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HomeMy WebLinkAbout7999RESOLUTION NO 7999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING TENTATIVE TRACT MAP NO 20065 WHEREAS, Daniel Buoye, has filed an application for Tentative Tract Map No 20065 with the City of Redlands for the subdivision of approximately 10 44 acres into twenty-nine (29) single-family residential lots and one lettered lot for property located at 1432 E Highland Avenue (the "Property"), and WHEREAS, on May 28, 2019, the City of Redlands' Plaimmg Commission held a noticed public hearing at which interested persons had an opportunity to testify in support of, or in opposition to, the Project, and WHEREAS, at the public hearing on May 28, 2019, the Planning Coinrmssion considered, heard public comments on, and recommended approval to the City Council of the Project, and WHEREAS, on July 4, notice of this City Council's public hearmg for Project was published in the Redlands Daily Fact by the City Clerk, and WHEREAS, on July 16, 2019, the City Council held public hearings and considered the staff written and oral reports, the recommendation of the Planning Commission, the testimony and written evidence submitted by and on behalf of the applicant, and testnnony by members of the public, and WHEREAS, at the public hearings on July 16, 2019 and September 3, 2019, the City Council considered, heard public coininents on the Property, NOW, THEREFORE, be it resolved by the City Council of the City of Redlands as follows Section 1 The City Council hereby approves Tentative Tract Map No 20065, subject to the conditions of approval identified m Exhibit "A" of this Resolution, based upon the following findings A The proposed map will be consistent with the Redlands General Plan and the Redlands Municipal Code The proposed subdivision is designated in the General Plan land use map as Low Density Residential which perinits up to 6 dwelling units per acre The proposed zonmg designation is Suburban Residential Estate (R -S) Distnct, and the proposed density of 2 7 units per gross acre (and 3 3 units per net acre) would be consistent with the General Plan land use designation The application supports the General Plan policies 4-P 10, 4-P 17, 4-P 23, and 4 40q, as listed m Chapter 4 (Livable Community) m the 2035 General Plan This finding can be made B The project site is physically suitable for the type of development The site has a relatively flat topography and is large enough to subdivide the site into 29 residential lots and one lettered lot m accordance with the density and design requirements of the Redlands General Plan 1 11Resolutions\Res 7900 7999\7999 TTM 20065.doex and the Redlands Municipal Code All on-site and off-site improvements proposed as part of the project's design will meet all City standards and provide a safe and efficient enviromnent for the residents In addition, the existing residential neighborhoods surrounding the project site were developed in similar lot sizes and densities Therefore, this finding can be made C The site is physically suitable for the density of the development The proposed subdivision is designated in the General Plan land use map as Low Density Residential, which allows a maximum density of up to 6 dwelling units per gross area The project site's topography is relatively flat and the design of the subdivision will generally follow the grade of the site, and will not require excessive grading to yield the number of lots proposed The project proposes a density of 2 7 dwelling units per gross acre, and 3 3 dwelling units per net acre, and is physically suitable for the density of development In addition, other similar residential development (single- family subdivisions) have been developed in surrounding vicinity m the past four decades that are sunilar to the density proposed with this project D The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or other habitat because an Initial Study / Mitigated Negative Declaration was prepared for the project and although there is a potential impact on biological resources, appropriate mitigation measures have been incorporated into Conditions of Approval to mitigate the nnpact on the natural environment to a level less than significant With the incorporation of the Biological Resources Mitigation Measures 1 through 9 m the Initial Study/Mitigated Negative Declaration (and included as Conditions of Approval for the project), this finding can be made E The design of the subdivision or the type of improvements are not likely to cause serious public health problems The proposed project would accommodate a single-family residential subdivision, and is not likely to cause any serious public health problems The project is designed with improvements that will meet all City and State building and fire codes Construction -related effects (such as air quality and noise) will not affect any neighboring residential properties or other properties because all potential impacts will be mitigated to a level of less than significant F The design of the subdivision or the type of iinprovement will not conflict with easements, acquired by the public at large, for access through or use of property withm the proposed subdivision because there are no public easements through the property Therefore, this project will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision G The proposed subdivision will not result in parcels that would be too small to sustain their agricultural use pursuant to the California land conservation act ("Williamson Act") because the subject property is not under a Williamson Act Contract pursuant to the California Land Conservation Act of 1965, and will not be detnmental or otherwise affect lands in agricultural use 2 1112esolutions\Res 7900 7999\7999 TTM 20065 docx Section 2 This Resolution shall take effect of the effective date of the City of Redlands Ordinance No 2898 ADOPTED, SIGNED AND APPROVED this 3rd day of September, 2019 ATTEST Sr /le Donaldson, City Clerk 3 I-IResolutions\Res 7900 7999\7999 TTM 20065.docx Paul W Foster, Mayor I, Jeanne Donaldson, City Clerk of the City of Redlands, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof held on the 3rd day of September, 2019, by the following vote AYES Councilmembers Barich, Tejeda, Momberger NOES Councilmember Davis, Mayor Foster ABSENT None ABSTAIN None 4 11Resolutions\Res 7900 7999\7999 TTM 20065 docx Donaldson, City Clerk EXHIBIT A CONDITIONS OF APPROVAL TENTATIVE TRACT MAP No 20065 (APN 0147-161-25-0000) The issuance of any perrmts shall comply with all provisions of the Redlands Municipal Code 2 Unless the Final Map is recorded, or a time extension is granted in accordance with Title 17 ofthe Redlands Municipal Code, this tentative tract map shall expire two (2) years from the date of City Council approval 3 This approval is for a Tentative Tract to subdivide approxuxiately 10 44 acres into twenty- nine (29) single-family residential lots and one (1) lettered lot on an approximately 10 44 acre parcel located East Highland Avenue and west pf Redlands Street (APN 0147-161- 25-0000) 4 The subdivision shall be subject to the provisions of the Residential Development Allocation process under the Growth Management Ordinance, Title 19 of the Redlands Municipal Code Lots 25 through 29 shall be constructed with single -story homes no higher than twenty -feet (20') m height 5 The applicant shall establish a Home Owners Association (HOA) or annex into the Community Facilities District for the care and maintenance of all property improvements held in common ownership of the subdivision The HOA or CFD shall be formed for the property and Conditions, Covenants and Restrictions (CC&Rs) shall be prepared, submitted for review and approval by the City Attorney, prior to approval of the final map The HOA or CFD and the CC&R's shall cover the care and maintenance of all property and improvements held in common ownership of the subdivision and shall also cover the care and maintenance of parkways, groves, basins, trenches, and all lettered lots within the development 6 All plans submitted to the City shall reflect the Planning Commission and City Council approval and any other changes required by the Commission/Council and/or staff 7 The apphcant shall not make any modifications or changes during construction that are in conflict or contrary to the project's approved tentative map, site design, grading plan, Iandscaping plan, or building elevations without first consulting with the Development Services Director or his/her designee 8 Pursuant to Government Code Section 66020(d), certain fees, dedications, reservations or exactions imposed by the City as a condition of approval of this project are subject to a statutory ninety (90) day protest period Please be advised that the ninety (90) day protest period for those fees, dedications, reservations and exactions which are subject to Government Code Section 66020(a) has coinunenced to run on the date this project was approved by the City 5 I 1Resolutions\Res 7900 7999\7999 TTM 20065 docx 9 The property owner and applicant and their successors and assigns, shall defend, by paying for the defense costs of the City of Redlands (for counsel retained by the City), indemnify and hold harmless the City of Redlands, and its elected officials, officers, employees, and agents, from and against any and all claims, actions, and proceedings (collectively "Claims") to attack, set aside, void or annul the approval of this Conditional Use Permit by the City, or Claims brought against the City due to acts or omissions in any way connected to the applicant's project that is the subject of this permit This indemnification shall include, but not be limited to, damages, fees, costs, liabilities, and expenses incurred in such actions or proceedings, including damages for the injury to property or persons, including death of a person, and any award of costs or attorneys' fees In the event any such action is coininenced to attack, set aside, void or annul all, or any, provisions of this permit, or is commenced for any other reason against the City for acts or omissions relating to the applicant's project, within fourteen (14) City business clays following notice of such action from the City, the applicant shall file with the City a performance bond or irrevocable letter of credit, or other forin of security satisfactory to the City (the "Security") in a form satisfactory to the City, and in the amount of $100,000, to ensure applicant's performance of its defense and indemnity obligations under this condition The Security amount shall not limit the total indemnity obligation of the applicant pursuant to this condition The failure of the applicant to provide the Security shall be deemed an express acknowledgement and agreement by the applicant that the City shall have the authority and right, without objection by the applicant, to revoke all entitlements granted for the project pursuant to this permit The City shall have no liability to the applicant for the exercise of City's right to revoke this permit 10 The grading plan associated with the tract map shall be designed so that the incorporation of retaining walls are not necessary on-site whenever feasible 11 The applicant shall record the lots by tract map 12 The applicant shall ensure that the project shall be kept un weed and dust free condition throughout all periods of development 13 All utilities on-site shall be placed underground, including utility vaults Prior to approval of the final map the applicant shall bond for undergrounding of utilities, and submit plans to be approved by the Development Services Director that detail undergroundung of all utilities found on-site Bonds shall be calculated and included in any bonds required by the City of Redlands Municipal Utilities and Engineering Department 14 The applicant shall record the subdivision by a final tract map 15 Prior to the recordation of the final map, the applicant shall submit final landscape and irrigation plans, and wall and fence plans for review and approval by the Development Services Director or his/her designee Perimeter wall along the rear lot lines of lots 25 through 29 shall not exceed six feet (6') m height as viewed from the westerly side 6 1 1Resolutions\Res 7900 7999/7999 TTM 20065 docx 16 There shall be no cross lot drainage m the subdivision without a recorded drainage easement provided to the City prior to recordation of the final map 17 Any conditions of approval determined by the City to not be completed prior to Finial Map approval shall be the subject of a Subdivision Improvements Agreement entered into by the developer with the City 18 The final map shall conform with the tentative map as approved by the City Council 19 The applicant shall provide a subdivision nnprovement bond to ensure the installation of common area landscaping, recreational open space facilities and equipment (if any), and the required noise barrier wall and/or any peruneter walls 20 The applicant shall be required to submit a hghtmg plan to the Development Services Director for review and approval prior to the issuance of any building permits The plan must include details such as beam spreads and/or photometric calculations that do not exceed the value one-half foot candle of illumination at the property line, location and type of fixtures, exterior colors, details on the foundation, and arrangement of exterior lighting 21 Pnor to the issuance of a buildmg permit for wall over three feet m height, or open fence over four feet m height withui the front yard setback, the developer shall obtain a Minor Exception Permit 22 Developer shall comply with all Mitigation Measures (repeated m the following conditions) and related requirements as identified in the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program prepared for the project Pnor to issuance of any building and engmeermg/grading permits to construct the project (unless otherwise specified by the mitigation measure), Developer shall provide sufficient information to the Plannmg Division to ascertain compliance with applicable conditions/mitigations 23 Mitigation Measure BIO -1 Pre -construction surveys for burrowing owl shall be conducted prior to the start of ground disturbing activities (grading, grubbing, and construction) at the Project Site The surveys shall follow the methods described in the CDFW's Staff Repot on Burrowing Owl Mitigation (CDFW 2012) Two surveys shall be conducted, with the first survey being conducted between 30 and 14 days befoie initial ground disturbance, and the second survey being conducted no more than 24 hours prior to initial ground disturbance If burrowing owls and/or suitable burrowing owl burrows with sign (e g , whitewash, pellets, feathers, prey remains) are identified on the Project Site during the survey and impacts to those features are unavoidable, consultation with the CDFW shall be conducted and the methods described in the CDFW's Staff Report on Burrowing Owl Mitigation (CDFW 2012) for avoidance and/or passive relocation shall be followed 24 Mitigation Measure BIO -2 Prior to any construction or grading activities the Project Proponent shall obtain a Section 404 permit from the US Army Corp of Engineers 7 I 1Resolutions\Res 7900 7999/7999 TTM 20065 docx 25 Mitigation Measure BIO -3 The Project Proponent shall submit a formal application and fees to the Regional Water Quality Control Board — Santa Ana region prior to construction activities 26 Mitigation Measure BIO -4 Prior to any construction or grading related activities the Project Proponent shall obtain a pennit pursuant to Section 1600 of the California Fish and Game Code 27 Mitigation Measure BIO -5 Prior to any alterations to the ephemeral drainage, the Project Proponent shall obtain a 1602 Streambed Alteration Agreement 28 Mitigation Measure BIO -6 In the event construction of the Project occurs during the nesting season (February 15th to August 31th), the Project Proponent shall have a pre - construction nesting bird survey within the Project boundary and buffer area by a qualified biologist All active bird nests shall be flagged, and an appropriate avoidance buffer shall be established This buffer shall not be disturbed by construction activities until the nest becomes either inactive, the young have fledged, the young are no longer being fed by the parents, the young have left the area, and the young are no longer expected to be impacted by the project 29 Mitigation Measure BIO -7 The Project Proponent shall ensure that no work is initiated within 72 hours of the nesting bird survey 30 Mitigation Measure BIO -8 If, during the nesting season, 10 days have passed since an area was surveyed, and construction work has not been continuous in that area, then the Project Proponent shall have a qualified biologist perform a new nesting bird survey prior to the continence of work within the area 31 Mitigation Measure BIO -9 In the event active nests are observed adjacent to the Project Site and an avoidance buffer has been established, a biological monitor shall be present to monitor nesting behaviors in order to assess if the nest buffer is appropriate If the birds show any signs of stress, the buffer shall be increased, and work shall be conducted elsewhere until fledging occurs If necessary, the size of the buffer area shall be reduced if the biologist deternunes that the construction activity would not have an adverse effect on the particular species m question 32 Mitigation Measure CR -1 If any prehistoric or historic resources over 50 years of age are encountered during land modification, then activities in the immediate area of the finds (i e , within 50 feet) shall be halted so that a qualified archaeologist can assess the find, determine its significance, and make recommendations for appropriate mitigation measures within the guidelmes of the California Environmental Quality 33 Mitigation Measure CR -2 In the event cultural resources are discovered on-site, the Project Proponent shall allow for monitoring by a qualified archaeologist who meets the Secretary of the Interior's guidelmes and is listed m the Register of Professional Archaeologists Monitoring shall be required for all soil disturbances including grading (cut and fill) 8 1 \Resolutions\Res 7900 7999/7999 TTM 20065 docx Should movement of soils for grading for re -compaction activities show no evidence of an archaeological site or artifacts, and with the agreement of the City of Redlands Planning Division and the on-site archaeological monitor, further monitoring at this location shall no longer be required In the event that a prehistoric site or historic remains older than 50 years is identified during inomtormg, the Project Archaeologist monitor shall be empowered to stop all construction activities m the vicinity of the find (e g , 50 feet radius) 34 Mitigation Measure CR -3 If the discovered archaeological/cultural materials are prehistoric m nature, the Project Archaeologist shall notify the City of Redlands Planning Division and assess the discovered matenal(s) and prepare a survey, study, or report evaluating the impact The Archaeologist's survey, study, or report shall contain a recoirunendation(s), if necessary, foi the preservation, conservation, or relocation of the resource The Developer shall comply with the recommendations of the evaluating Archaeologist, as contained in the survey, study, or report Project development activities may resume once copies of the archaeological survey, study, or report are submitted to the City of Redlands Planning Division and to the South Central Coastal Information Center Department of Anthropology, C S U Fullerton 35 Mitigation Measures CR -4 In the event paleontological resources are uncovered during grading, the Project Proponent shall notify the City Planning Division of the discovery and contact a qualified vertebrate paleontologist to perform a field survey to determine and recoid any non-renewable paleontological resources found on-site The paleontologist shall determine the significance and make recommendations to the City of Redlands for appropnate mitigation measures in compliance with the guidelmes of the Cahforma Environmental Quality Act 36 Mitigation Measure CR -5 If human remams of any kind are found during earthwork activities, all activities shall cease immediately, the Redlands Police Department and the San Bernardino County Coroner and a qualified archaeologist shall be notified The Coroner shall examine the remains and determine the next appropnate action based on the findings If the Coroner determines the remains to be of Native American origin, they shall notify the Native American Heritage Commission The Native American Heritage Commission shall then identify the most likely descendants to be consulted regarding treatment and/or reburial of the remains If a most likely descendant cannot be identified, or the most likely descendant fails to make a recommendation regarding the treatment of the remains within 48 hours after gaining access to them, the contractor shall rebury the Native American human remains and associated grave goods with appropnate dignity on the property m a location not subject to further subsurface disturbance 37 Mitigation Measure GEO-1 Specific recommendations for site grading, foundations, slab support, pavement design, slope maintenance, etc as provided in the November 17, 2017, Report of Geotechnicall Geologic Study and Percolation Testing prepared for the Project by Hilltop Geotechnical, Inc shall be reviewed by the City Engineer for approval 9 1 \Resolutions\Res 7900 7999\7999 "CTM 20065 docx 38 Mitigation Measure TR -1 The Project Proponent shall ensure that the restricted use area shall be kept clear of obstructions including but not limited to trees, fight poles, monument signing, etc including landscaping over 18 inches in height 39 Mitigation Measure TR -2 The Project Proponent shall ensure that curbs along the restricted use area are panted red to not allow ori -street parking 40 Mitigation Measure TCR -1 Native American monitor from the consulting tribe(s), alongside an archaeological monitor with at least 3 years of regional experience, shall be present during all ground disturbing proceedings, on a rotating basis, including but not limited to, all site preparation/construction/demolition based activities, as well as archaeological surveys, testing and data recovery Proof of monitor obtaininent, such as contracting agreements and monitor hires, shall be provided to the City prior to the issuance of any ground disturbance -related permits 41 Mitigation Measure TCR -2 Prior to the issuance of any ground disturbance -related permits, the City shall contact interested tribes to facilitate and coordinate communications with the contractor to develop a mutually -acceptable Monitoring and Treatment Plan (MTP) The MTP shall be reflective of the Mitigation Measures/Conditions of Approval adopted for the project, and Include additional details regarding the monitoring process and schedule The MTP shall be enforced by the City throughout the life of the project 42 Mitigation Measure TCR -3 If a cultural resource is discovered within the project area, ground disturbing activities shall be suspended 100 feet around the resources) and an Environinentally Sensitive Area (ESA) physical demarcation/ban-ler shall be constructed by the developer Work on other portions of the project outside of the buffer area may continue during this assessment period, provided an archaeological and Native American inomtormg team are present during the effort Representatives from consulting tribes, the contractor, and the City Development Services Department shall confer regarding appropriate treatment of the discovered resource(s) A research design shall be developed and will include a plan to evaluate the resource for significance under CEQA and NRNP criteria Additionally, the consulting Tribes will provide mput regarding the significance of the find and its potential as a Tribal Cultural Resource (TCR) Should all Parties agree that a resource is not significant, avoidance or itigation is not warranted, and therefore the project may resume However, should any consulting Tribe wish to obtain this material for any reason, they may do so with the approval of all Parties 43 Mitigation Measure TCR -4 Should the resource be deemed archaeologically significant and/or constitute a TCR, then the apphcant and City shall make a good faith effort to avoid the resource (i e project redesign, cappmg, etc) Should avoidance of the resource not be feasible, and the removal of the resource(s) is necessary to mitigate uripacts, the research design shall be updated to include a Data Recovery Plan that contains a comprehensive discussion of sampling strategies, resource processing, analysis, temporary curation, reporting protocols/obligations, and final disposition of the resource(s) The proposed efforts outlined within the Data Recovery Plan shall be reviewed and approved by all parties prior to implementation Any analysis performed on the resources shall be 10 1 \Resolutions\Res 7900 7999\7999 TTM 20065 docx completed within one hundred and twenty (120) days from the initial recovery of the items from the field 44 Mitigation Measure TCR -5 Significant resources collected from the project area shall be reburied as close to the original find location as possible However, should reburial within/near the original find location during project implementation not be feasible, then a reburial location for future reburial shall be decided upon by the consultmg tribes, the landowner, and the City, and all fmds shall be reburied within this location Additionally, in this case, reburial shall not occur until all ground -disturbing activities associated with the project have been completed, all monitoring has ceased, and all required recordation of resources have been completed All reburials are subject to a reburial agreement that shall be developed between the landowner and the consultmg tribes outlining the determined reburial process/location and shall include measures and provisions to protect the reburial area from any future impacts (vis-a-vis project plans, conservation/preservation easements, etc ) 45 Mitigation Measure TCR -5 Should avoidance and on-site reburial be deemed infeasible with regards to final disposition ofthe resource(s), or should the consulting tribes be unable to come to a consensus as to the appropriate treatment ofthe resource(s) within one hundred and twenty (120) days from the initial recovery of the items, the materials shall be curated The landowner shall relinquish all ownership and rights to this material and confer with the consulting tribes to identify an American Association of Museums (AAM) -accredited facility within the County that can accession the materials into their permanent collections and provide for the proper care of these objects in accordance with the 1993 CA Curation Guidelines A curation agreement with an appropriate qualified repository shall be developed between the landowner and museum that legally and physically transfers the collections and associated records to the facility This agreement shall stipulate the payment of fees necessary for permanent curation of the collections and associated records and the obligation of the Project developer/applicant to pay for those fees 46 Mitigation Measure TCR -6 Should avoidance and on-site reburial be deemed infeasible with regards to final disposition ofthe resource(s), or should the consulting tribes be unable to come to a consensus as to the appropriate treatment of the resource(s) within one hundred and twenty (120) days from the initial recovery of the items, the materials shall be curated The landowner shall relinquish all ownership and rights to this material and confer with the consulting tribes to identify an American Association of Museums (AAM) -accredited facility within the County that can accession the materials into their permanent collections and provide for the proper care of these objects in accordance with the 1993 CA Curation Guidelines A curation agreement with an appropriate qualified repository shall be developed between the landowner and museum that legally and physically transfers the collections and associated records to the facility This agreement shall stipulate the payment of fees necessary for permanent curation ofthe collections and associated records and the obligation of the Project developer/applicant to pay for those fees 47 Mitigation Measure TCR -7 Within sixty (60) days following the completion of the project all ground disturbing activities including but not limited to all site 11 I Vtesolutions\Res 7900-7999\7999 TTM 20065 docx preparation/construction/demolition, or within thirty (30) days following the final disposition of resource(s), a Monitoring Report shall be completed which outlines any discoveries made during project implementation, as well as the protocol that was followed with regards to assessment, treatment, and disposition of the discovery The draft of this document, as well as the drafts of any other documents discussing significance, treatment, and disposition of findings, as well as any site records, shall be prepared by the archaeologist and submitted to the City of Redlands Development Services Department and the consulting tribes for their review and approval All final reports and site records are to be submitted to the local CHRIS Information Center, the City of Redlands, and the consulting tnbes 48 Mitigation Measure TCR -8 In the event that any human remains are discovered during implementation of the Project, ground disturbing activities shall be suspended 100 feet around the resource(s) and an Enviromnentally Sensitive Area (ESA) physical demarcation/barner shall be constructed by the developer The on-site lead/foreman shall then immediately who shall notify the consulting tnbes, the applicant/developer, and the City The City and/or the apphcant/developer shall then immediately contact the County Coroner regarding the discovery If the Coroner recognizes the human remains to be those of a Native American or has reason to believe that they are those of a Native American, the Coroner shall ensure that notification is provided to the NAHC within twenty-four (24) hours of the determination, as required by California Health and Safety Code §7050 5(c) The NAHC-identified Most Likely Descendant (MLD), shall be allowed, under California Public Resources Code §5097 98(a), to (1) inspect the site of the discovery and (2) snake determinations as to how the human remains and funerary objects shall be treated and disposed of with appropriate dignity The MLD, City, and landowner agree to discuss in good faith what constitutes "appropriate dignity" as that tenn is used in the applicable statutes The MLD shall complete its inspection and make recommendations within forty- eight (48) hours ofthe site visit, as required by California Pubhc Resources Code §5097 98 49 Mitigation Measure TCR -9 Reburial of human remains and/or funerary objects (those artifacts associated with any human remains or funerary rites) shall be accomplished in compliance with the California Pubhc Resources Code §5097 98(a) and (b) The MLD in consultation with the Iandowner, shall make the final discretionary determination regarding the appropriate disposition and treatment of human remains and funerary objects All parties are awaie that the MLD may wish to rebury the human remains and associated funerary objects on or near the site of their discovery, m an area that shall not be subject to future subsurface disturbances The apphcant/developer/landowner should accommodate on-site reburial un a location mutually agreed upon by the Parties It is understood by all Parties that unless otherwise required by law, the site of any reburial of Native American human remains or cultural artifacts shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act The Coroner, parties, and Lead Agencies will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth m California Government Code §6254 (r) 50 The attached conditions of approval from the following City Departments/ Divisions are 12 11Resoiudons\Res 7900 7999/7999 TTM 20065 docx applicable to the project, and are hereby incorporated by reference A Municipal Utilities & Engineering Department End of Conditions of Approval i2.....,' Brian Desatnik, Development Services Director 13 I IResolutnons\Res 7900 7999\7999 TTM 20065 docx