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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 /> 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 /> PLANNING DIVISION —925-931-5600 <br /> Conditional Use Permits <br /> 5. REMOVAL OF CONDITIONS OF APPROVAL. Condition 6 approved by UP-91-77 shall be void <br /> pursuant to this approval. There shall be no restrictions on permanent outdoor dining, including <br /> outdoor consumption of alcohol, for the existing bar or future food service uses. (project specific <br /> condition) <br /> 6. PRIOR CONDITIONS OF APPROVAL. Except as modified by Condition 5 above, all conditions of <br /> Case UP-91-77 shall remain in full force and effect. (project specific condition) <br /> 7. HOURS OF OPERATION: The hours of operation for any permanent outdoor dining use shall be <br /> limited to 8 a.m. to 10 p.m., daily. (project specific condition) <br /> 8. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL: The applicant shall obtain all <br /> necessary approvals from the Department of Alcoholic Beverage Control (ABC) prior to <br /> operation. (project specific condition) <br /> 9. 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 /> 10. SIGNAGE: This approval does not include approval of any signage. If signs are desired, the <br /> applicant shall submit a sign proposal to the Planning Division for review and approval prior to <br /> sign installation. <br /> 11. EXTERIOR CHANGES: Changes to the exterior of the building shall not be made without prior <br /> approval from the Planning Division. <br /> 12. RELOCATION: If the applicant wishes to relocate the use to a new address or tenant suite, the <br /> applicant shall secure a new conditional use permit prior to occupying the new building or tenant <br /> space. <br /> 13. IMPACT FEES: The applicant shall pay the required sewer fees, traffic impact fees, and all other <br /> fees the proposed use may be subject to prior to building permit issuance. The type and amount <br /> of the fees shall be those in effect at the time the building permit is issued. <br /> 14. BUILDING PERMIT: Any tenant improvement plans shall be submitted to the Building and Safety <br /> Division for review and approval prior to operation. The applicant shall obtain a building permit <br /> prior to commencement of any work. <br /> End <br />