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PUD -96
<br />Exhibit A, 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 />The proposed development shall be in substantial conformance to Exhibit C, dated
<br />"Received, July 26, 2013," including building floor plans and elevations for three housing
<br />types, civil drawings, conceptual yard plans, landscape plans and 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 report,
<br />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 reasonably
<br />acceptable to the City), indemnify and hold harmless the City, its City Council, its officers,
<br />boards, commissions, employees and agents from and against any claim, action, or
<br />proceeding brought by a third party against the indemnified parties and the applicant to
<br />attack, set aside, or void the approval of the project or any permit authorized hereby for
<br />the project, including (without limitation) reimbursing the City its attorneys fees and costs
<br />incurred in defense of the litigation. The City may, in its sole discretion, elect to defend
<br />any such action with attorneys of its choice.
<br />3. All conditions of approval shall be attached to all building permit plan check sets submitted
<br />ifor review and approval, whether stapled to the plans or located on a separate plan sheet.
<br />These conditions of approval shall be attached at all times to any grading and construction
<br />plans kept on the project site. It is the responsibility of the project applicant/developer to
<br />ensure that the project contractor is aware of, and abides by, all conditions of approval. It
<br />is the responsibility of the project applicant/developer to ensure that the project landscape
<br />contractor is aware of, and adheres to, the approved landscape and irrigation plans, and
<br />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 site
<br />design, building design, landscape design, grading, etc. In lieu of a PUD Development
<br />Plan modification, the Director of Community Development may authorize the design
<br />review process for minor changes to building materials or colors, site and landscape plan
<br />modifications, and /or grading /engineering modifications, and for project sign program or
<br />modification to the approved sign program.
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