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Staff's response: The applicant objected to this condition as being overly restrictive. The intent of this condition is to ensure the shared parking between Chabad and St. Clare's would adequately serve both parties and that the surrounding residential neighborhood would not be significantly impacted by parking when there is an event taking place at Chabad, by defining a reasonable schedule for monitoring that would need to be conducted during the initial months of operation of the facility. The Commission may retain, revise, or remove the condition proposed by staff. 28. Representatives of Chabad of the Tri-Valley shall regularly inform all users of the site/building, including synagogue members, childcare facility/preschool patrons, and the public attending any events/gatherings not to loiter outside of the building, and to be respectful of neighbors and to be quiet when entering or leaving the parking area. Staffs response: Similar to Condition No.11, this condition intends to minimize noise impacts on the surrounding neighbors. This condition is commonly applied to churches, daycares, tutoring facilities, etc. where patrons may congregate outside of the building. The Commission may retain, revise, or remove the condition proposed by staff. 43. To the extent permitted by law, the project applicant shall defend (with counsel reasonably acceptable to the City), indemnify and hold harmless the City, its City Council, its officers, boards, commissions, employees and agents from and against any claim (including claims for attorney's fees), action, or proceeding brought by a third party against the indemnified parties and 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 attorney's 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. Staff's response: The applicant objected to this condition as being overly restrictive. However, this is a standard condition, defending the City from liability associated with project approval, and it is applied to all projects that require discretionary review. 44. 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. Staff's response: The applicant objected to this condition as being overly restrictive. The Pleasanton Municipal Code Section 18.124.130 - Suspension and revocation states upon violation of any applicable provision of this chapter or upon failure to comply with conditions, a use permit shall be subject to suspension or revocation. This is a standard condition applied to all conditional use permit approvals. If the operation of a conditionally permitted use results in significant impacts relating to parking, noise, traffic/circulation, or other factors after it receives approval, the Commission has the authority to review the use permit at a public hearing and determine whether the conditional use permit should be suspended or revoked. P16-0288 and P16-1833; 3370 Hopyard Road Planning Commission Page 10 of 12