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57.The project developer shall submit a dust control plan or procedure as part of the <br /> improvement plans. <br /> Planning Division <br /> 58. Development shall be substantially as shown on, Exhibit B, the development plans, dated <br /> "Received January 26, 2016," single-family GreenPoint Checklist, noise assessment <br /> report, arborist report, health assessment report, and geotechnical investigation report, <br /> dated "October 12, 2015," on file with the Planning Division, except as modified by these <br /> conditions. Minor changes to the plans may be allowed subject to the approval of the <br /> Director of Community Development if found to be in substantial conformance with the <br /> approved exhibits. <br /> 59. To the extent permitted by law, the project applicant shall defend (with counsel <br /> reasonably acceptable to the City), indemnify and hold harmless the City, its City Council, <br /> its officers, boards, commissions, employees and agents from and against any claim <br /> (including claims for attorneys fees), action, or proceeding brought by a third party against <br /> the indemnified parties and the project applicant to attack, set aside, or void the approval <br /> of the project or any permit authorized hereby for the project, including (without limitation) <br /> reimbursing the City its attorneys fees and costs incurred in defense of the litigation. The <br /> City may, in its sole discretion, elect to defend any such action with attorneys of its <br /> choice. <br /> 60. The applicant shall work with the Pleasanton Unified School District (PUSD) to develop a <br /> program to offset this project's long term effect on school facility needs in Pleasanton in <br /> addition to the school impact fees required by State law. This program shall be designed <br /> to fund school facilities necessary to offset this project's reasonably related effect on the <br /> long-term need for expanded school facilities. The method and manner for the provision <br /> of these funds and/or facilities shall be approved by the PUSD and in place prior to <br /> building permit issuance. Written proof of compliance with this condition shall be provided <br /> by Applicant to the City, on a form generated by the PUSD, prior to building permit <br /> issuance. <br /> 61. Prior to building permit submittal, a list of the green building measures used in the design <br /> of the unit covered by this approval shall be provided to the Planning Division for the <br /> review and approval by the Director of Community Development. The proposed homes <br /> covered by this approval shall be designed to achieve a "certified rating" of a minimum of <br /> 50 total points, achieving at least the minimum points in each category, using <br /> Build ltGreen's current GreenPoints rating system. <br /> The green building measures shall be shown on one of the first two pages of the plans <br /> submitted for issuance of a building permit. Each point identified shall have a notation <br /> indicating the sheet the point can be found, and each sheet shall note where the <br /> point is located. All proposed green building measures shall be shown throughout the <br /> plan set, as appropriate, as determined by the Director of Community Development. <br /> Case No. PUD-115, 11249 Dublin Canyon Planning Commission <br /> Page 11 of 24 <br />