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3. APPEAL PERIOD: The building permit submittal will only be accepted after completion of the <br /> appeal period provided in the Municipal Code unless the applicant submits a signed statement <br /> acknowledging the plan check fees may be forfeited in the event the approval is overturned on <br /> appeal, or the design is significantly changed as a result of the appeal. In no case will a building <br /> permit be issued prior to the expiration of the appeal period. <br /> 4. LIABILITY AND INDEMNIFICATION: To the extent permitted by law, the project applicant shall <br /> hold harmless, defend (with counsel acceptable to the City), and indemnify the City, its City <br /> Council, its officers, commissions, employee and agents from and against any claim, action, or <br /> proceeding brought by a third party against the indemnified parties and/or the applicant to <br /> attack, set aside, or void the approval of the project or any permit authorized hereby for the <br /> project, including without limitation, reimbursing the City its attorneys' fees and costs incurred in <br /> defense of the litigation. The City may, in its sole discretion, elect to defend any such action with <br /> attorneys of its choice. <br /> PLANNING DIVISION —925-931-5600 <br /> Site Development and Building Design <br /> 5. BUILDING MATERIALS AND COLORS: The building materials and colors in the Approved <br /> Plans shall be stated on the building permit plans. <br /> 6. FENCE/WALL: All fencing and walls shall be shown on the construction plans with the building <br /> permit submittal. The design and location must be approved by the Planning Division and <br /> comply with all setback requirements. <br /> 7. OUTDOOR STORAGE: There is to be no outdoor storage without prior approval by the City. <br /> 8. SIGN PROGRAM: Site and building signage are not approved. Empire Montessori shall submit <br /> a comprehensive sign package to Hacienda Business Park for review and approval prior to <br /> submitting site and building signage to the City for review. No site or building signage shall be <br /> installed until approval is granted by the City. Project Specific Condition. <br /> 9. SITE AND BUILDING MODIFICATIONS: The plans submitted to the Building and Safety <br /> Division for plan check and permit issuance shall include courtyard site modification plans and <br /> elevation drawings depicting the new trellis in relationship to the building and hardscape and/or <br /> landscape changes. Project Specific Condition. <br /> Construction Practices and Noticing <br /> 10. WORK HOURS: All demolition and construction activities, inspections, plan checking, material <br /> delivery, staff assignment or coordination, etc., shall be limited to the hours of 8 a.m. to 5 p.m., <br /> Monday through Saturday. No construction shall be allowed on State or Federal Holidays or <br /> Sundays. The Director of Community Development may allow earlier "start times" or later "stop <br /> times" for specific construction activities, e.g., concrete pouring. All construction equipment shall <br /> meet Department of Motor Vehicles (DMV) noise standards and shall be equipped with muffling <br /> devices. Prior to construction, the hours of construction shall be posted on site. <br /> Conditional Use Permits <br /> 11. CAPACITY: Empire Montessori shall be limited to a maximum of 120 preschool students and 18 <br /> administrators/staff/volunteers on-site at any given time. Project Specific Condition <br /> P19-0048 and P19-0049 Planning Commission <br /> Page 2 of 7 <br />emicals, or other harmful materials shall be deposited or disposed <br /> within the dripline of the trees or in drainage channels, swales, or areas that may lead to <br /> the dripline. <br /> P19-0048 and P19-0049 Planning Commission <br /> Page 6 of 7 <br />or security may be <br /> released early with a certification letter by the arborist confirming he/she was present during <br /> said tree work and work was performed in accordance with the arborist's recommendations. <br /> P19-0048 and P19-0049 Planning Commission <br /> Page 5 of 7 <br />