Agmt to Conds 1788 Fairway Drive

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4. The Project and use shall: remain in substantial compliance with the approved plans and exhibits. Proposed changes to the Conditional Use Permit or the approved plans shall be made in writing to the Zoning Enforcement Official, who may either administratively approve a minor modification or bring it back to the Board of Zoning Adjustments for review. II. PERMITTED USE 5. Scope of Work. The approval of the Conditional Use Permit and a Parking Exception application allows for a Supermarket with public access and delivery to operate in conjunction with a Warehouse and Distribution Facility on the subject Property zoned Industrial General (IG) located at 1788 Fairway Drive (Prologis). This approval includes the sale of alcoholic beverages for off -site consumption. III. USE RESTRICTIONS 6. Parking. The Project shall be subject to the minimum parking requirements provided in the parking and traffic study dated November 9, 2021 by DKS Associates. There shall be a minimum of 81 parking spaces available for the warehouse and distribution space and one parking space available for the supermarket use. 7. ABC Licensing. Tenant and/or property owner shall obtain the necessary permits for off sale of alcoholic beverages in the City of San Leandro and any necessary permits required under State law or regulations. 8. No On -Site Alcohol Consumption. No alcoholic beverages shall be consumed on the subject property. 9. No Temporary Sales. Temporary or mobile third -party vendors shall be prohibited from operating tent sales or sidewalk sales on the premises. 10. No Outdoor Merchandise. No merchandise shall be stored or permitted for display outdoors. 11. Loading and Unloading. Loading and unloading from the parking lot and loading docks shall be conducted in a measured and organized manner. Delivery scheduling shall be monitored and metered to avoid site congestion so that the number of delivery vehicles do not exceed the capacity of the designated parking spaces and loading areas at any given time. 12. Alcoholic Beverage Advertising. No alcoholic beverage advertising shall be visible from outside the building in which the alcoholic beverage is sold. 13. Alcoholic Beverage Delivery. The licensee authorized by the California Department of Alcoholic Beverage Control ("ABC") shall be responsible for the sale and delivery of alcoholic beverages from the site. All employees, contractors and persons who participate in the sale and delivery of alcoholic beverages from this facility shall validate customer age at the point of sale and point of delivery to ensure that alcoholic beverages are sold and received by customers age 21 or over. Exhibit B: Conditions of Approval February 3, 2022 PLN20-0024 1788 Fairway Drive Page 2 of 8