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3. DEPARTMENT OF FISH AND GAME: a. In carrying out the operations of the project, the applicant shall take no actions that violate the provisions of the State or Federal Endangered Species Acts or any regulations promulgated pursuant thereto. Compliance with said laws shall be the sole responsibility of the applicant, and the applicant shall agree to indemnify, defend, and hold the County harmless from and against any claim or action by affected State or Federal agencies as to the project's compliance with said laws. b. Not more than 60 days prior to construction, a professional biologist retained by the applicant shall conduct a preconstruction survey of the site for the presence of the San Joaquin kit fox. If any kit foxes are found, precautions specified in Chapter 4.2, Mitigation 4.2-4, shall be taken. C. Not more than 60 days prior to construction, a professional biologist retained by the applicant shall conduct a preconstruction survey of the site for the presence of Burrowing owls and avoid adverse impacts on Burrowing owls, if present, as specified in Chapter 4.2, Mitigation 4.2-6. 4. DEPARTMENT OF PUBLIC WORKS: a. The driveway approaches with a right-turn lane at the north entrance shall be improved in accordance with the requirements of San Joaquin County Standards R-17 and R-27 prior to issuance of the occupancy permit. (Development Title Section 9-1145.5) b. Dedicate a 42-foot-wide right-of-way from the centerline of MacArthur Drive to the property line along the frontage of APN 253-130-19. (Development Title Section 9-1150.2) C. MacArthur Drive from the north driveway to the entrance to the gravel operation lying immediately north of the project shall be upgraded structurally to provide for the difference between the present Traffic Index and the Traffic Index for the proposed development. The upgrade shall be constructed in conformance with the Improvement Standards and Specifications of the County of San Joaquin. All improvement plans and specifications must be approved by the County of San Joaquin Department of Public Works prior to approval of the Improvement Plan. (Development Title Section 9-1150.2) d. An encroachment permit shall be required for work within the road right-of-way. (Development Title Section 9A 145.2) e. The Traffic Impact Mitigation Fee will be required for this development subject to such off- setting credit, if any, for closure of Corral Hollow Landfill as may be agreed to by the County. The fee is due and payable prior to the time of building permit application. Eighty percent of the fee may be deferred over a period not to exceed five years by entering into a Deferred Traffic Impact Mitigation Fee Payment Agreement with the County. If deferred, the initial payment is 20 percent of the total fee based on $249.99 per daily trip-end generated in the Tracy area. The fee shall be automatically adjusted annually by the Engineering Construction Cost Index as published by the Engineering News Record. (Resolutions R-90-304, R-91-1025, and R-93-167) f. The applicant shall prepare an analysis of Corral Hollow Creek for a 24-hour, 100-year storm event. If necessary, berming shall be constructed to protect the site. Conditions of Approval - 3 - UP-93-4