CITY COUNCIL MEETING AGENDA PACKET

PUD-54-01M Page 2 of 6 submits a signed statement acknowledging the plan check fees may be forfeited in the event the ordinance is overturned. In no case will a building permit be issued prior to the PUD ordinance amendment being in effect. 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. PLANNING DIVISION – 925-931-5600 7. KEYPAD LOCATION: The keypad shall be positioned where a driver can easily reach the controls without their vehicle obstructing trail users and without their vehicle positioned within the gate swing area. Further, exiting vehicles must pause at the STOP control and wait if trail users are present. The swing of the gate could potentially impact a vehicle stopped at the intersection. The application shall indicate how these conflicts will be addressed prior to issuance of Building Permit. 8. FINAL INSPECTION: Final inspection by the Planning Division is required prior to Building Permit Final. 9. CULTURAL RESOURCES/HUMAN REMAINS: If any prehistoric or historic artifacts, or other indication of cultural resources are found once the project construction is underway, all work shall stop within 20-meters (66 feet) of the find. A qualified archaeologist shall be consulted for an immediate evaluation of the find prior to resuming groundbreaking construction activities within 20 meters of the find. If the find is determined to be an important archaeological resource, the resource shall be either avoided, if feasible, or recovered consistent with the requirements of the State California Environmental Quality Act (CEQA) Guidelines. In the event that human remains are discovered during grading and construction of the project, work shall stop immediately. There shall be no disposition of such human remains, other than in accordance with the procedures and requirements set forth in California Health and Safety Code Section 7050.5, Public Resources Section 5097.98, and Title 14 California Code of Regulations Section 15064.5. These code provisions require notification of the County Coroner, who may then notify the Native American Heritage Commission, who in turn must notify the persons believed to be most likely descended from the deceased Native American for appropriate disposition of the remains. A similar note shall appear on the building permit and/or improvement plans. Fees 10. FEES: The applicant shall pay any and all fees to which the property may be subject, prior to issuance of grading and/or building permits, or prior to recordation of the final map, whichever is applicable. The type and amount of the fees shall be those in effect at the time the permit is issued. BUILDING AND SAFETY DIVISION – 925-931-5300 11. BUILDING AND FIRE CLEARANCE: Prior to issuance of a business license, the applicant shall contact the Building and Safety Division and the Fire Department to ensure the proposed use of Page 26 of 200