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HomeMy WebLinkAbout8535RESOLUTION NO. 8535 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING TENTATIVE TRACT MAP NO. 20528 FOR THE SUBDIVISION OF 14.62 ACRES INTO 117 SINGLE FAMILY RESIDENTIAL LOTS FOR DETACHED SINGLE-FAMILY DWELLING UNITS, 26 LETTERED LOTS FOR PRIVATE ALLEYS AND DRIVE AISLES, NINE LETTERED LOTS FOR ON -SITE LANDSCAPING, PUBLIC OPEN SPACE, AND PRIVATE ON -SITE OPEN SPACE, FOR THE CONSTRUCTION OF 117 MOTOR COURT HOMES AND RELATED SITE IMPROVEMENTS. THE PROJECT SITE IS LOCATED AT THE NORTHEAST CORNER OF INTERSTATE 210 AND PIONEER AVENUE AT 1160 WEST PIONEER AVENUE (APN: 0167-061-01-0000 AND 0167-061-03-0000). WHEREAS, MLC Holdings, LLC, has filed applications for General Plan Amendment No. 145, Specific Plan No. 40 Amendment No. 49 (East Valley Corridor Specific Plan), Specific Plan No. 64 Amendment No. 1 (Bergamot Specific Plan), Tentative Tract Map No. 20528 and Commission Review & Approval No. 945 for a 117-lot single family residential development located at the northeast corner of Interstate 210, and West Pioneer Avenue at 1160 West Pioneer Avenue (APNs: 0167-061-01-0000 and 0167-061-03-0000) (the "Project"); and WHEREAS, the City Council has the authority per Chapter 17.07 of the Redlands Municipal Code to take action on Tentative Tract No. 20528 to subdivide approximately 14.62 acres into 117 single family residential lots with 26 lettered lots for private alleys and drive aisles, nine lettered lots and the construction of 117 single-family motor court homes; and WHEREAS on November 3, 2023, notice of the Planning Commission's public hearing for the Project and related Project Entitlements was published in the Redlands Daily Facts and notices were mailed to property owners within a 300 foot radius; and WHEREAS, on November 14, 2023, the Planning Commission held a public hearing and considered the staff report, oral report, the testimony, and the written evidence submitted by and on behalf of the applicant and by members of the public; and WHEREAS, on November 14, 2023, the Planning Commission recommended to the City Council that Tentative Tract Map No. 20528 and Commission Review and Approval No. 945 be approved; and WHEREAS, notice of the City Council's public hearing for Tentative Tract Map No. 20528 and Commission Review & Approval No. 945 was published in the Redlands Daily Facts by the City Clerk; and 1 I:\Resolutions\Res 8500-8599\8535 Approval of Tenative Tract Map No. 20528 and Commission Review Approval No. 945.docx-ms WHEREAS, on December 19, 2023, the City Council held a public hearing and considered the staff written and oral reports, the recommendation of the Planning Commission, the testimony and written evidence submitted by and on behalf of the applicant, and testimony by members of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS: SECTION 1. The City Council of the City of Redlands hereby approves Tentative Tract Map No. 20528 and related Inclusionary Housing Plan subject to the Conditions of Approval attached hereto as Exhibits "A," "B," and "C," and based upon the following findings: 1) The proposed map is consistent with the General Plan or any applicable specific plan, or other applicable provisions of the Redlands Municipal Code. The proposed map will be consistent with the General Plan. The project's proposed Medium Density Residential land use designation allows for 8-15 units per acre and the project has been designed at 8.1 units per acre. The tentative tract map is also consistent with the policies contained within the General Plan, which encourages small -lot subdivisions. The proposed map will be consistent with the Bergamot Specific Plan (Specific Plan No. 64), as a Specific Plan Amendment is being processed concurrently, and the Specific Plan's design guidelines and development standards will support development of the project. The proposed map will also be consistent with the provisions of the Redlands Municipal Code. 2) The site is physically suitable for the proposed type of development. The project site is physically suitable for the type of development. The site has a relatively flat grade with a very gradual 2 percent fall towards the northwest over distance, and is large enough at 14.62 acres to be subdivided into 117 residential lots, 26 lettered lots for private alleys and drive aisles, nine lettered lots for on -site landscaping, public open space, private on -site open space and the construction of the necessary on -site circulation. On -site and off -site improvements proposed as part of the project's design will ensure the property is compatible with adjacent developments and mitigate potential impacts to traffic and other environmental factors to a less than significant level. 3) The site is physically suitable for the density of the development. The maximum density allowed within the Medium Density Residential Land Use Designation is fifteen (15) units per acre. The project is designed at 8.1 units per acre. The project site is relatively flat in topography, and does not include the creation of residential lots on land with slopes exceeding 15%. As such, the site is physically suitable for the density of development proposed. 2 I:\Resolutions\Res 8500-8599\8535 Approval of Tenative Tract Map No. 20528 and Commission Review Approval No. 945.docx-ms 4) The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The design of the subdivision and proposed improvements is not likely to cause substantial environmental damage or injure fish or wildlife or their habitat. Based on the Initial Study that has been prepared for the project, there are no environmental factors that cannot be mitigated to a level of less than significant. The Initial Study/Mitigated Negative Declaration lists mitigation measures for Biological Resources, regarding pre -construction surveys for sensitive species. As such, the project is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 5) The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the subdivision and the type of improvements are not likely to cause any serious public health problems. An Air Quality Analysis and a Health Risk Assessment was prepared for project and the project will be required to comply with all local, state, and federal laws addressing air quality impacts. The memorandum found that the project would cause a less than significant impact to air quality and health risks. The nature of the residential use does not involve any substantial amounts of hazardous materials, and would not cause serious public health problems. 6) The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The project will improve access in the immediate vicinity by installing public improvements such as sidewalks along Domestic Avenue and Pioneer Avenue. Additionally, public streets and pedestrian access will be provided throughout the project site. The design of the subdivision will not conflict with any easements on or through the proposed subdivision. 7) That pursuant to Section 66474.4 of the Subdivision Map Act, the land is not subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (commencing with section 51200 of the Government Code) and that the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use. 3 I:\Resolutions\Res 8500-8599\8535 Approval of Tenative Tract Map No. 20528 and Commission Review Approval No. 945.docx-ms The subject property is not under a Williamson Act Contract pursuant to the California Land Conservation Act of 1965, and will not be detrimental or otherwise affect lands in agricultural use. SECTION 2. The City Council of the City of Redlands hereby approves Commission Review & Approval No. 945 and related Inclusionary Housing Plan for the Project subject to the Conditions of Approval attached hereto as Exhibits "A," "B," and "C," and based upon the following findings: 1) The site for the intended use is adequate in size and shape to accommodate the use, and all of the required yards, setbacks, walls or fences, landscaping and other features will adjust the use to those existing or permitted future uses of land in the neighborhood; The site is adequate in size and shape to accommodate the proposed use. The subject property will be developed with 117 residential lots, public and private open space and will provide the necessary on -site improvements including parking, landscaping, lighting, and utility connections. The project site complies with the applicable development standards as proposed by the Bergamot Specific Plan Amendment including requirements for setbacks, lot coverage and design. The proposed use will also be compatible with the surrounding uses such as the existing Bergamot Specific Plan and Citrus Valley High School located adjacent to the project site and will be consistent with the anticipated future residential development on parcels with residential land use designations in the immediate vicinity. 2) The site for the proposed use relates to streets and highways which are properly designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use. The site is designed to carry the type and quantity of traffic generated by the proposed use. The site will provide new improved access from Domestic Avenue and Pioneer Avenue. These improvements are designed to carry the volume of residential traffic anticipated to be generated by the project and implement the project's portion of the roadways designated for the area by the General Plan as well as additional roadway necessary to facilitate required access. 3) The conditions set forth in the approval and those shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare. The conditions of approval for the project will protect the public health, safety and general welfare. The project has been conditioned to comply with the provisions of the Redlands Municipal Code. 4 I:\Resolutions\Res 8500-8599\8535 Approval of Tenative Tract Map No. 20528 and Commission Review Approval No. 945.docx-ms SECTION 3. EFFECTIVE DATE. This Resolution shall become effective upon adoption. ADOPTED, SIGNED AND APPROVED this 19t1i day of December, 2023. ATTEST: Donaldson, City Clerk 5 Eddie Tejeda, Mayor I:\Resolutions\Res 8500-8599\8535 Approval of Tenative Tract Map No. 20528 and Commission Review Approval No. 945.docx-ms I, Jeanne Donaldson, City Clerk of the City of Redlands, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof held on the 19th day of December, 2023, by the following vote: AYES: Councilmembers Barich, Davis, Guzman -Lowery, Saucedo; Mayor Tejeda NOES: None ABSENT: None ABSTAINED: None Donaldson, City Clerk 6 I:\Resolutions\Res 8500-8599\8535 Approval of Tenative Tract Map No. 20528 and Commission Review Approval No. 945.docx-ms EXHIBIT A DEVELOPMENT SERVICES DEPARTMENT CONDITIONS OF APPROVAL 1. This approval is for Tentative Tract Map No. 20528 and Commission Review and Approval No. 945 to subdivide 14.62 acres into 117 single family residential lots with 26 lettered lots for private alleys and drive aisles, nine lettered lots and the construction of 117 single-family motor court homes, located at the northeast corner of Interstate 210, and West Pioneer Avenue at 1160 West Pioneer Avenue from the boundaries of the Specific Plan (APNS: 0167-061-01-0000 and 0167-061-03-0000). 2. Unless construction has commenced pursuant to a building permit, or a time extension is granted in accordance with Code, this approval shall expire two (2) years from the date of City Council approval. 3. Any application(s) for an extension of time of the above expiration date shall be filed with the Planning Division not less than 90 days prior to the expiration date and shall comply with Title 17 (Subdivision Regulations) of the Redlands Municipal Code. Upon application by the subdivider prior to the expiration of the approved or conditionally approved tentative map, the tentative map shall be automatically extended in accordance with the Subdivision Map Act. 4. The issuance of any permits shall comply with all applicable provisions of the Redlands Municipal Code and Specific Plan No. 64. 5. All plans submitted to the City shall reflect the City Council approval and any other changes required by the City Council, Planning Commission and/or staff. This condition applies to the site plan, landscape plans, building elevations and materials, and all other illustrations, text, or plans submitted to the City in connection with this project. 6. No final inspection or Certificate of Occupancy shall be granted until all conditions of approval have been satisfied. 7. The applicant shall record the subdivision by a final tract map. No building permits shall be issued until a final tract map has been recorded. 8. The final map shall substantially conform to the tentative map as approved by the City Council. 9. Any conditions of approval determined by the City to not be completed prior to Final Map approval shall be included within the Subdivision Improvement Agreement entered into by the developer with the City. 7 I:\Resolutions\Res 8500-8599\8535 Approval of Tenative Tract Map No. 20528 and Commission Review Approval No. 945.docx-ms 10. The applicant for this permit, and its successors and assigns, shall defend, indemnify and hold harmless the City of Redlands, and its elected officials, officers, agents and employees, from and against any and all claims, actions, and proceedings to attack, set aside, void or annul the approval of this permit by the City, or brought against the City due to acts or omissions in any way connected to the applicant's project that is the subject of this permit. This indemnification shall include, but not be limited to, damages, fees, costs, liabilities, and expenses incurred in such actions or proceedings, including damages for the injury to property or persons, including death of a person, and any award of attorneys' fees. In the event any such action is commenced to attack, set aside, void or annul all, or any, provisions of this permit, or is commenced for any other reason against the City for acts or omissions relating to the applicant's project, within fourteen (14) City business days of the same, the applicant shall file with the City a performance bond or irrevocable letter of credit (together, the "Security") in a form satisfactory to the City and in the amount of Three Hundred Thousand Dollars ($300,000), to ensure applicant's performance of its defense and indemnity obligations under this condition. The failure of the applicant to provide the Security shall be deemed an express acknowledgement and agreement by the applicant that the City shall have the authority and right, without objection by the applicant, to revoke all entitlements granted for the project pursuant to this permit. The City shall have no liability to the applicant for the exercise of City's right to revoke this permit. 11. Pursuant to Government Code Section 66020(d), certain fees, dedications, reservations or exactions imposed by the City as a condition of approval of this project are subject to a statutory ninety (90) day protest period. Please be advised that the ninety (90) day protest period for those fees, dedications, reservations and exactions which are subject to Government Code Section 66020(a) has commenced to run on the date this project was approved by the City. 12. The applicant shall not make any modifications or changes during construction that are in conflict or contrary to the project's approved site design, or building elevations without first consulting with the Development Services Director or designee. 13. Common open space and recreational areas shall utilize durable materials and related protection devices to protect the area from vandalism by individuals or the use of skateboards. 14. A Home Owner's Association shall be established for the tract for maintenance of lettered lots and their related improvements. 15. Any slopes greater in height than three feet (3') shall be provided with irrigation systems and planted with groundcover, shrubs, and trees to prevent erosion, as approved by the Development Services Department and Municipal Utilities & Engineering Department. 16. All utilities on -site shall be placed underground, including utility vaults. Prior to approval of the final map the applicant shall bond for undergrounding of utilities, and submit plans 8 I:\Resolutions\Res 8500-8599\8535 Approval of Tenative Tract Map No. 20528 and Commission Review Approval No. 945.docx-ms to be approved by the Development Services Director that detail undergrounding of all utilities found on -site. Bonds shall be calculated and included in any bonds required by the City of Redlands Municipal Utilities and Engineering Department. 17. A Minor Exception Permit shall be required for any wall or fence heights in excess six feet, and of wall or fence heights listed in Specific Plan No. 64. 18. In order to provide safe and efficient automated solid waste collection services the containers will need to be placed on the public streets A and B (curbside). Containers shall be placed in the street at the curb. Containers shall not be placed within three feet (3') from any obstacle, such as a parked vehicle, fence, lamp post, mailbox and at least one foot (1') from any other container. No trash services to be performed in an alley or access road. 19. No parking shall be permitted between the hours of 6am to 2:30pm on the day of collection services. 20. Prior to issuance of building permits for the project, the applicant and/or developer shall provide payment of In -lieu Fees in accordance with the approved Inclusionary Housing Plan provided with the application. 21. The applicant shall establish a Home Owners Association (HOA) for the care and maintenance of all property improvements held in common ownership of the subdivision. The HOA shall be formed for the property, and Conditions, Covenants and Restrictions (CC&R's) shall be prepared, submitted for review and approval by the City Attorney, prior to approval of the Final Map. The HOA and the CC&R's shall cover the care and maintenance of all property and improvements held in common ownership of the subdivision. 22. Prior to Final Tract Map clearance, the applicant shall submit one (1) copy of each of the final Articles of Incorporation, Bylaws of the Homeowners' Association, and Declaration of Covenants, Conditions, and Restrictions (CC&Rs) to the Planning Division for review and approval. After recordation of the final CC&Rs, two (2) copies of said recorded CC&Rs shall be submitted to the Planning Division. 23. Conditions, Covenants and Restrictions ("CC&Rs") shall be prepared by the applicant and approved by the City for the project. The CC&Rs shall contain the following: a. A provision which reads substantially as follows: "The City shall have the right to review and approve any proposed amendment or termination of [the CC&Rs] when such termination or amendment would alter, amend, terminate or otherwise impair the rights of the City under those provisions of [the CC&Rs] which satisfy the conditions of approval imposed by the City for the project. All proposed amendments shall be submitted to the City's Development Services Director and shall be approved in writing by the City Attorney as a precondition of and prior to 9 I:\Resolutions\Res 8500-8599\8535 Approval of Tenative Tract Map No. 20528 and Commission Review Approval No. 945.docx-ms the recordation of such amendment." b. A provision which reads substantially as follows: "[The CC&Rs] shall be covenants running with the land, and shall, in any event, and without regard to technical classification or designation, legal or otherwise, be, to the fullest extent permitted by law and equity, binding for the benefit and the favor of, and enforceable by the City of Redlands. Although the City of Redlands shall be a beneficiary of [the CC&Rs], and shall have a right to enforce [them], the City of Redlands shall not be obligated hereunder to exercise such rights of enforcement." c. CC&Rs shall detail the ownership and maintenance requirements for Lots A through I, stating that the required open space areas for the project shall be owned and maintained by the Home Owners Association for the project in perpetuity. d. The Conditional, Covenants, and Restrictions ("CC&R's") shall specify that individual trash service shall not occur upon an alley or private streets. Trash receptacles must be placed curbside upon the nearest local street. Further containers shall not be placed within three feet (3') of any obstacle, such as a parked vehicle, fence, lamp post, mailbox and at least one foot (1') from adjacent containers. Mitigation Measures 24. Biological Resources Mitigation Measure 1 (BIO-1): Pre -Construction Survey for Nesting Birds. Ground -disturbing activities shall be conducted during the non -breeding season for birds (approximately September 1 through January 31) to avoid violations of the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code § § 3503, 3503.5 and 3513. If grading or construction activities are scheduled to occur during the bird breeding season (February 1 through August 31), a pre -construction survey for nesting birds shall be conducted by a qualified Designated Biologist who is experienced in the identification of avian species and conduction nesting bird surveys using appropriate survey methodology. The nest survey shall include the project site and any adjacent areas (i.e., construction site entrances and/or staging areas) where the project activities have the potential to cause nest failure. The pre -construction survey shall be conducted no more than three days prior to the start of ground -disturbing activities within the bird breeding season at the appropriate time of day/night, and during appropriate weather conditions. If no nesting birds are observed during the survey, site preparation and construction activities may begin. If nesting birds are found to be present, avoidance or minimization measures shall be undertaken to avoid potential project -related impacts. If a nest is suspected, but not confirmed, the Designated Biologist shall establish a disturbance -free buffer until additional surveys can be completed, or until the location can be inferred based on observations confirm that a nest does not exist or is inactive. If a nest is observed, but 10 I:\Resolutions\Res 8500-8599\8535 Approval of Tenative Tract Map No. 20528 and Commission Review Approval No. 945.docx-ms thought to be inactive, the Designated Biologist shall monitor the nest for one hour (four hours for raptors during the non -breeding season) prior to approaching the nest to determine status. The Designated Biologist shall use their best professional judgement regarding the monitoring period and whether approaching the nest is appropriate. If an active avian nest is confirmed, the Designated Biologist shall immediately establish a conservative avoidance buffer surrounding the nest based on their best professional judgement and experience. The Designated Biologist shall monitor the nest at the onset of project activities, and at the onset of any changes in such project activities (e.g., increase in number or type of equipment, change in equipment usage, etc.) to determine the efficacy of the buffer. If the Designated Biologist determines that such project activities may be causing an adverse reaction, the Designated Biologist shall adjust the buffer accordingly or implement alternative avoidance and minimization measures, such as redirecting or rescheduling construction or erecting sound barriers. All work within these buffers will be halted until the nesting effort is finished (i.e., the juveniles are surviving independent from the nest). The on -site qualified biologist will review and verify compliance with these nesting avoidance buffers and will verify the nesting effort has finished. Work can resume within these avoidance areas when no other active nests are found. Upon completion of the survey and nesting bird monitoring, a report shall be prepared and submitted to the City for mitigation monitoring compliance record keeping. 25. Biological Resources Mitigation Measure 2 (BIO-2): Pre -Construction Surveys for Burrowing Owl. The project applicant shall retain a qualified Biologist to perform a pre -construction burrowing owl survey to determine whether burrowing owls are present within 30 days prior to construction activities, according to the California Department of Fish and Wildlife (CDFW) 2012 guidelines. If construction is delayed or suspended for more than 30 days after the survey, the area shall be resurveyed. Survey for occupied burrows shall be completed within all construction areas and within 300 feet from the proposed project impact area (where possible and appropriate based on locations of barren or ruderal habitats). If burrowing owls are detected during the pre -construction survey, the City shall consult with the CDFW and United States Fish and Wildlife Service (USFWS) to develop and implement a Burrowing Owl Mitigation Plan that includes mitigation measures outlined in CDFW (2012) guidelines and a Worker Environmental Awareness Program (WEAP). 26. Biological Resources Mitigation Measure 3 (BIO-3): Pre -Construction Surveys for Special -Status Reptiles. Prior to the issuance of a grading permit, the project applicant shall provide evidence that a qualified designated biologist has been retained to perform a pre -construction survey of the entire project impact area, including any staging/laydown areas, for Southern California legless lizard and San Diegan tiger whiptail. 11 I:\Resohrtions\Res 8500-8599\8535 Approval of Tenative Tract Map No. 20528 and Commission Review Approval No. 945.docx-ms • If special -status reptiles are observed during construction activities, all work within 50 feet of the animal(s) will be stopped. At no time shall work occur within 50 feet of the animal without the Biological Monitor present. Any special -status wildlife species detected within the project impact area, including any staging/laydown areas, shall be allowed to move away on their own and shall not be captured or handled without authorization from the California Department of Fish and Wildlife (CDFW) or United States Fish and Wildlife Service (USFWS). • Avoidance of Entrapment: To prevent inadvertent entrapment of special -status reptiles during construction, all excavated, steep -walled holes or trenches may need to be covered at the close of each working day with plywood or other suitable material or provided with one or more escape ramps constructed of earth fill or wooden planks. The project applicant shall retain a qualified biologist to regularly inspect open trenches during the construction phase. • Environmentally Sensitive Area Fencing: Areas that support sensitive habitats or reptile species shall be temporarily fenced to protect them from construction activities and traffic. The project applicant may need to retain a qualified designated biologist to monitor Environmentally Sensitive Areas during the construction phase. • Worker Environmental Awareness Program: A Worker Environmental Awareness Program (WEAP) training shall be implemented by a qualified designated biologist to educate construction workers about the presence of special -status plant and reptile species on and near the project site and shall be administered to construction personnel prior to the initiation of ground -disturbing or vegetation/habitat altering activities. 27. Cultural Resources Mitigation Measure 1 (CUL-1): Native American Treatment Agreement. Prior to the issuance of grading permits, the applicant shall enter into a Tribal Monitoring Agreement with the Consulting Tribe[s] for the project. The Tribal Monitor shall be on -site during all ground -disturbing activities (including, but not limited to, clearing, grubbing, tree and bush removal, grading, trenching, fence post placement and removal, construction excavation, excavation for all utility and irrigation lines, and landscaping phases of any kind). The Tribal Monitor shall have the authority to temporarily divert, redirect, or halt the ground -disturbing activities to allow identification, evaluation, and potential recovery of cultural resources. 28. Cultural Resources Mitigation Measure 2 (CUL-2): Retention of Archaeologist. Prior to any ground -disturbing activities (including, but not limited to, clearing, grubbing, tree and bush removal, grading, trenching, fence post 12 I:\Resolutions\Res 8500-8599\8535 Approval of Tenative Tract Map No. 20528 and Commission Review Approval No. 945.docx-ms replacement and removal, construction excavation, excavation for all utility and irrigation lines, and landscaping phases of any kind), and prior to the issuance of grading permits, the Applicant shall retain a qualified archaeologist who meets the U.S. Secretary of the Interior Standards (SOI). The archaeologist shall be present during all ground -disturbing activities to identify any known or suspected archaeological and/or cultural resources. The archaeologist will conduct a Cultural Resource Sensitivity Training, in conjunction with the Tribe[s] Tribal Historic Preservation Officer (THPO), and/or designated Tribal Representative. The training session will focus on the archaeological and tribal cultural resources that may be encountered during ground -disturbing activities as well as the procedures to be followed in such an event. 29. Cultural Resources Mitigation Measure 3 (CUL-3): Cultural Resource Management Plan. Prior to any ground -disturbing activities the project archaeologist shall develop a Cultural Resource Management Plan (CRMP) and/or Archaeological Monitoring and Treatment Plan (AMTP) to address the details, timing, and responsibilities of all archaeological and cultural resource activities that occur on the project site. This Plan shall be written in consultation with the Consulting Tribe[s] and shall include the following: approved Mitigation Measures (MM)/Conditions of Approval (COA), contact information for all pertinent parties, parties' responsibilities, procedures for each MM or COA, and an overview of the project schedule. 30. Cultural Resources Mitigation Measure 4 (CUL-4): Pre -Grade Meeting. The retained qualified archeologist and Consulting Tribe[s] representative shall attend the pre -grade meeting with the grading contractors to explain and coordinate the requirements of the monitoring plan. 31. Cultural Resources Mitigation Measure 5 (CUL-5): On -site Monitoring. During all ground -disturbing activities the qualified archaeologist and the Native American monitor shall be on -site full-time. The frequency of inspections shall depend on the rate of excavation, the materials excavated, and any discoveries of Tribal Cultural Resources as defined in California Public Resources Code Section 21074. Archaeological and Native American monitoring will be discontinued when the depth of grading and the soil conditions no longer retain the potential to contain cultural deposits. The qualified archaeologist, in consultation with the Native American monitor, shall be responsible for determining the duration and frequency of monitoring. 32. Cultural Resources Mitigation Measure 6 (CUL 6): Inadvertent Discovery of Cultural Resources. In the event that previously unidentified cultural resources are unearthed during construction, the qualified archaeologist and the 13 I:\Resolutions\Res 8500-8599\8535 Approval of Tenative Tract Map No. 20528 and Commission Review Approval No. 945.docx-ms Native American monitor shall have the authority to temporarily divert and/or temporarily halt ground disturbance operations in the area of discovery to allow for the evaluation of potentially significant cultural resources. Isolates and clearly non -significant deposits shall be minimally documented in the field and collected so the monitored grading can proceed. If a potentially significant cultural resource(s) is discovered, work shall stop within a 60- foot perimeter of the discovery and an Environmentally Sensitive Area (ESA) physical demarcation/barrier constructed. All work shall be diverted away from the vicinity of the find, so that the find can be evaluated by the qualified archaeologist and Tribal Monitor[s]. The archaeologist shall notify the Lead Agency and consulting Tribe[s] of said discovery. The qualified archaeologist, in consultation with the Lead Agency, the consulting Tribe[s], and the Native American monitor, shall determine the significance of the discovered resource. A recommendation for the treatment and disposition of the Tribal Cultural Resource shall be made by the qualified archaeologist in consultation with the Tribe[s] and the Native American monitor[s] and be submitted to the Lead Agency for review and approval. Below are the possible treatments and dispositions of significant cultural resources in order of CEQA preference: A. Full avoidance. B. If avoidance is not feasible, Preservation in place. C. If Preservation in place is not feasible, all items shall be reburied in an area away from any future impacts and reside in a permanent conservation easement or Deed Restriction. D. If all other options are proven to be infeasible, data recovery through excavation and then curation in a Curation Facility that meets the Federal Curation Standards (CFR 79.1) 33. Cultural Resources Mitigation Measure 7 (CUL 7): Inadvertent Discovery of Human Remains. Consulting Tribe[s] request the following specific conditions to be imposed in order to protect Native American human remains and/or cremations. No photographs are to be taken except by the coroner, with written approval by the consulting Tribe[s]. A. Should human remains and/or cremations be encountered on the surface or during any and all ground -disturbing activities (i.e., clearing, grubbing, tree and bush removal, grading, trenching, fence post placement and removal, construction excavation, excavation for all water supply, electrical, and irrigation lines, and landscaping phases of any kind), work in the immediate vicinity of the discovery shall immediately stop within a 100-foot perimeter of the discovery. The area shall be protected; project personnel/observers will be restricted. The County 14 I:\Resolutions\Res 8500-8599\8535 Approval of Tenative Tract Map No. 20528 and Commission Review Approval No. 945.docx-ms Coroner is to be contacted within 24 hours of discovery. The County Coroner has 48 hours to make his/her determination pursuant to State and Safety Code §7050.5. and Public Resources Code (PRC) § 5097.98. B. In the event that the human remains and/or cremations are identified as Native American, the Coroner shall notify the Native American Heritage Commission within 24 hours of determination pursuant to subdivision (c) of HSC §7050.5. C. The Native American Heritage Commission shall immediately notify the person or persons it believes to be the Most Likely Descendant (MLD). The MLD has 48 hours, upon being granted access to the Project site, to inspect the site of discovery and make his/her recommendation for final treatment and disposition, with appropriate dignity, of the remains and all associated grave goods pursuant to PRC §5097.98. D. If the Consulting Tribe(s) has been named the Most Likely Descendant (MLD), the Tribe may wish to rebury the human remains and/or cremation and sacred items in their place of discovery with no further disturbance where they will reside in perpetuity. The place(s) of reburial will not be disclosed by any party and is exempt from the California Public Records Act (California Government Code § 6254[r]). Reburial location of human remains and/or cremations will be determined by the Tribe's Most Likely Descendant (MLD), the landowner, and the City Planning Department. 34. Hazards and Hazardous Materials Mitigation Measure 1 (HAZ-1): Soil Management Plan. Prior to issuance of a grading permit, a Soil Management Plan (SMP) shall be prepared by a qualified environmental professional with Phase II/Site Characterization experience. The SMP shall be approved by the City and made available by the project Applicant to the contractor and the City Engineer for use during grading activities. The SMP shall include guidelines for safety measures and soil management in the event that soils are to be disturbed, and for handling soil during any planned earthwork activities. The SMP shall also include a decision framework and specific risk management measures for managing soil, including any soil import/export activities, in a manner protective of human health and consistent with applicable regulatory requirements. As part of this SMP, all excavation activities shall be documented daily using digital photography. In addition, the sides and the bottom of the excavation areas of concern shall be appropriately logged on scaled paper. Observed materials, including an estimate of the quantity observed, and PID and dust monitor readings shall be recorded on the Daily Field Record and/or the Direct Reading Log. 15 I:\Resolutions\Res 8500-8599\8535 Approval of Tenative Tract Map No. 20528 and Commission Review Approval No. 945.docx-ms If the results of the stockpile samples show no contamination, or detected concentrations of chemicals within acceptable regulatory limits for residential uses, then the soil may be redistributed within the excavation. If soil is deemed contaminated, then it shall be disposed of off -site at an approved landfill facility. Should any soils be imported or exported at an off -site location, a Phase II/Site Characterization Specialist shall verify that all imported/exported soils are not contaminated with hazardous materials above regulatory thresholds. If import/export soils are determined to be contaminated above regulatory thresholds, the Phase II/Site Characterization Specialist would recommend proper handling, use, and/or disposal of these soils. 35. Hazards Mitigation Measure 2 (HAZ-2): Removal of Organochloride Pesticides (OCP) Contaminated Soils. Prior to site grading activities, the project Applicant shall submit documentation as proof, to the City Engineer, that the OCP-impacted soils at the project site have been excavated and disposed of at a licensed facility with confirmation sampling to show that all remaining soil OCP concentrations are below applicable regulatory screening thresholds for residential uses. The excavation, transport, and disposal of all OCP-impacted soils from the project site shall occur in accordance with applicable Federal, State, and/or local regulations. In no event shall the project Applicant proceed with site grading activities at any location on the site where OCP contamination is found to be present above regulatory thresholds for residential use. 36. Transportation Mitigation Measure 1 (TR-1): Traffic Management Plan. Prior to issuance of grading permits, the project applicant shall prepare a Traffic Management Plan (TMP) for approval by the City of Redlands Traffic Engineer. The TMP shall include measures to minimize potential safety impacts during the short-term construction process if partial or full lane closures are required. The TMP shall specify that one direction of travel in each direction on adjacent roadways (West Pioneer Avenue and West Domestic Avenue) must always be maintained during project construction activities. If full lane closures are required and one direction of travel in each direction cannot be maintained, the TMP shall identify planned detours. The TMP shall include measures such as construction signage, limitations on timing for lane closures to avoid peak hours, temporary striping plans, and use of construction flagperson(s) to direct traffic during heavy equipment use. The TMP shall be incorporated into project specifications for verification prior to final plan approval. 16 I:\Resolutions\Res 8500-8599\8535 Approval of Tenative Tract Map No. 20528 and Commission Review Approval No. 945.docx-ms Other Departments/Divisions 37. Conditions of Approval from the following City Departments/Divisions are applicable to the project, and are hereby incorporated by reference: a. Land Use Engineering Division (Exhibit B) b. Fire Department (Exhibit C) 17 I:\Resolutions\Res 8500-8599\8535 Approval of Tenative Tract Map No. 20528 and Commission Review Approval No. 945.doex-ms EXHIBIT B Land Use Engineering Division Conditions of Approval [ Attached ] 18 I:\Resohrtions\Res 8500-8599\8535 Approval of Tenative Tract Map No. 20528 and Commission Review Approval No. 945.docx-ms Exhibit B REDLANDS DEVELOPMENT SERVICES DEPARTMENT LAND USE ENGINEERING DEVELOPMENT REQUIREMENTS TENTATIVE TRACT NO. 20528 AND COMMISSION REVIEW AND APPROVAL NO. 945 Date of P.C. Meeting: Applicant: Location: Project Description: November 14, 2023 MLC Holdings, Inc. Northwest Corner Tennessee Street and West Pioneer Avenue Subdivide Approximately 14.6 Acres into 117 Single Family Lots and 9 Lettered Lots The applicant shall comply with the following engineering requirements to allow for the orderly development of the surrounding area and for public health and safety. All requirements for development shall be consistent with requirements set forth in the General Plan; applicable sections of Redlands Municipal Code; latest edition of "Redlands Standard Specifications and Detail Drawings for Design and Construction of Public Improvements"; latest edition of American Public Works Association "Standard Plans for Public Works" and "Standard Specifications for Public Works Construction — Greenbook"; latest edition of "Redlands Water Systems Standard Specifications"; latest edition of "Redlands Sanitary Sewer Systems Standard Specifications"; and current Redlands policies and guidelines relative to development projects. A. The following items are required prior to issuance of the GRADING PERMIT. 1. Pay plan check fee as established per resolution. The amount will be determined at plan cheek submittal. 2, Plans required to be submitted include: a. Precise Grading Plan. Grading plans shall be coordinated with the existing and proposed off -site improvements. (RMC 15.04) b. SWPPP/Erosion Control Plan. Erosion/Sediment Control Plan shall be submitted for review and approval. A copy of the project's Storm Water Pollution Prevention Plan (SWPPP) shall be submitted for review. SWPPP Best Management Practices (BMPs) to prevent and control discharges to the municipal separate storm sewer (drain) system shall be in effect for the entire duration of project construction to its completion and acceptance by the City. (RMC 13.54) c. Water Quality Management Plan. Submit final Water Quality Management Plan (WQMP) for review and approval. WQMP shall consist of post construction Best Management Practices (BMPs) prepared in accordance with the requirements and guidelines of the San Bernardino County Stormwater Program. The requirements of the WQMP shall remain in effect throughout the life of the project. (California State Order No. R8-2010-0036) All plans used as reference for design shall be listed on title sheet of all plans with reference numbers. All plans shall be submitted on 24" x 36" size sheets. Six (6) TTM No, 20528 and CRA No. 945 November 14, 2023 Page 2 copies of each are required. After final review, grading and SWPPP plans shall be submitted on 24" x 36" size, min. 4 mil, mylar sheets for City's approval. 3. Submission of plan sets shall be complete and include all required engineering designs and drawings listed in No. 2 above. All plans submitted shall be substantially complete, and no plan check queue place -holder plans will be accepted, An incomplete plan submittal will not be accepted for plan check. 4, All support documentation shall be submitted with the plans to be checked. Submission shall include: a. Hydrology Report and Hydrologic Calculations; (RMC 17.07.030) b. Geotechnieal Report; (RMC 17.07.040) c. Easement Documents. (RMC 17.09.050) 5. A final WQMP that is in substantial conformance with the preliminary WQMP and in full conformance with the WQMP Guidance Document shall be submitted and approved prior to the approval of precise grading plans. 6. Cash cleanup deposit shall be submitted ($3,000.00). Deposit will be reimbursed after the work is completed and accepted by the City upon written request. (RMC 12.16.290) 7. Truck route permit is required for all construction vehicles 5 tons and over gross vehicular weight (e.g. concrete trucks) using streets other than established truck routes. (RMC 10.54) NOTE: Cash cleanup deposit and truck route permit submitted during the grading process could be transferred to be used during building construction or off -site improvement construction if it is within the time limit specified in the truck route permit, otherwise a new truck route permit must be issued. 8. For all development requiring coverage under the state of California General Storm Water Permit, in effect at the time of permit issuance, and whom have filed with the State Board a Notice of Intent (NOI), a copy of the Waste Discharge Identification Number (WDID) and NOI shall be submitted for review and file, Call (866) 563-3107. (RMC 13.54) 9. The Final WQMP shall also include a site trash plan detailing the installation, operation, and maintenance of a Full Capture System (FCS) for loose trash. The intent of the FCS is to capture loose trash preventing the trash from entering the site storm drains and basins. BMPs or devices used as FCS devices shall require acceptance by the City Engineer. Full Capture Systems are defined as treatment controls (either a single device or a series of devices) capable of trapping all particles 5 mm or greater, In addition, the FCS shall trap trash from the greater of: TTM No, 20528 and CRA No. 945 November 14, 2023 Page 3 a. A flow not less than the peak flow rate, Q, resulting from a one-year, one - hour, storm. Precipitation intensity shall be determined using the NOAA ATLAS 14 Point Precipitation Frequency Estimates web site; or b. A flow rate equal to the on -site storm water conveyance system including pipes, channels, and swales. B. The following items are required prior to RECORDATION OF TRACT MAP. 1. Pay plan check fee as established per resolution. The amount will be determined at plan check submittal. (City Resolution No. 7671) 2, Plans required to be submitted shall include (RMC 17.17.060): a. Tract Map; b. Street Improvement; c. Storm Drain Construction; d. Pavement Striping and Signage Plans (including reflectorized pavement markers); e. Street Tree Installation — Street trees shall be provided as per the approved £ Streetlight Installation — Provide street lighting plan which show approved locations of service pedestal(s), conduits, street lights, appurtenances, and any necessary detail by Southern California Edison Company; g. Potable Water Main Installation; h. Recycled Water Main Installation; i. Sewer Main Installation; and j. Approved Onsite Potable and Irrigation Water Line Installation. All plans used as reference for design shall be listed on title sheet of all plans with reference numbers. All plans shall be submitted on 24" x 36" size sheets. Three (3) copies of each are required. After final review, plans shall be submitted on 24" x 36" size, min. 4 mil, mylar sheets for City's approval. 3. Submission of plan sets shall be complete and include all required engineering designs and drawings listed in No. 2 above. All plans submitted shall be substantially complete, and no plan check queue place -holder plans will be accepted. An incomplete plan submittal will not be accepted for plan check. 4. All support documentation shall be submitted with the plans to be checked. Submission shall include (RMC 17,09,060): a. Title Reports and backup documents for the property; b. All record maps and deeds referenced on the Tract/Parcel Map; e. Easement Documents; d. Boundary and Lot Closure Calculations; and e. Record plans, maps and documents. TTM No. 20528 and CRA No. 945 November 14, 2023 Page 4 5. Finalize and obtain all necessary onsite and offsite permissions, permits, easements, right-of-way, and properties in order to satisfy the conditions of approval for this project. Such items may include: a. Encroachment Permits from Caltrans and other agencies, 6. Pay the required development impact fees per ordinance in effect at time of approval of Final Tract Map. The exact amount will be determined based upon the review of the final building plans and project information. Development Impact Fees shall include; • Water Source Acquisition Charge (RMC 13.40); • Water/Sewer/R.ecycled Water Frontage Charges; (RMC 13.44 and 13.12) and • Remaining Development Impact Fees will be due at time of building permit issuance or water meter installation (RMC 13.48.030 and Redlands Ordinance No. 2830). 7, All off -site improvements shall be designed by a Civil Engineer licensed in the State of California. All existing utilities shall be pot -holed to determine the actual depth if no signed plan is available. Field notes will be submitted at time of submitting the plan for review and plan checking (RMC 17.17.060). 8. The approximate locations of existing underground utilities shall be shown on the improvement/site/grading plans. The utilities shall be plotted from record and field data. The City of Redlands and the design Engineer assume no liability as to the exact location of said lines where locations are riot shown. 9. Submission of approved onsite potable and irrigations plans is required prior to connection to recycled water system. All onsite improvements shall be done in accordance with the Water Resources Control Board, Division of Drinking Water requirements for recycled water. City shall submit plans to Division of Drinking Water for approval prior to final approval and installation of irrigation meters. 10. Final City approved mylars for all public improvements shall be on file with the Municipal Utilities and Engineering Department. 11. Requirements for Pioneer Avenue (RMC 17.15 and 17.17): a. Construct standard curb and gutter 21 feet north side of street centerline; b. Provide full depth construction/reconstruction consistent with the City standard or alternative method of street rehabilitation as accepted by the City Engineer between the new curb and gutter to the street centerline verified through a geotechnical report; c. Construct standard property line adjacent sidewalk along the entire street frontage and ramps at all curb returns; d. Install LED ornamental streetlight(s) with the equivalent illumination of a 100 watt sodium vapor street light. Streetlight spacing shall be determined by the City of Redlands design specifications. Location of the light(s) will TTM No. 20528 and CRA No. 945 November 14, 2023 Page 5 be determined at time of plan preparation. Coordinate with City staff for guidance. Prepare and submit a separate street lighting plan for City approval; e. Provide street trees avoiding sewer and water laterals. Prepare and submit a separate street tree plan for City approval; f. Construct pavement transitions based on design speed of the street to accommodate an east bound left turn into Street "A" and west bound due to the narrowing of the street from Citrus Valley High School to the satisfaction of the City Engineer (Note: these transitions may require reconstruction and widening on the south side of San Bernardino Avenue); g. Construct underwalk drain, if necessary; h. Use traffic index of 6.0; i. Install a minimum 8 inch diameter recycled water main including necessary valves and appurtenances and accepted by the City engineer; and j. Install residential fire hydrants as required by the Redlands Fire Department. 12, Requirements for Domestic Avenue (RMC 17.15 and 17.17): a. On the south side of Domestic Avenue dedicate to provide for a 30 foot half street right-of-way width including a comer cutoff at the property line return to accommodate a 30 foot radius curb return and pedestrian ramp; b. Construct standard curb and gutter 20 feet south side of street centerline; c, Construction standard right angle turn from Domestic Avenue to Street "B" d. Provide full depth construction/reconstruction consistent with the City standard or alternative method of street rehabilitation as accepted by the City Engineer between the curb and gutter to the street centerline verified through a geotechnical report abd to the satisfaction of the City Engineer; e. Construct standard property line adjacent sidewalk along the entire street frontage and ramps at all curb returns; f. Install LED ornamental streetlight(s) with the equivalent illumination of a 100 watt sodium vapor street light. Streetlight spacing shall be determined by the City of Redlands design specifications. Location of the light(s) will be determined at time of plan preparation. Coordinate with City staff for guidance. Prepare and submit a separate street lighting plan for City approval; g. Provide street trees avoiding sewer and water laterals. Prepare and submit a separate street tree plan for City approval. h. Construct standard cul-de-sac at street terminus; i. Construct underwalk drain, if necessary; j. Use traffic index of 6.0; k. Install a minimum 12 inch diameter potable water main including necessary valves and appurtenances; 1, Install a minimum 8 inch diameter recycled water main including necessary valves and appurtenances; and TTM No. 20528 and CRA No. 945 November 14, 2023 Page 6 m. Install residential fire hydrants as required by the Redlands Fire Department. 13. Requirements for Street "A" from Pioneer Avenue to Street "B" (RMC 17.15 and 17.17): a. Dedicate to provide for a 64 foot street right-of-way width including a corner cutoff at the property line return to accommodate a 30 foot radius curb return and pedestrian ramp; b. Construct standard curb and gutter 20 feet each side of street centerline; c. Provide full depth construction/reconstruction consistent with the City standard or alternative method of street rehabilitation as accepted by the City Engineer between the new curb and gutter to the street centerline verified through a geotechnical report; d. Construct standard property line adjacent sidewalk along the entire street frontage and ramps at all curb returns; e. Install LED ornamental streetlight(s) with the equivalent illumination of a 100 watt sodium vapor street light. Streetlight spacing shall be determined by the City of Redlands design specifications. Location of the light(s) will be determined at time of plan preparation. Coordinate with City staff for guidance. Prepare and submit a separate streetlighting plan for City approval; f Provide street trees avoiding sewer and water laterals. Prepare and submit a separate street tree plan for City approval, g. Construct underwalk drain, if necessary; h. Use traffic index of 6,0; i. Install a minimum 12 inch diameter potable water main including necessary valves and appurtenances; j. Install a minimum 8 inch diameter recycled water main including necessary valves and appurtenances; k. Install residential fire hydrants as required by the Redlands Fire Department; and 1, Install a minimum 8 inch diameter sewer main with manholes and appurtenances. 14. Requirements for Street "A" from Street `B" to Terminus (RMC 17.15 and 17.17): a, Dedicate to provide for a 60 foot street right-of-way width including a corner cutoff at the property line return to accommodate a 30 foot radius curb return and pedestrian ramp; b. Construct standard curb and gutter 20 feet each side of street centerline; c. Provide full depth construction/reconstruction consistent with the City standard or alternative method of street rehabilitation as accepted by the City Engineer between the new curb and gutter to the street centerline verified through a geotechnical report; TTM No, 20528 and CRA. No. 945 November 14, 2023 Page 7 d. Construct standard property line adjacent sidewalk along the entire street frontage and ramps at all curb returns; e. Install LED ornamental streetlight(s) with the equivalent illumination of a 100 watt sodium vapor street light, Streetlight spacing shall be determined by the City of Redlands design specifications. Location of the light(s) will be determined at time of plan preparation. Coordinate with City staff for guidance. Prepare and submit a separate streetlighting plan for City approval; f. Provide street trees avoiding sewer and water laterals. Prepare and submit a separate street tree plan for City approval. g. Construct standard cul-de-sac at street terminus; h. Construct underwalk drain, if necessary; i. Use traffic index of 5.0; j. Install a minimum 8 inch diameter potable water main including necessary valves and appurtenances; k. Install residential fire hydrants as required by the Redlands Fire Department; and 1. Install a minimum 8 inch diameter sewer main with manholes and appurtenances. 15. Requirements for Street "B" (RMC 17.15 and 17.17): a. Dedicate to provide for a 64 foot street right-of-way width including a corner cutoff at the property line return to accommodate a 30 foot radius curb return and pedestrian ramp; b. Construct standard curb and gutter 20 feet each side of street centerline; c. Provide full depth construction/reconstruction consistent with the City standard or alternative method of street rehabilitation as accepted by the City Engineer between the new curb and gutter to the street centerline verified through a geotechnieal report; d. Construct standard property line adjacent sidewalk along the entire street frontage and ramps at all curb returns; e. Install LED ornamental streetlight(s) with the equivalent illumination of a 100 watt sodium vapor street light. Streetlight spacing shall be determined by the City of Redlands design specifications. Location of the light(s) will be determined at time of plan preparation. Coordinate with City staff for guidance. Prepare and submit a separate streetlighting plan for City approval; f. Provide street trees avoiding sewer and water laterals. Prepare and submit a separate street tree plan for City approval. g. Construct underwalk drain, if necessary; h. Use traffic index of 6,0; i. Install a minimum 12 inch diameter potable water main including necessary valves and appurtenances; j. Install a minimum 8 inch diameter recycled water main including necessary valves and appurtenances; TTM No. 20528 and CRA No. 945 November 14, 2023 Page 8 k. Install residential fire hydrants as required by the Redlands Fire Department; and 1. Install a minimum 8 inch diameter sewer main with manholes and appurtenances. 16. Requirements for Motor Courts (RMC 17.15 and 17,17): a. Dedicate to the City of Redlands a 30 foot wide water and sewer easement as accepted by the City Engineer; b. Construct a 4 foot wide rolled curb and gutter in substantial conformance to the approved tentative tract map and as accepted by the City Engineer; c. Provide full depth street construction as accepted by the City Engineer verified through a geotechnical report; d. Use traffic index of 5.0; e. Install a minimum 8 inch diameter potable water main including necessary valves and appurtenances; f. Install residential fire hydrants as required by the Redlands Fire Department; and g. Install a minimum 8 inch diameter sewer main with manholes and appurtenances. 17. Provide for adequate drainage facilities. The applicant shall provide and submit all necessary hydrology/hydraulic studies and calculations in accordance with the San Bernardino County Hydrology Manual (RMC 17.17), 18. Conditions, Covenants and Restrictions ("CC&Rs") shall be prepared by the applicant and approved by the City for the project which address cross lot drainage, Water Quality Management Plan requirements, sewer usage, water service, and solid waste disposal, which are shared by the property owners. The CC&Rs shall contain the following: a. A provision which reads substantially as follows: "The City shall have the right to review and approve any proposed amendment or termination of [the CC&Rs] when such termination or amendment would alter, amend, terminate or otherwise impair the rights of the City under those provisions of [the CC&Rs] which satisfy the conditions of approval -imposed by the City for the project. All proposed amendments shall be submitted to the City's Development Services Director and shall be approved in writing by the City Attorney as a precondition of and prior to the recordation of such amendment." b. A provision which reads substantially as follows: "[The CC&Rs] shall be covenants running with the land, and shall, in any event, and without regard to technical classification or designation, legal or otherwise, be, to the fullest extent permitted by law and equity, binding for the benefit and the favor of, and enforceable by the City of Redlands. Although the City of Redlands shall be a beneficiary of [the CC&Rs], and shall have a right TTM No. 20528 and CRA No. 945 November 14, 2023 Page 9 to enforce [them}, the City of Redlands shall not be obligated hereunder to exercise such rights of enforcement." 19, The CC&Rs shall be subject to a joint review by the all affected City Department Directors and the City Attorney's Office. The applicant shall be required to pay for the review of the CC&Rs by the affected Department Directors and the City Attorney's Office at such persons' hourly billing rates, 20. The CC&Rs shall be submitted to the City at least thirty (30) days prior to the submission of any request for approval of the final map. The CC&Rs shall subsequently be recorded, in the form approved by the City, prior to or at the same time as the final map. 21. As a condition of and prior to the final tract map approval, the applicant shall (1) petition the City for annexation of the property comprising Tentative Tract Map No. 20528 to the City's Community Facilities District No. 2004-1, or a similar City community facilities district, as designed by the City; (2) take actions reasonable or necessary to annex such property to community facilities district; and (3) pay the reasonable and actual costs incurred by the City in annexing the property to the community facilities district; all for the purpose of maintenance of street trees and trails in the public right-of-ways and easements. (California Community Facilities Act) 22. All irrigation lines that exist within any street right-of-way shall be replaced with ductile iron, cement mortar lined and coated steel, or as approved by City Engineer. (RMC 17.17,020) 23. All off -site utilities shall be placed underground. The undergrounding shall include power poles located along the project site's street frontage(s) and may include power poles beyond the site's boundary as determined by Southern California Edison. Those overhead utility lines that are 66KV or greater will not be required to be undergrounded. Any power pole(s) that contain a streetlight will be required to install a standard streetlight, in accordance with the Municipal Utilities and Engineering Department's standards. Plans shall be submitted that detail the undergrounding of all off -site utilities, subject to review and approval by the City Engineer. (RMC 17.17.020) 24. Construct a 10 foot wide minimum Community Trails/Bike Trail across lettered lot "F" within the development. Dedicate a minimum 11 foot public access easement for all trails within the development located outside of street right-of- way. (RMC 17.17.020) 25. Install reduced pressure principle backflow devices as required by City Engineer. (RMC 13.20) 26. Install onsite fire line with double detector check valve backflow devices at service connection satisfactory to the City Fire Department. (RMC 13.20) TTM No. 20528 and CRA No. 945 November 14, 2023 Page 10 27. Improvement bonds must be posted for the total estimated cost of off -site improvements as follows (RMC 17,17.080): Performance 100% security (due prior to final map approval) (Warranty) 10% security (due at time of acceptance of improvements) Labor and Materials 50% security (due prior to final map approval) Acceptable security forms: Surety Bond(s), Letter of Credit from a qualified bank or institution, Cash Deposits, or Set Aside Letter (savings account) in City's name subject to approval of the City Attorney and Finance Director. 28. Survey and Monumentation cash bond must be posted. 29. The 10% warranty security will be retained for one year after acceptance of public improvements by the City for warranty of off -site work. 30. Execute Subdivision Improvement Agreement (RMC 17.17.070). C, The following items are required prior to issuance of the RUILIMNG PERMIT 1. Pay plan check fee as established per resolution. The amount is to be determined at plan check submittal. (City Resolution No. 7671) 2. Provide pad certification and compaction report to the Building and Safety Department. 3. Pay the required development impact fees per ordinance in effect at time of issuing the building permit. The exact amount will be determined based upon the review of the final building plan or project information. Development Impact Fees shall include: • Transportation Facilities; (RMC 3.54) • Fire Facilities; (RMC 3.60) • General Government Facilities; (RMC 3.60) • Library Facilities; (RMC 3.60) • Open Space/Park; (RMC 3.32) • Police Facilities; (RMC 3.60) • Storm Drain Facilities; (RMC 3.56) • Water Capital Improvement Charge; (RMC 3.48) • Recycled Water Capital Improvement Charge; (RMC 3.53) • Water Source Acquisition Charge*; (RMC 13.40) • Sewer Capital Improvement Charge; (RMC 3.44) • Solid Waste Capital Improvement Charge; (RMC 3.70) and • Sewer Frontage Charges*. (RMC 13.44) TTM No. 20528 and CRA No. 945 November 14, 2023 Page 11 * These charges are required for building permit issuance if Final or Parcel Map was not required for the project or charges were not paid with the Final or Parcel Map approval. 4. Although this project will have an on -going inspection throughout construction, a final inspection for all off -site improvements must be scheduled by developer to certify that these improvements comply with City specifications. (RMC 12.16.090) 5. Provide for adequate drainage facilities, including any necessary under sidewalk drains. (RMC 17.17) 6. Comply with City of Redlands Landscape Ordinance No. 2724 and submit a landscape/irrigation plan prepared by a licensed landscape architect for review and approval. The irrigation system shall be designed and constructed to make use of future recycled and/or recycled water system. 7. Submit recycling plans for site demolition/construction for review and approval in accordance with Chapter 13,66 of the Redlands Municipal Code. 8. Tract map shall be recorded and proof of recordation provided. D. The following items are required prior to approval of APPLICATION FOR WATER SERVICE CONNECTION and prior to WATER METER INSTALLATION. 1. Pay the Water Capital Improvement Charge; (RMC 3.48.030) 2, Pay the Recycled Water Capital Improvement Charge; (RMC 3.53.050) 3. Pay the Water Meter Charge. (Redlands Ordinance No, 2830) E. The following items are required prior to issuance of the ENCROACHMENT PERMIT. 1. Cash cleanup deposit shall be submitted ($3000.00). Deposit will be reimbursed after the work is completed and accepted by the City upon written request. (Required unless previously submitted under Sections A, B or C.) (RMC 12.16.290) 2. Truck route permit is required for all construction vehicles 5 tons and over gross vehicular weight (e.g. concrete trucks) using streets other than established truck routes, (RMC 10.54) 3. 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 '1"1'M No. 20528 and CRA No. 945 November 14, 2023 Page 12 Identification Number, call Underground Service Alert toll free, 1-800-227-2600, two (2) working days prior to conducting any excavation. (RMC 12.20.120) 4, Encroachment Permit application and two (2) sets of City approved plans must be submitted for all off -site improvements. Encroachment Permit fees shall be paid prior to issuance of Encroachment Permit. (RMC 12,16.010) 5. A California OSHA Permit Number for all work that is 5 feet deep or deeper shall be provided. Ca11 (909)383-4321. (RMC 12.16.040) 6. A copy of soils report is required with recommendation for the final pavement structural section to be submitted prior to placing of the street pavement. The report shall include test results and boring/sampling locations. 7, A traffic control plan shall be prepared in accordance with the latest revision of CA MUTCD or W.A.T.C.H. manual, submitted and accepted by the City Engineer prior to issuance of an encroachment permit. The plan shall show all required construction signage, warning devices, road closures, detours, delineation, phasing schedules and anticipated durations of closures and detours for any work within the public right-of-way. The plans shall provide narnes and 24-hour phone numbers of individuals who can be contacted regarding traffic control measures. 8. Improvement bonds must be posted for the total estimated cost of off -site improvements as follows: Performance 100% security (due prior to final map approval) (Warranty) 10% security (due at time of acceptance of improvements) Labor and Materials 50% security (due prior to final map approval) Acceptable security forms: Surety Bond(s), Letter of Credit from a qualified bank or institution, Cash Deposits, or Set Aside Letter (savings account) in City's name subject to approval of the City Attorney and Finance Director. 9. Execute Subdivision Improvement Agreement. (RMC 17,17.070). 10. The 10% warranty security will be retained for one year alter acceptance of public improvements by the City for warranty of off -site work. F. The following items are required prior to issuance of CERTIFICATE OF OCCUPANCY. 1. All requirements as described in Sections A, B, C, D and E of these conditions of approval shall be met. TTM No. 20528 and CRA No. 945 November 14, 2023 Page 13 2. All work shall be completed to the satisfaction of the City Engineer. All as -built plans shall be delivered to the Municipal Utilities and Engineering Department for review and approval. 3. The Engineer of Record shall file a Final Certification for all grading and improvements relating to the project development. 4. Owner's Licensed Land Surveyor shall reset survey points, monuments, record corners, and centerline ties that were destroyed during construction and shall file Corner Records for those points prior to completion of the project with San Bernardino County Surveyor. Copies of information shall be furnished to the Municipal Utilities and Engineering Department. [California B&P Code 8762, 8767, 8768, 8771, and 8773(b)] 5. One mylar copy of recorded tract map shall be furnished to the Municipal Utilities and Engineering Department. 6. A list of as -built infrastructure improvement quantities shall be provided in the Excel format provided by the City showing quantities for each street segment (i.e. pavement, curb and gutter, sidewalk, etc.) 7. Streets may be required to have a seal coat applied at the option of the City Engineer. Type of seal coat is to be determined by the City Engineer. 8. Resurface existing roadway as directed by the City Engineer due to utility installations and construction damage. 9. Existing striping shall be removed and replaced as necessary. New striping and pavement markings shall be installed as required by the City Engineer. 10. Contractors will be required to pave new streets in two (2) phases with last phase being delayed until 95 percent of construction has been completed, or on approval of the City Engineer. 11. Owner/Developer shall provide recycling receipts as required by the recycling plan. G. The following items are required prior to release of SECURITIES/WARRANTIES/DEPOSITS. 1. Prior to the release of the securities for the project, all improvements shall be reviewed and accepted by the City Engineer. 2. A recorded mylar copy of the tract map shall be submitted, if a part of a lot -sale subdivision and not included in Item E. TTM No. 20528 and CRA No. 945 November 14, 2023 Page 14 3. Tie sheets shall be submitted for all monuments found and/or set in the public right-of-way. 4. The release of securities/warranties/deposits must be requested in writing to the City Engineer. Allow 30 days for processing. DONALD YOU�N . . P.M.P. One Stop Permit Center Manager FILE: TM 20528 EXHIBIT C Fire Department Conditions of Approval [ Attached ] 19 I:\Resolutions\Res 8500-8599\8535 Approval of Tenative Tract Map No. 20528 and Col -mission Review Approval No. 945.docx-ms FIRE DEPARTMENT November 2, 2023 Exhibit C City of REDLANDS Incorporated 1888 City of Redlands 35 Cajon Street, Suite 12, Redlands, CA 92373 Subject: TTM 20528 — Fire Department Conditions Fire Department Conditions 1. Street A Dead End Turnaround provisions for Fire Apparatus -110 COMMUNITY RISK REDUCTION DIVISION No curbside parking shall be permitted in the cul-de-sac of "Street A" and driveways 'AE' and 'AF' shall be constructed to support a 75,0001b fire apparatus. This can be finalized during the grading plan review and permit process. 2. Fire Hydrant Location Corner of Street B Proposed hydrant shall be relocated to southwest corner of "Street B". 3. Fire Access Plan Prior to recordation of the final map and/or grading permit issuance, the applicant shall provide a Fire Access Plan for review and approval by the Redlands Fire Department. Vince Anderson I Fire Marshal Redlands Fire Department Phone 909.798.7601 Email vanderson(rb,citvofredlands.org 35 Cajon St, Ste. 12 Redlands, CA 92373