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<br />Resolution No. PC-97-90 <br />Page 21 <br /> <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 />77. 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 />78. This development plan shall be of no further validity and the applicant shall be required to <br />submit the same or new development plan for City approval prior to development of the <br />site in the event that the following occur: <br /> <br />a. The applicant fails to receive growth management approval within 2 1/2 <br />years ofPUD approval, or <br /> <br />b. Subsequent to such approval, the applicant allows the growth management <br />approval to lapse. <br /> <br />79. 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 />{end} <br />