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Planning 34.The PUD development plan approval shall lapse two years from the effective date of this ordinance unless a building permit is issued and construction has commenced and is diligently pursued, or the City has approved a time extension. 35.The proposed development shall conform substantially to the project narrative, the project plans, Exhibit B, dated "Received, July 15, 2014," Arborist Report by Arbor Resources, dated "Received July 26, 2013," and Noise Assessment report by Illingworth & Rodkin, Inc. dated "Received July 15, 2014," on file with the Planning Division, except as modified by the 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 to the approved exhibits. 36.The approved building materials and colors shall be stated on the project plans submitted for issuance of building permits. 37.Prior to issuance of a building permit, the developer shall pay the required commercial development school impact fee as prescribed by State law and as adopted by the Pleasanton Unified School District. 38.All conditions of approval shall be attached to all permit plan sets submitted for review and approval, whether stapled to the plans or located on a separate plan sheet. 39.AII demolition and construction activities, inspections, plan checking, material delivery, staff assignment or coordination, etc., shall be limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. No construction shall be allowed on State or Federal Holidays, Saturdays, or Sundays. The Director of Community Development may allow earlier "start-times" or later "stop-times" for specific construction activities (e.g., concrete pouring, interior construction, etc.), if it can be demonstrated to the satisfaction of the Director of Community Development that the construction noise and construction traffic noise will not affect nearby residents or businesses. All construction equipment must meet Department of Motor Vehicles (DMV) noise standards and shall be equipped with muffling devices. Prior to construction, the applicant shall post on the site the allowable hours of construction activity. 40.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 PUD-102 3192 Santa Rita Road Conditions of Approval Page 6