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HomeMy WebLinkAboutContracts & Agreements_26-1982ANNEXATION AGREEMENT This Annexation. Agreement ("Agreement") is entered into and effective as of September 7, 1982 by and among NICHOLAS J. COUSSOULIS and CHRISTINA M. COUSSOULIS, husband and wife, ALL -TWINS, U S A , INC , a California corporation, and JAMES A COLLINS and CAROL L. COLLINS, husband and wife, (collectively "Owner") and the CITY OF REDLANDS, a municipal corporation organized and existing under the laws of the State of California ("City") This Agreement is predicated upon the following facts A Owner is the fee holder of certain real property ("Property") located in the unincorporated area of San Bernardino County, California, which Property is described in Exhibit "A" attached hereto and incorporated herein by reference. The Property contains approximately 27.93 acres. B Owner desires and proposes to subdivide the Property and construct a 316 -unit residential development thereon in accordance with those certain proposed large scale housing projects (collectively the "Project") described in Tentative Tract Maps No. 12144 and 12145 as those Tentative Tract Maps were approved by the County of San Bernardino effective on March 11, 1982 and July 22, 1982, respectively The Project approved by the County of San Bernardino includes a 215 -unit one lot condominium development, a 94 -unit one lot condominium development and a 7 single family lot develop- ment all as more particularly described in the documents attached hereto as Exhibits "B1" and "B2" and incorporated by reference C The Property is a portion of a site consisting of approximately 211 acres which site is contiguous to the city limits of City and is not included in any other incorporated city City has filed with the Local Agency Formation Commission for the County of San Bernardino a proposal to annex the Property and the remainder of the 211 acre site in a proceeding designated as LAFC 2152 -City of Redlands Annexation #58 D Owner initially opposed the inclusion of the Property in the annexation area since the pre --zoning proposed for the Property by City pursuant to Ordinance No. 1775 would have prevented Owner from developing the Project on the Property as contemplated E. City believes that annexation and development of the Property in the manner contemplated by the Project will be beneficial to City and its residents in that such annexation and development consistent with the terms of this Agreement (i) will extend the corporate limits and jurisdiction of City in an orderly and logical manner, -2- (ii) will increase the tax base of property within City and correspondingly other affected units of government, including but not limited to, school, park, library, and fire protection districts, within whose boundary the Property now or hereafter will lie (such affected units of government being collectively referred to as "Affected Districts"); (iii) will provide additional non -property tax income to City and Affected Districts, (iv) will permit the sound planning and development of the Property within and under the control of City; and (v) will protect City from possible undesirable and/or nonharmonious use and development of unincorporated areas surrounding City F City has carefully considered the annexation of and development plans for the Property and the Project and is agreeable to such annexation and development City recognizes that Owner, in order to ensure the development of the Project on the Property in a manner which is economi- cally feasible and viable, requires certain assurances from City for a definite time period with respect to certain terms and conditions. G. Owner, on the basis of such assurances of City as are hereinafter set forth and after full and careful consideration, recognizes the many advantages and benefits to Owner and to subsequent users of the Property as a result of and including the Property as an integral part of City's community -3- H. City and Owner are willing to undertake certain obligations as hereinafter set forth, and both City and Owner have materially changed their positions in reliance upon the undertakings of the other as provided herein I City is authorized to enter into binding annexation agreements with persons having legal or equitable interests in real property J Owner has indicated that it will support City's annexation proposal, provided Owner's development plans for the Project can proceed in City in substantially the same fashion as they could have proceeded in the County This annexation agreement is a method to ensure such treatment of Owner's Project by City. Operative Provisions NOW, THEREFORE, the parties agree 1 Owner agrees to support the annexation by City of the Property. 2 No annexation fees shall be payable by Owner in connection with such annexation 3. City has reviewed the Tentative Tract Maps and the Project as conditionally approved by the County and agrees that W the proposed subdivisions of the Property and the provisions for their design and improvement are consistent with all applicable general and specific plans; (ii) the site is physically suitable for the Project (both in terms of the type of development and its density), (iii) the Project and the subdivisions will not result in any significant adverse environmental impacts, (iv) the Project and the subdivisions are not likely to cause serious public health problems; (v) the subdivisions will not conflict with public easements within or through the site, and (vi) the proposed subdivisions and the Project comply with all laws, ordinances and regulations of City, except that the Project building spacing and setbacks shall be modified to comply with City development standards in effect as of the date of this Agreement and the pre -zone classification shall be amended pursuant to Section 4 hereof. 4. City has, or will concurrently herewith, initiate a re -zoning of the Property to bring the existing zoning into conformity with City's General Plan designation for the Property to allow the uses and density required for construction of the Project as presently contemplated by Owner. City agrees to use its best efforts to conclude such re -zoning as soon as possible, and to have such re- zoning initiated and set for Planning Commission hearing by October, 1982. 5 Upon Owner's performance of Section 6 hereof, City agrees to make available to the Property and the Project all necessary City services and facilities, including but -5- 0 not limited to water and sewer services with sufficient capacity to serve the ultimate needs of the Project upon its completion 6 Owner agrees to construct, or cause to be constructed the following off --site improvements (the "Off -Site Improvements"), at no expense to City (i) Extension of the existing 18 inch diameter sanitary sewer system within Nevada Street from the vicinity of Interstate Highway 10 and the intersection of Nevada Street to Barton. Road, then East on Barton Road to Alabama Street, in accordance with City requirements, Sewer Master Plan standards and with sufficient capacity to serve the needs of the Project, (ii) Extension of the existing water distribu- tion system to City requirements and standards to provide adequate domestic water service and fire protection to the Project, and (iii) Such street improvements as are required by City standards within 1/4 mile of the Project boundaries so that the Project is adequately served by the street and highway system 6.1 The plans and specifications for the Off -Site Improvements shall be hereafter approved and initialed by the parties and upon such approval the same shall be attached to this Agreement as Exhibit "C" M 6.2 City shall, cooperate with Owner in issuing or obtaining the issuance of all plan checks and permits necessary for the construction of the Off -Site Improvements. 6 3 Upon completion of the Off -Site Improvements to City standards, City shall accept them through appropriate action and shall thereupon commence operation and maintenance of the same Owner shall be at no expense in connection with such continued operation and/or maintenance of the Off -Site Improvements. 6 4 The parties acknowledge that a portion of the Off -Site Improvements will be located, designed and/or oversized so as to benefit other properties not owned by Owner Accordingly, City agrees to require each such other property owner benefited by the Off -Site Improvements con- structed by Owner to comply with the reimbursement provisions of City Ordinance No. 1145 as a condition to the granting of any discretionary land use permit or other entitlement to such other property owners by City The amount of reim- bursement shall be in accordance with existing or amended City ordinances. 6.5 Owner shall provide City with security for the performance of the Off -Site Improvements in the form of a bond or letter of credit at the election of Owner, in form agreeable to Owner and City and in an amount not to exceed 150% of the estimated cost of the Off -Site Improvements IWt N Any security required by this provision shall be posted by Owner prior to the submission of a residential development application ("RDA") for the Project (or any phase thereof), pursuant to Proposition "R" and its implementing ordinances Provided however, if- (i) the RDA submitted for review fails to receive development allocations, or (ii) the Final Maps for the Project are not approved by City, then Owner shall have the right to cancel the executory provisions of this Agreement, including any obligation to construct the Off -Site Improvements by notifying City of such cancellation, and shall be entitled, upon request, to a release of any security posted for the performance of the Off --Site Improvements Any failure on the part of Owner to exercise its right to cancel this Agreement or request release of security on any given occasion shall not operate as a waiver of Owner's right to cancel this Agreement or request release of security upon the occurrence of a subsequent event giving rise to such right. 7. City acknowledges that the City --owned parcel adjacent to the Property is intended to be improved as a City park and is so designated on City's general plan and zoning maps, but currently, no appropriation has been made for such improvements. 8. The parties to this Agreement shall take such steps as are reasonably necessary, required or convenient M to effect this Agreement 9. The burdens of this Agreement bind and the benefits of the Agreement inure to the successors in interest of the parties to it 10 Owner and the Project shall be subject to the applicable laws, rules and regulations of City as they exist at the time this Agreement becomes effective 11 If. (i) all or a portion of the Property is annexed to or otherwise becomes a part of another city; (ii) the annexation of the Property to City is not completed and effective prior to November 30, 1982; or (iii) the re- zoning contemplated by Section 4 hereof is not finally approved by the City Council of City on or before November 30, 1982, then, in any such case, this Agreement shall terminate and. City shall terminate proceedings to annex the Property in accordance with the Municipal Organizations Act (Government Code Section 35000 et seq ) 12. This Agreement may be amended or cancelled only by the mutual written consent of the parties 13 Unless terminated as provided in paragraph 11 or amended or cancelled as provided in paragraphs 6 and/or 12, this Agreement• (i) will remain in effect until the later of September 7, 1986 or the date of completion of the last phase of the Project, when it will expire; and (ii) is enforceable by any party to it, notwithstanding any subsequent change in (a) the applicable general or specific plan, or (b) the zoning, subdivision or building regulations or policies governing permitted uses of the Property, or the density, design, improvement and construction standards and specifica- tions governing the Project. 14 If legal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to reason- able attorneys fees and court costs. 15 In the event of any actual or threatened ,judicial action or proceeding against Owner by any person not a party to this Agreement challenging the validity of this Agreement or any act of either party performed pursuant to this Agreement, City agrees to cooperate with and assist Owner in the defense of such action whether or not City is a party to such action. City further agrees in the event it is not a party to such action, that it will not oppose joinder as a party defendant and upon joinder it will actively defend and participate in such action 16. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid Notices required to be given to City shall be addressed as follows City Manager City of Redlands P 0 Sox 280 Redlands, CA 92373 _10- Notices required to be given to Owner shall be addressed as follows c/o Nicholas J Coussoulis 108 Orange Avenue, Suite 5 Redlands, CA 92373 A party may change its address by giving notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address 17 In construing this Agreement, the following rules apply• (a) The singular includes the plural, the masculine gender includes the feminine, "shall" is mandatory, "may" is permissive. (b) If a part of this Agreement is held to be invalid, the remainder of the Agreement shall not be affected (c) If there as more than one signer of this Agreement their obligations are joint and several. 18. This Agreement shall not be binding on any signatory hereto until it has been signed by all parties and a copy of the fully executed and acknowledged Agreement has been delivered to each party IN WITNESS WHEREOF this Agreement has been executed -11- by the parties as of the day and year first above written Approved as to form. BEST, BEST & KRIEGER City Attorney, City of Redlands By X31� V)�OW Dallas Ho mes SURR & HELLYER A PROFESSIONAL CORPORATION M. . br.rorre (City of Redlands) BY. Attest. (Property Owner) --12- ALL -TWINS U.S.A., INC , A Californi c rporation By e .¢� J es A. Collins Carol L. Collins /, S STATE OF CALIFORNIA : ss. COUNTY OF SAN BERNARDINO } On this day of 1982, before me, J,oaR1._ -P6y7- , a Notary Public in and for said County and State, personally appeared f1M So lvso/I , personally known to me ( ___ s-atis-f etery eY44^�) to be the person who executed the within instrument as NPE&I,6E-i� or rj-/t U,rY &o"Ne-l'. of the City of Redlands, a municipal corporation, therein named and acknowledged to me that the municipal corporation executed it. WITNESS my hand and official seal. <<�µ OFFICIAL. SEAT, e'_a�-"`^-.;', �-a� i.J'i :;:'r' Ft}t^.i 'i�•�;;,!!FE)F:idiA 1 i "i 1CIPAL !. sir;: (N _R COUNTY MY C,'�1-imn'SoWM €;,;; ices June 3, 1485 STATE OF CALIFORNIA Not y Public nd for said County a State : ss. COUNTY OF SAN BERNARDINO } )T ) On this day of1f 1982, before me, a Notary Public in and for said County and State, personally appeared Nicholas J. Coussoulis, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged to me that he executed it. WITNESS my hand and official seal. ---------------- OFFICIAL SEAL KAREN MARK PETRIUO NOTARY PUBLIC CALIFORNIA PRWAPAL OFFICE IN SAN BERNARDINO ODUK Y My CDffbTdwm Exp Feb 1, 19x3 -13- Notary Public in and for said County and State STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO ) On thisF-1 day ofc�t, 1982, before me, 7F7+tti_. a Notary Public in and for said County and State, personally appeared Christina M. Coussoulis, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged to me that she executed it. WITNESS my hand and official seal. -------------- OFFICIAL, BEAL KAREN 1AAR1f-PETRuo 41 MOiiARY PUBLIC GifFOR11{}4 PRMWW OFFICE Ili siw aEI;MAQpIYo ColxrrY my c4mmli " 6w Frb 4, 1983 STATE OF CALIFORNIA COUNTY OF e fRONL1 ss. } N tary Public in and for said County and State On this day of 1982, before me, r, N a Notary Public in and for said County and State, personally appeared tic USN /rte �..; X55, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as/ or on behalf of All -Twins U.S.A., Inc., a California corporation, therein named and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. OFFICIAL SEAL -� JUNE ANDERSON Notary lic in and for said NOTARY PUBLIC -CALIFORNIA Cc6Znty and State PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Expires Jan 27, 1983 -14- STATE OF CALIFORNIA ss. COUNTY OF IV ) On this � S day ot 1982, before me, A f, a Notary Public in and for said County nd State, personally appeared James A. Collins, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this .instrument, and acknowledged to me that he executed it. WITNESS my hand and official seal. OFi~iCTAL SEAL ,/� LEMOYNE A HAMMETT '61fi*0r4Wz NOTARYPURIC- CALIFORNIA Notary gftlic in and for said ' z WS XNGEUS COUNTY County and State �► tom, •ap3rts l�f 86, 3983 1 STATE OF CALIFORNIA ) �r s s . COUNTY OF O On this day of , 1982, before me, a Notary Public in and for said County Ind State, personally appeared Carol L. Collins, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged to me that she executed it. WITNESS my hand and official seal. OFF1CiAL SEAL LEMOYNE A HAMMEiT' NOTARYPUBLIC- CALIFORNIA No®ry blit in and for said LOS ANGELES COUNTY C unty and State My comm expirea NOY 26, 2985 -15- DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNT'.' OF SAN BERNARDINO. STATE OF CALIFORNIA. AND 16 DESCRIBED A-�FOL LObi'� PARCEL NO LOTS 4. 5 AND 6.ELM-, 4. ADDITION TO TEPPP NA NO 1 - l h THE COUNT'] OF SAN BEPNPRDINO , STATE OF CAL IFOPNIA: Al, PER MAP RE= OPDE rr IN FOOk 6 OF MAP:: FAME IN THE OFFICE OF THE COUNTY RECORDE? ► fF '3611( j -'00 -If -17"Y E.I CEP TING THE * EFRON THE FC �L L CUING BEGINNING AT THE NORTHEAST COPNEP OF LOT 6: IN FAI D _ L � �t f:: 4. -LIE CENTEr^ OF FAF'it+N t?!ENr1E OF SAID uL+C+I T: OF1 TO TE RA±'IN^i±f 1 I -7- EST ALONG THE t~ENiE' OF r^�r'T�+N rri!ENtrE, a i�� FEET. T,�Eril"E ;t"rf�ru 10 DEGREE,:' 14INUTES EAST: 670 5 FEET: THENCE EAST 107 FEET, �.. ��CE NORTH 10 DEGREES 15 MINUTES NE10T. th 6 55 FEET TO THEF!+IhT ri= EEr;:ryt�.!`•�+.; E:;+SETIN►� THEr^E��'t?Ai ThPT PORTION CONDEMNED TO THE C~+_UN7 ' OF zPri =1 h4 ;�F'S_�•�tr IN TqE SAN FEF'Nm'RDINO COWIT'r SUPEF'IOP COURT CASE NO 1,7 N CEr7;77 =.r COPi' OF NPICH NA. RECORDED JPHUAR � 19-78 IN E,001� -97.7--'PH' OFrlC IAL RECORDF PARCEL NO 2 - ALL— ALL THP7. POPTION FCS S IES"'1"N VILLA. IN THE CO!.lN7'!' OF �:Af-I Trr 7"t OF CAL I L,?RNi H. AS PER MPP P_CORD C s FH SOOK 14 OFri r S. _ 14 IN THE O-F�!C- i7F TrrE rpt -+LENT`•,•' RECl0F,'i=E;-, OF SHID COU"J E XE,- T THAT PORTION C +NO"'r'ED TO THE C OUNT r' OF SANEE � � fivr ��s � �r f DEED DATED NOVEtlE'EP t , 1 X4.5 AND t^^-.ECt'RDEt0 NthVEMSE , 17 . 1 " . IPJ E�,,i.. PAGE' -2-"6, OFFICIAL FEt,OFPE: L?Ew'C,F'IRECr ta•'_= FOLLOw F A FtD,RTIr;N t?F :,IE�7+ f!I_LLti7, a �N.tr�l r�N P�Hfi �`Er_r�Fr�Ei� Its_??rF E'<<r.rs Ft=G 14, PECORDER1 OFFICE IN SHN EEFIJAFDI ,� OUh c'- - 9AIr PO -TION BEING PARTICULARLY DE`SCRIB'ED H` EEGIf�1J.NG J 247 ! ON THE SOUTH LINE OF EH TO H!E ?rE. AL � ik10H S41D "OF It EErN, 1L FEET SOUTH SF DEGREES 53 MINUTES REST Ari? jCr . -- . - - ;' 0 DEG;RwEE 07" MINUTES EAST. FROM THE NORT!-�EAST CO' Er' O Tr_�tJNSHIF ?D. 701-INSHIP 1 SOUTH, RANGE NE -FT Ekr- E`EFMru._�lhra� r.t_R1 �� IN SAID CC�L!NT�', T:,ENCE SOUTHER TE,?L i' ON A C1_l (;E TO THE = i GrT. it�:►�E PADIU5 IS 4t tO FEET: AND FROM ti TANGENT idHOFE EEAFI iG IF N07�-1 E''4 �trGREE�~ 5E fI.NUTEE EAST. A DISTANCE OF �5C? a FEET D T�_ ECLrNLr1y''' LINE OF EtiID SIESTA VILLA. IC=NTIFI D E` i' FtHRi NI NORTH 17 F rFu-I FEE 41 MINUTES EAST, THENCE NORTH 7L DEGR'EE'S 41 MINUTE» EA;'•T HL f,ur= SAID SOUNPARV, A DISTANCE OF 11 EC FEET TO THE SOUTHNELTERLy LirdE CF »�IL4t�ND A!IENUE: AS SHOUN ON AFORESAID MAP, THENCE NOPTH 3E DEGREE6 40 MINUTES' REST., ALONG SAID SOUTHNESTERLY LINE OF RHILROAD AVENUE- A 0-7 TWICE CSF1YS. 03 FEET TO ITS INTERSECTION IdITH r�FC�FESAiDC'�L1TH L;svE+F AVENUE.' THENCE SOLITH ti'F DEGREES 57% MINUTES NEw T Mt, -46 SAID. SOLrT4 LINE: H DISTANCE OF 246 91 FEET TO THE PLACE OF BE+=lNriT,uG EXCEPTING THEtREFROti THAT PORTION CONDEMNED 70 THE t'OUNTi' ,{F FAN FE;;'qArDIHO IN THE SAN EERNARDINO COUNTY SUPERIOR COURT CASE NO 1; �F�'?. A �~E� 7Iw + (Exhibit "A") (Page 1 of 2) 0 COPY OF 14HI CH RAS RECODDEA : HHUNR i' 4, 1078 1N PON' 577, � 1-114C E OFFICIAL RECORDS PARCEL NO. 3: All that certain real property located in the County of San Bernardino, State of California, described as follows - Lots 1, 2, 3 and 4, Block 25, West Redlands, as per map recorded in Book 9, page 22 of Maps, in the office of the County Recorder of said County EXCEPTING THEREFROM that portion lying Northerly, Northwesterly and Westerly of the following described line - COMMENCING at the Northeast corner of Section 32, Township 1 South, Rarge 3 West, San Bernardino Meridian; thence North 89° 53' East 21.2 feet, thence South 33° 41' East, 233 feet to the most Easterly corner of that certain parcel, as conveyed to D. H. Gillan by deed recorded June 10, 1905 in Book 359 of Deeds, page 295, records of said County, said point being also the true point of beginning of tfe line to be described; thence South 56° 20' West 144.2 feet; thence South 0° 11' East, 364.5 feet to a point on the Scith line of said Lot 1; thence South 69° 53' Lest 22 feet to the Westerl} terminus of said line ALSO EXCEPTING THEREFROM that portion as conveyed to the County of San Bernardino, b) deed recorded May 3, 1943 in Book 2222, page 397, of Official Records of said County. NCF By order of the Board of Supervisors of the County of San Bernardino, portion of Alabara Street adDoining property herein described on the gest was vacated by resclutio recorded in Book "B", page 40 County Surveyors Records ALSO EXCEPTING THEREFRO,: that portion corveyed to the Count} of San Sernarcino by deed recorded September 14, 1976, in Book 9517, page 889, Official Records. (Exhibit "A") (gage 2 of 2) COUNT( OF SAN BERNARDINO PLANNING DEPARTMENT ENYMONMENTAL 1111 East Will Street Building 1 San Bernardino CA 92415 (714) 383 1417 PUBLIC WORKS AGENCY µ4 ��l •AY Q1�p KENNETH C TOPPING 1!Zee. Planning Director DATE- May 19, 1982 EXPIRATION DATE. March 11, 1964 SAN BERNARDINO COUNTY PLANNING COMMISSION REQUIREMENTS DEVELOPER - James A & Carol L. Collins 12731 W Jefferson Boulevard Los Angeles, CA 90066 ENGINEER. Suresh Doddiah c/o Joseph E. Bonadiman & Assoc P. 0. Box 5852 San Bernardino, CA 92412 RE' LSH/81-0099/E271-1.13, 215 unit condominium on 18.18 acres; SUB/81-0100/E271-113/TR 12144, 1 lot subdivision on 18.18 acres, E.LOMA LINDA/W. REDLANDS COMMUNITY PLAN. Dear Mr & Mrs Collins. This will advise you that after completion of the environmental review process, and due consideration thereof, the above -referenced nroDect was conditionally approved by the Planning Commission at its Meeting of March 11, 1982 Said project was found to be in commliance w_tn Count -1 policies and regulations and was approved subaect to the condi- tions as set forth on attached pages 2 of 11 through 11 of 11. ENVIRONMENTAL PUBLIC SaORXS AGENCY PLANNING DEP ART14ENT i DOUGLAS PAYNE, Associate Planner Valley Planning Team DP/ak cc: Surveyor, Land Development Division (4) with maps (2) Environmental Health Services (2) wath map (1) Building and Safety Countv Fire Warden County Sheriff County Special Districts Exhibit "Bi" Page 1 of 11 CONDITIONS OF APPROVAL: A) LSH/81-0099/E271-113, 215 Unit Large Scale Housing Pro3ect B) SUB/81-0100/E271-113/TR12144, 1 lot subdivision on 18.18 acres, located on the south side of Barton Road between Terracina Blvd. and a point approximately 380 feet west of Bellevue, East Loma Linda/West Redlands Community Plan A) LSH/81-0099/E271-113 1. This Location and Development Plan shall become null and void - a) Unless all conditions have been complied with and the occupancy or use of the land or existing structures authorized by such Location and Development Plan has taken place within twenty-four (24) months after the approval of said Location and Development Plan, b) Where circumstances beyond the control of the applicant cause delays which do not permit compliance with the time limitation established in this section, the Planning Director may grant an extension of time for a period of not to exceed an additional twenty-four (24) months. , Applications for such extension of time must set forth, in writing, the reasons for this extension and shall be filed together with a fee as established by the Board of Supervisors, with the Planning Department thirty (30) calendar days before the expiration of the Location and Development Plan. Building permits shall not be issued for purposes applied for until the following conditions have been met. 2 The Site Plan shall reflect the following. a) Garages shall be setback between five (5) and ten (10) feet from the edge of the interior streets. b) The edge of interior streets shall be defined. Curbed Planters between garages shall be utilized to help define the edge of interior streets c) 107 on-site guest parking spaces shall be provided throughout the proaect. 3. A sign plan shall be submitted to the Planning Department for 'review and approval showing types, size, location, type of -construction and materials 4. Tract Map 12144 shall be recorded prior to the issuance of building permits. Exhibit "B 1" Page 2 of 11 - " A) "LSH/81-0099/E271-;=r Sub0ect property shall not be occupied and/or used for purposes applied for until the following conditions have been met - 5. if permanent refuse receptacles are used, they. a) shall be adequately screened from view, landscaped and shall be inaccessible to dogs, cats, or vermin animals, and placed conveniently for collection. Frequency of pickup shall be such as to prevent overflow and omission of odor Enclosure for such facility shall be constructed of six (6) foot high decorative masonry wall and provided with solid wood gates. Enclosure shall have a minimum inside measurement of six (6) inch high wheel stops located one (1) inch from rear and side walls. Hose bibbs for maintenance shall be located within the enclosure 6 The premises shall be adequately lighted. All intersections of interior roads, guest parking areas, all recreation areas, and around all buildings containing common facilities shall have lighting. Freestanding lighting shall be in keeping with the residential character. 7. The Homeowners' Association shall be formed and shall be responsible for the maintenance of the common open space, recreation facilities, etc. 8 Street parking shall be prohibited on all interior private streets except where parking bays are provided. Said streets shall be appropriately posted. 9. All parking areas shall be designated with clearly painted lines and equipped with wheel stops. 10. All conditions of accompanying Tract No 12144 shall apply to this Large Scale Housing Project. Tentative Tract 12144 must also be approved by the Planning Commission before this Large Scale Housing Project shall be considered approved. The conditions enumerated above are continuing conditions. Failure of the applicant and/or operator to comply with any or all of said conditions at any time shall result in the revocation of the permit granted to use the property. Prior to any occupancy, a Certificate of Final Completion shall be issued by the Department of Building and Safety, after which an application shall be submitted to the Department of Environmental Health Services for a Certificate of Occupancy. A faithful performance bond in an amount equal to the estimated cost of uncompleted required improvements, plus the cost of administration, shall be posted with the Transportation Department and/or Building and Safety Department, if the required improvements have not been completed at the time the occupancy permit is sought. Exhibit "Bill Page 3 of 11 B) SUB/81-0100/E271-113/TR 12144 BUILDING AND SAFETY - 1. A preliminary soil report, complying with the provisions of ordinance 2159 shall be filed with and approved by the Director of Building and Safety prior to recordation of the final map 2. Grading plans to be submitted to and approved by the Building and Safety Department. 3. Obtain a demolition permit for building to be demolished Underground structures must be broken in, backfilled, and inspected before covering. 4. Submit plans and obtain building permits for walls required by others. E� I:Cx3��TAL HEALTH SERVICES 5. Sewage disposal shall be by connection to City of Redlands. 6. The water purveyor shall be City of Redlands. 7. The following are the steps that must be completed to meet the requirements for installation and/or finance of the water system and/or sewer system. a) Where the system is to be installed prior to recordation The water system, fire hydrants, and/or sewer system shall be installed in accordance with requirements of the State Health and Safety Code, and in accordance with plans approved by the water and/or severing utility and the governing fire protection authority The plans shall be reviewed by a civil engineer, registered in the State of California, and contain required certificates and approval signatures. It is the developer's responsibility to submit to the Surveyor's Office Land Development Division, a copy of the approved plan and a signed statement from the utility of ]urlsdlctlon confirming that the improvement has been installed and accepted. b) Where a bond is to be posted in lieu of installation of the improvement: 1. The domestic water plan and/or sewer plan which meets the requirements of the State Health and Safety Code shall be reviewed by a Civil Engineer, registered in the State of California, and approved by the water or sewering utility and the governing fire protection authority. The Plans shall contain the required certificates and approval signatures. A copy of the approved pian shall be submitted to the Surveyor's Office, Land Development Division. Exhibit "Bi" Page 4 of 11 SUB;/81-0100/E271-113/Tr '2144 2. Said engineer shall determine the amount of bond necessary to install the improvements. a. This amount plus ten percent shall be posted with the County of San Bernardino. A statement signed by the engineer stating that the amount of bond recormended is adequate to cover the cost of installation of the improvement shall be included with the estimate and submitted to the Surveyor's Office, Land Development Division. b. Or, in cases where the water agency or sewering agency is a governmental subdivision, the bond in the amount of 110 percent of the cost of installation of the improvement may be placed with the agency A signed statement from that agency stating that financial arrangements have been completed shall be submitted to the Surveyor's Office, Land Development Division. 3 Prior to release of the bond for the improvement, the utility of jurisdiction shall submit a signed statement confirming that the improvement has been installed and meets the requirements of all appropriate State and County laws pertaining to such improvement. it is the developer's responsibility that such signed statement is filed with the Surveyor's Office, Land Development Division. FIRE WARDEN 8. Development shall provide for safe and ready access for fire and other emergency equipment, and for routes of esca_ne which will safely handle evacuations. 9 Private roadways which exceed 150 feet in length shall be approved by the fire department, and shall be extended to within one hundred fifty (150) feet of, and shall give reasonable access to all portions of the exterior walls of the first story of any building. An access road shall be provided within fifty (50) feet of all buildings if the natural grade between the access road and building is in excess of thirty percent (30%) Where the access roadway cannot be provided, approved fire protection system or systems shall be provided as required and approved by the fare department. 10. Roadways shall have a minimum vertical clearance of 13 feet 6 inches. 11. A turnaround shall be provided at the end of each roadway, and shall be approved by the fire department. 12. All flammable vegetation shall be removed from each building site a minimum distance of 30 feet Exhibit "B1" Page 5 of 11 3 W% _y SUB/81-0100/E271-113/TF X144 13. Each chimney used in conjunction with any fireplace or any heating appliance an which solid or liquid fuel is used shall be maintained with an approved spark arrester An approved spark arrester shall mean a device constructed of stainless steel, aluminum, copper or brass, woven galvanized wire mesh, nineteen (19) gauge minimum with three -eights (3/8) inch minimum to one-half (1/2) inch maximum openings, mounted in or over all outside flue openings in a vertical or near vertical position, adequately supported to prevent movement and visible from the ground. 14. The street address shall be posted with a minimum of three-inch numbers, visible from the street, in accordance with San Bernar- dino County Ordinance 2108, prior to occupancy. 15 All new construction shall comply with applicable sections of the Uniform Fire Code. 16. The developer or his engineer shall furnish the County Fire Warden with two copies of water system improvement plans where fire protection water systems are required 17 The fire protection water systems shall be approved by the San Bernardino County Fire Warden prior to the installation of said systems. The following are minimum standards for your proposed development All fire flow requirements are over and above the average daily consumption of water, and the minimum residual pressure shall be 20 psi. A. System Standards Fire flow 1000 G.P.M. Duration 3 hour(s) Hydrant spacing 330 feet B. Distribution System Mains 6 inch minimum Laterals 6 inch minimum Riser 6 inch minimum C. Fire Hydrants Hydrant 6 inch with 2 -- 2k inch outlet(s) with National Standard threads and with _ 1 - 4 inch pumper connection. Street Valve 6 inch gate Exhibit "Bl" Page 6 of 11 SUB/81-0100/E271-113/, 144 PLANNING DEPARTMENT. 18 A commitment shall be obtained, in writing, from the sewering agency. Said commitment to indicate that the agency has the capacity to furnish said sewer service to the subaect pro3ect, and that all necessary arrangements have been made with said agency to supply such services. A copy of the commitment to be filed with the Planning Department. 19. Sidewalks shall be provided throughout the tract including all peripheral streets. 20 Developer shall provide for street lighting within the tract as follows. a) low intensity, energy-efficient street lights at all intersections; b) prior to recordation, the tract shall be annexed to the appropriate district to provide street light maintenance. 21 Obtain a letter of non-interference from any utility company that may have rights of easement within the property boundaries. The letter must be obtained prior to approval of the final map. 22. Easements of record not shown on the tentative map shall be relinquished or relocated Units affected by proposed easements or easements of record, which cannot be relinquished or relocated, shall be redesigned. 23. Utility lines shall be placed underground in accordance with the requirements of County Ordinance. 24. A General Plan Amendment application GPA/81-1260/E271-113 and a District Change application DC/81-0098/E271-113 has been filed to amend the East Valley General Plan Map and to redistrict this site to 3M -RM. These applications must have been approved by the Board of Supervisors before this tract shall be considered as having Tentative Map approval. Approval of the Tentative Tract Map by the Planning Commission shall not constitute a commitment that the Board of Supervisors shall act favorably on these applications, nor give the applicant any vested right to pursue the Tentative Tract to recordation should these applications not gain Board approval. 25. A final grading plan shall be required. Said grading plan shall be submitted to the Department of Building and Safety for review and approval. All on-site cut and fill slopes shall: a) be limited to a maximum slope ratio of 2 to 1. Setbacks from top and bottom of slopes shall be a minimum of one- half the slope height. b) be contour -graded to blend with existing natural contours. c) be a part of the downhill lot when within or between individual. lots. Exhibit "Bl" Page 7 of 11 SUB/81-0100/E271-113/TFC +v44 26. A copy of the final grading plan, approved by Building and Safety, shall be submitted to the Planning Department. 27. Three (3) copies of a Landscaping Plan shall be submitted for Planning Department review and approval. Said Landscape Plan shall include the following - a) The required slope planting. Slope planting shall be required for the surface of all cut slopes more than five (5) feet in height and fill slopes more than three (3) feet in height. Said slopes shall be protected against damage by erosion by planting with grass or ground cover plants. Slopes exceeding fifteen (15) feet in vertical height shall also be planted with shrubs, spaced at not to exceed ten (10) feet on centers, or trees, spaced at not to exceed twenty (20) feet on centers, or a combination of shrubs and trees as cover plants. The plants selected and planting methods used shall be suitable for the soil and climatic conditions of the site. Trees 10% 15 gal.; 40% 5 gal.; 50% 1 gal. Shrubs 20% 5 gal.; 80% 1 gal.; Ground cover 100% coverage. b) The required street trees. c) All required walls. All decorative walls shall be designed and constructed to incorporate design features such as tree planter wells, variable setback, split block face, columns, or other such features to provide visual and physical relief along the wall face 28. Three (3) copies of an irrigation plan shall be submitted for Planning Department review and approval when slope planting is required. Slopes required to be planted shall be provided with an approved system of irrigation, designed to cover all portions of the slope. A functional test of the system may be required. The maintenance of graded slopes and landscaped areas shall be the responsibility of the developer until the transfer to individual ownership or until the maintenance is officially assumed by a County Service Area. All irrigation systems, where required, shall be designed on an individual lot basis unless commonly maintained in an approved manner. 29. A 25 foot building setback from Barton Road and Terracina Blvd. shall be delineated on the final map 30 All landscaping and irrigation shown on the approved landscape and irrigation plans, all private streets, the recreational facilities, interior sidewalks and street lighting and the required walls shall be completed or suitable bonds posted for their completion. Exhibit "Bl" Page 8 of 11 SUB/81-0100/E271-113/ 2144 31. A decorative masonry wall at least 6 foot in height shall be installed along the south property line of the site. Within the front yard building setback, said fence shall be reduced to 4 foot in height. 32. Along interior and public streets, a minimum number of one inch caliper/15 gallon, multi -branched trees shall be planted on forty -foot centers, where possible. 33. The Homeowners' Association By -Laws and Declaration of Covenants, Conditions and Restrictions shall be reviewed by the Planning Department. Said documents shall include maintenance of the common areas, recreation facilities, sidewalks, landscaping, walls, parkways, private streets and slope areas 34. The interior streets shall be designed to PUD standards. 35. Alabama Street south of Barton Road shall be vacated SURVEYOR'S LAND DEVELOPMENT DIVISION DRAINAGE SECTION: 36. Adequate provisions shall be made to intercept and conduct the offsite tributary drainage flow around or through the site in a manner which will not adversely affect ad3acent or downstream properties. 37. The developer's engineer shall investigate any existing downstream drainage problems and provide this office with a detailed drain- age analysis showing how he proposes to handle the drainage flows from and through the site without adversely effecting ad3acent or downstream properties. If the applicant cannot solve downstream problems at the improvement stage, then a revised map will be required. 38. Adequate San Bernardino County Drainage Easements (Minimum 15' wide) shall be provided over all drainage facilities. The easements shall be designed to contain the 100 -year frequency storm flow plus bulking and freeboard per County Standard Criteria 39. Grading plans shall be submitted to this office for review. 40. Permanent drainage improvements will be required to intercept and conduct the larger drainage flows through or around the site in an approved manner. 41. In addition to the Drainage Requirements stated herein, other "On-site" or "off-site" improvements may be required which cannot be determined from tentative plans at this time and would have to be reviewed after more complete improvement plans and profiles have been submitted to this office. 42. The developer's engineer shall determine the adequacy of the existing culverts under Barton Road. The developer's engineer shall also analyze the effect the increased runoff from this development shall have on downstream properties. V,1, 1^,i +- "Ta, 11 PAaA Q n� �d SUB/81-O100/E271-113/TR 121.44 SURVEYOR'S LAND DEVELOPMENT DIVISION ROAD SECTION. 43. Roads within this development shall not be entered into the County Maintained Road System. 44. Road sections bordering the tract shall be designed and constructed to Valley Road Standards of San Bernardino County with curb, gutter and sidewalk, and to the policies and requirements of the County Transportation Department. Barton Road shall be 60 -foot half -width right-of-way, and 44 -foot half -width curb separation. Terracina, with curb, gutter and sidewalk, shall be improved to half -width standards, for mayor highway. 45. Any grading within the road right-of-way prior to the signing on the improvement plans shall be accomplished under the direction of a Soil Testing Engineer. Compaction tests of embankment construction, trench backfill, and all subgrades shall be performed at no cost to San Bernardino County and a written report shall be submitted to the Contracts Division prior to any placement of base materials and/or paving. 46. Final plans and profiles shall indicate the location of any existing utility facility which would affect construction 47. Slope rights shall be dedicated on the final tract map where necessary. 48. A thorough evaluation of the structural road section, to include parkway improvements, from a qualified materials engineer, shall be submitted to Transportation Department. 49. Vehicular access rights shall be dedicated on Barton Road and Terracina. 50. Existing County roads which will require reconstruction shall remain open for traffic at all times, with adequate detours, during actual construction. A cash deposit shall be made to cover the cost of grading and paving prior to recordation of the tract map. Upon completion of the grading and paving to the satisfaction of the Transportation Department, the cash deposit may be refunded 51. -All road names shall be coordinated with County Transportation Department, Traffic Division. 52. Trees, irrigation systems, and landscaping shall not be installed on public right-of-way. Exhiba-t "B1" Page 10 of 11 SUB/81-OlOO/E271-113/x'12144 53. An encroachment permit, or authorized clearance, shall be obtained from the County Transportation Department prior to issuance of a grading permit by the Department of Building and Safety. 54. Street type entrances shall be required to the tract 55. Existing utility poles shall be shown on the improvement pians and relocated as necessary without cost to the County. 56. Traffic signal at Alabama and Barton Road at tract entrance shall be modified for two-way traffic with left turn 57. Show road sections on tentative map Exhibit "B1" Page 11 of 11 .% COMI'•'iUNITY APPLICANT FILE/INDX. PROPOSAL LOCATION: REP: PLANK NG STAFF REPCR^ Hearing to be held in the. EAST LOMA LINDA/WEST REDLANDS COtt"UNI COUSSOULIS, NICHOLAS J ET AL A) LSH/81-0103/E273-113 B) SUB/81-0102/E273-113/TR 12145 A) Revised plan for 94 unit Condominium on 9 75 acres B) Revised Map for 8 lot Subdivision in 2 phases on 9.75 acres West side Bellevue Road extending between Barton Road & Brookside Ave S Doddiah-c/o Bonadiman & Assoc. FEARING DATE AGENDA ITEM NO. ROUTINE ITEM -ON-ROUTINE ITE -'4 T -41 -ME REF. N.O. V1C1N1TY MAP S. SCUT WEST SP AT!: SZ?141=- "-\-z = Paq F u...%Al& w Z '� ?A a IL n z a :�LrNTv �P r Saar=E-N,PCINC a COMI'•'iUNITY APPLICANT FILE/INDX. PROPOSAL LOCATION: REP: PLANK NG STAFF REPCR^ Hearing to be held in the. EAST LOMA LINDA/WEST REDLANDS COtt"UNI COUSSOULIS, NICHOLAS J ET AL A) LSH/81-0103/E273-113 B) SUB/81-0102/E273-113/TR 12145 A) Revised plan for 94 unit Condominium on 9 75 acres B) Revised Map for 8 lot Subdivision in 2 phases on 9.75 acres West side Bellevue Road extending between Barton Road & Brookside Ave S Doddiah-c/o Bonadiman & Assoc. FEARING DATE AGENDA ITEM NO. ROUTINE ITEM -ON-ROUTINE ITE -'4 T -41 -ME REF. N.O. V1C1N1TY MAP S. SCUT WEST SP AT!: SZ?141=- "-\-z = Paq F u...%Al& A Page 2 ANALYSIS- On March 11, 1982, a proposed Large Scale Housing Project and Tentative Tract 12145 with a District Change to 3000 RM to create a 120 unit condominium on one lot at a residential density of approximately 12 dwelling units per acre was heard by the Planning Commistion. The proposal was approved by the Planning Commission with a requirement that prior to recording the Final Map, the applicant would revise the site plan and Tract Map to show single family lots along Brookside Avenue The district change has been adopted by the Board of Supervisors. The applicant is now submitting the revised maps showing 7 single family lots along the southern boundary of the property and a 94 unit condominil=. The project is proposed in two phases- the first phase to be the 94 unit condominium project on one lettered lot and the second phase being the 7 single family lots. As a condition of approval a district change from 3000 RM to RS for these lots will be required prior to the recorda- tion of Phase I. The applicant originally filed a General Plan Amendment to change the designation from RES 6 to RES 15 for the property. The amendment has been adopted by the Board of Supervisors. The proposed density is also similar with the density of the existing multiple residential project located on the east side of the site, across Bellevue Avenue. M The design of the condominium portion of the project generally consists of townhouse units, each having an attached two -car garage Private streets will provide internal circulation. Access from the property will occur at one point on Bellevue Avenue and at one point on Barton Road. Guest parking will be provided throughout the project with 50 spaces available. A decorative masonry wall will be installed in the west property line and between the single family lots on the south and the condominium units. Landscaping is to be provided throughout the project The original project was given a Mitigative Negative Declaration on February 9, 1982. The conditions of the Negative Declaration were 1. The project connect to City water and sewer or as otherwise agreed to by the City of Redlands and the Santa Ana Regional Water Quality Control Board. 2. Single family lots shall be designated for that portion of the site adjacent to Brookside. The conditions require that the developer acquire water and sewer service from the City of Redlands. The Subdivision Review Committee heard the revised project on June 29, 1982, and unanimously recommended approval subject to the attached conditions. FINDINGS: LARGE SCALE HOUSING PROJECT. 1. The Environmental Hearing Officer, on 2/9/81, determined that this project would have a non-significant effect on the environment, subject to the mitigation measures listed in the Analysis. r _I- ' I- I L tin ti D--- `i r -F 1 R Page 3 2. The proposed use is consistent with the General Plan because the graphic portion would permit up to fifteen (15) units per acre and the policies of the text portion permit a multiple family residen- tial pro)ect on this site. 3. The site is adequate in size and shape for the proposed use because of the ability to accommodate the proaect whale resolving any serious drainage, circulation and design concerns. 4. The site for the proposed use has adequate access because it enters on Barton Road and Bellevue Avenue, and the Homeowners Association will be responsible for the maintenance of the private street 5. The proposed use will not have an adverse effect on the use of sur- rounding property because the project incorporates mitigation measures to reduce any impact on adjacent uses and the General Plan would permit similar uses on the adjacent parcels 6. The design and layout of the proposed use is suitable because it is compatible with the surrounding circulation pattern and incor- porates features to conform with County Health and Safety Standards. FINDINGS: SUBDIVISION 1 The Environmental Hearing Officer, on 2/9/82, determined that this project would have a non-significant effect on the environment, sub3ect to the mitigation measures listed in the analysis. 2. The proposed map, design and improvement of this subdivision is consistent with the Consolidated General Plan because the graphic portion permits up to fifteen (15) dwelling units per acre and the policies of the text permit a multiple -family residential proaect. 3. This site is physically suitable for the proposed type and density of development because of compatibility with the surrounding area and the ability to resolve any serious drainage, design and circu- lation concerns. 4. The proposed subdivision design is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat because the initial study prepared for the project has shown that there will be no adverse impact to the natural environment. 5. The proposed subdivision design and improvement is not likely to cause serious public and safety health problems because the proposed conditions have shown and will assure that the tract conforms with County Health and Safety Standards Exhibit "B2" Page 3 of 15 o Page 4 6 The proposed subdivision design will not conflict with public ease- ments within or through the site because conditions have been included to insure non-interference with any existing public easements. RECOMMEN DAT ION 1 APPROVE LSH E81 -0103/E273-113 with 94 units, sub3ect to the attached conditions. 2. APPROVE Tentative Tract 12145, sub3ect to the attached conditions. 3 ADOPT the Negative Declaration. Exhibit "B2" Page 4 of 15 91 PROJECT • I acree with all conditions of ars r val recommended for this pro]ect at the �u/L�� .FZ_ Mee ing of the Subdivision Review Committee that are marked with a (✓). &--' Building and Safety Drainage Environmental Analysis _✓ Environmental Health ✓� Fire Warden Planning Roads E/_ Special Districts v Surveyor I understand that the following conditions will be modified or de- leted as indicated below. DEPARTMENT CONDITION I am in disagreement with the following conditions: DEPARTMENT CONDITION Signed Title t"-8"Q'v Date Attest STFVE WILSON, CHAIrRINIAN Subdivision Review - Exhibit "B2" Committee Paae 5 of 15 i SITE APPROVAL E273-113 (COUSSOULIS) REVISED MAP FOR 94 CONDOMINIUM UNITS CONDITIONS OF APPROVAL. PLANNING DEPARTMENT 1. This Site Approval shall become null and void. A) Unless all conditions have been complied with, and the occupancy or use of the land or existing structures authorized by such Site Approval has taken place within twenty-four (24) months after the approval of said Site Approval, B) Where circumstances beyond the control of the applicant cause delays which do not permit compliance with the time limitation established in this section, the Planning Director may grant an extension of time for a period of not to exceed an additional twenty-four (24) months Applications for such extension of time must set forth, in writing, the reasons for this extension and shall be filed together with a fee as established by the Board of Supervisors, with the Planning Department thirty (30) calendar days before the expiration of the Site Approval Building permits shall not be issued for purposes applied for until the following conditions have been met. 2. The Site Plan shall reflect the following - A) Garages shall be setback between five (5) and ten (10) feet from the edge of the interior streets. B) The edge of interior streets shall be defined. Curbed planters between garages shall be utilized to help define the edge of interior streets. C) 50 on-site guest parking spaces shall be provided throughout the pro3ect. D) A six (6) foot decorative block wall shall be required along the rear property lines of lots 95-101. 3. A Sign Plan shall be submitted to the Planning Department for review and approval showing types, size, location, type of construction and materials. 4 Tract Map 12145 shall be recorded prior to the issuance of building permits. Exhibit "B2" Page 6 of 15 ` Sub3ect property shall not be occupied and/or used for purposes applied for until the following conditions have been met• 5. If permanent refuse receptacles are used, they A) shall be adequately screened from view, landscaped and shall be inaccessible to dogs, cats, or vermin animals, and placed conveniently for collection Frequency of pickup shall be such as to prevent overflow and omission of odor. Enclosure for such facility shall be constructed of six (6) foot high decorative masonry wall and provided with solid wood gates. Enclosure shall have a minimum inside measurement of six (6) inch high wheel stops located one (1) inch from rear and side walls. Hose bibbs for maintenance shall be located within the enclosure 6 The premises shall be adequately lighted All intersections of interior roads, guest and recreation vehicle parking areas, all recreation areas, and around all buildings containing public facilities shall have lighting. Freestanding lighting shall be in keeping with the residential character 7. The Homeowners' Association shall be formed and shall be responsible for the maintenance of the common open space, recreation facilities, etc 8. Street parking shall be prohibited on all interior private streets except where parking bays are provided. Said streets shall be appropriately posted. 9 All parking areas shall be designated with clearly painted lines and equipped with wheel stops 10. All conditions of accompanying Tract No. 12145 shall apply to this Large Scale Housing Pro3ect. 11. The developer shall maintain the undeveloped portion of the road right-of-way on the S/W corner of Barton and Bellevue Road Tentative Tract 12145 must also be approved by the Planning Commission before this Large Scale Housing Project shall be considered approved. The conditions enumerated above are continuing conditions. Failure of the applicant and/or operator to comply with any or all of said conditions at any time shall result in the revocation of the permit granted to use the property. Prior tb any occupancy, a Certificate of Final Completion shall be issued by the Department of Building and Safety, after which an application shall be submitted to the Department of Environmental Health Services for a Certificate of Occupancy. Exhibit "B2" Page 7 of 15 TRACT 12145, 8 LOT SUBDIVISION (COUSSOULIS) CONDITIONS OF APPROVAL. BUILDING AND SAFETY: 1. A preliminary soil report, complying with the provisions of Ordinance 2159 shall be filed with and approved by the Director of Building and Safety prior to recordation of the final map 2. Grading plans to be submitted to and approved by the Building and Safety Department. 3. Obtain a demolition permit for building to be demolished. Under- ground structures must be broken in, backfilled and inspected before covering 4 Submit plans and obtain building permits for walls required by others. ENVIRONMENTAL HEALTH SERVICES 5. Sewage disposal shall be by connection to the City of Redlands. 6. The water purveyor shall be City of Redlands. 7 The following are the steps that must be completed to meet the requirements for installation and/or finance of the water system and/or sewer system. A) Where the system is to be installed prior to recordation, The water system, fire hydrants, and/or sewer system shall be installed in accordance with requirements of the State Health and Safety Code, and in accordance with plans approved by the water and/or sewering utility and the governing fire protec- tion authority. The plans shall be reviewed by a civil engineer, registered in the State of California, and contain required certificates and approval signatures. It is the developer's responsibility to submit to the Surveyor's Office, Land Development Divilson, a copy of the approved plan and a signed statement from the utility of 3urisdiction confirming that the improvement has been installed and accepted. -B) Where a bond is to be posted in lieu of installation of the improvement - 1) The domestic water plan and/or sewer plan which meets the requirements of the State Health and Safety Code shall be reviewed by a Civil Engineer, registered in the State of California, and approved by the water or sewering utility and the governing fire protection authority. The plans shall contain the required certificates and approval signa- tures. A copy of the approved plan shall be submitted to the Surveyor's Office, Land Development Division. Exhibit "S 2" Page 8 of 15 TRACT 12145 2) Said engineer shall determine the amount of bond necessary to install the improvements. a This amount plus ten percent shall be posted with the County of San Bernardino. A statement signed by the engineer stating that the amount of bond recommended is adequate to cover the cost of the amount of bond recommended is adequate to cover the cost of installa- tion of the improvement shall be included with the estimate and submitted to the Surveyor's Office, Land Development Division. b. Or, in cases where the water agency or sewering agency is a governmental subdivision, the bond in the amount of 110 percent of the cost of installation of the improvement may be placed with the agency. A signed statement from that agency stating that financial arrangements have been completed shall be submitted to the Surveyor's Office, Land Development Division 3) Prior to release of the bond for the improvement, the utility of jurisdiction shall submit a signed statement confirming that the improvement has been installed and meets the requirements of all appropriate State and County laws pertaining to such improvement. It is the developer's responsibility that such signed statement is filed with the Surveyor's Office, Land Development Division. FIRE WARDED. 8. Development shall provide for safe and ready access for fire and other emergency equipment, and for routes of escape which will safely handle evacuations. 9. Private roadways which exceed 150 feet in length shall be approved by the fire department, and shall be extended to within one hundred fifty (150) feet of, and shall give reasonable access to all portions of the exterior walls of the first story of any building An access road shall be provided within fifty (50) feet of all buildings if the natural grade between the access road and building is in excess of thirty percent (30%). Where the access roadway cannot be provided, approved fire protection system or systems shall be provided as required and approved by the fire department. 10. Roadways shall have a minimum vertical clearance of 13 feet 6 inches. 11. `A turnaround shall be provided at the end of each roadway, and shall be approved by the fire department. 12 All flammable vegetation shall be removed from each building site a minimum distance of 30 feet. 13. Each chimney used in conjunction with any fireplace or any heating appliance in which solid or liquid fuel is used shall be maintained with an approved spark arrester. Exhibit "B2" Page 9 of 15 TRACT 12145 �y 14 The street address shall be posted with a minimum of three-inch numbers, visible from the street, in accordance with San Bernardino County Ordinance 2108, prior to occupancy. 15. All new construction shall comply with applicable sections of the Uniform Fire Code. 16. The developer or his engineer shall furnish the County Fire Warden with two copies of water system improvement plans where fire pro- tection water systems are required. 17. The fire protection water systems shall be approved by the San Bernardino County Fire Warden prior to the installation of said systems The following are minimum standards for your proposed development. All fare flow requirements are over and above the average daily consumption of water, and the minimum residual pressure shall be 20 psi. A. System Standards Fire Flow Duration Hydrant spacing B. Distribution Svstem Mains Laterals Riser C. Fire Hudrants Hydrant Street valve 1000 G.P.M. 3 hour (s) 330 feet 6 inch minimum 6 inch minimum 6 inch minimum 6 inch with 2 - 2' inch outlet(s) with National Standard threads and with 1 - 4 inch pumper connection. 6 inch gate PLANNING DEPARTMENT: 18. A commitment shall be obtained, in writing, from the sewering agency. Said commitment to indicate that the agency has the capacity to furnish said sewer service to the subject pro3ect, and that all necessary arrangements have been made with said agency to supply such services. A copy of the commitment to be filed with the Planning Department. 19. Sidewalks shall be provided throughout the tract including all peripheral streets. 20. Developer shall provide for street lighting within the tract as follows: A) low intensity, energy-efficient street lights at all intersections B) prior to recordation, the tract shall be annexed to the appropriate district to provide street light maintenance. Exhibit "B2" Page 10 of 15 4 OP s `I TRACT 12145 21. Obtain a letter of non-interference from any utility company that may have rights of easement within the property boundaries. 22 Easements of record not shown on the tentative map shall be relinquished or relocated Units affected by proposgd easements or easements of record, which cannot be relinquished or relocated shall be redesigned. 23. Utility lines shall be placed underground in accordance with the requirements County Ordinance. 24. A final grading plan shall be required Said grading plan shall be submitted to the Department of Building and Safety for review and approval. All on --site cut and fall slopes shall. A) be limited to a maximum slope ratio of 2 to 1 Setbacks from the top and bottom of slopes shall be a minimum of one-half the slope height. B) be contour -graded to blend with existing natural contours C) be a part of the downhill lot when within or between individual lots. 25. A copy of the final grading plan, approved by Building and Safety Department, shall be submitted to the Planning Department. 26. Three (3) copies of a Landscaping Plan shall be submitted for Planning Department review and approval. Said Landscape Plan shall include the following. A) The required slope planting. Slope planting shall be required for the surface of all cut slopes more than five (5) feet in height and fill slopes more than three (3) feet in height. Said slopes shall be protected against damage by erosion by planting with grass or ground cover plants. Slopes exceeding fifteen (15) feet in vertical height shall also be planted with shrubs, spaced at not to exceed ten (10) feet on centers; or trees, spaced at not to exceed twenty (20) feet on centers; or a combination of shrubs and trees as cover plants. The plants selected and planting methods used shall be suitable for the soil and climatic conditions of the site. Trees 10% 15 gal., 40% 5 gal.; 50% 1 gal. Shrubs 20% 5 gal., 80% 1 gal. Ground cover 100% coverage. B) The required street trees. C) All required walls. All decorative walls shall be designed and constructed to incorporate design features such as tree planter wells, variable setback, split block face, columns, or other such features to provide visual and physical relief along the wall face. 27 Three (3) copies of an irrigation plan shall be submitted for Planning Department review and approval when slope planting as Exhibit "B2 IT Page 11 of 15 T?iCT 12145 r required. Slopes required to be planted shall be provided with an approved system of irrigation, designed to cover all portions of the slope. A functional test of the system may be required. The maintenance of graded slopes and landscaped areas shall be the responsibility of the developer until the transfer to individual ownership or until the maintenance is officially assumed by a County Service Area. All irrigation systems, where required, shall be designed on an individual lot basis unless commonly maintained in an approved manner. 28. A 25 foot building setback from Barton Road, Bellevue Avenue and Brookside Avenue shall be delineated on the final map 29. All landscaping and irrigation shown on the approved landscape and irrigation plans, all private streets, the recreational facilities, interior sidewalks and street lighting and the required walls shall be completed or suitable bonds posted for their completion. 30. A decorative masonry wall at least 6 foot in height shall be installed along the west property line of the site, excepting the north 208 feet. Within the front yard building setback, said fence shall be reduced to 4 foot in height. 31. Along interior and public streets, a minimum number of one inch caliper/15 gallon, multi -branched trees shall be planted on forty -foot centers, where possible. 32. The Homeowners' Association By -Laws and Declaration of Covenants, Conditions and Restrictions shall be reviewed by the Planning Department. Said documents shall include maintenance of the common areas, recreation facilities, sidewalks, landscaping, walls, parkways, private streets and slope areas. 33 The interior streets shall be designed to PUD standards. 34. Prior to recordation, the applicant shall resolve the written concerns of the Southern California Edison Company, dated January 28, 1982 Said resolution shall be confirmed in writing by the Southern California Edison Company. 35. The most easterly access driveway of Tentative Tract 12144, that enters onto Barton Road, shall be installed and connected prior to, or concurrent with, the circulation system of Tentative Tract 12145 36. _The following building setback lines shall be delineated on the final tract map for Phase II: A) A variable front yard building setback line of at least twenty-two (22) feet and averaging at least twenty-five (25) feet. B) Aside yard building setback line of at least fifteen (15) feet ad3acent to side streets on corner lots Exhibit "B2" Page 12 of 15 TRACT 12145 37. A minimum of one -inch caliper/15 gallon, multi -branched trees shall be planted on the lot adjacent to the street right-of-way for each of the following types of lots: A) Cul-de-sac lot - 1 tree; B) Interior lot - 2 trees; C) Corner lot - 3 trees. The variety of tree to be provided is subject to County approval and to be maintained by the property owner. 38 The developer shall petition the County Transportation Department to have Brookside Avenue striped as "NO PARKING" 39. Along Brookside Avenue, the landscape plan shall be increased by 10% above the other street frontage landscaping. 40. Prior to recordation, the developer shall submit to the Planning Department a letter from the City of Redlands certifying that the pro3ect has an allocation and will receive water and sewer service from the City of Redlands. 41. The excess right-of-way on the west side of the original center- line of Bellevue shall be vacated prior to the recordation of the final tract map. 42. Prior to the recordation of Phase #1, a Ze;:te Change application S shall be filed, reviewed and approved to rezone lots #1-7 of �- Phase II to R, -r Approval of the Tentative Tract Map by the Planning Commission shall not constitute a commitment that the Board of Supervisors shall act favorably on the Zone Change, nor give the applicant any vested right to pursue the Tentative Tract to recordation should the Zone Change not gain Board approval. SURVEYOR'S, LAND DEVELOPMENT DIVISION DRAINAGE SECTION: 43 Adequate provisions shall be made to intercept and conduct the offsite tributary drainage flow around or through the site in a manner which will not adversely affect adjacent or downstream properties. 44 The developer's engineer shall investigate any existing downstream drainage problems and provide this office with a detailed drain- age analysis showing how he proposes to handle the drainage flows _from and through the site without adversely effecting adjacent or downstream properties. If the applicant cannot solve downstream problems at the improvement stage, then a revised map will be required. 45. Adequate San Bernardino County Drainage Easements (Minimum 15' wide) shall be provided over the drainage facilities. The easements shall be designed to contain the 100 -year frequency storm flow plus bulking and freeboard per County Standard Criteria. Exhibit "B2" Page 13 of 15 I'F ACT ] 214 5 •� 46. Flowage easements or San Bernardino County Drainage Easements shall be obtained where diversion or concentration of runoff from the site or drainage facilities dewaters onto private property. 47. Grading plans shall be submitted to this office for review, if applicable. ' 48. Permanent drainage improvements will be required to intercept and conduct the larger drainage flows through or around the site in an approved manner 49 In addition to the Drainage Requirements stated herein, other "on- site" or "off-site" improvements may be required which cannot be determined from tentative plans at this time and would have to be reviewed after more complete improvement plans and profiles have been submitted to this office 50 The developer's engineer shall determine the adequacy of the existing culverts under Barton Road. The developer's engineer shall also analyze the effect the increased runoff from this development shall have on downstream properties SURVEYOR'S LAND DEVELOPMENT DIVISION ROAD SECTION 51. Roads within this development shall not be entered into the County Maintained Road System. 52. Road sections bordering the tract shall be designed and constructed to Valley Road Standards of San Bernardino County, and to the policies and requirements of the County Transportation Department with curb, gutter and sidewalk. Brookside and Bellevue shall be designed to standards per City of Redlands Barton Road to be 60 -foot half -width right-of-way and 44 -foot half -width curb separation. 53. Any grading within the road right-of-way prior to the signing of the improvement plans shall be accomplished under the direction of a Soil Testing Engineer. Compaction tests of embankment construction, trench backfill, and all subgrades shall be performed at no cost to San Bernardino County and a written report shall be submitted to the Contracts Division prior to any placement of base materials and/or paving 54. Final plans and profiles shall indicate the location of any existing utility facility which would affect construction. 55. Slope rights shall be dedicated on the final tract map where necessary. 56. A thorough evaluation of the structural road section, to include parkway improvements, from a qualified materials engineer, shall be submitted to Transportation Department. Exhibit "B2" Wage 14 of 15 TRACT 12145 57. Vehicular access rights shall be dedicated on Barton Road. 58. Existing County roads which will require reconstruction shall remain open for traffic at all times, with adequate detours, during actual construction. A cash deposit shall be made to cover the cost of grading and paving prior to recordation of the tract map. Upon completion of the grading and paving to the satisfaction of the Transportation Department, the cash deposit may be refunded. 59. All road names shall be coordinated with County Transportation Department, Traffic Division 60 Trees, irrigation systems, and landscaping small not be installed on public right-of-way. 61. An encroachment permit, or authorized clearance, shall be obtained from the County Transportation Department prior to issuance of a grading permit by the Department of Building and Safety. 62. Street type entrances shall be required to the tract. 63. Existing utility poles shall be shown on the improvement plans and relocated as necessary without cost to the County. 64. Removal of existing shrubbery and grading shall be accomplished at the intersection of Bellevue and Brookside as necessary to achieve acceptable sight distance. 65 Traffic signals at Alabama (at tract entrance) and Barton Road shall be modified to provide for two-way traffic with provision for left turn. 66 Tract map shall be revised to show disposition of right-of-way and drainage at intersection of Bellevur and Barton Road and northwest tract boundary. 67. Show typical road section on tentative map. 68. Two points of vehicular ingress and egress shall be provided to this tract. Exhibit "B2'e Page 15 of 15 PLANS AND SPECIFICATIONS (to follow) (Exhibit "C") (Page 1 of 1)