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CONDITIONS OF APPROVAL SU-98-4 Trimark Communities Major Subdivision Application No. SU-984 was approved by the San Joaquin County Planning Commission on June 3, 1999. The effective date of approval is June 13, 1999. This tentative map approval will expire on June 12, 2002, which is three years from the date of approval, unless (1) all Conditions of Approval have been complied with and (2) a Final Map has been filed with and accepted by the County Surveyor. Unless otherwise specified, all Conditions of Approval and Ordinance requirements shall be complied with prior to approval of the Final Map. Those Conditions followed by a Section Number have been identified as Ordinance requirements pertinent to this application. Ordinance requirements cannot be modified,and other Ordinance requirements may apply. 1. COMMUNITY DEVELOPMENT DEPARTMENT(Staff Contact: Tom Gau, 468-2344) a. TENTATIVE MAP: The Final Map shall be in substantial compliance with the Tentative Map dated May 10, 1999. b. DEVELOPMENT: A Notice of Subdivision Restriction shall be placed on the Final Map and recorded as a separate instrument that restricts the development of the subdivided lots and the designated remainder until they are further subdivided. c. A Note shall be included on the Final Map stating that all requirements specified in Exhibit D of the Mountain House Development Agreement, the Master Plan, and Specific Plan I that are to be fulfilled prior to the First Development Permit shall be satisfied before any additional subdivision or development can occur on parcels shown on the Final Map, unless waived by the Board of Supervisors. At the time the lots are resubdivided, additional conditions may be imposed to reflect development conditions, pattern, and density. d. BIOLOGICAL: In anticipation of issuance of the Section 10(a)(B) Permit issued by the United States Fish and Wildlife Service and the Section 2081(b) Incidental Take Permit issued by the California Department of Fish and Game, the County of San Joaquin has approved a Tentative Subdivision Map to Trimark Communities, its successors, agents and assigns pursuant to the "Implementation Agreement for the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan," which will allow Trimark Communities, its successors, agents and assigns to construct, operate, and maintain the Project commonly known as SU-98-4 (Tract No. 2924), which may result in a legally permitted Incidental Take of the SJMSCP Covered Species in accordance with and subject to the terms and conditions of the Subdivision Map (minus the 246.5-acre Remainder Parcel). This Certification applies only to activities within the boundaries of the Subdivision Map (minus the 246.5-acre Remainder Parcel), which are carried out in full compliance with the Subdivision Map, Section 10(a)(1)(B) Permit and Section 2081(b) Incidental Take Permit Conditions. This fee shall be placed into an interest bearing trust account which will be transferred to the JPA for the SJMSCP once it has been established. If the SJMSCP is not adopted within three years of the date of the approval of this Tentative Map, the fees collected will be utilized to administer the Mountain House Swainson Hawk HMP, and appropriate mitigation shall be acquired consistent with HMP criteria contained in the Master Plan. All other take avoidance measures Conditions of Approval - 1 - SU-98-4