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DEVELOPMENT COMMITTEE MEMORANDUM <br /> MS-90-79 <br /> PAGE THREE <br /> 11. The services of a qualified biologist shall be retained to <br /> prepare an annual report on the status of compliance with the <br /> requirements of the Habitat Management Plan. The report shall <br /> be submitted to the Community Development Department (CDD) <br /> prior to the yearly anniversary of the effective date of Minor <br /> Subdivision Application No. MS-90-79. The submittal of the <br /> annual report shall be accompanied by a fee to reimburse the <br /> CDD for the four (4) hours of staff time necessary to review <br /> the annual report, conduct on-site monitoring, and prepare a <br /> compliance report. It shall be the responsibility of the <br /> owner(s) to verify the CDD's hourly rate prior to the <br /> submittal of the annual report and to reimburse the CDD on a <br /> "time-and-material basis, "for additional expenses related to <br /> the previously-stated responsibilities. <br /> 12 . The owner shall establish a property owners ' association to <br /> be responsible for the preparation and submission of the <br /> annual compliance report and the payment of the report <br /> review/on-site monitoring fee. A note regarding the property <br /> owners' association shall be placed on the Final Parcel Map <br /> and a discussion of the association and its responsibilities <br /> shall be included in the Habitat Management Plan. <br /> A draft of the Articles of Incorporation shall be submitted <br /> to the Community Development Department prior to recordation <br /> of the Final Parcel Map. <br /> 13 . The private right-of-way servicing the subdivision and <br /> driveways to future residences and other structures shall not <br /> be located within any of the required buffers. A note to that <br /> effect shall be included in the Habitat Management Plan. <br /> 14 . All habitat within the areas of dedication along the Mokelumne <br /> River and from McIntire Road to the river shall be preserved <br /> by the property owners affected by the dedications. A note <br /> to that effect shall be included in the Habitat Management <br /> Plan and on the Final Parcel Map. <br /> 15. Construction and other improvements shall not be permitted <br /> within the areas of dedication along the Mokelumne River and <br /> from McIntire Road to the river. A note to that effect shall <br /> be included in the Habitat Management Plan and on the Final <br /> Parcel Map. <br />