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<br />Resolution No. PC-96-70 <br />Page 9 <br />41. 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 />42. 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 />43. 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 />44. No trees shall be removed other than those specifically designated for removal on the <br />approved plans or tree report. The applicants shall post cash, letter of credit, or other <br />security satisfactory to the Planning Director in the amount of $5,000 for each tree <br />required to be preserved, up to a maximum of $25,000. This cash bond or security shall <br />be retained for one year following acceptance of public improvements or completion of <br />construction, whichever is later, and shall be forfeited if the trees are destroyed or <br />substantially damaged. Protective chain link or nylon fencing shall be installed around <br />the existing palm and acacia trees to be saved during all construction activities. In <br />addition, the following tree preservation methods shall be followed: <br /> <br />a.) The applicants shall utilize their best efforts to locate all new utility trenches <br />outside the dripline of the existing trees. If this is not feasible, then the applicants shall <br />submit a report from a certified arborist acceptable to the City that indicates the trenching <br />will not be detrimental to the health of the trees. <br /> <br />b.) No oil, gasoline, chemicals, or other harmful materials shall be deposited or <br />disposed within the dripline of the trees or in drainage channels, swales, or areas that may <br />lead to the dripline. <br /> <br />c.) No signs, wires, or ropes shall be attached to the trees. <br />