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25. With the application for the tentative subdivision map, the project developer shall <br /> submit the following: <br /> a. An updated tree analysis for the eight-lot portion of this development; and, <br /> b. A mitigation plan showing the location of protective fencing for the trees, <br /> swales, seeps, etc. <br /> These items shall be subject to final review and approval with the Planning <br /> Commission's action on the tentative subdivision map. <br /> 41. With the tentative subdivision map, the project developer shall set forth the <br /> common open space/maintenance areas of the proposed development and <br /> maintenance responsibilities. The project developer shall record CC&R's at the <br /> time of recordation of the final subdivision map, which shall create a homeowners <br /> association for the development. The CC&R's shall be subject to the review and <br /> approval of the City Attorney prior to recordation of the final map. The property <br /> owners association shall be responsible for the maintenance of all private <br /> utilities, wildland fire and buffer areas, bio-retention ponds, landscape buffer <br /> areas along the south side of Lots 1 through 5 and the north side of Lots 6 <br /> through 8, and other common areas/facilities on the site. The City shall be <br /> granted the rights and remedies of the association, but not the obligation, to <br /> enforce the maintenance responsibilities of the property owners association. <br /> 42. The project developer shall show with the tentative subdivision map application <br /> the building setback lines conditioned by this approval superimposed on the lots. <br /> (end} <br /> 4 <br />