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39. Poi,,able toilets used during construction shall be kept as far as possible from adjacent <br /> properties and shall be emptied on a regular basis as necessary to prevent odor. <br /> <br />Alt site improvement and construction activities shall be limited to the hours of 8:00' <br />a.m. to 5:00 p.m. Monday through Saturday. No construction shall be allowed on <br />Federal Holidays. All construction equipment must meet DMV noise standards and <br />shall be equipped with muffling devices. <br /> <br />41. <br /> <br />TI~ developer acknowledges that the City of Pleasanton does not guarantee the <br />availability of sufficient sewer capacity to serve this development by the approval of this <br />case, and that the developer agrees and acknowledges that building permit approval may <br />be withheld if sewer capacity is found by the City not to be available. <br /> <br />42. <br /> <br />This approval does not guarantee the availability of sufficient water to serve the project. <br />The City shall withhold building permits for the project if at the time building permits <br />are applied for, mandatory water rationing is ill effect, unless the City has adopted a <br />water offset program and unless the developer is participating in the program. <br />Notwithstanding the developer's participation in such a program, the City may withhold <br />building permits if the City determines that sufficient water is not available at the time of <br />application of building permits. <br /> <br />Building <br /> <br />43. <br /> <br />The developer shall ensure that the building is designed to be energy efficient, and shall <br />generally seek to comply with the energy efficiency guidelines of the U.S. Green <br />Building Council. <br /> <br />44. Prior to occupancy of the office building, the property oWner or its successor in interest <br /> (owner) shall enter into an agreement with the City of Pleasanton to provide that: <br /> <br />a. The owner shall either not protest the establishment of an assessment district, or <br /> shall affirmatively vote for the creation of the district or other mechanism to pay <br /> the construction costs for the 1-680/West Las Positas Boulevard interchange, or <br /> alternative transportation and/or air quality mitigation improvement(s) selected by <br /> the City Council, depending upon the manner of creation of the funding <br /> mechanism; <br /> <br />b.. The owner retains the right to protest that the allocation of costs among various <br /> property owners is inequitable under the above mentioned funding mechanisms; <br /> <br />P~JDD 81-30-84D Conditions of Approval Page 6 <br /> <br /> <br />