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Recorded in official Records, County of
S?n Bernardino, Errol J. MackLum, Recorder
No Fee
Recording;requested by Doc No . 19970281297
and when recorded mail to: m 08/07/97
City Clerk 205 40074716 01 04
City of Redlands 1 2 a s e 7 a 9 M 0
P. O. Box 3005 PG FEE APF GINIS PH CPY CRT CPY A00 NNI PEN PR PCOR
Redlands, CA 92373
5 g
NON ST LN SYY CIT•CO TRANS TAX 0A CHRGEXAM
AGREEMENT FOR ANNEXATION AND PROVISION
OF CITY UTILITY SERVICES
X I 5
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
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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 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 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
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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
1. 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:
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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. s_e___lc..).
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 5 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. 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
in good faith cooperate with City, to cause the annexation of the Property to the City.
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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.
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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.
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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
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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
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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. Attorneys' 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
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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.:
Neal T.fiaker
CITY OF REDLANDS
i
Mayor Swen Larson
ATTEST:
City 4 r Lorries Ar
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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 { } 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.
or- ReD % WITNESS my hand and official seal.
LORRIE POYZER, CITY CLERK
888
By:
Beatrice Sanchez, Deputy City Clerk
(909)798-7531
-- - ------ ------ -- -------------- --------
CAPACITY CLAIMED BY SIGNERS)
{ } Individuals) 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
r_.,._„�a..... .:........._.'�.�` ....�.�t�»:.fiw�u� r,37.=:.���-.�.tys,.:,:.3�i�nr��.`= ...7� ��r_.�Y:., ..�,r3.,.,,�', ,.�= -'--' xu�= ..___;.._�..�:;•�_.,t%�� `��h���?`_�.,�.�..�.:+.s, �y,.F,..��/� .;:�„
_
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, 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 - { ) 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.
so%%1R'Ep��i��fi� WITNESS my hand and official seal.
it °a LORRIE POYZER, CITY CLERK
* •
1888
By:
q �F�,�t��¢�•'`�~ Beatrice Sanchez, Deputy City Cler
(909)798-7531
CAPACITY CLAIMED BY SIGNERS)
{ } Individuals) signing for oneself/themselves
{ Corporate Officer(s)
Title(s)
Company
{ }
Partner(s)
Partnership
{ Attorney-In-Fact
Principal(s)
{ }
Trustee(s)
Trust
{ x) 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.
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• �. EXHIBIT "A'•
HEINE, JAMES & NANCY PAGE 1 OF 11
SUB/86-0018/E315-102/TR 13514
Conditions of Approval RECORDER'S MEMO:
POOR RECORD DUE TO QUALITY
OFFICE OF BUILDING AND SAFETY OF ORIGINAL DOCUMENT
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 permit: for building to be demolished.
Underground structures mus' be broken in, back filled and
inspected before covering.
DEPARTMENT OF ENVIRONMENTAL HEAL'T'H SERVICES
**4 . Written clearance shall be obtained from the designated
California Regionaa. Water Quality Control Board (listed
below) and a copy forwarded Co 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 water system and/or sewer system:
A. Where the system is to be installed prior to recordation:
The water system, fi;.a 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 SECTIOII, a copy of the approved plan
and a signed statement from the utility of jurisdiction
confirming that the irprovement has been installed and
accepted. o m
X
*NON-STANDARD CONDITIONS) c
**ENVIRONMENTAL MITIGATION MEASURE(S)
?5 0
�c
HEINE, JAMES & NANCY RECORDER'S MEMO. PAGE 2 OF 11
SUB/86-0018/E315-102/TR' 13514 POOR RECORD DUE TO QUALITY
Conditions of Approval OF ORIGINAL DOCUMENT
B. Where a bond is to be L)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 sawaring utility and the governing
fire protection authority. The plans shall
contain the required certificates and approval
signatures. A copy of the approved plan shall be
submitted to the OFFICE OF SURVEYOR, LAND DEVELOP-
MENT SECTION.
2. Said engineer s4h<.�11 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 included with the estimate and
submitted t•i the OFFICE OF SURVEYOR LAND
DEVELOPMENT SECTION.
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 inK-tallation of the improvement
may be plat-d with the agency. A signed
statement from that agency stating that
financial a::rangements have been completed
shall be subTAtted to the OFFICE OF SURVEYOR,
LAND DEVELOPi i"11T DIVISION.
3 . Prior to release of the bond for the improvement,
the utility of Jill-isdiction shall submit a signed
statement confirming that the improvement has been
installed and meets the requirements of all
appropriate Stat z and County laws pertaining to
such improvement. It is the developer's responsi-
bility that such signed statement is filed with
the OFFICE OF SURV:E OR. LAND DEVELOPMENT SECTION.
8. Any abandoned wells on tt.:i property or similar structures
that might result in contamination of underground waters
shall be destroyed in a manr,2r approved by the Department of
Environmental Health Service. .
*NON-STANDARD CONDITIONS)
**ENVIRONMENTAL MITIGATION MEASURE(S)
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HEINE, JAMES &NANCY PAGE 3 OF 11
SUB/86-0018/E315-102/TR 13514
Conditions of Approval
FORESTRY AND FIRE WARDEN DEPART2mENT
9. The above-referenced project is protected by the Forestry
and Fire Warden Department. Prior to construction occurring
on any parcel, the owner shall contact the fire department for
verification of current fire protection development require-
ments.
10. All new construction shall comply with applicable sections
of the 1985 Uniform Fire Co61'a, (Ordinance #3055) , Development
Code, Community Plans, and any other statutes, ordinances,
rules and regulations regarding fires and fire prevention
adopted by the State or County.
11. The street address shall be posted with a minimum of three
(3) inch numbers, visible from the street, in accordance with
San Bernardino County Ordinance 2108, prior to occupancy.
Posted numbers shall contract with their background and be
visible and legible from the street.
12. Each chimney used in conjunction with any fireplace or
any heating appliance in wliich solid or liquid fuel is used
shall be maintained with an approved spark arrester as
identified in the Uniform Fire Code.
13 . All flammable vegetation shall be removed from each building
site a minimum distance of thirty (30) feet from any flammable
building material, including a finished structure.
14. The development and each pease thereof shall have two points
of vehicular access for fire and other emergency equipment,
and for routes of escape which will safely handle evacuations
as required in the Developrrcnt Code.
15. Private roadways which exceed one-hundred and fifty (150) feet
in length shall be approved by the fire agency having
jurisdiction, and shall bT2 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 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.
*16. A turnaround shall be provided at the end of each roadway,
150 feet or more in length and shall be approved by the fire
department. Cul-de-sac length shall not exceed six-hundred
(600) feet except as identified in the Development Code.
*NON-STANDARD CONDITIONS)
**ENVIRONMENTAL MITIGATION MEASURE(S)
1
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HEINE, JAMES & NANCY � PAGE 4 OF 11
SUB/86-0018/E315-102/TR 13514
Conditions of Approval
Temporary turnaround shall be provided at lot 10.
17. Private road maintenance , including but not limited to
grading and snow removal , shall be provided for prior to
recordation or approval . Written documentation shall be
submitted to the fire agency having jurisdiction.
18. All fire protection systems designed to meet the fire flow
requirements specified in the Conditions of Approval for
this project shall be approved by the fire agency having
jurisdiction prior to the installation of said systems.
Said systems shall be installed and made serviceable prior
to recordation unless construction of said systems has been
bonded for as required by the water purveyor. Water for
fire protection, as required by the fire agency having
jurisdiction, shall be in and operable prior to the start of
building construction and shall be over and above the
average daily consumption of water. The following are
minimum requirements for your proposed development:
A. System Standards
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. Distribution System
Mains 6 Inch Minimum
Laterals 6 Inch Minimum
Riser 6 Inch Minimum
C. Fire Hydrants
Number 2 Total
Type 6 Inch w/1 - 2 1/2
Inch outlet(s) with
National Standard
threads and with
1 - 4 inch
pumper connection
*NON-STANDARD CONDITIONS)
**ENVIRONMENTAL MITIGATION MEASURE(S)
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HEINE, JAMES & FANCY PAGE 5 OF ll
SUB/86-0018/E315-102/TR 13514
Conditions of Approval
Street valve 6 Inch Gate
19. The required f ire flow shall be determined by appropriate
calculations, using the 1974 edition of the Insurance
Services Office (ISO)' "Guide r tLie De a mi ation of
20. The developer or his engineer shall furnish the fire depart-
ment with two copies of water system improvement plans
where fire protection water systems are 'required» in
addition, a letter from the water purveyor stating what fire
flow can be met shall be required. The fire department
shall also sign all water plans prior to recordation.
OFFICE or SURVEYOR
WD WAGE SECTION
21. Adequate provisions shall be made to ,intercept and conduct
the offsite tributary drainage 'flow around or through the
site in 'a maner' which will not. adversely affect adjacent or
downstream properties.
22. All lots should drain to streets. If lots do not drain
to streets, the cross lot, drainage will be reviewed and
approved by the Office of Building and Safety under'provisions
of, Uniform Building Code Chapter 70 and the County Development
Code.
23. Nice Avenue shall be designed as (a) water--carrying street
and its water carrying capacity shall be maintained.
4» Lots adjacent to water-carrying streets shall be adequately
elevated above the top of curb, or block walls provided, or
both, to minimize the passibility of street flows entering
the 'lots.
25. 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.
*26. The developer shall pay a fee of $2930 per acre as a fair
share amount for the construction of a 'regional detention
facility. If a drainage fee ordinance for this area is in
place at time of 'development, then these fees will be
required;. if, at time of development' the regional detention
basin concept is rejected, then a storm drain shall be
constructed to drain the site to Mill Creek.
NoN-»STANDARD CONDITION(S
**ENVIRONMENTAL MITIGATION MEASURE(S)
HEINE, JAMES & �tiNCY ,
�.j_ PAGE 6 OF 11
SUB/86-0018/E315-102/TR 13514
Conditions of Approval
OFFICE OF SURVEYOR
LAND DEVELOPMENT/ROAD SECTION
27. Roads within this development shall be entered into, the
County Maintained Road System.
28. Road sections within and/or 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 Transporation and Flood Control Department and in
accordance with the Master Plan of Highways.
29. Any grading within the road right-of-way prior to the
signing of the improvement plans shall be accomplished under
the direction of a Soils 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
of the Transportation and Flood Control Department, prior to
any placement of base materials and/or paving.
30. Final plans and profiles shall indicate the location of any
existing utility facility which would affect construction.
31. Slope rights shall be dedicated on the final tract map where
necessary.
32. A thorough evaluation of the structural road section, to
include parkway improvements , from a qualified materials
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 adequate
detours, during actual construction. A cash deposit shall be
made to cover the cost of grading and paving prior to recorda-
tion of the tract map. Upon completion of the grading
and paving to the satisfaction of the Transportation and Flood
Control Department. the cash deposit may be refunded.
34. All road names shall be coordinated with the County Transpor-
tation and Flood Control Department, Traffic Division.
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
County Transportation/Flood Control standards for tree
planting. Maintenance procedures acceptable to Transporta-
tion/Flood Control Department shall be instituted prior to
*NON-STANDARD CONDITIONS)
**ENVIRONMENTAL MITIGATION MEASURE(S)
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PAGE 7 OF 11
HEINE, JAMES & 1VaNCY
SUB/86-0018/E315-102/TR 13514
Conditions of Approval
recordation.
36. An encroachment permit, or authorized clearance, shall be
obtained from the County Transportation and Flood Control
Department prior to issuance of a grading permit by the
Office of Building and Safety.
37. All required road and drainage improvements shall be bonded
in accordance with County Development Code unless constructed
and approved prior to recordation of Final Map.
38. Turn arounds at dead end streets shall be in accordance
with the requirements of the County Transportation and Flood
Control Department, and the Forestry and Fire Warden Depart-
ment.
39. Existing utility poles shall be shown on the improvement
plans and relocated as necessary without cost to the County.
40. Right-of-way and improvements (including off-site) to
transition traffic and drainage flows from proposed to
existing, shall be required as necessary.
41. The developer shall make good faith effort to acquire the
required off-site property interests, and if he or 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 County acquires
the property interests required for the improvements. Such
agreement shall provide for payment by developer of all
costs incurred by 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 developer, at developer's cost. The appraiser
shall have been approved by County prior to commencement of
the appraisal.
42. Projects subject to a building permit shall have all required
on and off-site improvements, required for each phase,
completed and approved prior to final inspection of any
buildings or structures. The term "phase" as used here
shall mean the following: "The block of building permits
drawn on less than the whole project" or "A plan of building
construction which indicates blocks of construction of less
than the whole project" . In each phase the installation of
any on or off-site improvements shall be sufficiently
completed so as to assure protection from storm or drainage
run off, a safe and driveable access for fire and safety,
*NON-STANDARD CONDITIONS)
**ENVIRONMENTAL MITIGATION MEASURE(S)
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n 1 ,..Z- 'S`,gyp fv� \ �. P -$,.✓�,.
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HEINE, JAMES & NANCY
8 OF 11
SUB/86-0018/E315-102/TR 13514
Conditions of Approval
and the ordinary and intended use of the buildings or
structures. The Building official, with the concurrence of
the office of the Surveyor, may approve any plan or approve
a change to an_ approved plan, which complies with the intent
of this policy.
*43 . Nice Avenue shall be improved half width to Collector Road
Standards.
*44. The applicant shall, prior to issuance of building permits,
pay his fair share contribution of $300 . 00 toward
signalization of the intersection of Crafton Avenue at State
Highway 38 (Mentone Boulevard) .
OFFICE OF PLANNING
45. Sidewalks shall be provided. throughout the tract, including
all peripheral streets.
46. Developer shall provide for street lighting within the tract
as follows:
A. Low intensity , energy-efficient street lights at
all intersections;
B. Install underground conduit with a pull cord (for
future installation of additional lights) through the
tract;
C. Deposit monies with the Special Districts Department to
cover all installation and connection charges for
additional street lights per adopted County policy
regarding light pole spacing and location.
D. Prior to recordation, the tract shall be annexed to
the appropriate district to provide street light
maintenance.
47. Subdivider shall present evidence to the County's Surveyor's
office that he has tried to obtain a non-interference letter
from any utility company that may have rights of easement
within the property boundaries.
48. Easements of record not shown on the tentative map shall
be relinquished or relocated. Lots affected by proposed
easements or easements of record, which cannot be relinquished
or relocated, shall be redesigned.
49. Utility lines shall be placed underground in accordance
with the requirements of County Ordinance.
*NON-STANDARD CONDITIONS)
**ENVIRONMENTAL MITIGATION MEASURE(S)
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HEINE, JAMES & NANCY
PAGE 9 OF 11
SUB/86-0018/E315-102/TR 1514
Conditions of Approval
*50. All lots shall have a minimum area of 8,400 square feet,
a minimum depth of one hundred (100) feet and a minimum
width of 60 feet, (70 feet on corner lots) . In addition,
each lot on a cul-de-sac or on a curved street where the
side lot lines thereof are diverging from the front to rear
of the lot, shall have a width of not less than sixty (60)
feet measured at the building setback line as delineated on
the final tract map.
51. Where lots occur on the bulb of a cul-de-sac, a minimum lot
depth of ninety (90) feet will be permitted. If the proposed
depth is less than ninety (90) feet, a plot plan must be
submitted to demonstrate that a buildable lot area is possible
and to justify the lesser depth.
*52. Prior to recordation, the applicant shall submit a composite
development map to the Office of Planning for review and
approval, to show the following:
A. A variable front yard building setback line of at least
22 feet and averaging at least 25 feet.
B. A side yard building setback line of at least 15 feet
adjacent to side streets on corner lots.
C. Required drainage easements and building setback line
from the natural drainage courses, if applicable.
D. The Composite Development Plan shall include two notes
regarding landscaping as follows: A) The first note
shall state "Prior to issuance of occupancy permits, a
minimum number of one (1) 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:
cul-de-sac lot - 1 tree;
interior lot - 2 trees;
corner lot - 3 trees;
These trees are to be of a type and are to be placed in
such a manner as indicated in note # . " B) The
second note shall specify three approved street tree
types (actual variety is to be approved by the Planning
Officer) and shall detail the planting specification as
outlined in the County's Standards and Specifications
for Tree Planting.
53 . A final grading plan shall be required. Said grading plan
shall be submitted to the Office of Building and Safety
for review and approval. All on-site cut and fill slopes
*NON-STANDARD CONDITION(S)
**ENVIRONMENTAL MITIGATION MEASURE(S)
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• HEINE, JAMES & NANCY , PAGE 10 OF 11
SUB/86-0018/E315-102/TR 13514
Conditions of Approval
shall:
A. Be limited to a maximum slope ratio of 2 to 1 and a
maximum vertical height of thirty (30) feet. 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.
54. A copy of the final grading plan, approved by Building and
Safety, shall be submitted to the Office of Planning when
graded cut slopes exceed five (5) feet in height and fill
slopes exceed three (3) feet in height.
55. Three (3) copies of a Landscaping Plan shall be submitted
for Office of Planning 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 out 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 lot 15 gal. ; 40% 5 gal. ; 50% 1 gal.
Shrubs 20%5 gal. ; 80% 1 gal. ;
Gkoundcover 1004 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.
D. Any existing trees to remain on site. Any existing
*NON-STANDARD CONDITION(S)
**ENVIRONMENTAL MITIGATION MEASURE(S)
HEINE, JAMES & NANCY PAGE 11 OF 11
SUB/86-0018/E315-102/TR 13514
Conditions of Approval
eucalyptus trees to be retained shall be topped to
thirty (30) feet, trimmed along the lower fifteen (15)
feet, and cleared of all dead leaves and branches.
56. Three (3) copies of an irrigation plan shall be submitted
for Office of Planning 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 irriga-
tion systems, where required, shall be designed on an
individual lot basis unless commonly maintained in an
approved manner.
57. All landscaping and irrigation shown on the approved landscape
and irrigation plans and all required walls shall be completed
or suitable bonds posted for their completion.
**58. Prior to issuance of building permits, the developer shall
pay school fees in compliance with California Government
Code Section 53080 et. seq. , if in effect and as adopted by
the school district of jurisdiction.
*NON-STANDARD CONDITION(S)
**ENVIRONMENTAL MITIGATION MEASURE(S)
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EXHIBIT "B"
pgLgd N.Q,2:
Lot 5 of Tract 13514,in the County of San Bernardino, State of California,as per
plat recorded in Book 220 of Maps,page(s)46,47 and 48,records of said County.
l
11
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