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<br />34. In addition to the tree preservation measures outlined in the tree report prepared by <br />HortScience Inc. dated June 28, 2006, the following tree preservation methods shall be <br />followed during construction of the site. These methods shall be listed on the building <br />permit plans and shall include the following: <br /> <br />a. The existing California black walnut tree may not be trimmed or pruned without <br />prior approval by the Planning Director. Any City approved pruning of the existing <br />California black walnut tree shall be performed by a certified arborist. <br /> <br />b. No equipment shall be operated or stored within the dripline ofthe California black <br />walnut tree. <br /> <br />c. No trenching for utilities or irrigation shall take place within the dripline of the <br />existing California black walnut tree without prior approval by the Planning Director. <br /> <br />d. Tree protection fencing shall remain in place until completion of construction; <br />removal of such fencing prior to that time may result in a "stop work" order. <br /> <br />e. No oil, gasoline, chemicals, or other harmful materials shall be deposited or disposed <br />within the dripline of the California black walnut tree or in drainage channels, swales, <br />or areas that may lead to the dripline. <br /> <br />f. No stockpiling/storage offill, etc., shall take place underneath or within 5' of the <br />dripline ofthe existing California black walnut tree. <br /> <br />Failure to comply with any of these requirements may result in a "stop-work" order or <br />financial penalties applied. <br /> <br />35. The applicant shall enter into an agreement with the City, approved by the City Attorney, <br />which guarantees that all landscaping installed as part of this project, including <br />landscaping in the City right-of-way along the site's Rheem Drive street frontage, will be <br />maintained at all times in a manner consistent with the approved landscape plan for this <br />development. Said agreement shall run with the land for the duration of the existence of <br />the structures located on the property. <br /> <br />36. There shall be no truck deliveries, parking lot sweeping, or leaf blowing between the <br />hours of 8:00 p.m. and 8:00 a.m. <br /> <br />37. All construction activities shall be limited to the hours of8:00 a.m. to 5:00 p.m., Monday <br />through Friday. In addition, no construction shall be allowed on Federal Holidays. The <br />Planning Director may allow earlier "start-times" for specific construction activities (e.g., <br />concrete-foundation/floor-pouring), ifit can be demonstrated to the satisfaction of the <br />Planning Director that the construction and construction traffic noise will not affect <br />nearby residents. All construction equipment must meet Department of Motor Vehicles <br />(DMV) noise standards and shall be equipped with muffling devices. <br /> <br />6 <br />