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Ordinance No. 2302 <br /> Page 6 of 11 <br /> plan sheets of all building permit and engineering permit plan submittals for <br /> review by the City prior to issuance of permits. <br /> 4. APPEAL PERIOD: The building permit submittal will only be accepted after <br /> completion of the appeal period provided in the Municipal Code unless the <br /> applicant submits a signed statement acknowledging the plan check fees may be <br /> forfeited in the event the approval is overturned on appeal, or the design is <br /> significantly changed as a result of the appeal. In no case will a building permit <br /> be issued prior to the expiration of the appeal period. <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 is <br /> overturned. In no case will a building permit be issued prior to the PUD ordinance <br /> amendment being in effect. <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 party <br /> against the indemnified parties and/or the applicant to attack, set aside, or void <br /> 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 /> PLANNING DIVISION — 925-931-5600 <br /> 7. KEYPAD LOCATION: The keypad shall be positioned where a driver can <br /> easily reach the controls without their vehicle obstructing trail users and <br /> without their vehicle positioned within the gate swing area. Further, exiting <br /> vehicles must pause at the STOP control and wait if trail users are present. <br /> The swing of the gate could potentially impact a vehicle stopped at the <br /> intersection. The application shall indicate how these conflicts will be <br /> addressed prior to issuance of Building Permit. <br /> 8. FINAL INSPECTION: Final inspection by the Planning Division is required prior <br /> to Building Permit Final. <br /> 9. CULTURAL RESOURCES/HUMAN REMAINS: If any prehistoric or historic <br /> artifacts, or other indication of cultural resources are found once the project <br /> construction is underway, all work shall stop within 20-meters (66 feet) of the <br /> find. A qualified archaeologist shall be consulted for an immediate evaluation of <br /> the find prior to resuming groundbreaking construction activities within 20 meters <br /> of the find. If the find is determined to be an important archaeological resource, <br /> the resource shall be either avoided, if feasible, or recovered consistent with the <br />