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refer the use permit to the Planning Commission for its review. After conducting the review and receiving public input, the Planning Commission may add or modify conditions of approval. The last step would be to revoke the conditional use permit. Ms. McGovern asked if the private streets in the Valencia Development were maintained by the HOA? Mr. Iserson said yes. From a liability basis, Ms. McGovern asked what would occur if there were an accident on a private street? If the street were in a dangerous condition, Mr. Roush assumed the HOA would be the defendant in the same way the City would be the defendant if it were alleged that a City had a dangerous condition of a public street. Presumably, the HOA obtains liability insurance and is a part of the HOA dues in order to cover these types of contingencies. If it were a design issue with respect to the street or some other condition that the HOA was responsible for, it would be the defendant. If Council approved the conditional use permit for a large family daycare home, Ms. McGovern asked if it could be decided that this is the reason why the street is more dangerous. Mr. Roush said it seemed unlikely that a court would keep the City in a lawsuit solely on these grounds. Mr. Brozosky asked if were possible for Council to issue a conditional use permit with a sunset clause that required the applicant to renew its permit? Mr. Iserson suggested a review period, which is not uncommon for conditional use permits where there are questions and possible outcomes. Council could impose that after six months or one or two years, staff be directed to conduct a review to determine how the daycare is operating and how these issues have been addressed and report back to the Planning Commission and/or Council. Mr. Roush said the difficulty with sunset provisions is that sometimes applicants rely on the use permits to make certain improvements or an expectation that it make certain investments based upon the use permit. If Council made the sunset period too short, it becomes an economic hardship in terms of being able to implement the conditional use permit in the first place. If Council were going to place a sunset provision on the conditional use permit, there would need to be some reasonable length of time. If Council was concerned about any applicant meeting the conditions of approval, a review period was more manageable than a sunset provision. Mr. Brozosky said his concern with a review period places notice on the neighbors and the City instead of the applicant to remedy the issues. Ms. McGovern asked if the review process could include a stipulation of a certain time period whereby if there were no outstanding complaints within that period of time, the conditional use permit renews itself? Pleasanton City Council Minutes 13 02/07/06