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