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CONDITIONS OF APPROVAL MS-01-38 Thomsen Brothers Minor Subdivision Application No. MS-01-38 was approved by the San Joaquin County Community Development Department on December 4, 2001. The effective date of approval is December 14, 2001. This tentative map approval will expire on December 13, 2004, 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: Leanne Mueller,468-3228) a. TENTATIVE MAP: The parcel map shall substantially conform with the approved tentative map dated October 24, 2001. b. LOT SIZE AND WIDTH: (Parcel 2) The following lot size and width regulations shall apply to this map: (1) Parcel 2 shall be between two (2) net acres and five (5) gross acres in size. (Development Title Section 9-610.3[a]) c. LOT SIZE AND WIDTH: (Parcel 1 and Remainder Parcel) The following lot size and width regulations shall apply to this map: (1) Parcel 1 and the Remainder Parcel shall have a minimum lot width of 330 feet, measured at the front yard setback line. (Development Title Section 9-610.4) (2) Parcel 1 and the Remainder Parcel shall have a minimum lot area of 40 acres. (Development Title Section 9-610.2) d. TRANSFER RESTRICTIONIMERGERINONBUILDABLEREMAINDER:(Parcels 1 and 2) 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 2) nor 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 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) Parcel shall remain a nonbuildable site for primary dwelling units. Conditions of Approval - 1 - MS-01-38