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Resolution No. PC-2021-07 <br /> Page Eight <br /> THIS APPROVAL IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS: <br /> 1. APPROVAL AND REVISIONS: The proposed development shall be in substantial <br /> conformance with the "Approved Plans", except as modified by the following conditions. <br /> Minor 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 with the approved <br /> exhibits. Planning Division approval is required before any changes are implemented in <br /> site design, grading, architectural design, house colors or materials, green building <br /> measures, landscape material, etc. <br /> 2. EXPIRATION — NON-RESIDENTIAL PUD: The expiration date for the PUD development <br /> plan approval shall be in accordance with the time limits indicated in project's <br /> Development Agreement. <br /> 3. CONDITIONS OF APPROVAL CHECKLIST: The applicant shall submit a "Conditions of <br /> Approval Checklist" indicating all conditions in Exhibit B have been satisfied, incorporated <br /> into the building permit plans or improvements plans, and/or addressed. Said checklist <br /> shall be incorporated as one of the first four plan sheets of all building permit and <br /> engineering permit plan submittals for review by the City prior to issuance of permits. <br /> 4. PUD PERIOD: Any building permit submittal will only be accepted after the ordinance <br /> approving the Planned Unit Development (PUD) development plan becomes effective, <br /> unless the applicant submits a signed statement acknowledging the plan check fees may <br /> be forfeited in the event the ordinance is overturned. In no case will a building permit be <br /> issued prior to the PUD ordinance being in effect. <br /> 5. LIABILITY AND INDEMNIFICATION: To the extent permitted by law, the project applicant <br /> shall hold harmless, defend (with counsel acceptable to the City), and indemnify the City, <br /> its City Council, its officers, commissions, employee and agents from and against any <br /> claim, action, or proceeding brought by a third party against the indemnified parties <br /> and/or the applicant to attack, set aside, or void the approval of the project or any permit <br /> authorized hereby for the project, including without limitation, reimbursing the City its <br /> attorneys' fees and costs incurred in defense of the litigation. The City may, in its sole <br /> discretion, elect to defend any such action with attorneys of its choice. <br /> PLANNING DIVISION — 925-931-5600 <br /> 6. MITIGATION MEASURES: All mitigation measures (16) listed within the Initial <br /> Study/Mitigated Negative Declaration prepared for the project by First Carbon Solutions <br /> dated April 5, 2021, and on file with the Planning Division are hereby incorporated as <br /> conditions of approval for the project and shall be adhered to and/or fully complied with to <br /> the satisfaction of the Director of Community Development. (Project Specific Condition) <br />ing <br /> structures, and subsequent phases of the project would be subject to Planning Commission <br /> Design Review to ensure massing, scale and design of buildings is harmonious with the <br /> surrounding area. New landscaping including large box-sized trees would be installed to <br /> mitigate the loss of the existing landscaping and trees. Therefore, it is recommended the <br /> City Council make this finding. <br /><br /> uses to support Pleasanton's increasing business activity. It is recommended the City <br /> Council find the proposed development plan is consistent with the City's General Plan, and <br /> this finding can be made. <br /> November 18, 2020 <br />Approvals or that could prevent or <br /> 4412928_2 -10- <br /> the Project, which list shall include the following items: <br /> 4412928_2 -8- <br />