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65. The applicant, in conjunction with the MHCSD and school districts, shall address traffic <br /> control and standard traffic safety measures, such as"walk to school plans", <br /> 66. HOLD HARMLESS PROVISION: Pursuant to Section 66474.9 of the Government Code, the <br /> subdivider shall defend, indemnify, and hold harmless the local agencies, the MHCSD or its <br /> agents, officers, and employees from any claim, action, or proceeding against the local <br /> agency or its agents, officers, or employees to attack, set aside, void, or annul an approval of <br /> the local agency, advisory agency, appeal board, or legislative body concerning a <br /> subdivision, which action is brought within the time provided for in Section 66499.37 of the <br /> Government Code. This Hold Harmless Provision includes, but is not limited to, any action <br /> that may be taken by U.S. Fish &Wildlife and/or California Dept. of Fish & Game pursuant to <br /> FESA and CESA relative to the lower fees collected pursuant to the SJMSCP before it is <br /> officially adopted. <br /> 67. LANDSCAPING AND ARCHITECTURE <br /> A. All in-tract landscaping and utility R/W areas and all other landscape areas within <br /> Specific Plan II that were not in the original Master Plan, the MHCSD Parks, <br /> Recreation and Leisure Plan, the TIF or the CFF (January, 2003), as determined by <br /> MHCSD, will require a funding mechanism as determined by MHCSD. These areas <br /> will require establishment of a maintenance entity or financing mechanism acceptable <br /> to MHCSD to provide funding for maintenance and, if necessary, replacement at the <br /> end of the useful life of improvements, including, but not limited to, landscaping, <br /> pathways, walls, and all improvements serving, or for the special benefit of, this <br /> subdivision. The financing mechanism shall be completed and adopted by the Board <br /> of Directors prior to the approval of the first Final Map. <br /> B. The applicant shall clearly identify the landscaping and architectural theme to be <br /> used in each Neighborhood, Recreation area, and other community facilities. Distinct <br /> themes shall be created to ensure that each neighborhood has a separate <br /> architectural theme and shall be consistent with all Community Approvals including <br /> applicable provisions of the MHCSD Design Manual and any applicable Special <br /> Purpose Plan. <br /> C. The applicant shall submit a complete set of Landscape Guidelines for the entire <br /> Neighborhood. Landscaping themes shall be distinct for each neighborhood. <br /> Landscaping and architectural design of public areas shall implement the common <br /> design theme for the Neighborhood and shall be consistent with all Community <br /> Approvals including applicable provisions of the MHCSD Design Manual and any <br /> applicable Special Purpose Plan. <br /> D. Roadway, streetscape, and landscaping shall be designed consistent with all <br /> Community Approvals including applicable provisions of the MHCSD Design Manual. <br /> E. Landscaping of Community and Neighborhood entries shall be installed concurrently <br /> with the landscaping of adjacent streets. Entries shall be designed consistent with all <br /> Community Approvals including applicable provisions of the MHCSD Design Manual, <br /> and shall be reviewed and approved by the MHCSD Public Works Director <br /> concurrently with the adjacent Street Improvement Plans. <br /> F. The roadway landscape construction plans shall be processed and approved by the <br /> MHCSD Public Works Department concurrently with the Improvement Plans. <br /> G. The collector street network and landscape treatments shall comply with all <br /> Community Approvals including applicable provisions of the MHCSD Design Manual <br /> and MHCSD Standards. <br /> Conditions of Approval -40- <br />