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of the final plat occurs prior to submission of applications for building permits, it is not <br /> anticipated that this requirement will impact building permit processing time. Since no <br /> specific examples of "vagueness" are cited, no response can be made to that portion of the <br /> comment, nor modification or clarification of the rules. <br /> Comment 15: The added costs associated with the Local Street Plan amount to <br /> $1,099 per subdivision lot. <br /> Finding: The cost analysis cited was prepared using the option in which the <br /> developer plants and establishes the street trees. While not debating the costs cited, a <br /> number of the items listed represented subcontractor or supplier costs to be incurred by the <br /> developer, and not practicable for city staff to verify. <br /> However, when comparing these costs to those using the option in which the City <br /> plants and establishes the street trees we arrive at similar figures. For example, a lot with <br /> 90-100 feet of street frontage could require three trees costing $900 - $1200 depending on <br /> whether it was classified as a local or collector street. A lot with 50 -60 feet of street <br /> frontage could require two trees costing $600- $800. <br /> Therefore, depending on the average size of the subdivision lots, these costs are <br /> accurate and generally within the range of cost anticipated. Therefore, there is no need <br /> to adjust the rule <br /> Comment 16: Every lot is subject to a set of CC&Rs that require the approval of <br /> a Landscape Plan that includes Street Trees. In those CC &Rs the homeowner is required <br /> to maintain the trees. If they do not then the Architectural Control Committee or the City <br /> of Eugene has the right to enforce the CC &Rs. <br /> Finding: Section 7.280(3) of the Eugene Code, 1971 requires a developer to obtain <br /> approval of a Street Tree Plan prior to receiving approval of the final plat. The purpose <br /> of placing this task on the developer is to insure that a single entity, instead of a series of <br /> future property owners, is made responsible for ensuring tree planting and establishment <br /> occurring within the street right -of -way. While a developer may include City imposed <br /> PUD conditions in the CC &Rs the City does not directly participate in the establishment <br /> or enforcement of CC&Rs. CC&Rs are used by the developer to set and communicate <br /> development conditions on future use of the private lots prior to their sale. In addition, <br /> since the right -of -way is not a part of the private lot, CC &Rs are not valid for placing <br /> conditions on facilities within the public right -of -way. <br /> Comment 17: It seems that this issue could be handled much less expensively if <br /> it were treated the same as weeds on vacant properties, wherein the City notifies the <br /> owners of noncompliance and if not corrected, the City acts. <br /> • Finding: The program referenced-for-control of"-weeds" on vacant-properties is <br /> a code enforcement program intended to reduce the potential fire hazard during the <br /> summer by requiring removal of uncontrolled vegetation. It is impracticable to recover <br /> the costs of inspection of all vacant lots within the City solely from those where violations <br /> Street Tree Plan Agreement - City Plants Alternate - 10 of 25 M 9 9 - 0 0 4 0 <br />