ORD 1648 - Laserfiche WebLink

24. The developer shall make a good faith effort in obtaining all necessary approvals (including but not limited to Zone 7, the Army Corps of Engineers, and the Department of Fish & Game) to construct the low-flow crossing and creek trail. 25. The applicant shall provide a cash bond to the City guaranteeing the installation of the low-flow creek crossing and creek trial. The applicant shall provide an itemized cost estimate of said improvements, to be submitted with the cash bond, for the review and approval of the Planning Director prior to issuance of the first building permits. The cash bond shall be returned to the applicant upon completion and acceptance of said improvements by the Planning Director. In the event that the applicant fails to obtain the required approvals, the City may use this money to construct said improvements or construct other public amenities, as the City deems appropriate, to provide the compensation for the project's increased density over the General Plan's holding capacity as determined for the site. 26. Prior to occupancy of Lot #16 and #15 or occupancy of fifty. one (51) percent of the units, which ever occurs first, the mini-park improvements shall be completed and shall be subject to acceptance by the Planning Director as complete. 27. The applicant shall record CC&R's at the time of recordation of the final map which shall create a property owners association for the development. The CC&R's shall be subject to the review and approval of the City Attorney prior to recordation of the final map. The property owners association shall be responsible for the maintenance of all common areas and facilities on the site, including the low-flow crossing, creek trail, and mini-park area. The City shall be granted the rights and remedies of the association, but not the obligation, to enforce the maintenance responsibilities of the property owners association. 28. Prior to final map approval, a detailed maintenance plan and schedule for the common open space improvements shall be submitted to the Planning Director for review and approval. The maintenance plan shall specifically include the requirements to annually monitor the eastern and western creek bank for degradation during winter storms. This plan shall include any permit requirements from the Department of Fish & Game. In addition, the maintenance plan shall include an emergency repair action plan to address emergency repair operations, which may include but is not limited to the formation of a Geologic Hazard Abatement District. This maintenance plan and schedule shall be included as pan of the CC&R's for the project. 29. A public access and use easement shall be placed over the arroyo slope bank and creek areas and over an access corridor across the mini-park connecting the public street to the top of the creek bank. A creek/public trail shall be located in the access corridor. The details of this easement shall be shown on the final map and shall be subject to the review and approval of the City Engineer and the Planning Director. The City shall assume liability for the public's use of these areas in a manner consistent with other public trails and arroyos, subject to the City Attorney's approval. PUD-94-04 City Council Conditions Of Approval - Page 4