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Ordinance No.2220 Page 6 of 26 4. 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. 5. 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. 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 7. DEVELOPMENT STANDARDS: Unless otherwise specified in the Conditions of Approval, all site development standards for the entire 16-acre parcel including the new church site as well as the original church site, shall follow the site development standards of the Agriculture District. 8. RARE PLANT SURVEY: A rare plant survey shall be conducted prior to any construction activities to document the extent of Congdon's tar plant species on the site. Congdon's tar plant blooms between June through November and shall be surveyed during this time period by a qualified biologist to determine the precise locations. If possible, seed shall be collected or the plants collected for redistribution if these areas are to be impacted by proposed development. (Project Specific Condition) 9. PRE-CONSTRUCTION BIRD SURVEY: If project construction-related activities takes. place during the nesting season (February 1 through September 15), prior to issuance of a building or grading permit, preconstruction surveys for nesting passerine birds and raptors (birds of prey)within the project site and the surrounding area of influence shall be conducted by a qualified biologist prior to the commencement of the tree removal or site grading activities. If any bird listed under the Migratory Bird Treaty Act is found to be nesting within the project site or within the area of influence, an adequate protective buffer zone shall be established by a qualified biologist to protect the nesting site. This buffer shall be a minimum of 75 feet from the project activities for passerine birds, and a minimum of 200 feet for raptors. The distance shall be determined by a qualified biologist based on the site conditions (topography, if the nest is in a line of sight of the construction and the sensitivity of the birds nesting). The nest site(s) shall be monitored by a qualified biologist periodically to see if the birds are stressed by the construction activities and if the protective buffer needs to be increased. Once the young have fledged and are flying well enough to avoid project construction zones (typically by August), the project can proceed without further regard to the nest site(s). (Project Specific Condition)