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HomeMy WebLinkAboutContracts & Agreements_73-1997_CCv0001.pdf FtECORDED Recorded in Official Records, County of REQUEST OF San Bernardino, Errol IT, Mackzum, Recorder No Fee Doc No . 19970281300 Recording requested b � . _y 12 , 26pm 08/07/97 and when recorded mail to: 205 40074716 01 04 City Clerk City of Redlands I r— 2 F-1 3 [_ 4 F,71 5 F-1 6 r— 7 r__J 8 [_ 9 F_� 6 F__J P. D. Box 3005 PG FEE APF GIMS PH CPY CRT CPY ADD NNI PEN PR POOR Redlands, CA 9237') 15 NON ST LN SVY CITU TRANS TAX DA CHRG EXAM AGREEMENT FOR ANNEXATION AND PROVISION OF CITY UTILITY SERVICES This Agreement for Annexation and Provision of City Utility Services ("Agreement") is made and entered into this 5th day of August, 1997, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California("City") and Neal T. Baker Enterprises, Inc.,, a California corporation, ("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 to the City; and DJM312_31_E WHEREAS, Developer is the fee owner of a residential lot located in Tentative Tract No. 13514 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. 13514 for the Property which would permit the Property to be subdivided for single-family lots at a density of one(1)unit for every .245 acres (the "Project"); and WHEREAS, Government Code Section 561331 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 County requiring the owner to annex the property to the City upon certain conditions; and WHEREAS,the City has prepared a General Plan for the unincorporated area in which the DJM3123LE ? 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. 13514, is consistent with 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 annexed 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 acknowledged,the City of Redlands and Neal T. Baker Enterprises, Inc., agree as follows: AGREEMENT I Recitals. The foregoing recitals are true and correct. 2. Definitions. The following terms when used in this Agreement shall have the meanings ascribed to them: D123E 3 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 1965 (Government Code sections 56000 et seu.). c. "City" means the City of Redlands, a municipal corporation including its City Council, officers and employees. d. "County" means the County of San Bernardino. e. "Developer" means Neal T. Baker Enterprises, Inc. and its successors-in-interest to all or any part of the property. f. "Project" means the improvement of the Property for the purposes of constructing a single family residential development on Lot 4 pursuant to the existing project approvals. g. "Existing Project Approvals" means Tentative Tract No.13514, 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. 3. Aacement 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 in good faith cooperate with City, to cause the annexation of the Property to the City. WIM31231 E 4 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. 13514. 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 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. MWEDLE i 7. Indemnity and Cost of Litigation. A. Hold 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 Developer'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. B. 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 furtherance of this Agreement. The City may, in its sole discretion, participate in the defense of any such claim, action or proceeding. DR.43,1231 F 6 -------------------- 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 D1M3123LE 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 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 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 any covenant to be performed by Developer is a condition precedent to the performance of a 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. Attomevs' 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. 13. Authority 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 9 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: '0 A'6A�C 17 XA Wi�Ao F* )��Xl /f IS lt5'S Neal Baker CITY OF REDLANDS Mayor Swen Larson ATTEST: City rk Lo iV" c C rk rr6-/�-O)acs~ DJM312-31,E 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 August 5, 1997, before me, Beaty-ice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of Redlands, California, personally appeared Swen Larson and Lorrie Poyzer { Xj personally known to me - or - { } 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. %X11111111111/1 'NN Z WITNESS my hand and official seal. LORRIE POYZER, CITY CLERK 88 Z By: -4LIFO Beatrice Sanchez, DeputyCity�Cler 1/'//Z 11111111110 (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) Trustee(s) Trust I xj Other Title(s): Mayor and City Clerk Entity Represented: City of Redlands, California --------------~~----------------- --------- THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Agreement for Annexation and Provision of City Utility Services Number of Pages : 22 Date of Document: August 5, 1997 Signer(s) Other Than Named Above: Neal T. Baker Enterprises, Inc. -—--------------------------- 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 August 6, 1997, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of Redlands, California, personally appeared Neal T. Baker I I personally known to me - or - {x x} proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. X%jJ11111111111 NO /Z WITNESS my hand and official seal. Of. IEDZ LORRIE POYZER, CITY CLERK 18,018 By: % 44tFo Beatrice Sanchez, Deputy City�Cler 11-111til�11111 (909)798-7531 --------- - ----- -- ------------ CAPACITY CLAIMED BY SIGNER(S) Individual(s) signing for oneself/themselves Corporate Officer(s) Title(s) President Company: Neal T. Baker Enterprises, Inc. Partner(s) Partnership Attorney-In-Fact Principal(s) Trustee(s) Trust Other Title(s) Entity Represented -----------------~----- ------------------ THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Agreement for Annexation and Provision of City Utility Services Number of Pages : 22 Date of Document: August 5, 1997 Signer(s) Other Than Named Above: Swen Larson, Mayor, and Lorrie Poyzer, City Clerk EXHIBIT "A" HEINE, JAMES & ITANCY PAGE 1 OF 11 SUB/86-0018/E315-102/TR 13514 Conditions of Approval OFFICE OF BUILDING AND SAFETY 1. A preliminary soil report, complying with the provisions of ordinance 2815 shall be filed with and approved by -the Building official prior to recordation of the final map. 2. Grading plans to be submitted to and approved by the Office of Building and Safety as required by Uniform Building Code Chapter 70 and the County Development Code. 3 . Obtain a demolition permi',: for building to be demolished. Underground structures mus'-- be broken in, back filled and inspected before covering. DEPARTMENT OF ENVIRONMENTAL HEALTH SERVICES **4. Written clearance shall be obtained from the designated California Regional Water Quality Control Board (listed below) and a copy forwarded to the Department of Environmental Health Services: A. Santa Ana Region, 6809 Indiana Avenue, Riverside, CA 92506, (714) 684-9330. **5. Soil testing for the subsurface disposal system shall meet the requirements of the Department of Environmental Health Services . Submit test results and appropriate fee to the Department of Environmental Health Services. 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 on-site/off-site watcr system and/or sewer system: A. Where the system is to be installed prior to recordation: The water system, fiat_ 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 responsi- bility to submit to the OFFICE OF SURVEYOR, LAND DEVELOPMENT SECTI!0,:'444 ,9 a copy of the approved plan and a signed statement from the utility of jurisdiction confirming that the irprovement has been installed and " accepted. *NON-STANDARD CONDITION(S) **ENVIRONMENTAL MITIGATION ME.KSURE(S) rn RECORDER'S PAGE 2 OF 11 POOR HEINE, JA8/E315-1102S & 0 F R — JOQASUB/86-00 //TR 13514 ORIGINAL DOCUWN-r Conditions of Approval B. Where a bond is to be 1,)osted 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 sawering utility and the governing fire protection authority . The plans shall contain the required certificates and approval signatures. A cagy Of the approved plan shall be submitted to the SURVEYOR .LAND DEVELOP- MENT SECTION. 2. Said engineer slll determine the amount of bond necessary to install the improvements. a. This amount plus ten percent shall be posted with the Coun:--y of San Bernardino. A statement signed by the engineer stating that the amount of bond recommended is adequate to cover the cost of installation of the improvement shall be i;1cluded with the estimate and submitted ti the OFFICE OF SURVEYOR. LAND DEVELOPMENT jS_ECTION- b. or , in cas -,is where the water agency or severing agency is a governmental subdivision, the bond in the amount of 110 percent of the cost of inrtallation of the improvement may be plat-d with the agency. A signed statement from that agency stating that financial arrangements have been completed shall be sub7,litted to the OFFICEOF SURVEYOR. LMD DEVELOPL-qTT DIVISION. 3. prior to release of the bond for the improvement, the utility Of 4111-isdiction shall submit a signed J ­ statement confirm_i,-,-ig that the improvement has been installed and :-ccets the requirements of all appropriate Stag:: and County laws pertaining to such improvement. it is the developer's responsi- bility that such signed statement is filed with the OFY F� OF SU . OR O _LAN�DE��PXE �SEC N,- S. Any abandoned wells on tj,<� property or similar structures that might result in contimination of underground waters shall be destroyed in a ma ny-ar approved by the Department of Environmental Health Service =. *NON-STANDARD CONDITION(S) **ENVIRONMENTAL MITIGATION MEASURE,(S) ti # . r . - . i i • 0 + s + * i s • - s . . . + s i - + i i - � . . iw s • : �.rr .. . -i • . . i i • • s s • _ s i + + + � i WOMEN ty PAGE 4 OF 11 HEINCY SUB/86-0o18/E315-102/TR 13514 13514 SUB/ Conditions of Approval Temporary turnaround shall be provided at lot 10. 17 . Private road maintenance , including but not limited to shall be provided for prior to grading and snow removal , Written documentation shall be recordation or approval . submitted to the fire agency having jurisdiction. in the Conditions of Approval for 18. All fire protection systems designed t° meet the fire flow requirements specified the fire agency having this Project shall be approved by e installation said systems- jurisdiction jurisdiction prior to thnd made nstalled aserviceable prior Said systems shall be construe ion of said Water has been to recordation unless the water purveyor. Water for bonded for as required by the f ire agency having fire protection, as required by Prior to the start of Jurisdiction, shall be in and operable p building construction and shall be over an are average daily consumption of water. minimum requirements for your proposed development: A. Sys_andards Fire Flow* 1250 G.P.M. @ 20 PSI Residual Pressure Duration 2 Hour(s) Hydrant Spacing 660 Feet *If blank, flow to be determined by calculation when additional construction information is received. B. Distribut'on System 6 Inch Minimum Mains Laterals 6 Inch Minimum 6 Inch Minimum Riser C. Fire Hydrar�ts_ 2 Total Number 6 Inch w/1 - 2 1/2 Type Inch outlet(s) with National Standard threads and with inch pumper connection *NON-STANDARD CONDITIONS) **ENVIRONMENTAL MITIGATION MEASURE(S) 4 PAGE 5 OF 11 HEINE, JAMES & NANCY SUBj86-0018/E315-102/TR 13514 Conditions of Approval Street valve 6 Inch Gate The required f ire flow shall be determined by appropriate 19. using the 1974 edition of the Insurance calculations, Guide for the Determination of Services office (ISO} " aectu red Fire Flow- " e fire depart- 20• The developer or his engineer' -shall futimprovement plans stem meet with two copies of water stems are required. In where fire protection water sY stating what fire addition, a letter from the water purveyor flow can be met shall be i toTrecordati he f ire apartment shall also sign all waterplans prior OFFICE OF SURVEYOR LAND DETELOF`MENT DRAINAGE SECTION 21. Adequate provisions shall be made to intercept and conduct the off-site tributary drainage flow around or through the site in a manner which will not adversely affect adjacent or downstream properties. ts . If lots do not ain 22. All lots should drain to ot tdr to streets, the cross ainage will be reviewedand nd Safe approved by the office Of Cha ter 70 and the County Development under provisions of Uniform Building Code p Code. 23 . Nice Avenue shall be designed as (a) water-carrying street and its water carrying capacity shall be maintained. 24. Lots adjacent to water-carrying streets shall be adequately r elevated above the top 0Qssibility of street or block lflowsvent ring both, to minimize thep the Lots. Requirements 25. In addition totheDrainage improvements mayberequired other "on-sitert or ��off which cannot be determined ed Etat more from e plans at this time complete improvement and would have to be revs plans and profiles have been submitted to this office. *26. The developer shall pay a fee of $2930 per acre as a fair ction of share amount for the confeeuord nanceafor thislareadetention is in facility. if a drainagethen these fees will be place at time of development, required. If, at time of vethen na storm drain shall Abe on basin concept is rejected, constructed to drain the site to Mill Creek. } *NON-STANDARDC } MITIGATIONMEAS (S) **ENVIRONMENTL PAGE 6 OF 11 HEINE, JAMES & iNANGY SUB/86-op18/E315-10 /TR 13514 Conditions of Approval OFFICE OF SURVEYOR LAND D�*s LOpMENT/ROAD SECTION 27 . Roads within this development shall be entered into the County Maintained Road System. 28. Road sections withiuctedjto Valor ley Road ng h Standardse tract ofSan designed and con stru olieies and requirements of Bernardino County, and to the p the County Transporation andlanoof gighwaysDepartment and in accordance with the Master Zg, Any grading Within the road right-of-way prior to the signing of the improvement plans Engineerr.accomplished compaction tests the direction of a Soils Testing of embankment construction no c shall be performed at ost to San trench cBernardino county kf ill, and all ge anda Divis on written report shall bed Flood submitted Control Departments prior of the Transportation an any placement of base materials and/or paving. 30. Final plans and Pro flit which would affect con tractles shall indicate the location ©onany any utility facility 31. Slope rights shall be dedicated on the final tract map where necessary. 32. A thorough evaluation of the structural road section, tion, als to include parkway improvements , from a qualified engineer, shall be submitted to the Transportation and Flood Control Department. 33 . Existing County roads which will require reconstruction shall remain open for traffic at all times, with detours, during actual cdequate onstruction. A cash rior to recorda- osit shall b dading and paving p made to cover the cost of gr tion of the tract map. Upon completion of the grading Transportationthe and paving to the satisfati deposit may Flood e refunded. Control Department. thec 34. All road names Floodshall be coordinated ith the Control Department, Traffic CDivisicnanspor- tation and 35. Trees , irrigation systems, landscaping required to be installed on public right of way within this tract area shall be maintained by other than the County Transporta- tion/Flood Control Department, and shall be as specified in _ standards for tree County Transportation/Flood Con accerol table to Transports planting. Maintenance procedures p tion/Flood Control Department shall be instituted prior to *NON-STANDARD CONDITION(S) **ENVIRONMENTAL MITIGATION MEASURE(S) C_ : C. PAGE 7 OF 11 HEINE, JAMES & NANCY SUB/86-0018/E315-102/TR 13514 Conditions of Approval recordation. authorized clearance, shall be 36. An encroachment permit, or rol obtained from the County Transportation and Fermit bythe Department prior to issuance of a grading p Office of Building and Safety. l be bonded 37. All required road and drainage vlo improvements Code unless constructed in accordance with County D P and approved prior to recordation of Final Map. 38. Turn aro dead end estreets county Transportationaccordance Flood with the requirements of t and Fire Warden Depart Control Department, and the Forestry ment. he ovement 39. Existing utility poles essa beshown cost to the County. plans and relocated as nec rl' improvements (including off-site) to 40. Right-of-way and imp proposed to transition traffic be required redrasnage flows from existing, shall and faith effort to acquire the 41. The developer shall e kinterests, and if he or she required off-site propertytdeveloper shall at least 120 days should fail to do so, approval,for enter into prior to submittal of the ete finalmap improvemnts pursuant to an agreement to compires Government Code Section 66462 at such time as County acqu Such the property interests required for the improvements.Loperof all agreement shall provide for payment by costs incurred by County to acquire the off-site property p interests required in connection with the subdivision. Security for a portion of these costs shall praisalhe form report of a cash deposit in the amount given in an appraisal raiser obtained by developer► at developer' s cost. The appraiser shall have been approved by County prior to commencement of the appraisal. acts subject to a building permit shal 42 . l have all required projects phase, on and off-site improvements, �taefinaldinspection of any completed and approved p hose" as used here buildings or structures. The term "p permits shall mean the following: "The block of building P n the whole project" or "A plan of building drawn m less thalocks of construction which indicat In each phase cthe t e installation of than the whole project" - any on or off-site impro em tionnts sfrom s ormuor sufficiently completed so as to assure pr otecrun off, a safe and driveable access for fire and safety, *NON-STANDARD CONDITION(S) **ENVIRONMENTAL MITIGATION MEASURE(S) � d �^ C, PAGE 8 OF 11 HEINE, JAMES & NPNCY 3514 SUB/86-0018/E315-102/VR Conditions of Approval he obuildings or rdinary and intended l s witthf the concurrence of and t official, plan or approve structures. The Building may approve any P the officio of appraVea pian, which complies with the intent a change of this policy. be improved half width to Collector Road *43 . Nice Avenue shall Standards. building Permits, ant shall, prior to issuance f $300 - 00 toward *44. The applic share contribution pay his fair sign alizaton of the intersection of Grafton Avenue at State i Highway 38 (Mentons Boulevard) . OFFICF OF PLANNING hroughout the tract, including 45. Sidewalks shall be provided t all peripheral streets. within the tract 46. Developer shall provide for street lighting as follows: lights at A. Low intensity , energy-efficient street lig all intersections; pull cord (for B. Install underground conduit with a lights) through the future installation of additional 1 g tract; Spec Districts Department to Deposit monies with the Sp es for C. Dep Policy n c cover all installs i lights per c adopted County p additional strPole a spacing and location. regarding Prior to recordation, the tract street hall be Xlight ed to D. appropriate district provide the appro P maintenance. ' s Surveyor's 47 . Subdivider shall present evidence to the County office that he has tried to obtain a have it ghts rof ceasement letter offs company that may from any utility within the property boundaries• j shall I ro osed 48 . Easements of record nOocated. o Lot a affected bymp ed be relinquished or rel which cannot be relinquish easements or easements shall be redesigned. or relocated, laced underground in accordance ' 49 • Utility lines shall be placed Ordinance. with the requirements of f *NON-STANDARD ' **ENVIRONMENTAL PAGE 9 OF 11 HEINE, JAMES & NANCY 1514 SUB/86-0018/E315-rovalR Conditions of App are feet, *50. All lots shall have a minimum area 100)of 8,400 squ feet and a minimum a minimum depth of one hundred ( In ad width of 60 feet, dition, (70 feet on corner lots) cul-de-sac or on a curved street where the each lot on a from the front to rear side lot lines thereof are diverging line as delineated on of the lot, shall have a width of ack less than sixty (60) feet measured at the building se the final tract map• a minimum lot the bulb ermitted* if the proposed 51. Where lots occur 90 feet will p cul-de-sac, depth of ninety ( ) g0 feet, a plot plan must be depth is less than ninety ( ) possible submitted to demonstrate thag th buildable lot area is and to justify the lesser depth. applicant shall submit a composite ecordation, the app for review and *52 . Prior to r development map to the Office of Planning the fallowing: approval, to show and building setback line of at least A. A variable front Y at least 25 feet.22 feet and averaging H. A side yard building setback line lots t least 15 feet adjacent to side streets on setback line C. Required drainagdrainagencourses ts and building if applicable. from the natural The Composite Development Plan gall A)Theef first notes note D. landscaping as f ermits, a regarding gallon, shall state "Prior to issuance of occupancy 15 g minimum number of one (1) inch calip / multi-branched trees shall be planted on the lot adjacent to the street right of way for each of the types YPes of lots: cul-de-sac lot _ 2 trees ; interior lot - 3 trees; corner lot laced in These trees are to be of a type and are to be •P B) The such a manner as indicates g approved street tree second note shall specify roved by the Planning types (actual variety officer) and shall detail is to be laming specification as outlined in the County Standards aand Specifications for Tree Planting. fired. Said grading plan 53 . A final grading plan shall be required. and Safety shall be submitted to theOff f in site cute lg andfill slopes for review and approval. *NON-STANDARD CONDITIONS) **ENVIRONMENTAL MITIGATION MEASURE(S) PAGE 10 OF 11 . HEINE, JAMES & NANCY CY SUB/86-0018/E315-102/TR 13514 Conditions of Approval shall: A. Be limited to a maximumof l irtratio )of eet to Setbacks maximum vertical height 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. plan approved by Building and 54. A copy of the final grading p when Safety, shall be submitted to the Off ice inoheightnand fill graded cut slopes exceed et in height. slopes exceed three (3} copies of a Landscaping Plan shall be submitted 55. Three (3 ) p review and approval. Said Landscape for Office of Planning Plan shall include the following: A. The required slope planting. Slope planting shall be than required for the surface and fillcut slopesslopes thanmorthree five (5) feet in height es protected (3) feet in height. Said y planting shallbe grass or against damage by erosion by planting (15) fee be planted t ground cover plants. Slopes exceedi g fifwith shrubs, in vertical height shall alsofeet on centers; or spaced at not to exceed ten (10) 20 feet on trees, spaced at ination of shrubsot to exceed wandytrees as cover centers; or a comb 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. ; Groundcover 100% coverage. B. The required street trees. C. All required walls. All decorative walls shall be designed and constructed to incorporate e design features such as tree planter wells ► provide lit columns, or other such features to p block face, relief along the wall face. visual and physical existing D. Any existing trees to remain on site. Any *NON-STANDARD CONDITION(S) **ENVIRONMENTAL MITIGATION MEASURE(S) PAGE 11 OF 11 HEINE, JAMES & NANCY 13514 SUBl8tians8of3APprovalR Condi topped to to be retains a shall rbfiftean (15) eucalyptus trees trimmed along thirty (30) fet, set and cleared of all dead leaves and branches'submitted feet, irrigation plan shall be Three (3) copies of an royal when slope Planting 56. review and approval shall be provided for Office °f Slopes required to be planted to cover all is required. stem of irrigation, may with an approved sY A functional test of the system portions of the slope• graded slopes and landscaped be required. The maintenance of g of the developer until the areas shall be the responsibility or until: the maintenance Service Area. All irriga- transfer to individual ownership ountyP be designed on an is officially assumed by uired, shall tion systems, where req maintained in an individual lot basis unless commonly approved manner. roved landscape and irrigation shown on the aPP feted 57. All landscaping g fans and all required walls shall be comp and irrigation P posted for their completion. or suitable bonds p ermits, the developer shall compliance with California Government **58. Prior toissuance l sge s in buildinif g Pin effect and as adopted pay school Code Sectioai tri�t sof jurisdiction. the school I i *NON-STANDARD CONDITIONS) URE(S) • **ENVIRONMENTAL MITIGATION MEAS ti EXHIBIT "B" Parce—�- 1_---No. 2: State of California, as per Lot 4 of Tract 13514, in the County of San Bernardino, plat recorded in Book 220 of Maps,Page(s) 46, 47 and 48,records of said County. 11 DJM3123LE --ffiraaen�lti