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under the statewide General Construction Activities Storm Water Permit(General Permit) shall be obtained for project development prior to the issuance of grading permits. The applicant and/or contractor shall obtain coverage under the General Permit by filing a Notice of Intent with the State Water Resource Control Board's (SWRCB) Division of Water Quality. The filing shall describe erosion control and storm water treatment measures to be implemented during and following construction and provide a schedule for monitoring performance. MHCSD approved BMPs shall serve to control point and non-point source pollutants in storm water and shall constitute the project's storm water pollution prevention program (SWPPP)for construction activities. Timing: All applicable permits shall be obtained prior to the issuance of grading permits for Tracts. 56. Hold Harmless Provision: Pursuant to Section 66474.9 of the Government Code, the subdivider shall defend, indemnify, and hold harmless the local agencies, the MHCSD or its agents, officers, and employees from any claim, action, or proceeding against the local agency or its agents, officers, or employees to attack, set aside, void, or annul an approval of the local agency, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time provided for in Section 66499.37 of the Government Code. This Hold Harmless Provision includes, but is not limited to, any action that may be taken by U.S. Fish & Wildlife and/or California Dept. of Fish & Game pursuant to FESA and CESA is relative to the lower fees collected pursuant to the SJMSCP before it is officially adopted. 57. Landscaping and Architecture: a. All in-tract landscaping, open space, parks, golf course, and utility R/W areas, and all other landscape areas within Specific Plan II Neighborhood 'I &J' that were not in the original Master Plan, the MHCSD Parks, Recreation and Leisure Plan, the TIF or the CFF (January, 2003) as determined by MHCSD, will require a funding mechanism as determined by MHCSD. These areas will require establishment of a maintenance entity or financing mechanism acceptable to MHCSD to provide funding for maintenance of, and if necessary, replacement at the end of the useful life of improvements including, but not limited to landscaping, pathways, walls, and all improvements serving or for the special benefit of this subdivision. Timing: The financing mechanism shall be completed and adopted by the Board of Directors prior to the approval of the first Final Map. b. The applicant shall clearly identify the landscaping and architectural theme to be used in the project, Recreation Center area, and other community facilities. Distinct themes shall be created to ensure that each neighborhood has a separate architectural theme and shall be consistent with all Community Approvals including applicable provisions of the MHCSD Design Manual and any applicable Special Purpose Plan. Timing: prior to approval of first Final Map for each neighborhood. c. The applicant shall submit a complete set of Landscape Guidelines Improvement Plans for the entire neighborhood. Landscaping themes shall be distinct for each neighborhood. Landscaping and architectural design of public areas shall implement the common design theme for the neighborhood and shall be consistent with all Community Approvals including applicable provisions of the MHCSD Design Manual and any applicable Special Purpose Plan. Timing: prior to first Final Map. d. Roadway, streetscape, and landscaping shall be designed consistent with all Community Approvals including applicable provisions of the MHCSD Design Manual. Timing: the design plans associated with each phase of the development shall be completed and approved by the MHCSD General Manager prior to the approval of the Final Map for that phase. e. Landscaping of Community, Arterial, and Neighborhood entries shall be installed concurrently with the landscaping of adjacent streets. Entries shall be designed consistent with all Community Approvals including applicable provisions of the MHCSD Design Manual, and shall be reviewed and approved by the MHCSD General Manager Resolution Template 01/2017