HomeMy WebLinkAboutContracts & Agreements_49-1997_CCv0001.pdf county of
Recorded it l offi,-.ia! Recoros, Recorder
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. dino, Errol J, Mackum'
San Be
requested by
NO Fee 19970209682
Recording Doc No .
and when recorded mail to: 2 ' 41PM o6/ 12197
City Clerk 205 200s0904 02 15
City of Redlands 1 2 3 4 5 6 7 a
P. O. Box 3005 PG FEE APF Gims PH CPY CRT CPY ADD NM PEN Pit COR
Redlands, CA 92373 6 1
NON ST L SVY Gil CO , TRANS TAX DA I CHRG EXAM
AGREEMENT FOR ANNEXATION AND PROVISION
OF CITY UTILITY SERVICES
This Agreement :for Annexation and Provision of City Utility Services ("Agreement") is
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made and entered into this 3rd day of June, 1997, by and between the City of Redlands,a municipal
corporation organized and existing under the laws of the State of California("City") and Marilyn
J. Burchill who erroneously took title as Marilyn J. Burchill and Marilyn L. Burchill, a married
woman, as their interests may appear, ("Developer"). The City and Developer are sometimes
collectively referred to herein as the "Parties."
RECITALS
WHEREAS, to provide for orderly planning, the City (1) has the authority pursuant to
Government Code Sections 65300 and 65301 to include in its General Plan property outside its
boundaries which is in the City's sphere of influence or which in the City's judgment bears a relation
to its strategic planning, and(2)also has the authority pursuant to Government Code Section 65859
to pre-zone property within its sphere of influence for the purpose of determining the zoning
designation that will apply to such property in the event of a subsequent annexation of the property
DJM3078LU
to the City; and
WHEREAS, Developer is the fee owner of approximately 13.33 acres of real property
located in unincorporated area within the City's sphere of influence (the "Property") which
Developer intends to develop as a single-family residential development; and
WHEREAS, Developer has obtained approval from the County of Tentative Tract No.
15602 for the Property which would permit the Property to be subdivided for 5 single-family lots
at a density of I unit for every 2.67 acres (the "Project"); and
WHEREAS, Government Code Section 56133 authorizes the City to provide new or
extended services by contract outside its jurisdictional boundaries if it first receives written approval
from the Local Agency Formation Commission ("LAFCO"), and provides that LAFCO may
authorize the City to provide such services within the City's sphere of influence in anticipation of
a later change of organization; and
WHEREAS, Chapter 13.60 of the Redlands Municipal code establishes policies and
procedures for the approval of City utility services to development located within the City's sphere
of influence and requires among other things, the owner of the property to be served to enter into an
agreement and record the same in the official records of the COLinty requiring the owner to aimex the
property to the City upon certain conditions: and
MM3078LE,
WHEREAS,the City has prepared a General Plan for the unincorporated area in which the
Property is located to provide for the orderly planning of such area and has determined that the
proposed development of the Property,,in accordance with Tentative Tract No. 15602,is consistent
�vith the goals and policies of the City's General Plan; and
WHEREAS, it is the policy and goal of the City to discourage and not facilitate
development in the City's sphere of influence which fails to comply with the City's General Plan by
refusing to extend-utility services in such instances; and
WHEREAS.,pursuant to the requirements of Chapter 13.60 of the Redlands Municipal Code
and in consideration for the City's agreement to extend utility services outside its jurisdictional
boundaries to the Property, this Agreement provides assurances to the City that development of the
Property will occur in accordance with the existing development approvals and that the Property
shall be amexed to the City in accordance with this Agreement's terms,provisions and conditions;
NOW,THEREFORE,in consideration of the mutual covenants contained herein and other
good and valuable consideration,the receipt of which is hereby acknowledg4 the City of Redlands
and Marilyn I Burchill agree as follows:
A-GREEMI
14 RgLiW& The foregoing recitals are true and correct.
2. Dg�i 'ons. The follo-vving terms when used in this Agreement shall have the
3
DJM3078LE
meanings ascribed to them:
a. "Agreement" means this Preannexation Agreement.
b. "Annexation" means the procedure for a change of organization or reorganization
set forth in the Cortese-Knox Local Government Reorganization Act of 1.905 (Government Code
sections 56000 et. se
c. "City" means the City of Redlands, a municipal corporation including its City
Council, officers and employees.
d. "Comity" means the County of San Bernardino.
e. "Developer" means Marilyn J. Burchill, and her successors-in-interest to all or
any part of the property, heirs, executors and assigns.
f. "Project" means the improvement of the Property for the purposes of constructing
a five lot residential development pursuant to the existing project approvals.
g. "Existing Project Approvals" means Tentative Tract No.15602, its conditions of
approval issued by the County of San Bernardino as of the effective date of this Agreement and as
described in Exhibit"A" attached hereto and incorporated herein by this reference,and those certain
project approvals in effect as of the effective date of this Agreement with respect to the Property.
h. "Property"means the real property owned by Developer which is more particularly
described in Exhibit "B"attached hereto and incorporated herein by this reference.
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1. Agreement to Annex. In consideration of the City's agreement to provide City'water
and sewer services to the Property, Developer hereby irrevocably consents to annexation of the
Property to City and agrees it shall take any and all reasonable and necessary actions, and fully and
DA13078LE, 4
------------- in good faith cooperate with City, to cause the annexation of the Property to the City.
4. Recordation. In entering into this Agreement,Developer and the City acknowledge
and agree that, among other things, it is the express intention of the Parties that any and all
successors in interest,assigns, heirs and executors of Developer have actual and constructive notice
of Developer's obligations under and the benefits and burdens of, this Agreement. Therefore, this
Agreement and any amendments hereof, shall be recorded in the official records of the County of
San Bernardino. Developer further agrees that City shall, at the sole cost of Developer, have the
right to cause the recordation of this Agreement prior to and as a condition of Developer's obtaining
approval of. and recording, a final subdivision map for Tentative Tract No. 15602.
5. Breach/Failure to Annex In the event Developer fails to comply with its
obligations under this Agreement,the City shall have the right to cease the provision of City utility
services to the Property. This right shall be in addition to any other legal or equitable relief available
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to the City.
6. Not a Partnership. The Parties specifically acknowledge that the Project is a private
development-that neither party is acting as the agent of the other in any respect hereunder, and that
each party is an independent contracting entity with respect to the terms, covenants and conditions
contained in this Agreement. No partnership, joint-venture or other association of any kind is
formed by this Agreement. The only relationship between the City and Developer is that of a
governmental entity regulating the development of private property and the owner of such property.
[)JM'10781, 5
T La-d-mDaly.and_Cpat or Litigatron
AHold Harmless - Project. Developer agrees to and shall hold the City, its
elected officials,officers, agents and employees harmless from liability for damage or claims for
damage for personal injury,including death,and claims for property damage which may arise from
the operations,errors,or omissions of Developer or those of its contractors,subcontractors, agents,
employees or any other persons acting on Develop&s behalf which relate to the Project. Developer
agrees to and shall defend, indemnify and hold harmless the City, its elected officials, officers,
agents, employees and representatives from actions for damages caused or alleged to have been
caused by reason of-Developer's acts, errors or omissions in connection with the Project.
-
This hold harmless agreement applies to all damages and claims for damages suffered
or alleged to have been suffered by reason of Developer's or its representatives acts, errors or
omissions regardless of whether or not the City supplied, prepared or approved plans or
specifications relating to the Project and regardless of whether or not any insurance policies of
Developer relating to the Project are applicable.
R Third Party Litigation Concerning Agreement. Developer shall defend,at its
expense, including attorneys' fees, indemnify and hold harmless the City, its elected officials,
officers,agents and employees from any claim,action or proceeding against any of them to attack,
set aside,void or annul the approval of this Agreement or the approval of any permit or entitlement
granted in fiirtherance of this Agreement. The City, may, in its sole discretion,participate in the
defense of any such claim,action or proceeding.
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DJN13078LE
C. Environmental Assurances. Developer shall indemnify and hold the City, its
elected officials, officers, employees and agents free and harmless from any liability, based or
asserted, upon any act or omission of Developer, its officers, agents, employees, contractors,
subcontractors,predecessors-in-interest, successors and assigns for any violation of any federal, state
or local law, ordinance or regulation relating to industrial hygiene. solid or hazardous waste or to
environmental conditions on, under or about the Property. Said violations shall include, but not be
limited to, soil and groundwater conditions, and Developer shall defend, at its expense, including
attorneys'fees,the City, its elected officials, officers, employees and agents in any action based or
asserted upon any such alleged act or omission. The City, may, in its discretion,participate in the
defense of any such action.
8. Mortgagee Protection. The Parties hereto agree that this Agreement shall not prevent
or limit Developer, in any manner, at Developer's sole discretion, from encumbering the Property
or any portion thereof or any improvement thereon by any mortgage, deed of trust,or other security
device securing financing with respect to the Property. The City acknowledges that the lenders
providing such financing may require certain Agreement interpretations and modifications and
agrees upon request,from time to time, to meet with Developer and representatives of such lenders
to negotiate in good faith any such request for interpretation or modification. The City will not
unreasonably withhold its consent to any such requested interpretation or modification provided such
interpretation or modification is consistent with the intent and purposes of this Agreement.
Developer shall reimburse the City for any and all of the City's reasonable costs associated with said
negotiations, interpretations, and modifications and shall make reimbursement payments to the City
WMI0781-F. 7
within thirty (30)days of receipt of an invoice from the City.
Any mortgagee of the Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall
defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good
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faith and for value, unless otherwise required by law.
(b) The mortgagee of any mortgage or deed of trust encumbering the Property,
or any part thereof, which mortgagee has submitted a request in writing to the City in the manner
specified herein for giving notices, shall be entitled to receive written notification from the City of
any default by the Developer in the performance of the Developer's obligations under this
Agreement.
(c) If the City timely receives a request from a mortgagee requesting a copy of
any notice of default given to Developer under the terms of this Agreement, the City shall provide
a copy of that notice to the mortgagee within ten (10) days of sending, the notice of default to
Developer. The mortgagee shall have the right., but not the obligation,to cure the default during the
remaining cure period allowed such under this Agreement.
(d) Any mortgagee who comes into possession of the Property, or any part
thereof,pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure,
shall take, the Property,or part thereof, subject to the terms of this Agreement. Notwithstanding any
other provision of this Agreement to the contrary, no mortgagee shall have the obligation or duty
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under this Agreement to perform any of Developer's obligations or other affirmative covenants of
Developer hereunder, or to guarantee such performance., provided however, that to the extent that
I)JMI()-"81,E 8
any covenant to beby erformed Developer is a condition precedent to the performance of a
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covenant by the City,the performance thereof shall continue to be a condition precedent to the City's
performance hereunder, and further provided that any sale,transfer or assignment by any mortgagee
in possession shall be subject to the provisions of this Agreement.
(e) Any mortgagee who comes into possession of the Property, or any portion
thereof, pursuant to subsection(d)above and who elects not to assume the obligations of Developer
set forth herein shall not be entitled to any rights to develop which have or may have vested as a
result of this Agreement.
9. Section Headings., All section headings and sub-headings are inserted for
convenience only and shall not affect any construction or interpretation of this Agreement.
10. Governing Law. This Agreement and any dispute arising hereunder shall be governed
by and construed in accordance with the laws of the State of California,
11. Attornevs' Fees. In the event any action is commenced to enforce or interpret the
terms or conditions of this Agreement the prevailing party shall, in addition to any costs and other
relief, be entitled to the recovery of its reasonable attorneys' fees.
12. Binding Effect. The burdens of this Agreement bind and the benefits of this
Agreement inure to the successors in interest of the Parties hereto.
DAM30781,171, 9
13 Authoritv to Execute. The person or persons executing this Agreement in behalf of
Developer warrant and represent that they have the authority to execute this Agreement on behalf
of the legal, fee title owner of the Property.
14. Entire Agreement. This Agreement sets forth and contains the entire understanding
and agreement of the parties as to the matters contained herein, and there are no oral or written
representations, understandings or ancillary covenants or agreements which are not contained or
expressly referenced herein, and no testimony or evidence of any such representations,
understandings or covenants shall be admissible in any preceding of any kind or nature to interpret
or determine the terms or conditions of this Agreement.
DEVELOPER:
Subscribed and SWOM to before me 'this
14arilyn J. ur , *1 day of
19
A
OtarY Public
-a county of san owgo
CITY OF REDLANDS State of CaRoomw
I ayor TAMMY S. L0WR1M0RE I
Okftl #1102428
NOTARY PUBLIC-CALIFORNIA
SAN DIEGO COUNTY
My 0—r' Exp.Jume 23,2000 11
ATTEST:
Cit Jerk
10
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code,
and Chapter 2, Division 3, Section 40814, of the California Government Code, on June 3, 1997,
before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the
City of Redlands, California, personally appeared Swen Larson and Lorrie Poyzer
{ X} personally known to me - or - t I proved to me on the basis of satisfactory evidence to
be the persons whose names) are subscribed to the within instrument and acknowledged to me
that they executed the same in their authorized capacities and that by their signatures on the
instrument the persons, or the entity upon behalf of which the persons acted, executed the
instrument.
A E.D % WITNESS my hand and official seal.
LORRIE POYZER, CITY CLERK
Z
18W
0
IFO Beatrice Sanchez, Deputy City Cler�k��
M"I (909)798-7531
- - - - - - - - - -- - - - - - -- - - - - -- - - - - -- - - - - - - - - --
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneself/themselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Tnistee(s)
Trust
X4 Other
Title(s) Mayor and City Clerk
Entity Represented City of Redlands
-- - - - - - - - - - - - - - - - - - --- - - - - - - - - - - - - - - - - - - - -
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document.: Aizreenient for Annexation and Pryision of .its utility Svces
Number of Pages io Date of Document June 3, 1997
Signer(s) OtherThan Named Above Marilyn J. Burchill
CALIFORNIA NOTARY ACKNOWLEDGMENT
Mate of California
��r ss
County of �.
On, before me, (here insert name & title of the officer),
personally appe red h7/ /r/,//,//') : % , personally
known to me (or proved to rime + jf the basis of satisfactory evidence) to be the
person{ whose name, are ,subscribed to the within instrument and
acknowledged to me that he/hthey executed the same in his"heir
authorized ca aeity and that by his/ er , heir signaturesfon the instrument
the personjaf, or the entity upon behalf of which the personXacted, executed
the instrument.
WITNESS my Band and official seal �
TAMMY S, LOWRIMORE
:OFA.#1102428
NOTAW�PUBLIC-CALIFORNIA
AN DIEGO COUNTY
My C rnm.Exp.June 235 2005
J
fl
(This area for official notarial seal)
01-19881-123 rec'xfonnslex amt acknow
EXHIBIT "A"
BURCHMI,Marilyn J. -Crafton Page I of 11 Pages
GPA/93-0019/E309-114
SUB/93-0020/E309-114/TR 15602
CONDITIONS OF APPROVAL
July 11, 1994
PRIOR TO ISSUANCE OF FINAL CONDITIONS OF APPROVAL, THE FOLLOWING
CONDITIONS OF APPROVAL SHALL BE MET:
PLANhMffi DEPARTMENT; (29%3874165
1. The applicant shall pay a fee of$1,250.00 to the Department of Fish and Game pursuant
to California State Assembly Bill 3158. The fee shall be submitted to the Clerk of the
Board of Supervisors upon filing of the Notice of Determination along with any filing fee
required by the Clerk. The applicant should be aware that Section 21089(b) of the Public
Resources Code provides that any project approved under CEQA is not operative, vested
or final until the required fee is paid. Proof of fee payment may be required prior to
recordation.
GENERAL REQUIREMENTS/ON-GOING CONDITIONS
PLANNING DEPARTMENT (209 3874165
1. These Conditions of Approval shall apply to:
Tentative Tract#15642, a six(6)lot subdivision on 12.29 acres.
2. The applicant shall agree to defend at their sole expense any action brought against the
County, its agents, officers, or employees, because of the issuance of such approval in
compliance with San Bernardino County Ordinance #2684. The applicant shall
reimburse the County, its agents,officers, or employees, for any court costs and attorney's
fees which the County, its agents, officers, or employees may be required by a court to
pay as a result of such action. The County may, at its sole discretion, participate at its
own expense in the defense of any such action but such participation shall not relieve
applicant of his obligation under this condition.
3. Development impact fees are being developed and are proposed for implementation by
the County for various infiustructure and capital facilities needs generated by new
development These fees will provide for various capital facilities, including, but not
limited to, roads, libraries, museums, parks (local and regional), open space, flood
control, drainage, water, sewer, courts,jails, other law enforcement facilities, fire fighting
facilities and equipment and geographic mapping database development. This project
shall be subject to all such development impact fees which are in effect prior to the
SrM SPECIRC I NON-STANDARD CONDMONS
ENVIRONMWrAL WnGATION MEASURES/COMMONS
BURCHUA,Marilyn J. -Crafton Page 2 of 11 Pages
GPA/93-00191 E309-114
SUB/93-0020/E309-114/TR 15602
CONDITIONS OF APPROVAL
July 11, 1994
issuance of final development permits. The exact timing and applicability of the fees will
be determined by the ordinance or other action which establishes the fee.
4. All lots within this Tentative Tract are proposed for development as a lot sales only
subdivision / Tract. Grading will take place on a lot by lot basis only, and the specific
conditions of approval for portions of the project are reflective of this. If multi-lot
grading is proposed at a future date resulting in slopes exceeding five (5) feet of cut or
three (3) feet of fill, the applicant shall apply for a revision to the Tract so that the
conditions of approval and environmental review may be re-examined and revised as
necessary.
*NOTE: If the applicant(s) / owner(s) require a revision after the approval is granted, a
Revision to an Approved Action application, along with the required processing
fee, shall be required to be submitted to the Planning Department for review and
approval. This application shall be submitted prior to implementation of any
revisions to the approved project document(s)/plan(s).
5. The applicant shall ascertain and comply with requirements of all Federal, State, County
and local agencies as are applicable to the project area. They may include, but are not
limited to: the U.S. Department of the Interior - Fish & Wildlife Service, State Fish &
Game Department, California Department of Transportation (CalTrans), the County
Departments of Environmental Health Services (DEHS), Surveyor/Land Development
Engineering - Roads/Drainage Divisions, Transportation/Flood Control, Building and
Safety, Forestry and Fire Warden / Fire Agency / Fire Authority, and/or the State Fire
Marshal,et al.
*6. Refuse disposal service shall be provided by a DEHS approved and permitted waste
hauler, for any phase of development, including initial construction and any related
debris. All refuse generated by construction activities during any phase of development
shall be removed within thirty (30) days after completion of the prescribed activities.
*7. If any historic or prehistoric resources are encountered during any phase of construction,
grading or development, the owner/developer shall contact the County Museum and
temporarily halt grading/demolition until such time as those resources are evaluated for
significance and appropriate mitigation measures are formulated.
SITE SPECIFIC/NON-STANDARD CONDITIONS
ENVIRONMENTAL MITIGATION MEASURES/CONDITIONS
BURCHILI,Marilyn J. -Crafton Page 3 of 11 Pages
GPA 193-0019/E309-114
SUB 193-MO 1 E309-114 J71R 15602
CONDITIONS OF APPROVAL
July 11, 1994
PRIOR TO RECORDATION OF THE FINAL MAP, THE FOLLOWING CONDITIONS
OF APPROVAL SHALL BE MET:
FORESTRY AND FIRE WARDEN 12EPARIMENI: (909)38L-4212
Forestry and Fire Warden Department-File Reference Number: . 5
The following fire protection guidelines shall apply to this project. Please have the
Engineer and/or Architect contact the Fire Agency for specific standard requirements
prior to design.
8. Water systems designed to meet the required fire flow of this development shall be
approved by the fire department having jurisdiction. The developer shall furnish the fire
department with two (2) copies of the water system improvement plan(s) for approval.
The water systems shall be operational and approved by the fire department prior to any
framing construction occurring. The required fire flow shall be determined by the
appropriate calculations, using the "Guide for the Determination of Fire Flow". Water
systems shall have a minimum of eight inch(8")mains, six inch(6)risers.
*LOTS: The Required fire flow is 59 GpM tested at 20 PSI
9. Private road maintenance, including but not limited to grading and snow removal, shall
be provided. Written documentation shall be submitted to the fire department having
jurisdiction. Private fire access roads shall provide an all weather surface with a
minimum paving width of twenty feet(20').
10. This development shall comply with Fire Safety overlay conditions as adopted in County
Ordinance Number 3341. The development is located in County Fire Review Area E&I.
l 1. Walnut Street shall be designed and constructed to Valle; Road Standards to include
eight inch (8') curb and guttm and to Read Standards of San Bernardino County, and to
the policies and: requirements of the County Transportation/Flood Control Department
and in accordance with the Master Plan of Highways.
1 . 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, an all subgrades shall be performed at no
cost to the County and a written report shall be submitted to the Contracts Division of the
srrrE sPEciRo r NON-STANDARD cotaornoNs
•"
ENVIRONMENrAL Mm+GA'n0N MEASURES/CONDMONS
BURCMLIL,Marilyn J. -Cratton Page 4 of 11 Pages
GPA 193-0019/E309-114
SUB 193-0020/E309-114 nR 15602
CONDITIONS OF APPROVAL
July 11, 1994
Transportation/Flood Control Department, prior to any placement of base materials
and/or paving.
13. Final plans and profiles shall indicate the location of any existing utility facility which
would affect construction.
14. Slope rights shall be dedicated on the Final Tract Map where necessary.
15. A thorough evaluation of the structural road section, to include parkway improvements,
from a qualified materials engineer, shall be submitted to the Transportation/Flood
Control Department.
16. 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/Flood
Control Department,the cash deposit may be refunded.
17. An encroachment permit, or authorized clearance, shall be obtained from the County
Transportation/Flood Control Department prior to the issuance of grading permit(s) by
the Building and Safety Department.
18. All required public road and drainage improvements shall be bonded in accordance with
County Development Code unless constructed and approved prior to recordation of the
Final Map.
19. Existing utility poles shall be shown on the improvement plans and relocated as necessary
without cost to the County.
20, The developer shall make a good faith effort to acquire the required off-site property
interests, and if he/she should fail to do so, the developer shall, at least 120 days prior to
submittal of the final map for approval, enter into an agreement to complete the
improvements, pursuant to Government Code Section 66462, at such time as the County
acquires the property interests required for the improvements. Such an agreement shall
provide for payment by the developer of all costs incurred by the County to acquire the
off-site property interests required in connection with the subdivision. Security for a
portion of these costs shall be in the form of a cash deposit in the amount given in an
appraisal report obtained by the developer at the developers' cost. The appraiser shall
have been approved by the County prior to commencement of the appraisal.
• srrE SPEC "[C/NON-STANDARD CONDITIONS
•iNl,IRONMENTAL MrnGATioN MEASURES/CONDITIONS
BURCML4 Marilyn j -Crafit€an Page 5 of 11 Nges
1'A 19 19 t114
SUB/9 I t14 15602
COND17IONS OF APPROVAL
July 11, 1994
21 Right-Of-wIy and improvements (including Off=site) to transition traffic and drainage
flows posed to existing, l be required as necessary.
22, Trees, ' h systems, and landscaping required to be installed €n
be maintained
right-of*way
W1111m this tract h shall
" ed by ether thall, theT tion and
Fl C Department,ep nt d l be a specified in Country Transportation/Flood
o
Control standards for tree planting or any subsequent ordinance. Maintenance procedures
acceptable to the Transportation and Florid Control Department shall be instituted prior to
Q1 BEEA
*23: The -develnPer shall be required to contribute to the 'Yucaipa Am Transportation
Facilities Plan at the time of issuance of building permits. ci 49/0 91 T
24" 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 erect adjacent or
'
do am properties.
25. The nature drainage courses should not be occupied or obstructed and should be left in
their natural state as much as passible. Adequate building setback lines shall be
established to preclude the construction of any structures in the ovefflow, area of the
drainagenatural courses. In the event construction is required in established flood
OverflOW arew, structures will be elevated above the determined flood stage levels in an
approvedmanner which will neither impede nor deflect flood flows.
26All lob Should drain to street& If lets do not drain to the streets, the mss-lot drainage
will be reviewed by the Building and Safety Department under various or&mces
involvecL
27. Flowage easements or San Bernardino County DrainageEasements ` I be obtained
where diversion ncen tion of runoff from the site or drainage flicilities dewaters
onto Private property,
28. Grading Plans shall be submitted to this office for review.
29, Sixth Ave=sW be designed as a water-carrying street and its water-carrying capacity
shall be maintained. The south shoulder area of Sixth Avenue shall be improved with an
SUESPECIMINCIMAIDMONS
BURCHIELU Marilyn I -Crafton Page 6 of 11 Pages
GPA 193-0019/E309-114
SUB 193-0020/E309-114 7M 15602
CONDITIONS OF APPROVAL
July 11, 1994
A.C. shoulder and berm from Walnut Street west to the existing pipe under Sixth Avenue,
a distance of approximately 500 feet. The 12" RCP under Walnut Street shall be removed
and replaced with a 24"CMP and drop inlet.
30. In addition to Drainage requirements stated herein, other onsite or offsite improvements
may be required which cannot be determined from the tentative plans at this time and
would have to be reviewed after more complete improvement plans and profiles have
been submitted to this office.
DEPARTNTM OF BUILDIN!G &SAEEn: (209,3 742
31. A Preliminary Soils Report shall be filed with and approved by the Building and Safety
Official prior to grading or recordation of the final map. A fee to cover the costs of the
review shall be submitted with the report.
32. The County's policy for lot sales projects is that prior to recordation, each planned lot
must be shown to be buildable. This means that the level of effort for Geological and
Geotechnical Investigations must include not only roadways and slopes, but driveways
and lot pads, ensuring that any instability problems on or across lots are properly
addressed. This policy requires the developers to ensure the constructability of each lot
prior to recordation of that lot. This means that each lot must be buildable when it is
recorded. If the lot is threatened by any potential geologic or geotechnical problem, it
may not be recorded until the problem is properly mitigated.
DEPARTMENT OF EXURONAHNEAL HEALTH SERYICES (12EHS): (909)387467
33. The water purveyor shall be the The City of Redlands. Submit evidence of installation
and/or service to DEHS for approval.
34. Applicant shall procure a verification letter from the sewering agency with jurisdiction.
Said letter shall state whether or not sewer connection and service can be made available
to the project by the sewering agency. Said letter shall reference the County project
number and Assessor's Parcel Map number.
35. Soil Testing for the subsurface disposal system shall meet the requirements of DEHS.
Submit test results and appropriate fee(s) to DEHS for review. For information, contact
the DEHS Wastewater Section at(909) 387-4666.
36, The following are steps that must be completed to meet the requirements for 'installation
and/or finance of the on-site/off-site water system arid/or sewer system:
SITE SPECIFIC/NON-STANDARD CONDITIONS
ENVIRONMENTAL MITIGATION MEASURES 100NDITIONS
BURCHILL,Marilyn J. -Crafton Page 7 of 11 Pages
GPA l 93-0019 t E309-114
SUB t 93-00201 E309-114 nR 15602
CONDITIONS OF APPROVAL
July 11, 1994
A. Where the system is to be installed 12rior to recordation it is the developer's
responsibility to submit to the SURVEYORtLAND DEVELOPMENT
ENGINEERING DEPARTMENT, a copy of the approved plan and a signed
statement from the approved utility of jurisdiction confirming the improvement has
been installed and accepted-
B.
cc .B. Where a Bond is to be posted in lieu of ins , t�io_n_ of the improvement, the
developer shall submit the approved plans and deterrmned amount or a signed
statement from the acceptable governmental entity, that the financial arrangements
have been completed to the SURVEYOR/LAND DEVELOPMENT
ENGINEERING DEPARTMENT satisfaction.
37. Any abandoned wells on the property, existing septic systems, or similar structures that
might result in the contamination of underground waters shall be destroyed in a manner
approved by DEHS and/or the Building and Safety Department prior to grading.
PLANNING DEPARTMENT: (2 38741
**38. Conduct a complete field survey for prehistoric and historic cultural resources older than
45 years in age. The survey shall be made by a qualified archaeologist. The following
shall also apply:
A. If resources are encountered, evaluate them for their significance, depth, lateral
extent and integrity of cultural remains, as appropriate. For all resources identified,
complete appropriate California Office of Historic Preservation Site, structure and
isolate record forms. Prior to the completion of the survey report,submit two copies
of completed records to the San Bernardino County Archeological Information
Center for assignmentof appropriate County and State record numbers. These
numbers should appear in the final report.
B. New resources need to be evaluated for significance, following appropriate State
and Federal regulations and guidelines.
C. A report documenting survey and significance evaluation shall be prepared
according to San Bernardino County Archaeological Information Center Guidelines
for Cultural Resource management Reports. One copy of this report is to be filed
with the San Bernardino County Museum's - Archaeological Information Center
and one copy with the Planning Department.
' SrMSPECIFIC/NONSTANDARDcotFL1MO is
LWI RONMENTAL WnGATION MEASURES/CONDITIONS
BURCHILL,Marilyn J. -Craf#on Page 8 of 11 Pages
GPA 1 93-0019 1 E309-114
SUB 193-00201 E309-114/TR 15602
CONDITIONS OF APPROVAL
July 11, 1994
D. All archaeological sites found to be significant shall be protected through a program
to mitigate development impacts.
NOTE: A copy of this report and its findings, together with any proposed mitigation
measures, shall be provided to the San Bernardino County Planning Department for
review p1jor tQ =r aI on othe Final Mafia. Should said Trustee Agency
determine that this required field study and subsequent report has been
accomplished, pursuant to their protocol, standards and regulations, Qr in the
alternative, that this requirement has been waived by the Agency, a letter so
stating from the Agency, shall be submitted to the Planning Department Officer
for consideration thereof.
39. A Composite Development Plan (CDP) shall be submitted for coordination of review to
the County Surveyor at least three (3) weeks prior to the recordation of the Final Map.
The following notes shall be depicted on the CDP:
*A) "A minimum one-hundred foot (100°) Fuel Modification Zone (FMZ) is required
to comply with County Standards."
40. Prior to recordation of the final Tract Map, all fees required under Actual Cost Job
Number: 09102CF1 (Burchill, Marilyn J. - GPA/Tentative Tract), shall be paid in full.
* sl -E sPEcmc J NoN-STANDARD CONDMONS
"*ENvIRONNTNTAL NI IGATION NVIASURES t CONDMONS
I3URCB111,Marilyn J. -Crafton Page 9 of 11 Pages
GPA 193-0019 t E309-114
SUB l 93-0020 J E309-114/TR 15602
CONDITIONS OF APPROVAL
July 11, 1994
PRIOR TO ISSUANCE OF ANY BUILDING PERMITS, THE FOLLOWING
CONDITIONS SHALL BE MEET:
FORESTRY AND FIRE WARDEN DEPARTMENT: (909) ' -
4212
Forestry and Fire Warden Department-File Reference Number: #15602
41. The above-referenced project is protected by the Forestry and Fire Warden Department.
Prior to any construction occurring on any parcel, the applicant shall contact the fire
department for verification of current fire protection development requirements. All new
construction shall comply with the existing. Uniform Fire Code requirements and all
applicable statutes, codes, ordinances or standards regarding fire safety as adopted by the
County of San Bernardino or State of California.
42. Prior to any framing construction occurring, all flaminable vegetation shall be removed
from each building site a minimum distance of thirty feet (30') from any flammable
building material, including a finished structure (Uniform Fire Code, Section 11.201).
*43. A minimum one-hundred foot (100') Fuel Modification Zone (FMZ) is required to
comply with County Standards..
44. Prior to framing construction, approved fire hydrants and fine hydrant pavement markers
shall be installed. Fire hydrants shall be six (6") inch diameter with a minimum of one
four (4") inch and one two and a half(2 1/2") inch connection as specified by the fire
department. The design of the fire hydrant and fire hydrant pavement marker shall be
approved by the fire department. In areas where snow removal occurs or non-paved
roads exist, the blue reflective hydrant marker shall be posted on an approved post three
(3') feet from hydrant and between five (5') feet and six (6) feet high. All fire hydrant
spacing shall be three hundred (300') feet with the exception of single family residential
which may be increased to five hundred (500') feet maximum.
• SITE SPECIFIC/NON-STANDARD CONDITIONS
"*ENVIRONMENTAL MITIGATION MEASURES/CONDITIONS
a
BURCHHA,,Marilyn J. -Crafton Page 10 of I 1 Pages
3 GPA 193-00191 E309-114
SUB 193-00201 E309-1141 I'R 15602
CONDITIONS OF APPROVAL
y
July 11, 1994
s
PRIOR TO ISSUANCE OF OCCUPANCY PERMITS, THE FOLLOWING CONDITIONS
SHALL BE MET:
FORESTRY AND FIRE WARDEN DEPARIMENT; (909)3814212
Forestry and Fire Warden Department-File Reference #15602 .
45. Prior to final inspection, the street addresses shall be posted with a minimum of four inch
(4'} numbers, visible from the street and during the hours of darkness the numbers shall
be automatically internally illuminated. Posted numbers shall contrast with their
background and be legible from the street in accordance with the Uniform Fire Code
(UFC). Where building setbacks exceed one hundred feet (100') from the roadway,
additional non-illuminated contrasting six inch (6") numbers shall be displayed at the
property access entrance.
46. Every 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, as
identified in the Uniform Fire Code (UFC). It shall be constructed of stainless steel,
copper or brass, woven galvanized wire mesh, twelve (12) gauge minimum of three-
eighths inch (3/8") minimum to one-half inch (112") minimum openings, as per County
Code §3381. The mesh shall be visible from the ground. No decorator caps allowed.
41. The development and each phase thereof shall have two (2) points of vehicular access for
fire and other emergency equipment, and for routes of escape which will safely handle
evacuations as required by the San Bernardino County Development Code and the
Uniform Fire Code, Section 10.201.
48. Access roadways which exceed one-hundred and fifty (150') feet in length shall be
approved by the fire department having jurisdiction, and shall be extended to within one-
hundred and 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 de between the access road and building is
in excess of thirty (30%) percent. Where the access road cannot be provided, an
approved fire protection system shall be installed. Access door(s) shall be provided at
near ground level for fire fighting purposes in accordance with the Uniform. Building
Code.
SITE SPECIFIC I ON-STANDARD CONDITIONS
••
ENvLRONMENTAL MITIGATION MEASURES/CONDMONS
BURCHILL,Marilyn J. -Crafton Page 1I of 11 Pages
GPA 193-00191 E309-114
K SUB J 93-4424/E349-114 fI'R 15642
CONDITIONS OF APPROVAL
July 11, 19%
43, An approved fire department lock is required on all gates. Any automatic electric
security gates used, require an approved lock switch. Contact this office for lock
applications.
50. Additional requirements may be applied due to lack of sufficient information to review.
Please submit building pians and declaration of use for proper application of codes.
p1,A _flM DEPAEJMNT: M2)3874165
51. All required walls, roadway and drainage improvements, shown on the approved plans
shall be installed prior to obtaining the first structure's occupancy permit.
52. Any areas to be disturbed by grading activities shall be landscaped for wind and water
erosion control.
53. Pursuant to the Mt-groopoiitan Water Di5tr►ct I,MWD1 Guidelines, any new development
shall incorporate interior and exterior water conservation measures (i.e.: low-flow
plumbing and drought tolerant landscaping)to assist in reduction of new water demands.
NABURCH113.COA
SITE SPECIFIC/NON-STANDARD CONT3MONs
•"ENVIRONME14TAL MITIGATION MEASURES/CONDMONS
EXHIBIT "B"
Order No: 9300994 K03 Your Ref. TENT. TR.15602
I. The estate or interest in the land hereinafter described or referred to covered by this report is:
A FEE
7:
2. Title to said estate or interest at the date hereof is vested in.
MARILYN J. BURCHILL AND MARILYN L. BURCHILL, A MARRIED WOMAN, AS THEIR
INTERESTS MAY APPEAR.
3. The land referred to in this report is situated in the State of California, County of SAN BERNARD INO
and is described as follows:
ALL THAT PORTION OF LOT NUMBERED THREE (3) IN BLOCK NUMBERED SEVENTY—EIGHT
(78) , ACCORDING TO MAP OF THE SAN BERNARDINO RANCHO, AS PER PLAT RECORDED IN
BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 1060 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT;
THENCE 460 FEET EAST;
THENCE SOUTH 1076 FEET;
THENCE SOUTH 510 08' WEST 589 FEET;
THENCE NORTH 1446 FEET TO THE PLACE OF BEGINNING.
4