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111. CONSTRUCTION PROVISIONS A. Construction activity shall not commence prior to 7:00 a.m. and shall cease by 7:00 p.m. Monday through Friday, and no construction activity is permitted on Sundays, Saturdays and Federal holidays. As provided in this City of San Leandro's Noise Ordinance (ORDINANCE NO. 2003 — 005), "construction" shall mean any site preparation, assembly, erection, substantial repair, alteration, demolition or similar action, for or on any private property, public right -of -way, streets, structures, utilities, facilities or similar property. Construction activities carried on in violation of this Article may be enforced as provided in Section 4- 11 -1130, and may also be enforced by issuance of a stop work order and/or revocation of any or all permits issued for such construction activity. B. Construction activities shall not create dust, noise, or safety hazards for adjacent properties. C. The applicant and/or property owner shall obtain an Encroachment Permit from the Engineering and Transportation Department prior to starting any work within the public right -of -way. IV. GENERAL CONDITIONS A. The site shall be well maintained and shall be kept free of litter, debris, weeds and graffiti. B. The applicant and owner of the property upon which the cellular facilities are to be installed shall cooperate with the providers of other cellular, personal communication or similar communication systems for the co- location of facilities including similar antenna facilities, if such co- location is feasible and will not interfere with other co- located facilities, as reasonably determined by the City of San Leandro. In the event the applicant and/or property owner fails to cooperate with the co- location of other communication facilities, such refusal or lack of cooperation shall be grounds for termination/revocation of the use permit approval granted herein. C. The approvals granted by the City as a result of this application, as well as the Conditions of Approval, shall be recorded in the Office of the County Recorder of Alameda County. D. No application for amendment of the application or Conditions of Approval may be accepted or submitted for processing by the City unless (i) there is full compliance with all terms of the application and Conditions of Approval; or (ii) the Development Services Director waives compliance with the terms of the application and Conditions of Approval pending application for the amendment. E. Pursuant to Zoning Code Section 5 -2218, this approval shall lapse on December 2, 2011 unless a) a building permit has been issued, coupled with diligent progress evidencing a good faith intent to commence the intended use, or b) a written request Agreement to Conditions December 2, 2010 PLN20I0 -00046 Page 4 of 5