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III. - ON-SITE IMPROVEMENTS/ADDITIONAL PERMITS A. The interior use of the building and construction of the project shall remain in substantial compliance with the approved plans and exhibits. Any change to the project design shall be subject to the review and approval of the Community Development Director who may administratively approve or require review by the Board of Zoning Adjustments as a modification to the Conditional Use Permit. B. Any change or additional occupancy deemed minor in nature may be approved by the Community Development Director. A change or additional occupancy deemed major shall be referred to the Board of Zoning Adjustments for its consideration as a modification to the Conditional Use Permit. C. Prior to issuance of building permits, a final color and materials board shall be submitted for the exterior of the building for review and approval as part of the building permit to ensure the quality of the exterior design. Any changes to the approved building specifications must be made in writing to the Community Development Director, who may either administratively approve the modification or bring it back to the Board of Zoning Adjustments for review. D. Prior to issuance of building permits a final landscape and irrigation plan that is Water Efficient Landscape Ordinance, Bay -Friendly Landscape Guidelines, and Zoning Code Article 19 compliant shall be submitted for review and approval as part of the building permit. The minimum size for the shrubs shall be five gallons and the ground cover shall be one gallon or shall be from flats with the necessary spacing to cover the planting areas in one growing season. To reduce on-site water consumption and reduce the energy required for the pumping and distribution of water, drought tolerant and native species shall be used for site landscaping where possible. Said landscape and irrigation plans shall be subject to the review and approval of the Community Development Director. E. Prior to issuance of building permits for the medical marijuana dispensary use, the applicant shall submit details for any proposed new lighting for the site. Any outdoor lighting that would be used in the evening shall be retrofitted with light fixtures that have cut-offs or shields, to eliminate any light spillover in accordance with "dark sky" protocols. Said lighting shall be subject to the review and approval of the Community Development Director. F. Construction shall commence within one (1) year following Board of Zoning Adjustments approval of the Conditional Use Permit and shall be substantially completed one year after commencement of construction. For the purpose of compliance with this condition, commencement of construction shall be defined as the construction or reconfiguration of a substantial portion of the interior building. G. Applicant shall obtain the necessary permits to operate the medical marijuana dispensary in the City of San Leandro, including a San Leandro Business License and any necessary permits required under State law or regulations. Agreement to Conditions July 7, 2016 PLN 16-0025 Page 4 of 10