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91. Prior to issuance of a building permit, the developer shall pay the required commercial <br /> development school impact fee as prescribed by state law and as adopted by the <br /> Pleasanton Unified School District. <br /> 92. To the extent permitted by law, the project applicant shall defend (with counsel <br /> reasonable 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 (including claims for attorneys fees), action, or proceeding brought by a third party <br /> against the indemnified parties and the applicant to attack, set aside, or void the <br /> approval of the project or any permit authorized hereby for the project, including (without <br /> limitation) reimbursing the City its attorneys fees and costs incurred in defense of the <br /> litigation. The City may, in its sole discretion, elect to defend any such action with <br /> attorneys of its choice. <br /> 93. All conditions of approval shall be attached to all permit plan sets submitted for review <br /> and approval, whether stapled to the plans or located on a separate plan sheet. <br /> 94. Planning Division approval is required before any changes are implemented in site <br /> design, grading, building design, exterior colors or materials, landscape material, etc. <br /> 95. The project developer must provide to the Director of Community Development a <br /> building height certification performed by a licensed land surveyor or civil engineer. Said <br /> certification must allow for the installation of finished roof materials and must meet the <br /> approved building height. <br /> 96. The approved building materials and colors shall be stated on the plans submitted for <br /> issuance of building permits. <br /> 97. Portable toilets used during construction shall be kept as far as possible from existing <br /> residences and shall be emptied on a regular basis as necessary to prevent odor. <br /> STANDARD CONDITIONS OF APPROVAL <br /> Landscaping <br /> 98. The project developer shall enter into an agreement with the City, approved by the City <br /> Attorney, which guarantees that all landscaping and open space areas included in this <br /> project will be maintained at all times in a manner consistent with the approved <br /> landscape plan for this development. Said agreement shall run with the land for the <br /> duration of the existence of the structures located on the subject property. <br /> 99. Six-inch vertical concrete curbs shall be installed between all paved and landscaped <br /> areas, except on the outside edges of landscape islands along the car carrier and trash <br /> truck routes, where rollover curbs are acceptable if they are not adjacent to a pedestrian <br /> walkway. <br /> 100. The project developer shall provide root control barriers and four inch perforated pipes <br /> for parking lot trees, street trees, and trees in planting areas less than ten feet in width, <br /> as determined necessary by the Director of Community Development at the time of <br /> review of the final landscape plans. <br /> 25 <br />