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resource, the resource shall be either avoided, if feasible, or recovered consistent <br /> with the requirements of the State CEQA Guidelines. In the event of discovery or <br /> recognition of any human remains in any on-site location, there shall be no further <br /> excavation or disturbance of the site or any nearby area reasonably suspected to <br /> overlie adjacent remains until the County coroner has determined, in accordance <br /> with any law concerning investigation of the circumstances, the manner and cause <br /> of death and has made recommendations concerning treatment and dispositions of <br /> the human remains to the person responsible for the excavation, or to his/her <br /> authorized representative. A similar note shall appear on the improvement plans. <br /> 54.The applicants shall submit a written dust control plan or procedure as part of the <br /> improvement plans. <br /> Planning <br /> 55.The PUD development plan covered by this approval shall be in substantial <br /> conformance to the development plans, Exhibit B, dated "Received April 21, 2016," <br /> on file with the Planning Division, except as modified by these conditions. Minor <br /> changes to the plans may be allowed subject to the approval of the Director of <br /> Community Development if found to be in substantial conformance to the approved <br /> exhibits. <br /> 56.To the extent permitted by law, the project applicants shall defend (with counsel <br /> reasonably acceptable to the City), indemnify and hold harmless the City, its City <br /> Council, its officers, boards, commissions, employees and agents from and against <br /> any claim (including claims for attorneys fees), action, or proceeding brought by a <br /> third party against the indemnified parties and the project applicants to attack, set <br /> aside, or void the approval of the project or any permit authorized hereby for the <br /> 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 <br /> defend any such action with attorneys of its choice. <br /> 57.The applicants shall work with the Pleasanton Unified School District (PUSD) to <br /> develop a program to offset this project's long term effect on school facility needs in <br /> Pleasanton in addition to the school impact fees required by State law. This <br /> program shall be designed to fund school facilities necessary to offset this project's <br /> reasonably related effect on the long-term need for expanded school facilities. The <br /> method and manner for the provision of these funds and/or facilities shall be <br /> approved by the PUSD and in place prior to building permit issuance. Written proof <br /> of compliance with this condition shall be provided by Applicant to the City, on a form <br /> generated by the PUSD, prior to building permit issuance. <br /> 58.Only gas fireplaces, pellet fueled wood heaters or EPA certified wood-burning <br /> appliances may be installed inside or outside the homes. <br /> PUD-116, Berlogar Page 16 <br />