Res14 15336 - Laserfiche WebLink

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03/24/2014 Administrator or the Planning Commission. 82. In accordance with Municipal Code Section 30.45 (Expiration and Extension of Tentative Map Approvals), an approved or conditionally approved Tentative map shall expire eighteen (18) months from the date the maps were approved or conditionally approved by the City Council. 83. Applicant shall submit proposed Covenants, Conditions and Restrictions (CC&R's) for the Pete's Harbor Residential Community, or any part, for review and approval by the City prior to any Final Map approval. All property owners must be members of their HOA. The submittal shall include an estimate of costs and proposed level of maintenance for each of the activities identified. 84. The CC&Rs shall provide for funding and provision of maintenance of all common facilities, such as streets and utilities, not accepted for maintenance by a public agency. The CC&Rs shall stipulate that the HOA is responsible for maintaining landscaping consistent with the Landscape Maintenance Agreement. The CC&Rs shall be recorded as deed restrictions with the Final Map. 85. All privately maintained streets and utilities, including storm drain, sanitary sewer and water facilities, within the development shall be maintained by the HOA, as applicable. 86. To the extent that any portions of Bair Island Road and/or Uccelli Boulevard are privately owned and maintained streets, those portions that are currently private streets shall remain private and shall be so noted on the Final Map. 87. Prior to the application for any building permit for the site, two copies of the approved and recorded CC&Rs shall be submitted to the City Engineer and Planning Director. 88. The CC&Rs shall describe how the storm water BMPs associated with privately owned improvements and landscaping shall be funded and maintained by the HOA. 89. Applicant shall defend (with counsel approved by City), indemnify, and hold harmless the City, its agents, officers, and employees from and against any claim, action, or proceeding against the City or its agents, officers or employees, to attack, set aside, void, or annul an approval of the Project, including without limitation any related application, permit, certification, condition, environmental determination, other approval, compliance or failure to comply with applicable laws and regulations, and/or processing methods ("Challenge"). If applicant does not promptly defend any Challenge, City may (but is not obligated to) defend such ATTY/RES0.2967/CC PETE'S HARBOR—DENYING APPEAL AND APPROVING PROIECT Reso#15336 REV:03-25-14 VR Muff#603 Page 16 of 19