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Glen Dawson, Art of Problem Solving, PUD-80-16-17M
<br /> February 26, 2019
<br /> Page Two
<br /> 2. 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
<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 applicant to attack,set aside, or
<br /> void the approval of the project or any permit authorized hereby for the project,
<br /> 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 /> 3. Except as modified by Conditions 1 through 2 above, all conditions of Cases
<br /> PUD-80-16 through PUD-80-16-16M shall remain in full force and effect.
<br /> Any interested party may file an appeal of this approval within 20 days of the date of
<br /> approval. Further, per Pleasanton Municipal Code section 18.68, the City Council may elect to
<br /> review this action within 20 days following the date of approval, or at its next regular meeting
<br /> (March 5, 2019), whichever is later. Therefore, approval of the Planned Unit Development
<br /> (PUD) Minor Modification will become effective on March 19,2019, unless appealed prior to
<br /> that time. Such an appeal would be subject to a public hearing before the Planning Commission
<br /> and City Council.
<br /> If you have any questions with regard to this matter, please do not hesitate to give me a call.
<br /> cerely,
<br /> L,
<br /> Ellen Clark
<br /> Planning Manager
<br /> c: Jason Hammerman, Franklin Partners, LP, 1232 Rose Lane, Lafayette, CA 94549
<br /> Kristina Romero, KG Investment Properties, 5000 Hopyard Road, Suite 260,
<br /> Pleasanton, CA 94588
<br /> Dave Ayres, Hereld &Ayres Architects, 1039 Serpentine Lane, Ste D
<br /> Pleasanton,CA 94566
<br />t center Traffic Engineering
<br /> 025)931-5600 025)931-5300 0251931-5620 (925)931-5630 (925)931-5677
<br /> Fax:. 931-5483 Fax: 431-5478 Fax: 931-548 Fax: 931-5470 Fax: 931-5487
<br /> Planning Commission if judged to be substantial.
<br /> 9. CONDITIONAL USE PERMIT REVIEW: If the operation of this use results in conflicts
<br /> pertaining to parking, noise, traffic/circulation; or other factors, at the discretion of the
<br /> Director of Community Development, this conditional use permit may be submitted to the
<br /> Planning Commission for their subsequent review at a public hearing. If necessary, the
<br /> Planning Commission may modify or add conditions of approval to mitigate such
<br /> impacts, or may revoke said conditional use permit.
<br /> 10. SIGNAGE: This approval does not include approval of any signage for the Art of
<br /> Problem Solving Academy. If signs are desired, The Art of Problem Solving Academy
<br /> shall submit a sign proposal to the Planning Division for review and approval prior to sign
<br /> installation.
<br /> P19-0008 Planning Commission
<br /> Page 2 of 3
<br />and adoption
<br /> unless appealed prior to that time.
<br />transportation to pick up students from local schools). Staff has determined that the
<br /> proposed hours of operation and the associated number of attendees would not have a
<br /> significant impact on existing traffic levels. However, should the applicant wish to increase the
<br /> P19-0008, 5200 Franklin Drive Planning Commission
<br /> 7 of 11
<br />l identify where hand
<br /> excavation may be required. Motorized equipment shall not be used within the TREE
<br /> PROTECTION ZONE.
<br /> 3. Prior to excavation for the demolition and construction the tree may require root pruning
<br /> outside the TREE PROTECTION ZONE by cutting all roots cleanly to the depth of
<br /> construction. Roots will be exposed by either: pulling soil away from the tree by digging
<br />, normally 54"above grade. A multi-branched tree, which has
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