ATTACHMENT "A"
List of Conditions for TPM22-00010
Approval Date: January 17, 2023
Effective Date: March 10, 2023
Expiration Date: March 10, 2031
This list of conditions applies to Consideration of Conditional Use Permit CUP 21-00004 in conjunction with Tentative Parcel Map No. 20315 (TPM22-00010) and Development Agreement DA 22-00002 to construct a 1,108,000 square foot warehouse distribution building on approximately 69 gross acres within the Regional Commercial (RC) and Commercial Industrial Business Park (CIBP) zones of the Main Street and Freeway Corridor Specific Plan located on the east side of Mesa Linda Avenue, at the intersection of Mesa Linda Avenue and Popular Street, and Specific Plan Amendment SPLA 21-00001 to change approximately 45 acres of the project site from Regional Commercial (RC) to Commercial Industrial Business Park (CIBP), in conjunction with adoption of an Environmental Impact Report pursuant to the provisions of CEQA (Applicant: Covington Capitol; APNs: 3064-601-07 & 3064-621-01) 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
TITLE REPORT. The Developer shall provide a complete title report 90 days or newer from the date of submittal. (E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
ALL EASEMENTS OF RECORD. It shall be the responsibility of the Developer to provide all Easements of Record per recent title report. (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. Dedication on Mesa Linda Street for knuckle at Poplar Street.
B. Dedication on Cataba Road.
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
PARCEL 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
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 Analyst, Bethany Hudson at (760) 947-1438 or [email protected], 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
CONDITIONAL USE PERMIT. These conditions are concurrent with CUP 21-00004 and Development Agreement DA 22-00001 becoming effective. Approval of the Development Agreement will determine the expiration date of the project.
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. An automatic meter reader to be included on all meter connections. (E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
UTILITY RELOCATION. If the developer is required to install water, sewer, or construct street improvements or when utilities shall be placed underground, it shall be the developer 's responsibility to relocate any existing utilities at their own expense. Relocation of utilities shall be identified upon submittal of construction plans. (P, E)
COMPLETED COMPLIED BY
NOT IN COMPLIANCE
COMMUNITY FACILITIES DISTRICT. The applicant shall
annex into the site into the Community Facilities District CFD-2022-1 (Non Residential Maintenance and Services).
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 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
PUBLIC IMPROVEMENTS. All public improvements shall be
completed by the Developer and approved 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