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8. That a homeowners association shall be established for the development and shall be responsible for the maintenance of all commonly owned areas. The CC&Rs of the homeowners association shall be submitted to the City for review and approval prior to submittal of a final map and the City shall be named as third party beneficiary of the CC&Rs and granted the power to enforce their provisions if the homeowners association fails to do so. 9. That the grading for streets and public improvements shall be substantially as shown on the development plan and the plans for all on-site grading shall be submitted to the City for approval at the earliest possible time in the development process. No on-site or off-site grading shall take place without prior City approval. 10. That the developer acknowledges that the City of Pleasanton does not guarantee the availability of sufficient sewer capacity to serve this development by approval of this project and that the developer agrees and acknowledges that building permit approval may be withheld if sewer capacity is found by the City not to be available. 11. That the floor area ratio of all patio homes shall be a maximum of 40~ and for all paired homes a maximum of 50$. 12. That the minimum driveway length for any dwelling unit shall be 20 ft. and where the driveway length is less than 23 ft., roll-up type garage doors shall be provided. 13. That except as modified herein, the uses and site development standards of all custom lots shall be those of the R-1-20,000 District. 14. That an overall fencing plan for the entire development plan shall be submitted to the Planning Department for approval prior to issuance of a building permit. 15. That approval of this development plan does not constitute permission to remove any heritage size trees from the site. Separate approval must be granted by the Director of Public Works for the removal of all such trees. Where heritage trees are proposed to be retained within proposed development areas, plans shall be submitted to the Director of Public Works detailing how these trees shall be preserved in a healthy and attractive manner.