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proceeding brought by a third party against the indemnified parties and/or the applicant to <br /> attack, set aside, or void the approval of the project or any permit authorized hereby for the <br /> project, including without limitation, reimbursing the City its attorneys' fees and costs incurred in <br /> defense of the litigation. The City may, in its sole discretion, elect to defend any such action with <br /> attorneys of its choice. <br /> PLANNING DIVISION — 925-931-5600 <br /> Conditional Use Permits <br /> 5. ALCOHOL SERVICE: Alcohol service shall be limited to a maximum of two drinks per hour, per <br /> axe-throwing participant. (PROJECT SPECIFIC CONDITION) <br /> 6. EMPLOYEE ALCOHOL TRAINING PROGRAM: Prior to the start of employment, employees <br /> that serve alcohol shall undergo an alcohol training program, such as TIPS (Training for <br /> Intervention Procedures), designed to prevent intoxication, underage drinking, and drunk <br /> driving. (PROJECT SPECIFIC CONDITION) <br /> 7. FOOD SERVICE: Food items shall be available to patrons during all operating hours of the <br /> business. (PROJECT SPECIFIC CONDITION) <br /> 8. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL: The applicant shall obtain all <br /> necessary approvals from the California Department of Alcoholic Beverage Control (ABC) <br /> prior to operation. (PROJECT SPECIFIC CONDITION) <br /> 9. OUTDOOR ACTIVITIES: The applicant shall not conduct any outdoor events or activities at any <br /> time. (PROJECT SPECIFIC CONDITION) <br /> 10. NOISE: The applicant shall: <br /> a. Keep all exterior doors of the building closed when not being used for ingress/egress <br /> purposes. <br /> b. Inform all patrons to not loiter outside of the building and to be courteous and quiet when <br /> entering or leaving the parking area. (PROJECT SPECIFIC CONDITION) <br /> 11. MAINTENANCE: The applicant shall maintain the area surrounding the tenant space in a clean <br /> and orderly manner at all times. <br /> 12. MODIFICATIONS: If additional hours of operation or activities beyond what is stated in the <br /> "Approved Plans" are desired, prior City review and approval is required. The Director of <br /> Community Development may approve the modification or refer the matter to the Planning <br /> Commission if judged to be substantial. <br /> 13. CONDITIONAL USE PERMIT REVIEW: If the operation of this use results in conflicts pertaining <br /> to parking, noise, traffic/circulation, or other factors, at the discretion of the Director of <br /> Community Development, this conditional use permit may be submitted to the Planning <br /> Commission for their subsequent review at a public hearing. If necessary, the Planning <br /> Commission may modify or add conditions of approval to mitigate such impacts, or may revoke <br /> said conditional use permit. <br /> P19-0140 Planning Commission <br /> Page 2 of 3 <br />wledging the plan check fees may be forfeited in the event the approval is overturned on <br /> appeal, or the design is significantly changed as a result of the appeal. In no case will a building <br /> permit be issued prior to the expiration of the appeal period. <br /> 4. LIABILITY AND INDEMNIFICATION: To the extent permitted by law, the project applicant shall <br /> hold harmless, defend (with counsel acceptable to the City), and indemnify the City, its City <br /> Council, its officers, commissions, employee and agents from and against any claim, action, or <br />ch high by 1- <br /> inch stroke. In all cases address numerals shall be of contrasting background and clearly visible <br /> in accordance with the Livermore-Pleasanton Fire Department Premises Identification Standards. <br /> This may warrant field verification and adjustments based upon topography, landscaping or other <br /> obstructions. <br /> P19-0092 Planning Commission <br /> Page 7 of 9 <br />age 4 of 9 <br />