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Resolution No. PC-01-36 <br />Page 5 <br /> <br />shall be granted the rights and remedies of the association, but not the obligation, <br />to enforce the maintenance responsibilities of the property owners association. A <br />copy of this agreement adding these two lots to that association and the inclusion <br />of the landscape berm into the associations' maintenance responsibilities shall be <br />provided for the review and approval of the City Attorney prior to the recordation <br />of a final map. <br /> <br />The following disclosure shall be made to all potential lot/home purchasers and <br />recorded with the deed for each individual lot: "You are hereby advised that this <br />property is located near land zoned and/or used for agricultural purposes. <br />Agricultural use is defined as including but not limited to day and night time <br />activity relating to livestock grazing, the keeping of livestock, the growing and <br />processing of agricultural crops, and any commercial agricultural practices <br />performed as incidental to or in conjunction with such operations. Some of the <br />impacts associated with agricultural use include but are not limited to noise, <br />odors, dust, chemicals, refuse, waste, unsightliness, use of agricultural equipment, <br />and traffic. Permitted agricultural pursuits conducted in accordance with good <br />practice and maintenance are not deemed by the City of Pleasanton to be a <br />nuisance." Also, the recorded deed of sale for the lots shall include a clause which <br />states that the property is in an area subject to excessive noise, dust, and vibration <br />levels from gravel harvesting and processing and that the City of Pleasanton is not <br />liable for possible damages to such impacts. This noise/dust/vibration easement <br />shall be recorded in the deed of sale and a separate disclosure statement shall be <br />provided to prospective purchasers and tenants by lot owners, developers, and <br />future successors in interest. The disclosure statement shall provide full <br />disclosure of the potential future mining operations within the Specific Plan Area. <br />Also, the recorded deed of sale for the lots shall include a disclosure statement <br />indicating the close proximity of the Plan Area to the Livermore Airport and of <br />possible impacts due to aircraft overflights. All sales brochures and <br />informational sheets shall contain these disclosures. <br /> <br />Architecture <br /> <br />The design of the custom homes shall adhere to the requirements of the design <br />guidelines approved as part of this PUD development plan, with the following <br />additions: <br /> <br />a) Porches, bay windows, balconies, etc. should be included on the front of <br />the homes to provide an interesting streetscape and encourage neighborhood <br />interaction. <br /> <br />b) The exterior colors of the homes shall be medium to dark earthtone colors. <br /> <br />c) A list of all green building measures used in the design of the custom <br />home shall be provided for the review and approval of the Planning Director. The <br />future homes shall be made photovoltaic-friendly by increasing the roof load an <br />additional 5 lbs. per ft., including a conduit to the attic, installing a bi-directional <br />meter, and leaving adequate space for an inverter near the homes' electrical panels. <br /> <br /> <br />