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be maintained by the homeowners. The utilities in these private drives are private, with the <br />exception of the 8" water mains and 8" sewer main which are public and will be maintained <br />by the City. The existing 18" storm drain line within lot 7 is public will continue to be <br />maintained by the City. (The Final Map includes all necessary easements to maintain these <br />public facilities.) <br /> <br />The Engineering staff, Planning staff, and the City Attorney's Office have reviewed the Final <br />Map, Improvement Plans, and other legal documents for Tract 5904. The developer has <br />prepared the CC&R's for the maintenance association. All submittals are in substantial <br />conformance with conditions of the approved PUD map, including a letter of credit securing <br />the completion of required improvements. <br /> <br />DISCRETION TO DENY THE FINAL MAP <br /> <br />As a reminder, a local agency may not disapprove a final map if it has previously approved a <br />tentative map for thc proposed subdivision, and if it finds that the final map is in substantial <br />compliance with that previously approved tentative map (Govt. Code Sec. 66474.1). A final <br />map shall be disapproved only for failure to meet conditions that were applicable at the time the <br />tentative map was approved; if the final map is disapproved, there must be a fmding the <br />conditions were not met (Govt. Code Sec. 66473). The approval of a final map is a ministerial <br />act, and is mandatory if the final map substantially complies with the previously approved <br />tentative map. <br /> <br />FISCAL IMPACT <br /> <br />There will be an increase of $3,000 in the annual operating budget when the public <br />improvements for the project are accepted due to increased public roadway and utility <br />maintenance costs. <br /> <br />Respectfully submitted, <br /> <br />Scott R. Baker Nelson Fialho <br />Acting Director of Public Works City Manager <br /> <br />Attachments: Vicinity Map - Exhibit "A" <br /> Subdivision Agreement - Exhibit "B" <br /> <br />SR:05:052 <br />Page 3 of 3 <br /> <br /> <br />