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Resolution No. PC-2001-45 <br />Page 4 <br /> <br /> EXHIBIT "B" <br />Conditions of Approval <br />PCUP-36 - Toby's Restaurant <br />September 26, 2001 <br /> <br />Operation of the use shall be substantially as shown on Exhibit A, comprised of <br />the site plan and floor plan, dated "Received September 6, 2001", written <br />narrative, dated "Received May 31, 2001", and written narrative, dated Received <br />"September 6, 2001 "site and floor plans, the applicant's narrative, dated <br />"Received September 6, 2001", on file with the Planning Department, except as <br />modified by the following conditions. Minor changes to the plans may be <br />allowed subject to the approval of the Planning Director if found to be in <br />substantial conformance to the approved exhibits. <br /> <br />In the event that the applicants propose to modify the hours of operation or other <br />aspects of the business operation, or modify the exterior building or site, the <br />modification shall be subject to the review of the Planning Director. The <br />Planning Director may approve the modification or refer the matter to the <br />Planning Commission if judged to be substantial. <br /> <br />As stated in the applicants' narrative, appetizers or other acceptable food service <br />shall be available for patrons of the restaurant/bar during the operating hours of <br />the business. <br /> <br />Except for outdoor dining areas, alcohol shall not be consumed outside the <br />establishment. Alcohol service and consumption on the decks is allowed only <br />upon specific approval by the Department of Alcoholic Beverage Control (ABC) <br />and shall be subject to ABC requirements. The applicants are responsible for <br />supervising and controlling the activities of their customers within the outdoor <br />dining areas. The applicants shall ensure that no disorderly behavior occurs in <br />these areas and that drinks are not taken outside of the outdoor dining areas. The <br />inability of the applicants to perform in this manner shall be cause for review and <br />revocation of this use permit as it pertains to the service of alcoholic beverages in <br />the outdoor dining areas. <br /> <br />The applicants shall obtain all necessary approvals from the Department of <br />Alcoholic Beverage Control (ABC) prior to occupancy. <br /> <br />The applicants shall contact the Building, Fire, Police, and County Environmental <br />Health Departments to determine all applicable requirements. The structure shall <br />conform with all applicable occupancy requirements, codes, and ordinances. All <br />future tenant improvements shall be included as part of this condition. <br /> <br /> <br />