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CONDITIONS OF APPROVAL MS-98-18 Rai Minor Subdivision Application No. MS-98-18 was approved by the San Joaquin County Community Development Department on June 26, 1998. The effective date of approval is July 6, 1998. This tentative map approval will expire on July 5, 2001, which is three years from the effective date of approval, unless (1) all Conditions of Approval have been complied with and (2) a Parcel Map has been filed with and accepted by the County Surveyor. Unless otherwise specified, all Conditions of Approval and Ordinance requirements shall be fulfilled prior to approval of the Parcel Map. Those Conditions followed by a Section Number have been identified as Ordinance requirements pertinent to this application. Ordinance requirements cannot be modified, and other Ordinance requirements may apply. 1. COMMUNITY DEVELOPMENT DEPARTMENT (Staff Contact: Kai Luoma, 468-9567) a. LOT SIZE AND WIDTH: The following lot size and width regulations shall apply to this map: (1) Parcel 3 shall be between two (2) net acres and five (5) gross acres in size. (Development Title Section 9-610.3[b]) b. TRANSFER RES TRICTION/M ERGER/NONBU ILDABLE REMAINDER: A Note shall be placed on the Parcel Map and a Notice of Minor Subdivision Restriction shall be recorded concurrently with the Parcel Map, with a reference to the instrument number of said recorded notice,stating that: (1) Neither the homesite parcel (Parcel 3) or the "Designated Remainder' parcel (Parcel 1) may be voluntarily transferred separately from the other parcel; however, if an institutional lender forecloses on either parcel, either parcel may be transferred separately in accordance with the power of sale provisions contained in the deed of trust. (2) Upon repayment of the loan, the owner of the homesite parcel shall merge the homesite parcel with the "Designated Remainder" parcel (Parcel 1), as provided for in the Development Title, unless the owner of the homesite parcel acquired the homesite parcel through a foreclosure action, or unless the owner refinances the loan. (3) The "Designated Remainder' parcel (Parcel 1) shall remain a non-buildable site for primary dwelling units. (4) The above restrictions shall terminate if the subject property is reclassified to a non- agricultural zone or to an agricultural zone with a five (5) acre minimum. (Development Title Section 9-610.3(b)&(c)) 2. COUNTY COUNSEL a. HOLD HARMLESS PROVISION: Pursuant to Section 66474.9 of the Government Code, the subdivider shall defend, indemnify, and hold harmless the local agency or its agents, officers, and employees from any claim, action, or proceeding against the local agency or its agents, officers, or employees to attack, set aside, void, or annul an approval of the local agency, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time provided for in Section 66499.37 of the Government Code. Conditions of Approval - 1 - MS-98-18