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HomeMy WebLinkAboutContracts & Agreements_12-2004Recording requested by and when recorded mail to City Clerk City of Redlands P 0 Box 3005 Redlands, CA 92373 Recorded in Official Records, County of San Bernardino LARRY WALKER :er Auditor/Controller — Recorder R Regular Mail No 2004 0090801 1 1 1 1 1 1 1 1 1 1 2!0512004 1205 PM SR2 Titles 1 Pages 36 Fees 0 00 Taxes 0 00 Other 0 00 FRIO $0 00 AGREEMENT FOR ANNEXATION AND PROVISION FOR CITY UTILITY SERVICES FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 This Agreement for Annexation and Provision of City Utility Services ("Agreement") is made and entered into this 3rd day of February, 2004, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California ("City") and the Miller Family Trust, ("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 authonty 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 WHEREAS, Developer has provided evidence, satisfactory to the City, that Developer is the fee owner of the property comprising San Bernardino County Tentative Tract No 16292, which is located in an unincorporated area within the City's sphere of influence (the "Property") and which the Developer intends to develop as a single family residential development, 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 for San Bernardino County ("LAFCO"), and provides that LAFCO may authonze the City to provide such services within the City's sphere of influence in anticipation of a later change of organization, and WHEREAS, the City's General Plan and Chapter 13 60 of the Redlands Municipal Code establish policies and procedures for the approval of City utility services to development located within the City's sphere of influence and require, 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 [ IPlannsng'JOHNIMISCIpaa03 07 Mary Miller wpd 1 WHEREAS, the City has prepared a General Plan for the unincorporated area in which the Property is located to provide for the orderly planning of such area and has determined that the Property is consistent with the goals and policies of the City's General Plan and the development standards of the Redlands Municipal Code, 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 is unwilling and/or fails to comply with the City's General Plan and the City's development standards 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, Developer has entered into this Agreement to piovide assurances to the City that development of the Property will occur in accordance with the Redlands General Plan and the Development Standards of the Redlands Municipal Code, 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 the Miller Family Trust 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 a "Agreement" means this Agreement for Arinexation and Provision of Utility Services b "Annexation" means the procedure for a change of organization or reorganization set forth in the Cortese -Knox Hertzberg Local Government Reorganization Act of2000 (Government Code sections 56000 et sect, ) c "Developer" means the Miller Family Trust and there successors -in -interest to all 01 any part of the Property d "Project" means the improvement of the Property for the purposes of constructing a maximum of sixty-nine (69) single family residential dwellings, pursuant to existing project approvals e "Existing Project Approvals" means Tentative Tract No 16292, 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 reference, and those certain project approvals in effect as of the effective date of this Agreement with respect to this Property 11Planntn0O1-HN\MISC\paa03 07 Mary Miller wpd 2 f "Property" means the real property owned by Developer which is more particularly described in Exhibit "B", attached hereto and incorporated by this reference 3 Provision of Utility Services The City agrees to provide utility services to the Property consistent with the terms and conditions of this Agreement, provided that the Project complies with all rules and regulations of the City governing the extension and provision of utility services to properties located outside the City's boundaries at the time a request by Developer for application for a water and sewer connection is approved by the City's Municipal Utilities Department Nothing herein represents a commitment by the City to provide such services unless and until Developer complies with all such rules and regulations In accordance with the voter - approved General flan amendment known as Measure "U," Developer agrees to pay, as a condition of approval of an application for water and sewer connection and prior to receiving any services, the full cost of such services as established by the City for the extension ofutihty services to the property 4 A>?reement to Develop by City Standards In consideration of the City's agreement to provide City water and sewer services to the Property, Developer shall develop the Property in accordance with the Redlands General Plan, the Development Standards of the R-1, Single Family Residential District of the Redlands Municipal Code, and all other applicable provisions of the Redlands Municipal Code 5 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 Developer and the City agree that in the event City initiates an annexation of the Property, the City shall be responsible for the costs of such annexation In all other instances where the annexation of the Property is proposed to the City, Developer shall be responsible for such costs 6 Monetary Consideration for Service Extension. Concurrent with the City's extension of services to the Property, Developer shall pay to the City, as a condition of receiving such services in accordance with the voter approved amendment to the City's General Plan known as Measure "U", a sum equivalent to all capital improvement and other development fees which would be applicable to the Property if the property was within the City limits at the time of extension of the services 7 Taxes and Assessments. Developer hereby consents to the imposition of, and agrees Developer shall pay, all taxes and assessments imposed and/or levied by the City which may be applicable to the Property at the time the Property is annexed to the City 8 Recordation By entenng 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 shall 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 1•IPlammng\JOHN\MISClpaao3 07 Mary Miller wpd 3 9 Breach/Failure to Annex In the event Developer fails to comply with its obligations under this Agreement or takes any action to protest, challenge, contravene or otherwise breach any of it obligations or reps esentations under this Agreement, the City shall have the right to, without any liability whatsoever, cease the provision of City utility services to the Property This right shall be m addition to any other legal or equitable relief available to the City 10 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,Ioint-venture or other association of any kmd 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 11 Indemnity and Cost of Litigation a Hold Harmless - Project Developer agrees to and shall hold the City, its elected officials, officers, agents and employees free and harmless from any and all liability for damage of claims for damage for personal injury, including death, and claims for property damage which may arise from the operations, errors, or omissions of Developei 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 all 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 annual 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 01 proceeding 12 Liquidated Damages In the event that the property is not annexed to the City in accordance with the terms of the Agreement, the ownei of the property shall pay each yeai to the City, as liquidated damages, a sum equal to the property taxes and any sales taxes the City would have received had the property been annexed Failure to make such liquidated damages payments shall be cause for the City to cease water andloi sewer service to the Project 13 Section Headings All section headings and sub -headings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement 14 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 1 WianningVO1-INIMISCIpaa03 07 Mary Miller wpd 4 15. 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 16 Binding Effect The burdens of this Agreement bind and the benefits of this Agreement inure to the successors in interest of the Parties hereto 17 Authority to Execute. The person or persons executing this Agreement in behalfof Developer warrant and represent that they have the authority to execute this Agreement on behalfof the legal, fee title owner of the Property 18 Waiver and Release Developer hereby waives and releases any and all claims it may have against City, its elected officials, officers, employees and agents with respect to any City actions or omissions relating to the Project and Developer's and City's entry into and execution of this Agreement Developer makes such waiver and release with full knowledge of Civil Code Section 1542, and hereby waives any and all rights thereunder to the extent of this waiver and release, of such Section 1542 is applicable Civil Code Section 1542 provides as follows "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor " 19 Construction The Parties agree that each party and its counsel have reviewed this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement The Parties further agree that this Agreement represents an "arms -length" transaction agreed to by and between the Parties and that each party has had the opportunity to consult with legal counsel regarding the terms, conditions and effect of this Agreement 20 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 Mary. rown Miller, Trustee Miller Family Trust Dater I \Planning1.1O1-IN\M[SCIpaa03-07 Mary Miller wpd 5 22.„2.1/flys. Catherine M Reed, Trustee Mary B. Miller Charitable Remainder Unitrust Susanne Brown Hills, Trustee Susanne Brown Hills Family Trust CITY OF REDLANDS -Pa-1-v Susan Peppier, May r ATTEST C ty lerk Date Date o \‘\ Date Feb 3, 2004 Date Feb. 3, 2004 L1PlanningUO3-INIMISC1paa03 07 Mary Milker wpd 6 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 Februarya 3, 2004, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorne Poyzer, City Clerk of the City of Redlands, California, personally appeared Susan Peppler and Lorne 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 WITNESS my hand and official seal LORRIE POYZER, CITY CLERK By Beatrice Sanchez, Deputy (909)798-7531 ity Clerk { { 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 Other Title(s) Mayor and City Clerk Entity Represented City of Redlands, a municipal corporation THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW Title or Type of Document Pre -Annexation Agreement Date of Document February 3, 2004 Signers Other Than Named Above. Mary Brown Miller, Susanne Brown Hills and Catherine M Reed CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino SS On January 8, 2004before me, Laurel Hunt Data Name and Tittle of Officer (e g, "Jane Doe Notary Public") personally appeared Mary Brown Miller Namoisi of Sigrler(s) ; . tl�Ra HUNT Commission a 1267702 NolorylPublic California San Barrisrdkro County [ Conan. S Iso Jul 16. 2004 Place Notary Seal Above CJ personally known to me proved to me on the basis of satisfactory evidence to be the person($ whose name(s)- is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in -his/her/their authorized capacity(ies) and that by -his/her/their signature.(s) on the instrument the person{s)- or the entity upon behalf of which the person(s) acted executed the instrument WITNESS my hand and official seal 1 ure of Notary Public OPTIONAL Though the information below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Agreement for Annexation & Provision for City Utility Services Document Date January 20, 2004 Number of Pages 6 Signer(s) Other Than Named Above Catherine M Reed & Susanne Brown Hills Capacity(ies) Claimed b Signer Signer's Name MarBrown Miller, Trustee ▪ Individual ❑ Corporate Officer — Title(s) ❑ Partner —II Limited ❑ General ❑ Attorney in Fact Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing Miller Family Trust RIGHT THIJI OF SIG PRINT R Top of thumb here cc t cxc cc r��c � c cc ccc am= ,.• Lcc rc•q..c ,crc ctr.. C.ve.v�c c.c,,C, x=<,: -C.4,-r.< ,4,,C< as C 1999 National Notary Association 9350 De Solo Ave- P -o Box 2402 Chatsworth, CA 91313-2402 www.nationalnotary.org Prod. No 5907 Reorder Call Tog -Free 1-800-876-8027 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT z.cecc.. C4X.,x ©1999 National Notary Association 9350 De Soto Ave., P.Q. Box 2402 Chatsworth, CA 91313-2402 www.nationalnotery.org Prod No. 5907 Reorder' Call Toll -Free 1 800-876-6827 State of California County of Alameda SS On January 9, 2004 , before me, MARK E. FORBES Date Name and Title of Officer (e.g. Jane Doe Notary Public') personally appeared ' *** CATHERINE M. REED ar#**** Name(s) of Signers) MARX E FORGES 10111. r!,.a'. Commission * 1305487 Notary Public- Carloads t Lor,..r)ilyCorrs-n. �Alameda County E Jun20,2005 MAM E FORBES ?r ConvolsolonI1'30541R "floiwyPublIc -Clang* _Alirrects Cour* 1yearnin _Puss Place Notary Seal Above ❑ personally known to me IX proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me thatU/she/th4 executed the same in MX/her/AMY authorized capacity(ies) and that by NP/her/ € rx signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument SS my hand and off I seal r OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capaclty(ies) Claimed by Signer Signer's Name• ❑ Individual ❑ Corporate Officer — Title(s) O Partner — 0 Limited 0 General O Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing RIGHT THUI OF SIG PRINT R Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ti State of California County of San Bernardino On January 8, 2004 before me, Laurel Hunt Name and Title of Officer (e.g. Jane Doe Notary Public") Date personally appeared Susanne Brown Hills Name(s) of Signer(s) dhlA IH %� ► CanMniodon ■ 1207702 Nobly F4i61e - C. Oomia San Bernardino County Conan E s Jult5, 2004 Place Notary Seal Above C. personally known to me • proved to me on the basis of satisfactory evidence to be the person(s) whose names) istar-e subscribed to the within instrument and acknowledged to me that.he/she/they executed the same in his/her/their authorized capacity(ies), and that by =his/her/their signature(s) on the instrument the persons)-, or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal OPTIONAL Sig alure of otary PubEic Though the information below is not required by law, it may prove valuable to persons relying on fhe document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Do Agreement for Annexation & Provision for City Title or Type of Document Utility Services Document Date January 20, 2004 Number of Pages 6 Signer(s) Other Than Named Above Mary Brown Miller & Catherine M. Reed Capacity(ies) Claimed by Signer Signer's Name Susanne Brown Hills, Trustee ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited CI General ❑ Attorney in Fact gl Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing Miller Family Trust RIGHT THUMBPRINT OF SIGNER Top of Thumb here ,c, et"C,NCApe ce7cc cc cc Gc Y=c.CNQ.4„ _ 01999 National Notary Association • 9350 Oa Soto Ave P.0 Box 2402 • Chatsworth CA 91313-2402 www.nalionalnotary.org Prod. No 5907 Reorder Call Toll -Free 1-800.878.5827 EXHIBIT "A" LAND USE SERVICES DEPARTMENT rm SAN tilt lf?(AARDl=i0 COUNTY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AND PUBLIC SERVICES GROUP PLANNING DIVISION 385 North Arrowhead Avenue • San Bernardino, CA 92415 0182 • (909) 387 4131 Current Planning Fax (909) 387 3249 • Advance Planning Fax (909) 387 3223 15505 Civic Drive • Victorville. CA 92392 • (760) 243 8245 • Fax (760) 243 8212 http //www shcounty gov/landuseservices November 13, 2003 Mary Miller Family Trust 1273 W Crescent Avenue Redlands, CA 92373 MICHAEL E HAYS Director of Land Use Services Effective Date. November 23, 2003 EXPIRATION DATE: November 23, 2006 Pat Meyer/Urban Environs 133 E. Vine Street Redlands, CA 92373 RE TT 16292/E312-105/03, Tentative Tract 16292 to create 69 lots on 16 17 acres, APN 0298-192-03, 20, Redlands Sphere of Influence (Mentone Area) Dear Applicants The Land Use Services Department/Current Planning Division has completed review of the above - referenced Tentative Tract and has approved the approved the application subject to the conditions of approval set forth on attached pages 1 through 14 The lots proposed by your Tentative Tract Map cannot be legally divided, recorded, or sold until the requirements listed on the attached pages have been completed and your final map has recorded The conditions attached are listed under various categones that indicate when the conditions must be met To assist you in obtaining departmental clearances of the conditions, we are enclosing a Condition Compliance Release Form listing the conditions that are required to be met prior to recordation, prior to land disturbance, prior to issuance of building permits and prior to occupancy After you have obtained all necessary signatures, return the applicable Condition Compliance Release Form, containing the onginal signatures) to the Planning Division Allow at least ten {10) working days after submission of the Condition Compliance Release Form for review by the project planner When all conditions listed under "Pnor to Recordation have been met, PIanning will release your project for recordation When all conditions listed under the "Prior to Issuance of Permits" heading have been met/satisfied, the PIammng Division will release your project for permit issuance to the Building & Safety Division NOTE. The Planning Department considers your conditions of approval and Tentative Tract your final development criteria/design. This is not considered a conceptual design. Therefore, any modifications and/or alterations will require the submittal of a Revisions application and approval "Prior to Issuance of Permits". MC; iiUS 2i- NE Board of Supervcsors First District DENNIS HANSEERGER Second District FRED AGU AP ci Cts- ct ro.-tri 0 ;� Mary Miller Family Trust TT 162921E312-105/03 November 13, 2003 Page 2 of 2 All conditions shown on the attached sheets must be met prior to FINAL approval and occupancy of your project After the Building & Safety Division finals your project and notifies the Planning Division, a Conditional Use Permit will be issued and any remaining funds on deposit will be authorized for release This approval shall become null and void if all conditions have not been complied with and the occupancy or use of the land has not taken place within thirty-six (36) months of the date of conditional approval Extension(s) of time may be granted upon written application and the payment of the required fee to the County Planning Division not less than thirty (30) days prior to the date of expiration PLEASE NOTE THIS WILL BE THE ONLY NOTICE GIVEN FOR THE ABOVE SPECIFIED EXPIRATION DATE The applicant is responsible for initiation of extension requests If we may be of further assistance, please feel free to contact this department at (909) 387-4112 Sincerely, TINA TWING, Senior ssociate Planner Land Use Services Department/Current Planning Division cc Chidi Onumonu, Public Works Department/Traffic Division Dan Moye, County Surveyor/Public Works Department Walter Allison, Land Development Roads, Drainage/Public Works Steve Hamer, Land Development Roads, Drainage/Public Works Ray Britain, Environmental Health Services Rod Foskett, Building and Safety - SB Doug Crawford, County Fire Department Gerald Stafford, Chief Appraiser/County Assessor's Office John Jaquess, City of Redlands Planning Department Hicks and Hartwick. Inc Attachments Conditions of Approval Condition Compliance Release Forms Approved Tentative Tract Map Mary Miller Family Trust TT 162921E312-105/2003, APN 0298-192-03, 20 November 13, 2003 FINDINGS• TENTATIVE TRACT 16292 Page 1 of 5 1 The proposed subdivision together with the provisions for its design and improvements is consistent with the San Bernardino County General Plan because the design and improvements conform with the provisions of the Single Family Residential land use district including the location criteria and building density standards The project is consistent with General Plan goals and policies as follows Policy LU -2 —that requires the design and siting of new residential development that meets locational and development standards that ensure compatibility with adjacent land use and community character and encourages the fostering of a variety of housing types and densities and more efficient use of the land, Policy LU -9 — that requires that new development be coordinated with cities' spheres of influence and encourages the consideration of the nature and intensity of the development and consistency with the cities' pre -zoning in their spheres of influence Policy LU -11 — that encourages the promotion of urban infill projects to allow a more efficient use of existing infrastructure and decrease the need for extension of new services 3 The site is physically suitable for the proposed type and density of development, as the land is adequate in size, shape and topography to accommodate the proposed land use, setbacks, walls, fences and other requirements There are no variances being requested 4 The proposed subdivision design and improvements are not likely to cause substantial and environmental damage or substantial and avoidable injury to fish or wildlife or their habitat 5 The design of the subdivision and any related type of proposed improvements are not likely to cause serious public health problems or cause threat to life and property from a conflagration, because the design and density proposed are such that hazards from flood, fire, noise and other potential pubic health hazards are minimized 6 The design of the subdivision and improvements associated with it will not conflict with easements acquired by the public at large for access through or use of the property within the proposed subdivision 7 The design of the subdivision provides, to the extent feasible, passive or natural heating and cooling opportunities 8 The proposed subdivision, its design, density, and type of development and improvements conform to the regulations of the Development Code and the regulations of any public agency having jurisdiction by law 9 The proposed subdivision is not a land project 10 The proposed project will not have a significant effect on the environment On May 4, 2003, it was advertised that a Mitigative Negative Declaration is proposed for this project San Bernardino County Land Use Services Department/Planning Division NEGATIVE DECLARATION Staff Action 385 North Arrowhead Avenue, First Floor, San Bernardino, CA 92415-0182 Prosect Description APN: 0298-192-03* APPLICANT MILLER, MARY PROPOSAL TENTATIVE TRACT 16292 TO CREATE 69 LOTS ON 16 17 ACRES COMMUNITY REDLANDSITHIRD SUPERVISORIAL DISTRICT LOCATION SOUTH SIDE OF NICE AVENUE EXTENDING BETWEEN AGATE AVENUE AND CRAFTON AVENUE, EXCLUDING 1 10 ACRES OF THE SOUTHWEST CORNER JCS/1NDEX 11655TT11E312-105 STAFF Tina Twing REP(S) URBAN ENVIRONS (PATRICK J MEYER) November 23, 2003 Effective date of Negative Declaration (after 10 -day appeal period) Plans and specifications for the referenced project are available for public inspection In the Land Use Services Department, Planning Division Pursuant to provisions of the California Environmental Quality Act and the San Bernardino County Environmental Review Guidelines, the above referenced project has been determined not to have a significant effect upon the environment. An Environmental Impact Report will not be required Reasons to support this finding are included in the written Initial Study prepared by the San Bernardino County Planning Director The decision may be appealed by any aggneved person, organization or agency to the County Planning Commission Appeals shall be filed before the effective date of the Negative Declaration listed above The Notice of Appeal shall be in writing and shall be filed with the appropriate fee at the San Bernardino County Government Center Public Information Counter during normal business hours T!'1 ' e, (Zcite " ant r Signature and Title For Judy Tatman, A!CP, Supervising PI nner Rev 1194 IAP November 93. 9003 Date of Determination Notice of Determination To ❑ Office of Planning and Research From 1400 Tenth Street, Room 121 Sacramento, CA 95814 X Clerk of the Board of Supervisors County of San Bernardino 385 North Arrowhead Avenue, Second Floor San Bernardino, CA 92415-0130 San Bernardino Co Land Use Services Dept 385 North Arrowhead Avenue, Third Floor San Bernardino, CA 92415-0182 Documentary Handling Fee ($35 00) Receipt Number SUBJECT Filing of Notice of Determination in Compliance with Section 21108 or 21152 of the Public Resources Code Project Description APN. APPLICANT PROPOSAL COMMUNITY LOCATION 3CS/ NDEX REP( S) STAFF 0298-192-03* MILLER, MARY TENTATIVE TRACT 16292 TO CREATE 69 LOTS ON 16 17 ACRES REDLANDS/ HIRD SUPERVISORIAL DISTRICT SOUTH SIDE OF NICE AVENUE, EXTENDING BETWEEN AGATE AVENUE AND GRAFTON AVENUE, EXCLUDING 1 10 ACRES OF THE SOUTHWEST CORNER 11655TT1/E312 105 URBAN ENVIRONS (PATRICK J MEYER) Tina Twrng State Clearing House Number N/A Tina Twinq, Senior Associate Planner Lead Agency Contact Person Applicant Mary Miller Family Trust Name 1273 W. Crescent Avenue Redlands, CA 92373 ((909) 792-2218 Representative Pat Meyer/Urban Environs Name 133 E Vine Street Address Redlands. CA 92373 (909) 387-4112 (909) 798-4446 Area Code/Telephone Number Phone This is to advise that the San Bernardino County Planning Division Approved the above-descnbed x Lead Agency Cl Responsible Agency project on November 13. 2003 with an effective date of November 23 2003 and has made Date Date the following determinations regarding the above project 1 The project [❑ will [❑will not] have a significant effect on the environment 2 ❑ An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA [®A Negative Declaration was prepared for this project pursuant to the provisions of CEQA 3 Mitigation measures [®were ❑ were not] made a condition of the approval of the project 4 A statement of Overriding Considerations [❑ was [®was not] adopted for this project 5 Findings [® were ❑ were not] made pursuant to the provisions of CEQA This is to certify that the Final Environmental Documents with comments and responses and record of project approval is available to the General Public at 385 N Arrowhead Avenue, First Floor Government Center, San Bernardino, CA 92 }-0182 TINA TWING / i L./1.406 r. November 13 2003 Signature (Public Agen y) , Date 171!0 Senior Associate Planner Date received for filing at OPR Planning Department - Revised August 1994 San Bernardino County DRC REVIEW Current Planning Division PROJECT I am in agreement with all conditions of approval recommended for this project at the /`--y// —&_1 Meeting of the Development Review Committee Those in attendance at the meeting are representatives frorn LAND USE SERVICES .E21' Current Planning*--- ❑ Advance Planning �- Building & Safety _la" Planning Commissioner PUBLIC HEALTH ,.l—Env Health avcs cgete PUBLIC WORKS FIRE .0" Surveyor (maps only) ,2- County Fire .619 e/a .27' Land D Q, (Rds/Dr na ) 0 County FirelHaz Mat ,I2- Traffic C % �'" ❑ Other Fire SPECIAL DISTRICTS Of applicable) OTHER ,_ 12cL �Cd w �t.Pu.�.)/ki, I understand that the following conditions will be modified or deleted as indicated below AGENCY Ass - CONDITION Jecadee( d eti 4 (W a pi Mo . xi - ae I am in disagreement with the following conditions AGENCY CONDITION RECOMMENDATION ›C STAFF ACTION APPROVED AS CONDITIONED CONTINUE TO RECOMMENDED TO PLANNING COMMISSION DISAPPROVE BASED ON DRC COUNTY DATE 4//1'"�- ATTEST :f//-,, DEVELOPMENT REVIEW COMM (DEVELOPER DATE SIGNED fiii0hhicid, dixo'i, /Ai TITLE SIGN IN SHEET DRC HEARING DATE 6'r PROJECT MA" iW (i,v /4, 2.17 NAME ■ EPARTMENT PHONE # ,�; ._..I// Au,/ /., 3 S 7- 9/- ,. 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Cf -A V{f/AA)) 7iS '1qq-G , Am — PaM4 —i4 I A E/45---.37* ---/-/‘‘6 4-s (a sem' 4 6..5.ed o-uyCZw d ti ..A' ! , - t , s, s / I ...a �5011-e_ r. v. 11)h rt.(n.1 Bel -4/ 4S r� CONDITION COMPLIANCE RELEASE FOR LAND DISTURBANCE This project may require land to be disturbed and/or grading to be conducted as part of the development process In many instances, reviewing agencies have imposed certain requirements or your project that must be completed prior to land disturbance and/or prior to grading In order to ensur€ compliance with these conditions, you are asked to obtain a release from the agencies that haw assigned pregrading/land disturbance requirements to your project A release must be obtained from the agencies circled below I, Environmental Health Services 4k / / 3 and Development Engineering/Roads / S 2 Fire Department/Hazardous Materials Land Development Engineering/Drainage--74_ 3 Fire Department/Community Safety Building and Safety Division/Land Use Svcp Dept 10 Planning Division/Land Use Svcs Dept 8 Coordinate the completion of all pregrading/land disturbance conditions and requirements with the agencies identified above After the requirements have been satisfied, obtain the signature of the releasing authority, and return this form to the project planner Allow at least ten (10) working days for planner review Upon verification that the requirements have been completed, your project will be released for permit authorization FOR STAFF USE ONLY The project referenced below is being reviewed to authorize the disturbance of land and/or issuance of grading permits If the pregrading/land disturbance conditions and requirements have been completed, please release the project with your signature Signature Date Dept Signature Date Dept To Building and Safety Planning Department verifies all land disturbance conditions and requirements are complete Grading permit may be issued APN: APPLICANT PROPOSAL COMMUNITY LOCATION JCS/INDEX REP('S) STAFF 0298-192-03* MILLER, MARY TENTATIVE TRACT 16292 TO CREATE 69 LOTS ON 16 17 ACRES REDLANDS/THIRD SUPERVISORIAL DISTRICT SOUTH SIDE OF NICE AVENUE EXTENDING BETWEEN AGATE AVENUE AND CRAFTON AVENUE EXCLUDING 1 10 ACRES OF THE SOUTHWEST CORNER 11655TT11E312-105 URBAN ENVIRONS (PATRICK J MEYER) Tina Twing Signature Date �r t L V CONDITION COMPLIANCE RELEASE FOR MAP RECORDATION This project requires a map to be recorded as part of the development process In many instances, reviewing agencies have imposed certain requirements on your project that must be completed prior to map recordation In order to ensure compliance with these conditions, you are asked to obtain a release from the agencies that have assigned prerecordation requirements to your project A release must be obtained from the agencies circl-r. +elow• Environmental Health Services &-4I''' a Land Development Engineering -- Roads #-S1/ 2 Fire Department —Hazardous Materials Land Development Engineering — Drainage#6- Fire Department — Fire Protection Plan= •4 Bui sing and Safety k- ._ Planning Department ' � ' 3 c>I) tc) ji ' • 4. .d; 747- Coordinate the completion of all prerecordation and ='ions an. requirements wi the agencies identified above After the requirements have been satisfied, obtain the signature of the releasing authority, and return this form to the project planner. Allow at least ten (10) working days for planner review Upon verification that the requirements have been completed, your project will be released for recordation 50 /A-r-e:o FOR STAFF USE ONLY The project referenced below is being reviewed to authorize the recordation of a map If the prerecordation conditions and requirements have been completed, please release the project with your signature Signature Date Dept Signature Date Dept APN• 0298-192-03* APPLICANT MILLER MARY PROPOSAL TENTATIVE TRACT 16292 TO CREATE 69 LOTS ON 16 17 ACRES COMMUNITY REDLANDS/THIRD SUPERVISORIAL DISTRICT LOCATION SOUTH SIDE OF NICE AVENUE EXTENDING BETWEEN AGATE AVENUE AND CRAFTON AVENUE EXCLUDING 1 10 ACRES OF THE SOUTHWEST CORNER JCS/INDEX 11655TT1/E312-105 STAFF Tina Twing REP( S) URBAN ENVIRONS (PATRICK J MEYER) \.‘,.. - J CONDITION COMPLIANCE RELEASE FOR BUILDING PERMITS This project requires building permits as part of the development process In many Instances reviewing agencies have imposed certain requirements on your project that must be completed prior tc issuance of those permits In order to ensure compliance with these conditions, you are asked tc obtain a release from the agencies that have assigned prebuilding permit requirements to your project A release must be obtained from the agencies circled below 1. Environmental Health Services 2 4 Fire Department/Hazardous Materials Fire Department/Fire Protection Planet ffs Planning Division/Land le Svcs Dept Land Development Engineering/Roads 7 6 Land Development Engineering/Drainage 7 Building & Safety Div Ind Use Svcs Dept Coordinate the completion of all prebuilding permit identified above After the requirements have been authority, and return this form to the project planner review Upon verification that the requirements have permit authorization conditions and requirements with the agencies satisfied, obtain the signature of the releasing Allow at least ten (10) working days for planner been completed, your project will be released for FOR STAFF USE ONLY The project referenced below is being reviewed to authorize the Issuance of building permits If thei prebuilding permit conditions and requirements have been completed, please release the project with your signature Signature Date Dept Signature Date Dept To Building and Safety. Planning Department verifies all and requirements are complete pemits may be issued APN. APPLICANT PROPOSAL COMMUNITY LOCATION JCS/INDEX STAFF REP( S) conditions Building 0298-192-03* MILLER, MARY TENTATIVE TRACT 16292 TO CREATE 69 LOTS ON 1617 ACRES REDLANDS/THIRD SUPERVISORIAL DISTRICT SOUTH SIDE OF NICE AVENUE, EXTENDING BETWEEN AGATE AVENUE AND CRAFTON AVENUE EXCLUDING 1 10 ACRES OF THE SOUTHWEST CORNER 11655TT1/E312-105 Tina Twing URBAN ENVIRONS (PATRICK J MEYER) Signature Date CONDITION COMPLIANCE RELEASE FOR OCCUPANCY/USE This project requires authorization to occupy and/or use the project In addition to the final clearance granted by Building and Safety, other reviewing agencies may have imposed certain requirements on your project that must be completed prior to issuance of said clearance. In order to ensure compliance with these conditions, you are asked to obtain a release from the agencies that have assigned pre- occupancy/pre-use requirements to your project A release must be obtained from the agencies circled below. 1 Environmental Health Services 2 Fire Department/Hazardous Materials Fire Department/Fire Prot cy/Plannino 4 Planning Division/Land Use Svcs Dept. 6 7 8 Land Development Engineering/Roads .„et— Land , Land Development Engineering/Drainage Building & Safety Div./Land Use Svcs Dept Coordinate the completion of ail pre-occupancy/pre-use conditions and requirements with the agencies identified abo'.e After the requirements have been satisfied, obtain the signature of the releasing authority, and return this form to the project planner Allow at least ten (10) working days for planner review Upon verification that the requirements have been completed, your project will be released for permit authorization FOR STAFF USE ONLY The project referenced below is being reviewed to authorize the occupancy/use of the proposal If the pre-occupancy/pre-use conditions and requirements have been completed, please release the project with your signature Signature Date Dept Signature Date Dept APN. APPLICANT PROPOSAL COMMUNITY LOCATION JCS/INDEX STAFF To Building and Safety REP('S) Planning Department verifies all conditions and requirements are complete Project may be fnaled Return Conditional Use Permit to project planner 0298-192-03* MILLER, MARY TENTATIVE TRACT 16292 TO CREATE 69 LOTS ON 16 17 ACRES REDLANDSITHIRD SUPERVISORIAL DISTRICT SOUTH SIDE OF NICE AVENUE, EXTENDING BETWEEN AGATE AVENUE AND CRAFTON AVENUE, EXCLUDING 1 10 ACRES OF THE SOUTHWEST CORNER 11655TT1/E312 105 Tina Twmg URBAN ENVIRONS (PATRICK J MEYER) Signature Date APN'S 0298-192-03, 20 Mary Miller (Mentone) E312-105/Tentative Tract 16292 Conditions of Approval —November 13, 2003 Page 1 of 14 EFFECTIVE DATE 11/23/03 EXPIRATION DATE 11/23/06 Pursuant to California State Assembly Bill 3158, this project is subject to a $1,250 California State Department of Fish and Game fee. This fee, set by the State Fish and Game Code Section 711.4, along with a S35 00 administrative handling fee required by the Clerk of the Board of Supervisors, must be submitted to the Planning Department prior to issuance of conditional approval Section 21089(b) of the Public Resources Code provides that any project approved under the California Environmental Qualities Act (CEQA) is not operative, vested, or final until the required fee is paid GENERAL/ON-GOING CONDITIONS LAND USE SERVICES DEPARTMENT/CURRENT PLANNING DIVISION (909) 387-4115 1 Tlus project is subdivision (Tentative Tract Map 16292) to create sixty-nine (69) lots on 16 17 acres for the development of single-family residences 2 The applicant shall agree to defend at his sole expense anv action brought against the County, its agents officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval in compliance with the San Bernardino County Development Code Section 81 0150 (a -c) The applicant shall reimburse the County, its agents, officers, or employees, for any court costs and attorney's fees which the County, its agents, officers, or employees may be required by a court to pay as a result of such action The County may, at its sole discretion, participate at its own expense m the defense of any such action but such participation shall not relieve applicant of his obligation under this condition 3 All conditions must be completed and the Final Map must be recorded within thirty-six (36) months of the date of approval, or this Tentative Tract Map shall become null and void Where circumstances cause delays that do not permit compliance with the 36 month time limitation, the Planning Director may grant an extension of time for a period not to exceed an additional thirty-six (36) months Applications for such extension of time must set forth in writing the reasons for this extension and be submitted with the appropriate fee to the Land Use Services Department thirty (30) calendar days before the date of expiration. NOPE There will be no reminder sent. The applicant is responsible to submit such a request at least thirty (30) days pnor to the expiration date 4 Additional fees may be required pnor to issuance of development permits and shall be paid as specified in adopted fee ordinances 5 Utility lures shall be placed underground m accordance with the requirements of County Ordinance. Non -Standard conditions are italicized Mitigation Measures are bolded APN'S 0298-192-03, 20 Mary Miller (Mentone) E312-105/Tentative Tract 16292 Conditions of Approval — November 13, 2003 Page 2 of 14 EFFECTIVE DATE 11/23/03 EXPIRATION DATE- 11/23/06 6 All landscaping, fencing, and structures shall be maintained regularly by the developer, or the property owner, as appropriate, so that all facets of the development are kept in continual good repair, including but not limited to the removal of graffiti and the continued provision of healthy thriving landscaping The property will be maintained so that it is visually attractive and not dangerous to health and welfare of the surrounding properties PUBLIC WORKS DEPARTMENT/LAND DEVELOPMENT -- ROADS (760) 243-8183 7 Roads within this development shall be entered into the County Maintained Road System PRIOR TO ISSUANCE OF GRADING PERMITS OR ANY LAND DISTURBING ACTIVITY, THE FOLLOWING SHALL BE COMPLETED: LAND USE SERVICES DEPARTMENT/BUILD1NG AND SAFETY DIVISION (909) 387-4246 8 Tentative Map shows off-site grading A notarized letter of permission from the property owner of the "not a part" lot shall be submitted to the Division of Building and Safety prior to land disturbance or issuance of grading permits 9 Grading plans shall be submitted to Building and Safety for review and approval prior to grading/land disturbance 10 A demolition permit shall be obtained for any building(s) or structures to be demolished Underground structures must be broken m, back-filled and inspected before covering 11 The developer shall submit plans and obtain separate building permits for any required walls, retaining walls or trash enclosures 12 An engineering geology report shall be submitted to the Building and Safety Division for review and approval prior to issuance of grading permits 13 Pnor to permit issuance, construction projects ittvolvmg one or more acres must be accompanied by a copy of the Regional Board permit letter with the WDID # Construction activity includes clearing, grading, or excavation that results in the disturbance of at least one acre of land total 14 Erosion control devices must be installed at all perimeter openings and slopes No sediment is to leave the job site 15 All erosion control planting, landscaping and devices shall be installed upon completion of rough grading Non -Standard conditions are italicized Mitigation Measures are bolded APN'S 0298-192-03, 20 Mary Miller (Mentone) E312-105/Tentative Tract 16292 Conditions of Approval — November 13, 2003 Page 3 of 14 EFFECTIVE DATE 11/23/03 EXPIRATION DATE 11/23/06 16 The developer shall submit professionally prepared plans for approval and obtain permits prior to any construction DIVISION OF ENVIRONMENTAL HEALTH SERVICES (909) 387-4666 17 The project area has a high probability of containing vectors DEHS Vector Control Section will determine the need for vector survey and any required control programs Prior to land disturbance/issuance of grading permits, a vector clearance letter shall be submitted to DEHS/Land Use For information, contact Vector Control at (909) 388-4600 PUBLIC WORKS DEPARTMENT/LAND DEVELOPMENT/ROADS (760) 243-8183 18 Grading plans shall be submitted to this office for review 19 An encroachment permit, or authorised clearance, shall be obtained from the County Department of Public Works, prior to the issuance of a grading pen int by the Land Use Services/Building & Safety Division 20 Existing County roads that 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 pnor to the issuance of a road encroachment permit Upon completion of the road and drainage improvement to the satisfaction of the Department of Public Works, the cash deposit may be refunded LAND DEVELOPMENT/ENGINEERING, DRAINAGE (909) 387-8218 OR (760) 243-8183 21 All lots should drain to streets If lots do not dram to streets, the cross -lot drainage shall be reviewed and approved by the Building and Safety Division under provisions of the Uniform Building Code, Chapter 70, and the County Development Code 22 The project site is located in FEMA Zone X (shaded), according to FEMA Panel Number 8730F and will require a Flood Hazard Review to be submitted to Land Development Section/Drainage, for review prior to issuance of grading or building permits 23 Adequate rolls shall be provided on the entr ance roads to the site at Moss Street, to minimize the possibility of street flow entering the site Non -Standard conditions are italicized Mitigation Measures are bolded APN'S 0298-192-03,20 Mary Miller (Menton) E312-105/Tentative Tract 16292 Conditions of Approval — November 13, 2003 Page 4 of 14 EFFECTIVE DATE 11/23/03 EXPIRATION DATE• 11/23/06 LAND USE SERVICES DEPARTMENT/CURRENT PLANNING DIVISION (909) 387-4115 24 A copy of the grading plan shall be submitted to Planning for review of landscaping requirements when graded cut slopes exceed five (5) feet m height and fill slopes exceed three (3) feet m height 25 Erosion control and hydroseedmg shall be installed on all slopes exceeding three (3) feet of fill and five (5) feet of cut upon completion of grading. 26 Water spraying or other methods shall be used during grading operation to control fugitive dust 27 Dust Control Plan The developer shall submit a Dust Control Plan (DCP) to County Building and Safety consistent with SCAQMD guidelines The DCP shall include activities to reduce on-site and on-site dust production This measure shall be implemented to the satisfaction of County Building and Safety. Such activities shall include, but are not limited to, the following Throughout grading and construction activities, exposed soil shall be kept moist through a minimum of twice daily watering to reduce fugitive dust Street sweeping shall be conducted when visible soil accumulations occur along site access roadways to remove dirt dropped by construction vehicles or dried mud carried off by trucks moving dirt or bringing construction materials Site access driveways and adjacent streets will be washed if there are visible signs of any dirt track -out at the conclusion of any workday ▪ All trucks hauling dirt away from the site shall be covered to prevent the generation of fugitive dust. ■ During high wind conditions (i.e., wind speeds exceeding 25 mph) areas with disturbed soil will be watered hourly and activities on unpaved surfaces shall be terminated until wind speeds no longer exceed 25 mph o Storage piles that are to be left in place for more than three working days shall either be sprayed with a non-toxic soil binder or covered with plastic or revegetated until placed in use ▪ Tires of vehicles will be washed before the vehicle leaves the project site and enters a paved road ▪ Dirt on paved surfaces shall be removed daily to minimize generation of fugitive dust. Non -Standard conditions are italicized Mitigation Measures are bolded APN'S: 0298492-03, 20 Mary Miller (Mentone) E312-105/Tentative Tract 16292 Conditions of Approval —November 13, 2003 Page 5of14 EFFECTIVE DATE 11/23/03 EXPIRATION DATE. 11/23/06 PRIOR TO RECORDATION OF THE FINAL MAP FOR TENTATIVE TRACT 16292, THE FOLLOWING CONDITIONS SHALL BE MET: COUNTY FIRE DEPARTMENT (909) 386-8400 28 Water systems shall be designed to meet the required fire flow for this development and shall be approved by the Fire Department The required fire flow shall be deternuned by using Appendix IIIA of the Uniform Fire Code The fire flow for this project shall be 1, 250 GPM for a 2 -Hour duration at 20 psi residual operating pressure 29 The developer shall submit four (4) copies of the water system improvement plans to the Fire Department for review and approval New water systems shall have minunum eight (8) inch mains, six (6) inch Iaterals, six (6) inch risers and an approved six (6) inch fire hydrant. 30 Plans shall be submitted to the Fire Department for review and approval, contauung the following items 31 Access The development, and each phase thereof, shall have a minimum of two (2) points of vehicular access. These are for fire/emergency equipment access and for evacuation routes 32 Turnaround. An approved turnaround shall be provided at the end of each roadway one hundred and fifty (150) feet in length Cul-de-sac length shall not exceed six hundred (600) feet, all roadways shall not exceed a 12% grade and shall have a minimum of forty (40) foot radius for all turns 33 Access — 150+ feet Roadways exceeding one hundred fiftv (150) feet m length shall be approved by the Fire Department These shall be extended to within one hundred fifty (150) feet of, and shall give reasonable access to, all portions of the exterior walls of the first story of any building Written documentation for private road maintenance including, but not limited to, grading and snow removal shall be submitted to the Fire Department for review and approval. LAND USE SERVICES DEPARTMENTBUILDING AND SAFETY DIVISION (909) 387-4246 34 A Geotechnical (soils) report shall be submitted to the Building and Safety Division for review and approval by the County Geologist together with the appropriate review fees, prior to recordation of the final map Non -Standard conditions are italicized Mitigation Measures are bolded APN'S 0298-192-03, 20 Mary Miller (Mentone) E312-105/Tentative Tract 16292 Conditions of Approval —November 13, 2003 Page 6 of 14 EFFECTIVE DATE• 11/23/03 EXPIRATION DATE 11/23/06 LAND USE SERVICES DEPARTMENT/ CURRENT PLANNING DIVISION (909) 387-4115 35 Pnor to approval for recordation, all fees required under actual cost job number 11655TT1 shall be paid in full 36 Composite Development Plan A Composite Development Plan complying with Sections 83 040501 and 84 0325 of the County Development Code shall be filed with and approved by Transportation/Flood Control, Surveyor Division The following shall be delineated on the Composite Development Plan. ■ All lots shall have a minimum area of 7,200 square feet, a minimum depth of 100 feet, and a minimum width of 60 feet, with 70 feet on corner lots In addition, each lot on a cul-de-sac or on a curved street, where the side Iot lines thereof are diverging from the front to the rear of the lot, shall have a width of not less than 40 feet, when measured at the building setback Innes delineated on the Composite Development Plan ■ A vanable front yard setback of at least 22 feet (average of 25') from internal edge of sidewalk Delineate vanable setbacks and footprints where no three adjacent units shall have their closest facade to the street within the same plane ■ Street side yard setback of at least twenty-five (25) feet ■ Side yard setbacks shall be five (5) feet and ten (10) feet minimums on alternate side yards A ten (10) foot side yard setback is required adjacent to the garage ■ Rear yard setback of 25 feet ■ Lot coverage shall not exceed 30% ■ All notes required by other departments/divisions, as stated m these conditions, shall also be placed on the Composite Development PIan 37 Landscaping. Plan Four (4) copies of a landscaping plan shall be submitted to the Current Planning Division for review and approval Said landscape plan shall include the following Non -Standard conditions are italicized Mitigation Measures are bolded APN'S. 0298-192-03, 20 Mary Miller (Mentone) E312-105/Tentative Tract 16292 Conditions of Approval —November 13, 2003 Page 7 of 14 EFFECTIVE DATE 11/23/03 EXPIRATION DATE 11/23/06 Required Slope Planting Slope planting shall be required for the surface of all cut slopes more than five (5) feet m height and fill slopes more than (3) feet in height Said slopes shall be protected against damage from erosion by planting with grass or ground cover plants Slopes including cnb walls, exceeding ten (10) feet in vertical height shall be planted with shrubs, spaced not to exceed ten (10) feet on centers. and trees, spaced not to exceed thirty (30) feet on centers The plants selected and planting methods used shall be suitable for the soil and climatic conditions of the site Drought tolerant and fire resistive plantings shall be used to the maximum extent possible The following plant material ratios shall be utilized for all required plantings. Trees 50% - 15 gal, 50% - 5 gal Shrubs 50% - 5 gal; 50% -1 gal Groundcovers/Hardscape 100% coverage Required Street Trees One (1) inch caliper/15 gallon, multi -branched trees shall be planted on the lot adjacent to the street nght-of-way no closer than fifteen (15) feet from the curb line as follows Cul-de-sac lot Intenor lot Comer lot 1 tree 2 trees 3 trees Reauired Walls A six-foot block wall is required along the rear perimeter property lines of Lots 50-67, and 19, 20, 68 and 69, and along the east property line of Lot 16, excluding the front yard setbacks The wall shall be constr ucted with decorative block and be appropriately capped 38 Irrigation Plan. Four (4) copies of an irrigation plan shall be submitted to the Current Planning Division for review and approval when slope planting and/or any other planting is required Areas required to be planted shall be provided with an approved system of irrigation designed to cover all portions of the landscaped areas A functional test of systems may be required The maintenance of 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 or other appropriate entity Non -Standard conditions are italicized Mitigation Measures are bolded APN'S 0298-192-03, 20 Mary Miller (Mentone) E312-105/Tentative Tract 16292 Conditions of Approval —November 13, 2003 Page 8 of 14 EFFECTIVE DATE 11/23/03 EXPIRATION DATE 11/23/06 39 Irrigation shall be pnmanly provided by dnp, bubbler or other non-aenal water serving method or system The system shall include timers for controlled application Suitable temporary irrigation methods may be substituted upon written approval by the Current Planning Division when used to establish native or drought/fire resistant plantings All imgation systems, where required, shall be designed on an individual lot basis 40 The developer shall submit to the Land Use Services Department/Current Planning Division for review and approval a copy of the Conditions, Covenants, and Restriction for the tract, if applicable The CC&R's shall include requirements for no vehicular parking or overhang on the sidewalk and no visible roof mounted equipment. 41 Drought -resistant, fire retardant vegetation should be used for any replacement landscaping to reduce water consumption and promote slope stability (where applicable) All landscaped areas shall be irrigated in a manner designed to conserve water This requirement shall be included in any recorded Conditions, Covenants, and Restrictions (CC&R's) for this project. DIVISION OF ENVIRONMENTAL HEALTH SERVICES [DENS] (909) 387-4666 42 The water purveyor shall be the City of Redlands. Applicant shall procure a venfication letter from the City of Redlands This letter shall state whether or not connection and service can be made available to the project by the water agency This letter shall reference File Index Number E312-105/TT16292 and Assessor's Parcel Number 0298-192-03, 20 43 Method of sewage disposal shall be the City of Redlands. Applicant shall procure a venfication letter from the City of Redlands This letter shall state whether or not sewer connection and service can be made available to the project by the sewenng agency. This letter shall reference File/Index Number E312-105/TT 16292 and Assessor's Parcel Numbers 0298-192-03, 20 44 The following are the steps that must be completed to meet the requirements for installation and/or fmance of the on-site/off-site water system and/or sewer system 45 Where the water and/or sewer system is to be installed pnor to recordation, it is the developer s responsibility to submit to the PUBLIC WORKS DEPARTMENT, OFFICE OF THE SURVEYOR a copy of the approved plan and a signed statement from the utility of j unsdiction confirming that the improvement has been installed and accepted Non -Standard conditions are italicized Mitigation Measures are bolded APN'S 0298-192-03, 20 Mary Miller (Mentone) E312-105/Tentative Tract 16292 Conditions of Approval —November 13, 2003 Page9of14 EFFECTIVE DATE 11/23/03 EXPIRATION DATE 11/23/06 46 Where a bond is to be posted m lieu of installation of the improvement the developer shall submit the approved plans and determined amount or a signed statement from an acceptable governmental entity, that financial arrangements have been completed and submitted to the PUBLIC WORKS DEPARTMENT, OFFICE OF THE SURVEYOR 47 Submit preliminary acoustical information, demonstrating that the proposed project maintains noise levels at or below San Bernardino County Noise Standards(s), San Bernardino Development Code Section 87 0905(b) The purpose is to evaluate potential future on-site and/or adjacent noise sources If the preliminary information cannot demonstrate compliance to noise standards, a project specific acoustical analysis shall be required Submit Information/analysis to the DEHS for review and approval For information and acoustical checklist, contact DEHS at (909) 387-4655. 48 Evidence shall be provided that all wells are (1) properly destroyed under permit from the County OR (2) constructed to DEHS standards, properly sealed and certified to the County as inactivated OR (3) constructed to DEHS standards and meet the quality standards for the proposed use of the water (industrial and/or domestic) Evidence shall be submitted to DEHS/Water Section for approval Contact DEHS/Water Section for approval Contact or for more information at (909) 387-4666 LAND USE SERVICES DEPARTMENT/SURVEYOR DIVISION (909) 387-8145 49 Easements of record not shown on the tentative map shall be relinquished or relocated. Lots affected by proposed easements or easements of record, that cannot be relinquished or relocated, shall be redesigned 50 Subdivider shall present evidence that he has tried to obtain a non-interference letter from any utility company that may have rights of easement within the property boundaries 51 Final monumentation, not set prior to recordation, shall be bonded with a cash amount deposited with the Office of the County Surveyor, as established per the County Fee Schedule 16 0215B(c)(6) 52 The tentative map shows improvements with the "not a part" Any easements required for off-site improvements shall be recorded prior to, or concurrently with, the final map recordation LAND DEVELOPMENT/ENGINEERING. ROADS (909) 387-8218 OR (760) 243-8183 53. Road sections within and/or bordering the tract shall be designed and constructed with curbs, gutters, and sidewalks to Valley Road Standards of San Bernardino County, and to the policies and requirements of the County Department of Public Works in accordance with the Master Plan of Highways Non -Standard conditions are italicized Mitigation Measures are bolded APN'S 0298-192-03,20 Mary Miller (Mentone) E312-105/Tentative Tract 16292 Conditions of Approval —November 13, 2003 Page 1.0 of 14 EFFECTIVE DATE. 11/23/03 EXPIRATION DATE• 11/23/06 54 Final plans and profiles shall indicate the location of any existing utility facility that would affect construction 55 All road names shall be coordinated with the County Department of Public Works/Traffic Division 56 Turnarounds at dead end streets shall be m accordance with the requirements of the County Department of Public Works and the County Fire Department 57 Existing utility poles shall be shown on the improvement plans and relocated as necessary without cost to the County 58 Right-of-way and improvements (including off-site) to transition traffic and drainage flows from proposed to existing, shall be required as necessary 59 A thirty-five (35) foot radius -of -return grant -of -easement is required for rounding the corner of intersecting roads when the half width right-of-way or any intersecting road is forty-four (44) feet or greater A twenty (20) foot radius -of -return grant -of -easement is required for rounding the corners of intersecting roads if the half -width right-of-way of all intersecting roads is less than forty-four (44) feet 60 Road profile grades shall not be less than 0 5% unless the engineer, at the time of submittal of the improvement plans, provides justification to the satisfaction of the Department of Public Works, confirming the adequacy of the grade 61 Trees, irrigation systems, and landscaping required to be installed on public right-of-way within this tract area shall be maintained by other than the County Department of Public Works, and shall be as specified in County Transportation/Flood Control standards for tree planting or any subsequent ordinance Maintenance procedures, acceptable to the Department of Public Works, shall be instituted prior to recordation 62 Dedication/right-of-way reservation shall be granted on Agate, Nice, Crafton, Moss, "A", "B" and "C", as necessary to concur with the Master Plan of Highways. 63 All required public road and drainage improvements for subdivisions shall be bonded in accordance with the County Development Code unless constructed and approved prior to recordation 64 Improvement plans shall be submitted by the applicant to the Land Development Section for review and approval prior to installation of road and drainage improvements Non -Standard conditions are italicized Mitigation Measures are bolded APN'S: 0298-192-03, 20 Mary Miller (Mentonej E312-105/Tentative Tract 16292 Conditions of Approval —November 13, 2003 Page 11 of 14 EFFECTIVE DATE 11/23/03 EXPIRATION DATE 11/23/06 65 The Geometric Design of the roads shall conform to the guidelines of the "San Bernardino County Transportation Road Planning and Design Standards Manual 66 Prior to recordation all signing and striping shall be shown on the improvement plans as determined necessary by the County Department of Public Works 67 Any proposed walls and cut and fill slopes shall be designed and constructed in such a manner so as to ensure that the intersections, curves, and driveways' sight distance is adequate for the minimum design speeds 68 Non -vehicular access shall be dedicated along Crofton Avenue LAND DEVELOPMENT/ENGINEERING DRAINAGE (909) 387-8218 OR (760) 243-8183 69 Project applicant shall submit plans to the Land Development Division, for review and approval, providing half -width improvements, including a minimum of a standard berm, along Nice Avenue from Agate to Opal, to convey drainage flows entering the project area and from the project area to Opal Avenue Plans shall include storm drain improvements from Opal Avenue to the existing ditch at the Nice Avenue railroad crossing west of Opa1 Avenue 70 Adequate provisions shall be made to intercept and conduct the offsite tributary drainage flow around or through the site in a manner which will not adversely affect adjacent or downstream properties 71 Adequate San Bernardino County Drainage Easements (SBCDE), a minimum of fifteen (15) feet wide, shall be provided over the natural drainage courses and/or drainage facilities The easements shall be designed to contain 100 -year frequency storm flow plus bulking and freeboard per County Standard Criteria 72 Drainage improvements required by the conditions of project approval shall be delineated on the Composite Development Plan 73 In addition to the drainage requirements stated herein, other onsite or offsite improvements maybe 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 Non -Standard conditions are italicized Mitigation Measures are bolded APN'S 0298-192-03, 20 Mary Miller (Mentonej E312-105/Tentative Tract 16292 Conditions of Approval —November 13, 2003 SPECIAL DISTRICTS DEPARTMENT (909) 387-9612 Page 12 of 14 EFFECTIVE DATE. 11/23/03 EXPIRATION DATE. 11/23/06 74 Streetlight/1g Plans and Plan Check Fees must be submitted to Special Districts Department for review and approval Submit plans to Gale GIen, Special Districts Department, 157 W 5th St , 2nd Floor, San Bernardino, CA 92415-0450, Telephone (909) 387-9612 LOCAL AGENCY FORMATION COMMISSION (LAFCO) (909) 387-5869 75 The extension of water and sewer service to this project will require a contract with the City of Redlands for service outside its service boundaries Such a contract is required to be reviewed and approved by the Local Agency Formation Commission (LAFCO), pursuant to the provisions of Government Code Section 56133 LAFCO approval is required before a will -serve letter or other contractual relationship can be finalized For additional information, contact Kathleen Rollings-McDonald at (909) 387-5869 PRIOR TO ISSUANCE OF BUILDING PERMITS, THE FOLLOWING CONDITIONS SHALL BE MET COUNTY FIRE DEPARTMENT (909) 386-8400 76 This project (Tract 16292) is under the jurisdiction of the San Bernardino County Fire Department Prior to any construction occurring on any parcel, the applicant shall contact the Fire Department for verification of current fire protection requirements All new construction shall comply with the current Uniform Fire Code requirements, and all applicable statutes, codes, ordinances, and standards of the Fire Department including, but not limited to, the following requirement - 77 Combustible Protection Prior to combustibles being placed on the project site, an approved paved road with curb and gutter and fire hydrants, with an acceptable water system, shall be installed The topcoat of asphalt does not have to be installed until final inspection and occupancy. Non -Standard conditions are italicized Mitigation Measures are bolded APN'S. 0298-192-03, 20 Mary Miller (Mentone) E312-105/Tentative Tract 16292 Conditions of Approval —November 13, 2003 Page 13 of 14 EFFECTIVE DATE 11/23/03 EXPIRATION DATE 11/23/06 PUBLIC WORKS DEPARTMENT/LAND DEVELOPMENT/ROADS (760) 243-8183 78. Projects subject to a building permit shall have all required on-site and off-site improvements, required for each phase, completed and approved pnor 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 that indicates blocks of construction of less than the whole project " In each phase, the installation of any on-site improvements shall be sufficiently completed so as to assure protection from storm or drainage run-off, a safe and dnvable access for fire and safety, and the ordinary and intended use of the buildings or structures The Building Official, with the concurrence of the Land Development Section may approve any plan or approve a change to an approved plan. that complies with the intent of this policy PUBLIC WORKS DEPARTMENT/TRAFFIC DIVISION (909) 387-8192 79. A fair -share contribution of $11,742.00 for the future signalization and construction of improvements on King Avenue at Colton Avenue is required. A fair -share contribution of $ 3,024 00 for future signalization and installation of a left turn lane on Crafton Avenue at Colton Avenue is required. The amount of 514,766 00 is, therefore, to be deposited with the Public Works Department prior to the issuance of any building permit. SUBJECT PROPERTY SHALL NOT BE OCCUPIED AND/OR USED FOR THE PURPOSES APPLIED FOR UNTIL THE FOLLOWING CONDITIONS HAVE BEEN MET. COUNTY FIRE DEPARTMENT (909) 386-8400 80 Hvdrant Marking Blue reflective pavement markers, indicating fire hydrant locations, shall be installed as specified by the Fire Department 81. Residential Addressing The street address shall be installed on the building with numbers that are a minimum of four (4) inches in height and with a one-half (1/2) inch stroke The address shall be visible from the street. During the hours of darkness, the numbers shall be internally and electrically illuminated with a low voltage power source Numbers shall contrast with their background and be legible from the street Where the building is fifty (50) feet or more from the roadway, additional contrasting four (4) inch numbers shall be displayed at the property access entrances. Non -Standard conditions are italicized Mitigation Measures are bolded APN'S: 0298-192-03, 20 Mary Miller (Mentone) E312-105/Tentative Tract 16292 Conditions of Approval — November 13, 2003 Page 14 of 14 EFFECTIVE DATE 11/23/03 EXPIRATION DATE 11/23/06 82 Spark Arrestor An approved spark arrestor is required. Every chimney that is used in conjunction with any fireplace or any heatmg appliance in which solid or liquid fuel are used, shall have an approved spark arrestor visible from the ground that is maintained m conformance with the Uniform Fire Code PUBLIC WORKS DEPARTMENT/LAND DEVELOPMENT/ROADS (760) 243-8183 83 A thorough evaluation of the structural road section, to include parkway improvements, from a qualified materials engineer, shall be submitted to the Department of Public Works, Land Development Division/Roads Section 84. Agate and Nice Avenues shall be constructed half -width to Collector Road Standards along the project frontage(s) Curb, gutter and sidewalks are required. Crafton Avenue shall be constructed half -width to Major Highway Road Standards along the project frontage(s) Curb, gutter and sidewalks are required 85 Half -width paving and asphalt berm improvements shall be constructed along the south side of Nice Avenue from Agate to Opal Avenue and shall coordinate with the drainage requirements End of Conditions Non -Standard conditions are Italicized. Mitigation Measures are bolded 01/05/2024 16:30 9093359747 Page 1 Order No 12015136 PARCEL 1 URBAN ENVIRONS PAGE 02 EXHIBIT "B" DESCRIPTION LOT 2 IN BLOCK 30 AS SHOWN BY THE MAP QF CRAFTON TRACT, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ON FILE IN BOOK 3, PAGE 14 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: THOSE PORTIONS OF LOTS 1 AND 6 IN BLOCK 30 AS SHOWN BY THE MAP OF CRAFTON TRACT, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ON FILE IN BOOK 3, PAGE 14 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS• COMMENCING AT THE CENTERLINE INTERSECTION OF GRAFTON AVENUE AND NICE AVENUE AS SHOWN ON SAID CRAFTON TRACT, THENCE ALONG THE CENTERLINE OF SAID CRAFTON AVENUE SOUTH 01° 38' 32" EAST 347 14 FEET TO THE POINT OF BEGINNING, THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 01° 38' 32" EAST 313.34 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER OF SAID LOT 6, THENCE ALONG THE SOUTH LINE OF SAID LOT 6 SOUTH 89° 48' 33" WEST 660 51 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF SAID LOT 6; THENCE NORTHERLY ALONG THE WEST LINES OF SAID LOTS 6 AND 1, 660 00 FEET, MORE OR LESS TO THE NORTHWEST CORNER OF SAID LOT 1, SAID POINT LYING ON THE CENTERLINE OF SAID NICE AVENUE, THENCE ALONG THE CENTERLINE OF SAID NICE AVENUE NORTH 89° 57' 46" EAST 451 83 FEET. MORE OR LESS TO A POINT WHICH LIES SOUTH 89° 57' 46" WEST 208 17 FEET FROM THE CENTERLINE INTERSECTION OF SAID NICE AVENUE AND CRAFTON AVENUE, THENCE SOUTH 00° 02' 14' EAST 347.00 FEET; THENCE NORTH 89° 57' 46" EAST 217 89 FEET TO THE POINT OF BEGINNING SAID DIVISION OF LAND IS PURSUANT TO CERTIFICATE OF COMPLIANCE NO. E0019-02 RECORDED APRIL 11, 2002 AS INSTRUMENT NO 2002-180542 OF OFFICIAL RECORDS. NOTE THIS PRELIMINARY REPORT DOES NOT INCLUDE ANY INTEREST, INCLUDING FEE OWNERSHIP AND OTHER MATTERS, PERTAINING TO AGATE STREET, NICE AVENUE AND CRAFTON AVENUE, OR PORTIONS THEREOF, SHOWN AS BEING PART OF THE LAND DESCRIBED HEREIN AS PARCELS 1 AND 2 ABOVE. AN EXAMINATION OF THE OFFICIAL RECORDS PERTAINING TO SAID STREETS WILL BE REQUIRED PRIOR TO THE ISSUANCE OF ANY POLICY OF TITLE INSURANCE