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characteristics of its operations, such as special promotions and sales, are consistent <br />with the City's expressed intent that a high quality level be continuously <br />maintained. <br />D. Food sales by small scale businesses or delicatessen operations selling such items <br />as ice cream, pastries, coffee and tea, yogurt, or other specialty type foods may be <br />permitted as an accessory use to anchor tenants in excess of 10,000 square feet. The <br />use is also allowed in Buildings D, H, K, or adjacent portions of Building E and C, <br />and the Central Plaza area with prior approval of the Zoning Enforcement Official <br />based upon the standards set forth in paragraph C, or in any of the buildings as an <br />allowed use in the CC, Community Commercial, Zoning District, subject to any <br />applicable restrictions (e.g., Overlay Zoning District requirements, or Conditional <br />Use Permit, Administrative Review, and Temporary Use Permit requirements). <br />E. Full service ("sit-down") restaurants may be permitted (in Buildings H, I, J, and K) <br />with prior approval of the Zoning Enforcement Official based upon the standards <br />set forth in Paragraph C, or in any of the buildings as an allowed use in the CC, <br />Community Commercial, Zoning District, subject to any applicable restrictions <br />(e.g., Overlay Zoning District requirements, or Conditional Use Permit, <br />Administrative Review, and Temporary Use Permit requirements). <br />F. Any land uses not specified above in Paragraphs A-E, shall be consistent with the <br />underlying CC, Community Commercial, District, and any applicable Overlay <br />Zoning requirements. <br />G. The Property Owner or their successor in interest shall use its best efforts to notify <br />the Zoning Enforcement Official in writing of all initial tenancies and changes in <br />tenancies of any lease, lease agreement, or sublease for the tenancy. Notice to the <br />Zoning Enforcement Official may be in the form of an application for business <br />license. The Zoning Enforcement Official shall make the determinations authorized <br />in Paragraph C of this condition and/or based on the allowed uses in the underlying <br />CC, Community Commercial, Zoning District. Determinations of the Zoning <br />Enforcement Official may be appealed to the Board of Zoning Adjustments. <br />H. The Zoning Enforcement Official shall determine the solution to any conflicts that <br />may arise between the updated conditions in this agreement and the Zoning Code. <br />I. The Property Owner shall include the list of approved and prohibited uses in all <br />tenant leases. <br />J. No interior mezzanines other than storage are approved as part of this proposal. <br />Any future approval for occupancy of mezzanines will be considered an increase <br />in floor area and an additional parking requirement will be imposed. <br />K. Any substantial modification to the types of allowable uses shall require a <br />modification to this Planned Development. <br />AGREEMENT TO CONDITIONS May 27, 2022 <br />PLN21-0047, Minor Amendment to PD-88-5 1245 Marina Boulevard <br />Page 9 of 10 <br />