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c. TREE PRESERVATION: The following note shall be included on the Final Map or <br /> Subdivision Improvement Plan and shall be recorded as a separate instrument (Notice of <br /> Restriction): <br /> (1) Future development on the parcels shall be consistent with the requirements of the <br /> County's Tree Preservation Ordinance. (Development Title Section 9-1505.2) <br /> (a) Units 10-13 can not be built within the Protected Zone of the Oak Trees. <br /> (b) No grade changes shall occur within six (6) feet of the trunk of the tree. <br /> (c) Paving within the dripline of affected trees shall be stringently minimized. If <br /> paving is necessary, porous materials such as gravel, loose boulders, and <br /> cobbles, brick with sand joints, wood chips, or bark mulch shall be used. <br /> d. RIGHT TO FARM: Pursuant to San Joaquin County Code Section 6-9004(b), the <br /> following note shall be placed on the Final Map: <br /> All persons purchasing lots within the boundaries of this approved map should be <br /> prepared to accept the inconveniences or discomforts associated with agricultural <br /> operations or activities, such as noise, odors, insects, dust or fumes. San Joaquin County <br /> has determined that such inconveniences or discomforts shall not be considered to be a <br /> nuisance. <br /> 2) COUNTY COUNSEL <br /> a. HOLD HARMLESS PROVISION: Pursuant to Section 66474.9 of the Government Code, <br /> the subdivider shall defend, indemnify and hold harmless the local agency or its agents, <br /> officers, and employees from any claim, action, or proceeding against the local agency or <br /> its agents, officers, or employees to attack, set aside, void, or annul an approval of the <br /> local agency, advisory agency, appeal board, or legislative body concerning a subdivision, <br /> which action is brought within the time provided for in Section 66499.37 of the <br /> Government Code. <br /> 3) ENVIRONMENTAL HEALTH DEPARTMENT (Seethe attached memo dated July 13, 2006). <br /> 4) SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (Seethe attached memo <br /> dated August 16, 2006). <br /> MH:vb <br /> PA-060043 2(S U)DCMH083006 <br /> Attachments <br /> C: Plymouth Oaks LLC <br /> Wong Engineers <br /> 4 <br />