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4. PUD PERIOD: The building permit submittal will only be accepted after the ordinance approving <br /> the Planned Unit Development (PUD) development plan becomes effective, unless the applicant <br /> submits a signed statement acknowledging the plan check fees may be forfeited in the event the <br /> ordinance is overturned. In no case will a building permit be issued prior to the PUD ordinance <br /> being in effect. <br /> 5. LIABILITY AND INDEMNIFICATION: To the extent permitted by law, the project applicant shall <br /> hold harmless, defend (with counsel acceptable to the City), and indemnify the City, its City <br /> Council, its officers, commissions, employee and agents from and against any claim, action, or <br /> proceeding brought by a third party against the indemnified parties and/or the applicant to attack, <br /> set aside, or 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 incurred in defense <br /> of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys <br /> of its choice. <br /> PLANNING DIVISION — 925-931-5600 <br /> Site Development and Building Design <br /> 6. DEVELOPMENT STANDARDS: Primary and secondary structures and uses on Parcel A (Dennis <br /> Drive) shall be those of the R-1-20,000 District and Parcel B (2207 Martin Avenue) shall be those <br /> of the R-1-40,000 District of the Pleasanton Municipal Code. Project specific condition. <br /> 7. Garages shall not be modified or used for storage in a manner that would interfere with the ability <br /> to park cars within the garages and each resident shall utilize the garages for parking of vehicles <br /> only. Project specific condition. <br /> 8. BUILDING MATERIALS AND COLORS: The building materials and colors in the Approved Plans <br /> shall be stated on the building permit plans. <br /> 9. PAVING MATERIALS: The color, material, design, and product specifications for the paving <br /> materials used on-site shall be in conformance with the Approved Plans and included with the <br /> building permit submittal. Any proposed modifications to the final paving design details shall be <br /> subject to review and approval by the Planning Division prior to issuance of building permits. <br /> 10. WINDOWS: Manufacturer type, design, material, and installation details for all windows within the <br /> project shall be specified for each unit/building in conformance with the Approved Plans in the <br /> building permit submittal. Any proposed modifications shall be subject to review and approval by <br /> the Planning Division prior to issuance of building permits. <br /> 11. FENCE/WALL: All fencing and walls shall be shown on the construction plans with the building <br /> permit submittal. The design and location must be approved by the Planning Division and comply <br /> with all setback requirements. <br /> 12. OUTDOOR STORAGE: There is to be no outdoor storage without prior approval by the City. <br /> 13. LIGHTING PLAN: The applicant shall submit a lighting plan with the building permit submittal. <br /> The plan shall include photometric contours, manufacturer's specifications on the fixtures, and <br /> mounting heights. All exterior lighting including landscape lighting shall be directed downward and <br /> designed or shielded so as to not shine onto neighboring properties or streets. The photometrics <br /> shall be reviewed and approved by the City Traffic Engineer and Director of Community <br /> Development prior to building permit issuance. The type and location of all exterior light fixtures <br /> PUD-140 & P21-0079 City Council <br /> Page 2 of 13 <br />