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Conditions of Approval <br /> UP 88-19 <br /> Page -31- <br /> b. Bay Cities, together with the developer of the adjacent <br /> industrial projects which rely on the use of the <br /> Tri-State/Cheng site to treat and dispose of wastewater, <br /> will mitigate the impacts upon endangered or threatened <br /> species habitat in connection with the construction of <br /> the proposed off-site water and wastewater <br /> treatment/disposal systems on the Tri-State/Cheng <br /> parcels, and the ultimate development for other purposes <br /> of such property, by complying with the terms of an <br /> agreement between Bay Cities and the California <br /> Department of Fish and Game. Such agreement requires <br /> that Bay Cities, in addition to the funding of the <br /> 'Habitat Conservation Plan described in Section 9.a. <br /> above, will acquire fee simple title or specific <br /> conservation easements applicable to approximately 390 <br /> acres in the western San Joaquin County area which are <br /> deemed by the Department to consist of valuable <br /> endangered species habitat, subject to the maximum <br /> financial obligation of the applicant agreed to by the <br /> Department of Fish and Game with respect to the <br /> acquisition of endangered species habitat, which limit <br /> has been communicated to the County. The intent of this <br /> measure is to provide approximately a 3 to 1 ratio of <br /> habitat protection for each acre impacted by development <br /> of the Tri-State/Cheng site, excluding those portions of <br /> such property which the Department has agreed do not <br /> require habitat mitigation measures. Implementation of <br /> this habitat mitigation measure shall be reviewed during <br /> the annual mitigation monitoring program. <br /> Building permits for any of Bay Cities buildings shall <br /> not be issued until the $200, 000 for the Kit Fox Habitat <br /> Conservation. Plan has been deposited with the State or <br /> with the County. Certificates for occupancy shall not be <br /> issued for any of Bay Cities buildings until completion <br /> of Safeway's obligations with respect to the mitigation <br /> measures in accordance with the terms of the agreement <br /> between Safeway and California Department of Fish and <br /> Game. <br /> C. The following on-site mitigation measures shall be <br /> implemented during the construction and pre-construction <br /> period: <br /> (1) Protect the "Patterson Pass run" woodland habitat <br /> area on the Tri-State/Cheng site from direct <br /> disturbance by incorporating the area into the <br />