ORD 2035 - Laserfiche WebLink

91. Development shall be substantially as shown on the development plans, color/material board, and related materials such as the noise analysis and greenhouse gas analysis, dated "Received March 27, 2011" Exhibit B-1, on file with the Planning Division, except as modified by these conditions. Minor changes to the plans may be allowed subject to the approval of the Director of Community Development if found to be in substantial conformance with the approved exhibits. 92. 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. 93. Residential and live/work dwelling units: The applicant shall work with the Pleasanton Unified School District (PUSD) to develop a program to offset this project's long term effect on school facility needs in Pleasanton in addition to the school impact fees required by State law. This program shall be designed to fund school facilities necessary to offset this project's reasonably related effect on the long-term need for expanded school facilities. The method and manner for the provision of these funds and/or facilities shall be approved by the PUSD and in place prior to building permit issuance. Written proof of compliance with this condition shall be provided by Applicant to the City, on a form generated by the PUSD, prior to building permit issuance. Retail Building: Prior to issuance of a building permit, the applicant shall pay the required commercial development school impact fee as prescribed by State law and as adopted by the Pleasanton Unified School District. The developer shall pay the published PUSD school impact fees and supplement fees that are in place at the time of building permit issuance. 94. Prior to building permit submittal, a list of the green building measures used in the design of the buildings, covered by this approval, shall be provided to the Planning Division for the review and approval by the Director of Community Development. The buildings covered by this approval shall be designed to achieve a "certified rating" of a minimum of 77 total points, achieving at least the minimum points in each category, using BuildltGreen's current GreenPoints rating system for new Multifamily development. The green building measures shall be shown on one of the first two pages of the plans submitted for issuance of a building permit. Each point identified shall have a notation indicating the sheet the point can be found, and each sheet shall note where the point is located. All proposed green building measures shall be shown throughout the plan set. as appropriate, as determined by the Director of Community Development. A special inspection by from the Planning Division shall be coordinated with regards to landscaping, irrigation, and exterior materials. All of the green building measures indicated on the approved checklist shall be inspected and approved by either the City of Pleasanton, a third party rater, or the applicants shall provide written verification by the project engineer, architect, landscape architect, or designer. 95. All HVAC condensing units shall be shown on the plans and shall be subject to the review and approval of the Director of Community Development prior to building permit issuance. 96. Only gas fireplaces, pellet fueled wood heaters or EPA certified wood-burning appliances may be installed. 97. The applicant shall provide garage door design and material details to the satisfaction of the Director of Community Development. The garage door details shall be included in the plans PUD-85-08-12D and P11-0856 Hacienda TOD Site 1, BRE Conditions of Approval 11 of 25 Mixed-Use Development