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Resolution No. 2011-xx Page 5 of 7 Modified Conditions for Conditional Use Permit No. 2009-22 Conditional Use Permit No. 2009-22 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The project shall remain in compliance with Site Plan Review (DP No. 09- 12). 2. The conditional use permit applies only to the restaurant use at the ground level not to exceed 4,268 square feet and shall not include the basement area or existing hotel on the property. 3. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. B. Police Department 1. There shall be no fixed bar on the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. 2. At all times when the premises is open for business the sale of alcoholic beverages shall be made only in conjunction with the sale of food to the person ordering the beverage. 3. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 4. Any background music or noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. Exhibit A Page 1 of 3