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EXHIBIT B CONDITIONS OF APPROVAL PUD-93-02-9M, Barnabas Nagy 2001 Ruby Hill Boulevard June 19, 2007 General Conditions: 1. The proposed restaurant shall be relocated, operated and maintained in substantial conformance to the development plans and supportive materials, Exhibit A, dated "Received April 20, 2007" on file with the Planning Department, except as modified by the following conditions. Minor changes to the plans may be allowed subject to the approval of the Planning Director if found to be in substantial conformance to the approved exhibits. The applicant shall submit color samples for the review and approval of the Planning Director. 2. All conditions of Case PUD-93-02 shall remain in full force and effect unless otherwise modified herein, except that PUD-93-02 is modified to allow the operation of the restaurant covered by this approval as a conditionally permitted use. 3. The project developer shall obtain a building permit from the Building and Safety Division and any other applicable City permits for the project prior to the commencement of any construction. 4. The project developer shall pay any and all fees to which the property may be subject prior to issuance of building permits. Except for the sewage connection fees, the type and amount of the fees shall be those in effect at the time the building permit is issued. The sewage connection fees shall be paid to the City of Livermore. Evidence of the payment of these fees shall be provided to the Director of Building and Safety before issuance of the building permit. Because of the prior development Agreement covering the property, the project developer is exempt from paying the current City and regional traffic mitigation fees. 5. The proposed outdoor lighting for the subject property shall be of low intensity and shielded in order to minimize its visibility from off-site. Outdoor lighting shall also not glare onto adjacent properties or streets. Exterior lighting shall use the lowest wattage and shall limit the number of fixtures to attain the lowest luminosity. Fixtures shall be no greater than 14 feet in height, including any pedestal assembly, and shall be "shoebox" shielded standards or equal. The design of all lighting shall be reviewed and approved by the Planning Director. The lighting shall utilize photocells and timers to shut off lighting when the facility is not in use. The parking, building, and general site security lighting shall be the 1