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Upon their acceptance, the streetlights, the storm drain systems, and the sanitary sewer and the water systems within the public streets and EVA road serving this project will be maintained and operated by the City. The EVA road and Parcel "A" and Parcel "B", the open space parcels, will be maintained by the homeowners' association. Bio Retention Pond The developer has proposed a bio retention pond to treat storm water flow, as required by the Alameda County Clean Water Program and 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 the bio-retention pond. The bio- retention pond lot has been shown on the Final Map to prevent future improvements or changes. 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, section 66474.1). A Final Map shall 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, section 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: Fiscal Review: Approv by: ~~~\~, Rob Wilson David P. Culver Nelson Fialho Director of Public Works Director of Finance City Manager Attachments:. 1. Vicinity Map Page 3 of 3