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3. EXPIRATION — NON-RESIDENTIAL PUD: The PUD development plan approval shall
<br /> lapse 2 years from the effective date of this ordinance unless a building permit is issued
<br /> and construction has commenced and is diligently pursued towards completion, or the
<br /> City has approved a time extension.
<br /> 4. CONDITIONS OF APPROVAL CHECKLIST: The applicant shall submit a "Conditions of
<br /> Approval Checklist" indicating all conditions in Exhibit B have been satisfied, incorporated
<br /> into the building permit plans or improvements plans, and/or addressed. Said checklist
<br /> shall be incorporated as one of the first four plan sheets of all building permit and
<br /> engineering permit plan submittals for review by the City prior to issuance of permits.
<br /> 5. PUD PERIOD: Any building permit submittal will only be accepted after the ordinance
<br /> approving the Planned Unit Development (PUD) development plan becomes effective,
<br /> unless the applicant submits a signed statement acknowledging the plan check fees may
<br /> be forfeited in the event the ordinance is overturned. In no case will a building permit be
<br /> issued prior to the PUD ordinance being in effect.
<br /> 6. LIABILITY AND INDEMNIFICATION: To the extent permitted by law, the project applicant
<br /> shall hold harmless, defend (with counsel acceptable to the City), and indemnify the City,
<br /> its City Council, its officers, commissions, employee and agents from and against any
<br /> claim, action, or proceeding brought by a third party against the indemnified parties
<br /> and/or the applicant to attack, set aside, or void the approval of the project or any permit
<br /> authorized hereby for the project, including without limitation, reimbursing the City its
<br /> attorneys' fees and costs incurred in defense of the litigation. The City may, in its sole
<br /> discretion, elect to defend any such action with attorneys of its choice.
<br /> PLANNING DIVISION — 925-931-5600
<br /> 7. DEVELOPMENT STANDARDS: Unless otherwise specified in the Conditions of
<br /> Approval, all site development standards for the entire 16-acre parcel including the new
<br /> church site as well as the original church site, shall follow the site development standards
<br /> of the Agriculture District.
<br /> 8. RARE PLANT SURVEY: A rare plant survey shall be conducted prior to any construction
<br /> activities to document the extent of Congdon's tar plant species on the site. Congdon's
<br /> tar plant blooms between June through November and shall be surveyed during this time
<br /> period by a qualified biologist to determine the precise locations. If possible, seed shall
<br /> be collected or the plants collected for redistribution if these areas are to be impacted by
<br /> proposed development. (Project Specific Condition)
<br /> 9. PRE-CONSTRUCTION BIRD SURVEY: If project construction-related activities takes
<br /> place during the nesting season (February 1 through September 15), prior to issuance of
<br /> a building or grading permit, preconstruction surveys for nesting passerine birds and
<br /> raptors (birds of prey) within the project site and the surrounding area of influence shall
<br /> be conducted by a qualified biologist prior to the commencement of the tree removal or
<br /> site grading activities. If any bird listed under the Migratory Bird Treaty Act is found to be
<br /> nesting within the project site or within the area of influence, an adequate protective
<br /> PUD-114-01M & P20-0995 Planning Commission
<br /> Page 2 of 25
<br /> Dublin. Ms. Clark stated she had not looked at that data point but could bring back the
<br /> Planning Commission Minutes Page 3 of 7 May 12, 2021
<br /> of 16
<br /> Page 5 of 16
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