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approval is overturned on appeal, or the design is significantly changed as a result of the <br /> appeal. In no case will a building permit be issued prior to the expiration of the appeal <br /> period. <br /> 4. LIABILITY AND INDEMNIFICATION: To the extent permitted by law, the project <br /> applicant shall hold harmless, defend (with counsel acceptable to the City), and <br /> indemnify the City, its City Council, its officers, commissions, employee and agents from <br /> and against any claim, action, or proceeding brought by a third party against the <br /> indemnified parties and/or the applicant to attack, set aside, or void the approval of the <br /> project or any permit authorized hereby for the project, including without limitation, <br /> reimbursing the City its attorneys' fees and costs incurred in defense of the litigation. <br /> The City may, in its sole discretion, elect to defend any such action with attorneys of its <br /> choice. <br /> PLANNING DIVISION — 925-931-5600 <br /> Conditional Use Permits <br /> 5. PICK-UP/DROP-OFF PROCEDURES: Parents and guardians shall park in parking stalls <br /> when dropping off or picking up students. No double parking, parking in drive aisles, or <br /> curbside drop-off or pick-up shall be permitted. (Project specific condition) <br /> 6. NOISE: The applicant shall: <br /> a. Keep all exterior doors of the building closed when not being used for <br /> ingress/egress purposes. <br /> b. Inform all students, parents/guardians, and guests to not loiter outside of the <br /> building and to be courteous and quiet when entering or leaving the parking area. <br /> (Project specific condition) <br /> 7. MAINTENANCE: The applicant shall maintain the subject property or if applicable, the <br /> area surrounding the tenant space, in a clean and orderly manner at all times. <br /> 8. MODIFICATIONS: If additional hours of operation, activities, and/or an increase in the <br /> number of students or staff beyond what is stated in the "Approved Plans" are desired, <br /> City review and approval is required prior to making said changes/modifications. The <br /> applicant shall submit any proposed changes/modifications in writing. The Director of <br /> Community Development may approve the modification or refer the matter to the <br /> Planning Commission if judged to be substantial. <br /> 9. CONDITIONAL USE PERMIT REVIEW: If the operation of this use results in conflicts <br /> pertaining to parking, noise, traffic/circulation; or other factors, at the discretion of the <br /> Director of Community Development, this conditional use permit may be submitted to the <br /> Planning Commission for their subsequent review at a public hearing. If necessary, the <br /> Planning Commission may modify or add conditions of approval to mitigate such <br /> impacts, or may revoke said conditional use permit. <br /> 10. SIGNAGE: This approval does not include approval of any signage for the Art of <br /> Problem Solving Academy. If signs are desired, The Art of Problem Solving Academy <br /> shall submit a sign proposal to the Planning Division for review and approval prior to sign <br /> installation. <br /> P19-0008 Planning Commission <br /> Page 2 of 3 <br />and adoption <br /> unless appealed prior to that time. <br />transportation to pick up students from local schools). Staff has determined that the <br /> proposed hours of operation and the associated number of attendees would not have a <br /> significant impact on existing traffic levels. However, should the applicant wish to increase the <br /> P19-0008, 5200 Franklin Drive Planning Commission <br /> 7 of 11 <br />l identify where hand <br /> excavation may be required. Motorized equipment shall not be used within the TREE <br /> PROTECTION ZONE. <br /> 3. Prior to excavation for the demolition and construction the tree may require root pruning <br /> outside the TREE PROTECTION ZONE by cutting all roots cleanly to the depth of <br /> construction. Roots will be exposed by either: pulling soil away from the tree by digging <br />, normally 54"above grade. A multi-branched tree, which has <br />