Loading...
R 2133 U~. , , " . . .' RESOLUTION NO. 2133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONDITIONALLY APPROVING THE REVISED TENTATIVE TRACT MAP NO. 1390, ROYAL OAKS ESTATES, AND REPEALING TENTATIVE PARCEL MAP APPROVED BY RESOLUTION NO. 1817, DECEMBER 11, 1984 WHEREAS, the Planning Commission of the City of Arroyo Grande has considered and accepted the Final EIR and Addendums regarding the proposed project, and has determined that possible adverse impacts outlined therein are avoided or adequately mitigated by the revised tentative map and conditions of approval outlined hereinafter; and WHEREAS, the Planning Commission has considered and recommended approval of the PO amendment for Royal Oak Estates to the City Council, sUbject to the same conditions as provided for the tentative m"p, prescribing the unique features and subdivision variations enabled by I'D zoning; and WHEREAS, the development has been found cons i s tent with the City's general plan, State subdivision map act and City subdi~ision and zoning regulations, except as specifically approved for exceptions or variations by the conditions of approval, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande makes the following findings: 1. The design of the tentative map and proposed iuprovements are consistent with the general plan, 2. The site is physically suited for the type and density of development allowed in the PO, Planned Development zone, 3. The design of the revised tentative map and the! proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat, 4. The design of the subdivision or the type of improvements will not conflict with easement for access through or use of property within the proposed subdivision, 5. That the revised tentative map, and additional changes and alterations provided by recommended conditions of approval, will nut have a significant effect on the environment, and ~Ii 11 provide acceptable mitigation to all possible adverse impacts identified in the Final EIR and Addendums. BE IT FURTHER RESOLVED that the City Council of the City of Arroyo Grande hereby approves the tentative map of Tract No.. 1390, dated May 5, 1987, subject to compliance to all zoning, subdivision and other regulations of the City of Arroyo Grande, and the following conditions of approval and specific exceptions: . Refer to Exhibit "c" i On motion of Council Member Moots, seconded by Co"ncil Member Johnson, and on the following roll call vote, to wit: i AYES: Council Members Moots, Johnson, Porter and 11ayor Mankins , NOES: Council Member Millis ABSENT: None ttle foregoing Resolution No, 2133 was passed and adopt"d this 5th day of May, 1987, ~~L~.~~ MA OR ATTEST:--11~ a. ~ CITY CLER n - ..__u.______. _ ._._..________....___......_n__.. .-.._-- --..." - .-.- .. ,.-. -.--- .... , . I. I. . '- o. _ _..., , I I , , , , ,-- , o' !: -. " I. . - Q. '" '. ::O:M OM "'~ MN= ~ .~ O. ; t Z+J '" .~ '- "'.0 ,. I- 0.,.... .~.., ",""X " >~l.J.J '. .~ 0 t " """, '" '" ~"" I '" l- . " . .,- . , - " , .1.' , . , . , - i T."; ~~r r=- '0 -0. I 'Ii I T -. -. : - -J ~ I .!.I . . , .-.-. ___'_4_ . _.. - .- ---- " - EXHIBIT "C" OONDmONS FOR AWROV AL FOR TENTATIVE TRACT MAP NO. 1390, ROYAL OAKS ESTATES (dated May 5, .1987) . 1. Appvved Residential DeDlity Lots D-Di. Units Drainage and Park A 0 Patio Homes 11-109 & 157 100 SiJ€le Family Homes 1-11, 131 110-156, 158-181, 183 & 185-233 &tate Homes B, 182 & 184 3 Agriculture C 1 - - Total 235 235 Notel Lots C, 182 and 184 may be converted to institutional uses upon approval of City Cow1cil after rezoning public hearing. Lot B may be converted to a public elementary school upon approval of City Council after re~ public hearing.- 2. Architectural Review of all proposed homes on Lots 11-109 and 157 shall be considered after the City Cow1cil approves this PD amenanent and the tentative map for Royal Oaks. Generally, the pre1Jminary lot plans and elevations Arcbitee- invol~ "Z" and "J" lots with zero setbacks on side yards for Lots 11- tInl 109 and 157 are conceptually acceptable. City Cow1cil architectural ReviewIB review on all lots shall include representative renderiags and proposed Conditions, Cbvenants and Restrictions (C.C.&R.'s), which establish a developers aaninstered subdivision Architectural Control Conrnittee and describes the proposed architectural style(s) or theme for hous~ to be pennitted in the subdivision. Generalized architectural theme review for Institutional uses shaIl be included with the City's architectural review and shall include proposed c.c.&R. 's, but not renderings or dra~ The developer and/or his architectural review cannittee shall review each individual building plan, and the aty will approve the developer's general C.C.&R. plan only.- Lot 3- LotGradirC ~ A. Developer shall provide the final grades and finish of residential lots. C.C.&R. 's shall advise future property owners that no further grading shall be permitted, other than minor detail grading work which requires City permit.- B. Lots 220 through 226 shall be developed In natural terrain.. c. Gr~ of Lots 227-232 and Lot 183 shall be ~Igned to reflect natural terrain and drainage pattems and conConn to cross slope design criteria.- D. Slope banks at the rear of Lots 187-191 and the south side of Lot 205 shall be designed with variable slopes of 3 to 1 or greater and landscaped in accordance with approved plan designed by a landscape architect and InstllUed by the subdivider and maintained as part of the side or rear yards of the Involved lots, to buffer residential development from adjoining future development on County property.- 1 . E. Lot width to depth ratio exceptions are approved for those portions of Lots 127 through 130, which extend into the tree preservation assessment area. The reIII' portion of Lots 12'1 through 130 shIlI1 be designated and recorded lIS a scenic easement.. F. Gra~ of Lots 12'1 through 134 shIlI1 be m:xIified to pad the front 125 foot with the rear sJope b6nI<s reduced to 3 to 1 or greater.. G. In develotxrent of patio 00mes, the tentative map layout for retaining walls is conceptual: When final me.p, Brd/or architectural review of construction plans for structures are resolved, additional walls may be pennitted lIS required. No wood retaining walls which intercept sJopes at property lines shall be pennittecL 4- AbIIndoned weU-u-i .AbIwIDDed A. The developers and the independent soiJs engineers shIlI1 inspect the site, weU-Head sronitor grading and, if an abandoned wellhead is fOWld on-site, shall provide plans and, upon approval by the City, properly seal and cap said well.. 5- General DrairJII&e. ~ aod F.mIiIDR ContId. General A. Caqiete grading and drainage plans shIlI1 be submitted to and approved by the DrairJII&e. Pub1ic Works Depertment prior to any final map. Prior to any site grading or GradIq: and colWtruction, an er<ISIon control plan and program shIlI1 be subaitted to and Flosion Control approved by the PubUc Works Department, said plan and program to /1dCh'e.$ specific terqIorary and permanent erosion control measures 8$iOCiated with the project.. B. The subdivider shIlI1 pay for a qualified independent engineering colWultant selected by the City to review grading and drainage improvement plans, inspect the site prior to and during aU major site preparation grading. The subdivider's soil eqpneer shIlI1 submit tests and reports to certify aU lots lIS ready for construction prior to issuance of building pennits thereon. (Further site or lot grading shIlI1 be noted on the final map as prohibited except for building and driveway purposes specifically approved by the City pursuant to sWiequent pennit appIications.). C. Detailed site grading, drainage ~vement and erosion control plans for the entire subdivision and otf-site knproVelDmts, including interim grading of any lots, if proposed, shall be sutmtted to and approved by the City Public Works Director. Qua\1fied independent consultants sh&1l be paid for by the subdivider but selected by the City. SUch sh&1l review said plans and inspect the grading. These plans shIlI1 be approved prior to any grading pennits for any phased developnent. Site grading shall be restricted to the Spring or . Sumier sel1SOll, Apr1llat throui:h October 3lat, W1less otherwise approved by CouncJI; and require replanting for ercsion control In accor<iance with plans prepared by a lanQscape architect, which will be ~emented ~ October- NovelWer and maintained clurIni at least one wet season, November through March, fo!lowll1g ~ to assure Jr4nInun siltation.. 6. Lot A 8Dd Via La Barr8naa Dr8inI&e &"st.... Lot A aod A. The developer shall be recpred to design and construct a storm drainege Via La Barranca retention faci1lty and other drainage and park facility on Lot A and upon the Drainage System City-owned adjacent oU-site property 8S required by the City CbWlcll. fntIrovement plans and contracts IIUIt be approved by the Public Works 2 -~._..- -~- 0" 8. Both Drainage ~ Both Regarding stonn drainage retention capacity within Lot "A" and the adjoining City Drainage drainage retei1tion basin, and on Lot 182, evidence of off-site easements and design ~ solutions acceptable to the City shall be subaitted to and approved prior to gra~ or concurrent with final map improvements plans.. The subdivider shall bond for, provide and restore all on-site and off-site drainage detention basins capacity, remove siltation which occurs and provide general maintenance of all drainage facilities during the three-year period fallowing acceptance of subdivision improvements by the City or fallowing site preparation grading. Thereafter, the City shall8SSlllle total maintenance responsibilities for same without benefit of maintenance assessnlellt district.. No 9. No~ ~ A. "No Parking" signs shall be installed on Halcyon Road in front of Lots 110- 113, 123 and 178-181, and, if necessary, a street tree and landscaping control easement shall extend into the 20' front yard of these lots to assure adequate sight distance at the intersection with "F" Way. "No Parking" signs shall be installed on Halcyon Road in front of Lot B.. P&rk It 10. P&rk and Signal Pees Signal Pees A. The developer shall contribute funds pursuant to the City's parI< in-lieu fee and the signal fee ordinances to provide for off-site park and recreation and traffic iIqrovements.. Street 11. Street NaDel Names A. Street names acceptable to the Fire, Police, Public Works and Planning Departments shall be sutmtted prior to or concurrent with final map and improvement plans. (List of possible names available from Planning Department). Halcyon Road shall be renwned also.. OCf~te 12. OCf-site Iq1rowments Iapowments A. Any right of way or property acquisitions necessary to accomplish off-site improvements required as part of this planned develo[X11ent shall be accarplished by or exclusively at the expense of the developer.. Street 13. Street Trees, """"-PI...: 800 Controls Trees, A. A detailed on- and off-site lan<Bcaping plan, Including materials ~ and irrigation plan9 for street trees and other specific areas of public It ControJs concem (along segments of James Way and Halcyon Road), shall be submitted to and approved by the Parks and Recreation Director, prior to any final map approvaL A nuter fencing plan, including unlfonn design along public streets, shall be part of the detailed landscaping pJan.. . B. Developer shall plant slllandscaping materials according to the approved landscaping plan, andshallmaintainandrep1aae, When neces581'Y, all plantings tor two years atter City acceptance ot phased public in()I'Ovements. * C. A water conservation program, particularly including drought resistant land9caping, shall be provided by the developer concurrent with other utility I plan9, such as master water and sewer plans and specific drainage and park and street tree plans.* D. Street trees eMlor unlfonn slope bank planting on, or near, street frontages shall be the maintenance responsibility of the lot owner, W1less specifically accepted by the City. In addition to specific easements on-site shown on the 4 . -~~.- . " " James Way, 40 ft. curb to curb in a 52' right of way. Improvements include widenings and frontage introvements across portions of County property.. 2) Cbncrete curb and gutter shall be Installed on the westerly frontage of Halcyon Road between West Branch Street and the southern tract boundary where pavement wi~ is required. A temporary asphaltic concrete curb will be Installed on the easterly frontage of Halcyon Road between West Branch Street and the southern tract boundary.. 3) Access rights to Halcyon Road fran Lots 94-109 shall be offered to the city to prevent driveways directly onto this residential collector street, and the fencing and/or landscaping of the slope banks abutting Halcyon Road shall be designed by a landicape architect, Installed by the subdivider concurrent with street frontage and shall be maintained as part of the side or rear yards of Involved lots.. 4) The right of way for the northern extension of Halcyon road, on which Lots 1-10 front, shall extend to the north tract boundary and an access denial strip shall be offered to the Qty to control said COMection W1til and W1less approved by the City Council. Landscaping shall be designed by the subdivider and installed concurrent with construction of Halcyon Road iIq1rovernents after design approved by the Parks and Recreation Director and maintained by the City. (Phase I). James Way C. .&Des Way 1) James Way shall have an ultimate width of 44 feet of driving surface between concrete curb and gutters (including gutter pans) with six-foot sidewalks (including curb width) on both sides. The Improvement shall be centered within a 64 foot wide right of way. Street improvements shall include alllleCfS81'y utilities, including cable TV, telephone and sewer, in conformance with the approved master utility plan for the subdivision.. 2) 1n'provernent requirements between the dev~nt east and west property boW1daries shall conCOlI1I to the ulthMte improvement section.. 3) In\Jrovement requirements westerly of the tract to Rancho Parkway shall be limited to Installation of a water main, Including trench patching with a one-Inch pavement overlay to be applied on the fuU iIq1roved width of the street existing at the thM the water main Is Installed.. 4) !IqJrovernents required on the lenith of James Way easterly of the tract shall be limited to conCom'I8I1C8 to the existing driving lanes and any drainage In\JrOvernents deemed appropriate to prevent erosion of the . appropriate riBhts of way pt'OpOIIecI for U\!e at the time construction conmences.. 5) In\Jrovernents of James Way northerly of the subdivision (fronting on the James parcel which lJes outside the corporate limits of the City) have been volunteered by the developer for constnIction that conCOImi to the I ultimate section of road between the east and west tract boundaries. This int>>'ovement is therefore considered a condition to the approval of the ~.. 6) Access right to James Way !ran Lot 1 and Lots 6-34 shall be offered to the City to prevent driveways directly onto this collector route. The 6 . -------- ---- ,- .,... . .. off-slte for "Landmark Tree" designation in accordance with all provisions of Ordinance N 1.IIIbet 333 C.s. prior to the issuance of any grading pennits or final tract map approvals, whichever comes first. The developer shall ~y with all provisions of Ordinance NlII1ber 333 c.s., except that developer may replace authorized tree l'eITDVaJs in 24' containers rather than 48' containers, which is provided for in Ordinance Nwnber 333 c.s. and replacement trees need not be oak trees if so detennined by the Parks and Recreation Director. The Director may authorize a replacement tree ratio fran two-to-one to five-to-one lIS a variance fran Ordinance Nwnber 333 C.s.. 2) Scenic and tree preservation easements for the two oak groves shall be recorded by the developer after approval by the City Attorney and Parks and Recreation Director. Such easements shall canply with State law, include provisions of future tree maintenance and protection as contained in Ordinance Nwrber 333 c.s. and bind the owners, heirs and assigns of all lot owners overlapping the easements to such tree ownership, maintenance and protection forever.. Similar recordings are required for any other tree determined by Cbuncil to be a "Landmark Tree.". B. The tree preservation easemmts sOOwn on the proposed tentative tract map shall be offered to the owners, heirs and assigns of all tract owners, and it shall be stipulated by recorded c.c. and R's that tree rerooval, grading, fencing or building shall be prohibited in these easements unless specifically approved by the City Council. Additional recorded scenic easements with similar restrictions shall be applied to the steep slopes on Lots 127-130.. C. Developer shall grant to the City a recordable pennanent open space easement and tree preservation easement encwrbering and restricting the use of the rear portions of Lots 136 through 140, 220 through 226 and 232 and portions of Lot C and Lot 182, all as more specifically depicted on the approved tentative map of Tract No. 1390. The first grant deed to each of said parcels shall specifically refer to both of said easements and their recordation, and shall further note that the easements are enforceable not only by the owners of the affected lot but also by the City and by all other owners ot property in Tract No. 1390. No such easement shall be amended, released, abandoned or tenninated by the City except by specific amenanent ot the Royal Oaks' planned developnent zoning ordinance or successor ordinances thereto.. . .. 8 ,-._~_.__..._-- ,- tentative IMp, a six-foot easement, alor~ and adjoining local streets, and a . ten-foot eosement, along and adjoining collector streets, shall be reserved as a street tree and public utility easement.. st.ancImI 14- st.ancImI aty OInditionl Oty "Standard Conditions of Approval" for Tentative Maps In the Oty of Arroyo Grande OInditions ore hereby Included as If specifically itemized herein.. Surpllll 15- Surpllll ~1 ~tf The developer shall note resubdivlslon of the previously recorded percel map involving the property and note the ablllldonrnent of any surpllll rights of way or easements which are to be eUmlnated by the finalrmp of Tract No. 1390.. 16. arcuJation (street) SystEm 0rcu1ati0n The foll~ off-site and on-slte street In\X'Ovements are to be desfgnec:l to the (Street) approval of the Oty and constructed or In\X'Oved prior to final map approvals and SystEm occupancy pennits for the appropriate phase of this planned development: A. West Branch Street 1) Cbnrtruct and IntIrove West Branch Street from its tennlnlll at the South County Regional o,nter easterly to a connection through Vemon Way west Bt8J1ch St. Intersection adjoining the Camunity o,nter to a mininun of tm lanes, Including bike lanes on both sides, with concrete curb and gutter on the freeway side IIIId tel11JOl'81'Yasphaltic concrete curb on the opposite side (unless penmnent concrete curb, gutter and/or sidewalk exist) from the South OJunty Regional Center paving end through the Vernon Way Street intersection in order to carplete a street connection between Oak Park Road and Grand Avenue and conConn existing street sections with new construction. West Branch Street ~vaments shall Include provisions for left and/or right turn lanes at approaches and intersections with Brisco Road, Halcyon Road, "E" Street and Vernon Street. Grading shall conConn to the ultbmte road section adopted In Oty Standards for West Branch Street, 16S-Ag.* 2) The aty shall be responsible for relocating all Oty sanitary sewer lines which may be necessary to aC<.'\JIII,...date new developer construction in the West Branch and Vernon intersection. Whatever water line probleITB have to be corrected, between the South Cbunty Regional Center easterly to a connection through the Vernon Avenue Intersection adjoining the Camunity o,nter on West Branch Street, will be done by the Oty, up to a cost of $25,000. If the costs are more than $25,000, the developer will pay the extra costs. oil 3) The developer shall relocate any other utili ties, if necessary. Developer shall acquire necessary right of way at Vernon and West Branch Streets from Cal Trans, prior to construction. The Oty shall provide developer with Oty-owned right of way at Cbnmunity Center at no cost, prior to construction. Developer shall not be responsible for constructing a retaining wall for the Cbnmunity Center perking lot on West Branch Street as a result of street construction, nor replacing lost Cbnmunity Center perking. (Phase 1)* Halcyon B. Halcyon Road Roed 1) Cbnstruct and ~ve Halcyon road between West Branch Street and 5 ---.."--- .~.- ,- Director prior to COI8trucl1on or grading for these facilities." B. The slope bank behind Lots 34-40 shall be part of Lot "A", the proposed drainage detention b8s1n; the slope bonk shall be moved westerly to enable a drainage SWBle on site along the east tract boundary Into the basin. Slope bonk, swale and besIn landscaping shall be designed by a landscape Ill'chltect and lnstaUed by'the subdivider.. c. The Clty-owned Via La Barranca draiMge property was accepted by the City for both park and <hInage purposes. Developer's consultants shall submit specific drainage 1and9cap~ plans for Lot A, the adjoining Clty-owned Via La Barranca property and doYnItreem dralnoge lines or other mitigating measures tOWlll'ds off-slte drainage deficiencies, where necessary, to the Public Works Director and Parks and Recreation Director. The t\w:) directors shall review and analyze such p]ans to detennlne the adequacy of such plans to: 1) mitigate or reduce current and projected n~ of the streets and areas below the C!III'I'erIt Oty drainage faclUty and works, and; 2) mitigate or prevent any further 1'JoodIng of the streets and areas below the current ctty drainage facility and works to be caused by the planned developnentl andl 3) provide recreational opportunities upon the site to the iJTrnediate neighborhood; and; 4) how those prvpoI\OO recreational opport\D1ities upon the site COI1l?!U'C with opportunities to be provided by the currently approved park development plans of the Parks and Recreation Camdssion, and; 5) provide security and safety measures and durable and substantial fntJrovements which can be efficlently and adequately rmlntalned by the City. The directors shall sutmlt a written report of their findings and the proposed specific plan to the ctty Councn which shall detennlne prior to the msuance of any grading pennlts, the future ownership and I~lSlbllitles for Lot A, the I.8e of the ctty-owned Via La Barranca drainage and specific park and drainage plan." '1. Lot 182 DraInage System A. The developer shall be required to design and construct a stonn drainage Lot 182 retention facl1ity and other dralnllge on Lot 182 as required by the City D\..n~ System Council. ~vement plans and contracts II\Ist be approved by the Public Works DIrector prior to construction or grading for these facilities." B. Developer's consultants shall submit specific drainage and land!cape plans for drainage on Lot 182 to the Public Works Director. The director shall review and analyze such plans to detennlne the adequacy of such plans to: 8) mitigate or reduce current and projected flooding b) . provide security and safety mellSUI'eS and durable and substantive ~vements which can be efficiently and adequately maintained. The director shall submit a written report of his finding and the proposed specific plan to the City COuncll which shall detennine, prior to the Issuance of any grading pennits, the future ownership and responsibilities for the drllinage facilities and the acceptability of the proposed specific drainage p]an." 3 ---'^ " , '- .. " fencing and Jana;caping of these sloping lots abutting James Way shall be designed by a Jand9cape architect and installed by the sulxlivider COI1CUlTeI1t with street frontage ~vements and shall be maintained as psrt of the side or rear yards of Involved lots. (Phase I). Other D. Other streets streets 1) Construct and hrprove "A", "B", "C", "D", "En, AND nF" Streets and Halcyon Road north of James Way - (40' curb to curb, 6' sidewalks both sides, 52 tt. right of way). Qmstruct and Intx'ove Halcyon Road, A, B, C, and F Streets concurrent with Phase I. .Constructlon and inprovement of "D" and "E" Street may be deferred I81tn Phase II.. 2) Qxlstruct "E" Street across the South OJunty Regional Center property southerly to a corJi1eCtlon with the proposed West Branch Street connection.. 3) The right of way for the easterly extemion of "F" Way, to enable possible future cOJlnectlon with Mmer Way, shall extend to the eastern tract boundary and an access denial strip offered to the Oty to control said connection IlltIl and unless approved by the Oty Cbuncn. An emergency access gate sha1l be designed by a civil ~eer and/or landscape architect and Installed by the subdivider concurrent with constnIctlon of "F" Way street Intx'ovements after design approved by the Public Works Director. The gate shall be maintained by the Oty. (Phase I). 11. SidewIIJJcs SidewRIks A. Six-foot sldewaIJ<s shall be required In the proposed development on both sides of James Way, Haicyonrood, "A", "B", "C", "D", "E" and "F" Streets, except for the frontages of Lot Con Halcyon Road, and Lots 220-232,183 and 156 on "D" Street.. B. A short segment of sidewalk shail be constructed on the westerly frontage of Halcyon road southerly of the tract boundary to a point where the developer shBll coordinate with St. Patrick's School a staJrway access between Halcyon Road and the school parking lot.. Tree 18. Tree 1'1.- .mfon Presenation A. A detalled tree PI escrvatlon plan and program, including an Inventory of e~ trees and/or groves shall be prepared by a quoliCied professional, Incl~ II1IPI of the species, size and location of all trees, with respect to lot lines and proposed building areas on each lot (exclusive of those located within the tree preservation easement areas), and submitted to the Parks and Recreation Director prior to final rmp or grading approvaL The Parks and Recreation Director shBll reconmend the designation and preservation of "Ianamrk trees or groves" as provided by Ordinance Number 333 C. S., and . such map shall be CCXlt'leted by the developer and considered by the City eouncn prior to any grading or tree t~ or removal, Issuance of grading pennlts or final rmp approvaJs, whichever occurs first.. 1) The Oty shall designate all oak trees contained within the ~ tree preservation easements Identified upon the tentative map as "Landmrk Groves" In accordance with provisions of Oty Ordinance Number 333 C. S. Furthenrore, the Cbuncn shBll consider all other trees on-site and 7 - ~._. ~ ~ .... .. . ' . .; off-site for "Landmark Tree" designation in accordance with all provisions of Ordinance N lI11ber 333 C.B. prior to the issuance of any gTading pennits or final tract map approvals, whichever comes first. The developer shaU~y with all provisions of Ordinance N1JI1ber 333 c.s., except that developer may rep1ace authorized tree relTDvals in 24' containers rather than 48' containers, which is provided for in Ordinance Number 333 C.B. and replacement trees need not be oak trees if so detennined by the Parks and Recreation Director. The Director may authorize a rep1acement tree ratio from two-to-one to five-to-one as a variance from Ordinance Number 333 C.B. * 2) Scenic and tree preservation easements for the two oak groves shall be recorded by the developer after approval by the City Attorney and Parks and Recreation Director. Such easements shall canply with State law, include provisions of future tree maintenance and protection as contained in Ordinance Nwrber 333 C.B. and bind the owners, heirs and assigns of all lot owners overlapping the easements to such tree ownership, maintenance and protection forever. * Similar recordings are required for any other tree determined by CoW'lcil to be a "Landmark Tree.". B. The tree preservation easements shown on the proposed tentative tract map shall be offered to the owners, heirs and assigns of all tract owners, and it shall be stipulated by recorded c.c. and R's that tree rerooval, grading, fencing or building shall be prohibited in these easements W1le$ specifically approved by the City Oxmcil. Additional recorded scenic easements with similar restrictions shall be applied to the steep slopes on Lots 127-130.* C. Developer shall grant to the City a recordable pennanent open space easetrent and tree preservation easement encurroering and restricting the use of the rear portions of Lots 136 through 140, 220 through 226 and 232 and portions of Lot C and Lot 182, all as rmre specifically depicted on the approved tentative map of Tract No. 1390. The first grant deed to each of said parcels shall specifically refer to both of said easements and their recordation, and shall further note that the easements are enforceable not only by the owners ot the affected lot but a)so by the City and by an other owners of property in Tract No. 1390. No such easement shall be emended, released, abandoned or terminated by the City. except by specific amentinent of the Royal Oaks' planned deve1o[.ment zoning ordinance or successor ordinances thereto.. , .