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Page 2 <br />Community Development Department. <br />The project materials listed above are collectively the “Approved Plans”. <br />THIS APPROVAL IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS: <br />1. APPROVAL AND REVISIONS: The proposed development shall be in substantial conformance <br />with the “Approved Plans”, except as modified by the following conditions. Minor changes to the <br />plans may be allowed subject to the approval of the Director of Community Development if <br />found to be in substantial conformance with the approved exhibits. Planning Division approval is <br />required before any changes are implemented in site design, grading, architectural design, <br />building colors or materials, green building measures, landscape material, etc. This approval <br />shall be contingent upon the approval of the Vesting Tentative Map submitted simultaneously <br />dated August 30, 2023 (P23-0605). <br />2. EXPIRATION – The design review approval shall lapse and shall be void 2 years following the <br />effective date of approval of both the design review and vesting tentative map, unless: (1) a final <br />map is approved before the vesting tentative map expires, and then the term of development <br />rights shall be as set forth in Section 19.22.070 of the PMC; (2) prior to expiration a building <br />permit is issued and construction is commenced and diligently pursued to completion; (3) the <br />applicant has filed a request for: (a) design review approval extension pursuant to the provisions <br />of Section 18.12.030 of the PMC, or (b) a vesting tentative map extension per Section <br />19.22.070.D.2, of the PMC. The vesting tentative map shall expire as provided in Section <br />19.22.070 of the PMC. <br />3. CONDITIONS OF APPROVAL CHECKLIST: The applicant shall submit a “Conditions of <br />Approval Checklist” indicating all conditions in Exhibit A have been satisfied, incorporated into <br />the building permit plans or improvements plans, and/or addressed. Said checklist shall <br />be incorporated as one of the first four plan sheets of all building permit and engineering permit <br />plan submittals for review by the City prior to issuance of permits. <br />4. APPEAL PERIOD: The building permit submittal will only be accepted after completion of the <br />appeal period provided in the Municipal Code unless the applicant submits a signed statement <br />acknowledging the plan check fees may be forfeited in the event the approval is overturned on <br />appeal, or the design is significantly changed as a result of the appeal. In no case will a building <br />permit be issued prior to the expiration of the appeal period. <br />5. LIABILITY AND INDEMNIFICATION: To the extent permitted by law, the project applicant shall <br />hold harmless, defend (with counsel acceptable to the City), and indemnify the City, its City <br />Council, its officers, commissions, employee and agents from and against any claim, action, or <br />proceeding brought by a third party against the indemnified parties and/or the applicant to <br />attack, set aside, or void the approval of the project or any permit authorized hereby for the <br />project, including without limitation, reimbursing the City its attorneys’ fees and costs incurred in <br />defense of the litigation. The City may, in its sole discretion, elect to defend any such action with <br />attorneys of its choice. <br />PLANNING DIVISION – 925-931-5600 <br />Site Development and Building Design