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Planning <br /> 55.The proposed development shall be in substantial conformance to Exhibit B, dated <br /> "Received, September 20, 2011," on file with the Planning Division, except as <br /> modified by the following conditions. Minor changes to the plans may be allowed <br /> subject to the approval of the Director of Community Development. <br /> 56.The PUD Development Plan shall lapse two years from the effective date of this <br /> ordinance unless a building permit is issued and construction has commenced and <br /> is diligently pursued toward completion. <br /> 57.To the extent permitted by law, the project applicant shall defend (with counsel <br /> reasonably acceptable to the City), indemnify and hold harmless the City, its City <br /> Council, its officers, boards, commissions, employees and agents from and against <br /> any claim, action, or proceeding brought by a third party against the indemnified <br /> parties and the applicant to attack, set aside, or void the approval of the project or <br /> any permit authorized hereby for the project, including (without limitation) <br /> reimbursing the City its attorneys fees and costs incurred in defense of the litigation. <br /> The City may, in its sole discretion, elect to defend any such action with attorneys of <br /> its choice. <br /> 58.Prior to issuance of a building permit, the developer shall pay the required <br /> commercial development school impact fee as prescribed by state law and as <br /> adopted by the Pleasanton Unified School District. <br /> 59.AII HVAC condensing units shall be located on the plans. <br /> 60.Only gas fireplaces, pellet fueled wood heaters or EPA certified wood-burning <br /> appliances may be installed. <br /> 61.All conditions of approval shall be attached to all permit plan sets submitted for <br /> review and approval, whether stapled to the plans or located on a separate plan <br /> sheet. <br /> 62.Prior to occupancy, the landscape architect or landscape designer shall certify in <br /> writing to the Director of Community Development that the landscaping has been <br /> installed in accordance with the approved landscape and irrigation plans with <br /> respect to size, number, and species of plants and overall design concept. <br /> 63.Before project final, all landscaping shall be installed, review, and approved by the <br /> Planning Division. <br /> 64.The project developer must provide to the Director of Community Development a <br /> building height certification performed by a licensed land surveyor or civil engineer. <br /> Page 9 of 21 <br />