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beenlissued a building permit. The Park shall be completed no later than the time at
<br /> which 80% of dwelling units for the Specific Plan III have been issued building permits.
<br /> Completion time.of.park phases and/or the entire park,may be modified by the MHCSD
<br /> General Manager to reflect construction,weather, budget,or other public interest
<br /> donting6nd'ies ;
<br /> 35. Open Saace=Gorr�dor .,
<br /> A: Ali in-tract Landscaping and utility R/W areas and all other landscape areas within
<br /> Specific Plan Ill hatwere not in the,original Master Plan, the MWCSD Parks, Recreation
<br /> and„Leisure Plan,the TIF or the CFF (January, 2003)as determined by MHCSD,will
<br /> require a.funding mechanism,such as a Lighting and Landscape Maintenance District,
<br /> as determined`by MHCSD General Manager. These areas will require establishment of
<br /> a maintenance,entity or financing mechanism acceptable to MHCSD to provide funding
<br /> for maintenance of, and if necessary, replacement at the end of the useful life of
<br /> improvements including, but not limited to landscaping, pathways, walls, and all
<br /> improvements serving or for the special benefit of this subdivision. The financing
<br /> mechanism shall be completed and adopted by the Board of Directors prior to the
<br /> approval of the First Final Map.
<br /> B. The design of all Open Space Corridor improvements including paths, alignment,
<br /> standards, signage; fighting, and landscaping shall comply with all Community
<br /> Approvals including applicable provisions of the MHCSD Design Manual, Timing: plans
<br /> shall be reviewed and approved by MHCSD prior to issuance of the first residential
<br /> building permit.
<br /> C. Site furniture, consistent with the common design theme of the neighborhood, shall be
<br /> incorporated into the Improvement Plans for the Open Space Corridor and shall be
<br /> consistent with the MHCSD Design Manual. The site furniture shall be a part of the
<br /> Open Space Corridor design plans and shall be reviewed and approved by the MHCSD.
<br /> Timing: plans shall be reviewed and approved by MHCSD prior to issuance of the first
<br /> residential building permit.
<br /> D. Construction of Open Space Improvements may be completed on a phased basis to
<br /> correspond with the development of neighborhoods, or parcels as determined by
<br /> MHCSD directly adjacent to the facility. Open Space improvements to a specific
<br /> segment shall be completed no later than the time at which 80% of dwelling units for the
<br /> neighborhood, or adjacent parcels, have been issued building permits. Completion time
<br /> may be modified by the MHCSD General Manager to reflect construction, weather,
<br /> budget, or other public interest contingencies,
<br /> E. Masonry Walls, consistent with the MHCSD Design Manual and MHCSD Standards,
<br /> shall be constructed in all locations where residential properties abut Open Space
<br /> Corridor areas. View Fencing or no fencing may be permitted in locations where
<br /> residences face the Open Space Corridor as deemed appropriate by MHCSD. Timing:
<br /> Improvement Plans approved by CDD and MHCSD prior to first residential building
<br /> permit.
<br /> F, All open space areas and proposed pedestrian pathways shall have a minimum width of
<br /> 30'.
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<br /> 1 lil. COUNTY COUNSEL
<br /> l 1. HOLD HARMLESS.PROVISION: Pursuant to Section 66474.9 of the Government Code;the
<br /> subdivider shafi.defend, indemnify, and hold harmless the local agency or its agents, officers;
<br /> and employees from any claim, action, or proceeding against the local agency or its agents,
<br /> officers, or employees to'attack, set aside, void,'or annul an approval of the local agency;
<br /> advisory agency, appeal board, or legislative,body.concerning a subdivision, which action-is
<br /> brought withinthe time'provide.d for in.Section 66499.37 of the Government Code.
<br /> ENVIRONMENTAL HEALTH D'EPARTIVIENT(Staff Contact Ted
<br /> Tasiopoulos, 209-953-7698)
<br /> 1. A qualified environmental professional shall prepare a surface and subsurface contamination
<br /> report, identifying any potential source.of surface or subsurface contamination caused by
<br /> past or current land uses. The report shall include evaluation of non-point source of
<br /> hazardous materials, including agricultural chemical residues, as well as potential paint
<br /> sources, such as fuel storage tanks, septic systems, or chemical storage areas. The report
<br /> shall be submitted to the Environmental Health Department at time of submittal of a tentative
<br /> map (San Joaquin County Development Title, Section 9-905.12).
<br /> A review fee of$190.00 shall be paid at the time of submittal to the Environmental Health
<br /> Department.
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<br /> 2. The Surface and Subsurface Contamination Report dated July 20, 2005 was deemed
<br /> incomplete. Prior to Final Map, an addendum that incorporates the time elapsed from the
<br /> report date to the date of project application shall be submitted to the Environmental Health
<br /> Department and,approved by the Environmental Health Department.
<br /> 3. Written confirmation is required from Mountain House Community Services District that
<br /> improvements have been constructed or financial arrangements have been made for any
<br /> improvements for public sewer required by the agency. In addition, written confirmation from
<br /> the Mountain House Community Services District that the agency has or will have the sewer
<br /> capacity to serve the development is also required (San Joaquin County Development Title,
<br /> Section 9-1100.3).
<br /> 4. Connection to an approved public water supply system is required (San Joaquin County
<br /> Development Title, Section 9-1120.2).
<br /> A letter from the water supplier will be required stating that they have the capacity to serve
<br /> the development and that the system meets State standards prior to recording the final map
<br /> (San Joaquin County Development Title, Section 9-1100.3).
<br /> V. LAMMERSVILLE ELEMENTARY SCHOOL DISTRICT (Staff Contact
<br /> Doris Unsod, 209-836-7400)
<br /> 1. The developer shall enter into full mitigation agreement with the Lammersville Elementary
<br /> School District (LESD). [Master Plan Implementation 5.1.3 p).j
<br /> Timing: Condition shall be met prior to approval of the first Final Map.
<br /> 2. The school funding agreements between the applicant and Lammersville Elementary School
<br /> District and Tracy Unified School District shall be implemented to provide interim and
<br /> permanent funding for school facilities, as evidenced by certificates of compliance from these
<br /> entities stating that the developer has complied with funding requirements as per the
<br /> agreements. [SPIN Implementation Measure 5.2.3 (o)]
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