Loading...
HomeMy WebLinkAbout7498_CCv0001.pdf RESOLUTION NO. 7498 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING CONDITIONAL USE PERMIT NO. 1028 WHEREAS, an application for Conditional Use Permit No. 1028 for a Planned Residential Development (PRD) on approximately 30.51 acres consisting of eighty two (82) single-family residential lots and seven (7) lettered lots has been filed by Newland Homes for property located on the north side of Pioneer Avenue, east of Texas Street (Assessor's Parcel Nos. 0167-041-04, 05, 14, 18, 20 and 0167-071-26); and WHEREAS, on March 10, 2015, the City of Redlands' Planning Commission held a noticed public hearing at which interested persons had an opportunity to testify in support of, or in opposition to, the Conditional Use Permit and at which the Planning Commission considered the Conditional Use Permit; and WHEREAS, the City Council has the authority per Section 18.192.060 of the City of Redlands Municipal Code to take action on Conditional Use Permit No. 1028 to permit a Planned Residential Development (PRD) on approximately 30.51 acres consisting of eighty two (82) single-family residential lots and seven(7) lettered lots; and WHEREAS, at the public hearing on March 10, 2015, the Planning Commission considered, heard public comments on, and recommended approval of, a Mitigated Negative Declaration and Conditional Use Permit No. 1028 and recommended approval of the same to the City Council; and WHEREAS on April 2, 2015, notice of this City Council's public hearing for the Zone Change was published in the Redlands Daily Facts by the City Clerk; and WHEREAS, on July 7, 2015, the City Council held a public hearing and considered the staff written and oral reports, the recommendation of the Plarming Commission, the testimony and written evidence submitted by and on behalf of the applicant, and testimony by members of the public; and WHEREAS, at the public hearing on July 7, 2015, the City Council considered, heard public comments on,the Mitigated Negative Declaration for the Project; NOW, THEREFORE, be it resolved by the City Council of the City of Redlands as follows: Section 1. Required Findings. Pursuant to Redlands Municipal Code Section 18.192.060 and, after consideration of the record before the City Council including the July 7, 2015 staff report, and all oral and written evidence and testimony presented at the public hearing for Conditional Use Permit No. 1028, the City Council hereby finds as follows: 1 1Acc1erk\Reso1utions\Res 7400-7499\7498 CUP 1028 7 7 15.doc I. The proposed Project will not adversely affect the Iand use plans of the City as the proposed use is consistent with the General Plan Designation of Very Low Density Residential and the proposed density. The proposed development is consistent with the R-E (Residential Estate)District at the PRD Ordinance. 2. The Project will not be detrimental to the public health, safety, and welfare. The proposed use will provide new housing and open space opportunities for future and current city residents. A Mitigated Negative Declaration has been prepared to fully analyze potential environmental impacts. Health, safety, and welfare items such as traffic, noise, air quality, etc. have been addressed and mitigation measures have been incorporated to reduce any potential impacts to a level of less than significant. 3. The proposed Project does comply to the maximum extent feasible with the City's General Plan; is consistent with the densities set forth in the General Plan. Also, the Project is consistent with the City's Municipal Code development standards, including the development standards as laid forth in the R-E (Residential Estate) District and the Planned Residential Development Ordinance, including setback, open space, landscaping, and circulation requirements. 4. The proposed Project is appropriate at the proposed location because the Project includes residential uses consistent with existing and adjacent residential uses. The Project site abuts established residential neighborhoods to the south, east, and west, is located within a developing residential area with a residential General Plan designation, and incorporates lot sizes and densities similar to surrounding neighborhoods. Section 2. Approval. The City Council hereby approves Conditional Use Permit 1028, subject to the Conditions of Approval attached hereto as Exhibit "A" and incorporated herein by this reference as Exhibit "A." Section 3. Effective Date. This Resolution shall take effect on the effective date of City of Redlands Ordinance No. 2815. ADOPTED, SIGNED AND APPROVED this 7d day of July, 2015. LW auI W. Foster, Mayor ATTEST: Sam Irwin, ay Clerk 2 ]Acclerk\Resolutions\Res 7400-7499\7498 CUP I028 7 7 15.doc I, Sam Irwin, 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 7`I' day of July, 2015 by the following vote: AYES: Councilmembers Harrison, Gilbreath, James; Mayor Foster NOES: None ABSENT: Councilmember Barich ABSTAIN: None Sam Irwin, City Clerk 3 1:\cc1erk\Reso1utions\Res 7400-7499\7498 CUP 1028 7 7 15.doc EXHIBIT DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION CONDITIONS OF APPROVAL AND DEVELOPMENT INFORMATION FOR CONDITIONAL USE PERMIT NO. 1028 Date of Preparation: March 5, 2015 Planning Commission Date: March 10, 2015 City Council Date: July 7, 2015 Applicant: Newland Homes Location: 51O W Pioneer Avenue CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 1028 1. The issuance of any permits shall comply with all provisions of the Redlands Municipal Code. 2. Unless construction has commenced pursuant to a building permit, or a time extension is granted in accordance with Code, this application shall expire concurrently with the expiration of Tentative Tract Map No. 18988. 3. This approval is for a Conditional Use Permit for a Planned Residential Development (PRD)on approximately 30.51 acres consisting of eight two (82) single-family residential lots and seven (7) lettered lots located on the north side of Pioneer Avenue, east of Texas Street in the A-1 (Agricultural) District (Proposed change to PRD/R-E District). 4. All plans submitted to the City shall reflect all Planning Commission and City Council approvals and any other changes required by the Commission/Council and/or staff. This condition applies to site plans, landscape plans, building elevations and materials, grading, and all other illustrations, text, or plans submitted to the City in connection with the project. 5. No Certificate of Occupancy shall be granted until all conditions of approval have been satisfied. 6. The applicant shall not make any modifications or changes during construction that are in conflict or contrary to the project's approved site design, grading plan, landscape plan, or building elevations without first consulting with the Development Services Director or his designee. CONDITIONAL USE PERMIT NO. 1028 CONDITIONS OF APPROVAL PAGE 2 7. The project site shall be kept in a weed and dust free condition throughout all periods of development. B. All on-site utilities shall be placed underground except power poles for lines over 66 KV. Plans shall be submitted that detail the undergrounding of all on- site utilities, subject to review and approval by the Development Services Director, prior to issuance of building permits. 9. All freestanding walls, visible from the public right-of-way or public areas, shall incorporate design features, such as tree planter wells, variable setbacks, columns, split face block, decorative cap, or other such features to provide visual relief along the wall surface. As amended by the Planning Commission on March 10, 2015. 10. The Final Landscape Plans shall incorporate the following: a. The landscape plan shall comply with all requirements for landscaping pursuant to the Redlands Municipal Code. b. The landscape plans shall be detailed and show the specific distribution, size, and amount of each species of trees, shrubs, and groundcover; C. Provide a 60-50 mix of evergreen and deciduous trees within the parking areas and periphery planters; d. The Landscape Plan shall show concrete mow strips to separate turf from other ground surfaces on all common lots; e. All trees shall be a minimum of 15-gallon size and be double staked. Arbor guards shall be provided on all trees planted in turf areas; f. The landscape plans shall identify measures such as root barriers and deep watering to be utilized to minimize heaving of parking lot pavement by tree roots; g. An automatic irrigation system shall be utilized to irrigate the site's approved landscape design. As amended by the Planning Commission on March 10, 2015. 11. The Landscape and Irrigation Plans shall be approved by the following City departments, prior to the issuance of building permits: CONDITIONAL USE PERMIT NO. 1028 CONDITIONS OF APPROVAL PAGE 2 a. Submit Landscape and Irrigation Plans with each copy of the construction plans for plan check to the Development Services Department, Building &Safety Division,for distribution to other departments and for review and approval by the Development Services Director. b. The Landscape and Irrigation Plans shall be subject to review and approval by the Municipal Utilities & Engineering Director and the Development Services Director for compliance with the Water Efficient Landscape Ordinance No. 2724 (Also known as Chapter 15.84 of the RMC). 12. The landscape architect responsible for the design of the project's landscape plan shall review and certify, prior to a request by the applicant for a final occupancy inspection, that the installed landscaping meets the specifications of the approved landscape plan, except as modified in the conditions of approval. 18. The evergreen trees, as identified on the landscape plan, are to be maintained and the trimming or maintenance of them shall serve the purpose to bring them into a full canopy-type configuration which is the intent of this approval. 14. The following additional dust suppression measures in the SCAQMD CEQA Air Quality Handbook are included as part of the projects mitigation: a. Revegetate disturbed areas as quickly as possible. b. Suspend all excavating and grading operations when wind speeds (as instantaneous gusts) exceed 25 mph. C. Sweep all streets once per day if visible soil materials are carried to adjacent streets(recommend water sweepers with reclaimed water). d. Minimize at all times the area disturbed by clearing, grading, earthmoving, or excavation operations. 15. Prior to issuance of grading permits, the construction contractor shall provide evidence showing that the following measures shall be implemented to reduce air pollutants generated by equipment exhaust and fugitive dust during project construction: a. The construction contractor shall select the construction equipment used on site based on low emission factors and high energy efficiency. The construction contractor shall ensure that construction grading plans include a statement that all construction equipment will be tuned and CONDITIONAL USE PERMIT NO. 1028 CONDITIONS OF APPROVAL PAGE 2 maintained in accordance with the manufacturer's specifications. b. The construction contractor shall utilize electric or diesel-powered equipment in lieu of gasoline-powered engines where feasible. C. The construction contractor shall ensure that construction grading plans include a statement that work crews will shut off equipment when not in use. During smog season (May through October), the overall length of the construction period will be extended, thereby decreasing the size of the area prepared each day, to minimize vehicles and equipment operating at the same time. d. The construction contractor shall time the construction activities so as not to interfere with peak hour traffic and to minimize obstruction of through traffic lanes adjacent to the site; if necessary, a flag person shall be retained to maintain safety adjacent to existing roadways. e. The construction contractor shall support and encourage ridesharing and transit incentives for the construction crew. f. The construction contractor shall demonstrate compliance with SCAQMD Rule 1113 on the use of architectural coatings. Emissions associated with architectural coatings would be reduced by complying with these rules and regulations,which include using pre-coated/natural- colored building materials, water-based or low VOC coating, and coating transfer or spray equipment with high transfer efficiency. 16. The construction contractor shall demonstrate compliance with the fugitive dust suppression measures in SCAQMD Rule 403. SCAQMD Rule 403 requires that fugitive dust be controlled so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emission source. Applicable fugitive dust control measures identified in Rule 403 include: a. Apply nontoxic chemical soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for 10 days or snore). b. Water active sites at least twice daily. Locations where grading is to occur will be thoroughly watered prior to earthmoving. C. Cover all trucks hauling dirt, sand, soil, or other loose materials, or maintain at least two feet of freeboard (vertical space between the top of the load and top of the trailer) in accordance with the requirements of California Vehicle Code (CVC)Section 23114. CONDITIONAL USE PERMIT NO. 1028 CONDITIONS OF APPROVAL PAGE 2 d. Pave construction access roads at least 100 feet onto the site from the main road. e. Reduce traffic speeds on all unpaved roads to 15 miles per hour (mph) or less. 17. During all site excavation and grading, the project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacture's standards. 18. The project contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest to the project site. 19. The construction contractor shall locate equipment staging areas that will create the greatest practical distance between construction-related noise sources and noise-sensitive receptors nearest to the project site during all project construction. 20. Construction contractors shall provide the Building & Safety Division a name and phone number of a contact person in the event that noise levels become disruptive. The name and phone number shall be posted on site, informing the public who to contact. 21. The applicant shall submit a recycling plan for approval to the Quality of Life Department prior to the issuance of any demolition permits. 22. 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. 23. The property owner and applicant and their successors and assigns, shall defend, by paying for the defense costs of the City of Redlands (for counsel retained by the City), indemnify and hold harmless the City of Redlands, and its elected officials, officers, employees, and agents, from and against any and all claims, actions, and proceedings (collectively "Claims")to attach, set aside, void or annul the approval of this Conditional Use Permit by the City, or Claims brought against the City due to acts or omissions in any way connected to the CONDITIONAL USE PERMIT NO. 1028 CONDITIONS OF APPROVAL PAGE 2 applicant's project that is the subject of this permit. This indemnification shall include, but not be limited to, damages, fees, costs, liabilities, and expenses incurred in such actions or proceedings, including damages for the injury to property or persons, including death of a person, and any award of costs or attorneys'fees. In the event any such action is 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 following notice of such action from the City, the applicant shall file with the City a performance bond or irrevocable letter of credit, or other farm of security satisfactory to the City (the "Security") in a form satisfactory to the City, and in the amount of$100,000, to ensure applicant's performance of its defense and indemnity obligations under this condition. The Security amount shall not limit the total indemnity obligation of the applicant pursuant to this condition. The failure of the applicant to provide the Security shall be deemed an express acknowledgement and agreement by the applicant that the City shall have the authority and right, without objection by the applicant, to revoke all entitlements granted for the project pursuant to this permit. The City shall have no liability to the applicant for the exercise of City's right to revoke this permit. 24. This approval prohibits the storage of recreational vehicles in the front yards of each of the units. 25. Each unit shall have two (2) covered parking spaces, meeting or exceeding minimum internal dimensions, as required by the Redlands Municipal Code. 26_ Landscaping for each lot shall be planted and Installed prior to occupancy of the unit. Common landscaped areas shall be landscaped in accordance with a phasing plan to be submitted with the final landscape plan. 27. All landscaping within common area lots shall contain automatic irrigation systems. 28. Minimum front and rear yards for the project shall comply with the provisions of the Municipal Code. All lots shall have a minimum side yard dimension of ten (10)feet on each side as shown on Tentative Tract No. 18998. 20. The project shall contain variable front yard building setbacks ranging from twenty(20)to thirty(30)feet and averaging twenty-five (25)feet for each block frontage to break up building massing along the street. 30. Solid masonry perimeter walls shall be constructed with decorative block and shall include a decorative cap. CONDITIONAL USE PERMIT NO. 1028 CONDITIONS OF APPROVAL PAGE 2 31. The applicant shall consult with an expert on the planting and growing of small citrus groves to ensure the longevity and health of the proposed citrus trees. The citrus groves shall be sprayed twice a year for psyllid pests. 32. The applicant shall make a good faith effort to explore an agreement with the adjacent property owner to the north and west,to plant and maintain the portion of the flag lot(APN: 0'167-041-01). 33. The applicant shall work with Southern California Edison to pursue the planting of appropriate tree, shrub and/or groundcover utility easement that runs through the project site. 34. Maximum lot coverage by structures for each parcel within this PRD shall be calculated by multiplying the lot area by 133%and then multiplying that product by t.ei#zfiye percent(25%)thirty percent (30°fo). As amended by the Planning Commission on March 10, 2015. 35. Approval of a demolition permit is required prior to the demolition of any structures on-site. As the existing structures are over fifty (50) years of age, the demolition request requires review by the Historic and Scenic Preservation Commission. 36. Twenty-five percent (25%) of the lots shall contain single story houses. 37. An archaeological monitorshall be required on-site, during all ground disturbing activities for the portion of the property that includes existing structures. 38. The applicant shall make an attempt to relocate the existing windmill to the open space area. 39. Mitigation Measure No. 'I —To mitigate the potential impacts identified in 111(a) of the Environmental Checklist, the project plans and specifications shall incorporate and implement Rule 403, including: All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed twenty five (25) miles per hour per SCAQMD guidelines in Order to limit fugitive dust emissions. • The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered at least three(3)times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the mid-morning, afternoon, and after work is done for the day. CONDITIONAL USE PERMIT NO. 1028 CONDITIONS OF APPROVAL PAGE 2 • The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are reduced to fifteen (15)miles per hour or less. To be monitored by the Development Services Department, Building and Safety Division, and the Municipal Utilities and Engineering Department during construction of the project. 40. Mitigation Measure No. 2-To mitigate the potential impacts identified in lil(a) of the Environmental Checklist, heavy duty trucks accessing the site shall not idle for greater than five minutes at any location. This measure is intended to apply to construction traffic. Grading plans shall reference that a sign shall be posted on-site stating that construction workers need to shut off engines at or before five minutes of idling. To be monitored by the Development Services Department, Planning Division, and the Municipal Utilities and Engineering Department prior to issuance of a grading permit and during construction of the project. 41. Mitigation Measure No. 3-To mitigate the potential impacts identified in IV(a) and(b)of the Environmental Checklist,compliance with the CDFW Staff Report on Burrowing Owl Mitigation (CDFW 2012) is required. The applicant shall ensure that a pre-construction burrowing owl survey is conducted at least 14 days prior to construction activities. A qualified Etiologist shall conduct the survey to determine if there are any active burrowing owl burrows within or adjacent to (within 500 feet) the impact area. A follow-up survey shall be conducted within 24 hours prior to ground disturbance. If no active burrows are observed, construction work can proceed. If an active burrow is observed outside the nesting season (September 1 to January 31) and the burrow is within the impact area, a Burrowing Owl Exclusion Plan shall be prepared and submitted to CDFW for approval, outlining standard burrowing owl burrow closing procedures used to exclude burrowing owls (e.g., using passive relocation with one-way doors). The burrow exclusion shall be conducted by a qualified Biologist during the non- breeding season. Site monitoring shall be conducted prior to, during, and after exclusion of burrowing owls from their burrows in order to ensure take is avoided. If exclusion occurs immediately after the end of the breeding season, daily monitoring shall be required for one week to ensure young have fledged. The loss of any active burrowing owl burrow/territory shall be mitigated through replacement of habitat and burrows at no less than a 1:1 ratio, If an active burrow is observed outside the nesting season (i.e., between September 1 and January 31) and the burrow is not within the impact area, CONDITIONAL USE PERMIT NO. 1028 CONDITIONS OF APPR©VAI". PAGE 2 construction work shall be restricted within 160 to 1,605 feet of the burrow depending on the time of year and level of disturbance near the site in accordance with guidelines specified by the CDFW. To be monitored by the Development Services Department, Planning Division, and the Municipal Utilities and Engineering Department prior to issuance of a grading permit. This measure shall be implemented within 14 days prior to initiation of ground disturbing construction activities. if burrowing owls are encountered, the Burrowing Owl Exclusion Plan shall be implemented prior to disturbance within the occupied area. A report of findings from the burrowing owl survey shall be delivered to the City and retained in the project file. If further actions are required to manage burrowing owl, a report summarizing the results of management actions shall be provided to the City and retained in the project file. 42. Mitigation Measure No. 4—To mitigate the potential impacts identified in IV(a) and (b) of the Environmental Checklist, as part of the project design, the applicant set aside an undisturbed area in the northern portion of the project site as a buffer, as indicated on the approved site plan. This area is required to be maintained in an undisturbed state during and after construction. To be monitored by the Development Services Department, Planning Division prior to issuance of grading and building permits. 43. Mitigation Measure No. 5 -To mitigate the potential impacts identified in IV(a) and (b) of the Environmental Checklist, to mitigate potential impacts to Loggerhead shrike, White-tailed kite, and nesting birds, the applicant shall conduct a pre-construction nesting bird surveys during the nesting bird season of March 15 —September 15, thirty (30) days prior to any vegetation removal. If nests are found during surveys, they will be flagged and a two hundred(200) foot buffer shall be fenced around the nests. A pre-construction biological survey shall be conducted to identify any potential sensitive resources thirty (30) days prior to ground disturbing activities. The applicant shall retain a qualified biologist to ensure the sensitive areas (designated open space) are clearly fenced to avoid impacts from construction activities. Furthermore, the applicant shall retain a qualified biological monitor to visit the site once a week during construction ground disturbing activities to ensure all fencing is in place and no sensitive species are being impacted. To be monitored by the Development Services Department, Planning Division, prior to issuance of a grading and building permit. A report of findings from the pre-construction survey shall be delivered to the City and retained in the project file. CONDITIONAL USE PERMIT NO. 1028 CONDITIONS OF APPROVAL PAGE 2 44. Mitigation /Measure No.B-To mitigate the potential impacts identified in 1V(a) and (b)of the Environmental Checklist,to mitigate potential impacts to the San Diego black-tailed jack rabbit, the applicant shall require a pre-construction biological survey be conducted to identify any potential sensitive resources thirty (30) days prior to ground disturbing activities. The applicant shall retain a qualified biologist to ensure the sensitive areas(designated open space) are clearly fenced to avoid impacts from construction activity. Furthermore, the applicant shall retain a qualified biological to monitor the site daily during ground disturbing activities to ensure all fencing is in place and no sensitive species are being impacted. To be monitored by the Development Services Department, Planning Division, prior to issuance of a grading and building permit. A report of findings from the pre-construction survey shall be delivered to the City and retained in the project file. 45. Mitigation Measure No. 7 -To mitigate the potential impacts identified in IV(a) and (b) of the Environmental Checklist, the applicant shall notify the California Department of Fish and Wildlife (CAFW), United Stated Army Corps of Engineers (USACOE), and the Regional Water Quality Board (RWQCB) prior to any activities within the jurisdictional drainages in the northwestern boundary of the property and the Santa Ana River. The applicant shall place a temporary fence to separate project activities from the jurisdictional drainages_ To be monitored by the Development Services Department, Planning Division, and the (Municipal Utilities and Engineering Department prior to issuance of a grading and building permit. 46. Mitigation Measure No. 8-To mitigate the potential impacts identified in V(a) of the Environmental Checklist,'if prehistoric or historic resources over 50 years of age are encountered during land modification, then activities in the immediate area of the finds should be halted so that the archaeologist can assess the find, determine its significance, and make recommendations for appropriate mitigation measures within the guidelines of the California Environmental Quality Act and/or the Federal National Environmental Policy Act. To be monitored during construction by the Development Services Department, Building and Safety Division and Planning Division and verified prior to issuance Certificate of Occupancy.Any reports of subsurface resource findings shall be retained in the project file. 47. Mitigation Measure No. 9 -To mitigate the potential impacts identified in V(d) of the Environmental Checklist, if human remains and/or "grave goods" (i.e., CONDITIONAL USE PERMIT NO. 1028 CONDITIONS OF APPROVAL PAGE 2 funerary objects) are found within the project area, the City of Redlands Police Department and San Bernardino County coroner shall be notified immediately. The coroner shall determine whether or not the circumstances, manner, and cause of death require further investigation as a crime scene. If not,the coroner shall endeavor to determine if the remains are Native American. This shall be accomplished in consultation with a physical anthropologist, human osteologist, or other qualified specialist. If the coroner determines that the remains are Native American and not evidence of a crime, he/she shall contact the Native American Heritage Commission (NAHC) per CH&SC §7050.5(b). The NAHC would then immediately identify the persons or Tribe it believes to be to be most likely descended from the deceased Native American. With the permission of the landowner, the most likely descendant (MLD) may inspect the site of the discovery and recommend means for treating or disposing of the human remains and any associated grave goods with appropriate dignity. The MLD shall complete the inspection and make a recommendation within 48 hours of notification by the NAHC. If the NAHC is unable to identify an MLD, or if the MLD fails to make a recommendation, or if the landowner rejects the MLD's recommendation and mediation by the NAHC fails to provide measures acceptable to the landowner, the landowner shall reinter the human remains and any associated items with appropriate dignity on the property in a location not subject to further subsurface disturbance (PRC §5097.98). If the human remains are not those of a Native American,the City shall consult with the coroner, a biological anthropologist or human osteologist, and a qualified historical archaeologist to develop an appropriate plan for treatment and to determine if historical research, further archaeological excavations, and/or other studies may be necessary before a treatment plan can be finalized. Also, if the remains are those of an identifiable individual and not evidence of a crime, the City shall notify the next-of-kin, who may wish to influence or control the subsequent disposition of the remains. If the next-of kin (for non-Indian remains) or MLD so requests, the City shall coordinate discussions among concerned parties to determine if reburial at or near the original site in a location not subject to further disturbance is feasible. If a proximate reburial location is not feasible, then the City may continue to coordinate discussions until a final disposition of the remains is decided upon. Following the initial discovery and identification of any human remains, funerary objects, sacred objects, or objects of cultural patrimony within the project area, no further archaeological excavation, recording, or analysis of such remains CONDITIONAL USE PERMIT NO. 1028 CONDITIONS OF APPROVAL PAGE 2 and/or objects shell occur until after the MLD has made a recommendation to the landowner with respect to the disposition of the remains and/or objects. Thereafter, the City shall take into account the recommendation of the MLD, and shall decide on the nature of any archaeological excavation, recording, or analysis to be done of the discovered remains and/or funerary objects. To be monitored during construction by the Development Services Department, Building and Safety Division and Planning Division and verified prior to issuance Certificate of Occupancy. 48, Mitigation Measure No. 1 Q - To mitigate the potential impacts identified in VI(a-d) of the Environmental Checklist, the project shall be developed in accordance with all the recommendations included in the geotechnical investigation prepared by Petra Geotechnical, Inc. for the subject property. In addition, the proposed project will be constructed to adhere to all federal, state, and local regulations pertaining to seismic design. To be monitored by the Development Services Department, Building & Safety Division, Municipal Utilities and Engineering Department, and satisfied during construction of the project. 49. Mitigation Measure No. 11 - To mitigate the potential impacts identified in VI(a-d) of the Environmental Checklist, all permanent landscaping shall be installed prior to final occupancy, and, fallowing construction, disturbed soils shall be landscaped, or otherwise treated (covered with gravel, mulch or hardscape, to protect soils from wind and water erosion. To be monitored by the Development Services Department, Planning Division, and satisfied prior to occupancy of the project. 50. Mitigation Measure No. 12 - To mitigate the potential impacts identified in VI(a-d) of the Environmental Checklist, the applicant shall be required to include a Soil Erosion Control Plan as part of the Stormwater Pollution Prevention Plan (SWPPP) and Water Quality Management Plan (WQMP) for the project site. This section of the SWPPP/WQMP shall include measures designed to control wind and water erosion on the site during and after construction. These Best Management Practices shall include measures including landscaping, hardscaping and incorporation of site retention facilities to reduce the volume of stormwater runoff, minimize soil exposed to concentrated runoff and infiltrate surface runoff on the project site in accordance with the City's Stormwater Management ordinance (Section 15.54.160 of the municipal code. To be monitored by the Municipal Utilities and Engineering Services CONDITIONAL USE PERMIT NO. 1028 CONDITIONS OF APPROVAL PAGE 2 Department and the Building & Safety Division of the Development Services Department prior to issuance of grading permits. 51. Mitigation Measure No. 13 - To mitigate the potential impacts identified in IX(a) of the Environmental Checklist, the project shall be required to comply with the submitted Water Quality Management Plan (WQMP) prepared in accordance with Santa Ana Regional Water Quality Control Board and the City of Redlands. The project shall also provide the appropriate Best Management Practices (BMPs) within the project site to stop 'first flush" of accumulated pollutants from entering the City storm drain system.The project-specific BMPs may also incorporate other measures such as bio-swales in planter areas which can also eliminate the"first flush"of accumulated pollutants on street surfaces. BMPs can include onsite bio-swales, infiltration trenches, treatment units and detention basins that will reduce pollutant levels from onsite runoff to meet as defined in Municipal Code section 15.54.160. The specific mix of BMPs will be reviewed and approved by the City. To be monitored by the Municipal Utilities and Engineering Department and verified prior to issuance of Certificate of Occupancy. 52. Mitigation Measure No. 14—To mitigate the potential impacts identified in XII(a-b)of the Environmental Checklist, the project requires the construction of a sound barrier at least five (5) feet high for lots 62 and 63, adjacent to Pioneer Avenue. The recommended noise control barriers shall provide a weight of at least four (4) pounds per square foot of face area with no decorative cutouts or line-of-sight openings between shielded areas and the roadways. The noise barrier may be constructed using one of the following materials: • Masonry Block • Stucco veneer over wood framing (or foam core), or 1 inch thick tongue and groove wood of sufficient weight per square foot. • Glass (1/4 inch thick), or other transparent material with sufficient weight per square foot. • Earthen berm • Any combination of these construction materials The barrier must present a solid face from top to bottom. Unnecessary openings or decorative cutouts should not be made. All gaps (except for weep holes) should be filed with grout or caulking. To be monitored by the Development Services Department, Building & Safety Division and Planning Division, and satisfied during construction of the project. CONDITIONAL USE PERMIT NO. 1028 CONDITIONS OF APPROVAL PAGE 2 53. Mitigation Measure No. 15 -To mitigate the potential impacts identified in XII(a-b) of the Environmental Checklist, the project shall provide the following measures to mitigate noise: • All windows and sliding glass doors shall be well fitted, well weather-stripped assemblies and shall have a minimum sound transmission class (STC) rating of 27. • All exterior doors shall be well weather-stripped solid core assemblies at least one and three-fourths-inch thick. • Roof sheathing of wood construction shall be well fitted or caulked plywood of at least one-half inch thick. Ceilings shall be well fitted, well-sealed gypsum board of at least one-half inch thick. Insulation with at least a rating of R-19 shall be used in the attic space. • Arrangements for any habitable room shall be such that any exterior door or window can be kept closed when the room is in use. A forced air circulation system (e.g. air conditioning) shall be provided which satisfies the requirements of the Uniform Mechanical Code. • All bedrooms, when in use, are expected to contain furniture or other materials that absorb sound equivalent to the absorption provided by wail-to-wall carpeting over a conventional pad. To be monitored by the Development Services Department, Building & Safety Division and Planning Division, and satisfied during construction of the project. 54. Mitigation Measure No. 16—To mitigate the potential impacts identified in XII(a-b) of the Environmental Checklist, he applicant shall limit all construction activities to the hours of 7:00 a.m. and 6:00 p.m. with no construction activities permitted on Sundays and Federal Holidays. To be monitored by the Development Services Department, Building & Safety Division and Planning Division, and satisfied during construction of the project. 56. Mitigation Measure No. 17 - To mitigate the potential impacts identified in XIV(a) of the Environmental Checklist, the project shall require a construction site security plan approved by the police department providing adequate security measures such as lights, video cameras, vehicle transponders, locks, alarms, trained security personnel,fencing etc.The nature of the measures will depend on the specific requirements of the site, and may vary with the different stages of construction. The developer shall be responsible for the compliance CONDITIONAL USE PERMIT NO. 1028 CONDITIONS OF APPROVAL PAGE 2 of all sub-contractors working on the site. Other impacts associated with new development are mitigated with the payment of development impact fees, and State Established school fees. To be monitored by the Police Department, Development Services Department, Building and Safety Division, and completed prior to issuance of a grading and building permit. 56. Mitigation Measure No. 18 - To mitigate the potential impacts identified in Section XVI(a)and (b)of the Environmental Checklist,all on site improvements and improvements adjacent to the site shall be required in conjunction with the proposed development to ensure adequate circulation within the project itself. To be monitored by the Planning Division of the Development Services Department, Building and Safety Department, and Municipal Utilities and Engineering Department and completed prior to issuance of issuance of building permits. 57. Mitigation Measure No. 19 - To mitigate the potential impacts identified in Section XVI(a) and (b) of the Environmental Checklist, interim frontage improvements along Pioneer Avenue along the south project boundary shall be constructed, as well as the construction of frontage improvements of ultimate widening of Pioneer Avenue at its ultimate half section width including landscaping, median, and parkway improvements in conjunction with development, as necessary. To be monitored during construction and grading activities by the Planning Division of the Development Services Department, Building and Safety Department, and Municipal Utilities and Engineering Department and completed prior to issuance of Certificate of Occupancy. 58. Mitigation Measure No. 20- To mitigate the potential impacts identified in Section X\/I(a) and (b) of the Environmental Checklist, the applicant shall construct Texas Street at the project's frontage to its ultimate half section width including landscaping and parkway improvements in conjunction with development, as necessary. To be monitored during construction and grading activities by the Planning Division of the Development Services Department, Building and Safety Department, and Municipal Utilities and Engineering Department and completed prior to issuance of Certificate of Occupancy. 59. Mitigation Measure No. 21 - To mitigate the potential impacts identified in Section XVI(a) and (b) of the Environmental Checklist, on-site traffic signing CONDITIONAL USE PERMIT NO. 1028 CONDITIONS OF APPROVAL PAGE 2 and striping shall be implemented in conjunction with detailed construction plans for the project. To be monitored by the Municipal Utilities and Engineering Department and verified prior to issuance of building permits. 60. Mitigation Measure No. 22 - To mitigate the potential impacts identified in Section XVI(a)and (b) of the Environmental Checklist, the project shall require that the project should contribute towards the cost or construction of necessary study area improvements on a fair share or "pro-rata" basis. To be monitored by the Municipal Utilities and Engineering Department prior to issuance of qFading pe a Certificate of Occu ane . As amended by the Planning Commission on March 10, 2415. 61. Mitigation Measure No. 23 - To mitigate the potential impacts identified in Section XVI(a) and (b) of the Environmental Checklist, the applicant shalt participate in the funding and construction of the Interim Traffic Signal at the intersection of Pioneer Avenue/Texas Street and/or any other improvements at or related to the intersection of Pioneer Avenue and Texas Street,with a design to be approved by the Municipal Utilities and Engineering Department and generally in accordance with the conceptual design previously delivered to the City(Urban Crossroads Alt#3 dated 12/2/2014). The City shall contribute the traffic signal poles and arms for such Interim Traffic Signal. Any cost associated with the construction of the Interim Traffic Signal may be credited towards amounts required under Mitigation Measure No. 22 above. To be monitored by the Municipal Utilities and Engineering Department prior to issuance of a Certificate of Occupancy. fit. Mitigation Measure No. 24 - To mitigate the potential impacts identified in Section XVI(a) and (b) of the Environmental Checklist, the applicant shall hire a qualified traffic engineer to design traffic signals and related geometries for the intersection of Pioneer Avenue and Texas Street. To be monitored by the Municipal Utilities and Engineering Department. 63. Perimeter walls adjacent to a street, open space and park areas shall be planted with vines or coated with an anti-graffiti seal or paint to discourage graffiti and defacing of the walls. As amended by the Planning Commission on March 10, 2015. 64. A children's playground with benches, or"tot lot', shall be provided within the CONDITIONAL USE PERMIT NO. 1028 CONDITIONS OF APPROVAL PAGE 2 active open space. As amended by the Planning Commission on March 10, 2015. 65. All facades facing a street shall be enhanced with windows with decorative treatment, to provide additional architectural articulation to the satisfaction of the Development Services Director. As amended by the Planning Commission on March 10, 2015, Approved by: Oscar W. Orci Development Services Director REDLANDS MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT DEVELOPMENT REQUIREMENTS TENTATIVE TRACT MAP NO. 18988 AND CONDITION USE PERMIT NO 1028 Date of P.C. Meeting: March 10,2015 Applicant: Newland Homes Location: North Side of Pioneer Avenue,East of Texas Street Project Description: Planned Residential Development Consisting of 82 Single Family Dwellings 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. I. Pay plan check fee as established per resolution. The amount will be determined at plan check 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. 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 Rest 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. 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 Stormivater Program. The requirements of the WQMP shall remain in effect throughout the life of the project. 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. Tract No. 189881CUP No. 1028 March 10,2015 Page 2 Six (6) 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; b. Geotechnical Report; C. Easement Documents. 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. 7. Truck route permit is required ($67.00) for all construction vehicles 5 tons and over gross vehicular weight (e.g. concrete trucks) using streets other than established truck routes. 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 (14(31), a copy of the Waste Discharger Identification Number (WDID) and N01 shall be submitted for review and file, Call (866) 563-3107. B. The following items are required prior to RECORDATION OF TRACT MAP. I. Pay plan check fee as established per resolution. 'Ilie amount will be determined at plan check submittal. 2. Plans required to be submitted shall include: a. Tract Map; b. Street Improvement; Tract No. 189881CUP No. 1028 March 10,2015 Page 3 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 Street Tree List; f Traffic Signal Modification/Construction; 9. Street Light 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; h. Potable Water Main Installation; j. Sewer Main Installation; k. Approved Onsite Irrigation Water Line Installation(Lettered Lots). 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. 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-bolder 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. Title Reports and backup documents for the property; b. All record maps and deeds referenced on the Tract Map, C. Easement Documents; d. Boundary and Lot Closure Calculations; e. Record plans, maps and documents. 5. 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; • Water,,Sewer Water Frontage Charges. 6. All off-site improvements shall be designed by a Civil Engineer licensed in the State of California. All existing utilities shall be pot-baled 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. 7. The approximate locations of existing underground utilities shall be shown on the improvementisite/grading plans. The utilities shall be plotted from record Tract No. 18988/CUP No. 1028 March 10, 2015 Page 4 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 not shown. 8. Submission of approved onsite potable and irrigations plans (Lettered Lots) 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. 9. Final City approved mylars for all public improvements shall be on file with the Municipal Utilities and Engineering Department. 10. Requirements for Texas: a. Dedicate to provide for a 44 foot half street right-of-way width including a comer cutoff at the property line return to accommodate a 25 foot radius curb return; b. Construct standard curb and gutter 32 feet east 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 14 feet west of the street centerline with redwood header on west side verified through a geotechnical report; d. Construct property line adjacent sidewalk along the entire street frontage and ramps at all curb returns; e. Install LED ornamental street light(s) [LEOTEK (GCAI-40E) or approved equal), with the equivalent illumination of a 150,watt sodium vapor street light. Street light spacing shall be determined by the City of Redlands design specifications. Installation of two (2) lights will be required. Location of the light 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; d. Provide street trees spaced every 40 feet avoiding sewer and water laterals. Prepare and submit a separate street tree plan for City approval, e. Construct standard pavement transition based on design speed of the street from the northerly project property line to north; f Construct underwalk drain,if necessary; 9. Use traffic index of 9.0; h. Install a minimum 12 inch diameter potable water main including necessary valves and appurtenances; i. Install residential fire hydrants as required by the Redlands Fire Department. Provide fire flow calculations; j. Relocate existing gate as accepted by the City Engineer. Tract No. 18988/CUP No. 1028 March 10,2015 Page 5 11. Requirements for Pioneer Avenue: a. Dedicate to provide for a 65 foot half street right-of-way width including a comer cutoff at the property line return to accommodate a 25 foot radius curb return and pedestrian ramp; b. Construct standard curb and gutter 53 feet north side of street centerline; C. Design a 12 foot wide raised landscaped center median as accepted by the City Engineer and construct north side curb of center median. 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 new curb and gutter verified through a geotechnical report; e. Construct standard property line adjacent sidewalk along the entire street frontage and ramps at all curb returns; f. Install LED ornamental street tight(s) [LEOTEK {GCA 1-40E) or approved equal], with the equivalent illumination of a 150 watt sodium vapor street light. Street light spacing shall be detennined by the City of Redlands design specifications. Installation of one (1) light will be required. Location of the light 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; 9. Provide street trees spaced every 40 feet avoiding sewer and water laterals. Prepare and submit a separate street tree plan for City approval. 11. Construct underwalk drain, if necessary; i. Use traffic index of 6.0; j. Install residential fire hydrants as required by the Redlands Fire Department. Provide fire flow calculations, 12. Requirements for all lettered streets and Riverside Drive: a. Dedicate to provide for a 60 foot street right-of-way width including a comer cutoff at the property line return to accommodate a 25 foot radius curb return and pedestrian ramp; b. Dedicate to provide for City standard radius cul-de-sacs and right-angle turn at locations shown on the approved tentative tract map; C. Construct standard curb and gutter 18 feet both sides of street centerline; 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 new curb and gutter verified through a geotechnical report; e. Construct standard property line adjacent sidewalk along the entire street frontage and ramps at all curb returns; Tract No. 18988/CUP No. 1028 March 10, 2015 Page 6 f Install LED ornamental street light(s) [LEOTEK (OCl-30E) or approved equal], with the equivalent illumination of a 100 watt sodium vapor street light. Street light spacing shall be determined by the City of Redlands design specifications. Installation of nine(9) lights will be required. Location of the light 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; 9. Provide street trees spaced every 40 feet avoiding sewer and water laterals. Prepare and submit a separate street tree plan for City approval. b. Construct City standard cul-de-sac and right-angle turn at locations shown on the approved tentative tract map; i. Construct underwalk drain, if necessary; j. Use traffic index of 5.0; k. Install a minimum 8 inch diameter potable water main including necessary valves and appurtenances; I. Install residentiallcommercial fire hydrants as required by the Redlands Fire Department. Provide fire flow calculations; in. Install a minimum 8 inch diameter sewer main with manholes and appurtenances; n. Provide sewer capacity calculations for the proposed sewer main. 13. Requirements for Domestic Avenue: a. Dedicate to provide for a 46 to 50 foot street right-of-way width including a comer cutoff at the property line return to accommodate a 25 foot radius curb return and pedestrian ramp as accepted by the City Engineer; b. Construct standard curb and gutter 18 feet north side of street centerline and 12 feet south 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 verified through a geotechnical report; d. Construct standard property tine adjacent sidewalk along the entire northerly street frontage and ramps at all curb returns, e. Install LED ornamental street light(s) [LEOTEK (GCI-30E) or approved equal], with the equivalent illumination of a 100 watt sodium vapor street light. Street light spacing shall be determined by the City of Redlands design specifications. Installation of four (4) lights will be required. Location of the light 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; f, Provide street trees spaced every 40 feet avoiding sewer and water laterals. Prepare and submit a separate street tree plan for City approval. Tract No. 18988/CUP No. 1028 March 10,2015 Page 7 & Construct underwalk drain,if necessary; h. Use traffic index of 5.0; i. Pay appropriate fee(s) and submit application for City Council approval of a No Parking zone along the south side. 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. Provide fire flow calculations; 14. Install a minimum 8 inch diameter recycled water main including necessary valves and appurtenances from a point(s) along the project's southerly boundary to provide future service to all lettered lots and the existing Israel Beal Park as accepted by the City Engineer. 15. 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, 16, The project shall contribute towards the cost or construction of necessary study area improvements on a fair share or"pro-rata''basis. 17. Applicant shall fund and construction of the Interim Traffic Signal at the intersection of Pioneer Avenue/Texas Street and other improvements related to the interim intersection, with a design to be approved by the Municipal Utilities and Engineering Department and generally in accordance with the conceptual design previously delivered to the City (Urban Crossroads Alt #3 dated 12/212014). The City shall provide traffic signal poles and arms for such Interim Traffic Signal. The poles to be provided shall be the poles that were removed from Redlands Boulevard/Alabama Street Intersection as part of the Alabama Street Widening Project. 18. The applicant shall hire a qualified traffic engineer to design traffic signals and related geometries for the intersection of Pioneer Avenue and Texas Street. 19. 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 (including, but not limited to, rain gardens on the numbered lots), 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 propose 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 Tract No. 18988/CUP No. 1028 March 10,2015 Page 8 imposed by the City for the project.All proposed amendments shall be submitted to the City's Community Development 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 to enforce[them),the City of Redlands shall not be obligated hereunder to exercise such rights of enforcement." 20. 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_ 21. The CC&Rs shall be submitted to the City at least twenty(20)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. 22. As a condition of and prior to the final/parcel map approval, the applicant shall (1) petition the City for annexation of the property comprising Tentative Tract Map No. 18988 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-7 all for the purpose of maintenance of landscaping, trails, commonly-owned areas and public right- of-ways. 23. 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 Enaineer, 0 24. 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 power poles that are 66KV or greater will not be required to be under-grounded. Any power pole(s) that contain a street light will be required to install a standard street light, in accordance with the Municipal Utilities and Engineering Department's standards. Plans shall be submitted that Tract No. 18988/CUP No. 1028 March 10,2015 Page R detail the undergrounding of all off-site utilities, subject to review and approval by the City Engineer. 25. Construct standard Community Trail along the Santa Ana River Bluff within the development. Trail aligrinent to be coordinated with, and incorporated into, the County Santa Ana River Trail Project with the San Bernardino County Parks Department. Dedicate public access and maintenance easement to San Bernardino County. 26. Install reduced pressure principle backflow devices as required by City Engineer. 27 Dedication documents shall be prepared by a licensed land surveyor or registered civil engineer (registered prior to January 1982) in the State of California and must be submitted for review and approval before recordation. 28. Improvement bonds must be posted for the total estimated cost of off-site improvements as follows: Performance 90% security (due prior to final map approval) (Performance/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. 29. Survey and Monumentation cash bond must be posted. 30. The 101/o performance (warranty) security will be retained for one year after acceptance of public improvements by the City for warranty of off-site work. 31. Execute Subdivision Improvement Agreement. 32. All submittals must be received and approved a minimum of 21 days prior to the City Council Meeting when Final Map approval is anticipated. C. The following items are required prior to issuance of the BUILDING PERMIT 1. Pay plan check fee as established per resolution. The amount is to be determined at plan check submittal. Tract No. 18988/CUP No. 1028 March 10,2015 Page 10 2. Provide pad certification to the Building and Safety Department. All SWPPP Best Management Practices (BMPs) to prevent and control discharges to the municipal separate storm sewer (drain) system shall be in place and shall be maintained throughout the course of the project. 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; Fire Facilities; General Government Facilities; Community Center Facilities; Library Facilities; Open Space/Park; Police Facilities; • Storm Drain Facilities; • Water Capital Improvemebt Charge; 9 Water Source Acquisition Charge*; 0 Recycled Capital Improvement Charge; 0 Sewer Capital Improvement Charge; 0 Solid Waste Capital Improvement Charge; & Water/Sewer Water Frontage Charges*. * 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. Final City approved mylars for all public improvements shall be on file with the Municipal Utilities and Engineering Department. 5. 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. 6. Provide for adequate drainage facilities, including any necessary under sidewalk drains, 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. Tract No. 18988/CUP No. 1028 March 10, 2015 Page I I 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; 2. Pay the Recycled Water Capital Improvement Charge; 3. Pay the Water Meter Charge. E. The following items are required prior to issuance of the ENCROACHMENT PERMIT. I Cash cleanup deposit shall be submitted (53,000,00). Deposit will be reimbursed after the work is completed and accepted by the City upon written request. (Required unless previously submitted under Section A.) 2. Section 421614217 of the Government Code requires a Dig Alert Identification Number be issued before a "Permit to Excavate" will be valid. For your Dig Alert Identification Number, call Underground Service Alert toll free, 1-800- 227-2600, two (2) working days prior to conducting any excavation. 3. 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. 4. A California OSHA Permit Number for all work that is 5 feet deep or deeper shall be provided. Call(909)383-4321. 5. 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. 6. 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 approved 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. s closures and , phasing schedules and anticipated duration of clos r detours for any work within the public right-of-way. The plans shall provide names and 24-hour phone numbers of individuals who can be contacted regarding traffic control measures. 7. Improvement bonds must be posted for the total estimated cost of off-site improvements as follows: Tract No. 18988/CUP No. 1028 March 10, 2015 Page 12 Performance 90% security (due prior to final map approval) (PerformancefWarranty) 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. S. Execute Subdivision Improvement Agreement. F. The following items are required prior to issuance of CERTIFICATE OF OCCUPANCY. I All requirements as described in Sections A, B,C, D and E of these conditions of approval shall be met. 2. The Engineer of Record sliall file a Final Grading Certification for all grading and improvements relating to the project development. 3. Owner's Licensed Land Surveyor shall reset survey points,monuments,record comers, and centerline ties that were destroyed during construction and shall file Comer 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. 4. One mylar copy of recorded tract map shall be furnished to the Municipal Utilities and Engineering Department. 5. 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 as well as a CD-R0M.dwg file of the as- built plans. 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 sea] coat applied at the option of the City Engineer. Type of sea] 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. Tract No. 18988/CUP No, 1028 March 10,2015 Page 13 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 follolving items are required prior to release of BONDSAVARRANTIESIDEPOSITS. 1. Prior to the release of the bonds 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. 3, Tie sheets shall be submitted for all monuments found an&or set in the public right-of-way. 4. Monumentation letter shall be submitted by licensed Land Surveyor or qualified Civil Engineer certifying that all monuments have been set as required and that he or she has been paid for the service, 5. The release of bondsiwarranties/deposits must be requested in writing to the City Engineer, Allow 30 days for processing. CHRIS DIGGS MICHAEL F Interim Director of Municipal Utilities Interim City Engineer And Engineering Ins ake FILE. Tact ISM C12E MA