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Ordinance No.2203 • Page 8 1. APPROVAL AND REVISIONS:The proposed development shall be in substantial conformance with the "Approved Plans", except as modified by the following conditions. 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 with the approved exhibits. Planning Division approval is required before any changes are implemented in site design, grading, architectural design, house colors or materials, green building measures, landscape material, etc. • 2. • EXPIRATION —NON-RESIDENTIAL PUD: The PUD development plan approval -shall lapse two (2) years from theeffective date of this ordinance unless a . buildingpermit is issued and construction-has commenced and is.diligently. pursued;towards completion, or the City has approved a time extension. 3. 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. 4: 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 signedstatement 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. 5. 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 6. REZONING AND USES: The parcel at 6455 Owens Drive is rezoned.from C-F (Freeway 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-F (Freeway Commercial) District of the Pleasanton Municipal Code. (Project Specific Condition)