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9. 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 attorney 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 attorney fees and costs incurred <br /> in defense of the litigation. The City may, in its sole discretion, elect to defend any <br /> such action with attorneys of its choice. <br /> 10. In no case shall the accessory dwelling unit be sold, subdivided, or held under <br /> different legal ownership from the primary residence. <br /> 11 . If the owner occupies the primary residential unit, the owner may rent the accessory <br /> dwelling unit to one party. If the owner occupies the accessory dwelling unit, the <br /> owner may rent the primary residential unit to one party. The owner may rent both <br /> the primary residential unit and the accessory dwelling unit together to one party <br /> who may not further sublease any unit(s) or portion(s) thereof. The owner shall be a <br /> signatory to any lease for the rented units. <br /> 12. The accessory dwelling unit shall comply with all applicable requirements of <br /> Pleasanton Municipal Code Chapter 18.106 Accessory and Junior Accessory <br /> Dwelling Units. A restrictive covenant shall be recorded against the lot with the <br /> Alameda County Recorder's Office prior to the issuance of a building permit <br /> regarding the city restrictions on the accessory dwelling unit. The restrictive <br /> covenant shall be subject to review and approval by the City Attorney prior to <br /> recordation. <br /> 13. The property owner shall install address signs that are clearly visible from the street <br /> during both the daytime and evening hours and which plainly indicate that two <br /> separate units exist on the lot, as required by the Fire Marshal. The applicant shall <br /> obtain the new street address for the accessory dwelling unit from the Engineering <br /> Division. <br /> Building and Safety Division <br /> 14. The accessory dwelling unit covered by this approval shall be designed and <br /> constructed to meet Title 24 state energy requirements. <br /> 15. All building and/or structural plans must comply with all codes and ordinances in <br /> effect before the Building Division will issue permits. <br /> {end} <br />ning Manager <br /> Julie Harryman, Assistant City Attorney <br /> Brian Dolan, Assistant City Manager/Acting Director of Community Development <br /> P19-0130 Planning Commission <br /> 15 of 15 <br />ength of the garage wall. Based on comments, it was modified to include a <br /> As previously noted,the project site is located in a PUD district where the underlying PUD requires a side-yard setback of <br /> 10 feet(one side)and 20 feet(combined).The existing home,as constructed, is set back 15 feet from the west property line <br /> at its closest point,a larger setback than the standards would require. The proposed addition would be built directly above the <br /> existing garage and would maintain the existing building setback. <br /> P19-0130 Planning Commission <br /> 11 of 15 <br />