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19-1015_RIVER STREET SJC, LLC_Agenda Report_D1_Attachment_8 ATTACHMENT 8 September 24, 2019 Planning Commission 2 Recommended Conditions Proposed text additions are identified by bold underlined text, while deletions are indicated by strikeout font. Condition #1: Prohibit Exterior (outdoor) Amplified Music Specific Plan Amendment - Appendix A, Table 3.6-1 has been revised to include the prohibition of Exterior (outdoor) Amplified Music. Table 3.6-1 Permitted Land Uses Within the Commercial Core Planning Area of the Los Rios Specific Plan Condition #2: Smoking Ban Specific Plan Amendment – Page 3-9 has been revised to include: 3.13 No Smoking on Property Pursuant to Municipal Code Chapter 20, Section 5-20-01, with the exception of employee smoking area(s), smoking of tobacco, or any other weed, plant or substance is a positive danger to health and a material annoyance, inconvenience, discomfort and a possible health hazard to those who are present in confined and unconfined spaces, and in order to serve the public health, safety and welfare, smoking of tobacco or any other weed, plant or substance is prohibited on the River Street Marketplace property. “Smoke” or “smoking” means and includes any of the following: engaging in an act that generates gases, particles or vapors released into the air as a result of combustion, electrical ignition or vaporization, including from a lighted pipe, a lighted hookah pipe, a lighted cigar, a lighted cigarette, or an electronic or battery operated smoking device that delivers vapors for inhalation, when the purpose of the combustion, electrical ignition or vaporization is human inhalation of the gases, particles or vapors. Smoking does not include the combustion of material solely for olfactory purposes that does not contain any tobacco or nicotine. Smoking shall include smoking from every variation and type of electronic or battery operated smoking device that delivers vapors for inhalation, whether they are manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah or any other product name or descriptor. Land Use Status Live Music (amplified and unamplified, within an enclosed building until 10 PM) Permitted Live music (non-amplified outdoor until 9:30 PM) Permitted Live Music (amplified outdoor) Conditionally Permitted or Special Use Permit Not Permitted