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P23-0840 PC-2024-01, January 24, 2024 Page 2 of 3 3. APPEAL PERIOD: The building permit submittal will only be accepted after completion of the appeal period provided in the Municipal Code unless the applicant submits a signed statement acknowledging the plan check fees may be forfeited in the event the approval is overturned on appeal, or the design is significantly changed as a result of the appeal. In no case will a building permit be issued prior to the expiration of the appeal period. 4. LIABILITY AND INDEMNIFICATION: To the extent permitted by law, the project applicant shall hold harmless, defend (with counsel acceptable to the City), and indemnify the City, its City Council, its officers, commissions, employee and agents from and against any claim, action, or proceeding brought by a third party against the indemnified parties and/or the applicant to attack, set aside, or void the approval of the project or any permit authorized hereby for the project, including without limitation, reimbursing the City its attorneys’ fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. PLANNING DIVISION – 925-931-5600 5. OUTDOOR ACTIVITIES: The applicant shall not conduct any outdoor events or activities at any time. (project specific condition) 6. NOISE: The applicant shall: a. Keep all exterior doors of the tenant space closed when not being used for ingress/egress purposes. b. Inform all students/staff to avoid loitering outside of the building and to be courteous and quiet when entering or leaving the parking area. (project specific condition) 7. MAINTENANCE: The applicant shall maintain the subject property or if applicable, the area surrounding the tenant space, in a clean and orderly manner at all times. 8. MODIFICATIONS: If additional hours of operation or activities beyond what is stated in the “Approved Plans” are desired, prior City review and approval is required. The Director of Community Development may approve the modification or refer the matter to the Planning Commission if judged to be substantial. 9. CONDITIONAL USE PERMIT REVIEW: If the operation of this use results in conflicts pertaining to parking, noise, traffic/circulation, or other factors, at the discretion of the Director of Community Development, this conditional use permit may be submitted to the Planning Commission for their subsequent review at a public hearing. If necessary, the Planning Commission may modify or add conditions of approval to mitigate such impacts, or may revoke said conditional use permit. 10. OUTDOOR STORAGE: There is to be no outdoor storage without prior approval by the City.