ORD 2103 - Laserfiche WebLink

38. If any prehistoric or historic artifacts, or other indication of cultural resources are found once the project construction is underway, all work must stop within 20 meters (66 feet) of the find. A qualified archaeologist shall be consulted for an immediate evaluation of the find prior to resuming groundbreaking construction activities within 20 meters of the find. If the find is determined to be an important archaeological resource, the resource shall be either avoided, if feasible, or recovered consistent with the requirements of Appendix K of the State CEQA Guidelines. In the event of discovery or recognition of any human remains in any on-site location, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the County coroner has determined, in accordance with any law concerning investigation of the circumstances, the manner and cause of death and has made recommendations concerning treatment and dispositions of the human remains to the person responsible for the excavation, or to his/her authorized representative. A similar note shall appear on the improvement plans. 39. The applicant shall pay any and all fees to which the property may be subject prior to issuance of building permits. The type and amount of the fees shall be those in effect at the time the building permit is issued. This includes, but is not limited to, the park dedication fees. 40. The applicant shall pay the applicable Zone 7 and City connection fees and water meter cost for any water meters, including irrigation meters. Additionally, the applicant shall pay any applicable Dublin San Ramon Services District (DSRSD) sewer permit fee prior to issuance of a building permit. Planning Division 41. The proposed General Plan Amendment and Planned Unit Development Rezoning and Development Plan shall conform substantially to the project plans, Exhibit B, marked "Received March 12, 2014," the project narrative marked "Received January 14, 2014," and the applicant's response to the Planning Commission Work Session marked "Received March 26, 2014," on file with the Planning Division, except as modified by the conditions of approval. Minor changes to the plans may be allowed subject to the approval of the Director of Community Development if found to be in substantial conformance to the approved exhibits. 42. The Planned Unit Development Development Plan shall lapse two years from the effective date of approval unless a building permit is obtained and construction diligently pursued, or the City has approved a time extension. 43. To the extent permitted by law, the applicant shall defend (with counsel reasonable acceptable to the City), indemnify and hold harmless the City, its City Council, its officers, boards, commissions, employees and agents from and against any claim (including claims for attorney's fees), action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void the approval of the project or any permit authorized hereby for the project, including (without limitation) reimbursing the City its attorney's fees and costs incurred in defense of the PUD-101 (Kottinger Gardens) City Council 8 of 22