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7. Approval of this development plan and rezoning do not constitute approval, implied or <br /> otherwise, of the proposed tentative subdivision map included in the PUD application <br /> package. <br /> <br />8. No building permits shall be issued for the residential units until such time as the developer <br /> has applied for and received a building permit for the office building and the Building <br /> Official has determined that substantial work towards construction of the building has <br /> occurred. <br /> <br />9. The developer shall install the paved trail, trail landscaping, and irrigation prior to or <br /> concurrently with issuance of the first residential building permit. Installation of the trail, <br /> landscaping and irrigation, and fencing at either end of the trail shall be completed prior to <br /> occupancy of the first residential unit, to the best of the developer's ability barring any <br /> delays occasioned by the County of Alameda or the East Bay Regional Park District. <br /> <br />10. Prior to issuance of the first residential building permit, the developer and staff shall <br /> determine the most appropriate fence material and locations to prevent unauthorized use <br /> of the trail and the ACTC until such time as the trail is extended to the north and south or <br /> otherwise opened to public use as determined by the City and the EBRPD. <br /> <br />11. The developer shall fund school facilities necessary to off-set this project's reasonably <br /> related impacts on the long-term needs for expanded school facilities to serve new <br /> development in Pleasanton. Determination of the method and manner of the provision of <br /> the funds and/or facilities shall be made by the Pleasanton Unified School District and the <br /> City, and it may be in addition to the school impact fees required by State law and local <br /> ordinance. The present program is described in documents entitled "Cooperation <br /> Agreement" and "Flat Fee Agreement." The developer shall be required to participate in <br /> the above-referenced program, as it may be amended, or in any successor program, prior <br /> to issuance of any building permit for the project. <br /> <br />12. The 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 />13. 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 are <br /> applied for, mandatory water rationing is in effect, unless the City has adopted a water <br /> offset program and unless the developer is participating in the program. Notwithstanding <br /> the developer's participation in such a program, the City may withhold building permits if <br /> the City determines that sufficient water is not available at the time of application of <br /> building permits. <br /> <br />PUD-97-08 Page 2 <br /> <br /> <br />