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PUD-96 <br /> Exhibit A, Draft Conditions of Approval <br /> Commons at Pleasanton Gateway <br /> 1600 Valley Avenue (south side of the Pleasanton Gateway Shopping Center) <br /> September 3, 2013 <br /> STANDARD CONDITIONS OF APPROVAL <br /> Planning <br /> 1. The proposed development shall be in substantial conformance to Exhibit C, dated <br /> "Received, July 26, 2013," including building floor plans and elevation: for three housing <br /> types, civil drawings, conceptual yard plans, landscape plans arid plant palettes, <br /> perspectives from the 1-680 freeway, project narrative and project data, recreation center <br /> and leasing building, site sections, site plans, and street scenes, single- and multi-family <br /> GreenPoint Checklists, and related materials such as the noise analysis and traffic <br /> report, on file with the Planning Division, except as modified by the following conditions. <br /> 2. 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 any <br /> claim, action, or proceeding brought by a third party against the indemnified parties and <br /> the applicant to attack, set aside, or void the approval of the project or any permit <br /> authorized hereby for the project, including (without limitation) reimbursing the City its <br /> attorneys fees and costs incurred in defense of the litigation. The City may, in its sole <br /> discretion, elect to defend any such action with attorneys of its choice. <br /> 3. All conditions of approval shall be attached to all building permit plan check sets <br /> submitted for review and approval, whether stapled to the plans or located on a separate <br /> plan sheet. These conditions of approval shall be attached at all tines to any grading <br /> and construction plans kept on the project site. It is the responsibility of the project <br /> applicant/developer to ensure that the project contractor is aware of, and abides by, all <br /> conditions of approval. It is the responsibility of the project applicant/developer to <br /> ensure that the project landscape contractor is aware of, and adhere; to, the approved <br /> landscape and irrigation plans, and all conditions of approval. <br /> SPECIAL CONDITIONS OF APPROVAL <br /> Planning <br /> 4. The expiration date of this entitlement including the PUD development plan and its <br /> conditions shall coincide with the expiration date of the Commons at Gateway <br /> Development Agreement, dated August 14, 2013. <br /> 5. Prior approval from the Planning Division is required before any changes are made in <br /> site design, building design, landscape design, grading, etc. In lieu of a PUD <br /> Development Plan modification, the Director of Community Development may authorize <br /> the design review process for minor changes to building materials or colors, site and <br /> landscape plan modifications, and/or grading/engineering modifications, and for project <br /> sign program or modification to the approved sign program. <br /> Page 1 <br />