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<br />PUD-138 and VTM 8616 Planning Commission <br />Page 2 of 30 <br />before any changes are implemented in site design, grading, architectural <br />design, house colors or materials, green building measures, landscape material, <br />etc. <br /> <br />2. EXPIRATION: The PUD development plan shall lapse two years from the <br />effective date of this ordinance unless a final map, as applicable, is approved. If <br />a final map is approved, the PUD development plan approval shall lapse when <br />the final map approval expires. If the map is recorded before the final map <br />expires, then the PUD development approval shall not lapse. <br /> <br />3. CONDITIONS OF APPROVAL CHECKLIST: The applicant shall submit a <br />“Conditions of Approval Checklist” indicating all conditions in Exhibit A have <br />been satisfied, incorporated into the building permit plans or improvements <br />plans, and/or addressed. Said checklist shall be attached to all building permit <br />and engineering permit submittals for review by the City prior to issuance of <br />permits. <br /> <br />4. GROWTH MANAGEMENT PROGRAM: The project shall meet all requirements <br />of the City’s Growth Management Program, as determined by the Director of <br />Community Development; or Growth Management Agreement, if applicable. <br /> <br />5. PUD PERIOD: The building permit submittal will only be accepted after the <br />ordinance approving the Planned Unit Development (PUD) development plan <br />becomes effective, unless the applicant submits a signed statement <br />acknowledging the plan check fees may be forfeited in the event the ordinance <br />is overturned. In no case will a building permit be issued prior to the PUD <br />ordinance being in effect. <br /> <br />6. LIABILITY AND INDEMNIFICATION: To the extent permitted by law, the project <br />applicant shall hold harmless, defend (with counsel acceptable to the City), and <br />indemnify the City, its City Council, its officers, commissions, employee and <br />agents from and against any claim, action, or proceeding brought by a third <br />party against the indemnified parties and/or the applicant to attack, set aside, or <br />void the approval of the project or any permit authorized hereby for the project, <br />including without limitation, reimbursing the City its attorneys’ fees and costs <br />incurred in defense of the litigation. The City may, in its sole discretion, elect to <br />defend any such action with attorneys of its choice. <br /> <br />PLANNING DIVISION – 925-931-5600 <br /> <br />Zoning and Uses <br /> <br />7. Lots 1-22 are zoned Planned Unit Development – Semi-Rural Residential <br />Development (PUD-SRDR). The PUD-SRDR lots shall be subject to the <br />permitted and conditionally permitted uses in the City’s R-1 One Family <br />Residential District.