PC-92-95 - Laserfiche WebLink

Resolution No. PC-92-95 Page 7 8. The developer shall grant to the city a conservation easement over those portions of the site which have been determined by the Planning commission to be non-buildable. This easement shall indicate that no additional development is permitted on these non-buildable hillside portions of the property until such time as the developer, or his successors inherent, can indicate to the satisfaction of the City through further geotechnical and geologic reports that the ancient landslide is stable, and that development of this portion of the site would meet the city's "Acceptable Risk" policy. Should the city approve this portiones) of the site for development, the city shall release the area(s) from the conservation easement and the right of pedestrian/equestrian trail access easement over the area(s) given to the residents of Oak Tree Farm. 9. Should any future geologic/geotechnical studies, or further studies prepared for the development of the non-buildable hillside portiones) of the site present additional information not addressed or presented in the Supplemental Environmental Impact Report for this project, the City shall require further environmental review pursuant to CEQA. Additionally, should any proposed new development not conform substantially to the approved PUD, the city may require an application for a modified PUD. 10. The developer, on behalf of himself and its successors inherent, shall enter into an agreement to hold harmless, defend and indemnify the city, its officers and employees from any cause of action or claim for damage to or injury caused by, the roadways, drainage systems, sewer systems or for expenses and damages resulting from their maintenance and upkeep, or caused by the party with whom the developer contracted for maintenance services. The CC&Rs shall make each homeowner responsible, by way of assessments, for costs related to responsibilities provided for in this condition; and, prior to approval of the final map, the developer shall enter into an agreement which, in the view of the City Attorney, protects the city from landslide and subsidence claims which may arise as a result of building this project on a hillside location. Geology, Soils, Grading and Drainage 11. Final treatment of landslide areas upslope of any lots shall be SUbject to the recommendations made by the Stability Analvses of Recent Landslides (Terrasearch, Inc., July 13, 1992), and the review and approval of the City's reviewing geologist, the City Engineer and the Planning Director. The developer shall be responsible for payment of all reviews and consultations performed by the City's peer reviewing geologist. Any and all repairs and buttressing of active or .. -