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(4) The above restrictions shall terminate if the subject property is reclassified to a non-agricultural <br /> zone or to an agricultural zone with a five(5)acre minimum. (Development Title Section 9- <br /> 610.3(b)&(c)) <br /> e. RIPARIAN HABITAT: Parallel to the Calaveras River and Mosher Creek, a natural open space <br /> area for riparian habitat and waterway protection shall be maintained to provide nesting and <br /> foraging habitat and the protection of waterway quality. The minimum width of said open space <br /> shall be one-hundred (100)feet, measured from the mean high water level of the natural bank or <br /> fifty(50)feet back from the existing riparian habitat, whichever is greater. Water-dependent uses <br /> may be permitted in this buffer. The mean high water level and the edge of the riparian habitat <br /> shall be shown on the Parcel Map. The open space buffer required above shall be shown on the <br /> Parcel Map with the following note: <br /> Pursuant to Section 9-1510.5 of the San Joaquin County Development Title, this area is <br /> designated as a natural open space for riparian habitat and waterway protection. No <br /> development other than water dependent uses shall be permitted in this space. <br /> f. ACCESS: The following access requirements apply and shall be shown on the Parcel Map: <br /> (1) A proposed 25-foot wide private easement for access to Parcel 1 and Parcel 2 shall be shown <br /> on the Parcel Map. <br /> (2) The following note shall be placed on the Parcel Map and also shall be recorded as a separate <br /> instrument: <br /> Prior to the issuance of a non-agricultural building permit on Parcel 2, a private access <br /> roadway and turnarounds from Eight Mile Road shall be constructed in conformance <br /> with fire road standards and applicable San Joaquin County Improvement Standards. <br /> 2. COUNTY COUNSEL <br /> a. HOLD HARMLESS PROVISION: Pursuant to Section 66474.9 of the Government Code, the <br /> subdivider shall defend, indemnify, and hold harmless the local agency or its agents, officers, and <br /> employees from any claim, action, or proceeding against the local agency or its agents, officers, or <br /> employees to attack, set aside, void, or annul an approval of the local agency, advisory agency, <br /> appeal board, or legislative body concerning a subdivision, which action is brought within the time <br /> provided for in Section 66499.37 of the Government Code. <br /> 3. SAN JOAQUIN COUNCIL OF GOVERNMENTS (Staff Contact: Laurel Boyd, (209) 235-0600, see <br /> memo dated October 25, 2017) <br /> a. This project is subject to the San Joaquin County Multi-Species Habitat Conservation and Open <br /> Space Plan (SJMSCP). At the time of development, any structures that require ground <br /> disturbance on this or subsequent divided parcels will be subject to participate in the SJMSCP <br /> and should be resubmitted to the San Joaquin Council of Governments to ensure biological and <br /> mitigation obligations are satisfied. The following note shall be recorded as a Notice of Minor <br /> Subdivision Restriction: <br /> Parcel 1 and Parcel 2 are subject to the San Joaquin County Multi-Species Habitat <br /> Conservation and Open Space Plan (SJMSCP). At the time of development of Parcel 1 <br /> and/or Parcel 2 any structure(s) that require ground disturbance on this or subsequent <br /> divided parcels will be subject to participate in the SJMSCP and development plans <br /> should be submitted to the San Joaquin Council of Governments to ensure biological and <br /> mitigation obligations are satisfied. <br /> PA-1700190 (MS) Revised Conditions of Approval 2 <br />