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is overturned on appeal, or the design is significantly changed as a result of the appeal. <br /> In no case will a building 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 <br /> shall hold harmless, defend (with counsel acceptable to the City), and indemnify the City, <br /> its City Council, its officers, commissions, employee and agents from and against any <br /> claim, action, or proceeding brought by a third party against the indemnified parties <br /> and/or the applicant to attack, set aside, or void the approval of the project or any permit <br /> authorized hereby for the project, including without limitation, reimbursing the City its <br /> attorneys' fees and costs incurred in defense of the litigation. The City may, in its sole <br /> discretion, elect to defend any such action with attorneys of its choice. <br /> PLANNING DIVISION — 925-931-5600 <br /> Conditional Use Permits <br /> 5. HOURS OF OPERATION: The restaurant shall be limited to the hours of Monday through <br /> Wednesday 11 a.m. - 11 p.m., Thursday and Friday 11 a.m. — 1 a.m., Saturdays 10 a.m. <br /> — 1 a.m., and Sundays 10 a.m. — 9 p.m. The restaurant is also permitted to be open until <br /> 1 a.m. up to 10 times throughout the year for holidays and special occasions such as <br /> New Year's Eve or St. Patrick's Day that may not fall on a Thursday, Friday, or Saturday. <br /> Minor changes to the hours may be allowed subject to the approval of the Director of <br /> Community Development if found to be in substantial conformance with the approved <br /> findings. (project specific condition) <br /> 6. NOISE: The applicant shall keep all exterior doors of the building closed when not being <br /> used for ingress/egress purposes. (project specific condition) <br /> 7. GOOD NEIGHBOR POLICY: The applicant (or designated representative of the <br /> business) shall adhere to a "good neighbor" policy, meaning that the applicant/business <br /> representative/employees must respect the rights of neighboring properties and be <br /> aware of the impact of customers leaving late at night and their potential disturbance of <br /> residential neighbors. The applicant/business representative/employees shall: <br /> a. Ensure the patrons comply with all applicable noise, parking, and outdoor smoking <br /> area requirements; <br /> b. On a regular basis, pick up litter created by the business and the patrons on a <br /> regular basis in the area outside the building, within the nearby parking area and <br /> outside adjacent businesses; <br /> c. Ensure the patrons do not loiter in front of the business or adjacent neighboring <br /> businesses and residences, and, if needed work with City staff regarding the <br /> installation of enforceable no loitering signage; and <br /> d. Post signage near exit doors alerting patrons to residential neighbors. (project <br /> specific condition) <br /> 8. ALCOHOL PRICING: Alcoholic beverages shall not be heavily discounted in price. Prior <br /> to occupancy, the applicant shall submit an alcoholic beverage menu with pricing <br /> (including "happy hour" or other reduced-price alcohol promotions) for the review and <br />anta Rita Road Planning Commission <br /> Page 20 of 21 <br /> area shall drain into the trash <br /> PUD-125, 2350 Santa Rita Road Planning Commission <br /> Page 17 of 21 <br />25, 2350 Santa Rita Road Planning Commission <br /> Page 15 of 21 <br />g Commission <br /> Page 3 of 21 <br />