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Page 2 <br /> <br />exhibits. Planning Division approval is required before any changes are implemented in site <br />design, grading, architectural design, house colors or materials, green building measures, <br />landscape material, etc. <br /> <br />2. EXPIRATION – DESIGN REVIEW: This design review approval shall lapse 1 year from the <br />effective date of approval unless a building permit is issued and construction has <br />commenced and is diligently pursued towards completion, or the City has approved a time <br />extension. <br /> <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 <br />into 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 <br />permit plan submittals for review by the City prior to issuance of permits. <br /> <br />4. APPEAL PERIOD: The building permit submittal will only be accepted after completion of <br />the appeal period provided in the Municipal Code unless the applicant submits a signed <br />statement acknowledging the plan check fees may be forfeited in the event the approval is <br />overturned on appeal, or the design is significantly changed as a result of the appeal. In no <br />case will a building permit be issued prior to the expiration of the appeal period. <br /> <br />5. 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, its <br />City Council, its officers, commissions, employee and agents from and against any claim, <br />action, or proceeding brought by a third party against the indemnified parties and/or the <br />applicant to attack, set aside, or void the approval of the project or any permit authorized <br />hereby for the project, including without limitation, reimbursing the City its attorneys’ fees <br />and costs 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 />Site Development and Building Design <br />6. BUILDING MATERIALS AND COLORS: The building materials and colors in the Approved <br />Plans shall be stated on the building permit plans. <br /> <br />7. PAVING MATERIALS: The color, material, design, and product specifications for the paving <br />materials used on-site shall be in conformance with the Approved Plans and included with <br />the building permit submittal. Any proposed modifications to the final paving design details <br />shall be subject to review for conformance to the Objective Design Standards. <br /> <br />8. WINDOWS: Manufacturer type, design, material, and installation details for all windows <br />within the project shall be specified for each unit/building in conformance with the Approved <br />Plans in the building permit submittal. Any proposed modifications shall be subject to review <br />for conformance to the Objective Design Standards by the Planning Division prior to <br />issuance of building permits. <br /> <br />Docusign Envelope ID: DD265359-AEA1-4A7A-A8D3-92788E5DBFC8