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Resolution No. PC-01-46 <br />Page 8 <br /> <br />38. The developer shall maintain the area surrounding the project in a clean and <br /> orderly manner at all times. <br /> <br />39. <br /> <br />Portable toilets used during construction shall be kept as far as possible from <br />adjacent properties and shall be emptied on a regular basis as necessary to prevent <br />odor. <br /> <br />40. <br /> <br />All site improvement and construction activities shall be limited to the hours of <br />8:00 a.m. to 5:00 p.m. Monday through Saturday. No construction shall be <br />allowed on Federal Holidays. All construction equipment must meet DMV noise <br />standards and shall be equipped with muffling devices. <br /> <br />41. <br /> <br />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 <br />of this case, and that the developer agrees and acknowledges that building permit <br />approval may be withheld if sewer capacity is found by the City not to be <br />available. <br /> <br />42. <br /> <br />This approval does not guarantee the availability of sufficient water to serve the <br />project. The City shall withhold building permits for the project if at the time <br />building permits are applied for, mandatory water rationing is in effect, unless the <br />City has adopted a water offset program and unless the developer is participating <br />in the program. Notwithstanding the developer's participation in such a program, <br />the City may withhold building permits if the City determines that sufficient water <br />is not available at the time of 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 <br />shall generally seek to comply with the energy efficiency guidelines of the U.S. <br />Green Building Council. <br /> <br />44. <br /> <br />Prior to occupancy of the office building, the property owner or its successor in <br />interest (owner) shall enter into an agreement with the City of Pleasanton to <br />provide that: <br /> <br />The owner shall either not protest the establishment of an assessment <br />district, or shall affirmatively vote for the creation 0fthe district or other <br />mechanism to pay the construction costs for the 1-680/West Las Positas <br />Boulevard interchange, or alternative transportation and/or air quality <br />mitigation improvement(s) selected by the City Council, depending upon <br />the manner of creation of the funding mechanism; <br /> <br />The owner retains the right to protest that the allocation of costs among <br />various property owners is inequitable under the above mentioned funding <br />mechanisms; <br /> <br /> <br />