ATTACHMENT "A"
List of Conditions for TPM22-00002
Approval Date:
Effective Date:
Expiration Date:
This list of conditions applies to Consideration of Conditional Use Permit CUP19-00010 to allow the construction of three industrial warehouse buildings totaling approximately 3,745,429 square feet in conjunction with tentative parcel map No. 20257 (TPM22-00002) to rearrange the four existing parcels into for new parcels and Development Agreement DA22-00001 on 194.8 gross acres of land designated Commercial/Industrial Business Park (CIBP) within the Main Street and Freeway Corridor Specific Plan located on the north side of Phelan Road, west of Highway 395, south of Yucca Terrace Drive and east of the power line utility corridor (Applicant: Covington Group; APN: 3064-351-03, 3064-361-01, 3064-391-01, 3064-401-02).
The use shall not be established until all conditions of this land use approval application have been met.
This approved land use shall become null and void if all conditions have not been completed by the expiration date noted above. Extensions of time may be granted upon submittal of the required application and fee prior to the expiration date.
(Note: the "COMPLETED" and "COMPLIED BY" spaces are for internal City use only).
CONDITIONS REQUIRED PRIOR TO RECORDATION OF THE PARCEL MAP
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
P
ARCEL MAP (RES). A Parcel Map shall be prepared by or
under the direction of a registered civil engineer or licensed land surveyor, based upon a survey, and shall conform to all provisions as outlined in article 66433 of the Subdivision Map Act as well as the San Bernardino County Surveyors Office Map Standards. (E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
TITLE
REPORT. The Developer shall provide a complete title
report 90 days or newer from the date of submittal along with all easements of record. (E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
PLAN
CHECK FEES. Plan checking fees must be paid in
conjunction with the improvement plan submittal. All required plans, maps, requested studies, CFD annexations, etc. must be submitted as a package. The Developer shall coordinate with the City's Engineering Department, to obtain the fee calculation form which shall be completed and submitted, along with fee payment, at time of plan submittal. Any
outstanding fees must be paid before final inspection and the release of bonds. (E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
AL
L EASEMENTS OF RECORD. It shall be the responsibility
of the Developer to provide all Easements of Record per recent title report. All easements of record shall be shown on parcel map. (E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
ACCESS
EASEMENTS. The Developer shall grant an Access
Easement if required to provide reciprocal parking and access to and from parcels. Said easements shall be indicated on the Map. (E)
Attachment 7
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
OFF SITE OFFERS OF DEDICATION AND EASEMENT .
Should off site offers of dedication or easements be required for off site improvements, it shall be the responsibility of the Developer to obtain such dedications or easements at no cost to the City, pursuant to section 66462.5 of the Subdivision Map Act. (E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
IRREVOCABLE OFFERS OF DED. AND EASEMENT. The
Developer shall show all Offers of Dedication (s) and
Easement(s) on the Map as outlined below: (E)
A. Proposed Industrial Collector connecting Phelan Road to Yucca Terrace as shown on tentative approved parcel map and site plan.
B. All dedications and easements needed to satisfy all
conditions of approval for storm drain, water and sewer infrastructure as well as intersection improvements per approved TIA.
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
CONDITIONAL USE PERMIT AND DEVELOPMENT
AGREEMENT. These conditions are concurrent with
CUP19-00010 and DA22-00001 becoming effective.
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
FISH AND GAME FEE. The applicant shall submit a check to the City in the amount of $3,589.25 payable to the Clerk of the Board of Supervisors of San Bernardino County to enable the filing of a Notice of Determination. (P)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
INDEMNIFICATION. As a further condition of approval, the Applicant agrees to and shall indemnify, defend, and hold the City and its officials, officers, employees, agents, servants, and contractors harmless from and against any claim, action or proceeding (whether legal or administrative ), arbitration, mediation, or alternative dispute resolution process ), order, or judgment and from and against any liability, loss, damage, or costs and expenses (including, but not limited to, attorney's fees, expert fees, and court costs ), which arise out of, or are in any way related to, the approval issued by the City (whether by the City Council, the Planning Commission, or other City reviewing authority ), and/or any acts and omissions of the Applicant or its employees, agents, and contractors, in utilizing the approval or otherwise carrying out and performing work on Applicants project. This provision shall not apply to the sole negligence, active negligence, or willful misconduct of the City , or its officials, officers, employees, agents, and contractors .
The Applicant shall defend the City with counsel reasonably acceptable to the City. The City 's election to defend itself , whether at the cost of the Applicant or at the City 's own cost , shall not relieve or release the Applicant from any of its obligations under this Condition. (P)
CONDITIONS REQUIRED PRIOR TO DEVELOPMENT OF ANY PARCEL OF THE PARCEL MAP
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
RECORDATION OF MAP. Map shall be recorded with the San Bernardino County Recorders Office. (E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
UTILITIES. Each parcel shall be served by a separate water meter, service line, and sewer lateral connection where available. Automatic meter reader to be included on all meter connections. (E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
UTILITY RELOCATION /UNDERGROUND. Developer is required
to construct water, sewer, and street improvements, if existing utilities conflict with said improvements, it shall be the developer's responsibility to relocate / underground any existing utilities at their own expense. Relocation / undergrounding of utilities shall be identified upon submittal of construction plans . (P, E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
RECIPROCAL ACCESS AND PARKING EASEMENT .
Irrevocable reciprocal access easements shall be recorded , allowing for the perpetual use of the private streets, driveways, drive aisles, trash enclosures, and off -street parking spaces for the benefit of all properties within the parcel map. These easements map be shown on the recorded parcel map or by a separate instrument as required by the Engineering Division. If the easement will be provided as a separate document, then the required application and fees shall be submitted to the Planning Division prior to review and approval by the City for recordation. (P)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
CFD ANNEXATION. The applicant shall annex the property into Community Facilities District CFD 94-01 concurrent with recordation of the final map. (F)
CONDITIONS REQUIRED PRIOR TO GROUND DISTURBING ACTIVITY
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
APPROVAL OF ALL REQUIRED IMPROVEMENT PLANS. All
improvement plans shall be prepared by a registered Civil Engineer per City standards and shall be approved and signed by the City Engineer. (E)
CONDITIONS REQUIRED PRIOR TO OCCUPANCY OF ANY UNIT
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
AS BUILT PLANS. The Developer shall provide as built plans . (E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
ELECTRONIC COPIES. The Developer shall provide electronic copies of the approved project in AutoCAD format Version 2020 to the City's Engineering Department. (E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
PUBLIC IMPROVEMENTS. All public improvements shall be
completed by the Developer and accepted by the Engineering Department. Existing public improvements determined to be unsuitable by the City Engineer shall be removed and replaced . (E)
NOTICE TO DEVELOPER: THIS CONCLUDES THE REQUIREMENTS FOR RECORDATION OF THE PARCEL MAP. IF YOU NEED ADDITIONAL INFORMATION OR ASSISTANCE REGARDING THESE CONDITIONS , PLEASE CONACT THE APPROPRIATE DIVISION LISTED BELOW:
(B) Building Division 947-1300
(E) Engineering Division 947-1476
(F) Fire Prevention Division 947-1603
(P) Planning Division 947-1200
(RPD) Hesperia Recreation and Park District 244-5488