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77. The project developer shall submit a written dust control plan or procedure as <br /> part of the improvement plans. <br /> 78. The permit plan check package will be accepted for submittal only after the <br /> ordinance approving the PUD development plan becomes effective, unless the <br /> project developer submits a signed statement acknowledging that the plan check <br /> fees may be forfeited in the event that the ordinance is overturned or that the <br /> design is significantly changed. In no case will a permit be issued prior to the <br /> effective date of the ordinance. <br /> 79. The project developer shall pay any and all fees to which the property may be <br /> subject prior to issuance of permits. The type and amount of the fees shall be <br /> those in effect at the time the permit is issued. <br /> 80. If any prehistoric or historic artifacts, or other indication of cultural resources are <br /> found once the project construction is underway, all work must stop within 20 <br /> meters (66 feet) of the find. A qualified archaeologist shall be consulted for an <br /> immediate evaluation of the find prior to resuming groundbreaking construction <br /> activities within 20 meters of the find. If the find is determined to be an important <br /> archaeological resource, the resource shall be either avoided, if feasible, or <br /> recovered consistent with the requirements of the State CEQA Guidelines. In the <br /> event of discovery or recognition of any human remains in any on-site location, <br /> there shall be no further excavation or disturbance of the site or any nearby area <br /> reasonably suspected to overlie adjacent remains until the County coroner has <br /> determined, in accordance with any law concerning investigation of the <br /> circumstances, the manner and cause of death and has made recommendations <br /> concerning treatment and dispositions of the human remains to the person <br /> responsible for the excavation, or to his/her authorized representative. A similar <br /> note shall appear on the improvement plans. <br /> Planning <br /> 81. The proposed development shall be in substantial conformance to Exhibit B, <br /> dated "Received June 29, 2015," on file with the Planning Division, except as <br /> modified by these conditions. Minor changes to the plans may be allowed <br /> subject to the approval of the Director of Community Development. <br /> 82. To the extent permitted by law, the project applicant shall defend (with counsel <br /> reasonably acceptable to the City), indemnify and hold harmless the City, its City <br /> Council, its officers, boards, commissions, employees and agents from and <br /> against any claim, action, or proceeding brought by a third party against the <br /> indemnified parties and the applicant to attack, set aside, or void the approval of <br /> the project or any permit authorized hereby for the project, including (without <br /> limitation) reimbursing the City its attorneys fees and costs incurred in defense of <br /> the litigation. The City may, in its sole discretion, elect to defend any such action <br /> with attorneys of its choice. <br /> 18 <br />