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Exhibit B <br />ORDINANCE Exhibit A - Page 24 of 66 <br />7. The department may approve the use of alternate tree protection techniques if an equal or <br />greater level of protection will be provided. <br />19.37.150 CONSTRUCTION PLAN REVIEW <br />A. Construction Plans. Construction plans necessary to implement requirements of the detailed <br />mitigation plan shall be provided prior to issuance of construction permits. Plans shall include the <br />proposed construction sequencing and timing; surface and subsurface hydrologic conditions, including <br />proposed hydrologic regimes for compensatory mitigation areas; grading and excavation details, erosion <br />and sediment control measures; a planting plan specifying plant species, quantities, location, size, <br />spacing, density, proper placement, fertilization standards, and provisions for temporary irrigation <br />systems. <br />B. The planning director may require construction monitoring by a qualified professional during <br />alteration activities within or adjacent to critical areas or buffers to ensure approved design <br />recommendations are implemented. When such services are deemed necessary by the planning <br />director, they shall be at the applicant’s expense. <br />19.37.160 ASSURANCE DEVICES <br />The city shall require performance or maintenance assurance devices in accordance with Chapter 19.40 <br />to ensure compliance with this chapter and adequate protection and maintenance of critical areas and <br />buffers. <br />19.37.170 TITLE NOTIFICATION <br />A notice on real property title is required as a condition of permit issuance or project approval when a <br />permit or development application is submitted for development on any property containing critical <br />areas or buffers. The purpose is to inform subsequent purchasers of real property of their existence. <br />A. Critical Area Covenants. Except as provided for below, the city shall require that all features classified <br />as critical areas by this chapter and their buffers, including fish and wildlife habitat conservation areas <br />and geologically hazardous areas, be placed in critical area protective covenants. Covenants shall not be <br />required for: <br />1. Utility and road projects in public rights-of-way. <br />2. Utility and road projects on private easements where the proponent does not own the land. <br />3. Any development within the special flood hazard area will require a notice on title that the <br />property contains land within the riparian habitat zone and/or special flood hazard area. <br />B. Critical Area Tracts. The city may require that any area classified as a critical area and its buffer be <br />placed in a permanent separate tract, rather than included in the protective covenant. A tract shall be <br />required when the proposal includes a short subdivision or binding site plan. Such a tract shall remain in <br />the same ownership as the parcel it was segregated from; placed into undivided common ownership of <br />all lots within a proposed subdivision, short subdivision, or binding site plan; or dedicated to a public <br />agency which is willing to accept the tract for long-term management of the protected resource.