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3. CONDITIONS OF APPROVAL CHECKLIST: The applicant shall submit a "Conditions of <br /> Approval Checklist" indicating all conditions in Exhibit A have been satisfied, <br /> incorporated into the building permit plans or improvements plans, and/or addressed. <br /> Said checklist shall be attached to all building permit and engineering permit submittals <br /> for review by the City prior to issuance of permits. <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 /> 5. WORK HOURS: All demolition and construction activities, inspections, plan checking, <br /> material delivery, staff assignment or coordination, etc., shall be limited to the hours of <br /> 8 a.m. to 5 p.m., Monday through Saturday. No construction shall be allowed on State <br /> or Federal Holidays or Sundays. The Director of Community Development may allow <br /> earlier "start times" or later "stop times" for specific construction activities, e.g., concrete <br /> pouring. All construction equipment shall meet Department of Motor Vehicles (DMV) <br /> noise standards and shall be equipped with muffling devices. Prior to construction, the <br /> hours of construction shall be posted on site. <br /> Conditional Use Permit <br /> 6. 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 /> 7. MODIFICATIONS: If additional hours of operation or activities beyond what is stated in <br /> the "Approved Plans" are desired, prior City review and approval is required. The <br /> Director of Community Development may approve the modification or refer the matter to <br /> the Planning Commission if judged to be substantial. <br /> 8. 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 <br /> the Planning Commission for their subsequent review at a public hearing. If necessary, <br /> the Planning Commission may modify or add conditions of approval to mitigate such <br /> impacts or may revoke said conditional use permit. <br /> 9. OUTDOOR STORAGE: There is to be no outdoor storage without prior approval by the <br /> City. <br /> P20-0992 Planning Commission <br /> Page 2 of 3 <br />be consistent with the City's ability to regulate zoning as <br /> listed in Chapter 18.124 of the Municipal Code. In addition, the Planning <br /> affect the surrounding uses or <br /> properties and recommends the Planning Commission approve the project. However, <br /> alternatives to the proposal that could be considered by the Planning Commission include: <br /> 1 . Denial of the application. Such an action would preclude the applicant from increasing <br /> the number of students in the private school; or <br /> P20-0992, 4301 Hacienda Drive, Suite 120 Planning Commission <br /> 6of7 <br />