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<br /> <br />P23-0480 and TR8680 Planning Commission April 23, 2025 <br />Page 3 of 31 <br />expiration of the appeal or review period. Subject to the foregoing, the applicant, at its <br />risk, shall be permitted to proceed with submitting and timely processing application <br />materials to the City in connection with the proposed geotechnical remediation of the <br />Project site. <br /> <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 indemnify <br />the City, its City Council, its officers, commissions, employee and agents from and <br />against any claim, action, or proceeding brought by a third party against the indemnified <br />parties and/or the applicant to attack, set aside, or void the approval of the Project or any <br />permit authorized hereby for the Project, including without limitation, reimbursing the City <br />its 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 /> <br />PLANNING DIVISION – 925-931-5600 <br /> <br />6. AFFORDABLE HOUSING AGREEMENT: The applicant shall execute the City Council- <br />approved Affordable Housing Agreement, which sets forth the methodology for the <br />applicant’s compliance with Pleasanton Municipal Code Chapter 17.44 requirements, and <br />which agreement shall be recorded prior to or concurrently with the final map . Project <br />Specific Condition <br /> <br />7. CONCURRENT CONSTRUCTION AND SEQUENCY OF PERMIT ISSUANCE: The <br />issuance of building permits for both market-rate units and affordable units shall follow <br />the terms specified in the City Council-approved and recorded Affordable Housing <br />Agreement on file with the Housing Division of the Community Development Department. <br />Project Specific Condition <br /> <br />8. MITIGATION MONITORING AND REPORTING PROGRAM (MMRP): The applicant shall <br />comply with the adopted MMRP prepared for the proposed Project as set forth in the <br />2023-2031 (6th Cycle) Housing Element Update Program EIR and as updated by the <br />Project’s CEQA Guidelines Section 15183 Consistency Checklist, on file with the <br />Planning Division of the Community Development Department. Project Specific <br />Condition <br /> <br />9. RECORDED DISCLOSURES: The recorded Declaration of Covenants, Conditions & <br />Restrictions for the single-family residential component of the Project (the CC&Rs) and <br />the lease agreements for the multiple-family residential component of the Project shall <br />contain the following: <br /> <br />A clause indicating the close proximity of the Pleasanton Garbage Services Transfer <br />Facility, City’s Public Works – Operation Services, Livermore-Pleasanton Fire <br />Department training facility and Pleasanton Police training facility; the possible <br />impacts to homes due to activities at these facilities; and a notification of the <br />potential for noise, odor, and dust generated from the operations at these facilities. <br /> <br />Docusign Envelope ID: 2B93F64A-C49E-4C2A-BF54-785F6FDA6546