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8. The applicant shall meet all the requirements of the State Fire Marshall relating to large <br /> family day care homes and obtain a final inspection by the Livermore Pleasanton Fire <br /> Department. <br /> 9. If additional hours or activities beyond what was stated in the applicant's statement of <br /> operation on file in the Planning Division are desired, City review and approval is <br /> required. Such modification may be approved by the Director of Community <br /> Development if found to be in substantial conformance with the approval. The Director of <br /> Community Development may require neighborhood noticing of the matter if the <br /> proposed changes are determined to be significant. <br /> 10. A 30-minute gap between 12 p.m. and 12:10 p.m. and between 12:30 p.m. and <br /> 12:40 p.m. shall be required when the large family day care home is in operation, i.e. <br /> part-time preschoolers shall be picked up no later than 12 p.m. - 12:10 p.m. and no <br /> TK-K children shall be dropped off earlier than 12:30 p.m. - 12:40 p.m. <br /> STANDARD CONDITIONS OF APPROVAL <br /> 11. The applicant's site shall be maintained in a neat and litter-free manner at all times. <br /> 12. If operation of this large family day care home results in conflicts pertaining to parking, <br /> noise, traffic/circulation, or other factors, at the discretion of the Director of Community <br /> Development, this permit may be referred to the Planning Commission for its review at a <br /> public hearing. If necessary, the Planning Commission may modify or add conditions of <br /> approval to mitigate such impacts, or may revoke the said permit approval. Possible <br /> mitigation measures may include changing the hours of operation or other measures <br /> deemed necessary. <br /> 13. At no time shall signs, balloons, banners, pennants, or other attention-getting devices be <br /> utilized on the site for this large family day care home. <br /> 14. This approval will lapse one (1) year from the effective date of approval unless the <br /> applicant receives a business license for the large family day care home. <br /> 15. To the extent permitted by law, the project applicant shall defend (with counsel <br /> reasonable acceptable to the City), indemnify and hold harmless the City, its City <br /> Council, its officers, boards, commissions, employees and agents from and against any <br /> claim (including claims for attorneys fees), action, or proceeding brought by a third party <br /> against the indemnified parties and the applicant to attack, set aside, or void the <br /> approval of the project or any permit authorized hereby for the project, including (without <br /> limitation) reimbursing the City its attorneys fees and costs incurred in defense of the <br /> litigation. The City may, in its sole discretion, elect to defend any such action with <br /> attorneys of its choice. <br /> P18-0314, 3149 Chardonnay Drive Planning Commission <br /> Page 2 of 2 <br />erally do not contribute to the noise environment in a constant and <br /> continuous way that would support a Code Enforcement action. While one could imagine an <br /> extreme example of a situation where human voices would be considered to violate the <br /> Noise Ordinance (e.g., a stadium filled with people adjacent to a residential district, or loud <br /> recreational activities in the middle of the night), groups of children playing outside during <br /> daytime hours do not generally rise to the level of a violation because this noise resembles <br /> that associated with a typical residential household with young occupants. However, the use <br /> of mechanized equipment (e.g., musical instruments, amplified speakers), whether a part of <br /> a home day care or a single-family residence, could violate the City's noise standards. Such <br /> equipment is not proposed as part of this application. Therefore, the proposed Large Family <br /> Day Care would not exceed the thresholds in the Noise Ordinance for residential properties. <br /> The Noise Element of the General Plan identifies land use compatibility standards for <br /> different land uses. For instance, noise levels between 60 and 75 decibels on the day-night <br /> equivalent level (Ldn) are considered conditionally acceptable in single-family residential <br />