|
EXHIBIT A
<br /> DRAFT CONDITIONS OF APPROVAL
<br /> P19-0431
<br /> 680 Main Street
<br /> March 11, 2020
<br /> The applicant is hereby notified, as part of this approval, that (s)he is required to satisfy and maintain
<br /> compliance with the conditions of approval below. Where approval by the Director of Community
<br /> Development, Planning Division, Director of Engineering/City Engineer, City Attorney, Chief Building and
<br /> Safety Official, Fire Department or other City staff is required, review shall be for compliance with all
<br /> applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations, and
<br /> accepted practices related to the approval. In addition to complying with the conditions below, the
<br /> applicant is required to comply with all applicable federal, state, and local laws that pertain to this project
<br /> whether or not specifically noted herein.
<br /> This approval is granted for Conditional Use Permit approval to serve alcohol after 11 p.m. at an existing
<br /> restaurant, Oyo, located at 680 Main Street, Assessor Parcel No. 094-0107-019-03 Development shall
<br /> be substantially as shown on the project materials listed below:
<br /> a. Narrative and Project plans, Exhibit B, prepared by Maurice Dissels for Oyo, dated "Received" on
<br /> February 27, 2020, and kept on file in the Planning Division of the Community Development
<br /> Department.
<br /> The project materials listed above are collectively the "Approved Plans".
<br /> THIS APPROVAL IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS:
<br /> 1. APPROVAL AND REVISIONS: The proposed use shall be in substantial conformance with the
<br /> "Approved Plans," except as modified by the following conditions. Minor changes to the plans
<br /> may be allowed subject to the approval of the Director of Community Development if found to be
<br /> in substantial conformance with the approved exhibits.
<br /> 2. EXPIRATION — CONDITIONAL USE PERMIT: This Conditional Use Permit (CUP) approval will
<br /> lapse and shall become void 1 year following the date on which the CUP became effective unless
<br /> the use is effectuated.
<br /> 3. 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 /> proceeding brought by a third party against the indemnified parties and/or the applicant to attack,
<br /> set aside, or void the approval of the project or any permit authorized hereby for the project,
<br /> including without limitation, reimbursing the City its attorneys' fees and costs incurred in defense
<br /> of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys
<br /> of its choice.
<br />g Oyo, for Conditional Use Permit approval to serve
<br /> alcohol after 11 p.m. at an existing restaurant located at 680 Main Street, subject to the
<br /> Conditions of Approval shown in Attachment 1, attached hereto and made part of this
<br /> case by reference.
<br /> Section 3: This resolution shall become effective 15 days after its passage and
<br /> adoption unless appealed prior to that time.
<br />downtown operations"
<br /> such as operation of businesses, special events and similar activities are not to be considered
<br /> a nuisance, provided that they adhere to applicable noise and operational standards. As
<br /> proposed and conditioned, staff believes the restaurant serving alcohol past 11 p.m. is
<br /> consistent with the Downtown Specific Plan's policies.
<br /> P19-0431, 680 Main Street Planning Commission
<br /> 6 of 8
<br />
|