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3. APPEAL PERIOD: The building permit submittal will only be accepted after completion <br /> of the appeal period provided in the Municipal Code unless the applicant submits a <br /> signed statement acknowledging the plan check fees may be forfeited in the event the <br /> approval is overturned on appeal, or the design is significantly changed as a result of <br /> the appeal. In no case will a building permit be issued prior to the expiration of the <br /> appeal 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 /> Construction Practices and Noticing <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 Permits <br /> 6. MAXIMUM CAPACITY: At no time shall the maximum capacity at the subject tenant <br /> space exceed 49 people. (Project Specific Condition) <br /> 7. NOISE: The applicant shall keep all exterior doors of the tenant space closed but not <br /> locked during instructional session and summer camp hours. (Project Specific <br /> Condition) <br /> 8. PARKING: Parents and guardians shall park in parking stalls when dropping off or <br /> picking up students. No double parking, parking in non-designated stalls, or curb-side <br /> drop-off and pick-up shall be permitted. (Project Specific Condition) <br /> 9. 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 /> P20-0596 Planning Commission <br /> Page 2 of 4 <br />s zoning conditionally permits preschools. Granting a CUP for the <br /> proposed use would 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 /> Commission finds that, as conditioned, the proposed use will comply with all <br /> Page 7 of 8 <br />mmission for possible <br /> mitigation measures (Exhibit A) Possible mitigating conditions could include reducing the <br /> number of children, modifying the arrival/departure times, etc. <br /> Traffic and Circulation <br /> The subject site is located at the northeast corner of the intersection of Hopyard Road and <br /> Stoneridge Drive. Access to the site is provided from the west side of Chabot Drive, the north <br /> P20-0596, 4811 Hopyard Road, Suite G7 Planning Commission <br /> Page 6 of 8 <br /> Page 5 of 8 <br />ed to pay prevailing wages if City monies were <br /> Planning Commission Minutes Page 4 of 10 July 14, 2021 <br /> 2021 <br />