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EXHIBIT "B" Conditions of Approval Case PDIN -31 and Modification to Conditional Use Permit No. PCUP -129 1. The outdoor dining area shall be substantially as shown on Exhibit A, marked "Received February 22, 2008," on file with the Planning Department, except as modified by these conditions. 2. Except as modified by these conditions, the use and placement of the outdoor dining area shall adhere to the conditions contained within Section 13.04.435 (Sidewalk Dining/Decorative Displays) of the Pleasanton Municipal Code. A copy of this section is attached for your convenience. 3. The sidewalk dining area shall be limited to the following hours of operation: 11:30 a.m. to 9:45 p.m., Monday through Friday; and 9:00 a.m. to 9:45 p.m. on Saturdays and Sundays. 4. A four -foot (48 inch) unobstructed sidewalk clearance for pedestrians shall be maintained at all times from any portion of the outdoor dining area. 5. A minimum unobstructed clear area shall be maintained around the business entrance which extends two feet beyond each door jamb and eight feet perpendicular from the door in a closed position. 6. The outdoor dining furniture shall be removed daily after business hours. 7. No portion of the outdoor dining area shall be permanently attached to the sidewalk. The applicant shall submit a detail of the outdoor dining railing showing how it would be supported. Said detail shall be subject to the review and approval of the Director of Planning and Community Development prior to installation of the outdoor dining area. 8. At no time shall smoking be allowed in the outdoor dining area (Pleasanton Municipal Code, Chapter 9.24). 9. The applicant shall create a smoking area with bench and ash/cigarette butt receptacle along the western side of the building. The applicant shall direct patrons wishing to smoke to use this smoking area. The applicant shall also request smoking customers to be quiet while smoking outside and to not loiter outside after smoking. The smoking area shall be located a reasonable distance from building entries and outdoor dining areas. Plans and specifications for the smoking area location, bench, and ash/cigarette butt receptacle shall be submitted to the Director of Planning and Community Development for review and approval prior to installation. 10. The site shall be kept clean from all litter and debris. 11. The capacity of the outdoor dining area shall be limited to number of seats shown on the approved plan, Exhibit A.