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Mr. Deike October 5, 2011 Page Two Based upon the above fact and that your proposed fencing meets all of the necessary yard requirements as outlined in the Pleasanton Zoning Ordinance, the Zoning Administrator approves your application. The fencing is approved with the following conditions: 1. The fencing shall conform substantially to the elevation and site plans, marked Exhibit B, dated 'Received August 18, 2011," on file at the Planning Division. Minor changes to the plans may be allowed subject to the approval of the Zoning Administrator if found to be in substantial conformance to the approved exhibits. 2. If agreeable to the property owner of 3656 Carlsbad Way, the applicant shall either: a. remove and replace the approximately 16-foot long section of rear property line fence between 3633 Glacier Ct. and 3656 Carlsbad Way with a new property line fence matching the design, materials, and height of the existing rear yard fence at 3642 Carlsbad Way; or b. install a new, approximately 16-foot long section of fence on 3633 Glacier Ct. matching the design, materials, and height of the existing rear yard fence at 3642 Carlsbad Way. Said new fence shall be located immediately adjacent (as feasible to construct) to the existing rear property line fence between 3633 Glacier Ct. and 3656 Carlsbad Way. If either of the above options is not agreeable to the property owner of 3656 Carlsbad Way, then the applicant is not required to install the fence in either option. No later than 5:00 pm October 11, 2011, the applicant shall provide the Planning Division with written confirmation from the property owner of 3656 Carlsbad Way indicating which option she would prefer or if she is not agreeable to either option. If the property owner of 3656 Carlsbad Way is agreeable to either option, then the new fence shall be installed by the applicant within 60 days of the effective date of this approval. Prior to construction of the new fence, the applicant shall submit a fence plan to the Zoning Administrator for review and approval and shall obtain a building permit. 3. To the extent permitted by law, the project applicant shall defend (with counsel reasonable acceptable to the City), indemnify and hold harmless the City, its City Council, its officers, boards, commissions, employees and agents from and against any claim (including claims for attorneys fees), action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void the approval of the project or any permit authorized hereby for the project, including (without limitation) reimbursing the City its attorneys fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 4. All site improvements and construction activities shall be limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday. All construction equipment must meet DMV noise standards and shall be equipped with muffling devices. No construction activities shall be allowed on Federal holidays. 5. All appropriate City permits for the existing fencing shall be obtained within 30-days of this approval. You may apply for a building permit after completion of the design review procedure's 15-day appeal period. In no case will a budding permit be issued before the end of the appeal period. At the time of building permit submittal, you must: