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HomeMy WebLinkAboutContracts & Agreements_1-1992_CCv0001.pdf AGREEMENT This AGREEMENT is made and entered into on January 7, 1992 by and between THE CITY OF REDLANDS ( "CITY" ) , a municipal corporation organized and operating under the laws of the State of California, and THE WALTER G. DANIELSON TRUST ( "DANIELSON" ) , a trust organized and operating under the laws of the State of California. Recitals A. DANIELSON is the owner of certain real property ( the "Subject Property" ) currently located in the City of Redlands, County of San Bernardino, State of California, consisting of approximately 41. 5 acres situated generally at Sunset Drive and Wabash Avenue, and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. B. On March 15, 1984, prior to the CITY' s annexation of the Subject Property, the County of San Bernardino granted approval of a tentative subdivision map (Tract No. 12382) encompassing the Subject Property and authorizing the creation of 64 single family residential lots thereon. As approved by the County of San Bernardino, DANIELSON asserts Tentative Tract Map No. 12382 was consistent with all applicable provisions of the County' s general plan and the County' s zoning and subdivision codes. C. Tentative Tract Map No. 12382 was approved subject to certain conditions, including that sewer service be obtained from the CITY. DANIELSON has been unable to fulfill this condition by reason of certain land use regulations adopted by the CITY. D. On November 14, 1989, DANIELSON filed suit against the County of San Bernardino in the Superior Court in and for the County of San Bernardino (Case No. 252875) . Judgment on the Complaint for Declaratory Relief was entered in the action on April 19, 1991, wherein the court determined that the CITY' s adoption of so-called "Measure N" constituted a development moratorium for the purpose of the durational validity of the approval of Tentative Tract Map No. 12382. The court further -declared that the validity of Tentative Tract Map No. 12382 shall remain in force and effect until the fifth year anniversary of the effective date of Measure N or until 120 days after the repeal of Measure N, whichever is sooner. E. DANIELSON asserts that the CITY has a ministerial obligation to approve a final subdivision map which substantially conforms to Tentative Tract Map No. 12382. DANIELSON also asserts that the CITY has a ministerial obligation to provide sewer service to the proposed 64-lot single family residential development project. The CITY disagrees with each of these assertions. F. The CITY and DANIELSON, and each of them, now consider it desirable and in their best interests to compromise and settle their dispute, without either party admitting liability of any kind in any amount to the other party, in order to avoid the expense, inconvenience, uncertainty and distraction of burdensome and protracted litigation which might otherwise result . Agreement nt NOW, THEREFORE, the CITY and DANIELSON, and each of them, hereby agree as follows : 1. Revised Tentative Tract Map. A. DANIELSON has, prior to the date of this Agreement, submitted to the CITY an application for Tentative Tract Map No. 12382 (Revised) , providing for the creation of 31 single family residential lots on the Subject Property. (See map attached hereto as Exhibit "B" and incorporated herein by the reference. ) B. The CITY' s City Council has, on this date, duly conducted and completed a noticed public hearing with respect to Tentative Tract Map No. 12382 (Revised) . Such notice was provided, at DANIELSON' s cost, to all record owners of real property within one-half mile of the Subject Property. At the conclusion of the public hearing, the City Council made each of the required findings and voted to approve DANIELSON' s application, subject to the conditions attached hereto as Exhibit "C" and incorporated herein by this reference. C. The CITY has determined that the approval of Tentative Tract Map No. 12382 (Revised) will be in effect for a period of 36 months from the date of CITY approval, subject to an extension of time upon request therefor by DANIELSON not to exceed an additional 24 months. The granting of any extension shall be within the sole discretion of the City Council. D. One or more final maps may hereafter be recorded. No final map may be recorded until, at the earliest, such time as the CITY approves the presently proposed RA rezoning for the Subject Property, or such other zoning district with which Tentative Tract Map No. 12382 (Revised) would be consistent. The CITY and DANIELSON acknowledge that the application for Tentative Tract Map No. 12382 (Revised) does not strictly comply with the CITY ' s Hillside Development district zone but is in substantial conformance therewith. -2- E. At such time as each final map is filed for recordation, DANIELSON agrees to submit improvement plans, for both onsite and offsite work, in compliance with all applicable CITY requirements and standards. The CITY agrees that at such time of recordation, improvement plans approved by the CITY may at DANIELSON' s request be encompassed by the CITY' s standard subdivision improvement agreement, provided that DANIELSON complies with all related security requirements. F. DANIELSON shall be responsible for paying all fees to the CITY normally and customarily due upon final map recordation. 2 . Development Conditions . Notwithstanding any provision of this Agreement to the contrary, DANIELSON and the CITY agree as follows: A. DANIELSON agrees to dedicate to the CITY such real property as is necessary for the Wabash Avenue extension right-of-way, and to construct at its expense such onsite improvements as are necessary for said extension in accordance with the CITY ' s standards and specifications. All dedications shall be shown on the final map for Tentative Tract No. 12382 (Revised) . B. DANIELSON agrees to share with the CITY the cost of constructing a portion of the CITY ' s drainage system in accordance with the CITY' s master plan for storm drains, more particularly Project 4-23 of the CITY' s Comprehensive Storm Drain Plan, which shall be adequate to handle the surface drainage from Tentative Tract No. 12382 (Revised) only, provided: (i) The CITY shall waive all other storm drain fees applicable to Tract No. 12382 (Revised) or its individual lots; (ii) DANIELSON' s share of such costs shall be One Hundred Eighty-Nine Thousand Four Hundred Forth Dollars ($189, 440.00) ; DANIELSON shall pay its share of such costs as a condition of recordation of the final map for Tentative Tract No. 12382 (Revised) . C. The CITY and DANIELSON acknowledge that the original conditions of approval of Tentative Tract Map No. 12382 by the County of San Bernardino recite that water service be provided to the Subject Property by Western Heights Water Company and that sewer service be provided to the Subject Property by the CITY. The CITY and DANIELSON also acknowledge the policy of the CITY that sewer service be provided concurrently with water service. The CITY and DANIELSON further acknowledge that the CITY is currently in litigation with Western Heights Water Company with respect -3- to the issue of water service to the area in which the Subject Property is located. DANIELSON agrees to substitute the CITY as the purveyor of water service to the Subject Property or such other mutually satisfactory arrangement as may result from the adjudication or resolution of the aforementioned litigation. D. The CITY agrees to accept for processing and diligently take action on all applications for grading permits, building permits and such other permits and entitlements necessary for the development of the Subject Property consistent with recorded final maps, provided they are in proper form and acceptable for required processing. E. The parties acknowledge that the provisions of this Agreement require a close degree of cooperation between the CITY and DANIELSON, and that the refinements and further development of the project may demonstrate that changes are appropriate with respect to the details of performance of the parties hereunder . The parties desire, therefore, to retain a certain degree of flexibility with respect to those items covered in general terms under this Agreement. If and when, from time to time, the parties find that such changes or adjustments are necessary or appropriate, they shall effect such changes or adjustments through an amendment or addendum to this Agreement in a written instrument executed by the parties . 3. Covenants Run With the Land and Assignment. A. All of the provisions, agreements, rights, powers, terms and obligations contained in this Agreement shall constitute covenants running with the land pursuant to applicable law. The CITY shall have the right to record this Agreement in the Official Records of the Recorder for the County of San Bernardino. B. All of the provisions, agreements, rights, powers, terms and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors, assigns, nominees, representatives and all other persons acquiring the Subject Property or any portion thereof or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the partes and their respective heirs, successors, assigns, nominees, representatives and all other persons acquiring the Subject Property or any portion thereof or any interest therein. -4- 4. Full Resolution of Dispute. A. The parties desire to compromise, resolve and settle any and all disputes that presently exist between them. The parties consenting to and executing this Agreement acknowledge and agree that the terms and conditions hereof and the actions taken pursuant hereto constitute an accord and satisfaction of contested matters and do not represent an admission of liability or responsibility on the part of any party. B. This Agreement sets forth and contains the entire understanding of the parties, and there are no oral or written representations, understandings, covenants or agreements which are not contained or expressly referred to herein. C. Except as may be required by law, neither party shall do anything which shall have the effect of harming or injuring the right of the other to receive the benefits of this Agreement . Each party shall refrain from doing anything which would render its performance under this Agreement impossible or impractical. Each party shall do everything which this Agreement describes that such party shall do. 5. Overriding Intent of Parties . A. It is the overriding intent of the parties that by this Agreement, DANIELSON shall be entitled to develop and market the Subject Property as a 31-lot single family residential lot project in accordance with Tentative Tract Map No. 12382 (Revised) , including the conditions of approval thereof, and the subsequently recorded final map(s) . B. It is also the intent of the parties that the rights granted to DANIELSON pursuant to this Agreement shall be and hereby constitute a protected, enforceable property and contract right and entitlement to develop the Subject Property in accordance with the terms and conditions set forth in this Agreement. 6. Miscellaneous . A. Each of the persons executing this Agreement hereby warrants and represents that he or she is authorized to do so and is authorized to thereby bind said party to the terms and conditions of this Agreement . B. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. -5- C. Each of the parties shall bear all of its own costs, attorneys ' fees and related expenses incurred associated with the preparation and implementation of this Agreement . D. If legal action by either party is brought to enforce a provision of this Agreement or because of breach of this Agreement, the prevailing party shall be entitled to reasonable attorneys ' fees and court costs. E. DANIELSON shall defend, indemnify and hold the CITY, its elected officials, officers, employees and agents free and harmless from and against any and all liabilities, claims, losses, damages, or causes of action, including court costs and attorney ' s fees, arising out of or incident to the CITY' s execution of this Agreement and approval of Tentative Tract No. 12382 (Revised) . This indemnity shall extend to any claims arising because DANIELSON has failed to properly secure any necessary land rights or approvals. WHEREUPON, in witness whereof, this Agreement was executed on the date first hereinabove set forth. CITY OF REDLANDS WALTER G. DANIELSON TRUST 41 A/ Walter G. Danielson Ci o dlands Trustee Beryl M. Danielson ATTLESTA-i /1. ,,--/--Trustee City Clerk City of Redlands APPROVED AS TO FORM AND CONTENT: C A, V V 1 ty of lands Attorney f5# bV -- Attorney for r alter 01. Danielson Trust -6- EXHIBIT "A" PARCEL "A" PARCEL NO. 'S 1, 2 , 3 AND 4 OF PARCEL MAP NO. 3273 , IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 34 OF PARCEL MAPS, PAGES 96 THROUGH 100, INCLUSIVE, RECORDS OF SAID COUNTY. PARCEL "B" THAT PORTION OF THE NORTH 1/2 OF FRACTIONAL SECTION 6, TOWNSHIP 2 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTH 1/2; THENCE NORTH O° 00' 10" WEST ALONG THE WEST LINE OF SAID NORTH 1/2 , 956. 19 FEET TO THE CENTERLINE OF SUNSET DRIVE, 50 . 00 FEET IN WIDTH; THENCE SOUTH 760 50 ' 10" EAST, 28 . 30 FEET; THENCE SOUTH 640 18 ' 10" EAST, 96.22 FEET; THENCE SOUTH 580 33 ' 10" EAST, 99 .22 FEET; THENCE SOUTH 550 44 ' 10" EAST, 140. 31 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 260. 50 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE FROM A TANGENT BEARING SOUTH 480 05 ' 10" EAST, THROUGH A CENTRAL ANGLE OF 300 05 ' 00" 1 A DISTANCE OF 136.78 FEET; THENCE SOUTH 780 10 ' 10" EAST, 253 .92 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 286. 50 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 250 40 ' 30" , A DISTANCE OF 128 . 38 FEET; THENCE SOUTH 520 29 ' 20" EAST, 184 . 61 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 143 . 20 FEET; THENCE SOUTHEASTERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 670 36 ' 00" A DISTANCE OF 168 . 95 FEET; THENCE NORTH 590 54 ' 20" EAST, 0. 58 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 603 .2 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 310 05 ' 0011 , A DISTANCE OF 327. 24 FEET; THENCE SOUTH 770 09 ' 10" EAST, 143 . 14 FEET; THENCE SOUTH 750 25' 10" EAST, 196.70 FEET; THENCE SOUTH 200 32 ' 16" EAST, 91.27 FEET; THENCE SOUTH 830 49 ' 10" EAST, 212.95 FEET; THENCE NORTH 450 48 ' 50" EAST, 149 .75 FEET; THENCE SOUTH 811 48 ' 10" EAST, 173 .79 FEET; THENCE SOUTH 380 42 ' 10" EAST, 121. 69 FEET; THENCE SOUTH 700 21 ' 25" EAST, 158 . 10 FEET; THENCE SOUTH 44° 18 ' 40" EAST, 102 .22 FEET; THENCE SOUTH 161 37 ' 10" EAST, 140. 70 FEET; THENCE SOUTH 600 15 ' 10" EAST, 244 . 53 FEET TO A POINT IN THE EAST LINE OF SAID FRACTIONAL SECTION 6, SAID POINT BEING DISTANT NORTH 10 05 ' 10" WEST, 368. 30 FEET FROM THE SOUTHEAST CORNER OF SAID NORTH 1/2 OF SECTION 6; THENCE SOUTH 10 05 ' 10" EAST, 368 . 30 FEET TO THE SOUTHEAST CORNER OF SAID NORTH 1/2; THENCE NORTH 820 53 ' 05" WEST, 2756. 44 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE NORTHERLY 25. 00 FEET. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED JULY 12, 1977 IN BOOK 9217, PAGE 862 , OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL MAP NO. 3273, AS PER PLAT RECORDED IN BOOK 34 OF PARCEL MAPS, PAGES 96 THROUGH 100, INCLUSIVE, RECORDS OF SAID COUNTY. EXHIBIT "C" CONDITIONS OF APPROVAL TENTATIVE TRACT 12382 (Revised) Building and Safety Division 1. A preliminary soil report shall be submitted to the Building and Safety Division for review and approval. All grading shall comply with the soils report, and a final compaction report must be submitted for review and approval prior to the issuance of a building permit. 2 . A geology report, prepared by a licensed engineering geologist, shall be filed with and approved by the Building and Safety Division. The report will be reviewed by a licensed geolist and the costs of such review will be billed to the developer and shall be paid in full prior to recordation of the final map. 3 . Grading plans to be submitted to and approved by the Building and Safety Division prior to recordation of the final map. 4 . Obtain a demolition permit for building to be demolished. Underground structures must be broken in, back filled, and inspected before covering. 5. Submit plans and obtain building permits for walls contained within the project. 6. Slopes exceeding three (3) feet in height shall be provided with irrigation systems and sufficient plants chosen from a list of erosion resisting plants available at the Division of Building and Safety, or slopes designed with approved matting material designed by project engineer. Public Works Department - Utilities Division Fees shall be those established by the City of Redlands and in effect on the date the permit or other conditioned approval noted below is issued. The fees estimated herein are advisory only, as follows: General: Comply with Title 13 and other sections of the Redlands Municipal Code in effect at the time of approval or issuance of permits, as applicable. ,page 1 Water Section: 7 . Pay the Water Source Acquisition Fees at $720 per unit as a condition of Final Approval. .$22, 320 8. Pay the Watermain Frontage Charge at $17 per foot of frontage on Sunset Drive as a condition of Final Approval. $2 , 805 9. Pay the Water Capital Improvement Charge at $3, 000 per unit as a condition of approval of a water connection prior to meter installation. .$93 ,000 10. Install water mains in all streets within tract boundary and including a 24 inch water transmission main in Wabash Avenue. 11. Install fire hydrants as required by the Fire Department. 12 . Drought tolerant landscaping or xeriscaping, and its continued maintenance, are required for all landscaped areas other than turf. Irrigation system design and its continued maintenance and operation shall be consistent with landscaping water requirements, and as approved by the Public Works Department. Both plans shall be prepared by a licensed landscape architect. 13 . The final landscaping plan showing both the common and botanical plant name and as approved by the Community Development Department shall be submitted to the Public Works Department for approval as a condition of Final Approval. The irrigation plan shall be submitted to the Public Works Department, and show the following: a. Rate, duration and frequency of water application by season. b. Irrigation circuits for drought-tolerant landscaping areas shall be on separate valves and controlled separately. c. Proposed plan and schedule for implementation of xeriscaping. The water charges estimated herein, are based on estimated flows from non-drought tolerant landscaping. Upon meeting the requirements of this item, the page 2 development will qualify for a reduction in water charges. If there is a change in landscaping design, maintenance, or operation resulting in higher estimated demand, the charges for additional demand will be due at that time. Sewer Section• 14. Sewage disposal shall be by connection to City of Redlands. 15. Pay the Sewer Capital Improvement Charge at $3300 per unit as a condition of issuance of the building permit. $102, 300 16. Install sewer main in all streets within tract boundary and to a point of connection as provided by ordinance and as required by the Public Works Department. Solid Waste Section: 17. Pay the Solid Waste Capital Improvement Charge at $600 per unit as a condition of issuance of the building permit. $18 , 600 18 . Pay solid waste container fee of $70. 00 per unit as a condition of issuance of building permit. $2 , 170 Public Works Department - Engineering Division 19. Fees to be paid shall be as established by City Council and in effect at the time a permit is issued. 20. All improvements to be designed by owner's civil engineer and installed to City specifications dated January, 1990. 21. owner's civil engineer shall furnish tie sheets for all points set or found in public rights-of-way and one mylar copy of recorded tract map to the Public Works Director. 22 . Applicant must have all approved plans delivered to the Public Works Director ten calendar days prior to the date of the City Council meeting that applicant requests final approval. page 3 23. Although this project will have an on-going inspection throughout construction, a final inspection for all off- site improavments must be scheduled by developer t verify that these improvements comply with City specifications and any corrective work mint be completed prior to 'final release of bonds. 24. '.Truck route permits are required for all construction vehicles over 5 tons GVW using streets other than established truck routes. 25. All work shall conform to the Standard Specifications for Public Works Construction (Green Book) , latest edition, and the City of Redlands Standard Specifications. All work shall be completed to the satisfaction of the Public Works Director'. 26. The approximate locations of existing underground utilities are shown can the improvement plans. The utilities are plotted from retard and 'field data. The Engineer ,assumes .no liability as to the exact location of said lines whose locations are not shown. The contractor is to notify all utility companies prior to work or excavation to determine exact locations of underground Eines. 27. Streets may be required to have a seal coat applied at the option of the Public Works Director. 'Type of seal coat to be determined by the Public Warks director. 28. Resurface existing roadway as directed by the Public Works Director due to utility installation and construction damage. 29. Existing striping shall be removed and replaced as necessary. New striping and pavement markings shall b installed in accordance with the striping plan approved by the Public Works Director. 30. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a "Permit to Excavate" will be valid. For your Dig Alert I.D. Dumber, call Underground Service Alert tall free 1-800- 422-4133 two working cabs before you dig. 1. A cash maintenance bond of two; percent of the total improvement band. or $500, whichever is greater, will be retained for one year after completion of project for warranty of off-site work. 3 . Sunset give a. Dedicate to provide for a 64 foot wide street as shown on Tentative Reap No. 12382. wage 4 b. Construct standard curb and gutter 20 feet on each side of the street centerline and 20 feet southerly of street centerline. C. Construct standard street section between new curbs. d. Use traffic index of 5. 5. 33 . Wabash Avenue a. Dedicate to provide for a 66 foot wide street. b. Construct standard curb and gutter 22 feet on each side of the street centerline. C. Construct standard street section between new curbs. d. Use traffic index at 5. 5. 34 . La Mirada Drive, Valle Del Sol and Calle Solejar a. Dedicate to provide for a 60 foot wide street. b. Construct standard curb and gutter 18 feet each side of street centerline. C. Construct standard street section between new curbs. d. Use traffic index of 4. 5. 35. Panorama Point Drive a. Dedicate to provide for a 25 foot half street southerly of street centerline as shown on Tentative Tract No. 12382, including the cul-de-sac with 52 foot radius. b. Construct standard street section between new curb and standard street centerline. C. Construct standard street section between new curb and standard street centerline. d. Use traffic index of 4. 5. 36. Construct standard sidewalk along the entire street frontage including handicap ramps at all curb returns. 37 . Install 23 sodium vapor ornamental street lights. 38 . Install 5 standard name sign posts. 39. Pay $500 for 5 street name signs and pay $800 for 4 stop signs. page 5 40. Provide adequate drainage facilities. 41. Comply with development impact fees. 42 . All irrigation lines in the street right-of-way shall be replaced with PVC C900 or equivalent. 43 . Final plans and profiles shall indicate the location of any existing utility facility which would affect construction. 44 . Slope rights shall be dedicated on the final tract map where necessary. 45. A thorough evaluation of the structural road section, to include parkway improvements, from a qualified materials engineer, shall be submitted to the Public Works Director. 46. Vehicular access rights shall be dedicated along the rear of double frontage lots. 47. Existing city streets which will require reconstruction shall remain open for traffic at all times, with adequate detours, during actual construction. A cash deposit shall be made to cover the cost of grading and paving prior to recordation of the final tract map. Upon completion of the grading and paving to the satisfaction of the Public Works Director, the cash deposit may be refunded. 48 . All road names shall be coordinated with the City of Redlands Planning Department. 49. An encroachment permit, or authorized clearance, shall be obtained from the Public Works Department prior to issuance of a grading permit by the Building and Safety Division. 50. All required public improvements shall be bonded in accordance with the City of Redlands Public Works Department unless constructed and approved prior to recordation of the final tract map. 51. Turn arounds at dead end streets shall be in accordance with the requirements of the Public Works Department and the Fire Department. 52 . Existing utility poles shall be shown on the improvement plans and relocated as necessary without cost to the City of Redlands. page 6 53 . In the event developer fails to acquire the required off-site property interests, the developer shall, prior to approval of the final map, enter into an agreement to complete the improvments pursuant to Government Code Section 66462 at such time as the City acquires the property interests required for the improvments. Such agreement shall provide for payment by developer of all costs incurred by the City to acquire the off-site property interests required in connction with the subdivision. Security for a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by developer, at developer' s cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 54. Right-of-way and improvements (including off-site) to transition traffic and drainage flows from proposed to existing, shall be required as necessary. 55. Vacation of public road right-of-way necessitated by development of this project shall be accomplished by separate instrument, and shall be such as to preclude the creation of any remnant parcels. 56. Construction of Sunset Drive shall be performed as necessary to ensure traffic flows along this collector road. 57. Sunset Drive shall be designed and constructed to collector road standards and shall incorporate cut slopes as necessary to provide adequate sight distance at intersecting streets. 58 . Design of horizontal and vertical roadway alignments shown on this map shall be compatible with alignments approved and constructed for surrounding subdivisions. 59 . Sunset Drive alignment shall be in accordance with previously approved specific plan. 60. Vertical alignment shall be designed to provide a minimum 30 mph design speed and horizontal alignment designed to provide a minimum 25 mph design speed. 61. Maximum allowable length for 14% profile grade shall not exceed 500 feet. 62 . Half width construction of Sunset Drive shall provide 30 foot minimum width pavement. Right-of-way grading shall be to full width. page 7 63 . The agreement dated July 8, 1977, between County and Alexander M. Power and Gilbert M. W. Smith pertaining to Sunset Drive realignment shall be complied with in conjunction with development of Tract 12382 . Fire Department 64 . Provide a fire flow with a minimum flow rate of 1, 000 GPM for a duration of 2 hours. 65. Provide fire hydrant spacing on 600 feet. 66. Provide a looped fire main system. 67 . The above referenced project is protected by the City of Redlands Fire Department. Prior to construction occurring on any parcel, the owner shall contact the fire department for verification of current fire protection development requirements. 68 . All new construction shall comply with applicable sections of the Uniform Fire Code. 69. The street address shall be posted with a minimum of three (3) inch numbers, visible from the street, in accordance with the Redlands Municipal Code, prior to occupancy. 70. Each chimney used in conjunction with any fireplace or any heating appliance in which solid or liquid fuel is used shall be maintained with an approved spark arrestor. An approved spark arrestor shall mean a device constructed of stainless steel, aluminum, copper or brass, woven galvanized wire mesh, nineteen (19) gauge minimum with three-eights (3/8) inch minimum to one-half (1/2) inch maximum openings, mounted in or over all outside flue openings in a vertical or near vertical position, adequately supported to prevent movement and visible from the ground. 71. All flammable vegetation shall be removed from each building site a minimum distance of thirty (30) feet. 72 . Development shall provide for safe and ready access for fire and other emergency equipment, and for routes of escape which will safely handle evacuations. 73 . Private roadways which exceed one hundred fifty (150) feet in length shall be approved by the fire department, and 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 page 8 building. An access road shall be provided within fifty (50) feet of all buildings if the natural grade between the access road and building is in excess of thirty percent (30%) . Where the access roadway cannot be provided, approved fire protection system or systems shall be provided as required and approved by the fire department. 74 . Roadways shall have a minimum vertical clearance of thirteen feet six inches. 75. All fire flow requirements are over and above the average daily consumption of water, and the minimum residual pressure shall be twenty (20) psi. 76. The developer or his engineer shall furnish the fire department with two copies of water system improvement plans where fire protection water systems are required. Public Works Department - Drainage 77 . Adequate provisions shall be made to intercept and conduct the off-site tributary drainage flow around or through the site in a manner which will not adversely affect adjacent or downstream properties. 78. Due to the steep terrain and erosion potential, maximum utilization of the existing contours shall be considered in the design. Roadways and grading, in general, shall be designed to minimize cut and fill slope heights. A stringent program of slope and erosion control shall be undertaken by the developer to preclude damage to the site and downstream property during heavy storm runoff, especially during the construction stage. Any such damage encountered will be the responsibility of the developer. 79. The developer's engineer shall investigate any existing downstream drainage problems and provide the Public Works Department with a detailed drainage analysis showing how he proposes to handle the drainage flows from and through the site without adversely affecting adjacent or downstream properties. The drainage analysis shall be provided prior to final map recordation. 80. All lots should drain to streets. If lots do not drain to streets, the cross-lot drainage will be reviewed and approved by the Public Works Department and the Building and Safety Division. 81. Flowage easements or City of Redlands Drainage Easements shall be obtained where diversion or concentration of runoff from the site or drainage facilities dewaters page 9 onto private property. 82 . Grading plans shall be submitted to the Building and Safety Division for review. 83 . In addition to the drainage requirements stated herein, other "on-site" or "off-site" improvements may be required which cannot be determined from tentative plans at this time and would have to be reviewed after more complete improvments plans and profiles have been submitted to the Public Works Department. Community Development Department - Planning Division 84. Subdivider shall present evidence to the Public Works Department that he has tried to obtain a non- interference letter from any utility company that may have rights of easement within the property boundaries. 85. Easements of record not shown on the tentative map shall be relinquished or relocated. Lots affected by proposed easements or easements of record, which cannot be relinquished or relocated, shall be redesigned. 86. Utility lines shall be placed underground in accordance with the requirements of the Redlands Municipal Code. 87 . All lots shall have a minimum area of 20,000 square feet, and shall otherwise conform to the development standards of the R-A Zone as outlined in the Redlands Municipal Code. 88. The following building setback lines shall be delineated on the final tract map: a. A variable front yard building setback line of at least 25 feet and averaging at least 30 feet. b. A side yard building setback line of at least 25 feet adjacent to side streets on corner lots. 89. A final grading plan shall be required. Said grading plan shall be submitted to the Building and Safety Division and Planning Department for review and approval. All on-site cut and fill slopes shall: a. Be limited to a maximum slope ratio of 2 to 1 and a maximum vertical height of thirty (30) feet. Setbacks from top and bottom of slopes shall be a minimum of one-half the slope height. b. Be contour-graded to blend with existing natural contours. page 10 C. Be a part of the downhill lot when within or between individual lots. 90. A copy of the final grading plan, approved by the Building and Safety Division, shall be submitted to the Planning Department when graded cut slopes exceed five (5) feet in height and fill slopes exceed three (3) feet in height. 91. A minimum number of one (1) caliperj15 gallon, multi- branched trees shall be planted on the lot adjacent to the street right-of-way for each of the following types of lots: a. Cul-de-sac lot: 1 tree b. Interior lot: 2 trees C. Corner lot: 3 trees The variety of tree to be provided is subject to City of Redlands approval and to be maintained by the property owner. 92 . Three (3) copies of a Landscaping Plan shall be submitted for Planning Department review and approval. Said landscape plan shall include the following: a. The required slope planting. Slope planting shall be required for the surface of all cut slopes more than five (5) feet in height and fill slopes more than three (3) feet in height. Said slopes shall be protected against damage by erosion by planting with grass or ground cover plants. Slopes exceeding fifteen (15) feet in vertical height shall also be planted with shrubs, spaced at not to exceed ten (10) feet on centers; or trees, spaced at not to exceed twenty (20) feet on centers; or a combination of shrubs and trees as cover plants. The plants selected and planting methods used shall be suitable for the soil and climatic conditions of the site. trees: 100 15 gal. ; 40% 5 gal. ; 50% 1 gal. shrubs: 20% 5 gal. ; 80% 1 gal. ground cover: 100% coverage b. The required street trees. c. Any existing trees to remain on site. Any existing eucalyptus trees to be retained shall be topped to thirty (30) feet, trimmed along the lower fifteen (15) feet, and cleared of all dead leaves and branches. d. Seeding mixture should be one of the following for temporary cover and protection during construction page 11 and after: Blando brome - broadcst seeding rate - 18 lbs/acre Lana vetch - It It It - 20 lbs/acre Blando brome - " " 14 - 18 lbs/acre Rose clover - " It It - 12 lbs/acre California poppy - It It - 12 lbs/acre Zorro annual fescue - It it - 12 lbs/acre 93 . All landscaping and irrigation shown on the approved landscape and irrigation plans and all required walls shall be completed or suitable bonds for their completion. 94 . All necessary off-site slope easements shall be required prior to recordation. 95. Pay appropriate Redlands Unified School District impact fees prior to issuance of building permit. 96. Greenbelts will be needed to act as buffers from erosion and brush fires. 97. Topsoil needs to be removed, stockpiled and replaced after grading. 98. Grading should be accomplished in small acreages and stabilized before further areas are graded. 99. No grading shall occur during rainy season from October 15 to April 15. 100. All cut and fill slopes shall be fertilized with 16-20-0 or equivalent at a rate of 500 pounds per acre, seeded and mulched. 101. Mulching should be with straw or hay at the rate of 2 tons per acre on all cut and fill slopes and other denuded slopes. 102 . Mulch should be held in place with a tacifier. Crimping or punching of straw may be accomplished on less steeper slopes. 103 . Tacifiers need to be of an asphalt emulsion or equivalent applied at the rate of 400 to 600 pounds per acre, either over the top of the straw or applied simultaneously with the straw blowing operation. One hundred pounds of M-Binder per acre may also be used in place of the asphalt emulsion. 104 . Drainage structures need to be installed at strategic locations and designed to handle the suitable storm page 12 intensity. Runoff needs to be controlled and released at non-erosive velocities. To insure that no damage occurs off-site to existing drainage and property, an erosion control plan needs to be developed prior to issuance of grading permits. All erosion control items should be installed prior to the rainy season and permanent erosion control structures need to be installed prior to grading and maintained during and after construction. 105. Brow ditches shall be provided for every slope exceeding 20 feet in height to prevent sheet flow across the slope face and minimize slope erosion. 106. Cut of transition lots will require a minimum of 1 foot of over excavation and replacement with compacted fill to provide an adequate medium for plant growth. 107 . Haul trucks shall not use Sunset Drive west of the intersection with Wabash Avenue. 108 . Retaining walls shall be designed so that visual compatibility exists with walls along Scenic Drive and Panorama Point. 109 . Prior to approval of the Final Map, the applicant shall prepare a mitigation monitoring program which incorporates all mitigation measures as recommended by the Environmental Review Committee on December 2, 1991. A mitigation review fee of $325. 00 shall be paid prior to the Final Map. 110. The applicant shall pay processing fees of $2,368 .25 within 30 days of City Council action or this map shall be null and void. 111. No final map shall be recorded unless and until the subject property is rezoned to R-A-20, 000. 112 . A portion of the right-of-way south of Panorama Point shall not be vacated between Panorama Point and the tract boundary. 113 . The project shall be part of a lighting and landscaping improvement district in which the cost of operating and maintaining public street lights and street trees be paid for by the property owners. Pay deposit as determined by the Community Development Department for annexation into the City of Redlands Landscape Maintenance District #1 prior to final map. In addition, the applicant shall submit reproducible, mapped details of the landscape and irrigation materials page 13 (quantity, size and species) proposed for the area to be annexed. 114 . An equestrian trail shall be shown on the map and provided along the north side of Sunset Drive from Wabash Avenue to the easterly end of the tract. Consideration shall also be given to extending an equestrian trail along the west side of Wabash Avenue from Sunset Drive to Tract 12777. 115. Final landscape and irrigation plans, to include details of the improvements for the equestrian trails shall be approved by the Planning Commission prior to approval of the Final Map. page 14