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shall be incorporated as one of the first four plan sheets of all building permit and engineering permit plan submittals for review by the City prior to issuance of permits. 4. PUD PERIOD: The building permit submittal will only be accepted after the ordinance approving the Planned Unit Development (PUD) development plan becomes effective, unless the applicant submits a signed statement acknowledging the plan check fees may be forfeited in the event the ordinance is overturned. In no case will a building permit be issued prior to the PUD ordinance being in effect. 5. LIABILITY AND INDEMNIFICATION: To the extent permitted by law, the project applicant shall hold harmless, defend (with counsel acceptable to the City), and indemnify the City, its City Council, its officers, commissions, employee and agents from and against any claim, action, or proceeding brought by a third party against the indemnified parties and/or the applicant to attack, set aside, or void the approval of the project or any permit authorized hereby for the project, including without limitation, reimbursing the City its attorneys' fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. PLANNING DIVISION — 925-931-5600 Site Development and Building Design 6. GROWTH MANAGEMENT: The property owner shall apply for and receive approval of a Growth Management application prior to submitting to the Building and Safety Division for construction permits. Project specific condition. 7. DEVELOPMENT STANDARDS: Primary and secondary structures and uses shall be those of the R-1-40,000 District of the Pleasanton Municipal Code. Project specific condition. 8. ACCESSORY DWELLING UNIT: The accessory dwelling unit shall not exceed 1,000 square feet in area, exclusive of its garage. The plans submitted to the Building and Safety Division for plan check and permit issuance shall reflect the total square-footage of the ADU. Project specific condition. 9. GARAGE: Garages shall not be modified or used for storage in a manner that would interfere with the ability to park cars within the garages and each resident shall utilize the garages for parking of vehicles only. Project specific condition. 10. BUILDING MATERIALS AND COLORS: The building materials and colors in the Approved Plans shall be stated on the building permit plans. 11. PAVING MATERIALS: The color, material, design, and product specifications for the paving materials used on-site shall be in conformance with the Approved Plans and included with the building permit submittal. Any proposed modifications to the final paving design details shall be subject to review and approval by the Planning Division prior to issuance of building permits. PUD-144. 3747 Trenery Drive City Council Page 2 of 12