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HomeMy WebLinkAbout01- Planning . . CITY OF SAN BERNARDINO P1anninq and Bui1dinq Services Department Interoffice Memorandum TO: FROM: Mayor and~on Council Al Bough~Director, Planning and Building Services SUBJECT: Paradise Hills Specific Plan (Specific Plan No. 90-03, General Plan Amendment No. 91-07 and Development Agreement No. 91-03), Agenda Item No. ~ 41 DATE: February 15, 1993 COPIES: Rachel Clark, City Clerk; James Penman, City Attorney; Shauna Clark, City Administrator ------------------------------------------------------------------- Staff recommended conceptual approval of the Resolution which certifies the EIR, adopts the Findings and Statements of Overriding Consideration, adopts the Mitigation Monitoring/Reporting Program, approves the Specific Plan, General Plan Amendment and Development Agreement. The motion also included a continuance until March 22, 1993 for final action, after recommended changes had been completed. The project proponents have met/talked with staff several times (including this morning), since the February 1, 1993 Council meeting to address the pending items. At this time all of staff's concerns have been addressed in a satisfactory manner as follows, and per the attached. Conditions of Approval, Revised 2/15/93. Condition Nos. 9, 10 and 17 have been revised to incorporate the applicants' concerns. Condition No. 22 has been added to exclude other than single family detached in the Specific Plan. Resolution, Revised 2/15/93. The resolution has been revised (pages 3 and 4) to include today's Mayor and Common Council date. Development Agreement, Revised 2/12/93. Agreement has been revised to address Specifically, language has been added to and 11. 7 . The Development staff's concerns. Sections 1.8, 11.1 The applicant has agreed to complete all of the "clean-up" items in the Specific Plan as outlined in the Conditions of Approval. The applicant will return with a final copy of the Specific Plan within 60 days of approval. Staff will review and accept the final document within 30 days of receipt. At that time, the applicant will submit a camera-ready copy of the Specific Plan and staff will hUU, ?'7~~ $ y-/ - t7 z-/~/9 :5 I t? 7--2-/73 ?!iF? . . Paradise Hills February 15, 1993 Page 2 distribute copies as appropriate. If any inconsistencies are noted, staff will return to the Mayor and Common Council for clarification/resolution. As a result of the meetings and discussions, a substitute motion is presented for your consideration. Recommended Substitute Motion: That the hearing be closed and the resolution be adopted which certifies the EIR, adopts the Findings and Statements of Overriding Consideration, adopts the Mitigation Monitoring/Reporting Program, approves the Specific Plan, General Plan Amendment and Development Agreement and that the applicant submit a final Specific Plan document in 60 days in compliance with all of the Conditions of Approval for review and approval by the Director of Planning and Building Services. . . EXHIBIT "B" REVISED 2-15-93 CONDITIONS OF APPROVAL The following changes shall be made to the Specific Plan Text: 1. The phasing of parks, trails, open space, and fuel modification, and responsibility for maintenance shall be illustrated in the tabular format shown in Attachment "0" of this staff report and included in the implementation section of the Specific Plan. The information in the table shall be revised to reflect the responsible party for maintenance of the open space and fuel modification areas as determined by the Planning Commission. 2. The implementation section shall be revised to require that slope stability and landslide potential be addressed in all subsequent geology studies addressing any portion of the project site. 3. The Specific Plan shall be revised to remove all references to mountain biking and biking trails. 4. The implementation section shall be revised to specify that the developer shall notify a new owner of any subdivision lots located within 500 feet of the San Bernardino Valley Water District pipeline, at the time of the purchase agreement and at the close of escrow of the location, size, and type of the San Bernardino Valley Water District pipeline. s. The implementation section shall specify the exclusion of Planning Area 8 from the Specific Plan until such time that LAFCO has approved the developers annexation request for Planning Area 8, and said area is annexed into the City of San Bernardino. 6. The developer shall negotiate the location of the helipad with the forestry service and submit a letter of agreement between the Forest Service, Fontana Corners III and any other involved party. I f said hel ipad is to be located within the city Limits of San Bernardino, it must comply with all requirements of the city's Development Code and General Plan, including the submittal and approval of a Conditional Permit. The precise design and location of the helipad must be environmentally reviewed and approved prior to recordation of the first tract map that creates buildable homesites in the Hillside Residential (HR) area of the Specific Plan. . . Exhibit "B" contiued REVISED 2-15-93 7. The applicant shall revise the text and exhibits to be in conformance with the adopted alternative and all other changes adopted by the City Council. A screencheck of the revised document shall be submitted to the Planning Department within 30 days of approval of the Specific Plan application. The screencheck shall be reviewed by City staff for accuracy in terms of form and content of the changes specified in the adopting resolution. 8. The implementation section shall be revised to specify that in the event the Specific Plan, or any project associated with the Specific Plan, is legally challenged, the City will promptly notify the applicant of any claim or action and will cooperated fully in the defense of the matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City, its officers, agents and employees from any claim, action, or proceeding against the City of San Bernardino. The applicant further agrees to reimburse the City of any costs and attorneys' fees with the City may be required by a court to pay as a result of any such action, but such participation shall not relieve the applicant of his or her obligation under this condition. 9. The implementation section shall be revised requiring the submittal of a master tract map, prior to or concurrently with the submittal of the first tentative tract map to create homes within the Specific Plan. The text shall specify that the master tract map delineate each of the approved planning areas as a numbered lot, and the open space as lettered lots. The master tract shall require the concurrent submittal of a Conditional Use Permit. The Conditional Use Permit will determine the number of allowable units available for transfer from the open space areas consistent with the number of allowable units available for transfer as established bv the 5Decific Plan, and establish a pool of these units upon which future developments involving density transfers can draw. The text shall also specify the use of the master tract map and file for keeping track of the transfer of units from the pool. 10. The implementation section shall be revised to include provisions stating that wherever the Specific Plan is silent any particular issue, the Development eeae Aareement requirements regarding that issue shall govern. 11. The first paragraph of section 1.1 on page 2 of the Specific Plan shall be revised to read: "The Paradise Hills Specific Plan conforms to the form and content of Specific Plans as required by the city of San Bernardino as set forth in ChaDter 19.64 of the DeveloDment Code." . . Exhibit "B" continued REVISED 2-15-93 12. Principal Objective number 1 under section 2.3, Market and Development Considerations, page 21 of the Specific Plan shall be revised as follows: "Prepare a development proposal that conforms to the goals and policies of the City of San Bernardino General Plan." 13. The Specific Plan text shall be revised to change references to the Draft Development Code of the city of Bernardino to the Development Code of the City of Bernardino. all San San 14. Exhibit 14 on page 42, the Paradise Drive cross-section shall be revised to delete the grasscrete section adjacent to Paradise Drive. 15. Exhibit 34, on page 87, the roadway design superimposed on the geological constraint map shall be revised to show the roadway design ultimately approved or deleted from the exhibit altogether. 16. section 6.1, Water Plan, shall be revised to include requirements that any water reservoirs constructed to serve the project be painted in a color to match the natural hillside surrounding and be screened from view with native trees and vegetation, per the request of USFS. 17. The Specific Plan Chapters dealing with open space and fuel modification shall be revised to include ~ a discussion of who will be responsible for ownership and maintenance of the open space and fuel modification areas. eRee the meehaRism fer e~Reraftip aRa maiA~eftaRee af thcoe areas is actermiaca BY t.he Uayer aRa CammeR CS1:1fleil. 18. All references to City review of architectural design through Precise Plans of Design in section 9.0, page 138 of the Specific Plan shall be deleted and reference made to the city's Development Permit application process as specified in Chapter 19.44 of the Development Code, and to the City's Threshold of Review, Table 31.01 in the Development Code. 19. The maintenance of all fuel modification zones and open space shall be addressed in the implantation section of the Specific Plan. 20. The Circulation Plan contained in the Specific Plan shall be revised to be consistent with Alternative 4, as described in the Final EIR. . . Exhibit "B" continued REVI:SED 2-15-93 21. The implementation section of the Specific Plan and the Mitigation Monitoring and Reporting Program shall be revised to include the requirements for the additional biological surveys. 22. The Soecific Plan shall be revised to oermit sinqle-familv detached units onl v. in both the Foothill Residential and Hillside Residential areas. CITY OF SAN BEIARDINO - REQUEST OR COUNCIL ACTION Paradise Hills Specific Plan From: Al Boughey, Director Subject: (Specific Plan 90-03 , General Plan Amendment 91-07 and Development Dept: Planning & Building Services Agreement 91-03) M.. jr and Cc 77ion Council Mee'_ing C°afi December iS , 1992 February 1 , 1993 Synopsis of Previous Council action: None. Recommended motion: , That the hearing be closed and the resolution be adopted, in concept, that certifies the EIR, adopts the Findings and Statement of Overriding Considerations, adopts Mitigation Monitoring/Reporting Program, approves the Specific Plan and General Plan Amendment and also the resolution be adopted, in concept, that approves the Development Agreement and the item be continued to February 15, 1993 for final action, pending completion of revisions. Arp/l/Z'1111/�'�'//�" Signature Al Boug Contact person: Al Boughey Phone: 384-5357 Supporting data attached: Staff Report, Resolution Ward: 5 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct No.) (Acct. Description) Finance: Council Notes: 75-0262 Agenda Item No. p 0 Request for Council Action - Staff Report SUBJECT AND REQUEST: Approval of Specific Plan No. 90-03 , General ' Plan Amendment No. 91-07, and Development Agreement No. 91-03 . Mayor and Common Council Meeting of February 1, 1911 PROJECT DESCRIPTION: A brief description of each project has been provided below. A more complete description and analysis of each application can be found in the Planning Commission staff reports, Exhibit "A" . Specific Plan No. 90-03 Specific Plan No. 90-03 (Paradise Hills Specific Plan) will establish the framework for the development of a maximum of 504 single-family homes on 404 acres, a 5 acre public park and approximately 189 acres of open space. The Specific Plan is a general policy document that will further refine and implement the General Plan Policies applicable to the project area. The Specific Plan does this by establishing goals, objectives, policies, and standards which form the framework for the orderly development of the project site. The Plan includes provisions, standards and policies for access and circulation, land use and unit density transfer, public safety and public services, parks and open space, landscaping, and community design. General Plan Amendment No. 91-07 General Plan Amendment No. 91-07 affects approximately 110 acres of the project site located outside of the General Plan Hillside Management Overlay District (HMOD) . The amendment would change the present RL, Residential Low General Plan land use designation of the 110 acres to the RS, Residential Suburban General Plan designation. The RS General Plan designation would permit a smaller minimum lot size (7, 200 square feet) and a greater density (4 .5 units per acre) than the RL General Plan designation (10, 800 square feet minimum lot size and 3 . 1 units per acre density) . The purpose of the General Plan Amendment is to create a receiving area within the limits of the project site to accept the transfer of residential units from the HR, Hillside Residential areas of the Specific Plan. The benefit of creating such a receiving area is that potentially fewer residential units will be built in the steeper, more environmentally sensitive hillside areas of the project site. Development Agreement No. 91-03 Development Agreement No. 91-03 would help implement the Paradise Hills Specific Plan. Paradise Hills Specific Plan MCC 2-1-93 Page 2 KEY ISSIIES: The foiiowing key issues have been identified by topic: SPECIFIC PLAN ISSIIES o The Specific Plan does not address the maintenance of the fuel modification and open space areas. The issues regarding the maintenance of the open space and fuel modification areas reduce down to a single issue of liability leaving only two options; (1) establishment of a Homeowner's Association, or (2) establishment of an assessment district. Staff recommends Option No. 2, the establishment of an assessment district. The applicant concurs. The Conditions of Approval recommended by the Planning Commission have been revised to include a condition requiring the applicant to revise the Specific Plan to address the maintenance of the fuel modification and open space areas through the establishment of an assessment district. o The City Fire Department has raised concern over the Circulation Plan contained in the Specific Plan. As a result, Alternative 4, described on page 3 of the Final Environmental Impact Report (Exhibit "F") , was proposed. The Fire Department, staff, and the Planning Commission have all recommended Alternative 4 as the preferred project circulation plan. A Condition of Approval has been added to the list of Conditions recommended by the Planning Commission at the November 17, 1992 Planning Commission Meeting to revise the Specific Plan Circulation Plan to be consistent with that proposed by Alternative 4. The Applicant concurs. DEVELOPMENT AGREEMENT ISSIIES o The Development Agreement contains language which appears to vest the project to 504 units. Site geologic/seismic constraints or other environmental factors could ultimately result in unbuildable areas. A vested right to a specific number of units coupled with large unbuildable areas could place the City in a situation where it would be forced to honor the agreement and violate the General Plan density policies, or honor the General Plan density policies and violate the agreement. I 0 Paradise Hills Specific Plan MCC 2-1-93 Page 3 o Concern has ueen exrressed over the benefits affordec the Developer under the Development Agreement in comparison to the benefits the agreement would afford the City. Some examples of the provisions provided in the agreement to benefit the Developer include: Section 10.1, page 5 - Provisions that restrict the City from enacting any ordinances or policies in conflict with the Development Agreement or Specific Plan. This includes any new General Plan Policies. Section 10.2 , page 5 - Provisions that restrict the City from enacting any moratoriums which would affect the project. Section 11.5, page 6 - Provisions that give the developer access to Mello-Roos Community Facility District (CFD) bonding mechanisms and other bonding mechanisms to fund public improvements. Under the Development Agreement the City would have no choice in assisting the developer in obtaining bonding under the developer's choice of bonding mechanisms. Section 11.7, page 7 - Provisions that exempt development under the Specific Plan and Development Agreement from any future fees established. As an example, if the City were to establish a City-wide solid waste fee for new development in order to fund the construction of new recycling facilities, any new application submitted under the Specific Plan and Development Agreement would be exempt from the fee. Other new development applications in the City not part of the Specific Plan would be required to pay the fee. Section 11.9, Page 7 - Provisions which require the City to enter into a reimbursement agreement with the developer to reimburse them for public facilities constructed by the developer that benefit other properties as well as the property governed by the Specific Plan. This includes any or all of the facilities listed by the developers as benefits to the City in Section 3 . 1 of the Development Agreement. Benefits to the City occur as a result of the project and would likely occur regardless of whether or not the City enters into an agreement with the Developer. The Mayor and Common Council should consider these factors in Paradise Hills Specific Plan MCC 2-1-93 Page 4 determining whether or not to approve the Development Agreement. o The acquisition and construction of Pepper-Linden Drive by the applicant has been discussed in several meetings between the applicant and staff. While the Environmental Impact Report has determined that Pepper-Linden is not necessary for access to the project, its acquisition and construction would alleviate some of the area circulation concerns. This would benefit the City and should be included as a provision in the Development Agreement (See Exhibit "H") . ENVIRONMENTAL ISSUES o Concern has been raised regarding the adequacy of the Biological Assessment portions of the Environmental Impact Report (EIR) . Specifically, the methodologies used by the Biological Consultant in conducting plant and wildlife surveys of the site have been questioned by the California Department of Fish and Game, and others. To mitigate the concerns, the Planning Commission recommended certification of the EIR subject to the Condition that additional survey work related to biological impacts, be conducted in compliance with established California Environmental Quality Act (CEQA) guidelines, and California Department of Fish and Game (CDFG) guidelines prior to the approval of any phase of development. A Condition of Approval has been added to the list of Conditions recommended by the Planning Commission requiring that this be incorporated into the Mitigation Monitoring/Reporting Program. ENVIRONMENTAL DETERMINATION A brief history of the environmental process prior to hearing of the project by the Planning Commission can be found in the May 5, 1992 Planning Commission staff report included in Exhibit "A" . The Environmental Impact Report identifies four impacts which remain significant as a result of Specific Plan implementation. They are regional air quality, biological resources, area jobs/housing balance (population) and solid waste. The City cannot approve the project given the significant impacts identified by the EIR unless it makes one or more written findings and prepares Statements of Overriding Consideration for each of the significant effects. The Statements of Overriding Consideration reviewed and recommended by the Planning Commission have been included in the attached Resolution, Exhibit "I" . . Paradise Hills Specific Plan MCC 2-1-93 Page 5 As mentioned in the previous section, the adequacy of the Biological Assessment contained in the Environmental Impact Report, and the research/survey methodologies have been questioned by the California Department of Fish and Game (CDFG) and others (See the CDFG response letters of July 30, 1992 and September 4, 1992, Exhibit "G-1") . The project biological consultant's (Pacific Southwest Biological Services) response dated September 1, 1992 is also included in Exhibit "G-1" . To resolve the apparent "differences of opinion" between the CDFG and the project biological consultant, the City retained the services of Tom Leslie, of John Minch and Associates. The conclusions of Mr. Leslie's review can be found in his letters dated November 13 , 1992 and December 9 , 1992 , and are included in Exhibit 11G-111 . On November 17, 1992, the Planning Commission found the Environmental Impact Report adequate, and recommended certification, subject to the condition that additional survey work related to biological impacts be required prior to the approval of an phase of development, in compliance with established CEQA and CDFG Guidelines for Biological Mitigation. MAYOR AND COUNCIL OPTIONS: A Resolution has been prepared and is included as Exhibit "A" for the approval of Specific Plan No. 90- 03, General Plan Amendment No. 91-07, and Development Agreement No. 91-03 . The Mayor and Common Council may: 1. Certify the Environmental Impact Report, subject to the Planning Commissions recommendation, and adopt the Resolution approving Specific Plan No. 90-03, and General Plan Amendment No. 91-07, and adopt the Resolution approving Development Agreement No. 91-03 ; (Supports Planning Commission's recommendation) . 2 . Approve Specific Plan No. 90-03, General Plan Amendment No. 91-07, and Development Agreement No. 91-03 in concept, and require revision to any of the three applications as deemed necessary by the Council, and continue the projects for 90 days to make the necessary revisions; or 3 . Deny Specific Plan No. 91-03, General Plan Amendment No. 91-07, and/or Development Agreement No. 91-03 . PLANNING COMMISSION RECONtMENDATION: The Planning Commission recommended that the Mayor and Council: (1) certify the EIR, subject to the condition that additional biological survey work be completed for the entire site prior to the approval of any phase of 0 Paradise Hills Specific Plan MCC 2-1-93 Page 6 development; (2) approve Specific Plan No. 90-03 and General Plan Amendment No. 91-07 ; and (3) approve Development Agreement No. 91- 03 in concept and require the applicant to revise the Development Agreement to make clear that the 504 units are a theoretical maximum, and to include the acquisition and construction of Pepper- Linden as previously discussed with the applicant. STAFF RECOMMENDATION: Staff recommends that the Mayor and Common Council: 1. Adopt in concept the resolution which: A. Certifies the Environmental Impact Report, subject to the condition that additional mitigation including additional survey work related to biological impacts, as outlined in Appendix G of the Final EIR, be required for the entire project site prior to the approval of any phase of development, pursuant to and in compliance with established CEQA Guidelines, and established CDFG Guidelines for Biological Mitigation. B. Adopts the Environmental Findings for the Statement of Overriding Consideration. C. Adopts the Mitigation Monitoring and Reporting Program. D. Approves Specific Plan No. 90-03 and General Plan Amendment No. 91-07, with the requirement that revisions to the Specific Plan be made to include the Conditions of Approval contained in Exhibit "Bn; 2 . Adopt in concept the Resolution which approves Development Agreement No. 91-03, with the requirement that the applicant revise the Development Agreement to clarify that the 504 units are a theoretical maximum, and to include the acquisition and construction of Pepper- Linden as previously discussed with the applicant. 5. Continue the items until February 15, 1993, so that the revisions can be made to the Specific Plan and Development Agreement for Final Approval. 4 Paradise Hills Specific Plan MCC 2-1-93 Page 7 Exhibits: A - Planning Commission Staff Reports* 1. May 5, 1992 2. July 7, 1992 3 . August 4, 1992 4 . October 6, 1992 5. November 17, 1992 B - Planning Commission Conditions of Approval C - Paradise Hills Specific Plan (July 1991 with revisions. * D - Draft Environmental Impact Report (July 1991) * E - Draft Environmental Impact Report Technical Appendices (July 1991) * F - Final Environmental Impact Report* o Mitigation Monitoring and Reporting Program G - Appendix G to Final Environmental Impact Report* G-1 - Biology Correspondence* 1. July 13, 1992 letter from Pacific Southwest Biological Services (PSBS) 2 . CDFG July 30, 1992 letter 3 . September 1, 1992 letter from PSBS 4 . CDFG September 4, 1992 letter 5. November 13 , 1992 letter from John Minch & Associates (JMA) 6. December 9, 1992, letter from JMA H - Department of Public Works Memorandum Regarding Pepper-Linden Drive* I - Resolution for the Certification of the EIR, Adoption of the Statements of Overriding Consideration and Mitigation Monitoring/Reporting Program, and the approval of Specific Plan No. 90-03 , General Plan Amendment No. 91-07, and Development Agreement No. 91-03 * Note: These Exhibits were distributed to the Mayor and Common Council under separate cover. 0 EXHIBIT "B" CONDITIONS OF APPROVAL The following changes shall be made to the .peci13_c Plan Text . 1. The phasing of parks, trails, open space, and fuel modification, and responsibility for maintenance shall be illustrated in the tabular format shown in Attachment "D" of this staff report and included in the implementation section of the Specific Plan. The information in the table shall be revised to reflect the responsible party for maintenance of the open space and fuel modification areas as determined by the Planning Commission. 2 . The implementation section shall be revised to require that ,. slope stability and landslide potential be addressed in all subsequent geology studies addressing any portion of the project site. 3 . The Specific Plan shall be revised to remove all references to mountain biking and biking trails. 4. The implementation section shall be revised to specify that the developer shall notify a new owner of any subdivision lots located within 500 feet of the San Bernardino Valley Water District pipeline, at the time of the purchase agreement and at the close of escrow of the location, size, and type of the San Bernardino Valley Water District pipeline. 5. The implementation section shall specify the exclusion of Planning Area 8 from the Specific Plan until such time that LAFCO has approved the developers annexation request for Planning Area 8, and said area is annexed into the City of San Bernardino. 6. The developer shall negotiate the location of the helipad with the forestry service and, submit a letter of agreement between the Forest Service, Fontana Corners III and any other involved party. If said helipad is to be located within the City Limits of San Bernardino, it must comply with all requirements of the City's Development Code and General Plan, including the submittal and approval of a Conditional Permit. The precise design and location of the helipad must be environmentally reviewed and approved prior to recordation of the first tract map that creates buildable homesites in the Hillside Residential (HR) area of the Specific Plan. 7. The applicant shall revise the text and exhibits to be in conformance with the adopted alternative and all other changes adopted by the City Council. A screencheck of the revised document shall be submitted to the Planning Department within 30 days of approval of the Specific Plan application. The screencheck shall be reviewed by City staff for accuracy in 0 terms of form and content of the changes specified in the adopting resolution. 8 . The implementation section shall be revised to specify that in the event the Specific Plan, or any project associated with the Specific Plan, is legally challenged, the City will promptly notify the applicant of any claim or action and will cooperated fully in the defense of the matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City, its officers, agents and employees from any claim, action, or proceeding against the City of San Bernardino. The applicant further agrees to reimburse the City of any costs and attorneys' fees with the City may be required by a court to pay as a result of any such action, but such participation shall not relieve the applicant of his or her obligation under this condition. 9. The implementation section shall be revised requiring the submittal of a master tract map, prior to or concurrently with the submittal of the first tentative tract map to create homes within the Specific Plan. The text shall specify that the master tract map delineate each of the approved planning areas as a numbered lot, and the open space as lettered lots. The master tract shall require the concurrent submittal of a Conditional Use Permit. The Conditional Use Permit will determine the number of allowable units available for transfer from the open space areas, and establish a pool of these units upon which future developments involving density transfers can draw. The text shall also specify the use of the master tract map and file for keeping track of the transfer of units from the pool. 10. The implementation section shall be revised to include provisions stating that wherever the Specific Plan is silent any particular issue, the Development Code requirements regarding that issue shall govern. 11. The first paragraph of Section 1. 1 on page 2 of the Specific Plan shall be revised to read: "The Paradise Hills Specific Plan conforms to the form and content of Specific Plans as required by the City of San Bernardino as set forth in Chapter 19 . 64 of the Development Code. " 12 . Principal Objective number 1 under Section 2 . 3, Market and Development Considerations, page 21 of the Specific Plan shall be revised as follows: "Prepare a development proposal that conforms to the goals and policies of the City of San Bernardino General Plan. " 13 . The Specific Plan text shall be revised to change all 0 terms of form and content of the changes specified in the adopting resolution. S ,> The implementation section shall be revised to specify that in the event the Specific Plan, or any project associated with the Specific Plan, is legally challenged, the City will promptly notify the applicant of any claim or action and will cooperated fully in the defense of the matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City, its officers, agents and employees from any claim, action, or proceeding against the City of San Bernardino. The applicant further agrees to reimburse the City of any costs and attorneys' fees with the City may be required by a court to pay as a result of any such action, but such participation shall not relieve the applicant of his or her obligation under this condition. 9 . The implementation section shall be revised requiring the submittal of a master tract map, prior to or concurrently with the submittal of the first tentative tract map to create homes within the Specific Plan. The text shall specify that the master tract map delineate each of the approved planning areas as a numbered lot, and the open space as lettered lots. The master tract shall require the concurrent submittal of a Conditional Use Permit. The Conditional Use Permit will determine the number of allowable units available for transfer from the open space areas, and establish a pool of these units upon which future developments involving density transfers can draw. The text shall also specify the use of the master tract map and file for keeping track of the transfer of units from the pool. 10. The implementation section shall be revised to include provisions stating that wherever the Specific Plan is silent any particular issue, the Development Code requirements regarding that issue shall govern. 11. The first paragraph of Section 1. 1 on page 2 of the Specific Plan shall be revised to read: "The Paradise Hills Specific Plan conforms to the form and content of Specific Plans as required by the City of San Bernardino as set forth in Chapter 19 . 64 of the Development Code. " 12 . Principal Objective number 1 under Section 2 . 3, Market and Development Considerations, page 21 of the Specific Plan shall be revised as follows: "Prepare a development proposal -hat conforms to the goals and policies of the City of San Bernardino General Plan. " 13 . The Specific Plan text shall be revised to change all • T references to the Draft Development Code of the City of San Bernardino to the Development Code of the City of San Bernardino. 14. Exhibit 14 on page 42 , the Paradise Drive cross-section shall be revised to delete the grasscrete section adjacent to Paradise Drive. 15. Exhibit 34, on page 87, the roadway design superimposed on the geological constraint map shall be revised to show the roadway design ultimately approved or deleted from the exhibit altogether. 16. Section 6. 1, Water Plan, shall be revised to include requirements that any water reservoirs constructed to serve the project be painted in a color to match the natural hillside surrounding and be screened from view with native trees and vegetation, per the request of USFS. 17 . The Specific Plan Chapters dealing with open space and fuel modification shall be revised to include the a discussion of who will be responsible for ownership and maintenance of the open space and fuel modification areas,, once the mechanism for ownership and maintenance of these areas is determined by the Mayor and Common Council. 18 . All references to City review of architectural design through Precise Plans of Design in Section 9. 0, page 138 of the Specific Plan shall be deleted and reference made to the City's Development Permit application process as specified in Chapter 19.44 of the Development Code, and to the City's Threshold of Review, Table 31.01 in the Development Code. 19 . The maintenance of all fuel modification zones and open space shall be addressed in the implantation section of the Specific Plan. . 20. The Circulation Plan contained in the Specific Plan shall be revised to be consistent with Alternative 4, as described in the Final EIR. 21. The implementation section of the Specific Plan and the Mitigation Monitoring and Reporting Program shall be revised to include the requirements for the additional biological surveys.