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<br />Exhibit B <br />Conditions of Approval <br />PDR-289, Fairland Investment, Inc. <br />3121 Bernal Avenue and 3581 Utah Street <br />September 22, 2004 <br /> <br />General Conditions: <br /> <br />1. The project covered by this PUD Development Plan approval shall be constructed and <br />maintained in substantial conformance to the development plans, Exhibit A, dated <br />"Received August 9, 2002" on file with the Planning Department, except as modified by <br />the following conditions. Minor changes to the plans may be allowed subject to the <br />approval of the Planning Director if found to be in substantial conformance to the <br />approved exhibits. <br /> <br />2. The project developer shall obtain a building permit from the Building Department and <br />any other applicable City permits for the project prior to the commencement of any <br />construction. <br /> <br />3. This design review approval will lapse within one year from the date of approval unless a <br />building permit is issued and construction has commenced and is diligently pursued <br />toward completion or an extension has been approved by the City. <br /> <br />4. The project developer shall submit a final lighting plan for the building and the site for <br />the review and approval ofthe Planning Director prior to issuance of building permits. <br />The lighting plan shall include only full cut-off classification, flat lens recessed lights on <br />the underside of the fuel pump canopy and shall be installed in zones to allow a portion <br />of the lights to be turned off in the late evening hours. <br /> <br />5. The project developer shall pay any and all fees to which the property may be subject <br />prior to issuance of building permits. The type and amount of the fees shall be those in <br />effect at the time the building permit is issued. <br /> <br />6. Prior to issuance of a building permit, the project developer shall pay the required <br />commercial development school impact fee as prescribed by state law and as adopted by <br />the Pleasanton Unified School District. <br /> <br />7. The project developer acknowledges that the City of Pleasant on does not guarantee the <br />availability of sufficient sewer capacity to serve this development by the approval of this <br />case, and that the project developer agrees and acknowledges that building permit <br />approval may be withheld if sewer capacity is found by the City not to be available. <br /> <br />8. This approval does not guarantee the availability of sufficient water to serve the project. <br />The City shall withhold building permits for the project if at the time building permits are <br />applied for, mandatory water rationing is in effect, unless the City has adopted a water <br />offset program and unless the project developer is participating in the program. <br />Notwithstanding the project developer's participation in such a program, the City may <br /> <br />1 <br /> <br />II <br />