apartments at 228 units would be the only two properties that would have a difficult time converting to condos because of the 74 limit. City Attorney Harper, stated that he feels this is not quite accurate in that if someone converted 73 in the year, the next one up is 74. The limit is 74, if the 74 is exhausted, if someone wants to come in and wants to convert 4 units they would have to wait. Councilmember Stanckiewitz,stated that he is talking in terms of an,entire property coming forward and wanting to convert. We are saying that the Highlands and the Crest Apartments will never be able to convert. Senior Planner Molina, responded that we are not saying that they would never be able to convert. What we are proposing is to provide a process that anything in excess of the 74 within a calendar year could do so but they have to demonstrate how they can make up the difference in the rental housing stock that they are converting. Councilmember Stanckiewitz,stated that it was noted that this Section is not required by the Subdivision Map Act and clarified that this is something that staff is asking to include that isn't required. He feels that this is a moral issue that he is not sure government should be telling private property owners what they can or can not do with their'property and it appears that we're putting that limit on those two properties in particular. Community and Economic Development Director Joyce Powers, indicated that this would apply if of course the units are converting to low to moderate income families. They have Council Minutes 09/28/2010 Page 9 the option of waiting a calendar year to complete the project. Staff s intention was to bring them into a process where we could work to preserve the City's supply of low to moderate income housing per our requirements of the housing element and the State. There are many options available, as you know,there is a low to moderate income housing fund,which we could discuss with the Council to use some of the funds to keep those units affordable. There are several options available. Staff s intent with this was if that amount was exceeded that they be brought into a process were staff could work with them to preserve that supply. l Councilmember Stanckiewitz,stated that it won't necessarily prevent them. The City is not going to prevent them from making a business decision that they want to make because it impacts the public or this towns low income housing numbers. Community and Economic Development Director Powers,responded that the other thing that you would want to look at before you make an absolute statement is if the conversion, once the units are sold,there are still affordable to low to moderate income families. It wouldn't necessarily incur other requirements. Staff would check to make sure first and foremost if the units are still affordable. If they are not,the Agency could be interested in participating so that some of those units are available to the same families that are renting. She indicated that this change is optional and it is up to the Council whether they want to keep this section in the ordinance. Councilmember Stanckiewitz,questioned how long the County Subdivision Ordinance been expired. Community and Economic Development Director Powers, responded that the County Ordinance is not expired, she feels that he may be referring to the City's adoption of the County's ordinance and that would have been good for one year after incorporation. Since that time the City has been operating under the Subdivision Map Act. Councilmember Stanckiewitz, stated that the City has not had their own for 30 plus years. City AttorneyHHnerer, clarified that the City followed the State Statute. Looking at this ordinance was driven by the Town Square Project. Questions were raised that were answerable but more easily answerable if we had our own ordinance. Councilmember Stanckiewitz,he indicated that he would like to see incorporated in this as either a procedure or formal approval document which reflects all the actions related to the project so that when the questions come up we can go to one place and find when, where, how and who. It would be a living document and it would exist for every change that's ever made that goes on with that particular project so that we get away from this accusations of hand shakes. If it isn't in writing and there aren't signatures at the proper levels then it doesn't constitute a legal change. He would like to make sure that gets included within this Council Minutes 09/28/2010 Page 10 and written procedures for the ordinance for each area covered with forms and signatures requirements spelled out so there is no doubt how it operates. Community and Economic Development Director Powers,responded that as you can tell the ordinance does provide a very good step by step process for developers and for staff to follow. They intend to create an actual department to department check list and list the individual agencies and some place to initial that that department or agency has reviewed and approved. Councilmember Cortes,questioned if any of the complexes have come to staff and ask to be converted. Senior Planner Molina,responded that in the short time that she has been with the City, she is not aware of any. Just knowing the community and that conversions don't happen in this area very often. She feels that it is unlikely that there has been one�in the past, however, it is easily reviewable by going through the records. Councilmember Cortes, doesn't recall this ever happening. She understands that the 5%is on first come first serve basis and of course staff would make sure:that the people that are living in there can afford to stay there, once it was converted from an apartment to a condo. Senior Planner Molina, stated that the Community and Economic Development Director indicated that also a possible option for any subdivider that wants to convert over that 5% for that year,there are different options that can be looked at and one would be to see if there is a mechanism to have some of those existing occupants remain. City Attorney Harper, stated that otherwise there are not requirement in this nor the State Law that the price point would be such that the existing resident could stay and that they have to be offered the unit but there is no obligation unless they say that they want the unit. One of the things which stands in the way of condo conversions is there are generally substantial upgrades if an apartment can't simply be a condo tomorrow. Lots of changes physically and structurally would need to happen, which generally means they are priced out of low to moderate and extremely low income. There are ways that the City;can assist in doing that but there is no legal obligation that the resident be allowed to remain in the unit without regard to price. Mayor Pro Tem Garcia, stated that she would like further analysis,when we are going to make a change,basically this is something that we have done for 30 years and we are talking about changing it. She would like to see an analysis of what the State has, which we have been following for the last 31 years, what their recommendations are and the potential impacts in the City. She has been around too long to recognize that some times there is this little law and you think it's not going to have any major impacts but then you find out that Council Minutes 09/28/2010 Page 11 because the economy is changing and other things that it is going to have an impact. She feels that this needs further study and further analysis. She feels that she has been misled. She will be voting no unless it can be taken back for further analysis. Councilmember Cortes, stated that she doesn't feel that she was misled. She went over the report with staff and Senior Planner Molina did indicate on page 2 that the procedural change was being proposed. She has a problem with changing over right now. Even though Council did received this packet a few days ago and was able to study it and meet with staff she is not comfortable with making the changes right now. Community and Economic Development Director Powers,responded that the two items that she hears Council has concerns with is deferring some of the approving authority to the Planning Commission. Staff is presenting to the Council the Planning Commission's recommendations. If the Council chooses not to do that Staff can incorporate Council's comments and require it to come to the City Council. The second item that it sounds like Council has concerns with is Chapter 17.24.060 regarding the conversion affect on the housing supply. Staff does need to include the process for conversion of the units,however the paragraph 060 that covers its affect on the City's supply of affordable can be excluded, if that is the desire of the Council. Just the process would be included so that if a person were to come in to convert them, we do have an established process within the Ordinance. t, Councilmember Stanckiewitz, indicated that he would like to eliminate section 17.24.060 and also feels that there needs to be further discussion on the approval body and appeal body. Mayor Pro Tem Garcia, concurs with Councilmember Stanckiewitz and she does not feel comfortable with the staff recommendation. She would like the final decision to be with the Council. CC-2010-82 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER STANCKIEWITZ, CARRIED 4-0, to approve the first reading of an Ordinance 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 with the following amendments: Section 17.04.050 Review, approval and appeal body table should read as follows: TYPE OF ACTION REVIEW BODY APPROVAL BODY APPEAL BODY Tentative Maps Planning City Council n/a Commission Council Minutes 09/28/2010 Page 12 TYPE OF ACTION REVIEW BODY APPROVAL BODY APPEAL BODY Vesting tentative Planning City Council n/a maps Commission Tentative parcel Planning City Council n/a maps Commission Tentative map City staff& other Director Planning - extensions responsible agencies 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 acreage Planning City Council n/a Commission Lot and parcel City staff&other Director Planning mergers responsible agencies Commission Lot line adjustments City staff& other Director Planning responsible agencies -Commission Certificate of City staff&other City Engineer Planning Compliance responsible agencies Commission and to eliminate Section 17.24.060 of Chapter 17.24 Common! Interest Development Conversion. UNFINISHED BUSINESS -None NEW BUSINESS -None I CLOSED SESSION -None Mayor Ferr6 adjourned the meeting at 7:20 p.m., until the next City Council Meeting which is scheduled to be held on Tuesday, October 12, 2010 at 6:00 p.m. t ; Council Minutes 09/28/2010 Page 13 CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace Y. iAL11F�Rvl1 AGENDA REPORT MEETING DATE: October 12, 2010 Council Item ( X ) CRA Item ( ) TITLE: Purchase of a Hybrid Vehicle with AQMD AB 2766 funds PRESENTED BY: Joyce Powers, Community and Economic Development Director RECOMMENDATION: Approve the purchase of a Ford Escape Hybrid, which is the staff recommendation, with funds from Air Quality Improvement Fund. BACKGROUND: Code Enforcement is currently utilizing a Chevrolet Tahoe, which is a leased vehicle with a lease termination date of November, 2010. Staff proposes to replace the vehicle y with an alternative fuel vehicle,that qualifies for full funding through the Air Quality Management District-(AQMD) AB 2766 program. The vehicle would be primarily used by Code Enforcement, but would also be available for any City staff requiring a 4X 4 for difficult terrain. DISCUSSION: The City receives approximately $14,000 per year in AQMD subvention funds. These funds are placed in the Air Quality Improvement Fund (Fund 15) which is a special revenue fund for fees received from the California Department of Motor Vehicles (DMV). The current fund balance is approximately $70,000. Expenditure of the funds is restricted to items that improve air quality, and the recommended vehicle, a Ford Escape,Hybrid 4 x 4, qualifies for AB 2766 funding. The City is able to take advantage of bidding completed by another government agency and receive a volume discount. Staff obtained proposals from three Ford dealers with existing contracts for government vehicles: Redlands Ford, Fairview Ford Sales of San Bernardino, and Fritts Ford of Riverside. The lowest price was offered by Redlands .Ford, by a small margin, which is the staff recommendation. The estimated cost of the COUNCIL AGENDA ITEM NO.3 IJ V f vehicle is $29,303, plus sales tax ($2,565). The total estimated cost is $ 32,000. The vehicle must be ordered, and the expected date of delivery is January, 2011. FISCAL IMPACT: The vehicle would-be paid for through the current Air Quality Improvement Fund (Fund 15)/Air Quality Fund (AB 2766) which has a current.balance of approximately $70,000. Respectfully submitted, Joyce Powers Community-and Economic Development Director Manager Approval: /.' Betsy . Ada s City Manager ATTACHMENTS: None i i I i .0W N113TI M, 03-4i'')A J"I'D tt.100 HECENED Historical & Cultural Activities Committee SEP 2 2010 Minutes for September 13,2010 - CITY OF GRAND TERRACE The meeting was called to order at 7:10 p.m. by Chairperson Pau CITY CLERK'S DEPARTMENT line.Grant. Those present were Pauline Grant, City Clerk Brenda-Mesa, Masako Gifford, Peggy Reagan, Shelly Rosenkild, Ann Petta, Frances Carter and Gloria Ybarra. Secretary's Report: The minutes for July 12, 2010 were read and approved on a motion by Ann, seconded by Shelly. All in favor. Motion carried. Treasurer's Report: The budget shows a balance of$1, 200.00. The Petty Cash balance is$ 52.54. Historical Report: Ann reported that discussions are currently underway with the Grand- Terrace Boy Scouts Troop 40 concerning the glass display case. More information to follow at the next committee meeting. Old Business: 29`h annual Country Fair, Saturday,November 6, 2010 Masako advised that after conferring with the Lion's Club, the Community Center is secured for the Fair. Presently, Ann is continuing to contact people regarding participation in the Fair. Masako will purchase supplies as needed for the Fair. The committee viewed the application original presented by Shelly and, after review, the application was approved. Shelly will have the poster ready for the'next meeting and she will also send in an additional article to the newspapers regarding the advertising of the Fair. The committee approved the banner ordered by-Shelly. The size of the banner which is currently 3ft. x 8ft. will be adjusted to 3ft. x 6ft. to fit the necessary space needed. The committee was unable to accept the request by Norma Anderson to participate in the Country Fair as she does not meet the Fair Guidelines/Restrictions at this time. Brenda alerted the committee to a health issue. The committee is currently waiting for further information regarding this issue. . The request from the Dog Park Committee, c/o Foundation of Grand Terrace asking for permission to participate in the Fair, was approved on a motion by Ann, seconded by Frances. All in favor. Motion carried. The meeting was adjourned at 8:10 p.m. The next committee meeting is scheduled for October 4, 2010. Res ectfully Sub tted, 6ona Ybarrai Secretary COUNCIL AGENDA ITEM N®. '7�_ J E �LI'FORNIA AGENDA REPORT MEETING DATE: October 12, 2010 • Council Item (X) CRA Item ( ) TITLE: Introduction of Ordinance No. amending certain chapters of the Grand Terrace Municipal Code and adopting by reference the California Code of Regulation published by the'California Building Standards Commission. PRESENTED BY:_ Richard Shields,''Director of Building_and Safety/Public Works RECOMMENDATION: ' 1. Introduce Ordinance No. adopting the California Code of Regulations, Title 24. " 2. Set-,Ordinance No.' for a Second Reading at the City Councils October 26, 2010 meeting. BACKGROUND: The State's Health and Safety Code (Section 17958) mandates the California Building Standards Commission adopt and publish the California Codes, Title 24, known as the California Code of Regulations. Every three (3) years, the -codes are published to incorporate all code changes accepted by a majority vote of members at the annual code development meetings. As a result, the new codes will become effective- statewide on January 1, 2011. ' Each jurisdiction in the State is'mandated to adopt the California Code of Regulations and make amendments to the codes that are' reasonably necessary because of local climatic, geological or topographical conditions. Staff has not made any change to the provision of the California Code of Regulations.' DISCUSSION: The following - Codes mandated by the- State of California Building Standards Commission for local adoption are: 2010 California Building Code Volume 1 and 2 2010 California Referenced Standards Code 2010 California Residential Code 1 . COUNCIL AGENDA ITEM NO. }� 2010 California Green Building Standards Code 2010 California Mechanical Code 2010 California Plumbing Code 2010 California Electrical Code In this code cycle, the California Building, Standards Commission has adopted two new code regulations defined as the 2010 California Residential Code and the 2010 California Green Buildings Standards Code. The 2010 Residential Code is based on the 2009 International Residential Code. - California is one of the last States to adopt the use of the international Residential Code. Many of the-provisions in this code mirror those requirements in the current 2007 California Building Code. The 2010 Residential Code unlike the previous code requires all one and two family,homes to be protected by fire sprinklers in accordance with the provisions set forth in NFPA 13D. The 2010 California Green Building Standards Code sets mandatory requirements relating to water usage, energy efficiency, waste -conservation, and erosion practices among other requirements. The California codes have always been in the forefront with many of these -requirements listed in the Green Standards Code through other State agencies requiring the same green requirements. Examples of the State's requirements that are already in effect in Grand Terrace are the Water Efficient Landscape Ordinance No. 247, the Recycling and Diversion of Construction and Demolition Waste Ordinance No. 243 and the City's enforcement and compliance with San Bernardino County MS4 Storm-Water Permit: k The Green Standards Code also provides appendices for voluntary use to construct beyond the minimum standards in the current codes. . The proposed ordinance will repeal existing chapters of the Grand Terrace Municipal Code in Title 15, adding new chapters to those repealed and adding two new additional chapters for -adoption of the California Residential Code and 'the California Green Standards Code. FISCAL IMPACT: The cost for enforcing the updated codes and providing staff training has been included in the annual Building Department budget for fiscal year 2010=11.- No other fiscal impacts are anticipated. 2 Respectfully submitted, Richard Shields, Director of Building and Safety/Public Works Manager Approval: Betsy Adams City Manager ATTACHMENTS: Proposed Ordinance No. 3 i ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE CALIFORNIA, AMENDING TITLE 15, OF THE CITY OF GRAND TERRACE MUNICIPAL CODE BY REPEALING AND REPLACING CHAPTERS 15.08, 15.12, 15.16, 15.20, AND ADDING CHAPTERS 15.10 AND 15.17, DELETING CHAPTER 15.09, ADOPTING THE CALIFORNIA CODE OF REGULATIONS TO INCLUDE THE REFERENCED STANDARDS, TITLE 24, PART 2, AND 12, VOLUMES 1 AND 2, BASED !ON THE 2009 INTERNATIONAL BUILDING CODE, PART 2.5 BASED - ON THE 2009 INTERNATIONAL RESIDENTIAL CODE, PART 3, BASED ON THE 2008 NATIONAL ELECTRICAL CODE, PART 4, BASED ON THE 2009 UNIFORM MECHANICAL CODE, PART 5, BASED ON THE UNIFORM PLUMBING CODE, PART 11, GREEN BUILDING STANDARDS. THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES ORDAIN AS FOLLOWS: Section 1. CHAPTER 15, CALIFORNIA BUILDING CODE Title 15, Section 15.08.10 and 15.08.20 of the Grand Terrace ',Municipal Code is hereby repealed in its entirety with a new Section 15.08.10 hereby added to read as follows: ; SECTION 15.08.10, ADOPTIONS Except as provided in this chapter, those certain building codes known and designed as the California Code of Regulations, Title 24, Part 2, Volume 1 and 2, based on the 2009 International Building Code, including Appendix Chapter "C", "G", 181", "J", and Part 12, California Referenced Standards shall become the Building Code of the City of Grand Terrace for regulating; the construction,. occupancy, equipment, use, height, area and maintenance of all buildings and/or structures in the City. The California Code of Regulations and its appendix chapters will be on file for public examination in'the office of the Building Official. Section 2. F CHAPTER 15.09, CALIFORNIA EXISTING BUILDING CODE] Title 15, Section 15.09, and Sections 15.09.10 through 15.09.60 of the Grand Terrace Municipal Code is hereby deleted. The Existing Buildings Code, Part 10 -has been incorporated into the California Code of Regulations,;Title 24, Part 2, Volume 2, adopted in Section 15.08.10 of this Ordinance. 1 Section 3. CHAPTER 15.10, CALIFORNIA RESIDENTIAL CODE Title 15, Section 15.10 and 15.10.10 are hereby added to the Grand Terrace Municipal Code to read as follows: SECTION-15.10.10, ADOPTION Except as provided in this chapter those certain building codes known and ' designed as the'California Residential Code, California Code of Regulations, Title 24, Part 2.5, based, on the 2009 International Residential Code shall become the Residential Building Code,of the City of Grand Terrace for regulating the construction, occupancy, equipment, use, height, area and maintenance of all residential buildings and/or structures in the City. The California Residential Code and its chapters will be on file for public examination in the office of the Building Official. Section 4. - CHAPTER 15.12, CALIFORNIA ELECTRICAL CODE. Title 15, Section 15.12.10 and 15-12.20 of the Grand Terrace Municipal Code is hereby repealed in its entirety with.Section 15.12.10 hereby added to read as follows: SECTION 15.12.10, ADOPTIONS Except as provided in this chapter, the California Electrical Code, California Code of Regulations, Title'24, Part 3, based on the 2008 National Electrical Code as published by the National Fire Protection Association, shall become the Electrical Code of the City of Grand Terrace, regulating all installations, arrangement, alteration, repair, ' use and other operation of electrical wiring, connections, fixtures and other electrical -appliances on premises within the City. The California Electrical Code is on .file for public examination 'in the office of the Building Official. Section 5. CHAPTER 16.16, CALIFORNIA PLUMBING CODE Title 15, Section 15.16.10 and 15.16.20 of the Grand Terrace Municipal Code is hereby repealed in its entirety with Section 15.16.10 hereby added to read as follows: 2 SECTION 15.16.10, ADOPTION Except as provided in this chapter, the California Plumbing Code, California Code of Regulations, Title 24, Part 5, based on the 2009 Uniform Plumbing Code as published by the International Association of Plumbing' and Mechanical Officials, shall become the Plumbing Code of the City of Grand Terrace, regulating construction, installation, alteration, repair, relocation, replacement, maintenance or use of plumbing systems within the City., The California Plumbing Code will be on file for public examination in the office of the Building Official. Section 6. CHAPTER 15.17, GREEN BUILDING STANDARDS Title 15, Chapter 15.17 is hereby added to the Grand Terrace Municipal Code. Section 15.17.10 is hereby added to read as follows: SECTION 15.17.10, ADOPTION Except as provided in this chapter, the Green Building Standards, California Code of Regulations, Title 24, Part 11, as published by the California Building Standards Commission, shall become the Green Building Standards of the City of Grand Terrace, The provisions of this code shall apply to the planning, design, operation, construction, use and occupancy of every newly constructed building or structure. The Green Building Standards will be on file for public examination in the office of the Building Official. Section 7. CHAPTER 15.20, CALIFORNIA MECHANICAL CODE Title 15,_ Section 15.20.10 and 15.20.20 of the Grand Terrace!Municipal Code 'is hereby repealed in its entirety with Section 15.20.10 hereby!added to read as follows. r SECTION 15.20.10, ADOPTION i Except as provided in this Chapter, the California Mechanical Code, California Code of Regulations, Title 24, Part 4, based on the 2009 Uniform Mechanical_ Code as published by the International Association of Plumbing and Mechanical 3 Officials, shall become the Mechanical Code. of the City of Grand Terrace, regulating and controlling the design, construction, installation, quality of materials, location, operation, and maintenance of heating,",ventilating, cooling, refrigeration system, incinerators and other miscellaneous- heat producing appliances. The California Mechanical Code is on file for public examination in the office of the Building Offical. SECTION 8. SEVERABILITY If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part thereof is for-any reason held to be unconstitutional, -`� such decision- shall not affect this validi of the - remainin ty g portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phase thereof, irrespective of the fact that any one or more sections, subsection, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional. SECTION 9. EFFECTIVE DATE This Ordinance shall be in full force and effective a minimum of thirty (30) days after passage. The effective date of this Ordinance is January 1, 2011. SECTION 10. POSTING `!1 The City Clerk shall certify to the passage of this Ordinance and cause the same to be posed.pursuant to Government Code Section 36933. APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Grand Terrace held on the day of , 2010. Mayor of the City of Grand Terrace and of the City Council thereof. Attest: J City Clerk of the City of Grand Terrace and of the City council thereof. 4 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 day of November, 2010 by the following vote: AYES; NOES; ABSENT: ABSTAIN: Brenda Mesa, City Clerk Approved as to form: John Harper, City Attorney 5 , cn�iFos�ia AGENDA REPORT MEETING DATE: October 12, 2010 Council Item ( X ) CRA Item ( ) TITLE: Subdivision Ordinance ' PRESENTED_BY: Community and Economic Development Depart ment RECOMMENDATION: Adopt the attached Subdivision Ordinance. BACKGROUND: On September 28, 2010 the City Council conducted a public hearing on the City's Subdivision Ordinance, and moved the proposed Ordinance over for second reading with the following changes: Revise Table 17.040.050, Review, Approval and Appeal Body. City Council approval is required for all tentative maps, vesting tentative maps, and reversions to acreage; and Delete Section 17.24.060, Effect of conversion on the City's extremely low, very low, low and moderate income housing supply. For consistency, the remaining Section within the Chapter was renumbered. In addition, Section 17.24.070 (now 17.24.060), finding #6 was deleted.because it related to the affordable housing supply. These changes are shown- in cross-out/underline format so that the changes can be easily seen. DISCUSSION: Staff recommends adoption of the Subdivision Ordinance. FISCAL IMPACT: No fiscal impact. Prepared by, Sandia Molina Senior Planner COUNCIL AGENDA ITEM INO. '—/f- ' 1 Respectfully submitted, J yce Powers Community & Economic Development Director Manager Approval: Betsy . Ada s City Manager ATTACHMENTS: Subdivision Ordinance 1 { i ORDINANCE NO. 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 1.7.04 THROUGH CHAPTER 17.64 WHEREAS, the Subdivision Ordinance is intended to supplement and implement �J 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 Iby 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. 3 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 281h 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 of the City of Grand Terrace and of the City Council thereof. and of the 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: NOES: ABSENT: ABSTAIN: Brenda Mesa, City'�Clerk Approved as to form: John Harper, City Attorney Page 2 of 2 TITLE 17 SUBDIVISIONS Chapter17.04 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 i I1.7.04.060 Conformance to General Plan specific plans, and zoning regulations 34 17.04.070Indemnification......................................................................................34 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 Chapter17.08 Definitions.....:...............................................................................56 17.08.010 Incorporated definitions ...........................................6........6..................56 17.08.020 Definitions.............................................................................................56 Chapter17.12 Map Requirements.....................................................................910 17.12.010 Subdivisions of four (4) or less lots....:...............................................1410 _ 17.12.020 Subdivisions of five (5) or more'lots...................................................910 17.12.030 Waiver of parcel maps by the City Engineer..................................I.....910 17.12.040 Exceptions ........................................a-011 ....................... _ 17.12.040 Exclusions .......................................................................................41911 Chapter 17.16 Tentative Maps..........................................................................�11 17.16.010 General. .4-0 11 17.16.020 Preliminary maps....................................................:.............................11 17.16.030 Compliance with General Plan and Zoning..........................................1412' 17.16.040 Filing application.,..................:..........................................................4.12 17.16.050 Determination of application completeness.....................................�12 17.16.060 Tentative map review and distribution procedures...........................4-213 17.16.070 Map numbers...........................................:.................. ....................:.. 13 17.16.080 Information to be contained,on tentative maps................................4-213 17.16.090 Documentation to be submitted with tentative maps.;....................:.1-617 17.16.100 Referrals...........................................................................................1-819 17.16.110 Staff reports and recommendations for tentative maps ..........:........4-919 17.16.120 Time frames for action on tentative maps........................................4-920 17.1.6.130 Findings for approval of tentative maps......................................:.... �920 17.16.140 Effective date of map approval'.....................................................:..14-,421 17.16.150 Appeals............................................................................................. r921 17.16.160 Expiration of tentative maps ............................................................:3022 17.16.170 Extensions of time for tentative maps...............................................`022 October 12, 2010 Page 1 of 4 5 17.16.180 Modifications of tentative maps.........................................................2423 17.16.190 Withdrawal of tentative map .............................................................2-223 r Chapter 17.20 Vesting Tentative Maps ............................................................24 17.20.010 Purpose ...........................................................................................2-224 17.20.020 Applicability...............................................:.......................................2-224 17.20.030 Filing and processing of tentative maps...........................................2-224 17.20.040 Application materials.........................................................................2224 17.20.050 Development rights.............................................................................2-325 17.20.060 Mandatory findings for approval ...................................'....................2-426 17.20.070 Effective date of map approval ........................................................2426 17.20.080 Expiration of a vesting tentative map..........................:.....................2-426 17.20.090 Term of vesting tentative map .........................................................2426 17.20.106 Modifications to vesting tentative maps...........................................2&28 17.20.110 Expiration of vested rights .............................................:...................2-628 Chapter 17.24 Common Interest Development Conversions........................2628 17.24.010 Applicability......................................................................... :........:.2629 17.24.020 Development review required.......................................'...................2729 17.24.030 Physical standards for condominium conversions.,...... ..................2-931 17.24.040 Tenant provisions ..............................................................................34-34 17.24.050 Notice to new tenants......................................:................................3235 1 -`' ..366 # Gt Of GGFPv1GFGi0PH4R4h1e Qt�=�pr y :e� , 4Av-a-R4 fnede�a-te iROFne hGHS;Rg sUPP4y................... .............3336 17.24.06070 Findings.......................................................................................3336 - Chapter 17.28 Final Maps and Parcel Maps ................................ 17.28:010 General.............................................................................................3538 17.28'.020 Submittal to and review by the City Engineer:..............!..................3538 17.28.030 Complete and timely final map filing with the City Engineer ............3538 17.28.040 Final map approval by the City Council ........................:..................3639 17.28.050 Limitation on map denial by the'City Council....................................3740 17.28.060 Filing with the Office of the County Recorder ..................................; 7 o 17.28'.070 Waiver of parcel,mapsby the City Engineer.................:..................3740 17.28.080 Information to be contained on.parcel maps and final maps............3740 17.28.090 Map preparation form and content.................................!..................3841 17.28.100 Documentation to be submitted with parcel maps and final maps...3943 17.28.110 Soils and_geologic reports ..................................:,.........!..................4a-45 17.28.120 Bearings ..,,...4245...:............................................................................... _ 17.28.130 Orientation _............................................... :..................4245 17.28.140 Standard practices......................................:................. ..................^ 5 17.28.150 Limit of error ....................................................................................4246 17.28.160 Parcel map preparation ................................................ ..................4246 17.28.170 Parcel map and final map dedications..........................:..................-4-246 17.28.180 Acceptance or rejection of offers of dedication.............!...........:......--,246 17.28.190 Submission for certification!................: .. 346 October 12, 2010 Page 2of4 F 17.28.200 Approval by the City Engineer.........................:............I...................4347 17.28.210 Approval by the City Council.............................................................. 347 17.28.220 Filing with the County Recorder.......................................................4347 17.28.230 Multiple final maps.....................................:.....................................4447 17.28.240 Composite Development Plan ....`.....................................................4448 Chapter 17.32 Lot Line Adjustments...............................................................4549 17.32.010 Purpose and intent.......I........................................................................4a49 17.32.020 Applicability....................................................................................... 549 17.32.030 Filing of lot line adjustments ............................................................4549 17.32.040 Evaluation criteria..............................................................................4549 17.32.050 Processing procedures ...............4650 17.32.060 Conditions of approval.....................................................................4751 17.32.070 Expiration of lot line adjustments......................................:..............47-51 17.32.080 Appeals............................................................................................47-51 Chapter 17.36 Merger of Contiguous Parcels ................................................47-51 17.36.010 Purpose ......................................................................................:....4751 17.36.020 When parcels may be merged.........................................................47-51 17.36.030 City initiated,merger..........................................................................4852 17.36.040 Property owner requested merger...................................................5054 17.36.050 Effective date of merger...................................................................5955 17.36.060 Expiration of mergers...........................:............................................ A55 17.36.070 Appeals............................................................................................54-55 ' Chapter 17.40 Reversion to Acreage . . ..............................................5:55 17.40.010 Reversion requirements.......... ........ ...............................................5.1-55 17.40.020 Initiation of proceedings by owners..................................................5455 17.40.030 Initiation of proceedings by the City Council....................................5455 17.40.040 Data for reversion to acreage ...:......................................................556 17.40.050 Proceedings before the City Council................................................52-56 17.40.060 Required findings.........................:...................................................:5256 17.40.070 Re-filing of parcel maps....................................................................5256 17.40.080 Return of fees and deposits, and release of securities....................5257 17.40.090 Merger and re-subdividing without reversion....................................5257 Chapter 17.44 Certificate of Compliance........................................................'S357 17.44.010 Purpose............................................................................................5357 17.44.020 Applicability......................................................................................5357 17.44.030 Filing procedures5357 _ 17.44.040 Review and processing procedures.................................................5358 17.44.050 Underground utilities...................................... ......... .................5458 17.44.060 Drainage easements.........................................................................5458 17.44.070 Utilities.............................................................................................5459 October 12, 2010 Page 3of4 7 I i Chapter 17.48 Correction and Amendment of Map.........:..............................5459 17.48.010 Amendments permissible with certificate of correction or amending map 17.48.020 Submittal and approval of amending map by City Engin 5559 ........... ..... ..... ................ _ leer............�59 17.48.030 Certificate of Correction 5559 17.48.040 Form and content of amendment......................................................>5 60 17.48.050 Submittal and approval of Certificate of Correction by the City Engineer .......................................................................................................i...................a60 17.48.060 Filing with the County Recorder.......................................................5560 I - - Chapter 17.52 Subdivision Design............................................... ..................5660 17.52.010 Design and improvement requirements .5661 17.52.020 Lot requirements............................................................i...................%61 17.52.030 Flag lots........................................................................ ..................5661 17.52.040 Street rights-of-way..........................................................................�62 17.52.050 Waiver of direct access rights........................ �62 ................................... 17.52.060 Dedications....................................................................�..................5762 17.52.070 Street design ................................................................ ..................a762 17.52.080 Utilities...:.........................................................................................aJ64 17.52.090 Underground utilities..........................:.......................... ..................T�64 17.52.100 Utility easements ............................................................';..................6065 17.52.110 Storm drainage ....................! ..........6065 .......................................... ........ _ 17.52.120 Energy conservation......................................................�..................6065 Chapter 17.56 Improvements...........................................................................6A65 -"—} 17.56.010 General......................................................................... ..................6065 _ 17.56.020 Improvements required.......................:......................... ..................6466 17.56.030 Supplemental improvement capacity..............................f .............C466 17.56.040 Deferred improvements .................................................I..................6267 17.56.050 Design of improvement plans and standards................. ..6267 17.56.060 Subdivision improvement agreements and improvement security...6369 17.56.070 Completion of improvements...........................................................6671 17.56.080 Dedications....................................................................r..................6772 I Chapter 17.60 Monuments................................................................................6772 17.60.010 Parcel,map and final map monuments ............................................6773 17.60.020 Monument construction ............ 73 17.60.030 Monument tie sheet.........................................................................6373 17.60.040 Monument bond............................................................ 6373 L ................ — Chapter 17.64 Enforcement..........................................................!..................e8-74 17.64.010 Purpose .......:...................................................................................6974 17.64.020 Prohibition.....................................................................!..................C"874 17.64.030 Remedies .................................................................... ............. .&974 t I October 12, 2010 Page 4of4 r 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 75 9 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 1pursuant to Chapter 17.32 of this title. j i 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 industrials 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; I. 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 I A. The authority for review, recommendations and approvall of subdivisions and related land actions is as follows: I October 12, 2010 Page 2 of 75 1( Table 17.04.050 Review, approval and appeal body TYPE OF REVIEW APPROVAL APPEAL ACTION BODY BODY BODY Planning citv Tentative maps Commission CouncilPlanniRg N/.AGity Cow; ageRGIeS Planning C itv Vesting tentative. Commission 4y-staf# CouncilPlaaaiag N/A maps & oth^F FespGRsibe Planning Tentative parcel Commission City s#af# C'tv maps CounciplaRR'Rg N/A Tentative map City staff& other Director Planning extensions responsible agencies Commission Parcel maps (4 or City staff& other . City Council N/A€+ less lots) responsible agencies Final maps (5 or City staff& other more lots responsible agencies City Council N/A€ieal Waivers of parcel City staff& other Planning, maps responsible agencies City Engineer Commission Planning Cltv Reversion to Commission acreage Q. ^+her Fespensible Council�laaa+eg N/A g a$o�� Lot and parcel City staff& other Planning mergers responsible agencies Director . Commission Lot line City staff& other -Planning adjustments responsible agencies Director Commission Certificate of City staff& other Planning Com liance response ble City Engineer p - agencies Commission 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. October.12, 2010 Page 3 of 75 11 i i Section 17.04.060 Conformance to General Plan, specific iplans, 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. 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 fora 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, fits 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. i 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. October 12, 2010 Page 4 of 75 1: 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 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 October 12, 2010 Page 5 of 75 13 i I f "CHAPTER 17.08 DEFINITIONS Sections: 17.08.010 Incorporated Definitions 17.08.020 Definitions 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 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. I 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 October 12, 2010 Page 6 of 75 1i 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 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 October 12, 2010 Page 7 of 75 1� i f 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 Jewerexisting adjacent , legal and/or recognized parcels, under the same or different ownership where land taken from one (1) parcel isadded to an adjacent parcel, and where a greater number of parcels other than originally existed is not thereby created. I 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 f 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 October 12, 2010 Page 8 of 75 1F 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 unif or -as contiguous units, for the 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. October 12, 2010 Page 9.of 75 17 G CHAPTER 17.12 MAP REQUIREMENTS Sections: I 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 C 17.12.040 Exceptions 17.12.050 Exclusions Section 17.12.010 Subdivisions of four (4) or less lots A: A tentative and parcel map shall be required for all division's 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. f 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, Cwithout 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 l as not to justify an additional land survey. I i October 12, 2010 Page 10 of 75 19 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. 1 V i 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 map_s 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 October 12, 2010 Page 11 of 75 19 i required, for the purpose of obtaining advice on the conformityrof 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 pursuantto 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 isAeemed complete. ` Section 17.16.040 Filing application Unless otherwise provided in this title, each proposed parcel, tract trap 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 i 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 newt case number will be assigned. October 12, 2010 Page 12 of 75 Ir 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: 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 number's 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 October 12, 2010 Page 13 of 75 �1 t i t I i 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; C. Name, address, and telephone number of person preparing the map; d. Name and address of owner of record; I 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; i 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 I existing major street pattern and, major water courses and flood control channels within one-half ('/2) 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 byl use, including those within one hundred feet (100') of the tract-boundary; f October 12, 2010 Page 14 of 75 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 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 October 12, 2010 Page 15.of 75 23 I I i 4 g. Street names on all existing streets within they' 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 furnished to indicate that satisfactory arrangements have been made or can be made for water supply; i b. All watercourses, storm drainage easements, utility facilities, fire hydrants, street lights, wells, and Special 4Flood Hazard Areas which are subject to inundation or stor water overflow in accordance with current Federal Emergency Management Agency Maps; c: Location of and size of existing overhead' utilities on peripheral streets; I d. Preliminary 'plan of off-site drainage channel and any other drainage devices; e. Approximate location of all existing and proposed public and private f easements and easements to be abandoned pursuant to Section 66499.20 '/2 of the State Subdivision Map Act; I 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 storm water 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 I _ I October 12, 2010 Page 16 of 75 r 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 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 October 12, 2010 Page 17 of 75 25 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; I. 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 they environment. 1. The soils report shall describe the nature of the subsurface soils and any soil conditions which would affect the geometncs. 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 shaIll include the locations and logs of any test borings, percolation test results and a hydrological evaluation of on=site sewage disposal if proposed. j 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 October 12, 2010 Page 18 of 75 �F 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. 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, landsliding, 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. October 12, 2010 Page 19 of 75 27 f i Section 17.16.120 Time framesfor action on tentative maps 1 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 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 jproposed density of development proposed by the tentative map; - I 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 Amprovements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision,l 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 October 12, 2010 Page 20 of 75 i 28 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 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. October 12, 2010 Page 21 of 75 29 i I 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. 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: 4 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. - I 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 r October 12,-2010 Page 22 of 75 ; 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, 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,(1.0%) 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 October 12, 2010 Page 23 of 75 31 I I C 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. i 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 f 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 lindividual property, if any; 2. Proposed off-street parking, including the locatioh, number of stalls, dimensions, and circulation pattern; 3. Lot dimensions and all recorded easements; October 12, 2010 Page 24 of 75 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; 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. October 12, 2010 Page 25 of 75 33 _ I 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. Section 17.20.060 Mandatory findings for approval 4 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. I 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 i The approval or conditional approval of a vesting tentative map, orb 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. i 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 imay 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. October 12, 2010 Page 26 of 75 'In 3. If a subdivider is required ,to expend the. amount specified in California Government Code Section-66452.6 tor 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 Hof its expiration or therdate 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. 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 Jn, 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 reap, 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. October 12, 2010 Page 27 of 75 35 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. - 4 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 asi 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 s;e eral 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; f 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. j CHAPTER 17.24 COMMON INTEREST DEVELOPMENT CONVERSIONS i 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 I October 12, 2010 Page 28 of 75, 36 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 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 October 12, 2010 Page 29 of 75 37 appearance and safety consistent applicable codes,Iand 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, but1not be limited to: the conveyance of units; the assignment of parking; an agreement for common area of, 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. i 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; r 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;, ' 4 f. Proposed Homeowners' Association fee; g. Financing available; and h. Names and addresses of all tenants. f When the subdivider can demonstrate that such information is not available, this requirement may be modified by the,Diirector. 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 servicebyl mail. 8. Any other information which, in the opinion of the (Director will assist in determining whether the proposed project will bey 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 October 12, 2010 Page 30 of 75 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 j information. Copies of the submittals shall be made available at all times 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- October 12, 2010 Page 31 of 75 39 f 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. ;AII such corrections shall be made prior to the approval of the final or parcel' map. The 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 I 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. i October 12, 2010 Page 32 of 75 an 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 sepa rate ly,.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,. 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, October 12, 2010 Page,33 of 75 41 i 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 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 ian 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 October 12, 2010 Page 34 of 75 r 4� 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 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) October 12, 2010 Page 35 of 75 43 i f I I 7 I f f I r the RUmbeF of GGRveFSIORS shall be lomi , r t yeaFr if r will 138 G996ider to have used the l aRy UR irh hnyp hc� d�lished OF WhiGh hav ��oi teRtati-Fpup appFayal tn GGRveFt Ginee the reecrre 1 The developer will' ereyide fnr aR innrease in hn616ino Ifer ev+remely Inut_+� ReW Fh()LIS!Rg tS• P61FGhaSiRg { ties of en of ne nemr�nr.+hle ren+el hnr roinn ( �� f` �I 2—The Reed and rleM6Rd fer lGW GGSt home 9WRer6hie to Fie oreyiderl fnr by fhic• erniee+ Will eutweinh the de}rimeRtal effeGtS Gauc erl h�i fr rrther red Gtinri of 4 Section 17.24.06078 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 650910. A copy of any staff report shall be served by the developer on each tenant of tlhe 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: I 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; 3. The proposed conversion is consistent with the goals, objectives, policies, general land uses and programs specified in the Grand Terrace General October 12, 2010 Page 36 of 75 i 44 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; 0 GhapteF=, 7-.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 8-7. 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 reap 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 October 12, 2010 Page 37 of 75 a� 17.28.200 Approval by the City Engineer 17.28.210 Approval by the City Council 17.28.220 Filing with the County Recorder 17.28.230 Multiple final maps 17.28.240 Composite Development Plan I 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 jsubmittal 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 jmap 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; October 12, 2010 Page 38 of 75 Al 5. Non-interference letters from all applicable easement or title interest holders; 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 October 12, 2010 ,Page 39 of 75 47 i i ' t i 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, 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 maps Section 17.28.060 Filing with the Office of the County Recorder i 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. r 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 I 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. f Section 17.28.080 Information to be contained on parcel maps and final reaps 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 October 12, 2010 Page 40 of 75 48 Engineer. A graphical scale not less than three inches (3") in length shall be shown in addition,to the numerical scale. 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) f 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 October 12, 2010 Page 41 of 75 49 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. 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 i 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 I�ngths 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 makingi 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. I ' H. City boundaries. City boundaries crossing or adjoining the subdivision shall be properly designated upon the parcel map or final map and ishall be properly tied to the survey data. I. 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 Icontinuation 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 f 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 October 12, 2010 Page 42 of 75 i 5C consecutively lettered. The purpose for each such parcel shall be so stated upon the parcel map or final map. Section 11-28.100 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. October 12, 2010 Page 43 of 75 51 i 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 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. 1 I. 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. i 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 Ito and from lots or parcels abutting on controlled access roads and streets o� 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 tihe 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. i i October 12, 2010 Page 44 of 75 S7 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 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 �satisfacto'ry 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 A7.28.'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 Page 45 of 75 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 tl I 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. I October 12, 2010 Page 46 of 75 54 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 Page.47 of 75 55 I 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. - f 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. f 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, note 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 IN FORMATIONAL 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 48 of 75 SF 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 lapprove 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 49 of 75 57 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 necessalry 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. I 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 Page 50 of 75 5E 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 1.7.36.070 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 Page 51 of 75 59 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 itslestablishment; C. The parcel does not meet slope stability stand1ards; d. The parcel does not meet current standards; for sewage disposal and domestic water supply; ! . e. The parcel has no legal access, which isji adequate for motor vehicles or safety equipment; f. The development of the parcel would create health and safety hazards; ! a g. The parcel is inconsistent with the City'ss', General Plan; any approved Specific Plan, or the provisions of th'e City's Zoning Code; h. A lot line passes through a structure within fi 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 existi i g structures; C. Deprive or restrict another parcel of access; p i October 12, 2010 Page 52 of 75 6( 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 meager 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 Page 53 of 75 61 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! i Section 17.36.040 Property owner requested merger A. Requirements. A voluntary merger of lots may be requested by an applicant. A PP 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. i 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 l merged, the Director shall notify the property owner. October 12, 2010 Page 54 of 75 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 Page 55 of 75 63 subdivided property to acreage. The resolution of the City Council shall direct the Director to obtain all information necessary to accomplish the proposed reversion. i 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.E 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 Ito 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. I October 12, 2010 Page 56 of 75 A 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. Section 17.44.030 Filing procedures October 12, 2010 Page 57 of 75 65 i 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. i 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 iIand 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 17.44.056 Underground utilities The undergrounding of utilities shall be required as provided in Section 17.52.090 of this title. I Section 17.44.060 Drainage easements i 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 October 12, 2010 Page 58 of 75 66 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 1.7.48.020 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; 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; October 12, 2010 Page 59 of 75 67 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 Section 17.52.110 Storm drainage Section 17.52.120 Energy conservation October 12, 2010 Page 60 of 75 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 Page 61 of 75 69 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 aye 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 The 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 finals map or by separate instrument Section 17.52.070 Street Design i 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 Page 62 of 75 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 shal[ 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. Prov'ision' shall be made in the October 12, 2010 Page 63 of 75 71 I 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. I 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 Iby 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. j October 12, 2010, Page 64 of 75 7; 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 ber 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 65 of 75 73 1 1 subdivider shall be .required to install all improvements Gthat 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 subdivided, 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. l 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 gook 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. I 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 improveme 1 ts. October'12, 2010 Page 66 of 75 - �I W 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'tirne 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 67 of 75 75 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. i 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 underthe 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. f October 12, 2010 Page 68 of 75 71 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 69 of 75 77 i 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; i 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 fis 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: i 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 costsi and fees incurred by the City. The estimated cost of improvement shall include a ten percent (10%) contingency and a ten percent (10%) increaselfor 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 andl 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 70 of 75 7c 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 17.56.0601, 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 Page 71 of 75 79 I -of the City Engineer. Construction and inspection of public improvements shall be governed by City standards and the requirements of anylapplicable 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 providelfull 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. i 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 Ithe 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 limprovement 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 72 of 75 8( 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 comer,,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 (1 Y2") 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%") inside diameter and fifteen inches (15") long. The subdivider shall also provide properties 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 subdividers hall 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 73 of 75 81 i 1 I City Engineer shall make the necessary estimate of the cost to set monuments not already existing. 1 CHAPTER 17.64 ENFORCEMENT Sections: i Section 17.64.010 Purpose I Section 17.64.026 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 theireof, 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. I 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 74 of 75 82 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 75 of 75 83 r CALIFORNIA AGENDA REPORT MEETING DATE: October 12, 2010 Council Item (X) CRA Item ( ) TITLE: City Council Meeting Schedule PRESENTED BY: Brenda Mesa, City Clerk RECOMMENDATION: Schedule one regular meeting for the months of October, November and December, 2010. BACKGROUND: Historically, Council has scheduled one meeting a month for November and December due to the holidays. DISCUSSION: Currently the schedule for the October 261h meeting is empty. The second meeting date in November is during the week of the Thanksgiving holiday and the second meeting date in December falls during the week between the Christmas Holiday and New Years. During the holiday season staff feels that business items can be accommodated in one meeting per month. Should an issue arise that needs to be addressed by the City Council, the Mayor may call a special meeting. The annual City Birthday Celebration sphonsored by the Historical and Cultural Activities Committee is scheduled for December 14` at 6:00 p.m. The committee has requested that the City Council schedule their meeting to follow this event with the meeting to start at 7:30 p.m. FISCAL IMPACT: None Respectfully submitted, Brenda Mesa, City Clerk Manager Approval: Betsy . Adams, City Manager COUNCIL AGENDA ITEM NO.�,