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4. GROWTH MANAGEMENT PROGRAM: The project shall meet all requirements of the City's <br /> Growth Management Program, as determined by the Director of Community Development; or <br /> Growth Management Agreement, if applicable. <br /> 5. APPEAL PERIOD: The building permit submittal will only be accepted after completion of the <br /> appeal period provided in the Municipal Code unless the applicant submits a signed statement <br /> acknowledging the plan check fees may be forfeited in the event the approval is overturned on <br /> appeal, or the design is significantly changed as a result of the appeal. In no case will a building <br /> permit be issued prior to the expiration of the appeal period. <br /> 6. LIABILITY AND INDEMNIFICATION: To the extent permitted by law, the project applicant shall <br /> hold harmless, defend (with counsel acceptable to the City), and indemnify the City, its City <br /> Council, its officers, commissions, employee and agents from and against any claim, action, or <br /> proceeding brought by a third party against the indemnified parties and/or the applicant to attack, <br /> set aside, or void the approval of the project or any permit authorized hereby for the project, <br /> including without limitation, reimbursing the City its attorneys' fees and costs incurred in defense <br /> of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys <br /> of its choice. <br /> PLANNING DIVISION —925-931-5600 <br /> Site Development and Building Design <br /> 7. BUILDING MATERIALS AND COLORS: The building materials and colors in the Approved Plans <br /> shall be stated on the building permit plans. <br /> 8. PAVING MATERIALS: The color, material, design, and product specifications for the paving <br /> materials used on-site shall be in conformance with the Approved Plans and included with the <br /> building permit submittal. Any proposed modifications to the final paving design details shall be <br /> subject to review and approval by the Planning Division prior to issuance of building permits. <br /> 9. WINDOWS: All windows shall be divided light design. If simulated muntins are used, they shall be <br /> located on both sides of the glass. All windows shall be recessed from the exterior building wall. <br /> Manufacturer type, design, material, and installation details for all windows within the project shall <br /> be specified for each unit/building in conformance with the Approved Plans in the building permit <br /> submittal. Any proposed modifications shall be subject to review and approval by the Planning <br /> Division prior to issuance of building permits. (Project Specific Condition) <br /> 10. FENCE/WALL: All fencing and walls shall be shown on the construction plans with the building <br /> permit submittal. The design and location must be approved by the Planning Division and comply <br /> with all requirements. <br /> 11. LIGHTING PLAN: The applicant shall submit a lighting plan with the building permit submittal. <br /> The plan shall include photometric contours, manufacturer's specifications on the fixtures, and <br /> mounting heights. All exterior lighting including landscape lighting shall be directed downward and <br /> designed or shielded so as to not shine onto neighboring properties or streets. The type and <br /> location of all exterior light fixtures shall be reviewed and approved by the Director of Community <br /> Development prior to building permit issuance. <br /> 12. MECHANICAL EQUIPMENT: All HVAC condensing units shall be shown on the plans. (Project <br /> Specific Condition) <br /> P19-0092 Planning Commission <br /> Page 2 of 9 <br />