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CONDITIONS OF APPROVAL MS-98-13 Emard Minor Subdivision Application No. MS-98-13 was approved by the San Joaquin County Community Development Department on May 27, 1998. The effective date of approval is June 6, 1998. This tentative map approval will expire on June 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: Jim Van Buren, 468-2374) a. LOT SIZE AND WIDTH: The following lot size and width regulations shall apply to this map: (1) Parcel 1 shall have a minimum lot width of 150 feet. (Development Title Section 9- 610.4) (2) Parcel 1 shall be between two net acres and five gross acres in size. (Development Title Section 9-610.3(a]) b. TRANSFER RESTRICTION/MERGER/NONBUILDABLE 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 1) nor the "Remainder' parcel (Parcel 2) 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 "Remainder' parcel (Parcel 2), 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 "Remainder' parcel (Parcel 2) shall remain a nonbuildable 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-acre minimum. (Development Title Section 9-610.3(b)&(c)) C. ACCESS: The following access requirements apply and shall be shown on the Parcel Map: (1) A proposed 25-foot-wide private easement for access to Parcel 2, shall be shown on the Parcel Map. (Development Title Section 9-1150.15) Conditions of Approval - 1 - MS-98-13