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power to enforce their provisions if the homeowners <br /> association fails to do so. <br /> <br />11. That a final landscape plan for the development shall be <br /> submitted to the Planning Department for approval prior to <br /> issuance of building permits. <br /> <br />12. That fences shall be required along all side and rear <br /> property lines, that these fences shall be constructed by the <br /> developer/builder, that any gates in these fences shall be a <br /> minimum of 36" in width and that a fencing plan for all of <br /> these fences shall be submitted to the Planning Department <br /> for approval prior to issuance of a building permit. <br /> <br />13. That the raised curbs and planting in the centers of the two <br /> private drive cul-de-sacs be deleted. <br /> <br />14. That the developer pay for a portion of the cost of providing <br /> crossing protection at the Mohr Avenue crossing of the <br /> Southern Pacific branch line. The amount of this payment <br /> shall be determined by the City Engineer prior to the <br /> approval of the first tentative map for this development. <br /> <br />15. That prior to approval of any final map on the subject <br /> property, a method, acceptable to the City Engineer and City <br /> Attorney for maintaining all private streets and the <br /> landscape strip along Mohr Avenue shall be established. <br /> <br />16. That the developers shall enter into an agreement with the <br /> City to participate in the funding and construction of an <br /> area-wide sanitary sewer project, and a storm drainage <br /> project if deemed necessary by the City Engineer. The extent <br /> of this participation shall be determined prior to the <br /> approval of the tentative map. The agreement shall be <br /> executed by the developer prior to Council approval of any <br /> final subdivision for this development. <br /> <br />17. That the street frontage improvements and the pedestrian <br /> walkway along Mohr Avenue be extended westerly to connect <br /> with the existing street frontage improvements and the <br /> pedestrian walkway west of the Southern Pacific right-of-way <br /> to the satisfaction of the City Engineer. <br /> <br />18. That the development shall be subject to all Standard <br /> Conditions of Development, attached hereto and made part of <br /> this case by reference except conditions 2, 3, 4, 5, 6, 11, <br /> 12, 13, 14, 20, 21, 22, 23, 25, 26, 27, 29 and 31. <br /> <br />19. That DeVor Nurseries, Inc. use of the Phase 2 site shall not <br /> be considered a nonconforming use and that alteration, <br /> expansion and rebuilding of the nursery operation may take <br /> place on that site as long as it is used for nursery <br /> purposes. <br /> <br />/// <br /> <br /> <br />