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BACKGROUND Tract 7706 is a residential subdivision proposed by Kimberly Commons Inc. The property is located west of Peters Avenue and south of St. John Street at the junction of Peters Avenue and St. John Street, as shown on the attached vicinity map. On September 20, 2005, City Council approved PUD-37, an application by Ron and Kim Winter to subdivide one parcel, located at 520 St. John Street, into five lots for the construction of four single family detached homes, and duet units on the fifth lot. On December 14, 2005, the Planning Commission approved an application by Ron and Kim Winter for Vesting Tentative Map, Tract 7706, to subdivide the subject property. The Engineering staff, Planning staff, and the City Attorney's Office have reviewed the Final Map, Improvement Plans, and other legal documents for Tract 7706. The developer has prepared the required disclosure deeds and CC&R's. All submittals are in substantial conformance with the PUD and Tentative Map approvals. Development fees have been paid, and the signed Subdivision Agreement has been submitted. DISCUSSION Proposed Improvements The proposed subdivision and the improvements are compatible with the objectives, polices, Land uses and programs specified in the General Plan and the Downtown Specific Plan. The site is relatively flat and is an infill lot in the Downtown Specific Plan area. The Downtown Specific Plan land use designation for this lot is High Density Residential. The project was rezoned to PUD-HDR to provide consistent land use designations for the approved development plan. The development proposes six private driveways. All these driveways will be maintained by the individual property owners and will provide access to carports. The storm drain system, the sanitary sewer system, and the water systems serving this project, will be maintained and operated by the City, except that the storm drains and the retaining walls within the private lots and private driveways will be the responsibility of the property owner and maintenance association. The area to be maintained by the maintenance association is shown on Attachment 2 as Landscape Maintenance Area, which includes, but is not limited to, a retaining wall at the western and southern tract boundary, front yard landscaping and the storm drain system within the front yards. Bio Swales The developer has proposed bio swales on each lot to treat storm water low flow, as required by the Alameda County Clean Water Program ar~d State Water Board. The developer's soils engineer and City staff have reviewed the proposal and found it to be in substantial conformance with the current Clean Water Program requirements. It will be the maintenance association's responsibility to maintain these bio swale areas and Page 2 of 3