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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 />), adjoining deeds, <br /> P21-0076 & PUD-141 Planning Commission <br /> Page 9 of 16 <br /> Page 7 of 16 <br />or to submittal of the map for the Director of Engineering/City Engineer's <br /> signature. <br /> PUD-140 & P21-0079 Planning Commission <br /> Page 9 of 15 <br />