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231 Old Bernal Ave Page 8 PUD-152 <br />18.PROPERTY NUISANCE: At no time during construction of the project shall the condition of <br />the property become a nuisance as defined in Pleasanton Municipal Code §9.28.020. The City <br />shall have the right to inspect the property for conditions that violate the code standard. If a <br />nuisance is found, the applicant shall immediately submit a plan of correction. Depending on <br />the severity of the nuisance, the City may suspend all construction work until the condition is <br />corrected. Any of the following conditions shall be considered severe: Leaking chemicals that <br />can cause environmental damage; open excavations or any excavation deeper than 4 feet that <br />lacks proper shoring; unsecured materials that can fall to the ground causing damage or injury; <br />open or exposed utilities that could cause electrical shock or contamination of sewer, potable <br />water systems, groundwater wells, or storm drainage networks. If the applicant fails the <br />address the nuisance as directed by the City, the City shall have the right to enter the property <br />to effectuate the correction, with all costs paid by the applicant or levied as a lien against the <br />applicant’s property. <br />(Address this condition during construction) <br />19.NOISE: Construction noise is regulated under Pleasanton Municipal Code Chapter 9.04. <br />Noise is prohibited outside of the hours of 8:00 am and 8:00 pm daily except Sundays and <br />holidays when noise is prohibited outside the hours of 10:00 am and 6:00 pm. Noise is defined <br />as a level exceeding 83 dBA at a distance of 25 feet or 86 dBA at any point beyond the <br />boundary of the property under construction. If the applicant fails the address the noise as <br />directed by the City, the City shall have the right to enter the property to effectuate the <br />correction, with all costs paid by the applicant or levied as a lien against the applicant’s <br />property. Exceptions to these regulations require a special permit granted by the City for <br />circumstances when strict compliance would be impractical or unreasonable, and contingent <br />upon proper noticing to surrounding property owners that includes the dates and times when <br />noise levels will be exceeded and the specific reasons why an exception to the regulation has <br />been granted. <br />(Address this condition during construction) <br />20.GEOTECHNICAL FINAL REPORT: At the conclusion of construction, the applicant shall <br />submit to the City a final report from the Geotechnical Engineer or Certified Engineering <br />Geologist testifying to the successful completion of all material testing and/or observation <br />work performed. The final report must provide assurance that all recommendations had been <br />strictly followed. The applicant shall bear all costs associated with this condition. (Address <br />this condition prior to acceptance of improvement or issuance of an Occupancy Permit) <br />21.DAMAGE TO EXISTING PUBLIC OR PRIVATE IMPROVEMENTS: The applicant shall <br />repair damage to existing public or private improvements on and near the project site and along <br />the haul route at the applicant’s expense if caused by construction activities. <br />(Address this condition prior to acceptance of improvements or issuance of an Occupancy <br />Permit) <br />Page 324 of 373