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• Mr. Baker October 27, 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 31, 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. Prior to the issuance of building permit, the applicant shall show on the site plan that additional landscaping that will grow to the height of the fence and will be planted along the southeast corner of the property. The plant location, species, size, and quantity shall be specified on the site plan and is subject to the review and approval by the Director of Community Development. Said landscaping shall be planted prior to the final inspection of the fence. 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 building permit be issued before the end of the appeal period. At the time of building permit submittal, you must: a. submit a completed and signed Building Permit Questionnaire (attached) to the PLANNING DIVISION; and b. present a copy of this letter to the Building Division along with required plans. If you have any questions about building permit fees or the building permit process, please contact the Building and Safety Division at (925) 931-5300. This approval will become effective on November 10,2011, unless appealed prior to that time. Design review approval shall lapse and become void one year following the effective date of project approval, unless prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion, or an extension has been approved by the City.