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consistent with the requirements of Appendix K of the State CEQA Guidelines. In the event of
<br /> discovery or recognition of any human remains in any on-site location, there shall be no further
<br /> excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent
<br /> remains until the County coroner has determined, in accordance with any law concerning
<br /> investigation of the circumstances, the manner and cause of death and has made recommendations
<br /> concerning treatment and dispositions of the human remains to the person responsible for the
<br /> excavation, or to his/her authorized representative. A similar note shall appear on the improvement
<br /> plans.
<br /> Planning
<br /> 51. To the extent permitted by law, the project applicant shall defend (with counsel reasonably acceptable
<br /> to the City), indemnify and hold harmless the City, its City Council, its officers, boards, commissions,
<br /> employees and agents from and against any claim (including claims for attorneys fees), action, or
<br /> proceeding brought by a third party against the indemnified parties and the project applicant to attack,
<br /> set aside, or void the approval of the project or any permit authorized hereby for the project, including
<br /> (without limitation) reimbursing the City its attorneys fees and costs incurred in defense of the
<br /> litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its
<br /> choice.
<br /> 52. Prior to issuance of a building permit, the developer shall pay the required commercial development
<br /> school impact fee as prescribed by state law and as adopted by the Pleasanton Unified School
<br /> District.
<br /> 53. The proposed restaurant shall be relocated, operated and maintained in substantial conformance to
<br /> the development plans and supportive materials, Exhibit A, dated "Received April 20, 2007" on file
<br /> with the Planning Division. except as modified by the conditions of approval. Minor changes to the
<br /> plans may be allowed subject to the approval of the Director of Community Development.
<br /> 54. Only gas fireplaces, pellet fueled wood heaters or EPA certified wood-burning appliances may be
<br /> installed.
<br /> 55. All conditions of approval shall be attached to all permit plan sets submitted for review and approval,
<br /> whether stapled to the plans or located on a separate plan sheet.
<br /> 56. Planning Division approval is required before any changes are implemented in site design, grading,
<br /> building design, building colors or materials, green building measures, landscape material, etc.
<br /> 57. Prior to occupancy, the landscape architect or landscape designer shall certify in writing to the
<br /> Director of Community Development that the landscaping has been installed in accordance with the
<br /> approved landscape and irrigation plans with respect to size, number, and species of plants and
<br /> overall design concept.
<br /> 58. The developer and future restaurant operator are encouraged to use reclaimed gray water, rain
<br /> water, etc., for landscape irrigation. If used, the details shall be shown on the permit plan set to the
<br /> satisfaction of the Director of Community Development before issuance of a building permit.
<br /> 59. The developer and future establishment operator are encouraged to use best management practices
<br /> for the use of pesticides and herbicides.
<br /> 60. All demolition and construction activities, inspections, plan checking, material delivery, staff
<br /> assignment or coordination, etc., shall be limited to the hours of 8:00 a.m. to 5:00 p.m., Monday
<br /> through Friday. No construction shall be allowed on State or Federal Holidays or Sundays. The
<br /> Director of Community Development may allow earlier "start times" or later "stop times" for specific
<br /> construction activities, e.g., concrete pouring. All construction equipment must meet Department of
<br /> Ordinance No. 2024
<br /> Exhibit A-1 Page 6 of 12
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