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period (in which the applicant may protest the imposition of any fees, dedications, reservations, or other exactions imposed on this Project by these Conditions of Approval) will begin on the date of the conditional approval of this Project. If the applicant fails to file a protest within this 90 -day period, complying with all of the requirements of Government Code Section 66020, the applicant will be legally barred from later challenging any such fees, dedications, reservations or other exactions. D. All mitigation measures identified in the Kaiser Permanente San Leandro Medical Center / Mixed Use Retail Development Project EIR are included in the Mitigation Monitoring and Reporting Program (MMRP) which is included in these conditions of approval and are incorporated herein by reference. The project Applicant shall be responsible for compliance with all applicable mitigation measures adopted and with all conditions of approval set forth below, subject to the review and approval of the City of San Leandro. E. Applicant shall be responsible for paying the costs of any third party inspections and/or inspectors as required by the Mitigation Monitoring and Reporting Program (MMRP). F. Construction of Phase 1 of the Medical Center shall commence within eighteen (18) months following City Council approval, and shall be substantially completed by year 2015. For the purpose of compliance with this condition, commencement of construction shall be defined as the construction of a substantial portion of the street improvements and infrastructure. G. Pursuant to Zoning Code Section 3-1024 the developer may request from the Planning Commission renewal of the Planned Development project approval for up to two additional years if it finds the renewal is consistent with the Code and that no substantive change has occurred in conditions or circumstances pertinent to the planned development. Application for renewal shall be made in writing to the Zoning Enforcement Official not less than 30 days or more than 120 days prior to expiration of the Planned Development approval. Denial of a request for renewal of the Planned Development Project approval may be appealed. H. The approvals granted by the City as a result of this application, as well as the Conditions of Approval, shall be recorded in the Office of the County Recorder of Alameda County II. PERMITTED USE A. This Planned Development is an approval to construct Phase 1 of the San Leandro Kaiser Medical Center. Phase 1 of the Medical Center includes an approximately 436,000 square foot, six -story hospital containing up to 264 licensed beds; an approximately 275,000 square foot, four-story Hospital Support Building located PLN2009-00030 Page 3 of 14 Recommended Conditions of Approval April 22, 2010