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Ordinance No.2217 Page 8 3 4 5 CONDITIONS OF APPROVAL CHECKLIST: The applicant shall submit a "Conditions of Approval Checklist" indicating all conditions in Exhibit B have been satisfied, incorporated into the building permit plans or improvements plans, and/or addressed. Said checklist shall be incorporated as one of the first four plan sheets of all building permit and engineering permit plan submittals for review by the City prior to issuance of permits. PUD PERIOD: Any 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. ln no case will a building permit be issued prior to the PUD ordinance being in effect. 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. PLANNTNG DtVtStON - 925-931-s600 MITIGATION MEASURES: All mitigation measures (16) listed within the lnitial Study/Mitigated Negative Declaration prepared for the project by First Carbon Solutions dated April 5, 2021, and on file with the Planning Division are hereby incorporated as conditions of approval for the project and shall be adhered to and/or fully complied with to the satisfaction of the Director of Community Development. (Project Specific Condition) PHASING - DESIGN/DESIGN REVIEW PROCESS: All structures/site improvements associated with future development phases on the subject site, specifically buildings 2 and/or 3 and the parking structure, but also including any ancillary structures and/or site improvements, shall be designed to be architecturally/thematically compatible/consistent with the Phase I structures and/or site improvements shown in the "Approved Plans" to the satisfaction of the Director of Community Development. A separate Design Review application shall be required for each subsequent phase and shall be subject to Planning Co m m iss ion cons ide ra tion. ( P roj ect S pec ifi c Con d iti o n) PHASING - STRUCTURE PLACEMENT: All structures/site improvements associated with future development phases on the subject site, specifically buildings 2 and/or 3 and the parking structure, but also including any ancillary structures, shall be set back a minimum of 32 feet from all property lines as shown on the "Approved Plans" However, as part of the subsequent design review process, the Planning Commission may require larger setbacks to be provided for some or all portions of buildings 2 and 3, to the extent necessary to maintain visual compatibility with the surrounding area, avoid over- concentrating building height and mass close to project frontages, and to provide for an attractive and varied building massing, articulation and streetscape, in a manner consistent with that achieved for Building 1. Minor changes to the structure placement determined appropriate by the Planning Commission during subsequent design review 6 7 8