PC-2009-40, PUD-70, SAN JOSE ARENA MANAGEMENT

Pleasanton itself, lacking assurance of mitigation funding from projects that may be approved by other jurisdictions. In the event that a mutually agreed upon strategy is not reached, then mitigation of the Project's contribution to the impacted intersection or roadway segment would be infeasible, and the impact would be considered significant and unavoidable. Based on this cooperative agreement, the Project Developer will pay its share of costs of improvements in question in proportion to the benefits received. The fair share costs will be contributed to the local agency that has entered into an agreement with the City of Pleasanton when the local agency is ready to implement the improvements at issue, provided the aforementioned strategy has been mutually agreed upon by the City of Pleasanton and such other local agency. This condition requires no action by San Jose Arena Management. The City of Pleasanton, and not San Jose Arena Management, shall be responsible for costs associated with this condition of approval. The actions described in this condition of approval must occur prior to the recordation of a final map for the Staples Ranch site. 18. Archaeological Resources. Prior to the issuance of a grading permit or building permit for the project, the Project Developer shall retain the services of a qualified archaeological consultant having expertise in California prehistoric archaeology. The archaeological consultant shall determine if planned development could potentially impact important archaeological resources and shall then design an appropriate archaeological monitoring program. Upon completing the archaeological monitoring program, the archaeological consultant shall submit a written report of findings first and directly to the Director of Community Development. At a minimum, the archaeological monitoring program shall include the following: a. An archaeological monitor shall be on site during native soils disturbing activities. b. The archaeological consultant shall advise all project contractors to be on the alert for evidence of expected resources, of how to identify the evidence of the expected resources, and of the appropriate protocol in the event of discovering an archaeological resource. c. The archaeological monitor shall be present on the Staples Ranch site until the Director of Community Development, in consultation with the archaeological consultant, determines that project construction activities could have no effects on significant archaeological resources. d. The archaeological monitor shall record and be authorized to collect soil samples and artifactual/ecofactual material as warranted for analysis.