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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 />Findinn: 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 Ciry <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 Ciry 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 Ciry 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 g 8 ~. O Q ~ 2 8 <br />