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4. GROWTH MANAGEMENT PROGRAM: The project shall meet all requirements of the City's Growth Management Program, as determined by the Director of Community Development; or Growth Management Agreement, if applicable. 5. APPEAL PERIOD: The building permit submittal will only be accepted after completion of the appeal period provided in the Municipal Code unless the applicant submits a signed statement acknowledging the plan check fees may be forfeited in the event the approval is overturned on appeal, or the design is significantly changed as a result of the appeal. In no case will a building permit be issued prior to the expiration of the appeal period. 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. 7. CARPORT: The carport provided on-site shall be exclusively reserved for the new residential unit. Project specific condition. PLANNING DIVISION — 925-931-5600 Site Development and Building Design 8. BUILDING MATERIALS AND COLORS: The building materials and colors in the Approved Plans shall be stated on the building permit plans. 9. FENCE: All fencing shall be shown on the construction plans with the building permit submittal. The design and location must be approved by the Planning Division and comply with all setback requirements. 10. OUTDOOR STORAGE: There is to be no outdoor storage without prior approval by the City. 11. LIGHTING PLAN: The applicant shall submit a lighting plan with the building permit submittal. The plan shall include photometric contours, manufacturer's specifications on the fixtures, and mounting heights. All exterior lighting including landscape lighting shall be directed downward and designed or shielded so as to not shine onto neighboring properties or streets. The photometrics shall be reviewed and approved by the City Traffic Engineer and Director of Community Development prior to building permit issuance. The type and location of all exterior light fixtures shall be reviewed and approved by the Director of Community Development prior to building permit issuance. 12. FINAL INSPECTION: Final inspection by the Planning Division is required prior to occupancy. Green Building and Sustainability Measures 13. PHOTOVOLTAIC AND SOLAR WATER HEATING SYSTEMS: The new unit shall be constructed to allow for future installation of a solar water heating system and shall include installation of solar panels. The measures shall be shown on the building permit plans for review and approval by the Director of Community Development prior to building permit issuance. This information shall be P20-1053 Page 2 of 10 City Council