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65. The project developer shall submit a dust control plan or procedure as part of the improvement plans. Planning Division 66. Development shall be substantially as shown on the development plans, Exhibit B dated "Received March 9, 2016," single - family GreenPoint Checklist, and related materials such as Tree Report Altieri Property by HortScience, Updated Seismic Hazards Evaluation by Engeo, Investigation of Potential Waters of the United States Rose Avenue Project by Live Oak Associates, Inc., Altieri Property, Pleasanton, CA Environmental Noise Assessment by Illingworth & Rodkin, Inc., Corral de Tierra Driving Range Golf Ball Trajectory Study by Tanner Consulting Group, Visual Simulation by Environmental Vision, on file with the Planning Division, except as modified by these 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 with the approved exhibits. 67. To the extent permitted by law, the project applicant shall defend (with counsel reasonably 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 project 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 attorneys fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 68. The applicant/project developer shall work with the Pleasanton Unified School District (PUSD) to develop a program to offset this project's long term effect on school facility needs in Pleasanton in addition to the school impact fees required by State law. This program shall be designed to fund school facilities necessary to offset this project's reasonably related effect on the long -term need for expanded school facilities. The method and manner for the provision of these funds and /or facilities shall be approved by the PUSD and in place prior to building permit issuance. Written proof of compliance with this condition shall be provided by Applicant to the City, on a form generated by the PUSD, prior to building permit issuance. 69. Prior to building permit submittal, a list of the green building measures used in the design of the unit covered by this approval shall be provided to the Planning Division for the review and approval by the Director of Community Development. The homes covered by this approval shall be designed to achieve a "certified rating" of a minimum of 50 total points, achieving at least the minimum points in each category, using BuildltGreen's current GreenPoints rating system. 12 of 27