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P24-0110 Planning Commission Page 2 of 3 2. EXPIRATION – CONDITIONAL USE PERMIT: This Conditional Use Permit (CUP) approval will lapse and shall become void one year following the date on which the CUP became effective, unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the CUP application; or a certificate of occupancy is issued for the structure which was the subject of the CUP application; or the site is occupied if no building permit or certificate of occupancy is required; or the applicant or his/her successor has filed a request for extension with the Zoning Administrator pursuant to the provisions of the Pleasanton Municipal Code. 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 Conditional Use Permits 5. OPERATION HOURS: The operation hours of the facility shall be those listed in the narrative dated “Received” February 14, 2024, on file with the Planning Division of the Community Development Department. (Project Specific Condition) 6. MODIFICATIONS: If additional hours of operation, activities, and/or an increase in the number of children or staff beyond what is stated in the “Approved Plans” are desired, City review and approval is required prior to making said changes/modifications. The applicant shall submit any proposed changes/modifications in writing. The Director of Community Development may approve the modification or refer the matter to the Planning Commission if judged to be substantial.