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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 /> 1. 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 /> for 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. <br /> Page 1 <br />