ORD 1938 - Laserfiche WebLink

Ordinance No. 1938 Page 9 of 17 Failure to comply with these requirements may result in a "stop-work" order. 31. If grading or tree removal is to occur during the raptor-nesting season (February 1 to August 31), a focused survey for raptor nests shall be conducted by a qualified biologist during the nesting season. The survey shall be conducted no less than 14 days and no more than 30 days prior to the beginning of grading or tree removal. If nesting raptors are found during the focused survey, no grading or tree removal shall occur within 500 feet of an active nest until the young have fledged (as determined by a qualified biologist), or until the project applicant receives written authorization from California Department of Fish and Game to proceed. If the removal of nest trees is unavoidable, they shall be removed during the non-breeding season. 32. Prior to the demolition of any existing structure located on the subject property, the project developer shall have the structures examined for the presence of bats; if found, the developer shall prepare an appropriate mitigation plan for review and approval by the Planning Director prior to any demolition work. 33. Prior to the demolition of any existing structure located on the subject property, the project developer shall have the structures examined for the presence of lead, lead- based paint, and/or asbestos by a qualified environmental professional. If lead and/or asbestos are found to be present, demolition of these structures shall be conducted in accordance with the applicable requirements of the California Department of Industrial Relations (Cal-OSHA) for lead, and Cal OSHA and the Bay Area Air Quality Management Board (BAAQMD for asbestos. The project developer shall provide to the Planning Director a follow-up report within thirty (30) days after demolition of the structures is completed. 34. The project developer acknowledges that the City of Pleasanton does not guarantee the availability of sufficient sewer capacity to serve this development by the approval of this case, and that the project developer agrees and acknowledges that building permit approval may be withheld if sewer capacity is found by the City not to be available. 35. This approval does not guarantee the availability of sufficient water to serve the project. The City shall withhold building permits for the project if at the time building permits are applied for, mandatory water rationing is in effect, unless the City has adopted a water offset program and unless the project developer is participating in the program. Notwithstanding the project developer's participation in such a program, the City may withhold building permits if the City determines that sufficient water is not available at the time of application of building permits. 36. The project developer shall work with the Pleasanton Unified School District and the City Planning Director to develop a program, in addition to the school impact fees required by State law and local ordinance, to off-set this project's long-term effect on school facility needs in Pleasanton. This program shall be designed to fund school facilities necessary to offset this project's reasonably related effect on the long-term need for expanded school facilities to serve new development in Pleasanton. The method and manner for the provision of these funds and/or facilities shall be approved by the City and in place prior to approval of the final map. In no event shall construction commence unless the above method and manner for the provision of these funds and/or facilities has been approved by the City. 9