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D. Construction of Open Space Improvements may be completed on a phased basis to correspond with the development of neighborhoods, or parcels as determined by MHCSD directly adjacent to the facility. Open Space improvements to a specific segment shall be completed no later than the time at which 80% of dwelling units for the neighborhood, or adjacent parcels, have been issued building permits. Completion time may be modified by the MHCSD General Manager to reflect construction, weather, budget, or other public interest contingencies. E. Masonry Walls, consistent with the MHCSD Design Manual and MHCSD Standards, shall be constructed in all locations where residential properties abut Open Space Corridor areas. View Fencing or no fencing may be permitted in locations where residences face the Open Space Corridor as deemed appropriate by MHCSD. Timing: Improvement Plans approved by CDD and MHCSD prior to first residential building permit. III. COUNTY COUNSEL 1. HOLD HARMLESS PROVISION: Pursuant to Section 66474.9 of the Government Code, the subdivider shall defend, indemnify, and hold harmless the local agency 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. Iv. PUBLIC WORKS (Staff Contact Michael Callahan, 209-468-3000) 1. The Traffic Impact Mitigation Fee shall be required when parcels are developed. Timing: The fee is due and payable at the time of building permit application. 2. The Regional Traffic Impact Fee shall be required when parcels are developed. Timing: The fee is due and payable at the time of building permit application. 3. All easements of record shall be shown on the Final Map (Development Title Section 9- 910.20). 4. Any construction activity that results in the disturbance of at least one (1) acre of soil shall require a State NPDES construction permit. v. ENVIRONMENTAL HEALTH DEPARTMENT (Staff Contact Greg Oliveira, 209-468-3854) 1. The Environmental Health Department (Department) has reviewed a Surface/Subsurface Contamination Report (SSCR) dated October 17, 2005. Because over six months has elapsed since the preparation of the SSCR and because the report references two other studies for which the results were not indicated in the SSCR (possible Shell Oil pipeline contamination and a Phase II Dairy Investigation), an addendum must be submitted to and approved by the Department prior to recordation of the Final Map. In addition, any remediation/cleanups required by the Department shall be completed to the satisfaction of the Department prior to recordation of the Final Map. 2. The Machado Tentative Map shall comply with the Specific Plan III in regards to public services and contaminated site mitigation issues. 28