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<br />28.) The applicant shall comply with the recommendations of the tree reports <br />prepared by Ralph Osterling, dated May 28, 1999 and July 14, 1999. No <br />tree trimming or pruning other than that specified in the tree report shall <br />occur. The applicant shall arrange for the horticultural consultant to <br />conduct a field inspection prior to issuance of grading permits to ensure that <br />all recommendations have been properly implemented. The consultant <br />shall certify in writing that such recommendations have been followed. <br /> <br />29.) No trees shall be removed other than those specifically designated for <br />removal on the approved plans or conditions. The applicant shall post cash, <br />letter of credit, or other security satisfactory to the Planning Director in the <br />amount of $5,000 for each tree required to be preserved, up to a maximum <br />of $25,000. This cash bond or security shall be retained for one year <br />following acceptance of public improvements or completion of <br />construction, whichever is later, and shall be forfeited if the trees are <br />destroyed or substantially damaged, The trees along the south side of Rose <br />Avenue and the west side of Rose Lane shall be preserved in accordance <br />with the preservation measures included in the project tree assessment and <br />tree report. <br /> <br />30.) This development plan shall be of no further validity and the applicant shall <br />be required to submit the same or new development plan for City approval <br />prior to development of the site in the event that the applicant fails to record <br />a final map within two years ofPUD approval. <br /> <br />3 L) The developer acknowledges that the City of Pleasanton does not guarantee <br />the availability of sufficient sewer capacity to serve this development by <br />the approval of this case, and that the developer agrees and acknowledges <br />that building permit approval may be withheld if sewer capacity is found by <br />the City not to be available. <br /> <br />32,) This approval does not guarantee the availability of sufficient water to serve <br />the project. The City shall withhold building permits for the project if at <br />the time building permits are applied for, mandatory water rationing is in <br />effect, unless the City has adopted a water offset program and unless the <br />developer is participating in the program. Notwithstanding the developer's <br />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 <br />application of building permits. <br /> <br />PUD-99-05 <br /> <br />Planning Commission <br /> <br />Page 6 <br />