CITY OF VACAVILLE PLANNING COMMISSION Agenda Item No. G.1 STAFF REPORT September 15, 2009 Staff Contact: Peyman Behvand (707)

CITY OF VACAVILLE PLANNING COMMISSION Agenda Item No. G.1 STAFF REPORT September 15, 2009 Staff Contact: Peyman Behvand (707) 449-5140 TITLE: REQUEST: RECOMMENDED ACTION: SONIC DRIVE-IN APPROVE A MODIFICATION TO A PREVIOUS CONDITIONAL USE PERMIT, AN EXCEPTION TO THE TRAFFIC IMPACT STANDARDS AND AN ENVIRONMENTAL ASSESSMENT TO OPERATE A SONIC DRIVE-IN RESTAURANT AT 151 BELLA VISTA ROAD. RECOMMEND THAT THE CITY COUNCIL ADOPT THE MITIGATED NEGATIVE DECLARATION AND APPROVE THE SONIC-DRIVE IN MODIFICATION OF A PREVIOUS CONDITIONAL USE PERMIT INCLUDING THE TRAFFIC IMPACT STANDARDS EXCEPTION, SUBJECT TO THE CONDITIONS OF APPROVAL. APPLICATION INFORMATION APPLICATIONS: Modification (to approved Conditional Use Permit), Traffic Impact Standards Exception and Environmental Assessment FILE NO: File No. 09-086 APPLICANT: Scot Cochran, Sonic Drive-in PROPERTY OWNER: Richard Quinn PROPERTY INFORMATION LOCATION: SITE AREA: ZONING DISTRICT: GENERAL PLAN DESIGNATION: CURRENT LAND USE: ADJACENT ZONING & USE: 151 Bella Vista Road 17,028 sq. ft. (0.39 acres) Service Commercial (CS) Special Standards Overlay (SS-2, Bella Vista Rd./Davis St. Coordinated Access required) Commercial Service CS - Vacant Drive-through building North: CS - City Park-and-Ride Lot South: Bella Vista Road; CS - Commercial and Residential uses East: Davis Street; CS - Commercial and Service uses West: Interstate 80 On-ramp; vacant parcel PROJECT SUMMARY SITE AREA: BUILDING FLOOR AREA: Existing: 17,028 sq. ft. (0.39 acres) Proposed: 25,230 sq. ft. (0.58 acres) 2,604 sq. ft.

FLOOR AREA RATIO (FAR): Existing:.15 Proposed:.10 PARKING: Required: 26, including 1 accessible space Proposed: 26, including 2 accessible ACCESS: Via driveways on Davis Street and Bella Vista Road UTILITIES: City utilities serve the site PROJECT DESCRIPTION The project proposal is to occupy an existing 2,604 sq. ft. building with drive-through lane at 151 Bella Vista Road with a Sonic Drive-in restaurant. The applicant is proposing to install Sonic brand canopies with take-out menu fixtures; these canopies would be installed over 15 on-site parking spaces required for Sonic. The parking spaces for the project can be used for dine-in or take out purposes. The Modification request also includes a proposal to reduce the landscape setback adjoining the Park-and-Ride Lot from 2 feet to 0 feet. As part of this project the applicant is proposing to buy and use 17 parking spaces currently located in the City's adjoining Park-and- Ride Lot. The area including these spaces would be added to the overall Sonic project site making the site larger than the previous approval. The addition of the spaces to the Sonic project site will be done through a Lot Line Adjustment. In return the applicant will fund the construction of 17 replacement spaces in the adjacent City-owned parcel on Davis Street which will be added to the City's parking facility. The applicant is also requesting an exception to the City s Traffic Impact Standards to allow the project to temporarily worsen for a short-term period the Level of Service at the Davis Street and Hume Way intersection. The Traffic Impact Standards exception is subject to approval by the City Council. The details of the traffic impact standards exception is discussed in more detail in this report. PREVIOUS ACTIONS TAKEN July 2002 The City Council adopted a Negative Declaration and approved the design/construction for the Bella Vista Road park and ride lot, including the creation of the remnant parcel that was subsequently sold by the City s Redevelopment Agency to the current owner for future commercial development. August 2007 The Planning Commission approved the White Oleanders Design Review to construct an approximately 2,700 sq. ft. drive-through building and 14 parking spaces. The project approval also included a reduction in the required landscaping from 10 feet to 7 feet along Bella Vista Road and from 5 feet to 2 feet adjacent to the Park-and-Ride Lot. The Planning Commission also approved a request to allow more than 40% of on-site compact spaces. PROJECT ANALYSIS COMPLIANCE WITH CITY ORDINANCES AND ADOPTED POLICIES: 1. Modification (to an approved Conditional Use Permit) Section 14.09.119.010 (Modification) of the City of Vacaville Land Use and Development Code states: A modification allows for a change to the approved plans, operating criteria, or conditions of approval of an approved project when such changes are not in substantial compliance with the project approval, and for changes to existing buildings. In this case the 2

applicant is proposing to modify the site plan by adding 17 parking spaces from the adjoining City Park-and-Ride Lot for use by Sonic, modifying the previously approved site area. The applicant will in turn construct 17 replacement parking spaces on a parcel adjoining the park and ride lot. The Modification also includes a request to install Sonic brand canopies with menu order fixtures above all 26 on-site parking spaces. 2. Traffic Impact Standards The applicant is requesting an exception to the City of Vacaville s Traffic Impact Standards. Section 14.13.180.070.C. (Traffic Impact Standards) of the City s Land Use and Development Code states: The applicant for a project may request an exception to permit a project to cause or worsen a Level of Service of E or F for one or more intersections, interchanges, or road links. The City s Traffic Engineering Division prepared a Focused Traffic Analysis Report for the proposed Sonic Drive-in. This analysis is an attachment to the proposed Mitigated Negative Declaration which is attached as Exhibit D of this report. The traffic analysis states: Traffic analysis based on traffic volumes without and with Project found that the resulting area intersections and roadway segments are expected to operate at Level of Service (LOS) D, or better, in Year 2030 with and without the Project. In the short term the intersection of Davis/ Hume is expected to operate at LOS E without the Project and LOS F with the Project. Improvements to widen Davis Street in the vicinity of Hume Way to complete a four lane section (two lanes in each direction) from Bella Vista to Mason Street are currently in design and funding has been established for construction in Summer of 2010. With planned improvements to be completed next year Davis and Hume is expected to operate at LOS A in the short term and maintain LOS C through the twenty plus year projection, Year 2030. Therefore, in the interim timeframe prior to completion of the funded improvements, the proposed project would be expected to cause the intersection at Davis Street/Hume Way to operate at LOS F (V/C=1.01), which will worsen the existing LOS E (V/C=0.99) in the PM Peak hour 4:00-6:00 PM. For this reason the applicant is required to obtain an exception to the City s Traffic Impact Standards. The City of Vacaville Land Use and Development Code allows such exceptions as follows: The applicant for a project may request an exception to permit a project to cause or worsen a Level of Service of E or F for one or more intersections, interchanges, or road links. Such application shall be accompanied by a fee established by resolution of the City Council and shall be processed in accordance with the procedures in Chapter 14.09.082 of this Title. 1. The Planning Commission shall hold a public hearing to consider the requested exception and make a recommendation to the City Council related to the request; 2. The City Council shall hold a public hearing and consider the recommendation of the Planning Commission prior to the approval, approval with conditions, or denial of the request for an exception. An exception may be granted if the City Council makes one of the following alternative findings: a. Finding One: i. That the intersection(s), interchange(s), or road link(s) in question are within an infill area where existing development limits the acquisition of right-of-way for mitigation or isolated area where the subject facility serves a limited area as opposed to a large portion of the City; and 3

ii. iii. There is no practical and feasible way to mitigate the projected level of service; and The project resulting in the lower level of service is of clear, overall public benefit. b. Finding Two: i. That a capital improvement project is reasonably scheduled to be completed within three years of the completion of the subject project which will improve the projected level of service to LOS D or better, which is a volume/capacity ratio of.90 or less, and ii. That the interim impact of the projected traffic congestion is offset by the public benefits of the project. c. Finding Three i. The projected Level of Service of E or F is the result of project approvals within the Base Conditions that are not reasonably expected to be implemented within the next ten years due to changed circumstances. Staff believes Finding 2 can be supported and made by the City Council to grant an exception to the Traffic Impact Standards: b. Finding Two: i. That a capital improvement project is reasonably scheduled to be completed within three years of the completion of the subject project which will improve the projected level of service to LOS D or better, which is a volume/capacity ratio of.90 or less. A Capital Improvement Project (CIP) to widen Davis Street is funded and is now in design stage. The City s Public Works Department is anticipating the start of construction to occur in the Summer of 2010 and completion of the project in the Fall of 2010. Once the project is complete the LOS at the intersection of Davis Street and Hume Way will be improved to a Level of Service C or better. ii. That the interim impact of the projected traffic congestion is offset by the public benefits of the project. The applicant has agreed that as a condition of approval the City will require the applicant to share in the funding of improvements needed for a driveway into the Park-and-Ride Lot from the Davis Street/Hume Way intersection. The City had otherwise not identified a funding source for this driveway. The installation of this driveway will make it easier and safer for both Sonic and Park-and-Ride Lot users to turn left onto Davis Street towards the downtown area or westbound Interstate 80. Without this driveway, users would need to drive across three lanes on Davis Street to make a u-turn and head to the downtown area. The City believes this driveway will improve the Park-and-Ride Lot access and area circulation therefore providing a public benefit that would not occur in the near term without the particpation of the Sonic project. 3. Parking Section 14.09.128.080.B.40 requires: one space for each three seats but in no case less than one space per 100 square feet of gross floor area. The gross floor area of the building Sonic is proposing to occupy is 2,604 sq. ft., which would require 26 onsite parking spaces including accessible spaces. 4

The project site currently includes 14 spaces. Therefore, the property owner has agreed to enter into an agreement with the City of Vacaville Public Works Department to add 17 spaces currently in the adjoining Park and Ride lot to the proposed Sonic parcel. The Public Works Department and the property owner will request approval of a Lot Line Adjustment to add these 17 spaces to the Sonic site. In return the property owner will construct 17 replacement spaces and associated improvements in a parcel on Davis Street which adjoins the Park and Ride lot and is owned by the City. This layout of the proposed replacement spaces is attached Exhibit E. 4. Exterior Modifications The only changes to the exterior of the existing building are the installation of building signs. The applicant is, however, proposing to install Sonic carports with menu boards. These carports are metal structures that will cover 15 on-site parking spaces. The design of the carports is compatible with the colors of the Sonic brand and the existing building. 5. Landscaping To accommodate the construction of the carports the applicant is proposing to remove some parking lot trees. Condition No. 3 requires that any trees planned for removal be replanted elsewhere on the Sonic Drive-in project site. As part of the project proposal the applicant is also requesting to reduce the landscape setback adjoining the Park-and-Ride Lot to 0 feet. Please note that the landscaping is already in place. The completion of the Lot Line Adjustment will result in the landscape reduction for Sonic, however landscaping that was put in place with the construction of the Park-and-Ride Lot will remain. 6. Signage Section 14.09.132.070 (Signs) of the City of Vacaville Land Use & Development states: Maximum sign area shall not exceed one square foot for each lineal foot of building frontage on a public street. The existing building is a corner lot building which provides three potential areas for building signs. Overall the applicant is proposing 18 signs on the building or around the site. Staff is recommending that miscellaneous signage such as Fresh Every Time!, Breakfast and graphics depicting Sonic foods and taglines Signage not be allowed. Condition No. 6 recommends signage be approved in compliance with the City s Sign Ordinance, and limits the types of signage to building signs, drive-through, directional signs and a monument sign. The condition also requires an individual letter design for the proposed signage meaning flat surface cabinet signs will not be permitted. LAND USE COMPATIBILITY 1. Adjoining Land Uses The project site is located within a developed area of the City, which includes Service Commercial and residential uses. This project site adjoins a City park & ride lot and will have minimal potential for effects on adjacent sites. The project is able to make use of existing driveways onto Davis Street and the freeway on-ramp. In addition, the project site was previously approved by the Planning Commission for two small food uses which would require 14 parking spaces. The current proposal is similar in nature to the uses anticipated by the Planning Commission. 5

ENVIRONMENTAL REVIEW 1. Mitigated Negative Declaration A draft Mitigated Negative Declaration (MND) was prepared and circulated for public review and comment and sent for review to the State Clearinghouse including Caltrans on August 17, 2009. The public review period ends on September 15, 2009. This document is attached as Exhibit D. In addition a Notice of Availability for the MND was sent to adjoining property owners on August 19, 2009. As of September 9, staff has not received any comments to the mitigated negative declaration. Because the building and the project site have already been developed, the focus of the environmental document was to provide an analysis of the potential traffic impacts of the project. As previously mentioned, a traffic analysis was provided for the project because the Davis Street/Hume Way intersection would operate at LOS E as a result of the Sonic project. However, the Davis Street widening CIP project is expected to be completed within one year and will improve the LOS at that intersection to A in the short term and maintain LOS C through 2030. The MND includes traffic analysis which addresses the short term circulation conditions at the Davis Street and Hume Way intersection. As an added precaution staff prepared a mitigation measure to address on-site circulation concerns that are typically present during grand opening periods of new restaurants. Typically during these periods there is a higher level of patronage. To address this added level of circulation staff included the following mitigation measure in the MND: A minimum thirty (30) days prior to opening the applicant shall develop an on-site traffic control plan for review and approval by the City of Vacaville Traffic Engineering Division. This plan shall be implemented at the time of opening and continue for a period of time determined by the City to minimize delay and back-up of vehicles onto the public roadways. Staff believes this measure will alleviate any potential circulation concerns associated with higher traffic levels during the opening period of the restaurant. Therefore, staff is recommending adoption of this Mitigated Negative Declaration. CONCLUSION The applicant is proposing to occupy an approved existing building in a developed area of the City. Staff believes this use would provide certain benefits to the City, including: (1) construction of the driveway into the Park-and-Ride Lot which will provide a safer exiting alternative and which would not occur in the near future without the participation of Sonic; (2) operation of a currently vacant building; and (3) added tax revenue generated by sales at Sonic. The proposed project is a drive-through use which the Planning Commission had anticipated when the project was approved in 2007. Staff is supportive of the proposed project. Because approval of the project includes an exception to the Traffic Impact Standards the Code requires that the City Council hold a hearing and consider the project for approval or denial. RECOMMENDATION By simple motion, that the Planning Commission recommend that the City Council adopt the Mitigated Negative Declaration and approve the Sonic Drive-in Modification including the Traffic Impact Standards exception, subject to the conditions of approval attached as Exhibit A. ATTACHMENTS: Exhibit A - Conditions of Approval Exhibit B - Location Map Exhibit C - Site Plan, Floor Plan and Elevations Exhibit D - Mitigated Negative Declaration Exhibit E - Replacement Parking Layout 6

EXHIBIT A CONDITIONS OF APPROVAL SONIC DRIVE-IN 151 Bella Vista Road File No. 09-086 I. Standard Conditions of Approval: The applicant shall comply with the applicable Standard Conditions of Approval. In the event of a conflict between the Standard Conditions of Approval and these Conditions, these conditions shall prevail. II. Project-Specific Conditions: The applicant shall comply with the following Project-Specific Conditions: PLANNING 1. Plans submitted for Building Permits shall be in substantial compliance with plans approved by the City Council and dated September 15, 2009, except as modified by these conditions of approval. 2. This action approves a Modification to the previous Conditional Use Permit (White Oleanders File No. 07-115) for the establishment of a Sonic Drive-in use at 151 Bella Vista Road. 3. This action also approves an exception to the City s Traffic Impact Standards to allow a temporary Level of Service of F for the Davis Street and Hume Way intersection. 4. This action approves the construction of 17 replacement parking spaces and associated site improvements as identified on Exhibit E. Any other modification shall be subject to review and approval by the Community Development Director. 5. Plans submitted for Building Permits shall include a landscape plan which identifies the number, size and type of trees which are planned for removal, if any, to accommodate the new Sonic canopies. These trees shall be replanted or replaced elsewhere on the Sonic drive-in site, subject to review and approval by the City Planner. In addition, the landscape plan shall include landscaping associated with the new replacement parking spaces. 6. All signage shall require a separate Sign Permit from the Building Division. Signage area shall be permitted in accordance with Land Use and Development Code Section 14.09.132 (Signs). The signs shall not be a cabinet sign design. All signage shall be an individual letter design such as: internally illuminated letters, push-thru, routed-out or halo-lit letters. Specifically, the following signage shall be permitted in accordance with the Code: a. Three (3) building signs - maximum 30 sq. ft. each. b. One (1) monument sign - maximum 25 ft. in height and 90 sq. ft. in sign area. c. Two (2) Drive Thru Open building signs on the southeast and northwest elevations - maximum 6.5 sq. ft. d. One (1) Enter and one (1) Exit directional signs - maximum 5 sq. ft. each. 7. A minimum 26 on-site parking spaces including one accessible space shall be provided. The design of the parking lot including parking space and vehicle back-out dimensions shall be in compliance with the Land Use and Development Code Section 14.09.128 (Off-street Parking and Loading). 7

8. Prior to issuance of Building Permits the applicant shall ensure that all transactions (i.e. Lot Line Adjustment and Property Purchase Agreement) related to the use of the 17 parking spaces and the 17 replacement spaces and associated improvements, are completed to the satisfaction of the Directors of Community Development and Public Works. 9. A minimum thirty (30) days prior to opening the applicant shall develop an on-site traffic control plan for review and approval by the City of Vacaville Traffic Engineering Division. This plan shall be implemented at the time of opening and continue for a period of time determined by the City to minimize delay and back-up of vehicles onto the public roadways. 10. Prior to obtaining building permits, the applicant shall submit a photometric plan. This plan shall comply with the Performance Standards of the Land Use and Development Code. 11. Roof-mounted equipment shall not exceed the height of any parapet or equipment well. Plans submitted for building permits shall include: (1) building cross-sections; (2) max. height of units; (3) max. height of equipment pads/curbs; (4) low and high parapet heights; and (5) a statement confirming that no roof units will exceed the height of the lowest parapet. 12. The Applicant (Sonic Drive-in) and development shall comply with these conditions of approval and all applicable provisions of the Vacaville Municipal Code (Zoning, Subdivision, Building Codes, etc.), the Vacaville General Plan and any applicable policy plan or specific plan, as such provisions may be amended from time to time including, but not limited to, Vacaville Municipal Code Section 14.09.072.190, which requires, except as otherwise provided by law (e.g. Government Code 664.74.9) that the Applicant shall defend, indemnify, and hold harmless the City and its officials and employees in any action, claim or proceeding brought by any person or entity to overturn, set aside, or void any permit, entitlement, or approval issued or granted by the City. The City shall promptly notify the Applicant of any such action, claim or proceeding and the City shall cooperate with Applicant in the defense thereof without contributing to the cost of such defense. 13. The Applicant (Sonic Drive-in) shall indemnify, defend and hold the City of Vacaville and its officers and employees harmless against all claims, suits or actions made against them arising out of or in connection with the ownership, occupancy, use or development of the project site, or any portion thereof, including the installation or construction of improvements thereon; however, this duty to indemnify and defend shall not extend to any claim, suit or action arising solely from the City or its officers or employees' negligence or misconduct. In addition, the Applicant shall comply with the requirements of Vacaville Municipal Code Section 14.09.072.190. DEVELOPMENT ENGINEERING 14. Notice of Intent. Prior to construction, the developer may be required to file a Notice of Intent to obtain a General Construction Stormwater Permit (GCSP) with the Regional Water Quality Control Board. 15. Property Purchase Agreement. The Applicant shall enter into a property purchase agreement with the City of Vacaville for the purchase of approximately 8,350 square feet of parking space at the Bella Vista Park and Ride lot (see Exhibit E). The property purchase agreement shall be executed and escrow on the property closed prior to issuance of an encroachment permit. The Applicant shall pay applicable Development Impact Fees for the new parking area, including the Fire, Drainage Detention (Zone 2), and Drainage Conveyance Impact Fees. As part of the purchase agreement, the Applicant shall replace the 18 standard parking spaces and 8 accessible parking spaces with an equal amount on City property adjacent the Bella Vista Park and Ride (Replacement Parking). 8

16. Replacement Parking. The Applicant shall apply for a City of Vacaville encroachment permit to design and construct Replacement Parking (see Exhibit E) to offset the parking purchased under the Property Purchase Agreement. Existing accessible parking spaces shall not be demolished or converted for use by Sonic until new replacement accessible parking spaces are constructed. The Replacement Parking shall include access to the new parking spaces and shall meet City Standards for a parking lot. The Replacement Parking shall include, but is not limited to, all necessary demolition, grading, base, asphalt concrete, concrete curb, concrete sidewalk, signing, striping, storm drain facilities, electrical facilities and parking lot lighting. The demolition shall include removal and off haul of aggregate base, asphalt concrete, and Portland cement concrete located within the Replacement Parking and future landscape areas. All bare ground shall be hydroseeded to prevent erosion. The Applicant shall post bonds and pay for all encroachment permit fees to construct the replacement parking. 17. Lot Line Adjustment. The Applicant shall apply and complete a Parcel Map Waiver (Lot Line Adjustment) with the City of Vacaville prior to execution of the Property Purchase Agreement. The Applicant shall provide a copy of current title report and copies of all recorded deeds of all parties having any recorded title interest in the property. The Applicant shall prepare the necessary documents to record the Parcel Map Waiver. Additionally, the Applicant shall pay all applicable fees to apply for and record the Parcel Map Waiver. 18. Existing Irrigation and Irrigation Control. The Applicant shall relocate all City irrigation and irrigation control (including the irrigation controller) affected by Parcel Map Waiver or the construction of the Replacement Parking (see Exhibit E). 19. Utility Relocation. The Applicant shall relocate all utilities including, but not limited to, the City backflow device, water meter, and parking lot lighting that will be in conflict with the new Replacement Parking. The backflow device, water meter, and parking lot lighting shall be relocated outside the paved surface (see Exhibit E). 20. Payment for Future Park and Ride Access. The Hume Way / Davis Street intersection is currently at a Level of Service (LOS) E. In accordance with Section 14.13.180.17, Traffic Impact Standards of the Land Use and Development Code, the City Council may grant an exception to allow a project that will worsen an existing intersection at a LOS E or F if the Council finds that; a. there is a Capital Improvement Project scheduled to be completed within three years that will improve the LOS to a D or better; and b. the project will provide a public benefit that offsets the projected traffic congestion. c. The Davis Street Improvement Project is scheduled to be completed in the Winter of 2010/2011. To provide the public benefit the Applicant shall pay for $75,000 for the future Park and Ride Access opposite Hume Way at Davis Street prior to issuance of the Encroachment Permit. 21. Storm Drain Facilities. The Applicant shall install and/or relocate storm drain facilities as necessary for the installation of the new Replacement Parking. Additionally, installation of storm drain facilities in the existing park and ride by the Applicant may be required to capture runoff now blocked by the Replacement Parking. 22. Overflow Parking. Project plans identify seating for 38 inside and 20 on outside patio. Project provides no parking stalls without order boards for this seating. If overflow parking from Sonic Drive-in is determined by City to significantly impact adjacent Park & Ride parking lot, signs approved by City shall be provided by applicant, limiting parking in Park & Ride Lot to commuters. 9

23. Future U-Turns at Davis / I80 Ramp / Bella Vista Road Intersection. The Applicant shall be aware that Project access will change with proposed Davis Street Improvements, particularly for traffic on eastbound I-80 off-ramp. Project access is currently, and will remain, limited to right in, right out for both driveways - one on Davis Street and one off the access to EB I-80 Ramp connection. Currently U-turns are allowed and signed for the inside of two left turn pockets on I-80 EB Off Ramp at Davis Street. Current plans for Davis Street improvements eliminate this U-Turn on eastbound I-80 off ramp at Davis Street to provide a third left turn, and also widen Davis Street at Hume Way. These improvements will eliminate U-Turn access from eastbound I-80 off ramp, but will allow traffic exiting I-80 eastbound to make left to Davis Street and a left turn into the park and ride lot at Hume to access Project. Emergency Vehicle Access FIRE 24. Every building shall be accessible to Fire Department apparatus by way of all-weather access roadways during the time of construction. These roads shall have a minimum unobstructed width of 20 and shall remain clear at all times. Fire Lanes shall not be used for parking or deliveries at any time. Fire Protection and Detection 25. Fire systems shall comply with the applicable and most current codes and standards currently adopted and published by the National Fire Protection Association (NFPA) and Vacaville Fire Department (VFD) policies. 26. An automatic fire alarm system, including a fire alarm control panel and all other associated equipment and devices according to the applicable standards published by N.F.P.A. shall be installed (if required) to the satisfaction of the Fire Marshal. Plans and specifications shall be submitted to the Fire Department for review and approval prior to installation. 27. An approved U.L. 300 automatic fire extinguishing system shall be provided over all cooking appliances and within the associated exhaust hood plenum and duct piping. Plans and specifications shall be submitted to the Fire Department for review and approval prior to the issuance of any building permits. 28. The Fire Marshal shall approve the location, number, and sizes of all portable fire extinguishers prior to the issuance of any building permits. 29. All fire protection systems including, but not necessarily limited to, fire sprinkler systems, fire alarm systems, and fixed fire extinguishing systems must comply with the most recent adopted standards published by the National Fire Protection Association, (NFPA), except where specifically amended modified by Fire Department policy or ordinance. Permits and Inspections 30. All buildings must have Fire Department approval before any tenants, employees, vendors, or patrons can be allowed in the building or before any stocking can be done. 31. Additional annual operational permits may be required prior to occupancy. Premise Identification 32. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said 10

numbers shall contrast with their background. Unless specifically exempted by the Fire Marshal, address numbers are also required on rear doors. 33. The minimum size dimension of street numbers shall be as specified in Table 1. Numbers shall be in contrasting colors to their backgrounds. Where a building is set back from the street or road fronting the property, and where addresses may not be clearly legible due to distance from the street or roadway, landscaping and architectural features or other obstructions, address posting shall be required both at the street driveway serving such building and on the building. TABLE 1 Distance to Building Measured from Center Number Height Size of Letter of Roadway Inches Inches 20 feet 4 3/4 21-35 6 1 36-50 9 1 1/4 Over 50 12 1 1/2 Please note: Additional conditions may become necessary as the project develops or changes are made. POLICE 34. The proposed project shall comply with the City Building Security Ordinance (Chapter 15.28). 11