CITY COUNCIL MEETING AGENDA PACKET

Ordinance No. 2302 Page 6 of 11 plan sheets of all building permit and engineering permit plan submittals for review by the City prior to issuance of permits. 4. APPEAL PERIOD: The building permit submittal will only be accepted after completion of the appeal period provided in the Municipal Code unless the applicant submits a signed statement acknowledging the plan check fees may be forfeited in the event the approval is overturned on appeal, or the design is significantly changed as a result of the appeal. In no case will a building permit be issued prior to the expiration of the appeal period. 5. PUD PERIOD: The building permit submittal will only be accepted after the ordinance approving the Planned Unit Development (PUD) development plan becomes effective, unless the applicant 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 Page 19 of 373