09/28/2010 -fl-
,T L COPY
C Y.
GRAND*ERR CE • September 28q 2010
22795 Barton Road
Grand Terrace
California 92313-5295
Civic Center CITY OF GRAND -TERRACE
(909)824-6621
Fax(909)783-7629 ;
Fax(909)783-2600
CRA/CITY COUNCIL
Maryetta Ferrc
Mayor REGULAR MEETINGS
Lee Ann Garcia
Mayor ProTem 2ND AND'-4TH Tuesday = 6:00 ,p.m:
•Bea Co'rtes
Walt Stanckiewitz
Council Members
Betsy M.Adams ;
'City Manager
Council Chambers ;
Grand Terrace_Civic Center
22795 Barton Road
Grand Terrace, CA 92313-5295
CITY OF GRAND TERRACE
COUNCIL MEETING
AGENDA
CITY COUNCIL CHAMBERS September 28,2010
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
* Pledge of Allegiance
* Roll Call-
STAFF COUNCIL
_- AGENDA ITEMS RECOMMENDATION ACTION
-- CONVENE COMMUNITY REDEVELOPMENT AGENCY
1. Approval of 09-14-2010 Minutes Approve
ADJOURN COMMUNITY REDEVELOPMENT AGENCY
CONVENE CITY COUNCIL
1. Items to Delete
2. SPECIAL PRESENTATIONS
A. Chamber of Commerce Business of the Month
B. Certificates of Recognition-Sheriffs Department
C. Proclamation-Fire Prevention Month-October 3 -9,2010
3. CONSENT CALENDAR
The following Consent Calendar items are expected to be routine and j
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.09-28-2010 Approve
B. Waive Full Reading of Ordinances on Agenda
C. Approval of 09-14-2010 Minutes Approve
D. Five-Year Capital Project Needs Analysis and Capital Approve
Improvement Program
COUNCIL AGENDA
09-28-2010 PAGE 2 OF 2
AGENDA ITEMS STAFF COUNCIL
RECOMMENDATIONS ACTION
E. Notice of Completion - Street Rehabilitation Project (Roquet Accept
Paving,Inc.)
F. Reject Liability Claim GTLC-10-03 (Martin) Reject
G. Historical&Cultural Activities Committee Minutes of 07-12- Accept
2010
H. Crime Prevention Committee Minutes of 08-09-2010 Accept 1
I. Community Emergency Response Team(C.E.R.T.)Minutes of Accept
08-03-20.10
4. PUBLIC COMMENT =
This is the opportunity for members of the public to comment on any j
items not appearing on the regular agenda. Because of restrictions i
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
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
7. UNFINISHED BUSINESS-None
8. NEW BUSINESS-None
9. CLOSED SESSION-None
ADJOURN
THE NEXT CRA/CITY COUNCIL MEETING WILL BE HELD ON
TUESDAY,OCTOBER 12,2010 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 GRA APPROVAL
CITY OF GRAND TERRACE
COMMUNITY REDEVELOPMENT AGENCY MINUTES
REGULAR MEETING - SEPTEMBER 14,2010
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 14, 2010 at 6:00 p.m.
PRESENT: Maryetta Ferre, 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.
APPROVAL OF 08-24-2010 AND 09-01-2010 MINUTES
CRA-2010-43 MOTION BY AGENCY MEMBER CORTES, SECOND BY AGENCY MEMBER
STANCKIEWITZ, . CARRIED 3-0-0-1 (VICE-CHAIRMAN GARCIA
ABSTAINED),to approve the August 24,2010 Community Redevelopment Agency
Minutes.
CRA-2010-44 MOTION BY VICE-CHAIRMAN GARCIA, SECOND BY AGENCY MEMBER
CORTES, CARRIED 3-0-0-1. (AGENCY MEMBER STANCKIEWITZ
ABSTAINED), to approve the September 1, 2010 Community Redevelopment
Agency Minutes.
Herman Hilkey, 23196 Glendora Drive, stated that after the-last Redevelopment Agency
Meeting there were some comments about agencies,in general and agencies in Grand
Terrace. He indicated that he has been hearing a lot of things about the agency that would
suggest that we need to have a general understanding on how the agency works and the
terminology. He stated that he put together a three part series, the City News and the Blue
Mountain Outlook have agreed to publish it. It is simple and straight and are meant to be just
DRA AGENDA•ITEM NO. l
Community Redevelopment Agency Minutes
September 14,2010
Page 2
the facts mam. The agencies were started back in the 1940's. The Federal Government has
some urban development money and it ran out so the State of California passed a law in 1952
setting up what we now call the Redevelopment Agencies. What it Noes is it sets up a base
year. Before this cities could not raise money on speculation, they couldn't say that we
intend to make it better so we want to borrow the money. The IAgency is the tool, the
avenue,the vehicle,that lets them borrow against what they think they can improve and then
fund the money back into it. Most of this information comes from the State of California
Redevelopment Agency Association._ He feels that this is a prime e ample of how the taxes
don't come out of our general fund,the taxes are above. All it is,is a taxing agent and what
it does is set a base when they establish the Agency,below that base)is handled like normal
taxes, anything appreciating above that base goes to the agency. Back in the 50's and 60's
there wasn't much interest in the agencies because there wasn't much real estate
appreciation. In the 1970's the appreciation started to boom in. California and so did
proposition 13. Cities that wanted to build fire departments,fire houses,and city halls turned
to redevelopment agencies. Grand Terrace turned to redevelopment'agencies when it became
a city. What happens above this baseline becomes the Agency. What happens below that
baseline follows the same tax structure as the prior years. There is no new taxes, it doesn't
increase taxes,it just redistributes the taxes that are already there. Typically it can fund new
construction, new rehabilitation, and an upward assessment. In the past schools got 50%.
This is the City of Grand Terrace, this is the Agency, they are one in the same. Initially it
was called revenue sharing or matching of funds when the California Law was passed it was
called pass-throughs,Grand Terrace called it pass-throughs until 2001 when the City started
to call it loans. It's still the allocation that comes from the Agency to the community. In
2009/2010 and currently in the budget it is called overhead or direct charges to the Agency.
He feels that no matter what you call it, it is money that is raised in the community, for the
community and it stays in the community. Before the Redevelopment Agency,the City got
10% of the property taxes, which is really a shocker because when'�you pay property taxes
it doesn't go to the City it goes to the County and people who work for those County
Agencies would rather we not keep the money. Once we have a Redevelopment Agency
80% stays in our hands, it belongs to the people in Grand Terrace land it is.controlled by
people we know, not people we don't know. This is amazing because if you think of how
much the Agency has,it gives money and it keeps it home and it doesn't lose it. Without this
it would all go mostly to the schools,which is recalculated now and the City would only get
10%. Before redevelopment the City would only get 10% of the property taxes, after
redevelopment the City gets 10%plus 80%above the base. It is no new taxes, it's existing
taxes and as things appreciate,it passes on. He stated that the State has passed multiple laws,
every time they pass a law,this community,this staff,this Council,this Agency has to make
adjustments for that and we have always made adjustments for the laws that were tossed at
us. He stated that at the next session he will talk about the worst thing that has ever
happened to the City and that is ERAF and SERAF. The Council knows about it but feels
that the rest of the community needs to know about it.
I
Community Redevelopment Agency Minutes
September 14,2010
Page 3
Chairman Ferr6 adjourned the Community Redevelopment Agency Meeting at 6:10 p.m., until the
next CRA/City Council Meeting that is scheduled to be held on Tuesday,September 28,2010 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
FIRE PREVENTION WEEK
October 3-9, 2010
WHEREAS, the City of Grand Terrace is committed to ensuring the safety and security
of all those living in and visiting our city,
WHEREAS,fire is a serious public safety concern both locally and nationally,and homes
are where people are at greatest risk to fire;
WHEREAS, nearly 3,000 people die each year as a result of home fires;
WHEREAS,roughly two-thirds of homefire deaths resulted from home fires in which no
smoke alarms or no working smoke alarms we-re present,
WHEREAS, working smoke alarms cut the chance of dying in a reported fire in hay;
WHEREAS, the National Fire Protection Association recommends at least one smoke
alarm on every level of the home (including the basement) outside all sleeping areas, and in all
bedrooms;
WHEREAS, informing the public about the importance of smoke alarm installation and
maintenance serves an essential step toward increasing the public's safety from home fires;
WHEREAS, Grand Terrace first responders are dedicated to reducing the occurrence of,
home fires and home fire deaths and injuries through prevention and proper education;
WHEREAS,Grand Terrace residents are responsive to public education measures and are
able to take personal responsibility to increase their safety from fire, especially in their,homes;
WHEREAS, the Fire Prevention, Week 2010, October 3-9 theme, "Smoke Alarms: A
Sound You Can Live With!"actively works to motivate Grand Terrace residents to implement
smoke alarm recommendations in their homes;
NOW,THEREFORE,the City Council of the City of Grand Terrace,does hereby proclaim
October 3-9, 2010, as Fire Prevention Week throughout this City, and we 'urge all the people of
Grand Terrace 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.
This 28'day of September, 2010.
Mayor Ferri Mayor Pro Tem Garcia
Council Member Cortes Council Member Staqckiewitz
COUNCIL AGENDAIITEM NO.
r�
vchlist Voucher List Page: 1
09/2112010 9:44:43AM CITY OF GRAND TERRACE
Bank code: bofa
Voucher Date Vendor Invoice Description/Account Amount
65789 9/9/2010 010737 WESTERN DENTAL SERVICES INC. 002484 7730 SEPT.EMPLOYEE/DEPENDENT DENTAL INSURAP
10-022-61-00 73.62
Total : 73.62
65790 9/9/2010 006772 STANDARD INSURANCE COMPANY Sept 160-513171 SEPT.EMPLOYEE/DEPENDENT DENTAL INSURAP
10-022-61-00 1,273.00
Total : 1,273.00
65791 9/9/2010 011092 METLIFE SBC Sept KM057540.' EMPLOYEE DEPENDENT DENTAL INSURANCE
10-022-61=00 185.72
10-180-142-000-000 50.00
Total : 235.72
65792. 9/9/2010 004587 MANAGED HEALTH NETWORK 3200019883 SEPT MHN INSURANCE
10-120-142-000-000 10.00
10-125-142-000-000 10.00
10-140-142-000-000 15.00
10-172-142-000-000 6.33
10-175-142-000-000 10.33
10-180-142-000-000 6.60
10-370-142-000-000 11.32
10-380-142-000-000 5.00
10-440-142-000-000 133.20
10-450-142-000-000 1.1.98
21-175-142-000-000 6.66
32-370-142-000-000 7.32
34-400-142-000-000 6.63
34-800-142-000-000 2.66
10-185-142-000-000 6.66
32-200-142-000-000 11.66
'10-625-110-000-000 _ 4.33
16-175-142-000-000 14.64
Total : 279.72
65793 9/9/2010 006730 SO.CA.GAS COMPANY Aug 2010 August Natural Gas Usage
COUNCIL AGENDA ITEM NO.� Page: 1
vchlist Voucher List Page: 2
09/21/2010 9:44:43AM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
65793 9/9/2010 006730 SO.CA.GAS COMPANY (Continued)
10-440-238-000-000 33.46
10-190-238-000-000 117.60
Total : 151.06
65794 9/9/2010 010764 SAFEGUARD DENTAL&VISION 3302631 Sept SEPT EMPLOYEE/DEPENDENT VISION INSURANi
10-022-61-00 119.67
10-180-142-000-000 14.27
Total : 133.94
65795 9/9/2010 006772 STANDARD INSURANCE COMPANY 006078690001 ; SEPT LIFE AND DISABILITY INSURANCE.
10-180-142-000-000 6.26
10-370-142-000-000 10.31
10-380-142-000-000 5.21
10-440-142-000-000 48.65
10-450-142-000-000 5.56
21-175-142-000-000 6.63
32-370-142-000-000 6.77
34-400-142-000-000 6.87
34-800-142-000-000 2.78
32-200-142-000-000 12.15
10-185-142-000-000 6.05
10-625-110-000-000 3.95
16-175-142-000-000 15.26
10-022-66-00 1,165.73
10-120-142-000-000 10.42
10-125-142-000-000 10.42
- 10=F40=142=000=000 15:63
10-172-142-000-000 6.59
10-175-142-000-000 10.44
Total : 1,356.58
65796 9/14/2010 010164 GREAT-WEST PR End 8/20/20, Contributions for PR End 8/20/2010
10-022-63-00 4,950.71
10-022-64-00 1,685.60
Total : 6,636.31
Page: 2
vchlist Voucher List Page: 3
09/21/2010 9:44:43AM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
65707 9/15/2010 010664 SHELL FLEET MANAGEMENT 0000000000009 August Maint Vehicle Fuel
10-175-272-000-000 809.31
Total : 809.31
65798 9/15/2010 010218 CHEVRON &TEXACO CARD SERVICES 26505570 Auqust Maint Vehicle Fuel
10-175-272-000-000 42614
10-440-272-000-000 50.43
34-800-272-000-000 162.18
Total : 638.75
65799 9/15/2010 006730 SO.CA.GAS COMPANY August 2010 August CNG Fuel -
10-175-272-000-000 780
10-440-272-000-000 2.60
34-800-272-000-000 2.60
Total : 13.00
65800 9/15/2010 011110 TIME WARNER CABLE Sept 84484005.. SEPT/OCT CABLE& INTERNET SERVICE
10-805-238-000-000 121.43
Total : 121.43
65801 9/15/2010 011138 SPARKLETTS 9637116 09011(August Bottled Water
10-440-238-000-000 60.96
10-806-238-000-000 6.01
10-450-238-000-000 6.01
10-190-238-000-000 68.87
Total : 141.85
65802 9/15/2010 b01907 COSTCO#478 0178 07 0075 21 C. CARE SUPPLIES
10-440-220-000-000 191.57
Total : 191.57
65803 9/16/2010 006720 SO.CA.EDISON COMPANY Auq 2010 Auqust EnergV Usaqe
26-600-238-000-000 49.80
26-601-238-000-000 41.50
26-602-238-000-000 58.10
16-510-238-000-000 5,612.75
Total : 5,762.15
Page: 3
vchlist Voucher List Page: 4
09/21/2010 9:44:43AM CITY OF GRAND TERRACE
Bank code: bofa
Voucher Date Vendor Invoice Description/Account Amount
65804 9/16/2010 010812 LOWE'S COMMERCIAL SERVICES 927032 FOLDING TABLES FOR SR CENTER
10-805-219-000-000 692.96
Total : 692.96
65805 9/16/2010 005702 PUBLIC EMPLOYEES' RETIREMENT PRend 9-3-10 Contributions for PRend 9-3-10
- 10-022-62-00 16,985.49
Total : 16,985.49
65806 9/28/2010 001024 ACCENT PRINT& DESIGN 254678 Stationery Stock -
- 10-1 90=21 0-000-000 84.83
254695 SR. NEWSLETTER PRINTING
10-805-222-000-000 90.51
Total : 175.34
65807 9/28/2010 001072 ADT SECURITY SERVICES 32101256 2ND QTR C. CARE MONITORING
10-440-247-000-000 375.00
Total : 375.00
65808 9/28/2010 001045 ADVANCED COPY SYSTEMS 26121A 1 Refurbished Toner Cartridges
10-440-246-000-000 326.23
Total : 326.23
65809 9/28/2010 011143 ALBERT A.WEBB ASSOCIATES 102743 AUG PROFESSIONAL SRVS-BARTON INTERCHAI
32-200-250-000-000 420.00
Total : 420.00
65810 9/28/2010 001206 ARROWHEAD CREDIT UNION Aug/Sep 2010 Auq/Sept Visa Charges
10-120-210-000-000 44.80
10-440-270-000-000 150.00
10-440-219-000-000 86.98
23-200-14-00 116.95
10-808-246-000-000 69.45
Total : 468.18
65811 9/28/2010 010293 AVAYA, INC. 2730382396 SEPT/OCT PHONENOICE MAIL MAINT
10-190-246-000-000 183.46
10-190-235-000-000 245:00
Page: 4
vchlist Voucher List Page: 5
09/21/2010 9:44:43AM CITY OF GRAND TERRACE
Bank code : bofa
Voucher- Date Vendor Invoice Description/Account Amount
65811 9/28/2010 010293 AVAYA, INC. (Continued) Total : 428.46
65812 9/28/2010 011007 BLUE SHIELD OF CALIFORNIA Oct J04365575! Oct COBRA Health-Berry Family
10-180-142-000-000 836.55
Total : 836.65
65813 9/28/2010 011017 CA. BLDG. STANDARDS COMMISSION 4th Qtr 2009-20' 4TH QTR GREEN BUILDING STANDARDS FEE
10-700-01 -7.90
23-200-23-00 79.00
Total : 71.10
65814 9/28/2010 001705 CA.-STATE DEPT. OF JUSTICE 808219 Aug Livescan-Bednorz
10-190-226-000-000 32.00
Total : 32.00
65815 9/28/2010 001740 CDW GOVERNMENT INC TTL7172 7-C2G'RJ45 COUPLERS
10-808-700-000-000 19.04
Total : 19.04
65816 9/28/2010 011031 CINTASS-CORPORATION#150 150196114 C. CARE PAPER GOODS &SUPPLIES
10440-228-000-000 172.63
150205140 C. CARE PAPER GOODS &SUPPLIES
10440-228-000-000 172.63
150214213 C. CARE PAPER GOODS & SUPPLIES
10-440-228-000-000 172.63
Total : 517.89
65817 9/28/2010 011029 COBRA SIMPLE 83 Aug COBRA Admin Srvs
10-190-220-000-000 50.00
Total : 50.00
65818 9/28/2010 010972 CONSOLIDATED REPROGRAPHICS 235376 Sets of Plans for Little League Field
32-200=230-00.0-000 142.70
Total : 142.70
65819 9/28/2010 010147 CORTES, BEA Sept 2010 SEPTEMBER MEDICARE/FICA
Page: 5
vchlist Voucher List Page: 6
09/21/2010 9:44:43AM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
65819 9/28/2010 010147 CORTES, BEA (Continued)
10-022-30-00 -42.84
32-200-120-000-000 60.00
10-110-120-000-000 127.06
10-110-213-000-000 200.00
Total 344.22
65820 9/28/2010 001907 COSTCO#478 2011 Renewal 2011 Membership Renewal
10-190-265-000-000 60.00
10-440-228-000-000 90.00
Total : 150.00
65821 9/28/2010 001930 DAILY JOURNAL CORPORATION B1928516 Auq Notice of Hearinq
10-370-230-000-000 176.00
Total : 176.00
65822 9/28/2010 010711 DANKA FINANCIAL SERVICES 72861441 SEPTEMBER E-STUDIO 350 TOSHIBA COPIER
10-172-246-000-000 79.79
10-175-246-000-000 79.78
Total : 159.57
-65823 9/28/2010 001950 DATA QUICK B1-1840935 July Subscription Srvs -
10-380-250-000-000 43.50
10-370-250-000-000 43.50
34-800-220-000-000 43.50
B1-1850046 August Subscription Srvs
10-380-250-000-000 43.50
10-370-250-000-000 43.50
34-800-220=000-000 43.50
Total : 261.00
65824 9/28/2010 002301 FEDEX 7-220-74587 August Document Delivery
10-175-220-000-000 14.84
Total : 14.84
65825 9/28/2010 002500 FIREMASTER 113183182 Fire Extinquisher Maint-Sr. Center
10-808-246-000-000 85.00
y Page: 6
vchlist Voucher List Page: 7
09/21/2010 9:44:43AM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
65825 9/28/2010 002500 FIREMASTER (Continued)
113183186 Fire Extinguisher Maint-C.Care
10-440-246-000-000 277.02
113183187 Fire Extinguisher Maint-Comm Center
10-440-246=000-000 153.50
Total : 515.52
65826 9/28/2010 002500 FIREMASTER 113183183 Fire Extinguisher Maint-Civic Center
10-195-246-000-000 248.00
Total : 248.00
65827 9/28/2010 002710 FOX OCCUPATIONAL MEDICAL CT. 68679-28584 August New Employee Physicals
10-190-224-000-000 307.00
Total : 307.00
65828 9/28/201.0 011106 FRACO ENTERPRISES INC 304 BASEBALL FIELD PROJ DESIGN/ENGINEERING
32-600-312-000-000 700.00
Total : 700.00
65829 9/28/2010 002740 FRUIT GROWERS SUPPLY 90605979 MAINT SUPPLIES
10-450-245-000-000 8.47
90606173 MAINT SUPPLIES
10-450-245-000-000 9iO3
90606879. MAINT SUPPLIES
10-450-245-000-000 19.10
90607155 MAINT SUPPLIES
10-450-245-000-000 179.56
90607203 MAINT,SUPPLIES
10-450=245-000-000 13.70
Total : 229.8.6
65830 9/28/2010 002901 G.T. AREA CHAMBER OF COMMERCE 6150-LUNCH AUGUST LUNCHES-J.POWERS
10-120-270-000-000 9.00
6151-RDA September Professional Services
32-370-213-000-000 860.00
Total : 869.00
Page: 7
vchlist Voucher List Page: 8
09/21/2010 9:44:43AM CITY OF GRAND TERRACE
Bank code: bofa
Voucher Date Vendor Invoice Description/Account Amount
65831 9/28/2010 002795 GARCIA, LEE ANN Sept 2010 SEPTEMBER MEDICARE/FICA
10-022-30-00 42.84
32 200-120-000-000 60.00
10-110-273-000-000 196.06
Total : 213.22
65832 9/28/2010 011040 GOVERNMENT STAFFING SVCS INC 2942 TEMP STAFF SRVS-WEEK ENDING 7/18/10
10-370-250-000-000 148.75
2951 JUL/AUG TEMP.STAFF SRVS
10-370-250-000-000 1,115.63
2964 AUG TEMP STAFF SRVS
10-370-250-000-000 252.88
2980 TEMP STAFF SRVS-WEEK ENDING 8/29/10
10-370-250-000-000 89.25
Total : 1,606.51
65833 9/28/2010 010164 GREAT-WEST PR END 9/3/201 Contributions for PR END 9/3/2010
10-022-63-00 4,956.32
Total : 4,956.32
65834 9/28/2010 003152 HARPER& BURNS LLPN August 2010 August Legal Services
10-160-250-000-000 7,205.13
32-200-251-000-000 7,205.12
Total : 14,410.25
65835 9/28/2010 010632 HIGH TECH SECURITY SYSTEMS 93079 OCT SECURITY CAMERA MAINT AGREEMENT
10-195-247-000-000 20.00
:10=450=246=000=000 60:00
Total : 80.00
65836 9/28/2010 003213 HONEYWELL ACS SERVICE 3501549 2ND QTR HVAC MAINT AGREEMENT
10-195-257-000-000 5,630.50
Total : 5,630.50
65837 9/28/2010 010552 INTERNATIONAL CODE COUNCIL 2800484 Governmental Member Dues-Shields
10-172-265-000-000 100.00
Total : 100.00
1 } Page: 8
vchlist Voucher List Page: 9
09/21/2010 9:44:43AM CITY OF GRAND TERRACE
Bank code: bofa
Voucher Date Vendor Invoice Description/Account Amount
65838 9/28/2010 003850 JANI-KING OF CA., INC. LAX09101078 SEPTEMBER C. CARE JANITORIAL SERVICES
10-440-244-000-000 975.00
Total : 976.00
66839 9/28/2010 010773 KELLAR SWEEPING INC. 5433 AUGUST STREET SWEEPING SERVICES
16-900-254-000-000 4,200.00
Total : 4,200.00
65840 9/28/2010 004320 LAWNMOWER CENTER 8051 Lawnmower for Maintenance
10-450-701-000-000 1,200.00
8532 MOWER/BLOWER REPAIRS
10-450-246-000-000 28.22
8570 MOWER/BLOWER REPAIRS
10-450-246-000-000 19.56
8787 MOWER/BLOWER REPAIRS
10-450-246-000=000 23.90
8824 MOWER/BLOWER REPAIRS
10-450-246-000-000 6.51
8870 MOWER/BLOWER REPAIRS
'10-450-246-000-000 22.82
9201 MOWER/BLOWER REPAIRS
10-450-246-000-000 38.01
Total : 1,339.02
65841 9/28/2010 004632 METLIFE 895065375 M1 Life Ins. Benefit,- H. Grant
10-110-142-000-000 701.98
Total : 701.98
65842 9/28/2010 004670 MIRACLE MILE CAR WASH 157899 JUUAUG VEHICLE MAINTENANCE
10-440-272-000-000 73.00
10-175-272-000-000 3.00
Total : 76.00
65843 9/28/2010 010097 NEXTEL COMMUNICATIONS 410575025-096 Aug-Sept Wireless Service
10-175-240-000-000 357.80
10-440-235-000-000 51.03
Page: 9
vchlist Voucher List Page: 10
09/21/2010 9:44:43AM CITY OF GRAND TERRACE
Bank code: bofa
Voucher Date - Vendor Invoice Description/Account Amount
65843 9/28/2010 010097 NEXTEL COMMUNICATIONS. (Continued) Total : 408.83
65844 9/28/2010 005400 OFFICE DEPOT 533221318001 Toner Cartridges
10-140-210-000-000 222.31
Total : 222.31
65845 9/28/2010 005400 OFFICE DEPOT 532319376001 Office Supplies
10-140-210-000-000 10.37
Total : 10.37
65846 9/28/2010 011099 ORANGE COUNTY STRIPING SVC 0043331 Street Signs
10-195-245-000-000 '351.00
Total : 351.00
65847 9/28/2010 005586 PETTY CASH 09162010 Replenish C. Care Petty Cash
10-440-220-000-000 29.00
10-440-2217000-000 22.10
10-440-223-000-000 11.14
10-440-228-000-000 9.00
Total : 71.24
65848 9/28/2010 005688 PROTECTION ONE 3-1891344 2nd C 2nd Qtr Alarm Monitoring-Maintenance
10-195-247-000-000 121.28
Total : 121.28
65849 9/28/2010 010420 RDO EQUIPMENT CO, RDO TRUST#80 P11481 Mower Parts
10-450-246-000-000 3.92
1311677 Mower Parts "
10-450-246-000-000 78.65
P11864 Equipment Repair
10-450-246-000-000 32.20
Total : 114.77
65850 9/28/2010 011074 'REDFLEX TRAFFIC SYSTEMS 09152010 Payment-Balance Due as of 8/1/10
17-021-30-00 72,203.75
Total : 72,203.75
65851 9/28/2010 011144 RELIABLE OFFICE SOLUTIONS 579590-0 Black Toner
`} 1 Page: 10
vchlist Voucher List -Page: 11
09/21/2010 9:44:43AM CITY OF GRAND TERRACE
Bank code: bofa
Voucher Date Vendor Invoice Description/Account Amount
65851 9/28/2010 011144 RELIABLE OFFICE SOLUTIONS (Continued)
34-800-210-000-000 51.84
10-185-210-000-000 51.84
579590-1 Toner Cartridges
34-800-210-000-000 350.58
10-185-210-000-000 350.57
Total : 804.83
65852 9/28/2010 010171 REPUBLIC ELECTRIC 20396 Install loop-Barton & 1-215 Ramp
46-9007303-000-000 375.00
20398 Install 2loops-Preston -
46-900-303-000-000 1,396.71
810111 AUGUST RESPONSE CALL OUTS
16-510-255-000-000 201.58
810112 AUGUST SIGNAL MAINTENANCE
16-510-255-000-000 451.68
Total : 2;424.03
65853 9/28/2010 006310 ROADRUNNER SELF STORAGE INC. 11787 October Storage Rental
10-140-241-000-000 119.00
Total : 119.00
65854 9/28/2010 006335 ROQUET PAVING INC. 0807.10 BID NO.: G.T.B. 10-05
46-900-304-000-000 33,063.20
46-900-303-000-000 3,273.60
- 46-900'301-000-000 5,912.00
46-900-302-000=000 13,837.73
0901-10 Repair Sink Hole-Garden Street
16-900-257-000-000 1,750.00
Total : 57,836.53
65855 9/28/2010 006453 S.B. COUNTY AUDITOR/CONTROLLER 3529 Confirmation Fees for'Auditors
10-140-250-000-000 97.00
Total : 97.00
65856 9/28/2010 006435 SA_ N BERNARDINO, CITY OF 5156 JULY ANIMAL CONTROUHOUSING SRVS
10-187-256-000-000 8,682.00
Page: 11
vchlist Voucher List Page: 12
09/21/2010 9:44:43AM CITY OF GRAND TERRACE
Bank code : bola
Voucher Date Vendor Invoice Description/Account, Amount
65856 9/28/2010 006435 SAN BERNARDINO, CITY OF (Continued) Total : 8,682.00
65857 9/28/2010 007005 SO CAL LOCKSMITH 12998 Keys-City Hall Public Restrooms
10-195-245-000-000 14.14
Total : 14.14
65858 9/28/2010 010974 STANCKIEWITZ, WALT Sept 2010 SEPTEMBER MEDICARE/FICA
10-022-30-00 -42.84
32-200-120-000-000 60.00•
10-110-120-000-000 300.00.
10-110-273-000-000 200.00
Total : 517.16
65859 9/28/2010 006778 STAPLES - 8016361022 Office Supplies#3141376019
10-370-210-000-000 114.70
10-190-210-000-000 , 21.20
10-185-210-000-000 115.14
10-808-210-000-000 2.92
8016483706 SUPPLIES
21-175-210-000-000 73.94
10-190-210-000-000 44.55
10-370-21.0-000-000 15.16
Total : 387.61
65860 9/28/2010 006778 STAPLES F669781001 Copy Paper
10-190-212-000-000 217.43
G539008001 Copy Paper
--- 10490-212=000=000 180.73
Total : 398.16
65861 9/28/2010 006898 SYSCO FOOD SERVICES OF L.A. 0090109984 C. CARE FOOD &SUPPLIES
10-440-220-000-000 205.97
- 009080829 6 C. CARE FOOD &SUPPLIES-
10-440-220-000-000 400.80
0091504001 C. CARE FOOD & SUPPLIES
10-440-220-000-000 556.52
Total : 1,163.29
Page: 12
---
+, e
vchlist Voucher List Page: 13
09/21/2010 9:44:43AM CITY OF GRAND TERRACE
Bank code: bofa
Voucher Date Vendor Invoice Description/Account Amount
65862 9/28/2010 010712 TASO TECH, INC. 656 HDL Permits Support
10-140-246-000-000 157.50
Total : 157.50
65863 9/28/2010 007034 TRANSPORTATION ENGINEERING 1063 July Traffic Engineering Services
10-175-255-000-000 2,432.60
Total : 2,432.60
65864 9/28/2010 007220 UNDERGROUND SERVICE ALERT 720100278 July Dig Alert Tickets
16-900-220-000-000 34.50
820100283 August Dig Alert Tickets
16-900-220-000-000 30.00
Total : 64.50
65865 9/28/2010 010693 UNITED WAY PR END 9/3/10 PR END 9/3/10 Donations
10-022-65-00 64.50
Total : 64.50
65866 9/28/2010 007539 VALLEY TIRE COMPANY 92885 TIRES FOR RIDING MOWER
10-175-272-000-000 26.27
Total : 26.27
65867 9/28/2010 007880 WEST GROUP 821368658 AUG/SEPT CA CODE UPDATES
10-125-250-000-000 483.94
Total : 483.94
65868 9/28/2010 007854 WESTERN EXTERMINATORS CO 512309 AUGUST PEST CONTROL SERVICES
10-195-245-000-000 125.00
10-805-245-000-000 33.00
Total : 158.00
65869 9/28/2010 007987 XEROX CORPORATION- 050096023 August CC55 Copier Lease
10-190-700-000-000 37,9.49
10-190-212-000-000 137.90
050096024 AUGUST LEASE XEROX CC265H
10-190-700-000-000 294.34
Total : 811.73
Page: 13
vchlist Voucher List Page: 14
09/21/2010 9:44:43AM CITY OF GRAND TERRACE
Bank code: bofa
Voucher Date Vendor Invoice Description/Account Amount
65870 9/28/2010 011145 YATES, JASON 09022010 C. Care Credit Reimbursement
10-440-28 145.25
Total : 145.25
82 Vouchers for bank code: bofa Bank total : 227,914.35'
82 Vouchers in this report Total vouchers : 227,914.35
` Page: 14
F
City of Grand Terrace
Warrant Register Index
FD No. Fund 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 I Fund 190 GENERAL GOVERNMENT(NON-DEPT) 230 ADVERTISING
21 Waste Water Disposal Fund 370 COMMUNITY&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
802 CRIME PREVENTION UNIT 268 TRAINING
804 HISTORICAL 8 CULTURAL COMM. 270 TRAVEL/CONFERENCES/MTOS
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.
r�
Bernie Simon, Finance Director
CITY OF GRAND TERRACE PING CITY COUNCIL APPROVAL
CITY COUNCIL MINUTES -
REGULAR MEETING - SEPTEMBER 14, 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 14, 2010 at 6:00 p.m.
PRESENT: Maryetta Ferre, Mayor
Lee Ann Garcia, Mayor Pro Tern
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 Tem Lee Ann Garcia,
followed by the Pledge of Allegiance led by Councilwoman Bea Cortes.
ITEMS TO DELETE
City Manager,Betsy Adams indicated that item 8B. Fee Waiver Request for Use of Rollins
Park Picnic Shelters is being deleted due to the request being withdrawn.
SPECIAL PRESENTATIONS -None
CONSENT CALENDAR
CC-2010-77 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., 3C., and 3E.,
3B. Waive Full Reading of Ordinances on Agenda
3 D. Resolution Authorizing an Agreement to Provide Project Administration and
Management for the City's Energy Efficient and Conservation Block Grant
with Lynn Merrill, Consulting to Municipal Governments
COUNCIL AGENDA ITEM NO.��,
f
Council Minutes
09/14/2010
Page 2
3F. Reappointment of Committee Members
ITEMS REMOVED FROM CONSENT CALENDAR
i
4
3A. Check Register Dated 09-14-2010
Bernardo Sandoval, 22950 De Berry, indicated that there is a check in the amount of 1.7
million dollars and questioned what it was in regards to.
CC-2010-74 MOTION BY COUNCILMEMBER STANCKIEWITZ, SECOND BY MAYOR
PRO TEM GARCIA, CARRIED 4-0,to approve Check Register Dated September
14, 2010.
33C. Approval of 08-24-2010 and 09-01-2010 Minutes
CC-2010-75 MOTION BY COUNCILMEMBER CORTES,SECOND BY COUNCILMEMBER
STANCKIEWITZ, CARRIED 3-0-0-1 (MAYOR PRO TEM GARCIA
ABSTAINED), to approve the August 24, 2010 Minutes.
CC-2010-76 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
CORTES, CARRIED 3-0-0-1 (COUNCILMEMBER STANCKIEWITZ
ABSTAINED), to approve the September 1, 2010 Minutes.;
f
3E. Budget Transfers for Local Stimulus Projects
CC-201-77 MOTION BY COUNCILMEMBER STANCKIEWITZ, SECOND BY MAYOR
PRO TEM GARCIA, CARRIED 4-0,to approve a budget transfer of$31,076.87 in
the Street Capital Projects Account Fund (46) of the Local-, Stimulus Projects and
allow Staff to place a 15% contingency on each Local Stimulus Capital Project
account and move funds as needed in the project accounts with the approval of the
City Manager.
PUBLIC COMMENT
Doug Wilson, 12168 Observation Drive, stated that within the last month we have had
graphic illustrations on why it was so important for our community to keep its eye on the
economic ball at all times. Right on the heels of the Town Center approval by Mayor Ferre,
Mayor Pro Tem Garcia and Councilwoman Cortes came Tapout's announcement that it had
been purchased by an out of town entity. Within a few days the industrial space that Tapout
had occupied was virtually emptied. Truck after truck under the cover of darkness vacated
what was once a multi million dollar business and a claim to fame.; Things happen. He is
not saying that we shouldn't have a house of order but sensible commerce has to be our main
Council Minutes
09/14/2010
Page 3
priority because it drives everything else that can be accomplished. In our pursuit of perfect
government let us not forget that we are human. Recently pin the blame seems to be more
popular than pin the tail on the donkey. Intelligent commerce and keeping our eye on the ball
will allow us to invest in our youth and build on the good that is Grand Terrace.
— Bernardo Sandoval, 22950 DeBerry Street, reported that the Grand Terrace Woman's
Republican Club will be having an Ice Cream Social. He feels that it would be good to have
all the different candidates come and give a little extra. It will be held on Friday, September
17, 2010 from 4:00 to 8:00 p.m. This is a fundraiser for the group. Adults are $5.00 per
ticket and children are $3.00 per ticket for a family it is $15.00.
Herman Hilkey, 23196 Glendora Drive, stated that the Audit that was done brings concern
to many people in town especially him. It seems that from this side of the stage that one
person is pushing for something and an audit was done commissioned by the City and it
never appeared on the agenda. The audit was received in closed session and it never
appeared on the agenda. Action was taken and employees were directed to make out checks,
checks were mailed, paper was mailed, letters were mailed but it never appeared on the
agenda. He feels that it looks really bad and it looks like a serious Brown Act violation when
something happens our normal auditor is not involved and he doesn't understand why it can
be decided on what happens without checking history on why things were done the way they
were done. He indicated that he would like to hear from the existing auditor that the City.has
had for years. He stated that he has known Mayor Ferr6, Mayor Pro Tern Garcia and
Councilwoman Cortes for a long time and he knows that they have worked hard on their
reputation as a fair and honest judge and character. He expressed his concern that they are
being bullied on items like this. He feels that these types of items need to be on the agenda
and in the open. He feels that we have not become transparent and,over the last few months
everything seems to be behind closed doors, for a good reason. He stated that he doesn't
want one person to ruin their political reputation. He doesn't feel that it is right for one man
to bully the council.
Debra Hurst,22950 Orangewood Court,questioned how the health insurance is handled for
the Council Members. She indicated that there is always a different amount on the check
registers.
COUNCIL REPORTS
Manor Pro Tern Garcia, stated that she enjoys the democratic process even though it can be
challenging. She will say that she hopes that it can be as positive as possible. She stated that
there are many wonderful people in town and she hopes that they take the time to get to
know everyone and that they do their civic duty. She has a tremendous amount of respect
for the people of Grand Terrace. When she first got elected, she believes that there was a
75%voter turn-out. She reported that the Halloween Haunt will be held on Sunday,October
Council Minutes
09/14/2010
Page 4
31,2010. The costume categories will be 4U,5-8,9-12,and 13 and over. She reported that
the Grand Terrace Woman's Club is looking for members,they have monthly meetings and
will be hosting a membership tea on September 22,2010. She stated that the Woman's Club
does a tremendous amount of things for the community. She reported that the Friends of the
Library sent out 175 letters requesting donations. The information will be available on the
website. She gave kuddos to the Grand Terrace Chamber of Commerce who is now reaching
out to the home based business community.
Councilmember Cortes,announced that the Blue Mountain Senior Villas is running a special
right now. Rent has been reduced$100.00 per month. Flyers are available at City Hall. She
told a story about one of the Deputies and an incident that took place in town. She feels that
the Deputy was an extraordinary individual and expressed her appreciation to Sgt.Espinoza
and Sheriff Hoops. She agreed with former Councilmember Hilkey that the report was not
an audit and that it needs to be disclosed to the tax payers, however, it is a Closed Session
Item and he should be aware that a closed session item has to be approved by the City
Attorney and the Council. It is not up to her to make a decision on the dias. She has had
many people ask her questions regarding the report and she supports his thoughts.
Councilmember Walt Stanckiewitz,referred to an article that was in last weeks issue of the
San Bernardino County Sentinel about a program for those who served in the Middle East
Wars. It's a Retroactive Stop Loss Pay Program(RSLSP)under the 2009 War Supplemental
Appropriations Act which provides $500 for each month/partial month served in stop loss
status. He requested that the information be available on the City's Website. He reported
that there is a new food facility, Mongolian BBQ which replaced the Chinese Restaurant.
It's open and he encouraged everyone to try it out. He knows that Mr. Hilkey feels a
necessity to throw hand granades at him because this is political season and he has to protect
his interest in a candidate that is running for Council. He appreciates his comments that he
feels that he has so much power on the Council and feels that it is time that he gives Mr.
Hilkey a Civics Lesson. He is only one vote, he doesn't have any more power on this
Council than the other three Councilmembers. He is one vote and that is it. He is not the
driving force.
Mayor Ferre, reported that on September 11, 2010 the Grand Terrace Lion's Club and Boy
Scout Troop met at Rollins Park, burned the old flag and erected a new one. She felt that it
was a very touching ceremony. The City was in need of a new flag and the Lions Club
purchased the flag. There were several people in attendance ands she feels that this is a
wonderful community and that it is an honor to live in Grand Terrace and it is an honor to
be on this Council and it was an honor to go to Rollins Park and see this wonderful event.
She thanked the Lion's Club and the Boy Scouts. They will be recognized in October.
PUBLIC HEARINGS -None
Council Minutes
09/14/2010
Page 5
UNFINISHED BUSINESS
7A. Second Reading of an Ordinance of the City Council of the City of Grand Terrace,
California, Amending Chapter 2.04.020 of the Grand Terrace Municipal Code
Pertaining to Stipends for City Council Members
_ CC-2010-78 MOTION BY COUNCILMEMBER CORTES,SECOND BY COUNCILMEMBER
STANCKIEWITZ,CARRIED 4-0,to approve the Second Reading of an Ordinance
of the City Council of the City of Grand Terrace, California, Amending Chapter
2.04.020 of the Grand Terrace Municipal Code Pertaining to Stipends for City
Council Members
NEW BUSINESS
8A. Interfund Loan from Facilities Fund to Traffic Safety Fund to Pay Delinquent
Redflex Balance Due
CC-2010-79 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
STANCKIEWITZ, CARRIED 4-0, to approve the Resolution Authorizing an
Interfund Loan from Facilities Fund to Traffic Safety Fund to Pay Delinquent
Redflex Balance Due and direct Staff to look into the termination of the contract.
CLOSED SESSION
9A. Conference with Legal Counsel - Potential Litigation - CG 54956.9 (b)(2) and
GC54956.9 (c )
Mayor Ferr6 announced that the Council met in Closed Session with Legal Counsel
regarding Potential Litigation, CG 54956.9 (b)(2) and GC54956.9(c)and there was
no reportable action taken.
9B. Conference with Legal Counsel - Existing Litigation GC54956.9 (a) Chambers
Group
Mayor Ferr6 announced that the Council met in Closed Session with Legal Counsel
regarding Existing Litigation with the Chambers Group and there was no reportable
action taken
9C. Conference with Legal Counsel - Potential Litigation - GC54956.9 (b)(2) and
GC54956.9 (c) - Potential Release of Attorney Work Product (Report by Diehl,
Evans & Co.)
l
Council Minutes
09/14/2010
Page 6
Bernardo Sandoval,22950 De Berry Street,feels that it is imperative that the citizens
of Grand Terrace are able to make up their own mind in terms of what exactly
happened. Whether there was a violation of law, whether it was mismanagement,
whether it was the City Attorney, as many people are saying, whether it was the
former City Manager, or whether it was the first City Manager. Where did this
decision process come from in terms of making the stipends and defining what they
are. Also how was the decision made in terms of issuing W2's. He would be
horrified if he were a member of the Planning Commission to work a thankless job
for what they get to be able to make these decisions that were made without input
from them is just something that he personally is curious about and many people in
the community are curious too. He believes that it is imperative so that people don't
come to their own conclusion and there aren't crazy rumors and so people don't
make up their own truths. If the report is made public then people will be able to
come to their own conclusions and they will know whether Walt was lying or Tom
was lying or Herman Hilkey was lying or whether there was just a big
misunderstanding. He feels that it is critical that the report be made public. It
seemed to him that the Attorney sitting in for Mr. Harper wanted to make it public.
He feels that it would be very helpful for the whole community.
i
Mayor Ferr6 announced that the Council met in Closed Session to discuss Potential
Litigation - GC54956.9 (b)(2) and GC54956.9 (c) - Potential Release of Attorney
Work Product (Report by Diehl, Evans & Co.) and the following reportable action _
was taken: after consulting with the City Attorney the City Council unanimously
agreed to release the tax opinion prepared by Diehl, Evans & Co. The document is
80 pages long and the City Clerk will provide a copy of it at no cost to the individuals
directly affected by the tax opinion. A copy will also be available for public viewing
at the City Clerk's Office after 10:00 a.m. on Wednesday, September 15, 2010.
Mayor Ferr6 adjourned the meeting at 8:55 p.m., until the next City Council Meeting which is
scheduled to be held on Tuesday, September 28, 2010 at 6:00 p.m.
CITY CLERK of the City of Grand Terrace
i
MAYOR of the City of Grand Terrace
i
i
:fie. 4
.,ai'Fox�ia AGENDA REPORT
MEETING DATE: September 28, 2010 Council Item (X) CRA Item ( )
TITLE: Five-Year Capital Project Needs Analysis_ and Capital
Improvement Program.
PRESENTED BY: Richard Shields, Director-of Building and Safety/Public
Works
RECOMMENDATION: As part of the Measure I, Five—Year Capital Project Needs
Analysis and,Development Mitigation Annual Report,
(1) Adopt Resolution No. , setting forth the Five-
Year Capital Projects Needs Analysis, (CPNA).
(2) Approve the Development Mitigation Annual Report for
fiscal year 2009-2010.
BACKGROUND: '
San Bernardino County voters approved passage of Measure I, November of 2004
authorizing San Bernardino Associated Governments, (SANBAG), acting as the San
Bernardino County Transportation Authority, to impose a one-half of one-percent retail
transactions and use tax applicable in the incorporated and unincorporated territory of
the County,of San Bernardino.
The Measure I Strategic Plan requires Focal jurisdictions to annually adopt a five-year
Capital Project Needs Analysis (CPNA), which documents project or program needs by
fiscal year and includes the anticipated funding sources, funding amounts and project
phasing where appropriate. The CPNAs also demonstrate the availability of
development mitigation fair share funds for projects included' in the Needs Analysis.
CPNAs for Valley jurisdictions include projects for the Valley Freeway Interchange and
Major Street Programs. The CPNA must be adopted by action of City Council and be
forwarded to SANBAG by September 30, 2010. SANBAG staff will use these
submittals, along with similar information from SANBAG departments, in a cash-flow
analysis to be conducted in fall 2010. A recommendation for apportionment to
programs and allocation to projects will be considered by SANBAG policy committees
and the Board in early 2011.
COUNCIL AGENDA ITEM NO. 3 U
The Development Mitigation Annual .Report is one of the ongoing requirements of the
San Bernardino County Development Mitigation Program and the Congestion
'Management Program. The report requires each jurisdiction to provide information on
development activity and the expenditure of development mitigation funds on projects,
contained in the Nexus Study over the past fiscal year. The report covers development
activity and expenditures for the fiscal year ending June 30, 2010.
DISCUSSION:
Measure I revenue can only be used for transportation improvement and traffic `
management programs authorized in the Expenditure Plans set forth in Ordinance No.
04-01 and Ordinance 89-1 of the Authority. The Strategic Plan and Expenditure Plan
require. each local jurisdiction applying for revenue from the Valley Major Street and
Freeway Interchange Programs to annually adopt and update' a Five-Year Capital
Project Needs Analysis.
The CPNA as recommended identifies one project in the City where these funds would
improve traffic management, subject to the projected availability of funds:
Widening Michigan Avenue from Commerce Way to Van Buren Street to (4) four
lanes. The Master Agreement for this project was approved:by the City Council in
May of this year. SANBAG has also approved this project as a street widening
project from Commerce Way to Van Buren Street.
FISCAL IMPACT:
Under this five-year plan the City is committing to obligate $301,000.00 from its
development impact fees (arterial improvements) account over the five-year :period
including FY 2011-12 through FY 2015-16 in order to advance the design and
construction of major circulation improvement projects. The City will receive
$449,500.00 in Measure I subventions for this project. The City's commitment to
obligate development impact fees is a requirement to receive the Measure I funds.
The Measure I Five-Year Plan is updated annually. If development impact fee revenues
are not , generated at the anticipated pace, the City's plan can be scaled back
accordingly. Should additional funding become available or City priorities change in the
future, the City's Measure I Five-Year Plan can be revised with subsequent updates.
Respectfully submi
Richard Shields, Director of Building and Safety/Public Works
Manager Approval: ^ IA
Betsy M. Adams
City Manager
ATTACHMENTS: Capital Project Needs Analysis
Annual Report Mitigation Program, 2009-2010
Resolution No.
t
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE, STATE OF CALIFORNIA, ADOPTING THE
FIVE YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR
FISCAL YEARS 2011/2012 THROUGH 2O1512016
WHEREAS, San Bernardino County voters approved passage of Measure I in
November 2004 authorizing San Bernardino Associated Governments, acting as
the San Bernardino County Transportation Authority, to impose a one-half of one
percent retail transactions 'and use tax applicable in the incorporated and
unincorporated territory of the County of San Bernardino, and
WHEREAS, revenue from the tax can only be used for transportation
improvement and traffic management programs authorized i I the Expenditure
Plans set forth in Ordinance No. 04-1 of the Authority, and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for
revenue from the Valley Major Street and Freeway Interchange Programs to
annually adopt and update a.Five-Year Capital Project Needs Analysis,
NOW THEREFORE BE IT RESOLVED that the City Cou cil of the City of
i
Grand Terrace, State of California, hereby adopts the Measure I Five Year
Capital Project Needs Analysis for Fiscal Years 2011/2012 through 2015/2016, a
copy of which is attached to this resolution.
-PASSED AND ADOPTED this 28th day of September 2010, by the following vote:
AYES:
NOES:
ABSENT:
G
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Capital Project Needs Analysis
City of Grand Terrace
Valley Arterial Sub-Program
(2010 dollars, in $1'000s -SANBAG will apply escalation factors, by year)
Project Information Phase Funding PRIOR* FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16
Widen Michigan Ave from PAGED
Commerce Way to Van Buren Total Cost: $10.00
St from two lanes to four Fund Type: DEV FEE $3.99
lanes MI MAJ ST $6.01
Other:
Total Project Cost: PSBE
$899 Total Cost: $80.00
Fund Type: DEV FEE $31.92
Total Measure I Request: MI MAJ ST $48.08
$89.90
Other:
ROW
Total Cost: $46.20
Fund Type: DEV FEE $18.43
Comments: MI MAJ ST $27.77
Project design and
evironmental documentation Other:
are anticipated to begin later CONST
this FY (2010-11). Total Cost: $762.50
Fund Type: DEV FEE $4.79 $60.20 $60.20 $60.20 $60.20 $60.20
Ml MAJ ST $7.21 $89.90 $89.90 $89.90 $89.90 $89.90
Other:
"Prior includes any FY 2010-2011 allocation
2010 CPNA FY 11-12 to 15-16-Project 2.xls-CPNA Art Project 2
ANNUAL REPORT FOR THE SANBAG DEVELOPMENT MITIGATION PROGRAM
Fiscal Year 2009-2010
Name of Local Jurisdiction:City of Grand Terrace
Person Completing the Report:Ed Studor,Consultant
Phone No.:(961)640-1060
E-mail Address:edjultel{javerizon.net
Date Report Completed:8/30/2010
Quantity of Development Permitted and Fees Received
Fee Dollars
Devel.TyDe Quantity Fee Per Unit Received
Sin le Fomi"DUs — `-- -----
Multi-Family DUs
Office 1000 s .ft. 10 . $4,884.17 $48,841.70
Retail 1000 s .ft.
High Cube Whse 1000 s .ft.
Other industrial/Whse 1000 s .ft.
Other list type and uanti
Other list type and,quantity)
Other list type andquantity)
Total Fee Dollars Received $48,841.70
Dollars from Other Development-Related Sources 0
Total Development Contributions Received $48,841.70
Percentage of Dollars Assigned to Regional Im rvmnts 1 100.00%
Regional Projects on Which Fee Dollars Have Been Expended
Fiscal Year 2009-2010 Einriditures Cumulative Expenditures for Project
Description of Project(Location and nature of project, Fund Source/ Engineering/ Engineeringl
type of expenditure,and project limits) Type Environmental lRight-of-Way Construction Environmental Right-of-Way Construction
Project 1 Fee
Reg.Mess.I
Local Meas.I
Federal
State
Other Local
Project 2 Fee
Reg.Mess.I
Local Meas.1
Federal
State
Other Local
Project 3 Fee
Rea.Mess.I
Local Meas.I
Federal
State
Other Local
Total
T
�LI'FOR11., AGENDA REPORT
MEETING DATE: September 28,2010 Council Item(X) . CRA Item ( )
TITLE: Notice of Completion
PRESENTED BY: Richard Shields,Director of Building and Safety/Public Works.
RECOMMENDATION: (1) Accept the Notice of Completion for Holly alleyway asphalt
spot paving, miscellaneous sidewalk repairs, Preston Street paving
and Barton Road paving.
(2) Direct the City ClerVs office to record the Notice of
Completion with,San Bernardino County Recorder's Office.
BACKGROUND:
On September 2, 2009 the SANBAG Board of Directors approved the Local Stimulus Program
providing funds for street improvement,projects. On October 13, 2009 Resolution No. 2009-41
was adopted by City Council approving (6) six projects and the City's desire to participate in the
stimulus program. On July 13, 2010, City Council approved an Award of Bid to Roquet Paving
to perform(4) four of the(6) six projects.
DISCUSSION:
The(4) four projects.that have been completed are:
1) Holly alleyway spot paving.
2) Miscellaneous sidewalk repairs.
3) Preston Street paving and signal repairs.
4) Barton Road repaving.
Before a final payment of the above work is processed by the,City, a Notice of Completion shall
be approved by-the City Council.
COUNCIL- AGENDA ITEM NO E
FISCAL IMPACT:
Funds to compleie the (4) four projects ,.ave been programmed in the City's budget and will be
reimbursed to the City from SANBAG Nithin 30 days of SANBAG receiving an invoice from
the City.
Respectfully submitted,
Ric and Shields
Director of Bui3.Ling and Safety/Public V•orks
i
Manager Apprc al:
Betsy Adams
City Manager
ATTACHMEN { S:
Notice o i Completion.
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7ITY OF GRAND TERRACE
WHEN RECORDED MAIL TO:
CITY OF GRAND TERRACE
22795 BARTON ROAD
3RAND TERRACE, CA 92313
ATTENTION:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
NOTICE OF COMPLETION
otiee pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that:
Tt' iersigned is owner or corporate officer of the owner of the interest or estate stated-below in the property hereinafter
The full name of the owner is___ City of Grand Me=ar-a
The full address of the owner is 22795 Barton Road Grand Terrace CA 92313
The nature if the interest or estate of the owner is;In fee.
(If other than fee, strike "In fee" and insert, for example, "purchaser under contract of purchase," or"lease")
i. The full names and full addresses of all persons, if any,who hold title with the undersigned as joint tenants in common are:
NAMES ADDRESSES
6. A work of improvement on the property hereinafter described was completed on . 09-20-2010. The work done was:
nent Rahnhi l;tat i can anrl Ri d_wal k R pl aunt r
i
7. of the contractor, if any, for such work of improvement was EQ7t-"'t Paving. Inc.
July 13, 2010 _
(If no contractor for work of improvements as a whole,insert"none") (Date of Contract)
8. The property on which said work of improvement was completed is in the City of Grand Terrace
County of San Ft.-rnarrli nn , State of California,and is described as follows: Barton Road pavement
rPhah;l;tation_ Pray o habilitation Holly Street Public Alley
pavement raha il; a ion, and Sidewalk replacement at various locations throughout the city.
9. The street address of said property is none
(If no street address has been officially ELssiped, osrrt,�," ne")
Dated:
Sign cure of owner or corporate officer of owner
named in paragraph 2 of his agent
VERIFICATION
I,the undersigned,say: I am the Manager of the declarent of the foregoing notice of completion;
("President of", "Manager of', "Owner of", etc.
I bave read said notice of completion and know the contents thereof;the some is true of my own knowledge. I declare under penalty
of perjury that the foregoing is true and correct.
Executed on 2010 , at Grand Terrace California.
(Date of signature) (City where signed)
(Personal signature df the individual who.is swearing that the contents of
the notice of completion are true.)
>;
CALI,FORNIA AGENDA REPORT
MEETING DATE: September 28, 2010 Council Item ( X ) CRA Item ( )
TITLE: Reject Liability Claim GTLC-10-03 (Martin)
PRESENTED BY: Brenda Mesa, City Clerk
RECOMMENDATION: Reject Liability Claim GTLC-10-03 (Martin) and Authorize staff
to notify the claimant of the action taken
BACKGROUND:
The City of Grand Terrace has received a claim for damage to a home due to rain water run-off.
DISCUSSION:
Our Claims Administrator, Carl Warren & Co., has reviewed the claim and is requesting that the
City reject the Claim and send a standard rejection letter to the claimant. A copy of the claim is
attached for your review.
FISCAL IMPACT:
None
Respectfully submitted:
Brenda Mesa, City Clerk
Manager Approval: 2'/
Betsy WAdams, City Manager
ATTACHMENTS:
Liability Claim— Martin
Recommendation from Carl Warren & Co.
COUNCIL AGENDA ITEM NO. , F
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NOTICE OF CLAIM
AGAINST THE CITY OF Grand Terrace, CALIFORNIA
(Government Code § 910, 910.2)
INSTRUCTIONS(Please read carefully):
Claims related to injury to person or damage to personal property must be presented to the!City within six(6) months
from the date of loss.
Claims related to any other loss must be presented not later than one(1)year from the date of loss.
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Answer all items fully and to the best of your knowledge and information. Failure to do so may result in your claim
being found insufficient. If more space is needed to provide requested information,please attach additional pages
identifying paragraphs(s)being answered.
TO: City Clerk
City of Grand Terrace,City Hall
22795 Barton Road
Grand Terrace,CA 92313
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Date and Time Filed with the City Clerk
[City Use Only]
1.Claimant's Name: - Date of Birth: =j S(
Daytime Phone:f
` I
2. Claimant's Mailing Address:
Street Number—Street-Apt No.—City—State- Zip I
3.-Claimant's S S N-
Home Phone: e
4 Date of Loss: Time of Loss:
5. Location of Loss(Specify,in as much detail as possible. Example: 5 feet east of west corer of Elmira Road and
Peabody): '3 I—C t" Fc ,rY) f�I LO 6,�V\c! f) b' �NC L 1_ 11i C' 1Z C ti� (C•�G C'�1
-7) --
6. Description of incidentlaccident that caused you to make this claim:
�Nct� -�'<' c t c
`\
7 What specific injury, damages or other losses did you incur?
1A S-'`LC. t`�C,:7,ct� lr � �1v L'�<`4fJA `,c�(�C� Z�: ��rv�L_G L► , _ti . C..+,
( ' -..L>_ �.i� rY-c• --a;C u< . 1� - } G�L - t_ rc
Al—y \-��t_�l�`�'� (`�.v_=•L `�q_.1Z I l�_ 1 .z�L!.} �`�.___y�— --1�-`_�=— I\ 4�-_
' � \:.( '� 'I 1 L ( i17 ,.y'(Tt, i 1 ` r ,) Z `•� c �\l��t:.`� L .._(-'v t( 1.,... t _.t .!' -
'Xhar arnount of rtimiev :ire you seeking ro -e overt l('.eck tine of the ho`ces h�Inw):
i i he a1110unt claitned torals le';s than to 001). ;iitrr the arriount'_Iairned here- 3
( The amount claimed is more than$10,000 but not over`625,000; jurisdiction rests in Municipal Court.
( ] The amount claimed is more than`625,000,jurisdiction rests in Superior Court.
9. How was this amount calculated? (Itemize and attach bills,repair estimates,receipts,etc.; if claim is for vehicle
damage, obtain and attach two(2)repair estimates):
10. What is your basis for claiming that the City or City employee(s)are the cause of your injury, damages or loss?
1 \ > > LP y)
C L�(' .vim o� �z. ti
11. What are the name(s)of t1�e City employee(s) whom you allege caused your injury, damages�r lLoss, if known'?- IC %C�
1 Name,"address and phone number of any wttnesse h`can sub antiate ur claim:
//L
C y -
13.Any additional information that you believe rr ht be helpful to the City in onsiderigg this claim:
lcyIC (Z
14 All notices and communications with regard to this claim will be directed to the Claimant shown in lines 1 and 2
above unless you complete the following to identify to whom further communication should be directed.
Name: Relationship:
Address: State: ZIP:
Daytime Phone: Home Phone: (�
I/We, the undersigned, declare under penalty of perjury that Uwe have read the foregoing claim for damages and know
the colnts thereof; that the sameFbief,
G of my/our own knowledge and belief,save and except as to those matters
whereat ted on info tion and and as to them, I/we believe to be true.
IOr I)Tkrk
atrnant Printed Name Claimant Signature Date Signed
ote: If someone files the claim on behalf of the claimant, the person making the claim on behalf of the claimant
should sign above.)
Claimant Printed Name Claimant Signature Date Signed
WARNING: Penal Code Section 72 makes it a crime punishable by imprisonment to submit a"false or
fraudulent claim" for payment to a city or public district,and Code of Civil Procedures Section 1038 authorizes
the award of attorney tees against a claimant who brings a claim that is"not brought in good faith and with
reasonable cause."
I
- 4
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DAfE ,)PDFfiED ('PUER TAKEN BY
fn { I'!1i;NE , ) ! ('JJQ;'-MMER 13,RDER
ADDRF_, _ jG I_0GATI(
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_ ,JOB PHONE j;)IAHTING DATE —
AFTEN TION i-ERMS [
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1------• I ?-��yr l�"l r �-t�/---, /`� �i�--�-��, �.- • � � •
_,ARK i'RDERPC BYTOTAL LABOR-
T)TAL "vtATFr IALS
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Restoration -Management Company
' 25172.Arctic Ocean Drive Suite 100
Lake Forest,CA 92630
(800)400-5058 Fax(949)309-3547
License#765595 -
Tax ID#: 94-3267563
MAR2240CW23845
MAR2240CW23845
} DESCRIPTION QNTY REMOVE REPLACE TOTAL
7. Emergency service call-after business 1.00 EA 000 212.96 212.96
hours
Includes:Administrative/labor costs associated with allocating resources for an emergency response after normal business hours
(evenings,weekends,etc)as needed. ,
Excludes:All labor,travel,materials,or equipment to do the work.
8. Haul debris-per pickup truck load- 1.00 EA 116.90 000 116.90
including dump fees
Includes:Pickup truck,dumping fees,and labor.
Excludes:Demolition.
9 Asbestos test fee-(per sample) 1.00 EA 0.00 - 66.69 66.69
Includes:Laboratory analysis fee and contractor labor to take and send sample to local testing lab.
Total: MAR2240CW23845 396.55
MITIGATION
DESCRIPTION QNTY'- REMOVE REPLACE / TOTAL
1. Water Extraction&Remediation 6.00 HR 0.00 76.64 459.84-
Technician-after hours \� ,
Labor charge for work performed on 1/23/2010. Includes removing baseboards,moving of furniture,removing of carpet aimL_-
padding,sanitizing affected areas,seting up equipment.
2. Water Extraction&Remediation 2.00 HR 0.00 51.04. 102.08
Technician-per hour
Labor charge to monitor affected area on 1125/2010.
3. Water Extraction&Remediation 6.00 HR 000 51.04 306.24
Technician-per hour
Labor charge for work performed on 1/27/2010. Includes removmg of affected drywall and removing insulation.
4. Water Extraction&Remediation 4.00 HR 000 51.04204.16
Technician-per hour
Labor charge to monitor drying on 1/29/2010.
5. Water Extraction&Remediation 5.00 HR ' 0.00 5104 255.20
Technician-per hour
Labor charge for work performed on 2/2/2010. Includes monitoring and removing of remaining affected drywall.
6. Water Extraction&Remediation 4.00 HR 0.00 51.04 20416
Technician-per hour
Labor charge for work performed on 2/4/10. Includes equipment pick up and denuo-of drywall in bedroom.
Cotals_ NUTIGATION 1.5 31 68
N,1AR22 40CW23845 ' 22.2U10 Page: 2
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Restoration Management Company
25172 arctic Ocean Drive Suite 100
Lake Forest,CA 92630
(800)400-5058 Fax(949)309-3547
License#765595
Tax ID#:94-3267563
Client: Jessica Martin
Property: 22456 Pico Street
Grand Terrace,CA 92313
I
Operator Info:
Operator: C MORRIS
Estimator: Charles Morris Business: (949)309-3540
Business: 25172 Arctic Ocean Drive
Lake Forest,CA 92630
Type of Estimate: Water Damage
Date Entered: 2/15/2010 Date Assigned: 1/23/2010
Date Est.Completed: 2/15/2010 Date Job Completed:
Price List: CALA5B_JAN10
Restoration/Service/Remodel
Estimate: MAR2240CW23845
Tax ID#:94-3267563
Water Damage Service
Performed an inspection on January 23,2010 to determine the extent of the damage.Had the work authorization sheet
signed and began services. The following bill is based on time and material needed to complete'the dryotrt of the property..
Mold was found in the garage but that was not addressed at this time. We removed affected caret and padding in affected
areas along with baseboards and drywall. Sprayed anti microbial in affected areas prevent any mildew growth. Installed air
movers and dehumidifiers to complete the drying.
For hither questions,please ca11 our office for,assistance. :hank You for alloying Restoration Nlanagenieul Company to
assist with all your restoration needs.We truly appreciate your business.
Cause Statement:Runoff from heavy rains
C
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Fair Price Carpets
1070 center street
Riverside, CA 92507
951-684-8578 / 684-4727 '
Invoice # 65841
Date : 06/25/10 Terms : Cod
Sold To : Jessica Martin Ship To: Jessica Martin
22456 Pico St 22456 Pico St
Grand Terrace CA 92313 Grand Terrace CA
b # : Salesmen: Installers : P. O. Number:
8922 8 8922
Quantity: Description: Price Per: Amount :
*pt
Sub Total : 1659 . 00
Tax:
Total : 1659 . 00
Date: 06/25/10 Amount Paid: 1659 . 00
Total Amount Paid: . 00
Total Amount Due : $ . 00
Thank You. . .
We Appreciate Your Business . . .
i
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RECEIVED
July 1, 2010 JUL 0 7 21010
City Managers Department
City of Grand Terrace
Dear Betsy Adams and the City of Grand Terrace.
i
Enclosed is a second request regarding a claim that I have submitted regarding damage the was
done to my house due to an unmaintained drain located in front of my house. During the year
of 20091 had made several calls to the City of Grand Terrace maintenance dept informing them
that the drain place in front of my house needed repairs because the water was not flowing
accumulating into my driveway and eroding the street. I was told that the problem would be
looked at when maintenance was scheduled on my street. Several calls later I was told there
was no money to fix the problem and that it was unsure when the repairs!could be made. I
have lived in the property for several years and know the problems that this poorly designed
drain can cause. In the past years the city had placed a curb in my driveway to prevent the
overflow from flooding my front yard and patio. Yearly repairs were imperative to keep the
flow of water moving. During one phone call in 20091 was told the drain was checked and that
the drain was clear of weeds and grasses that accumulate. I further explained that the problem
was not in a blockage, but a design problem and erosion causes back up of water. Again I was
told that repairs were not yet scheduled and that the problem could not be addressed at this
time. On January 20`h,the rain came. I came home that afternoon to find that the garage had
flooded filling up appox. 18 inches deep. Water proceeded to move into the house flooding the
master bedroom and bath along with my daughter's bedroom. I called my insurance company
and a restoration company came to the house. The floor and drywall had to be removed and
dryers were placed for two weeks. A neighbor had come to me and explained that he saw the
water both come through and over the drain and then banked of the curb placed in my
driveway sending the water down my driveway and into my garage. An inspector from my
insurance co came out and surveyed. I was later told by the insurance company that they
would not cover the damage and that I needed to contact the city. I made calls to the street
maintenance dpt. but was again told there was nothing to be done. In March, I met with you
and the repair manager. I was told by him that there was not money to fix the problem and
that he was aware prior to the incident that repairs were needed but that financial limitation
prevented the drain from being fixed.The statement he said to me was "you are just a sitting
duck until then." You the City Manager then told him that something must be done. About a
month later the city did do some repairs and I was told it was a "bandaid'J to the problem and
so far it has been draining properly. Although I kept asking who was going to help with the
repairs during the meeting, my losses were not a subject that would be discussed. I was given a
claim for and two months ago I sent it to the City. I have heard nothing black from you or any
representative. I
I am not asking for the items such as my wedding dress and Christmas decoratios that were
damaged to be replaced. I am only asking for the cost of the damage done to the structure of
the house be reimbursed to me. I took the initiative keeping the drain cleaned out and
notifying the city when the drain needed to be maintenance. It is now'the responsibility of the
city to pay for the damage that could have been avoided.
The devastation of loosing your personal items and more importantly your home is something
that must be experienced to understand the impact. I am a single mother raising 4 children.
Taking of work is not an option for me and doing the repairs myself impossible. We have
started the repair process and have had to squeeze 5 of us into 3 bedrooms and bathroom. The
stress has been high my household much more difficult to manage. I have lived in Grand
Terrace for 13 years, I am a homeowner and pay my property taxes. My children and I are part
of this community and deserve to have your response. Please contact me as soon as possible
Thank you
Jessica Martin
�' 22456 Pico St.
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Itemized list of losses at 22456 Pico St.
i
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4
Restoration 1991.52
Repair of structures 5200.00
Flooring replaced 1550.00
I�
Total of claim 8700.00
�f
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September 13, 2010
TO: The City of Grand Terrrace
l �
ATTENTION: Brenda Mesa, City Clerk
RE: Claim Martin vs. City of Grand Terrace
Claimant Jessica Martin
D/Event 1-20-10
Rec'd Y/Office 7-7-10
Our File 1532601-RWQ
We have reviewed the above captioned claim and request that you take the action indicated
below:
• CLAIM REJECTION: Send a standard rejection letter to the claimant.
Please provide us with a copy of the notice sent, as requested above. .If you have any
questions please contact the undersigned.
Enc.: Copy of my letter to claimant.
Ve Lyours,CA>>� N&COMPANY
Roy Whang
cc: CJPIA
Attn: Paul Zeglovitch, Liability Claims Manager
CARL WARREN & CO.
CLAIMS MANAGEMENT•CLAIMS ADJUSTERS
770 S Placentia Ave.,Placentia, CA 92870
Mail:P O Box 25180•Santa Ana,Ca 92799-5180
Phone: (714)572-5200 •(800)572-6900•Far.(714)961-8131
no
September 13, 2010
Jessic�M *n
2245
G nd Terrace, CA 92313
RE: Principal City of Grand Terrace j
D/Event 7-16-09
Claimant Jessica Martin
Our File 1532601-RWQ
i
Dear Ms. Martin:
As you will surely recall we are claims administrators for.the City of Grand Terrace. Both the
Public Works Street Dept. and I have carefully examined the facts and {circumstances of your
claim. I must regretfully advise you that we could not find any liability by the City for the
flooding of your home on 1-20-10. I realize this is not appreciated by you, but allow me to
explain.
I
I have been advised that the pad on which your home sits is below street level and that even
though your front yard was regularly flooded in the 13 years of your residence, the house itself
had not been flooded until 1-20-10. Your Theory of Liability is thai the City's failure to
respond in a timely manner to your complaints of potholes at the end of your driveway in the
summer and fall of 2009 is sufficient evidence of the City's negligence.
This is where the City begs to differ and where I also believe that you have no basis for your
claim: Namely that there is no provable cause and effect relationship between the existence of
the potholes, which no one disputes, and your home's flooding. Just because those same
potholes were "always" repaired prior to 2009 and you only had front yard flooding, doesn't
mean that if they had been patched last year, your house would not have been flooded on 1-20-
10.
Jessica, you've argued that the City should have known that your house would be flooded on 1-
20-10 if it didn't repair the street in front of your driveway in 2009. Hindsight, while seemingly
accurate, does not establish causation. In other words, the critical element of negligence...that
the City had notice (foreknowledge) of your flooding from your complarint of the potholes and
took no corrective action, is missing from your claim. The sad reality is that your property is so
situated that street maintenance of and by itself will do nothing to prevent the flooding of your
home in the event of rainstorms as heavy as those of last January.
I am unfortunately unable to recommend that any settlement be offered to you for any portion
of or the entirety of your claim. This letter does not affect the notice that will be sent to you by
CARL WARREN & CO.
CLAIMS MANAGEMENT•CLAIMS ADJUSTERS
770 S.Placentia Ave.Placentia,CA 92870
ftfina• D f1 Rnv )rlRn.Cants Ana ra 07700_Slan
E
the City of Grand Terrace regarding the disposition of your claim. If you have any questions,
please call me at(714) 572-5276.
Very Truly Yours,
Roy Whang
CARL WARREN&CO.
Cc: City of Grand Terrace/Attn: Brenda Mesa, City Clerk
2 Carl Warren & Co.
"- � �
Historical & Cultural Activities Committee SEP 1 : 2010
Minutes for July 12, 20D9'
/v OITY OF GRAND TERRACE
CITY CLERK'S DEPARTMENT
The meeting was called to order at 7:10 p.m. by Chairperson Pauline Grant. Those
present were Pauline Grant, Gloria Ybarra, City Clerk Brenda Mesa, Masako Gifford,
Peggy Reagan, Shelly Rosenkild'and Ann Petta.
Secretary's Report: The minutes for June 5, 2010 were read and approved on a motion
by Shelly, seconded by Ann. All in favor. Motion carried.
Treasurer's Report: The budget for the new 2010-2011 fiscal year shows a balance of
$1,200.00. The Petty Cash balance is$ 91.18.
Masako reimbursed Shelly$ 38.64 for Art Show photo double prints.
Historical Report: Ann reported that the Boy Scouts, Troop 40,have agreed to
participate in arranging the glass display case. Ann will continue to exchange
information with Troop Leader Sam Fisk regarding the case.
Gloria showed the committee photos she took of various buildings under construction in
the city. She will take additional photos of the same sites when construction is completed
to show the"before" and"after"effect. The photos will be added to the historical
collection.
New Business: 291h Annual Country Fair, Saturday,November 6, 2010
Shelly will tend to the advertising of the Fair(applications,posters, banner, newspaper
ads, etc.).
Brenda added that the cable ad is in.
Masako will inquire with the Lions Club regarding the securement of the Lions Club
building for the Fair.
Pauline handed Masako a bag of extra tablecloth clips which were donated by the Lions
Club. Masako will add them to the committee's supplies.
No Meeting In August.
Brenda advised that due to Labor Day, the City will be closed Monday, September 6, the
first Monday in September. The next committee meeting is scheduled for September 13,
2010 which is the second Monday in September.
The meeting was adjourned at 7:30 p.m.
Respectfully Submitted,
Gloria Ybarra;'
Secretary
COUNCIL.AGENDA ITEM NO.J
CITY OF GRAND TERRACE !RECEIVED
CRIME PREVENTION COMMITTEE
Regular Meeting J 1- - 2010
MINUTES (ATY OF GRAND TERRACE
August 9, 2010 3ITY CLE11--W-0 1"o 4RTMENT
The Grand Terrace Crime Prevention Committee met for the regular meeting at the
upstairs Conference Room at City,Hall. Meeting was called to order at 4:03 pm by
? Chairperson Don Bennett.
MEMBERS PRESENT: Don Bennett, JoAnn Johnson, Debra'Hurst, Lew Neeb, Pat
Smith, Phil 'Spisak.
MEMBERS ABSENT: Marge Owens.
CITY STAFF/SHERIFF'S DEPT. — Nina Mendoza --Sheriffs Special Services.
GUESTS PRESENT: None
AGENDA: was approved with a motion by Lew Neeb and second by JoAnn Johnson.
Motion passed by members present.
MINUTES FOR THE MEETING OF July 12, 2010 were approved with a motion by
JoAnn Johnson and second by Pat Smith. Motion passed by members present.
PUBLIC COMMENT: None
CORRESPONSE: None
UNFINISHED BUSINESS:
a. Criminal Activities —The majority crime activities occurring within the city-are
still vehicle burglaries. Some graffiti is occurring and some ID Thefts are
being reported. Residents need to be advised to make sure their vehicles,
homes and personal information are secure.
b. Neighborhood Watch Program —There is a neighborhood watch meeting
scheduled at The Highlands tonight. On August 18, 2010 there is a meeting
scheduled at the Grand Royale Park. No city wide Neighborhood Watch has
been scheduled yet.
NEW BUSINESS:
a. Crime Prevention Planning —Articles in the local papers to advise residents to
keep their garage doors closed, homes locked and their-personal information
secure.
COUNCIL AGENDA ITEM NO. _
REPORTS:
a.- Summary of Law Enforcement Activity— See above under Criminal Activities.
b. Other Community Programs —The Senior Center-Dick Golden —
Ventriloquist is scheduled to perform on the second Friday in September.
The annual Flu Shot Clinic is scheduled for October 25, 2010 between 9:00
am to 11:00 am. Seniors can also drop off drugs they are no longer using for
proper disposal.
c. Nina is still looking for-the article from CSSA about pegs Inal home protection.
Pat Smith will also-research to see if she can locate it.
d. On August 20, 2010 Movie in the Park will be presented and Citizens Patrol
will assist in passing out information on Neighborhood Watch.
ADJOURMENT - There being no further information to discuss, the meeting was
adjourned at 4:50 p.m.
Respectfully submitted,
Debra Hurst
Secretary
COMMUNITY EMERGENCY RESPONSE TEAM
MINUTES ; ?U f 1j
AUGUST 3, 2010
;:.ITY OF GRAND TERRACE
:.ITY CLERK'S DEPARTMENT
Members Present: Tom Roberts, Sue Taylor, Thomas Schwab, Joe Borrielli,
Hanni Bennett, Matt Wirz, Walt Stanckiewitz, Jason Luckman, Sandra Luckman, Linda Carter, Mil
Herman, Barbara Smeltzer, Jim Stamm,Jeff Allen, Randy Halseth, Peggy Witt, James Vert, Vic
1 Pfennighausen, Debra Hurst.
Members Absent: Nick Calero, Kyle Feildman, Helen Ramos, Joe Ramos,Adele Urrea, Bernie
Urrea, Andrew Anaya, Ken Smith, Monique Stanchiewitz, Doug Von Kriegelstein, Glenn Nichols,
Dragos Barbu, Shannon Bryant, Ingrid Clark, Michael Cerda, William Fenn, Lee Ann Garcia, Jolene
Gustatson, Cliff Homan, James, Monroe, Margie Miller, Barrie Owens, David Ortiz, Bernard Ojeda,
Carlos Ramirez,Terrilee Robb, Lynette Sandiford, Oscar Santana, Phil Spisak, Joanne Thoring, Joyce
Wildenauer.
Meeting was called to order at 7:07 pm by Jeff Allen.
Flag salute was given.
Introduction of guest Jason Luckman.
Sign up sheet passed around to members for roll call.
Agenda for September 7, 2010 meeting was approved by members present.
Minutes for August 3, 2010 meeting were approved by members present.
No treasurers report at this time.
Training was given by Jeff Allen on Disaster Psychology.
Working together as a team. Helping people cope with disaster. Have a plan ahead of time.
People want to be in control, when a disaster happens they need to be involved in helping each
other. Take care of ourselves and our team. Debriefing needs to happen between 24-48 hours
after the incident. The debriefed can not be directly involved in the incident that they are
debriefing on.
Old Business:
Hats and shirts are still available.
[nventory Control is still being worked on.
On October 10, 2010 at 10:10am California Shakeout is being conducted in California. We
may have a drill then.
COUNCIL AGENDA ITEM NO. 3Z
New Business:
The training on.our members can be done by any of our members. The members that have
been trained in"Train the Trainers" are training until the end of this year. Then our general
members can train on their personal background. Such as: Medical Aid, Utilities etc.
The storage shed has been delivered. Cribbing for the shed is scheduled for August 10, 2010
at 6:00 pm. Meet behind the EOC building. Wear proper clothing. Debra Hurst will send e-
mail to all members.
Member Reports: Upcoming Events--Blue Mountain Hike now scheduled for March 13, 2011.
Movies in the Park is scheduled for August 20, 2010. Event to be held at Rollins Park.
Committee--to set up scenarios for shake out include Randy Halseth, Sandy Luckman, Tom Schwab,
Joe Borrielli, Linda Carter.
There being no further business to discuss,meeting was adjourned.
Next Meeting
September 7, 2010
7:00 pm
City Hall
Respectively Submitted,
Debra Hurst
Secretary
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CnLIFORVIA
AGENDA REPORT
MEETING DATE: September 28, 2010 Council Item (X ) CRA Item ( )
TITLE: Subdivision Ordinance
PRESENTED BY: Sandra Molina, Senior Planner
RECOMMENDATION: Conduct a public hearing on the Subdivision Ordinance and move to
second reading.
BACKGROUND:
When the City incorporated in 1978 it adopted a number of ordinances adopting various County
Codes in order to operate the newly formed city, including the County's Subdivision Ordinance.
The enabling ordinance adopting the County's Subdivision Ordinance has since expired and in the
interim the City has used the County's Ordinance as a guideline, while adhering to the provisions
of the California Subdivision Map Act ("Map Act"). However, it is preferable for the City to have
its own Subdivision Ordinance, which is the reason for staff bringing forward the proposed
Subdivision Ordinance. The draft Ordinance has been reviewed by City staff, the City Attorney.
The Ordinance has also been reviewed by San Bernardino County Fire and the County Surveyor,
as directed by the Commission.
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.
DISCUSSION:
The proposed Ordinance will make up Title 17 in its entirety and consists of Chapter 17.04
through 17.64. The existing Chapter 17.04 (School Facilities Dedication and Fees) will be
repealed, on the recommendation of the City Attorney, as it is no longer applicable since the
statute was re-drafted in 2006, and school districts determine their fee and dedication
requirements, with notices to the City.
The proposed Subdivision Ordinance is a comprehensive ordinance that outlines the procedures
for processing tentative tract maps, tentative parcel maps, final maps, parcel maps, improvement
agreements, lot line adjustments, lot mergers, reversions to acreage, and modifications to-tentative
maps. The Council is probably most familiar with tentative maps and final maps as these items
have come before the Council in the past.
COUNCIL AGENDA ITEM NO. LO H
Agenda Report
Page 2 of 5
The Subdivision Ordinance is a comprehensive document. However, the more notable provisions
of the Ordinance include:
Chapter 17.04 General Provisions
• Section 17.04.050 — Review, approval and appeal body. (Page 2) This Section depicts the
review, approval and appeal body for the various subdivision applications that the City would
review.
A major procedural change is proposed in this section relating to e approval authority for
tentative maps. Historically, the Commission has review authority) of tentative maps and
would make a recommendation to the Council with the Council, having final approving
authority. Staff is recommending that the Commission have approving authority on all
tentative maps with the Council only hearing appeals on tentative and,p arcel maps maps. Staff
recommends this change for two reasons: it is in keeping with most cities and it provides an
appeal process.
Another change is paragraph B of Section 17.04.050 (Page 1), which'states that when tentative
maps_or vesting tentative maps are processed with other land use applications requiring city
council action, such as a zone change, development agreement or environmental impact report,
the city council would have final approval authority.
Chapter 17.16 Tentative Maps
• This Chapter outlines the processing of tentative maps from submittal to approval.
• Section 17.16.160= Expiration of a tentative map. The Commission directed staff to consider
revising this section to allow the approval period of accompanying Site and Architectural
Review (SA) or Conditional Use Permit (CUP) applications to ru with the tentative map
approval.
The City's Zoning Code states that a SA or CUP is approved for 124 months and only allows
for one 12 month, time extension. Whereas, the Subdivision Ordinance would allow for an
initial approval of 24 months for tentative maps and time extensions can be granted allowing
for another six years of tentative map approval beyond the first 24 ml nths. Essentially, eight
years before a map.will either expire or record.
On the Commission's direction, staff contacted four other nearby citii s, and the majority only
grant CUP and/or the equivalent of an SA approval for total period of three years (initial
approval and time extension). One city grants a five year approval with no time extensions.
Based on this information the Commission and staff recommend no more than a 24 month
initial approval period, with a one year time extension for SA and CUP applications when filed
and approved with a tentative map. This language has been incorporrated into this section as
subparagraph 1, and will be added to the Zoning Code during its update (Page 20).
Agenda Report
Page 3 of 5
Chapter 17.24 Common Interest Development Conversions
• This Chapter regulates the conversion of rental stock, such as apartments, into ownership
units.
• Section 17.24.060 - Effect of conversion on the City's extremely low,-very low, low and
moderate income housing supply. This Section (Page 33) requires the City to consider the
effect that the conversion of the City's affordable rental -stock to ownership units would have
g on the City's housing supply and to minimize-the displacement of tenants.
Generally, households with limited incomes tend to occupy rental units, rather than own their
own homes, given associated ownership costs. Therefore, in order to ensure that the City
maintains housing,.units, affordable to all economic segments, this section proposes to limit
conversions to no more than 5% of the City's rental stock in any one calendar.-year. Our
Housing Element identifies 1,476 occupied rental units; therefore, no more than 74 could be
converted'to ownership in one year, unless certain findings are made.
The findings are also listed on Page 33 of the proposed Ordinance. The findings in this section
were revised, as directed by the Commission, to make it clearer as to the options that a
developer could employ to convert housing stock beyond the annual 5%, such as construction
of new rental housing units; purchasing of covenants; or donation of an acceptable site or
acceptable amount of funds to the City for construction of new comparable rental housing.
It should be noted that this Section is not required by the Subdivision Map Act. Its inclusion is
to preserve the City's supply of affordable housing in accordance with the Housing Element.
Chapter 17.28 Final and Parcel Maps
• This Chapter provides a clear framework for the processing of final and parcel maps. Final
and parcel maps are processed by the City Engineer with review by other affected
departments/agencies, with their review limited to compliance with the,adopted conditions of-
approval.
This Chapter outlines how final and parcel documents must be prepared, the information that
must be shown on the map, and the documents such as soil and geologic reports that
accompany final and parcel maps. It outlines what constitutes a complete and timely filing
(Page 35). Final and parcel maps are accepted by the City Council, and recorded by the
County Recorder's Office.
Chapters 17.52 Subdivision Design
• This Chapter includes various design standards that subdivisions must comply with, such as
but not limited to, street design, flag lots, private streets, easements, and undergrounding of
utilities.
Agenda Report
Page 4 of 5
• Section 17.52.070 — Street design. Based on County Fire's suggestion, the Ordinance limits
the length of cul-de-sacs to 350 feet in high lire hazard areas, unless otherwise approved by the
City Engineer and County Fire.' In all other,areas, the cul-de-sac length would be limited to no
more than 600 feet(Page 58).
Chapter 17.56 Improvements
• This Chapter governs subdivision improvements, including improvement plans, construction
of improvements, subdivision improvement agreements, bonding, for improvements and
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materials and labor, and acceptance of completed improvements. Improvements include
streets, sewer, water, storm water facilities, and other utilities.
Before a final map or parcel map can be accepted.for recordation the improvements"must be
constructed and accepted, or the subdivider must enter into a subdivision improvement
agreement and provide adequate security (funds) to cover the cost of the improvements.
• Section 17.56.060 — Subdivision improvement agreements and improvement security. This
section addresses the form and amount of security that must be in place before a final or parcel,
map can be accepted. It specifies that the agreement and improvement,security must cover
performance and guarantee, material and labor, and monuments. It a so identifies the amount
of the bond (Pages 64 through 66).
Chapter 17.64 Enforcement
• This Chapter identifies the enforcement authority of the City.
FISCAL IMPACT:
No fiscal impact will be created with the adoption of the Subdivision Ordinance.,
Prepared by,
Sandra Mo ina, Senior Planner
Respectfully submitted,
Joyce Powers
Director of Community and Economic Development
Manager Approval: /„✓✓ '� r _ a- ''=
Betsy M, dams
City Manager
ATTACHMENTS: l. Draft Subdivision Ordinance
Agenda Report
Page 5 of 5
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Attachment 1
Subdivision Ordinance
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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 17.04 THROUGH CHAPTER 17.64
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WHEREAS, the Subdivision Ordinance is intended to supplement and implement. the
California Subdivision Map Act, California Government Code Section 66410 et seq.
WHEREAS, the purpose of the Subdivision Ordinance is to provide the City with legal
authority for the review of the design and improvement of subdivisions and the processing of any
proposed subdivision; reconfiguration and/or consolidation of land within the City of Grand
Terrace to the extent authorized by the California Subdivision Map Act.
WHEREAS, the Project is not subject to the California_Environmental Quality Act
(CEQA)pursuant to Section 15060(c)(2)which states that activities that will not result in-a direct
or reasonably foreseeable indirect physical change in the environment is not subject to CEQA
because the proposed Ordinance does not result.in any direct or reasonably foreseeable impact to
the environment.
WHEREAS, on August 5, 2010 and September 2, 2010, the Planning Commission of the
City of Grand Terrace conducted public workshops on the proposed Subdivision Ordinance at
the Grand Terrace Council Chambers located 22795 Barton Road and directed staff to forward
the Subdivision Ordinance to the City Council.
WHEREAS, on September 28, 2010, the City Council of the City of Grand Terrace
conducted a duly noticed public hearing on the proposed Subdivision Ordinance Grand Terrace
Council Chambers located 22795 Barton Road and concluded the hearing on that date
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW THEREFORE, it is hereby .found, determined, and resolved by the City Council of the
City of Grand Terrace, as follows
SECTION 1. ` The proposed Subdivision Ordinance is not subject Project is not
subject to environmental review pursuant to Section 15060(c)(2) of CEQA.
SECTION 2. Chapter 17.04 School Facilities and Dedication Fee of Title 17 is hereby
repealed in its entirety.
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.
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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 28`h day
of September, 2010 and finally adopted and ordered posted at a regular meeting of said City
Council on the 12`h day of October, 2010.
ATTEST:
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City Clerk of the City of Grand Terrace Mayor of the City of Grand Terrace and of
and of the City Council thereof. 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 ofithe City Council of the
City of Grand Terrace held on the 12`h day of October, 2010, by the following vote:
AYES:
NOES:
ABSENT:
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ABSTAIN: f
Brenda Mesa, City Clerk
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Approved as to form:
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John Harper, City Attorney
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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
17.04.060 Conformance to General Plan, specific plans, and zoning regulations................3
17.04.070 Indemnification.....................................................................................................3
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......................................................................................................5
17.08.010 Incorporated definitions........................................................................................5
17.08.020 Definitions............................................................................................................5
Chapter17.12 Map Requirements.......................................................................................9
17.12.010 Subdivisions of four(4) or less lots......................................................................9
17.12.020 Subdivisions of five (5) or more lots
17.12.030 Waiver of parcel maps by the City Engineer........................................................9
17.12.040 Exceptions ..........................................................................................................10
17.12.040 Exclusions...........................................................................................................10
Chapter17.16 Tentative Maps............................................................................................10
17.16.010 General ...............................................................................................................10
17.16.020 Preliminary maps......................'.
17.16.030 Compliance with General Plan and Zoning........................................................11
17.16.040 Filing application................................................................................................11
17.16.050 Determination of application completeness .......................................................11
17.16.060 Tentative map review and distribution procedures ............................................12
17.16.070 Map numbers......................................................................................................12
17.16.080 Information to be contained on tentative.maps ..................................................12
17.16.090 Documentation to be submitted with tentative maps .........................................16
17.16.100 Referrals .............................................................................................................18
17.16.110 Staff reports and recommendations for tentative maps......................................18
17.16.120 Time frames for action on tentative maps..........................................................IS
17.16.130 Findings for approval of tentative maps.............................................................18
17.16.140 Effective date of map approval...........................................................................19
17.16.150 Appeals...............................................................`................................................19
17.16.160 Expiration of tentative maps...............................................................................20
17.16.170 Extensions of time for tentative maps... ............................................................20
Draft—September 16, 2010
Page 1 of 4
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17.16.180 Modifications of tentative maps.........................................................................21
17.16.190 Withdrawal of tentative map .................................................... .........................22
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Chapter17.20 Vesting Tentative Maps................................................... .......................22
17.20.010 Purpose.....................................................................................!.........................22
17.20.020 Applicability............................................................................. .........................22
17.20.030 Filing and processing of tentative maps.............................................................22
17.20.040 Application materials.............................................................. ........22
17.20.050 Development rights ..................................................................L.........................23
17.20.060 Mandatory findings for approval.................................................................:......24
17.20.070 Effective date of map approval....
.............................................f.........................24
17.20.080 Expiration of a vesting tentative map.......................................!.........................24
17.20.090 Term of vesting tentative map..................................................!.........................24
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17.20.100 Modifications to vestingtentative maps.............................................................25
17.20.110 Expiration of vested rights........................................................1..........................26
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Chapter 17.24 Common Interest Development Conversions................. .........................26
17.24.010 Applicability.............................................................................!I.........................26
17.24.020 Development review required ............................................................................27
17.24.030 Physical standards for condominium conversions .............................................29
17.24.040 Tenant provisions ...............................................................................................31
17.24.050 Notice to new tenants ...............................................................!..........................32
17.24.060 Effect of conversion on the City's very low, low and moderate income
housingsupply...................................................................................................33
17.24.070 Findings..............................................................................................................33
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Chapter17.28 Final Maps and Parcel Maps...........................................1.........................34
17.28.010 General ..............................................
17.28.020 Submittal to and review by the City Engineer..........................'..........................35
17.28.030 Complete and timely final map filing with the City Engineer.!..........................35
17.28.040 Final map approval by the City Council..............................................................36
17.28.050 Limitation on map denial by the City Council.........................i..........................37
17.28.060 Filing with the Office of the County Recorder................. ....37
17.28.070 Waiver of parcel maps by the City Engineer............................; 37
..........................
17.28.080 Information to be contained on parcel maps and final maps..............................37
17.28.090 Map preparation form and content...........................................i..........................38
17.28.100 Documentation to be submitted with parcel maps and final maps.....................39
17.28.110 Soils and geologic reports ..................................................................................41
17.28.120 Bearings....................................................................................I
17.28.130 Orientation...............................................................................:..........................42
17.28.140 Standard practices.....................................................................j..........................42
17.28.150 Limit of error........................................................................... ..........................42
17.28.160 Parcel map preparation............................................................j..........................42
17.28.170 Parcel map and final map dedications..................................... ............ .............42
17.28.180 Acceptance or rejection of offers of dedication .......................�..........................42
17.28.190 Submission for certification ...............................................................................43
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Draft—September 16, 2010
Page 2 of 4
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17.28.200 Approval by the City Engineer...........................................................................43
17.28.210 Approval by the City Council.............................................................................43
17.28.220 Filing with the County Recorder........................................................................43
17.28.230 Multiple final maps.............................................................................................44
17.28.240 Composite Development Plan............................................................................44
Chapter17.32 Lot Line Adjustments.................................................................................45
17.32.010 Purpose and intent..............................................................................................45
17.32.020 Applicability.......................................................................................................45
17.32.030 Filing of lot line adjustments..............................................................................45
17.32.040 Evaluation criteria
17.32.050 Processing procedures........................................................................................46
17.32.060 Conditions of approval.......................................................................................47
17.32.070 Expiration of lot line adjustments.......................................................................47
17.32.080 Appeals...............................................................................................................47
Chapter17.36 Merger of Contiguous Parcels...................................................................47
17.36.010 Purpose...............................................................................................................47
17.36.020 When parcels may be merged.............................................................................47
17.36.030 City initiated merger.......................:...................................................................48
17.36.040 Property owner requested merger.......................................................................50
17.36.050 Effective date of merger.....................................................................................50
17.36.060 Expiration of mergers.........................................................................................50
17.36.070 Appeals...............................................................................................................51
Chapter17.40 Reversion to Acreage..................................................................................51
17.40.010 Reversion requirements......................................................................................51
17.40.020 Initiation of proceedings by owners...................................................................51
17.40.030 Initiation of proceedings by the City Council .....................................................51
17.40.040 Data for reversion to acreage..............................................................................51
17.40.050 Proceedings before the City Council..................................................................52
17.40.060 Required findings ...............................................................................................52
17.40.070 Re-filing of parcel maps.....................................................................................52
17.40.080 Return of fees and deposits, and release of securities........................................52
17.40.090 Merger and re-subdividing without reversion....................................................52
Chapter17.44 Certificate of Compliance..........................................................................53
17.44.010 Purpose...............................................................................................................53
17.44.020 Applicability.......................................................................................................53
17.44.030 Filing procedures................................................................................................53
17.44.040 Review and processing procedures ....................................................................53
17.44.050 Underground utilities..........................................................................................54
17.44.060 Drainage easements.................................................,...........................................54
17.44.070 Utilities...............................................................................................................54
Draft—September 16, 2010
Page 3 of 4
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Chater 17.48 Correction and Amendment of Map p................................17.48.010 Amendments permissible with certificate of correction or amending map........54
17.48.020 Submittal and approval of amending map by City Engineer ... .........................55
17.48.030 Certificate of Correction.....................................................................................55
17.48.040 Form and content of amendment
17.48.050 Submittal and approval of Certificate of Correction b pp y the City Engineer........55
17.48.060 Filing with the County Recorder..............................................!.........................55
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Chapter 17.52 Subdivision Design............................................................. ...... ............56.... ..... .
17.52.010 Design and improvement requirements....................................:.........................56
17.52.020 Lot requirements.......................................................................I.........................56
17.52.030 Flag lots....................................................................................i.........................56
17.52.040 Street rights-of-way..................................................................'.........................57
17.52.050 Waiver of direct access rights...................................................!.........................57
17.52.060 Dedications ........57
...............................................................................:.................
17.52.070 Street design.............................................................................:.........................57
17.52.080 Utilities..................................................................................... .........................59
17.52.090 Underground utilities................................................................:.........................59
17.52.100 Utility easements
17.52.110 Storm drainage.......................................................................... ....................60
17.52.120 Energy conservation................................................................. .........................60
Chapter17.56 Improvements ...................................................................1.........................60
17.56.010 General .....................................................................................i.........................60
17.56.020 Improvements required.............................................................i.........................61
17.56.030 Supplemental improvement capacity .......................................'..........................61
17.56.040 Deferred improvements............................................................!.........................62
17.56.050 Design of improvement plans and standards............................:.........................62
17.56.060 Subdivision improvement agreements and improvement security.....................63
17.56.070 Completion of improvements.............................................................................66
17.56.080 Dedications.........................................................................................................67
Chapter17.60 Monuments........................................................................:.........................67
17.60.010 Parcel map and final map monuments................................................................67
17.60.020 Monument construction............................................................!..........................68
17.60.030 Monument tie sheet..................................................................i..........................68
17.60.040 Monument bond..................................................................................................68
Chapter17.64 Enforcement......................................................................,..........................68
17.64.010 Purpose.....................................................................................'..........................68
17.64.020 Prohibition...........................................................................................................68
17.64.030 Remedies ..................................................................................'..........................69
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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.
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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; r
C. Land dedicated to cemetery purposes under the California Health and Safety Code;
D. Lot line adjustments between four or fewer adjacent parcels, where the land taken from
one parcel is added to an adjacent parcel, and where no new parcels are created, provided
that subject to the provisions of Section 66412(d) of the Subdivision Map Act, the lot line
adjustment is approved pursuant to Chapter 17.32 of this title.
E. Any separate assessment under California Revenue &Taxation Co de Section 2188.7;
F. The financing or leasing of any parcel of land, or any portion thereof, in conjunction with
the construction of commercial or industrial buildings on a single parcel, unless the
project is not subject to review under other City ordinances !regulating design and
improvement;
G. The financing or leasing of existing separate commercial or industrial buildings on a
single parcel;
H. The construction, financing or leasing of dwelling units pursuant to California
Government Code Section 65852.1 or second units pursuant to California Government
Code Section 65852.2; but this title shall apply to the sale or transfer, but not the leasing
of those units;
I. Leasing of agricultural land for agricultural purposes, meaning thi cultivation of food or
fiber, or the grazing or pasturing of livestock;
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J. Any other mandatory exceptions to the applicability of the Subdivision Map Act, as
provided in the Subdivision Map Act.
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Section 17.04.050 review, approval and appeal body
A. The authority for review, recommendations and approval of subdivisions and related land
actions is as f6llows:
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Table 17.04.050 Review, Approval and Appeal Body
TYPE OF REVIEW APPROVAL APPEAL
ACTION BODY BODY BODY
Tentative maps City staff& other Planning City Council
responsible agencies Commission
Vesting tentative City staff& other Planning
maps responsible agencies Commission City Council
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Type of Review Approval Appeal
Action Body Body Body
Tentative parcel City staff& other Planning City Council
maps responsible agencies Commission
Tentative map City staff&other - Director Planning
extensions responsible agencies Commission
Parcel maps (4 or City staff&other City Council Final
less lots) responsible.agencies
r- Final-maps (5 or City staff&other City Council Final
more lots responsible agencies
Waivers of parcel City staff&other City Engineer Planning
yg
maps responsible agencies Commission
Reversion to acreage City staff&other Planning
g responsible agencies Commission City Council
Lot and parcel City staff&other Planning
mergers responsible agencies Director Commission
Lot line adjustments City staff&other Director Planning
responsible agencies Commission
Certificate of City staff&other City Engineer Planning
Compliance responsible 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.
Section 17.04.060 Conformance to General Plan, specific plans, and zoning regulations
A. No land shall be divided and developed for any purpose which is not in conformity with
this title and with the Grand Terrace. General Plan, any applicable specific plan, the
Zoning Code, or regulatory ordinance of the City.
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.
17.04.07.0 Indemnification
A. The applicant for a subdivision pursuant to this chapter, and further as a condition of a
approval of a subdivision, shall:
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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, iif any, and cost of suit,
attorneys' fees and other costs liabilities and expenses incurred in connection with
such proceeding whether incurred by applicant, the City, and/or the parties
initiating or bringing such proceeding.
2. Defend, indemnify and hold harmless the City, its agents, officers, employees and
attorneys for all costs incurred in additional investigation and/or study of, or for
supplementing, preparing, redrafting, revising, or amending any document (such
as a negative declaration, EIR, specific plan or general plain amendment), if made
necessary by said proceeding and if applicant desires to pursue securing such
approvals, after initiation of such proceeding, which are conditioned on the
approval of such documents.
3. Indemnify the City for all the City's costs, fees, and damages that the City incurs
in enforcing the indemnification provisions set forth in the section.
B. In the event that a proceeding described above is brought, the City shall promptly notify
the applicant of the existence of the proceeding and the City will cooperate fully in the
defense of the proceeding. Nothing in this section shall prohibit the City from
participating in the defense of any proceeding.
C. In the event that the applicant is required to defend the City in connection with any
proceeding described in this section, the City shall retain the right to approve:
1. The counsel to so defend the City;
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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.
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Section 17.04.080 Severability
If any provision of the ordinance codified in this title or the application thereof to any person or
circumstances is held to be invalid the remainder of the ordinance and the application of such
provision to other persons or circumstances shall not be affected thereby.
Section 17.04.090 Lease projects, condominiums and community apartment projects
Provisions of this code which except or exempt a•subdivider from complying with a design,
improvement, dedication or fee requirement, or which provide for the waiver of such a
requirement because of the size of parcels resulting from a subdivision shall not be construed to
apply to lease projects, condominiums, or community apartment projects.
Section 17.04.100 Public hearing notice
Whenever a public hearing is held pursuant to this title, notice.of hearing shall be in accordance
with California Government Code Section 66451.3.
Section 17.04.110 Fees and deposits
All applicants submitting maps as required by this title shall pay all fees and/or deposits as
provided by City codes and by City Council resolutions and ordinances.,establishing applicable
fees and deposits.
Section 17.04.120 Violation; penalty
"A violation of Subdivision Map, Act shall be punishable in accordance with California
Government Code Section 66499.31, and shall be subject to the penalties specified by Map Act
Division 2, Chapter 7, Chapter 1 and/or, where applicable, shall be guilty of a misdemeanor or
infraction as specified in the Grand Terrace Municipal Code
CHAPTER 17.08 DEFINITIONS
Sections:
17.08.010 Incorporated Definitions
17.08.020 Definitions
Section 17.08.010 Incorporated definitions
Whenever any words or phrases used in this title are not defined herein but are defined in the
Subdivision Map Act or in Title 18 of the Grand Terrace Municipal Code, such definitions shall
be deemed incorporated herein and shall apply as set,forth in this title.
Section 17.08.020 Definitions.•
Throughout this title the following words phrases shall have the meanings as described in this
section.
A. "Appeal body" shall mean the advisory or legislative body with the authority to hear
appeals on applications or actions pursuant to this title.
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B. "Approval body" shall mean the advisory agency, legislative body or city staff person
with the authority to approve an application or action pursuant to this title.
C. "CEQA" shall mean the California Environmental Quality Act of 1970, as amended.
D. "City" shall mean the City of Grand Terrace
E. "City Engineer" shall mean the City Engineer of the City of Grand Terrace, or an
authorized designee.
F. "City standards" shall mean all those ordinances, standards, regulations, policies,
resolutions and procedures that the City uses to review, process, approve or inspect
applications for development, including, but not limited to, public improvements, grading
and landscaping.
G. "Community apartment project" shall mean a project in which an undivided interest in
land is coupled with the right of exclusive occupancy of any apartment located thereon.
H. "Composite development plan" shall mean a plan or plans, filed at the time of filing of a
final map, which shows the information required by Grand Terrace Municipal Code
Section 17.28.240.
I. "Condominium" shall mean an estate in real property consisting of an undivided interest
in common in a portion of a parcel of real property together with a separate interest in
space in a residential, industrial or commercial building on the real property, such as an
apartment, office or store. In addition, a condominium may include a separate interest in
other portions of such real property.
J. "Condominium conversion" shall mean the conversion or division of a single-ownership
parcel of existing improved residential real property, such as an a artment 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 io be dedicated for park
or recreational purposes; and such other specific physical requi Iements 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.
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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
L ) means other specific improvements or types of improvements, the installation of which,
either by or by a combination of, the subdivider, public agencies, private utilities, or any
other entity approved by the city, is necessary to ensure consistency with, or
implementation of, the general plan, or any applicable specific plan. Improvements shall
be constructed in accordance with standard engineering specifications, where applicable.
P. "General plan" shall mean the General Plan of the City of Grand Terrace, including all
adopted elements and maps, as it may be amended from time to time.
Q. "Government Code" shall mean the Government Code of the State. If at any time any of
the sections of the Government Code referred to in this chapter are redesignated by a new
number, such new number shall thereupon be deemed substituted for such old number
wherever the same appears in this chapter.
R. "Lot line adjustment" shall mean a boundary realignment between four or fewerexisting
} adjacent legal and/or recognized parcels, under the same or different ownership where
land taken from one (1) parcel is added to an adjacent parcel, and where a greater number
of parcels other than originally existed is not thereby created.
S. "Merger" shall mean the joining of two (2) or more contiguous parcels of land under one
ownership into one parcel.
T. "Multiple" or "phased final maps" shall mean any aggregation of final maps which are
filed on property included in a single tentative map.
U. "Parcel map" shall mean a.map which is designated to be placed on record with the office
of the San Bernardino County Recorder for any subdivision creating four(4) or fewer lots
or five (5) or more lots if the subdivision complies with the provisions of California
Government Code Section 66426 (a), (b), (c), (d) or(e).
V. "Planning Commission" shall mean the Planning Commission of the City of Grand
Terrace.
W. "Remainder" shall mean that portion of an existing parcel which is not designated on the
required map as part of the subdivision. The remainder shall not be considered as part of
the subdivision but shall be shown on the required map as part of the area surrounding the
subdivision. A remainder of five (5) acres or more need not be shown on the map and its
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location need not be indicated as a matter of survey, but only by!deed reference to the
existing boundaries of the remainder.
X. "Standard engineering specifications" shall mean the San Bernardino County Standards
and Specifications and Standard Specifications for Public Works Construction.
Y. "Stock cooperative project" shall mean a project wherein a corporation is formed or
utilized primarily for the purpose of holding title to an apartment project, if all, or
substantially all, of the shareholders of such corporation receive a right of exclusive
occupancy in a dwelling unit in the apartment project, title to !,which is held by the
corporation. The right of occupancy is transferable only concurrently with the transfer of
shares of stock in the corporation held by the person having such night of occupancy. For
the purpose of this title, "stock cooperative projects" are subject to the same restrictions
and conditions as condominium conversion projects.
Z. "Subdivider" shall mean a person, firm, corporation, partnership or association who
proposes to divide, divides or causes to be divided real property!into a subdivision for
oneself or for others. Employees and consultants of such persons or entities, acting in
such capacity, are not "subdividers".
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AA. "Subdivision" shall mean the division, by any subdivider, of any unit or units of
improved or unimproved land, or any portion thereof, shown on the latest equalized
county assessment roll as a unit or as contiguous units, for the 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 'iCalifornia 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.
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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).
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FF. "Tract map" shall mean a term that may be used as a synonym for the.term "final map".
,GG. "Vesting tentative map" shall mean a tentative map prepared in accordance with the
provisions -of this title that: shall have printed conspicuously on its face the words
"Vesting Tentative Map" at the time it is filed.
HH. "Zoning code" shall mean Title 18 of the Grand Terrace Municipal Code, including.all
text and maps, as it may be amended from time to time.
CHAPTER 17.12 MAP REQUIREMENTS
Sections:
.17.12.010 Subdivisions of four(4) or less lots
17.12.020 Subdivisions of five (5) ormore lots
17.12.030 Waiver of parcel maps by the City Engineer
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 divisions of land into four (4) or less
parcels, or four (4) or less condominiums or stock cooperative units, a community
apartment project containing four (4) or less parcels or lots or for the conversion of a
dwelling to a stock cooperative containing four (4) or less'dwelling units, except as
provided in Section 17.04.040.
Section 17.12.020 Subdivisions of five(5) or more lots
A. A tentative and final map shall be required for all divisions of land into five (5) or more
parcels or lots, five (5) or more condominium units, a community apartment project
containing five (5) or more parcels or lots or for the conversion of a dwelling to a stock
cooperative containing five (5) or more dwelling units, except as provided in Section
17.04.040 and/or Government Code Section 66426 (a) through(e).
Section 17.12.030 Waiver of parcel maps-by the City Engineer
A. The City Engineer is authorized to waive parcel maps, without City Council approval,
when the'City Engineer can make the following findings:
1. No dedications, easements, restrictions, or fee title is being granted to the City of
Grand Terrace or any public agency,as a function of the parcel map.
2. No agreements involving the City, CC&R's or maintenance entities are required
as part of the conditions of approval of the parcel map.
3. No mitigation measures are required as part'of the conditions of approval of the
parcel map.
4. Four(4) or fewer parcels are created by the parcel map.
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5. No public improvements are required as part of the subdivision.
6. It has been determined to the satisfaction of the City Engineer that sufficient
monumentation of the parcels exist so as not to justify an additional land survey.
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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.
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:
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17.16.010 General
17.16.020 Preliminary Maps
17.16.030 Compliance with the General Plan and Zoning
17.16.040 Filing application
17.16.050 Determination of application completeness
17.16.060 Tentative map review and distribution procedures
17.16.070 Map numbers
17.16.080 Information to be contained on tentative maps
17.16.090 Documentation to be submitted with tentative maps
17.16.100 Referrals
17.16.110 Staff reports and recommendations for tentative maps
17.16.120 Time frames for action on tentative maps
17.16.130 Findings for approval of tentative maps
17.16.140 Effective date of map approval
17.16.150 Appeals
17.16.160 Expiration of tentative maps
17.16.170 Extensions of time for tentative maps 1
17.16.180 Modifications of tentative maps
17.16.190. Withdrawal of tentative map
Section 17.16.010 General
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The procedures set forth in this title shall be applicable to tentative tract maps and tentative
parcel maps.
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Section 17.16.020 Preliminary Map
For every proposed subdivision the subdivider may, at his or her option, file a preliminary map
with the Department, and as many additional copies as may be required, for the-purpose of
obtaining advice on the conformity of the map with the provisions of this title and other
applicable Codes, and possible improvements in the design of the subdivision.
Section 17.16.030 Compliance with the General Plan and Zoning Code
All divisions of land pursuant to this title shall conform to those development standards set forth
in the Zoning Code for the zoning district in which the property to be divided is located at the
{tea time the application for the tentative map is deemed .complete. In accordance with Section
17.04.060, all divisions of land pursuant to this title shall also conform to the General Plan
including all maps, goals, objectives, policies and implementation measures, in effect at the time
the tentative map is deemed complete.
Section 17.16.040 filing application
Unless otherwise provided in this title, each proposed parcel, tract map or vesting parcel or tract
map shall first be submitted to the City in the form of a tentative map. Tentative maps shall be
prepared and submitted in compliance with all applicable State laws and City ordinances.
Tentative maps shall be filed with the Community and Economic Development Department.
Section_ 17.16.050 Determination of application completeness - I
A. All applications filed with the Department in compliance with this title shall be initially
reviewed for application completeness as follows:
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1. Within thirty (30) days of application submittal, the Director or designee shall
determine whether or not the application is complete. The applicant shall be
notified in writing if,specific information and/or materials are still necessary to
complete the application.
The applicant may appeal the determination in accordance with Section 17.16.150
of this title and California Government Code Section 65943 (Permit Streamlining
Act).
2. In the event an application is deemed incomplete and the applicant resubmits the
application, within thirty (30) days of application resubmittal the Department
shall determine whether or not the resubmitted application is complete. The
applicant shall be notified in writing of the determination if specific information
and or materials are still necessary to complete the application.
3. The City, at its discretion, may deem void any application that remains
incomplete 180 days from the date of the original submittal. The City shall notify
the applicant of its intention to void the stagnant application at least thirty (30)
days prior to withdrawal.
4. Any resubmittal of a voided application shall require submittal of a new
application, along with the appropriate fees; a new case number will be assigned.
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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 numbers for subdivisions shall be obtained from the San Bernar ino 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 o� State registered civil
engineer authorized to practice land surveying. The map shall consist of one (1) or more
sheets which shall all be of equal size and shall not exceed thirty-six inches (36") along
any side. The scale of the map shall be one inch (1") equals one hundred feet (100) or
larger. The Director or City Engineer may approve the use of anther scale or sheet size
not specified herein if warranted due to the size of the property. The number of copies of
tentative maps to be submitted shall be as specified in the application for tentative
subdivision maps (tract and parcel maps). Unless otherwise waived by the Director and
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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;
e. North arrow and scale of map;
f. Date map was prepared and/or revisions;
g. Registered Civil Engineer or Licensed Land Surveyor signature and seal;
h. Area of the subdivision, both as total area and as area excluding existing
right (s)-of-way(s) dedicated for public use;
i. General plan designation, existing zoning of property and proposed land
use, as well as any proposed zoning and/or general plan land use changes,
whether immediate or future;
j. Names, addresses and telephone numbers of utilities, school districts, fire
protection agencies, and cable television services serving the tract.
2. Vicinity information.
a. A vicinity or area map, located on the tentative map, at a scale of one inch
(F) equals five hundred feet (500% or as otherwise approved by the
Director showing only the existing major street pattern and major water
courses and flood control channels within one-half (%) mile of exterior
boundaries of the subdivision;
b. All boundary lines of the subdivision with approximate bearing and
distances described with any identifying tree row, dikes, or channels;
C. Existing buildings or structures identified by use, including those within
one hundred feet (100') of the tract boundary;
d. Adjoining property lines and land uses, including adjacent subdivision
map numbers, if any;
e. Average lot area of adjacent subdivisions;
f. Location of existing trees, and proposed tree removals.
3. Topographic information.
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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; I
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:
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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;
F
C. Proposed and existing street grades;
d. Centerline radii of street curves; f
e. The location and radii of the rights-of-way at all clurb returns and cul-de-
sacs;
f. The width and location of all necessary and approved off-site access from
the proposed subdivision onto the nearest public street; and
g. Street names on all existing streets within the proposed subdivision and
those within 100 feet of the proposed subdivivision. Proposed public or
private streets shall be designated as such and tho'rse 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.
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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 turnished to
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indicate that satisfactory arrangements have been made or can be made for
water supply;
b. All watercourses, storm drainage easements, utility facilities, fire hydrants,
street lights, wells, and Special Flood Hazard Areas which are subject to
inundation or storm water overflow in accordance with current Federal
Emergency Management Agency Maps;
C. Location of and size of existing overhead utilities on peripheral streets;
d. Preliminary plan of off-site drainage channel and any other drainage
devices;
e. Approximate location of all existing and proposed public and private
easements and easements to be abandoned pursuant to Section 66499.20 %z
of the State Subdivision Map Act;
f. Location and size of existing and proposed water, sewer, and storm drain
lines with their approximate slope, connection point, and elevation; and
g. Method of collection and disposal of stormwater run-off including
detention facility location and storage volume.
6. Lot information.
a. Minimum, maximum, and average lot sizes within the subdivision;
b; The location of any remainder of the original parcel shall be indicated by
deed reference to the existing record boundaries of such remainder if such
remainder has an area of five (5) acres or more; remainder parcels shall be
subject to review for design access, water and sewer availability and other
such improvements as may be necessary to protect the public health,
safety and welfare, are. necessary for orderly development, and are
consistent with the intent of this Code. Waiver of improvements may be
granted for remainder parcels where the size exceeds five (5) acre;
C. Total number of lots proposed;
d. Lot lines, dimensions, and identifying number or letter; common lots shall
be lettered lots and define use or purpose of such common lot(s);
e. If phasing is proposed, show all'phase boundaries and the number of each
phase;
f. Show the building pad, exclusive of setbacks and easements, of all lots;
and
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;
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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 r"-
served by an established mutual water.company or an establishes public utility, a letter
shall be furnished to indicate that satisfactory arrangements have been made or can be
made for water supply;
F. A description of the proposed method and plan of sewage disposal.
G. A certification by the applicant, supported by a preliminary title report (dated within sixty
(60) days of tentative.map submittal), that the.design of.the subdivision and the type of
improvements will not conflict with easements acquired by the p , lic 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 pains shall comply with
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applicable federal, state and local codes and ordinances. Building sites, as designated in
the soils report, shall be located outside of flood hazard areas;
J. The disclosure of all proposed mitigation measures recommended by any applicable
environmental document, with a statement of how measures will be incorporated within
the project;
K. A soils report, prepared by a civil or geotechnical engineer registered in the State of
California and based upon adequate test borings to adequate depths (subject to review by
the City Engineer), will be required for use in evaluating and reporting the impact that the
subdivision may have upon the environment.
l 1. The soils report shall describe the nature of the subsurface, soils and any soil
conditions which would affect the geometrics of the proposed development. The
soils report shall state whether the proposed plan is feasible and provide general
solution for all known geotechnically hazardous conditions or problems. The
report shall include the locations and logs of any test borings, percolation test
results and a hydrological evaluation of on-site sewage disposal if proposed. A
liquefaction report shall also be required in.areas of high groundwater, less than
fifty feet (50') deep, or as determined by the City Engineer. The City Engineer
may require that the soils report address all additional issues deemed pertinent by
him or her.
2. If the City Engineer has knowledge of, or the soils report indicates,'the presence
of critically expansive soils, collapsible soils or other soils problems which, if not
corrected, could possibly lead to investigation of each lot in the subdivision may
be required. Such soils investigation shall be performed by a Civil or
Geotechnical Engineer, registered in this State, who shall recommend the
corrective action which is likely to prevent,structural damage and eliminate any
hazards to each structure proposed to be constructed in the area where the soils
problems exist. The Advisory Agency may approve the subdivision or portion
thereof where these soils problems exist if it determines the recommended action
is likely to prevent structural damage to each structure to be constructed, and as a
condition to the issuance of any building permit may require that the approved
recommended action be incorporated into the construction of each structure.
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,
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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 w�th 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 17.46.110 Staff reports and recommendations for tentative maps
Any staff report or recommendation on a tentative map to the Planning Commission/City
Council shall be in writing and a copy thereof shall be made available to the subdivider or
applicant at least three (3) days prior to any hearing or action on such map by the Planning
Commission/City.Council.
Section 17.16.120 Time frames for action on.tentative maps
A. The approving authority shall hold a public hearing on the map, and upon making all
findings required in Section 17.16.130, shall approve, or conditionally approve the
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entative 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 subdivisiori is consistent with the
City of Grand Terrace General Plan and any applicable sp cific plan for the area;
3. The site is physically suitable for the type and proposed density of development
-proposed by the tentative map;
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4. The design of the subdivision and proposed-improvements are not likely to cause
significant environmental damage or substantially and avoidably injure fish or
wildlife or their habitat;
5. The design of the subdivision and the type of improvements are not likely to
cause serious public health problems;
6. The design of the subdivision provides for future passive or natural heating and
cooling opportunities in the subdivision to the extent feasible;
7. The design of the subdivision and the type of improvements will not conflict with
easements acquired by the public at large for access through or use of property
within the proposed subdivision, or the design of the alternate easements which
are substantially equivalent to those previously,acquired by the public will not be
provided;-
8. In approving the subdivision the approving authority has considered its effects
and the -effects of adopted ordinances and actions relating to the review and
approval of subdivisions on the housing needs of the region and balanced those
needs against the public service needs of its residents and available fiscal and
environmental resources.
Section 17.16.140 Effective date of map approval
All decisions of the Planning Commission granting or denying a tentative tract or tentative parcel
_ map -are subject to a ten (10) day appeal period, and shall become final'and effective on the
!�1 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 Ito 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.
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F. Unless otherwise stated herein or agreed upon by the person filing the appeal and the
applicant, appeal hearings and public meetings should be set within thirty (30) days from
the date of appeal submittal. Notice of hearing for the appeal or public meeting shall be
provided pursuant to noticing requirements of this Chapter.
G. Each appeal shall be considered de novo (new), and the Appeal Body may reverse,
modify or affirm the decision in whole or in part. In taking its action on an appeal, the
Appeal Authority shall state the basis for its action. The Appeal Body may modify, delete
or add such conditions as it deems necessary. The Appeal Body may also refer the matter
back to the original Approving Authority for further action.
Section 17.16.160 Expiration of a tentative map
A. The approval or conditional approval of a tentative map, or phases thereof, shall expire
twenty-four (24) months from the date the map was approved or conditionally approved.
Failure to cause a timely filing in accordance with Section 17.16.170 with the City within
twenty-four (24) months after approval shall terminate all proceedings, and any
subdivision of the same land shall require the filing and processing of a new tentative
map. The subdivider shall be responsible for keeping a record as to when a map will
expire.
1. Any development application that is filed and approved at the same time with a
tentative map shall be approved for a period of twenty-four' (24) months to run in
conjunction with the tentative map. The development application may only be
extended for an additional twelve (12) months, for a total approval period of
thirty-six (36) months. The approval of the development application is applicable '
whether or not a final map or parcel map is recorded.
Section 17.16.170 Extensions of time for tentative maps
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A. Not withstanding Section 17.16.160, the initial twenty-four (24) month term of tentative
maps may be extended as follows:
l. Request by subdivider. Not more than sixty (60) calendar days before the
expiration of the tentative map, the subdivider may apply for an extension of time
not to exceed twelve (12) months. The subdivider shall file with the Director a
completed application form, pay all applicable fees, and submit the required
number of copies of the tentative map and all supporting materials and documents
required on the City's official application form, including but not limited to,
environmental analysis pursuant to CEQA.
2. Upon application by the subdivider prior to the expiration of an approved
tentative map, the City may additionally approve the tentative map for a period or
periods not to exceed six (6) years. Each extension shall not exceed twelve (12)
months, and the City may impose additional conditions!of approval related to
public health, safety and welfare.
3. If a subdivider is required to expend the amount specified in California
Government Code Section 66452.6 to construct, improve, or finance the
construction or improvement of public improvements; outside the property
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boundaries of the tentative map, excluding improvements of public rights of way
which abut the boundary of the property to be subdivided and which are
reasonable related to the development of that property, each filing of a final map
authorized by California Government Code Section 66456.1 shall extend the
expiration of the approved or conditionally tentative map by thirty-six (36)
months from the date of its expiration or the date of a previously-filed final map,
whichever is later. The extensions shall.not extend the term of the tentative map
more than ten (10) years from its date of original approval.
4. The subdivider, or any interested party adversely affected, may appeal any action
of the Director related to the extension of a map to the Planning Commission in
accordance with the procedures set forth in Section 17.16.150 of this chapter.
Such appeals shall be filed within ten (10) days of final action by the Director. If
the Planning Commission fails to act within the time limits set forth in Section
17.16.150 the extension shall be deemed to be approved, conditionally approved,
or denied as originally approved by the Planning Commission, insofar as the
approved map complies with all other applicable provisions of the Subdivision
Map Act, this title and the City's General Plan.
Section 17.16.180 Modifications of tentative maps
A. Tentative maps and/or their conditions of approval may be amended upon application by
the subdivider or, with consent of the subdivider by action initiated by the Director,
pursuant to this section. The applicant shall file a letter with the Director requesting that
a determination be made regarding the project. The City shall respond within thirty (30)
days with its decision.
B. Minor modifications may be processed administratively without notice or public hearing,
provided that the proposed changes are consistent with the intent of the original map
approval, do not affect off-site properties, and there are no resulting violations of this title
or the Zoning Code. The following modifications are considered minor:
1. Modifications to less than ten percent (10%) of the total number of lots in the
subdivision, provided that there is no increase or decrease in the total number of
lots within the subdivision.
2. Modifications to the horizontal alignment of two (2) feet or less, or vertical
alignment of two (2) feet or less, of any cul-de-sac, local or collector roadway
when such modification does not affect off-site property.
3. Any other changes, which in the opinion of the Director and/or City Engineer do
not involve substantial changes to the map or the conditions of approval which do
not affect off-site property.
C. Any other amendment or modification of an approved or conditionally approved map
shall be processed as a revised map, following procedures set forth in this chapter for
tentative map approval, except that such modification approval shall not alter the original
expiration date of the tentative map.
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Section 17.16.190 Withdrawal of tentative map
Any subdivider wishing to withdraw a tentative.map at any time prior to action thereon by the
Planning Commission or City Council shall do so in,writing. If such request for withdrawal is
made prior to distribution of the map to the City departments and affected agencies, the filing
fee,•less incurred staff costs shall be refunded to the subdivider.
CHAPTER 17.20 VESTING TENTATIVE MAPS
Sections:
17.20.010 Purpose
17.20.020 Applicability
17.20.030 Filing and processing of tentative maps
17.20.040 Application materials
17.20.050 Development rights
17.20.060 Mandatory findings for denial
17.20.070 Effective date of map approval
17.20.080 Expiration of'a vesting tentative map
17.20.090 Term of vesting tentative map
17.20.100 Modifications to vesting tentative maps
17.20.110 Expiration of vesting development rights
Section 17.20.010 Purpose
The purpose of this chapter is to establish procedures for the review, approval and administration r
of vesting tentative maps in accordance with the authority granted by California Government
Code Section 66498.1 et seq.
Section 17.20.020Applicability
Whenever this title requires the filing of. a tentative map or tentative parcel map, a vesting
tentative map may instead be filed in accordance with the provisions of this chapter.
Section 17.20.030 Filing and processing of vesting tentative maps
A vesting tentative map shall be filed in the same form, shall have the same content,
accompanying data and reports and shall be processed in the same manner described for tentative
maps in.Chapter 17.16, except as described in this chapter.
Section 17.20.040 Application materials
A. At the time a vesting tentative map is filed, it shall have printed conspicuously on its face
the words "Vesting Tentative Map". The application shall be submitted in accordance
with Sections 17:16.080 and 17.16.090 and accompanied by the following additional
Materials:
1. A map showing division of the land for the sale of individual property, if any;
2. Proposed off-street parking, including the location, number of stalls, dimensions,
and circulation pattern;
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3. Lot dimensions and all recorded easements;
4. Locations and dimensions of proposed bicycle, pedestrian, and/or equestrian
paths;
5. Details on the height, size, and location of proposed buildings;
6. Architectural elevations, schematic plans, and materials board for proposed
building(s);
7. Areas proposed to be dedicated or reserved, for parks; parkways, playgrounds,
l } 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.
2. The condition(s) or denial is required in order to comply with State or Federal
law.
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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 ad 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
E
A Vesting Tentative Map shall be approved by the City of Grand Terrace only if the City makes
all of the findings listed in Sectionl7.16.130.
Section 17.20.070 Effective date of map approval
The effective date of a Vesting Tentative Map shall be in accordance with Section 17.16.040 of
this Title.
Section 17.20.080 Expiration of a vesting tentative map
The'approval or conditional approval of a vesting tentative map, or phases thereof, shall expire
twenty-four(24) months from the date the map was approved or conditionally approved. Failure
to cause a timely filing for an extension in accordance with Section 1.1 .16.170 with the City
within twenty-four (24) months after approval shall terminate all proceedings, and any
subdivision of the same land shall require the filing and processing of a new vesting tentative
map. The subdivider shall be responsible for keeping a record as to when a map will expire.
Section 17.20.090 Term of vesting tentative map
A. Not withstanding Section 17.16.180, the initial twenty-four (24) month term of tentative
maps may be extended as follows:
1. Request by subdivider. Not more than sixty (60) calendar days before the
expiration of the tentative map, the subdivider may apply for an extension of time
not to exceed twelve (12) months. The subdivider shall file with the Director a
completed application form, pay all applicable fees, and submit the required
number of copies of the tentative map and all supporting materials and documents
required on the City's official application form, including but not limited to,
environmental analysis pursuant to CEQA.
2. The approval authority may additionally approve a maximum of five (5) one-year
time extensions, each extension not to exceed twelve (12) months, but may not
impose additional conditions of approval.
3. If a subdivider is required to expend the amount specified in California
Government Code Section 66452.6 to construct, improve, or finance the
construction or improvement of public improvements outside the property
boundaries of the tentative map, excluding improvements) of public rights of way
which abut the boundary of- the property to be subdivided and which are
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reasonable related to the development of that property, each filing of a final map
authorized by California Government Code Section 66456.1 shall extend the
expiration of the approved or conditionally tentative map by thirty-six (36)
months from the date of its expiration or the date of a previously-filed final map,
whichever is later. The extensions.shall not extend the term of the tentative map
more than ten(10) years from its date of original approval.
4. The subdivider, or any interested party adversely affected, may appeal any action
of the Director related to the extension of a map to the Planning Commission in
accordance with the procedures set forth in Section 17.16.150 of this chapter.
S Such appeals shall be filed within ten(10) days of final action by the Director. If
the Planning Commission fails to act within the time limits set forth in Section
17.16.150 the extension shall be deemed to be approved, conditionally approved,
or denied as originally approved by the Planning Commission, insofar as the
approved map complies with all other applicable provisions of the Subdivision
Map Act, this title and the City's General Plan.
B. If a final map is approved prior,to the expiration of the Vesting Tentative Map, the
tentative map vesting rights for the final map area shall last for the periods listed below:
1. An initial time period of one (1) year following recordation of the final tract map.
Where several final tract maps are recorded on phases of a project covered by a
single vesting tentative map, the-one (1) year time period for each final tract map
shall begin on the date of recordation of that final tract map.
2. The initial time period set forth in the above paragraph shall be automatically
extended by any time used by the City for processing a complete application for a
grading permit or for design or architectural review, if such .processing exceeds
thirty (30) days, provided however, that such extension shall only be for the
number of days in excess of thirty(30) days.
3. If, during the two (2) year period following approval of a final tract map or parcel
map, the City receives a complete application for'a building permit .and the
subdivider has satisfied all requirements for the issuance of a building permit, the
right to proceed with development in accordance with the tentative map shall
continue until the expiration of the building permit.
Section 17.20.100 , Modifications to vesting tentative maps
If the ordinances, policies and standards described in Government Code Section 66498.1 are
changed at any time prior to the expiration of a vesting tentative map, the subdivider, his or her
successor, or his or her assignee, may apply for a modification to such map. A public hearing
shall be held by the Planning Commission on any application involving a modification to the
Vesting Tentative Map or by the development related thereto, following procedures set forth for
the modification of tentative maps in Section 17.16.080. Approval of a modification to a Vesting
Tentative Map or development related thereto, shall be evaluated for compliance with the City
regulations, standards, and policies in effect at the time the request for modification is deemed
complete.
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Section 17.20.110 Expiration of vested rights
A. The rights referred to herein shall expire if a final map is not filed fora approval prior to
pp
the expiration of the Vesting Tentative Map as provided in Section' 17.20.090. If the final
map is approved, these rights shall last for the following periods of time beyond the
recording of the final map:
1. An initial time period of one (1) year. Where several final maps are recorded on
various phases of a project covered by a single vesting tentative tract map, this
initial time period shall begin for each phase when the final map for that phase is
recorded;
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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,pr any extension of that
permit.
CHAPTER 17.24 COMMON INTEREST DEVELOPMENT CONVERSIONS
Sections:
17.24.010 Applicability
17.24.020 Development review required
17.24.030 Physical standards for condominium conversions j
17.24.040 Tenant provisions
17.24.050 Notice to new tenants
17.24.060 Effect of conversion on the City's very low, low and moderate income
housing supply
17.24.070 Findings
Section 17.24.010 Applicability
This chapter shall apply to all conversions of existing residential real property to condominium,
community apartments, or stock cooperative projects or any other form of ownership except
conversion projects which a final or parcel map has been approved by the City Council prior to
the effective date of this chapter, or where the conversion involved a limited equity housing
cooperative as defined in California Health & Safety Code Section 33007.5. All provisions,
conditions, and further definitions of condominium development as approved included in the
California Civil Code shall apply to the divisions of real property as permitted herein.
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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,
t parking facilities and appliances.
Regarding each such element, the report shall state, to the best knowledge or
estimate of the applicant, when such element was built; the condition of each
element; the cost of replacing said element; and any variation or non-compliance
of said element from the Zoning Code in effect at the time the application is filed
with the City and Building Code in effect on the date the last building permit was
issued for the subject structure. The report shall identify any defective or unsafe
elements and set forth the proposed corrective measures to be employed.
2. A report from a licensed structural pest control operator, approved by the City, on
each structure and each unit within the structure.
3. A report on soil and geological conditions regarding soil deposits, rock
formations, faults, groundwater, and landslides in the vicinity of the project and a
statement, regarding any known evidence of soil problems relating to the
- structures. Reference shall be made to any previous soils reports for the site and a
copy submitted with said report.
4. A statement of repairs and improvements to .be made by the subdivider necessary
to refurbish and restore the project to achieve a level of appearance and safety
consistent applicable `codes and ordinances,- as specified in division (a) of this
section.
5. A Declaration of Covenants, Conditions and Restrictions in draft or outline form
which would be applied to any and all owners of condominium units within the
project. The Declaration shall include, but not be limited to: the conveyance of
units; the assignment of parking; an agreement for common area maintenance,
including facilities and landscaping, together with an. estimate of any initial
assessment fees anticipated for such maintenance; description of a provision for
maintenance of all utility lines and services for each unit; and a plan for equitable
sharing of communal water metering.
6. Specific information concerning the demographic characteristics of the project,
including but not limited to the following:
a. Square footage and number of rooms in each unit;
b. Rental rate history for each unit for previous five (5) years;
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C. Monthly vacancy rate for each month during preceding two (2)years,
d. Makeup of existing tenants households, including. family size, length of
residence, age of tenants, and whether receiving Federal or State rent
subsidies;
e. Proposed'sale price of each unit;
f. Proposed.Homeowners' Association fee;
g. Financing available; and -
h. Names and addresses of all tenants.
When the subdivider can demonstrate that such information is not available, this
requirement may be modified by the Director.
7. Signed copies from each tenant of Notice of Intent to' Convert, as specified
in Section 17.24.040. The subdivider shall submit evidence that a letter of
notification was sent to each tenant for whom a signed copy of said notice is not
submitted. This requirement shall be deemed satisfied i such notices comply
with legal requirements for service by mail.
8. Any other information which, in the opinion of the Director will assist in
determining whether the proposed project will be consistent with the purposes of
this chapter.
9. Submittal of budget. The subdivider shall provide the ity with a copy of the
proposed budget for maintenance and operation of common facilities, including
needed reserves, with the tentative map application. The
budget shall show
estimated monthly costs to the owner of each unit, projected over a five (5) year
period, or such time as is required by the Department of Real Estate. Such budget
shall be prepared or reviewed and approved by a professional management firm
experienced with management of condominium complexes. The management
firm shall submit a statement of professional qualifications
10. Copy to buyers. The developer shall provide each purchaser with a copy of all
submittals (in their final acceptable form) required by divions 1, 2, 3, 4, 5, 6 and
7 above, prior to said purchaser executing any purchase agreement or other
contract to purchase a unit within the project, and the developer shall give the
purchaser sufficient time to review. said information. Copies of the submittals
shall be made available at all times 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 toy the Community and
Economic Development Department:
a. Name, address and phone number of Homeowner's Association;
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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
rr persons until the conclusion of the conversion process. The report shall be referenced in
the subdivision report to the Planning Commission.
Section 17.24.030 Physical standards for condominium conversions
A. Adequate physical condition. To achieve the purpose of this chapter, the Planning
Commission 'shall require that all condominium conversions conform to the Grand
Terrace Zoning Code, in effect at the time of tentative map approval except as otherwise
provided in this chapter. In making the determination that the project is in conformance
with the Municipal Code, the following will be required.
1. Prior to scheduling the tentative map for a public hearing, an inspection shall be
conducted by the Building and Safety and Community and Economic
Development Departments to determine project-wide conformance with the
Grand Terrace Zoning Code and other applicable chapters of the Municipal
Code. A report of any violations shall be included in the staff report to the
Planning Commission. The subdivider shall be responsible for the payment of
any fees related to the inspection of the project.
2. Prior to the approval of the final map, a physical i-inspection of the project site,
including each individual unit, shall be made by the _City of Grand Terrace
Building and Safety Department and Community and Economic Development
Department. Such 'inspection shall.be made to ensure', compliance with all
applicable conditions of approval as specified in the tentative map and conditional
use permit approval. All such corrections shall be made prior to the approval of
the final or parcel map. The 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.
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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.
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a. Shock mounting mechanical equipment. All permanent mechanical
equipment such as motors, compressors, pumps, and compactors which is
determined by the City to be a source of structural vibration or structure
borne noise shall be shock mounted with inertial or;bases and/or vibration
isolators in a manner approved by the Building Official.
b. Noise standards. The structure shall conform to all interior and exterior
sound transmission standards of the Uniform Building Code (UBC). In
such cases where present standards cannot reasonable be met, the Planning
Commission may require the applicant to notify potential buyers of the
noise deficiency currently existing within these units.
6. Utility metering. Each dwelling unit shall be separately 'metered for water, gas,
and electricity, and each unit shall have a separate lateral connection to a trunk
sanitary sewer. Alternatively, a plan for equitable sharing of these utilities shall
be developed prior to final map approval and included in the Covenants,
Conditions and Restrictions.
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. j 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.
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10. Condition of equipment and appliance. The developer shall provide,a warranty to
the buyer of each unit at the close of escrow, that any dishwashers, garbage
disposals, stoves, refrigerators, hot water tanks and air conditioners that are
provided have a useful life of at least one (1)'year. At such time as the developer
relinquishes control over management of the development, pursuant to the
Covenants, Conditions and Restrictions, the developer shall provide a-warranty to
the Association that any pool and pool equipment (filter, pumps, chlorinator) and
any appliances and. mechanic equipment to be owned in common by the
Association have a useful life of one (1) year. Prior to final map approval, the
developer shall provide the City with a copy of Warranty Insurance covering
` equipment and appliances pursuant to this subsection.
11. Refurbishing and restoration. All main buildings, structures, fences, patio
enclosures, carports, accessory buildings, sidewalks, driveways, landscape areas,
and additional, elements as required by the Community and Economic
Development Department shall be refurbished and restored as necessary to
achieve, a degree of appearance, quality and 'safety consistent with applicable
standards. The developer shall provide to the Homeowners' Association and/or
purchaser a one (1) year warranty on all physical improvements required under
this subparagraph. If substantial restoration is required, the design plans shall be
subject to Commission approval.
12. Long term reserves. Prior to approval of the final map, the developer shall
provide satisfactory evidence to the City that a long-term reserve fund for
- replacement and repair has been established in the name of the Homeowners'
Association. Such fund,shall equal at least two (2) times 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.l(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.
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C. Notice of final map approval. As provided in California Government Code Section
66427.1(a), each tenant shall receive written notification within ten (10) days of approval
of a final map for the proposed conversion. The written notices to tenants required by
this chapter shall be deemed satisfied if such notices comply with the legal requirements
for service by mail.
D. Tenant's right to purchase. As provided in California Government Code Section
66427.1(a), any present tenant shall be given notice of an exclusive right to contract for
purchase of his or her respective unit and upon the same terms and conditions that such
unit will be initially offered to the general public or terms more favorable to the tenant.
The right shall run for a period of not less than ninety(90) days from the date of issuance
of the subdivision public report unless the tenant gives prior written notice of his or her
intention not to exercise the right. Evidence of receipt by each tenant shall be submitted
prior to approval of the final map. The written notices to tenants required by this section
shall be deemed satisfied if such notices comply with the legal requirements for service
by mail.
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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
proj ects.
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.
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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.4 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.
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(Signature of owner's agent)
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(Dated)
I have received notice on (Date)
Prospective tenant or tenant's signature(s)
Section 17.24.060 Effect of conversion on the City's extremely low, very low, low and
moderate income housing supply
A. In order to,reduce the effect of conversions on the City's housing supply and to minimize
the displacement of tenants, the number of conversions shall be limited to no more than
five (5)percent of the City's potentially convertible rental stock in any one calendar year.-
B. Conversion applications will be processed in the order that submitted applications are
deemed completed. A proposed project that is larger than the permitted number of units
in a given year, if approved, will be considered to have.used the permitted number for as
many future years as-necessary.
C. The potentially convertible rental stock will be defined as follows: the number of rental
units in buildings of three or more units, as determined by the most recent United States
census, plus any new rental units constructed since-the census, minus any units which
have been demolished or which have received tentative map approval to convert since the
census.
D. Once the yearly limit has been reached, a project may be approved for conversion only if
the Planning Commission makes one or more of the following findings:
1. The developer will provide for an increase in housing for extremely low to
moderate income households in the City. This may include construction of new
rental housing units; purchasing-of covenants; or donation of an acceptable site or
acceptable amount of funds to the City for construction of new comparable rental
housing.
2. The need and demand for low cost-home ownership to be provided for by this
project will outweigh the detrimental effects caused by further reduction of the
rental stock of low to,moderate income housing.
Section 17.24.070 Findings
A. Prior to approval of the tentative map' and development application, the Planning
Commission shall hold a public hearing. Notice- of the hearing shall be given in
accordance with California Government Code Section 65090. A copy of any staff report
shall be served by the developer on-each tenant of the subject property at least three (3)
days prior to the hearing, either by personal service or by posting the report on the front
door of the unit and mailing it to the tenant. The Planning Commission shall not approve
a tentative map for conversion of apartment units unless the Planning Commission finds
that:
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1. The findings contained in Section 66427.1(a) of the California Government Code
have been met. !
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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 Plan including the
Housing Element, and with any applicable Specific Plan;
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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 f 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;
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6. The proposed project will not convert, during the current calendar year, more than
five percent (5%) of the potentially convertible rental units in Grand Terrace for
the current calendar year except as otherwise provided in this chapter;
7. 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. 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.
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CHAPTER 17.28 FINAL MAPS AND PARCEL MAPS !
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Sections: I
17.28.010 General j
17.28.020 Submittal to and review by the City Engineer
17.28.030 Complete and timely final map filing with the City[Engineer
17.28.040 Final map approval by the City Council
17.28.050 Limitation on map denial by the City Council 1
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 j
17.28.140 Standard practices
17.28.150 Limit of error
17.28.160 Parcel map preparation !
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17.28.170 Parcel map and final map dedications
17.28.180 Acceptance or rejection of offers of dedication
17.28.190 Submission for certification
17.28.200 Approval by the City Engineer
17.28.210 Approval by the City Council
17.28.220 Filing with the County Recorder
17.28.230 Multiple final maps
17.28.240 Composite Development Plan
Section 17.28.010 General
The form, contents, accompanying data, and filing of the final tract map or parcel map shall
conform to the provisions of the Subdivision Map Act, this title and applicable standards
imposed by the County of San Bernardino for maps filed with the office of the County Recorder.
The final tract map or parcel map and any accompanying data or additional information shall be
prepared by or under the direction of a registered civil engineer or licensed land surveyor
authorized to practice in the State of California.
Section 17.28.020 Submittal to and review by the City Engineer.
A. Final and parcel map submittal and review procedures shall be pursuant to this chapter
and applicable City standards. The City Engineer shall review all final and parcel map
submittals for conformance with the provisions of this title and may deem them
incomplete and return.all or portions of a submittal for reasons which include, but are not
limited to, the following: incomplete submittal or filing; untimely submittal or filing;
non-conformance with the tentative map; non-conformance with the conditions of
'-1 approval applied to the tentative map; non-conformance with this title; non-conformance
with City standards; errors on the final tract map or parcel map, on any accompanying
data, or on any additional information, or omissions on the final tract or parcel map, on
any accompanying data, or on any additional information.
1. The City Engineer shall forward the final map or parcel map to the Community
and Economic Development,_Department for review. The Community and
Economic Development Department's review shall be limited to determining that
the final map• or parcel map is in substantial compliance with the approved
tentative map or tentative parcel map, and compliance with applicable planning
conditions of approval.
Section 17.28.030 Complete and timely final map filing with the City Engineer
A. The. City Engineer shall determine that a complete and timely final map or parcel map
filing has been made if he or she determines that, at a minimum, the following items have
been received,prior to the expiration of the tentative map:
1. Improvement plans approved by the City Engineer;
2. Complete. and accepted public improvements or 'acceptable subdivision
improvement agreement(s) and securities;
3. Proof of payment of all applicable fees;
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4. Will serve letters from all applicable utilities and agencies;
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 t�eir 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 app oval 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 (Ve
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hsting 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 ouncil
A. The date the final map or parcel map shall be deemed filed with te 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 i provement 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 whic I 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 conditio requiring construction
or installation of off-site improvements on land which neither the subdivider nor the City
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Page 36 of 70
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 map.
Section 17.28.060 Filing with the Office of,the County Recorder
A. Upon approval of the final map or parcel map and subdivision improvement agreement
by the City Council, the City Clerk shall execute the appropriate statement.on the
statement sheet, subject to the provisions of California Government Code Section 66464,
transmit the map, or cause the City Engineer to transmit the map to the County of San
Bernardino Recorder's office for filing. The final map or parcel map and any separate
documents (if required) shall be filed concurrently.
B. If, for any cause of the subdivider, the final or parcel map is not recorded by the San
Bernardino County Recorder's office the map will be subject to the provisions of
California Government Code Section 66466(b).
Section 17.28.070 ' Waiver of parcel maps by the City Engineer
A. The City Engineer is authorized to waive parcel maps with the County, without City
Council approval, when the City Engineer can make the findings listed in Section
17.12.030.
Section 17.28.080 Information to be contained on parcel maps and final maps
The provisions of this section shall govern the content and form of final and parcel maps.
A. Map scale. The scale of the map shall be large enough to show details clearly, but in no
case shall be less than one inch (F) equals one hundred feet (100'). A sufficient number
f o 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 (I") equals one hundred feet (100% as dictated by parcel size, may
be approved by the City Engineer. A graphical scale not less than three inches (3") in
length shall be shown in addition to the numerical scale.
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.
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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 mode than two (2) sheets
.exclusive of the title sheet, a key map at a scale of one inch (1") equals five hundred feet
(500') with lot lines showing the relation of the sheets shall be laced 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 I I ap or parcel map.
F. Engineer's certificate. The certificate of the engineer or surve 'or responsible for the
g g Y p
survey and the parcel map or final map containing the information required by California
Government Code SectionSection 66441 and 66449(a), shall app ar 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 ilines 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�ny lot which are cut by
an easement shall be so shown as to indicate clearly the actual lengthn of the lot or parcel
lines. No ditto marks shall be used. No lot in a subdivision shall be divided b the
boundary line of a city, county, or special district. The area of all.lots or parcels to be the
nearest one-hundredth (1/100) of an acre if lots or parcels are over one (1) acre shall be
shown.
B. Street location and names. Location and names, without abbrevia ions, 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 easeme ,ts which are to remain
after recordation and which are not within streets in the subdivision shall be shown by
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Page 38 of 70.
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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 %2 shall be placed
on the title sheet.
E. Labeling. On lots or parcels, the widths'of easements, the lengths or bearings of the lines
thereof, and sufficient ties to locate the easement shall be clearly labeled and identified
on the final map or parcel map. Regardless of lot size, a statement as to the easements of
record shall appear on the title:sheet.
F. Monuments. All monuments required by,the Subdivision Map Act and pursuant to City
of Grand Terrace standards shall be fully and clearly shown and identified tified as such on the
parcel map or final 'map•together with sufficient information so that an engineer or
surveyor could readily locate each monument.
G. Established lines. Whenever the City Engineer has established a centerline of a street or
alley, the data shall be considered in making the surveys and in preparing the parcel map
or the final map. All monuments found shall be indicated and proper references made to
field notes or maps of public record relating to the monuments. If the points were reset
by ties, that fact shall be stated.
H. City boundaries. City boundaries crossing or adjoining the subdivision shall be properly
designated upon the parcel map or final map and shall be properly tied to the survey data.
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,
� C provided that, where the subdivision is a continuation of or an addition to an existing
subdivision, the lot number shall commence with the number immediately following the
last or highest lot number, of such existing subdivision and 'in all other respects shall
conform with the preceding requirements. The last lot number shall be circle. All other
areas, other than streets and alleys, which are to be offered in whole for dedication on the
map or subsequent.to recordation of the map and which do not meet zoning requirements
as to size and shape, are to be designated as "parcels" and consecutively lettered. The
purpose for each such parcel shall be so stated upon the parcel map or`final map.
Section 17.28.100 Documentation to be submitted with parcel maps and final•maps
When a parcel map for final map is submitted-to the City Engineer, it shall.be accompanied by
each of the documents in this section.
A. Improvement plans. Improvement plans and specifications required by-this chapter,
together with such calculations and additional information will assist the City Engineer to
properly check the improvement plans and specifications, shall be submitted with the
parcel map or final map. The form and number of sets of such improvement plans and
specifications submitted shall be as specified by the City Engineer.
B. Improvement agreements. All agreements and improvement securities required by the
Subdivision Map Act or this chapter shall be submitted prior to the parcel map or final
map being approved by the City Council.
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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.
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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).
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E. Deeds. Whenever land, easements, or rights-of-way are to be dedicated for public use or
whenever access to land, easements, or rights-of-way are to be submitted to public
agencies, all such land, easements, or rights-of —way not dedicated or granted by the
owner's certificate on the parcel map or final map shall be submitted prior to the City's
approval of the parcel map or final map.
F. Off-site easements. Written evidence, acceptable to the City Engineer, of rights-of-entry
or permanent easements on or across private property not j within the proposed
subdivision, as may be necessary to allow performance of the wo ik 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 iprovided 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 withl 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 ishall be submitted with
the parcel map or final map except as otherwise provided in California Government
Code Section 66462.5.
if
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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.
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 allzrights-
_� of-access to and from residential lots of the proposed subdivision abutting on controlled
access roads shall be offered free and clear of any prior easements or rights-of-way for
dedication to the City unless when otherwise determined to be infeasible by the City
Engineer. The rights-of-access to and from lots or parcels abutting on controlled access
roads and streets or public rights-of-way shall be such that owners of such lots.shall have
no rights whatsoever in such roads,-except in the general right of travel which belongs to
the whole public. : '
L. Private street easements. Easements allowing applicable governmental agencies which
provide for the public safety, health, and welfare, access on all private streets, or lanes
serving as access for more than two (2) lots, shall be'offered for dedication to the City not
later than the time the parcel map or final map is filed for approval.
M. Other easements. All other easements for public use required as a.condition for approval
of the tentative map for the proposed subdivision shall be offered for dedication to the
% City or other appropriate agency not later than the time the parcel map or final-map is
filed for approval.
N. Consent certificate. A certificate signed and acknowledged by all parties having record
title interest in,the real property subdivided, consenting to the preparation and recordation
of the final map, subject to the exceptions provided in. California Government
Code Section 66436, is required unless other record title interests made,by separate
instrument are recorded concurrently with the final map or parcel map. When land is
divided into four (4) or fewer parcels, where dedication or offers of dedication are not
required, the certificate shall be signed and acknowledged by the subdivider only.
However, where a subdivider does not have a record title, ownership interest in the
property to be divided, the subdivider shall provide the City Engineer with satisfactory
evidence that the persons with record title ownership have consented to the proposed
subdivision, pursuant-to California Government Code Section 66445(e), (f).
Section 17.28.110 Soils and geologic reports
A certificate signed by the engineer that prepared the soils report and by the engineering
geologist that prepared the geologic report shall be required. The certificate shall indicate the
date or dates of all geologic reports known by the geologist prepared specifically for the
subdivision and indicate that the report, or reports, are on file for public inspection in the
Building and Safety Department of the City.
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Section 17.28.120 Bearings
The basis of bearings referred to on the parcel map or final map shall be a line defined by two (2)
found monuments shown on the same record shall be clearly delineated or identified on the map.
At-least one (1) exterior boundary line.shall be monumented prior to recording the final map.
Other monuments shall be set as required by the City Engineer.
Section 17.28.130 Orientation
Each sheet of the parcel map or final map and lettering thereon shall be so oriented that the north
point shall be directed toward the,top of the sheet or toward the left of the;sheet. The direction of
the top of the sheet shall be determined by the orientation of the title-block information required
pursuant to Section 17.28.080.E.
Section 17.28.140 Standard practices
All surveys and all drafting in connection with the preparation of tentative parcel maps, parcel
maps, tentative tract maps, vesting tentative tract maps, final maps and improvement plans to be
submitted pursuant to this chapter shall be done in accordance with,the standard practices and
principles of drafting and land surveying as acceptable to the City Engineer.
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 limes 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 rejekcted and terminated as
provided by California Government Code Section 66477.1 and 66477.2.
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Section 17.28.190 , Submission for certification
Parcel maps and final maps being submitted for approval shall be first submitted to the City
Engineer who shall examine the parcel map or final map and determine whether it is technically
correct and is in full compliance with the Subdivision Map Act and this chapter and is in
substantial compliance with the approved tentative map. If the City Engineer is satisfied as to
these matters, he or she shall sign a certificate so stating. If the City Engineer is not satisfied as
to these matters, he or she shall return the parcel map or final map to the subdivider and inform
the subdivider of the deficiencies, which have been noted. The number of copies of a.final map
or parcel map to be submitted shall be as specified by the City Engineer. Prior to the execution
t( ; of the City Engineer's certificate pursuant to this section, the subdivider shall pay all required
checking fees as established by City Council resolution.
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.
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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 Directof and City Engineer to
constitute a logical and orderly development of the whole subdivision by phases and each phase
shall be functionally self-sufficient.
Section 17.28.240 Composite Development Plan
A. The Planning Commission may require the filing of additional information in the form of
a composite development plan (CDP), as part of the filing of a final or parcel map.
B. The content and form of composite development plans shall be governed by the
provisions of this section and composite development plan standards established by the
City Engineer. The composite development plan shall be prepared under the direction of
a registered civil engineer or land surveyor and shall be in the form of an additional sheet
or sheets adequately representing the streets,boundaries and lots or parcels of the final or
parcel map to which it is attached and shall include the following provisions.
1. All composite development plan sheets shall be prominently labeled, with the
words "COMPOSITE DEVELOPMENT PLAN," and immediately below that
shall be prominently labeled the words "For Informational Purposes Only."
2. The plan shall contain a section titled"Composite Development Plan Notes." This
section shall list any conditions or mitigation measures stipulated in ,the project
approval for the development of the subject property. Any explanatory notes
related to criteria delineated on the map shall also be listed within this section. In
addition, any related reports regarding development criteria shall be listed,
including the following information: title and date of report; name and credentials
of person or firm preparing report; and, the location where'the reports are on file.
The plan shall delineate and note, at a minimum, the following information:
general zoning and land use information• (e.g., building setback lines and
restricted use areas); geological and seismic information (e.g., fault zones, setback
lines, and special foundation and restriction areas); grading information (e.g., top
and toe of slope, slope heights and steepness and restriction areas); flood hazard
and flood control information (e.g., flood hazard areas land depths and flood
control facilities); access limitations; and all easements and ground leases, with
record data, not plotted elsewhere on the final or parcel map. In addition, the City
Engineer, in consultation with the Director of Planning, may require that
additional information be shown on the CDP, including but not limited to:
incorporation of any special map requirements; and enviIronmental information
(e.g., wetland areas, ecologically sensitive areas, and areas restricted from
development). The following statement shall be prominently displayed on each
map sheet:
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COMPOSITE DEVELOPMENT PLAN
NOTES ON THIS PLAN ARE FOR INFORMATIONAL PURPOSES, TO INDICATE
CONDITIONS AND CRITERIA THAT EXIST ON THIS PROPERTY THAT WERE KNOWN
AND IDENTIFIED AS OF THE DATE THIS PLAN,WAS FILED. THIS INFORMATION IS
DERIVED FROM PUBLIC RECORDS OR REPORTS AND IS NOT 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
t J composite development plan, then the applicant shall file with the City Engineer a
corrected copy of the composite development plan.- The City Engineer is authorized to
approve amended composite development plans when they do not adversely impact the
conditions of approval and the amendment is, in substantial compliance with the
conditions of approval of the tentative or parcel map.
CHAPTER 17.32 LOT LINE ADJUSTMENTS
Sections:
Section 17.32.010 Purpose and intent
Section 17.32.020 Applicability
Section 17.32.030 Filing of lot line adjustments
Section 17.32.040 Evaluation criteria
Section 17.32.050 Processing procedures
Section 17.32.060 Conditions of approval
Section 17.32.070 Expiration of lot line adjustments
Section 17.32.080 Appeals
Section 17.32.010 Purpose and intent
This chapter establishes procedures for adjusting,the boundary lines between four (4) or fewer
existing parcels.
Section 17.32.020 Applicability
Lot line adjustment maybe 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,
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C. The adjustment does not impair any existing access or create a need for access to any
adjacent lots or parcels; i
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 Colde 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; j
5. A plot plan or record of survey map showing the location of the old and new lot
lines;
6. Any other information determined to be necessary for review of the proposed
work; and
7. Required fee(s).
B. The City, shall determine the completeness of the application within thirty (30) days of
its submittal. Once the application has been determined complete, the Director shall
distribute the lot line adjustment request for review and comment to other appropriate
departments or agencies.
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C. Within thirty (30) days of a determination that the application is' complete, the Director
shall either approve the lot line adjustment, approve with conditions, or deny the lot line
adjustment and forward the lot line adjustment for technical review to the City Engineer.
D. The applicant shall provide the City Engineer with new grant deeds, which reflect the
approved lot line adjustment. The City Engineer shall record new grant deeds and
provide copies to the applicant.
E. Upon approval or conditional approval of the lot line adjustmentiand 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.
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Section 17.32.060 , Conditions of approval
The Director may not impose conditions or exactions on the approval of a lot line adjustment
except:
A. To conform with zoning and building codes;
B. To require the prepayment of real property taxes prior to the approval of the lot line
adjustment;
C. To ensure legal and physical access is provided to effected lots; and
D. To facilitate the relocation of existing utilities, infrastructure or easements.
Section 17.32.070 Expiration of lot line adjustments
A lot line adjustment which has not been recorded shall expire within twelve (12) months of the
date of approval or conditional approval, except for,any time extension granted by the Director,
and shall terminate all proceedings. Before a lot line adjustment, may thereafter be recorded, a
new lot line adjustment shall be processed in accordance with the provisions of this chapter.
Section 17.32.080 Appeals
All appeals shall be processed as provided in Section_17.16.150 if this title.
CHAPTER 17.36 MERGER OF CONTIGUOUS PARCELS
-- Sections:
Section 17.36.010 Purpose
Section 17.36.020 When parcels may be merged
Section 17.36.030 City initiated merger
Section 17.36.040 Property owner requested merger
Section 17.36.050 Effective date of merger
Section 17.36.060 Expiration of mergers
Section 17.36.070 Appeals
Section 17.36.010 Purpose
The purpose of this chapter is to provide procedures by which the City may require or provide
the merger of contiguous parcels under common ownership. This chapter has been adopted in
compliance with the provisions of Section 66451.11 of the Subdivision Map Act and complies,
with the provisions of Sections 6645 1.10 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 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.
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Section 17.36.030 City initiated merger
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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 tol any affected parcel:
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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;
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b. The parcel was not legally created in compliance with applicable laws and
ordinances in effect at the time of its establishment-
C. The parcel does not meet slope stability standards;
d. The parcel does not meet current standards fo j sewage disposal and
domestic water supply;
e. The parcel has no legal access, which is adequate for motor vehicles or
safety equipment;
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f. The development of the parcel would create health and safety hazards;
g. The parcel is inconsistent with the City's General Plan; any approved
Specific Plan, or the provisions of the City's Zoning Code;
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h. A lot line passes through a structure within a development project that has
been approved pursuant to the Zoning Code.
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4. That the parcels when merged will not:
a. Be inconsistent or create a conflict with the Zoning Code or General Plan,
or any approved Specific Plan;
b. Create a conflict with the location of any existing structures;
C. Deprive or restrict another parcel of access;
d. Create new lot lines.
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B. Prior to merging any contiguous parcels, the Director shall, b certified mail to the
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property owner(s) of record at the address shown on the latest avai�able 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
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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 (A) 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.
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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 (31 st)
day following the recordation of the Notice of Intent to Merge. The hearing shall be
conducted within sixty(60) days following the receipt of the owner's request, but may be
continued with the mutual consent of the Planning Commission and the property owner.
F. At the hearing the property owner shall be given the opportunity to present evidence that
the affected property does not meet the merger requirements set forth Section 17.36.030
of this chapter. At the conclusion of the hearing, the Planning Commission shall make a
determination to whether the affected parcels are to'be merged or not to be merged. To
merge contiguous parcels the Planning Commission shall make the following findings:
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
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Commission shall notify the owner of its determination no later than five (5) working
days after the conclusion of the hearing.
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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.
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Section 17.36.040 Property owner requested merger
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A. Requirements. A voluntary merger of lots may be requested by an applicant. A lot may
be merged with one (1) or more contiguous lots held by the same owner if any one (1) of
the contiguous lots held by the same owner does not conform to standards for minimum
lot size or dimension specified by the applicable land use distript 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:
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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; ,
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2. The merged parcel does not adversely affect the purpose land intent of the City's
General Plan or the public health, safety and welfare.
D. If the Director determines that the subject parcels shall be merged, the Director shall
notify the City Engineer.
E. Once notified by the Director, the City Engineer shall cause the Notice of Merger to be
recorded as provided for in California Government Code Section 66451.12.
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F. If the Director determines that the parcels should not be merged, the Director shall notify
the property owner.
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Section 17.36.050 Effective date of merger
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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)I 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.
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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
1 Section 17.40.040 Data for reversion to acreage
Section 17.46.050 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 17.40.010 Initiation of proceedings by owners
Initiation shall be by petition pursuant to California Government Code Section 66499.12. The
i 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 subdivided
property to acreage. The resolution of the City Council shall direct the Director to obtain all
information necessary to accomplish the proposed reversion.
Section 17.40.040 Data for reversion to acreage
The petition shall contain, but not limited to, the following:
A. Adequate evidence of title to the real property within the subdivision;-
B. Evidence sufficient to enable the City Council or the Director to make all of the
determinations and findings required by California Government Code Section 66499.16;
C. A final map or parcel map in the form .prescribed in this chapter which delineates
dedications which will not be vacated and dedications which will be required as a
condition of reversion; and
D. Such other pertinent information as may be required by this title.
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Section 17.40.050 Proceedings before the City Council
A public hearing on the proposed reversion to acreage shall be held before the City Council
pursuant to California Government Code Section 66451.3.
Section 17.40.060 Required findings
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Subdivided real property may be reverted to acreage only if the City Council can make findings
in accordance with California Government Code Section 66499.16.
Section 17.40.070 Re-filing of parcel maps -
A. Any parcel map submitted for the purpose of reverting to acreage shall be accompanied
by:
1. Evidence of title;
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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 subjeet to the provisions of
California Government Code Section 66445. r
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.
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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.
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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
Requests for Certificates of Compliance shall be filed with the City Engineer on an approved
City application form and shall be accompanied by all required application materials.
Section 17.44.040 Review and processing procedures
The City shall review'the application and shall review a Certificate of Compliance or a
Conditional Certificate of Compliance. The determination shall be based on the following
criteria:
A. A'Certificate of Compliance shall be issued for any ,parcel which meets the following
criteria:
1. The parcels resulted from a division of the land in which fewer than five- (5)
parcels were created; and
2. At the time of creation of parcels, there was no local ordinance regulating the
division of land.
B. A Certificate of Compliance shall be issued for any real property, which has been
approved for development pursuant to California Government Code Section 66499.34.
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C. A Conditional Certificate of Compliance shall be issued for any parcel which does not, or
at the time of creation did not, comply with the provision of State or local ordinances
regulating the division of land. A Conditional Certificate of Compliance may include the
conditions as follows:
1. If the subdivider was not the owner of record at the time of the initial land
division, the conditional Certificate of Compliance may impose conditions which
would have been applicable to a division of land on the date the subdivider
acquired the property.
2. If the subdivider was the owner of record at the time of the initial land division !�
and currently owns one (1) or more of the parcels involved in the land division,
the conditional Certificate of Compliance may impose conditions which would be
applicable to a current division of land.
D. The City Engineer shall file the completed Conditional Certificate of Compliance with
the San Bernardino County Recorder's Office.
Section 17.44.050 Underground utilities
The undergrounding of utilities shall be required as provided in Section 11.52.090 of this title.
Section 17.44.060 • Drainage•easements
The design of a proposed subdivision shall provide for the proper drainage of the proposed
subdivision and all lots and improvements therein, based on the runoff that can be anticipated
from ultimate development of the watershed area• in which the subdivision is located.
Stormwater detention measures shall be provided when required by the City Engineer to reduce
any adverse effects of increased runoff from development on downstream.properties.
Section 17.44.070 Utilities
All utilities shall be required as provided for in chapter 17.52 of this title.
CHAPTER 17.48 CORRECTION AND AMENDMENT OF MAP
Sections:
Section 17.48.010 Amendments permissible with certificate of correction or amending map
Section 17.48.020 Submittal and approval of amending map by City Engineer
Section 17.48.030 Certificate of Correction
Section 17.48.040 Form and content of amendment
Section 17.48.050 Submittal and approval of Certificate of Correction by the City Engineer
Section 17.48.060 Filing with the County Recorder
Section 17.49.010 Amendments permissible with Certificate of C rrection 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.
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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;
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.
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CHAPTER 17.52 SUBDIVISION DESIGN
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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
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 Ci y Council.
Section 17.52.020 Lot requirements
All residential, c6mmercial 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 matte 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.)
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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.
Section 17.52.040 Street rights-of-.way
The street layout of a proposed subdivision shall be consistent with all street right-of-way
designations shown on the Circulation Element of the Grand Terrace General Plan or applicable
specific plans at the time the tentative map is approved. For alignments not shown on the,
Circulation Element of the General Plan, the City Engineer shall approve alignments which are
consistent with the General Plan or applicable specific plan.
Section 17.52.050 -Waiver of direct access rights
The city may require as a condition of approval of a tentative map that dedications or offers of
dedication of streets include a waiver of direct.access rights to any such street from any property
within or•abutting the subdivision: Upon acceptance of the dedication, such waiver shall become
effective in accordance.with its provisions.
Section 17.52.060 Dedications
A. As a condition of approval, the applicant may be required to dedicate or make an
irrevocable offer of dedication of all parcels of land that are needed for streets, pedestrian
ways, alleys, including access rights and abutter's rights, drainage, public utility
easements and other public'or private easements.
B. The applicant may also be required to dedicate such additional land as.may be necessary
and feasible to provide multi-purpose trails or trail headsfor the use of the'public. The
applicant may be required to waive direct access rights to any street from the subject
property.
C. Every parcel required to be dedicated'for public use shall be so dedicated or offered for
dedication by separate instrument on a final map or by separate instrument
Section 17.52.070 Street Design
A. Except as provided herein, streets shall be designed in accordance with the San
Bernardino County Standards and Specifications and Standard Specifications for Public
Works Construction.
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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,lexcept 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
C. Half streets shall not be approved except where essential to the reasonable development
of the subdivision in conformity with the requirements of this title and where the
Planning Commission finds it will be practical to require the dedication of the remaining
portion of the street when the adjoining property is subdivided.
D. Unless otherwise approved by the City Engineer and Fire Department, private streets
shall be designed to public street standards, and shall be subject to review and approval
by the approving authority.
1. The City shall assume no responsibility for enforcement of traffic control on
private streets.
2. The use of private streets and/or drives is not intended to be a device for
permitting inadequate street design.
3. The name of each private street shall be posted at intersections with the street
name to be followed by the word"PRIVATE" in parentheses.
4. Sidewalks shall be required and should be located adjacent to the property line.
5. All private streets shall be equipped with street lights, the type and design of
which shall be approved by Southern California Edison, and installed by the
subdivider.
6. The placement of traffic control devices (signs, barricades, markings, etc.) shall
be provided to the specifications of the City Traffic Engineer. The design of said
markings shall be subject to the approval of the City Traffic Engineer.
7. Private driveways shall be designed in conformance with the requirements for
residential driveways contained in the Zoning Code.
8. Access easements shall be granted to the City of Grand Terrace, San Bernardino
County Fire, San Bernardino County Sheriff, and applicable utilities.
9. Conditions, Covenants and Restrictions shall be irrevocably written and recorded
on the subdivision.
a. The By-Laws or other appropriate document of the Homeowners'
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Association shall include the obligations of the Association with respect to
maintenance of streets. f
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b. The CC&R's shall provide the City with authority to repair and/or
maintain the private streets and/or ,appurtenances in the event the HOA
fails to maintain said streets and/or appurtenances in a manner that
provides adequate access at all times so that emergency and utility
vehicles can. service the properties contiguous or adjacent thereto.
Provision shall be made in the 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 1732.080 Utilities
Each unit or lot within the subdivision shall ,be served by gas, electric, telephone and cable
television facilities.
Section 17.52.090 Underground utilities:
A. All existing and proposed utilities within the subdivision and along peripheral streets
shall be placed underground except those facilities exempted by the public utilities
commission regulations. Undergrounding shall be required for overhead lines on either
side of peripheral streets.
B. The subdivider may request that the undergrounding requirement along peripheral streets
be waived by the Approval Body which may, at its discretion, accept a fee in lieu of the
undergrounding. The amount of fee shall be determined by the City Engineer and shall be
based upon the reasonable estimated cost of that portion of a future undergrounding
project attributable to the subdivision. The requirement for undergrounding or payment of
an in lieu fee shall be a condition of approval of the tentative map.
C. Undergrounding requirements may be waived or modified by the Approval Body only
upon finding:
1. The subdivision is within an area where existing. utilities have not been
undergrounded and that deferral will be allowed because undergrounding is
impractical due to physical constraints, or the surrounding neighborhood is absent
of similar improvements; and
2. Overhead utilities will have no significant visual impact.
D. If the undergrounding requirements are waived as allowed by the findings in subsections
C.1 and C.2 of this section, the in lieu fee as determined by the City Engineer and agreed
to by the subdivider shall be made a condition of approval of the tentative map.
E. In lieu fees shall be deposited in a special undergrounding account to be used as approved
by the city council for future undergrounding of utilities throughout the city.
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F. The provisions of this subsection are in addition to, and not in substitution for or
limitation of, the provisions of this code.
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. f.�
Section 17.52.100 Utility easements
Easements for public utilities shall be provided to the specificationsl 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 requited.
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 ultima I 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 abuttin� and off site properties
that would be adversely affected by any increase in runoff attributed to t 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 Go'ernment 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 subdivider shall be
required to install all improvements that are required as conditions of approval to the
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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 11.56.020 Improvements required
A. If the subdivider �of a Vesting Tentative Map is required to construct off-site
improvements on land in which neither the subdivider nor the City has sufficient title or
interest to allow construction, then the subdivider shall provide written evidence, prior to
the application for the vesting tentative map being deemed complete„ that all off-site
interests in property required for the project have been acquired, unless the City Engineer
finds, based on substantial' evidence, that the subdivision design incorporates an
alternative that would comply with City standards in the .absence of- the off-site
improvement.
B. If the•subdivider is required to construct off-site improvements on land in which neither
the subdivider nor the City has sufficient title or interest to allow construction, the
subdivider shall provide written evidence that a good faith effort has been made to
acquire the title or interest in the land to construct required off-site improvements, in
accordance with City standards. If the subdivider, after a good faith effort, is unable to
acquire the property, the City shall,, within one hundred twenty (120) days of filing the
final tract map, acquire by negotiation or commence condemnation of the -land, in
substantial compliance with the procedures set forth in California Government
- Code Section 7260, or the City shall waive the condition for the off-site construction.
Prior to approval of the final tract map, the City shall require the subdivider to enter into
an agreement to complete the off-site improvements as the time that title or an interest in
the land is acquired. ,The subdivider shall pay the cost of acquiring off-site land or an
interest in the land required to construct the off-site improvements, including reasonable
attorney's fees and costs, prior to initiation of acquisition proceedings by the City.
Section 17.56.030 Supplemental improvement capacity
A. As a condition of approval of a tentative map, there may be imposed a requirement that
improvements installed by the subdivider for the benefit of the subdivision contain
supplemental size, capacity, number or length for the benefit of property not within the
subdivision and that those improvements be dedicated to the public. However, when such
supplemental size, capacity, number or length is solely for the benefit of property not
within the subdivision, the City shall, subject to the provisions of Sections:66486 and
66487 of the Subdivision Map Act, enter into.an agreement with the subdivider to
reimburse the subdivider for that portion of the cost of such improvements equal to the
difference between the amount it would have cost the 'subdivider to install such
improvements to serve the subdivision only and the actual cost of such improvements.
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:
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1. The collection from other persons, including public agencies, using such
improvements for the benefit of real property not wit in 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. y `�
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. Writien 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 4nsofar 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 imp ovements for tentative
or parcel maps may be approved by the Planning Commission, in its sole discretion, at
the time of approval of the tentative map.
B. The City Attorney shall approve the form and content of all Deferred Improvement
Agreements prior to the City accepting the document.
Section 17.56.050 Design of improvement plans and standards
A. Standards for design and construction of subdivision improvements shall be in
accordance with the applicable City standards, the conditions of approval of the tentative
map, and the requirements established by the City Engineer.
B. Public improvement plans shall be acted on by the City Engineer within the time frame
set forth in California Government Code Section 66456.2.
C. Public improvement plans shall be prepared tinder the direction of a registered civil
engineer and shall be reviewed and approved by the City Enginee , if he or she can make
the following findings:
1. The plans are signed and stamped by a registered civil engineer;
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2. The plan designs are consistent with the tentative.map, the conditions of approval
and applicable City standards, with the exception of minor errors or
incompleteness, which do not materially affect the design or the plan
constructability thereof.
3•. All reports and studies required to evaluate the facility design and the
completeness of the plans have been prepared by a registered civil engineer and
have been reviewed and approved by the City Engineer.
4. All conditions of approval relative to public improvement requirements have been
addressed to the satisfaction of the reviewing authority and the City Engineer.
5. All title and interest has been obtained by the subdivider for off-site property
interest.
6. All cost estimates have been approved by the, City Engineer, and payment of all
applicable fees have been received.
7. Approval of designs and plans have been obtained from all other applicable
agencies, as required by.the City Engineer.
D. All improvement plans shall be prepared in accordance with the City standards in effect
at the time the tentative map is deemed complete. However, the City Engineer may
modify those City standards under the following conditions:
1. When necessary to protect.public health, safety and welfare;
2. When needed to-comply with State or-Federal laws;
3. When, in the.opinion of the City Engineer, with the consent of the subdivider, a
new standard or requirement is needed which will .not materially affect the intent
of the subdivider or the condition's 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.
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.O3O. Performance of said agreement shall be
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guaranteed by the security specified in this section and Section 66499 etl 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: j
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 land all other incidental
costs incurred by the City in enforcing the agreement.
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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 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 me Eger. 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:
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1. A bond or bonds by one (1) or more duly authorized corporate sureties
substantially in the form prescribed in the Subdivision Map Act and subject to the
approval,and acceptance of the City Attorney and City Council;
2. A deposit with the City of either, immediately- negotiable bonds or a letter of
credit;
3. Any other form of security, including a lien or other security interests in real
property, which the City Engineer and the City Attorney may, in their discretion,
allow provided they determine that it is equivalent to the foregoing forms of
security in terms of security and liquidity.
Any written contract or document creating security interest established pursuant
to Section 17.56.060.C. 3of this section shall be recorded in the Office of the
County Recorder. From the time of recordation, a lien shall attach to the real
property described therein, which lien shall have the priority of a judgment lien in
the amounts specified.
D. The subdivider shall provide as security to the City:
1. For performance and guarantee: an amount determined by the City Engineer equal
to one hundred percent (100%) of the total estimated cost of the improvement to
be performed, including costs and fees incurred by the City. The estimated cost
of improvement shall include a ten percent (10%) contingency and a ten percent
(10%) increase for projected inflation computed to'the estimated mid-point of
construction.
2. For labor and materials: an amount determined by the City Engineer equal to one
hundred percent (100%) of the.total estimated cost of the improvement to be
performed, excluding grading and monumentation.
3. For monuments: an amount determined by the City Engineer equal to one
hundred percent of the costs of setting such monuments. The estimated cost of
improvement shall include a ten percent (10%) contingency and a ten percent
(10%) increase for projected inflation computed to the -estimated mid-point of
construction. The security_may be included with the performance and guarantee.
E. Release of improvement.security. Improvement security may be released upon the final
completion and acceptance of the act or work by the City Engineer; provided, however,
such release shall not apply to the amount of security deemed necessary by the City
Engineer for the guarantee and warranty period, nor,to costs and reasonable,expense fees,
including reasonable attorney's fees incurred by the City in enforcing any improvement
agreement. The subdivider shall not be entitled to any reduction in security, except in
accordance with Section 17.56.060.F, until all improvements have been completed to the
satisfaction of the City Engineer.
F. Partial release of improvement security. A partial release of performance security may be
requested by the subdivider by filing an application with the Building and Safety/Public
Works Department. The application shall state the amount of work completed/accepted.
The portion of the performance security, in conjunction with acceptance of the
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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 ercent (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.Slection 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 tote City Engineer of any
agreement or acceptance of any completed public improvement.
B. Once begun, public improvements for a final tract map, or a parlcel 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 of the City Engineer.
Construction and inspection of public improvements shall be governed by City standards
and the requirements of any applicable permit.
C. Notwithstanding any applicable agreement, the ownership of and responsibility for the
construction and maintenance of any public improvement is held by the subdivider and
shall remain so until such time as the City Council accepts the completed public
improvements.
D. Upon acceptance of a public improvement, the City Engineer shall provide a notice of
completion for that public improvement, and it shall authorize the City Engineer to
release applicable securities for that public improvement. Th'!s action shall serve to
transfer ownership and maintenance responsibility of the public improvement from the
subdivider to the City, and to provide frill 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.
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Section 17.56.080 Dedications
A. Right-of-way dedications, irrevocable offers of dedication, and grants of easements
required upon a final or parcel map shall either be accepted, consented for recordation,
accepted subject to improvement, or rejected at the time the final or parcel map is
approved. Acceptance of the dedication or easement shall serve to transfer the
appropriate interest to the City, subject to the terms of the offer and the acceptance
certificate. Rejection of the dedication or easement shall reserve the City's ability to
accept all or part of the dedication or easement in accordance with State law. The City
Engineer shall determine whether the dedication, irrevocable offer of dedication, or
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easement shall be accepted, accepted subject to improvement or rejected pursuant to City
standards.
B. Fee title shall be granted by the subdivider when in the opinion of the City Council in
consultation with the City Engineer, it is necessary to carry out policies and requirements
of the General Plan and any City ordinance, resolution or standard.
C. The types of dedications, easements or grants of fee title that a subdivision may be
subject to shall include, but shall not be limited to: streets, alleys, access rights, drainage,
public utility, landscape, slope and sewer.
CHAPTER 17.60 MONUMENTS
Sections:
Section 17.60.010 Parcel map and final map monuments
Section 17.60.020 Monument construction
Section 17.60.030 Monument tie sheet
Section 17.60.040 Monument bond
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
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C. Corner monuments shall be set at or near each lot corner, except! that the City Engineer
may waive certain corner monumenting where standard monumenting would not be
feasible or beneficial in retracing a survey. f
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Section 17.60.020 Monument construction
All exterior boundary monuments shall be of new galvanized iron pipe nolt less than one and one-
half inches (1%z") 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 proper ties to, the location of the centerline monuments
and these ties shall be shown on a tie sheet of a form approved by the City Engineer.
Section 17.60.030 Monument tie sheet
At the time of the completion of the monuments required pursuant to this chapter or the
Subdivision Map Act, and as condition precedent to exoneration of the improvement security
pertaining to such monuments, the subdivider shall submit to the City Engineer, in a form
satisfactory to the City Engineer, a tie sheet showing proper ties to the location of the centerline
monuments. A minimum of three (3) such ties shall be shown for each centerline monument.
All monuments set and tie monuments set shall be permanently marked or tagged with the
engineer's or surveyor's registration or license number.
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Section 17.60.040 Monument bond
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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 City Engineer
shall make the necessary estimate of the cost to set monuments not already existing.
CHAPTER 17.64 ENFORCEMENT
Sections:
Section 17.64.010 Purpose
Section 17.64.020 Prohibition
Section 17.64.030 Remedies
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Section 17.64.010 Purpose
The procedures set forth in this section shall provide for the enforcement of the State Subdivision
Map Act and the provisions of this title.
Section 17.64.020 Prohibition
A. No person shall sell, lease, or finance any parcel or portion of parcels of real property, or
commence construction of any building for sale, lease or financing thereon, except for
model homes, or allow occupancy thereof, for which a final imap 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.
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B. Conveyances of any part of a division of real property for which a final or parcel map is
required by the Subdivision Map Act or this chapter shall not be made by parcel or block
number, letter or other designation, unless and until such map has been filed for record by
the County Recorder.
C. This section does not apply to any parcel or parcels of subdivision offered for sale or
lease, contracted for sale or lease, or sold or leased in compliance with or exempt from
any law, including this chapter, regulating the design and improvement of subdivisions in
effect at the time the subdivision was established.
D. Nothing contained in divisions A through C of this section shall be deemed to prohibit an
' offer or contract to sell, lease or finance real property or to construct improvements
thereon where such sale, lease of financing, or the commencement of such construction is
expressly conditioned upon the approval and filing tract map or parcel map as required
under the Subdivision Map Act of this chapter.
Section 17.64.030 Remedies
A. Any deed of conveyance, sale or contract to sell real property which has been divided or
which has resulted from a division in violation of the provisions of the Subdivision Map
Act or this chapter, is voidable at the sole option of the grantee, buyer or person
contracting to purchase any heirs personal representative or trustee in insolvency or
bankruptcy thereof within one year, after date of discovery of such violation.
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
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property is contrary to the public health or safety. The authority io 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.
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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.
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