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If the proposed modification is not supported or approved by the City Council, the previous approvals remain intact, providing the applicant with the continued opportunity to construct the project under those original conditions and approvals. 5. Landscapin4 in the Common Area The Planning Commission listened to the testimony and requested that staff return with additional information regarding the proposed landscaping in the common and private areas of the development. They wished for clarification as to how other projects have handled common landscape areas that are maintained by a homeowners/maintenance association or by maintenance agreement. There are two areas that were discussed at the previous hearing. The first area is comprised of the open space area near Lots 1-5 fronting on Old Vineyard Trail. Condition No. 13 of Tentative Vesting Map 7399 states " The landscape plan included in PUD-5 shall be modified to incorporate shrubs to be planted on the downhill side of the retaining wall behind Lots 1-5. These shrubs shall be native type, drought-tolerant species which are compatible with the wildfire management scheme contained in the Draft Open Space Management Plan and Wildland Fire Protection Plan, dated November 8, 2002. Final selection of the species, their number and sizes at planting, shall be subject to the review and approval of the Planning Director; the planting shall be sufficient in number to screen the wall and are anticipated to be accomplished with a mix of five gallon and one gallon sized shrubs." Typically, the City will accept these improvements along with all other improvements, such as roads and/or utilities that are installed. The acceptance of these facilities may occur after the last lot is built. This typical scenario has created some concern for adjacent neighbors in that it is conceivable that the area may not be planted or maintained until all ten lots are sold and homes constructed there, leaving the potential for an unimproved, unattractive area in the Vineyard Avenue Corridor. To ensure that the landscaping is installed prior to the occupancy of any homes, staff recommends that this condition be modified to require that installation of common area landscaping be completed and accepted by staff prior to the sale of the first lot. The second area of concern is related to the private area on Lots 6-10. A two-tier retaining wall is proposed to be constructed on Lots 6-10 in the rear yards of those private lots. This wall would be constructed with the subdivision improvements, prior to sale of the individual lots. Given the topography of the lots, these retaining walls would be temporarily visible from rights-of-way prior to the construction of each custom home. While it is certainly within the discretion of the Planning Commission and City Council to require that landscaping be placed at the completion of the construction of these private Case No. PUD-OS-02M I I Planning Commission