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required before any changes are implemented in site design, grading, architectural design, house colors or materials, green building measures, landscape material, etc. 2. EXPIRATION — PLANNED UNIT DEVELOPMENT (PUD) DEVELOPMENT PLAN: The PUD development plan approval shall lapse 2 years from the effective date of this ordinance unless a building permit is issued and construction has commenced and is diligently pursued towards completion, or the City has approved a time extension. 3. EXPIRATION - CONDITIONAL USE PEMRIT: If approved, this Conditional Use Permit (CUP) approval will lapse and shall become void 1 year following the date on which the CUP became effective, unless prior to the expiration of 1 year a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the CUP application; or a certificate of occupancy is issued for the structure which was the subject of the CUP application; or the site is occupied if no building permit or certificate of occupancy is required; or the applicant or his/her successor has filed a request for extension with the Zoning Administrator pursuant to the provisions of the Pleasanton Municipal Code. 4. CONDITIONS OF APPROVAL CHECKLIST: The applicant shall submit a "Conditions of Approval Checklist" indicating all conditions in Exhibit A have been satisfied, incorporated into the building permit plans or improvements plans, and/or addressed. Said checklist shall be attached to all building permit and engineering permit submittals for review by the City prior to issuance of permits. 5. PUD PERIOD: The building permit submittal will only be accepted after the ordinance approving the Planned Unit Development (PUD) development plan becomes effective, unless the applicant submits a signed statement acknowledging the plan check fees may be forfeited in the event the ordinance is overturned. In no case will a building permit be issued prior to the PUD ordinance being in effect. 6. LIABILITY AND INDEMNIFICATION: To the extent permitted by law, the project applicant shall hold harmless, defend (with counsel acceptable to the City), and indemnify the City, its City Council, its officers, commissions, employee and agents from and against any claim, action, or proceeding brought by a third party against the indemnified parties and/or 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 attorneys' fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. PLANNING DIVISION — 925-931-5600 Entitlements 7. REZONING AND USES: The sites at 3760 and 3790 Hopyard Road are rezoned from C-N (Neighborhood Commercial) District to Planned Unit Development— Commercial (PUD-C) District. Except as shown on the PUD Development Plan, the development standards of the subject site shall follow those of the C-N (Neighborhood Commercial) District of the Pleasanton Municipal Code. The uses allowed on the project site are a self-service station with a drive-through carwash and convenience store with or without the sale of alcoholic beverages. Any other uses require a modification to the PUD. (Project Specific Condition) 8. LOT MERGER: Prior to issuance of a building permit for the project, a Lot Line Adjustment shall be approved by the City of Pleasanton and recorded by the applicant which merges the two lots known as 3760 and 3790 Hopyard Road into one single lot. (Project Specific Condition) PUD-134/P18-0332/P18-0334 City Council Page 2 of 19