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Additionally, KCB has requested deferral of development impact, water and sanitary sewer connection, and Vineyard Specific Plan fees until final inspection of the proposed new homes or connection of the existing home to the City water system. Bio Swales The developer proposes to utilize bio treatment areas, one on each of the 10 single family lots, located behind the curb in bio swale easements. The storm water treatment areas are sized for treating storm water runoff resulting from a two-year, 24-hour storm, per the City's current storm water NPDES permit requirement. The property owners will be responsible for maintaining the storm water treatment area on their property; however, the Homeowners'Association has rights to maintain the treatment areas if not maintained properly by the individual property owner. The project's Homeowners'Association will be responsible for preparing and submitting annual reports as required in the Storm Water Operation and Maintenance agreement. Homeowners' Association (HOA) Maintenance Area Attachment 3 shows the HOA maintained areas previously created for Tract 7399, Silver Oaks Estates. Tract 7660 will be annexed in to the existing HOA for Tract 7399, as was anticipated and is allowed by the recorded Conditions Covenants and Restrictions (CC&R). The HOA will be responsible for restoration of the enhanced decorative paving after maintenance of public utilities by the City. Discretion to Deny the Final Map A local agency may not disapprove a Final map if it has previously approved a Tentative Map for the proposed subdivision, and if it finds that the Final Map is in substantial compliance with the previously approved Tentative Map (Government Code §66474.1). A Final Map can be disapproved only for failure to meet conditions that were applicable at the time the Tentative Map was approved. If the Final Map is disapproved, there must be a finding identifying the conditions, which were not met (Government Code §66473). The approval of a Final Map, when the Final Map substantially complies with the previously approved Tentative Map, is a mandatory, ministerial act. Staff has reviewed the conditions of approval of the Tentative Map, and finds that all conditions have been satisfied and that the Final Map complies with the Tentative Map. Submitted by: Fis eview: Approved by: it Stephen Kirk Patrick Tina Olson Nelson Fialho Acting Director of Director of Finance City Manager Community Development Attachments: 1. Vicinity Map 2. Agreement for Final Map Approval Without Improvement Agreement or Bonds 3. Diagram showing areas to be maintained by the HOA Page 4 of 4