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4. PUD PERIOD: The 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 <br />applicant shall hold harmless, defend (with counsel acceptable to the City), and <br />indemnify the City, its City Council, its officers, commissions, employee and agents from <br />and against any claim, action, or proceeding brought by a third party against the <br />indemnified parties and/or the applicant to attack, set aside, or void the approval of the <br />project or any permit authorized hereby for the project, including without limitation, <br />reimbursing the City its attorneys' fees and costs incurred in defense of the litigation. <br />The City may, in its sole discretion, elect to defend any such action with attorneys of its <br />choice. <br />PLANNING DIVISION — 925-931-5600 <br />Site Development and Building Design <br />6. GROWTH MANAGEMENT: The property owner shall apply for and receive approval of a <br />Growth Management application prior to submitting to the Building and Safety Division <br />for construction permits. Project specific condition. <br />7. DEVELOPMENT STANDARDS: Primary and secondary structures and uses shall be <br />those of the R-1-40,000 District of the Pleasanton Municipal Code. Project specific <br />condition. <br />8. ACCESSORY DWELLING UNIT: The accessory dwelling unit shall not exceed 1,000 <br />square feet in area, exclusive of its garage. The plans submitted to the Building and <br />Safety Division for plan check and permit issuance shall reflect the total square -footage <br />of the ADU. Project specific condition. <br />9. GARAGE: Garages shall not be modified or used for storage in a manner that would <br />interfere with the ability to park cars within the garages and each resident shall utilize the <br />garages for parking of vehicles only. Project specific condition. <br />10. BUILDING MATERIALS AND COLORS: The building materials and colors in the <br />Approved Plans shall be stated on the building permit plans. <br />11. PAVING MATERIALS: The color, material, design, and product specifications for the <br />paving materials used on-site shall be in conformance with the Approved Plans and <br />included with the building permit submittal. Any proposed modifications to the final <br />paving design details shall be subject to review and approval by the Planning Division <br />prior to issuance of building permits. <br />12. WINDOWS: Manufacturer type, design, material, and installation details for all windows <br />within the project shall be specified for each unit/building in conformance with the <br />Approved Plans in the building permit submittal. Any proposed modifications shall be <br />subject to review and approval by the Planning Division prior to issuance of building <br />permits. <br />PUD -144, 3747 Trenery Drive City Council <br />Page 2 of 11 <br />