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n A list of planting material shall include tree species that would not obstruct neighboring parcels form the ability to collect solar energy during the hours of 9 am-3pm Pacific Standard Time (PST) year around. Said modifications shall be incorporated into a final edition of the Architectural Design Guidelines which shall be subject to the review and approval by the Planning Director and shall be distributed to both the Planning Commission and City Council. (PROJECT SPECIFIC CONDITION) 12. DESIGN REVIEW: Future homes shall be subject to design review approval per Section 18.20 of the Pleasanton Municipal Code and shall be subject to review and approval by the Zoning Administrator. (PROJECT SPECIFIC CONDITION) 13. CONDITIONS, COVENANTS AND RESTRICTIONS (CC&Rs): The applicant/project developer shall submit for review draft Conditions, Covenants & Restrictions (CC&Rs) for the project with the improvement plans and the final map that creates a homeowners' association (HOA). The HOA will provide ownership and maintenance of the common areas within the project (Parcels A and B), as well as the trail segments located within Parcels A, B, and C, landscaping in Parcels A and B, and along Spotorno Ranch Drive, and on-site stormwater treatment facilities. Additionally, the HOA shall be responsible for maintaining sidewalks and keeping them in a safe condition for users. Furthermore, the HOA shall be responsible for maintaining all street trees. The CC&Rs shall be subject to the review and approval of the City Attorney prior to recordation with the final map. The City shall be granted the rights and remedies of the association, but not the obligation, to enforce the maintenance responsibilities of the HOA. (PROJECT SPECIFIC CONDITION) 14. OPEN SPACE OR CONSERVATION EASEMENT ON PARCEL C: Parcel C, totaling approximately 80 acres, shall be subject to an open space or conservation easement dedicated to a third party selected by the City or other regulatory agency as permanent agricultural/open space and/or habitat protection or mitigation via recordation of an easement. The open space or conservation easement language shall be subject to review and approval by the City Attorney's office. The easement shall be recorded with the final map for the project. (PROJECT SPECIFIC CONDITION) 15. DISCLOSURE: The recorded deed of sale for all lots covered by the PUD development plan approval shall include the following statement to be signed by the future homeowners stating that: PUD-138 and VTM 8616 Planning Commission Page 5 of 30