CITY OF VACAVILLE PLANNING COMMISSION Agenda Item No. G.1 STAFF REPORT October 21, Staff Contact: Peyman Behvand (707)

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1 CITY OF VACAVILLE PLANNING COMMISSION Agenda Item No. G.1 STAFF REPORT October 21, 2008 Staff Contact: Peyman Behvand (707) TITLE: REQUEST: RECOMMENDED ACTION: EL POLLO LOCO COMPLEX PLANNED DEVELOPMENT AND CONDITIONAL USE PERMIT REQUESTS TO CONSTRUCT ONE 2,500 SQ. FT. EL POLLO LOCO DRIVE-THROUGH RESTAURANT AND ONE 2,000 SQ. FT. DRIVE- THROUGH RESTAURANT FOR A FUTURE TENANT ON THE DENNY S SITE AT 1450 EAST MONTE VISTA AVENUE. APPROVE THE PROPOSED PLANNED DEVELOPMENT AND CONDITIONAL USE PERMIT REQUESTS, SUBJECT TO THE CONDITIONS OF APPROVAL. APPLICATION INFORMATION APPLICATIONS: Planned Development and Conditional Use Permit FILE NO: File No APPLICANT: Dave Vorpahl PROPERTY OWNER: Bryant Enterprises PROPERTY INFORMATION LOCATION: SITE AREA: ZONE: GENERAL PLAN DESIGNATION: CURRENT LAND USE: ADJACENT ZONING & USE: 1450 East Monte Vista Plaza (existing Denny s) 1.1 acres CG General Commercial General Commercial CG Denny s Restaurant and Bar North: CG Browns Valley Marketplace South: Interstate 80 East: Interstate 80 on-ramp West: CG Best Western Heritage Inn Motel PROJECT SUMMARY: SITE AREA: 1.1 acres BUILDING FLOOR AREA: El Pollo Loco - 2,500 sq. ft. Future Tenant - 2,000 sq. ft. FLOOR AREA RATIO (FAR):.11 NUMBER OF BUILDINGS: Two BUILDING HEIGHT: El Pollo Loco - 27 feet Future Tenant - 25 feet PARKING: Required: 45, including 3 accessible stalls Provided: 50, including 3 accessible stalls ACCESS: Via two driveways on East Monte Vista Avenue UTILITIES: Existing City utilities serve the site

2 PROJECT DESCRIPTION The project proposal is to construct two drive-through restaurant buildings on the 1.1 acre Denny s restaurant site at 1450 East Monte Vista Avenue. If the project is approved the Denny s building and freestanding signs would be demolished and the proposed project would be constructed in its place. One of the proposed buildings will be a 2,500 sq. ft. El Pollo Loco restaurant and the other will be a 2,000 sq. ft. speculative future restaurant tenant building. The site plan provides 50 on-site parking spaces and two driveways on East Monte Vista Avenue. The project would retain the existing two driveways onto East Monte Vista Avenue in their existing locations. The project would also retain an existing driveway connection to the motel use located to the west of the site. The site design places each drive through lane primarily around the back of the two buildings, generally adjacent to the freeway right-of-way. A four (4) feet. high decorative masonry wall is proposed along the I-80 property line in order to partially screen the drive through lanes along this property line. Cross-sections of the site adjoining the I-80 on-ramp show a relatively flat surface with little to no grade changes. The wall would extend around the narrow east end of the project site to the intersection at Browns Valley Parkway. The applicant is also requesting setback exceptions related to required building and landscape setbacks along East Monte Vista Road and Interstate 80. The proposed building materials consist of stucco, stone veneer and tile, with foam pop-out trim and trellis features. PREVIOUS ACTIONS 1964 Ken s House of Pancakes established at 1450 East Monte Vista Avenue A cocktail lounge was added to Ken s House of Pancakes The Planning Division approved a remodel for Hamm s Country Kitchen (previously known as Ken s House of Pancakes) The Planning Division approved a remodel in addition to site improvements for Denny s (previously known as Hamm s Country Kitchen) Various miscellaneous permits were issued by the Building Division for the structure and on-site improvements of Denny s. PROJECT ANALYSIS COMPLIANCE WITH CITY ORDINANCES AND ISSUES 1. Conditional Use Permit The City of Vacaville Land Use and Development Code identifies drive-in businesses as conditionally allowed uses in the General Commercial (CG) zoning district. A conditional use is a type of use that has the potential to generate certain types of impacts, depending on the location, design, and operation of the use. For these reasons, these uses require a higher level of review than permitted uses to ensure that they will be compatible with surrounding land uses. In this case the applicant is proposing to construct two drive-through/drive-in restaurant buildings, 2

3 therefore a Conditional Use Permit is required. In this report, specific aspects of the use and compatibility with adjacent land uses are discussed in the following sections. 2. Planned Development Section (Planned Development, Variations in Standards) of the City of Vacaville Land Use and Development Code states: Alternate standards may be approved if such standards are offset by the application of other improvements or increased standards elsewhere in the project which results in an overall benefit to the project. Standards which may be modified include, but are not limited to, site area and minimum lot dimensions, site coverage, yard area and setbacks, heights of structures, distances between structures, off-street parking, off-street loading facilities, and landscaping. A Planned Development permit is applicable for this project to address the requested building and landscape setback exceptions, as described below: A. Building Setback East Monte Vista Avenue Request - The applicant is requesting to reduce the minimum required building setback along E. Monte Vista Avenue from 20 feet to feet. This request applies to the El Pollo Loco building which is located feet from the property line. Recommendation - Staff recommends that the exception be granted because: (1) the site has certain constraints because it is a unique-shaped parcel, meaning: (a) it is not a standard rectangular-shaped parcel which would easily allow flexibility with building locations and with driveway locations and (b) the parcel includes a 20 feet wide drainage easement in the lower half of the parcel which also limits flexibility with site planning; (2) Even though the setback from the property line does not meet the Code, once the project is completed and all off-site improvements are made (in accordance with the conditions of approval), the overall setback from the curb on E. Monte Vista Avenue to the El Pollo Loco building will be approximately 30 feet which will appear similar to the typical setback of a building from the curb within commercial districts (i.e. typically on a commercial arterial street there would be a 20 foot building setback on-site and a 10 foot area of public right-of-way behind the curb for a total of 30 feet); (3) if the project is approved it will enhance the appearance of a visible commercial location; and (4) the El Pollo Loco building exceeds the required setback from Interstate 80 (20 ft. required, 25 ft. provided) providing compensating setback area. B. Landscape Setbacks East Monte Vista Avenue Request - The applicant requests to reduce the minimum required on-site landscape setback along E. Monte Vista Avenue from 10 feet to 0-6 feet. The El Pollo Loco building would include 0 feet of landscape on-site along the building area and 2-6 feet of landscape along the remainder of the site on E. Monte Vista Avenue. Recommendation - Staff is recommending that the exception be granted because as noted above: (1) the site has certain constraints because it is a unique-shaped parcel, meaning: (a) it is not a standard rectangular-shaped parcel which would easily allow flexibility with building locations and with driveway locations and (b) the parcel includes a 20 feet wide drainage easement in the lower half of the parcel which also limits flexibility with site planning; (2) Even though the setback from the property line does not meet the Code, once the project is completed and all off-site improvements are made (in accordance with the conditions of approval), the overall landscape setback between E. Monte Vista Avenue and the El Pollo Loco building will be approximately feet which exceeds the Code requirement and 3

4 provides compensating setback area; (3) a decorative tubular steel fence 4 feet in height with evergreen vines will be installed along the property line on East Monte Vista Avenue for additional screening and aesthetics; (4) if the project is approved it will enhance the appearance of a visible commercial location; and (5) the applicant is proposing to include an approximately 1,600 sq. feet bermed landscape feature at the easterly corner of the site adjoining the Interstate 80 on-ramp. This is an approximately 30 feet x 40 feet area which has been designed with a berm and 7 Almond trees to create a focal point feature for the site which is a benefit for the site and the City because of its proximity to the freeway. Staff worked with the applicant to create a landscape design which placed more emphasis (i.e. additional trees, shrubs, evergreen vines and decorative masonry wall) on landscaping along the freeway property line than the East Monte Vista Avenue property line. The City s Public Works Department has verified that the existing rock rip-rap adjoining the project site can be removed and replaced with a pipe and landscaping. This effort in addition to the location of the City right-of-way line on E. Monte Vista Avenue will result in feet of landscaping between the curb and the parking area which exceeds the Code. Interstate 80 Request - The applicant is requesting to reduce the minimum required landscape setback along Interstate 80 from 12 feet to 4-8 feet. Recommendation - Staff recommends that the exception be granted because: (1) the site has certain constraints because it is a unique-shaped parcel; and (2) the site plan has varied widths of landscaping along I-80 and includes wider (more than 12 ft.) landscape areas along I-80 which will result in an average landscape setback of approximately 12 feet which meets the Code; (3) if the project is approved it will enhance the appearance of a visible commercial location; and (4) the applicant is proposing to include an approximately 1,600 sq. feet bermed landscape feature at the corner of the site adjoining the Interstate 80 on-ramp. This is an approximately 30 feet x 40 feet area which has been designed with a berm and 7 almond trees to create a focal point feature for the site which exceeds the Code minimum and is a benefit for the site and the City because of its proximity to the freeway. Condition No. 8 requires that additional seasonal flowers and evergreen shrubs be added to this landscape feature to enhance the area as a focal point. As a result of the reduced on-site landscape design on East Monte Vista Avenue, the applicant was able to focus on creating a more desirable landscape design along the freeway property line, which as designed and conditioned will include more trees, shrubs, evergreen vines and a decorative low wall design. Southern Property Line Request - Staff is requesting that the landscape planter adjoining the Best Western motel along the southern portion of the site be reduced from 5 feet to 2 feet The additional 2 feet would enhance the landscape planter between the future tenant building & parking and the drive-through allowing 5 feet of landscape exclusive of vehicle overhang. Recommendation - Section a.iii. requires landscaping within parking lots as follows: A minimum width of five feet of landscaping area when adjoining a non-residential district, except that the decision-maker may approve a reduction in the perimeter landscaping, when not adjoining a street, when compensating landscaping is provided elsewhere on the site. Staff is recommending the reduction be granted to enhance the more visible parking area landscaping. Also, the site as previously discussed includes compensating landscape area elsewhere on the site and in the area adjoining the motel as well. 4

5 3. Building Design El Pollo Loco 4. Traffic The applicant is proposing a 2,500 sq. ft. building consisting of stucco with stone veneer, tile, a metal trellis and a vertical foam pop-out features. The proposed design provides a good variation in the roofline, which will deter from a standard box appearance. Staff is generally supportive of the design with minor recommendations for additional exterior materials. Condition No. 5 recommends among other items that the vertical elements except for the foam pop-out feature be entirely stone veneer to break up the stucco massing of the building. The installation of two (2) trellis structures with stone posts over the drive -through lanes for both buildings are also required with Condition No. 5. Future Tenant Building The design for this building utilizes the same building materials as El Pollo Loco. The final design of the building may change when a specific tenant has been identified. In the meantime, Staff is recommending additional building materials similar to the El Pollo Loco building to enhance the appearance of the project. During the review process for the project, Staff requested that a Technical Traffic Memo be prepared to analyze whether two drive-through restaurants on a 1.1 acre site would create on or off-site circulation or traffic congestion issues. The applicant prepared the technical study which is included in this staff report packet as Attachment 5. The memo has been reviewed and accepted by the City s Traffic Engineering Division. The analysis concludes that the project will not cause significant traffic impacts. Technical Traffic Memo The purpose of the technical memo was to: address the changes in traffic volume and impact that are expected to take place with the installation of two fast food restaurants along East Monte Vista Avenue between Allison Drive and Browns Valley Parkway. The summary of the memo states: the project site as currently configured requires no mitigation, as right-turn only outbound striping is already shown on the plans. The worst level of service for the project driveways is LOS (Level of Service) C for the outbound movement, and LOS A/B for all inbound movements. Condition No. 18 requires the installation of a raised concrete median in E. Monte Vista Avenue to ensure no left-turns out of the site in order to maintain the desired LOS. The median will prohibit any left turns from property on either side of E. Monte Vista Ave including left turns form the Browns Valley Marketplace shopping center. An was sent to the center s property owner representative making them aware of the deletion of left turns out of the site onto East Monte Vista Avenue. Staff and the representative have not been able to speak on the issue however a copy of this staff report will be sent to the property owner should they choose to speak on this matter at the Planning Commission meeting. At the applicant s request the City s Public Works Director requested in writing that Caltrans remove the no u-turn sign from the Allison Drive/Browns Valley Parkway intersection to compensate for the no left-turn requirement on the project site. Caltrans agreed to the City s request to remove the no u-turn sign and the City has removed this sign from the Browns Valley Parkway/East Monte Vista Avenue intersection. This will allow east-bound travelers on East Monte Vista Avenue to make a u-turn at the intersection and continue traveling west-bound. 5

6 Parking 4. Signs Section of the City s Land Use and Development Code requires on-site parking as follows: Restaurants and Eating Establishments - One space for each three seats, but in no case less than one space per 100 square feet of gross floor area. El Pollo Loco (2,500 sq. ft. gross floor area) - In accordance with the Code a minimum 25 on-site parking spaces are required (2,500 sq. ft./100 sq. ft. = 25). The per seat calculation (67 seats/3 seats) would result in 22 parking spaces, therefore the gross floor area calculation is used in determining minimum on-site parking spaces. Future Tenant Building (2,000 sq. ft. gross floor area) - In accordance with the Code a minimum 20 on-site parking spaces are required (2,000 sq. ft./100 sq. ft. = 20). Because the proposed tenant has not been identified for this building, Condition No. 2 recommends that the future tenant be limited to 60 seats or 2,000 sq. ft. of floor area. The total number of minimum required on-site parking spaces is 45, the site plan includes 50 spaces which exceeds the Code requirement. Condition No. 2 also recommends that any outdoor dining area be in included in the on-site parking calculations and be limited to 15 seats/chairs for the entire site. Section (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. If a building has frontage on more than one public street, the sign area for the lesser length frontage shall be one half square foot of sign area per lineal foot of frontage. Building Signs In accordance with the Code, El Pollo Loco would be permitted two (2) building signs. One sign approximately 77 sq. ft. of signage facing E. Monte Vista Avenue and one sign approximately 38.5 sq. ft. of signage facing I-80. The Future Tenant building would also be allowed two (2) building signs, one approximately 42 sq. ft. facing E. Monte Vista Avenue and another approximately 25 sq. ft. of building signage. The applicant is proposing to install six (6) building signs and one logo on the El Pollo Loco building and four (4) signs on the Future Tenant building. The Code allows the decision-maker to allow additional building signs, which in this case is the Planning Commission. Per Condition No. 4 Staff is recommending that the number of and size of the building signs comply with the Code. Staff believes additional building signs other than those permitted by the Code would not be justified because both buildings are highly visible from both E. Monte Vista Avenue and I-80. In addition, multiple building signs on the same elevations will detract from the quality of the building design the applicant has proposed. Freestanding Sign The site plan does not include the locations of freestanding signs. The Code allows a freestanding sign maximum 25 feet in height and 90 sq. ft. in area facing East Monte Vista Avenue for the project site. A second freestanding sign maximum 10 feet in height and 25 sq. ft. in area may also be permitted in accordance with Section C., because the site has includes more than 300 feet (420 ft.) of frontage on a public street. 6

7 Freeway Sign The applicant has identified the location for a freeway sign in the corner of the parcel adjoining the I-80 on-ramp. However, the project site does not meet the minimum 5-acre requirement to qualify for a freeway sign. The existing signs on the property do not meet the current Code standards for freeway signs or freestanding signs. Condition No. 4 requires that these signs be removed from the site prior to obtaining building permits for the project. Staff would be willing to consider recommending a freeway on the project site which included the Browns Valley Marketplace tenants currently identified on their freeway sign, and in return the existing Browns Valley Marketplace freeway sign would be removed. This concept has been discussed on a preliminary basis between the two property owners. A specific freeway sign proposal would be subject to a Planning Commission Design Review or Planned Sign Program. CONCLUSION The applicant is proposing to replace and improve an existing aging structure and site. As part of this proposal the applicant is requesting exceptions to building and landscape setbacks. As a stand alone vacant site development the requested exceptions would most likely not be supported. However, in light of the location and condition of the existing site staff believes it is in the City s best interest to approve the project including the requested setback exceptions subject to the conditions of approval identified in Attachment 1. Staff is supportive of the applicant s Conditional Use Permit request for two drive-through uses and a Planned Development request for setback exceptions because: (1) Staff believes that specific conditions regarding landscaping and building design will enhance the project and make it a more positive addition to the City s inventory of commercial uses; (2) the site is not a standard rectangular-shaped parcel which would easily allow flexibility with building locations and with driveway locations; (3) the parcel includes a 20 feet wide drainage easement in the lower half of the parcel which also limits flexibility with site planning; and (4) the site plan includes compensating yard and landscape area as required by the Code have been provided elsewhere on the project site. LAND USE COMPATIBILITY 1. Adjoining Land Uses The project is zoned General Commercial (CG), and the proposed project uses are conditionally permitted in accordance with the Land Use and Development Code. The uses in the near vicinity of the project consist of general commercial uses such as retail (Bed Bath & Beyond), restaurant (Taco Bell, Nations Giant Burger), Wells Fargo Bank, Best Western motel, service stations and other miscellaneous retail and restaurant uses. The applicant is proposing to replace an existing restaurant and bar with two drivethrough restaurants. As designed and conditioned Staff believes the proposed project will be compatible with the adjoining uses. ENVIRONMENTAL REVIEW: 1. Categorical Exemption Pursuant to Section 15332, Class 32 (In-fill Development) of the California Environmental Quality Act (CEQA), the project is Categorically Exempt form the requirements of CEQA, based on the following: (a) The proposed project is consistent with the General Plan and Zoning; (b) The proposed project will occur within City limits on a parcel no more than 5 acres; (c) The proposed project site has no value, as habitat for endangered, rare or threatened species; (d) Approval of the project will not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) The proposed project site can be adequately served by all required utilities and 7

8 public services. No additional environmental analysis is required and the project is exempt from the provisions of CEQA. RECOMMENDATION That the Planning Commission adopt Resolution No , approving the El Pollo Loco Complex Planned Development and Conditional Use Permit, subject to the conditions of approval (Attachment 1). ATTACHMENTS: Exhibit A - Conditions of Approval Exhibit B - Location and Zoning Map Exhibit C - Site Plan, Floor Plan, Landscape Plan and Elevations Exhibit D - Setback Standards Analysis by Phillippi Engineering, Inc. Exhibit E - Technical Memo prepared by Prism Engineering 8

9 RESOLUTION NO RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VACAVILLE APPROVING THE EL POLLO LOCO COMPLEX PLANNED DEVELOPMENT AND CONDITIONAL USE PERMIT WHEREAS, the Planning Commission of the City of Vacaville conducted a hearing on October 21, 2008, to consider a request for the El Pollo Loco Complex Planned Development and Conditional Use Permit to construct two (2) drive-through restaurant buildings, relating to the following described property: 1450 East Monte Vista Avenue APNs and 100 WHEREAS, the public hearing before the Planning Commission was duly noticed in accordance with applicable state law and the Vacaville Development Code requirements; and WHEREAS, the Planning Commission received testimony from City staff, the applicant, and all interested persons regarding the proposed project; and WHEREAS, the Planning Commission has determined that the project is categorically exempt under Section 15332, Class 32, (In-fill Development Projects) of the California Environmental Quality Act (CEQA) Guidelines which exempts In-fill development; and finds: 1. The proposed project is consistent with the General Plan and Zoning; 2. The proposed project will occur within City limits on a parcel no more than 5 acres; 3. The proposed project site has no value, as habitat for endangered, rare or threatened species; 4. Approval of the project will not result in any significant effects relating to traffic, noise, air quality, or water quality; and 5. The proposed project site can be adequately served by all required utilities and public services. WHEREAS, The Planning Commission has reviewed the request for the El Pollo Loco Complex Planned Development Permit and finds: 1. That the proposed location of the planned development is in accordance with the goals, objectives, and policies of the General Plan, the Zoning Ordinance, and the Development Code; The project site is zoned General Commercial which allows drive-through restaurants as Conditional uses. The applicant has requested a Conditional Use Permit for the drivethrough uses and a Planned Development Permit for the proposed reduction in setbacks. Staff is recommending approval of the requested permits because the uses as proposed and conditioned will meet the goals, objectives, and policies of the General Plan and of the Development Code. 2. That the proposed location of the planned development and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare; 9

10 The requested exceptions are related to building and landscape setbacks which are generally provided to enhance the aesthetics of a project. As designed and conditioned the granting of the exceptions will not result in conditions that would be detrimental to the public health, safety, or welfare of the community. 3. That the combination of different dwelling types or the variety of land uses in the development will complement each other and will be compatible with surrounding uses; The project is a commercial development proposal. 4. That the standards of density, site area and dimensions, site coverage, yard area, setbacks, height of structures, distances between structures, off-street parking, off-street loading facilities, and landscaping are generally compatible with surrounding neighborhoods; The proposed drive-through restaurant uses will be compatible with the adjoining motel use and the retail and restaurant uses in the vicinity of the project site. 5. That adequate public facilities, including water, sewer, parks, schools, and other facilities are available to serve the site or will be made available as a condition of approval to serve the proposed development, without adversely affecting the existing public facilities serving surrounding neighborhoods; Adequate public facilities and services are available to serve the site or will be made available concurrent with the proposed development. 6. That the requested setback reductions are acceptable due to additional landscape and building setback areas on the site; The proposed setback reductions are acceptable due to additional building and landscaping setbacks on East Monte Vista Avenue and Interstate That projected traffic levels and levels of service are, or as a result of conditions of approval, will be consistent with the policies of the Transportation Element of the General Plan; The applicant prepared a Technical Traffic Memo to address potential traffic-related issues and the City s Traffic Engineering Division has accepted the conclusions of the report which state that the project will not result in any significant traffic impacts. WHEREAS, The Planning Commission has reviewed the request for the El Pollo Loco Complex Conditional Use Permit and finds: 1. That the proposed use and location are consistent with the goals, objectives, and policies of the General Plan and of the Development Code; 2. That the subject site is suitable for the type and intensity of use or development proposed, and the location, size, design, and operating characteristics of the proposed use are compatible with adjacent uses or with adjacent natural resources; 3. That the proposed use and any exception or waiver to development or performance standards shall not result in conditions that would be detrimental to the public health, safety, or welfare of the community; 4. That adequate public facilities and services are available to serve the site or will be made available concurrent with the proposed development; 10

11 5. That projected traffic levels and levels of service are, or as a result of conditions of approval, will be consistent with the policies of the Transportation Element of the General Plan; 6. That the potential impacts to the City s inventory of residential lands have been considered. NOW, BE IT RESOLVED, that the Planning Commission does hereby approve the El Pollo Loco Complex Planned Development and Conditional Use Permit subject to the conditions of approval (EXHIBIT A) attached hereto and incorporated by reference to this resolution. I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a regular meeting of the Planning Commission of the City of Vacaville, held on the 21 st day of October, 2008 by the following vote: ATTEST: AYES: NOES: ABSENT: Scott D. Sexton, Director of Community Development 11

12 EXHIBIT A CONDITIONS OF APPROVAL EL POLLO LOCO COMPLEX 1450 East Monte Vista Avenue File No I. Standard Conditions of Approval: The applicant shall comply with the applicable Standard Conditions of Approval for Nonresidential Development. 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 this action and dated October 21, 2008, expect as modified by these conditions of approval. 2. A minimum 45 on-site parking spaces including three accessible spaces shall be provided. All parking spaces shall be constructed in accordance with the Land Use and Development Code Section (Off-street Parking and Loading). The El Pollo Loco restaurant shall be limited to 67 interior seats and the Future Tenant shall be limited to 60 seats or 2,000 sq. ft. of floor area, whichever provides the greater number of parking spaces. Any outdoor dining area seating shall be included in the overall parking calculation (one space per three seats). Based on the number of onsite parking spaces (50), any outdoor dining area in the complex (both buildings) shall not exceed 15 seats/chairs. 3. Any potential tenant wishing to occupy the Future Tenant building shall be subject to review and approval by the Director and may require additional traffic analysis. 4. 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 (Signs): a. Freeway Sign: No freeway sign shall be permitted in accordance with Section D.3., unless the proposal the site is combined with other qualifying properties for the purpose of a Planned Sign Program for a freeway sign. A Planned Sign Program subject to review and approval by the Planning Commission shall be required for any freeway sign on this site. b. Existing Freestanding Signs: The existing freestanding signs shall be removed from the site. The removal of these signs shall be included in the Demolition Permit for the existing building. The demolition of the freestanding signs shall occur prior to submitting for Building Permits. c. All signage shall be an internally illuminated channel letter or halo-lit channel letter design. d. All temporary signs shall be in accordance with the Sign Ordinance. 5. Plan submitted for Building Permits shall include the following changes/addition to the elevations, subject to review and approval by the City Planner: 12

13 El Pollo Loco a. Side Elevation (Facing I-80) Architectural or designs elements shall be added to the right side of the building to enhance the blank wall; The tall design feature (with sign identified) on the left side of the elevation shall be entirely stone veneer; Plans submitted for Building Permits shall include the final design and content of the square-shaped areas with gooseneck lighting. b. Rear Elevation (Facing I-80 on-ramp) Extend stone veneer to eight (8) feet in height. c. Side Elevation (Facing E. Monte Vista Avenue) The taller element around the pick-up window shall be entirely stone veneer; Architectural or designs elements shall be added to the blank wall adjoining the pick-up window. d. All doors shall be painted to match the adjoining building colors which in some cases include two colors. e. There shall be a minimum two (2) overhead trellis structures with stone posts in the drivethrough lane. f. All exterior light fixtures shall be a decorative design. g. On all elevations the corner roof features shall be fully enclosed (four sides vs. two sides) and include decorative treatments (cornice design) on all four sides. h. The back sides of all design elements that extend above the roof shall be a painted and finished. Future Tenant Building i. Southeast Elevation (Facing I-80) The taller element around the pick-up window shall be entirely stone veneer; other architectural or designs elements shall be added to the right side of building to enhance the blank wall. j. Southwest Elevation - Plans submitted for Building Permits shall include the final design and content of the square-shaped areas with gooseneck lighting. k. All doors shall be painted to match the adjoining building colors which in some cases include two colors. l. There shall be a minimum two (2) overhead trellis structures with stone posts in the drivethrough lane. m. All exterior light fixtures shall be a decorative design. n. On all elevations the corner roof features shall be fully enclosed (four sides vs. two sides) and include decorative treatments (cornice design) on all four sides. o. The back sides of all design elements that extend above the roof shall be a painted and finished. Note: Any modifications to the approved building design by a future tenant shall be subject to a staff-level Design Review approval. 6. Stamped decorative concrete pavement shall be provided at the driveway entrances to the site. The length and width of the decorative concrete paving shall be minimum 30 feet x 10 feet at the southern driveway and 30 feet x 20 feet at the northern driveway. The final design shall be included in plans submitted for Building Permits, subject to review and approval by the City Planner. 7. All exterior lighting fixtures (building and parking lot) shall be decorative light fixtures, subject to review and approval by the City Planner. 8. Plans submitted for Building Permits shall include a Final Landscape Plan subject to review and approval by the City Planner, which shall include the following: a. El Pollo Loco elevation facing Interstate 80, two (2) trees with grates shall be installed. 13

14 b. All existing right-of-way cobble rip-rap shall be removed and the area landscaped and included in the overall site landscaping plan. c. Minimum 15 gal. Crape Myrtle or Red Buds shall be planted along the E. Monte Vista Avenue adjoining the parking spaces with a minimum spacing of 10 feet. d. Future Tenant building elevation facing E. Monte Vista Avenue, two (2) trees with grates shall be installed. e. Final design of the proposed tubular steel fence along E. Monte Vista Avenue. A fastgrowing type of evergreen vines shall be planted along the entire length of the fence. f. Final design of the corner (adjoining I-80 on-ramp) landscape feature. The design shall include berms, seasonal flowers, evergreen shrubs in addition to other dense landscaping and multi-trunk Crape Myrtle trees or almond trees. g. Landscaping adjoining the masonry wall facing I-80 shall include, min. 24 inch box Chinese Pastiche trees and shrubs. h. Final design of the 48 masonry wall adjoining I-80 shall be submitted for review and approval by the City Planner. The wall shall be a decorative design with relief (no flat plane design) including a decorative cap. Hall s Honeysuckle flowering vine or equivalent shall be planted along the entire length of the wall. i. Parking lot shading calculations which clearly show compliance with the City s Parking Shading requirement (50% shading in 10 years). j. Trees along East Monte Vista Avenue and Interstate 80 shall not be planted directly on top of any storm drain or sewer lines. In addition, trees planted in these areas shall include linear root barrier panels to protect the utility lines from root encroachment. 9. Plans submitted for building permits shall include details for the trash enclosure. The materials of the enclosure shall match the masonry materials of the main building, subject to review and approval by the Director. 10. 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. 11. Plans submitted for Building permits shall include a photometric plan. This plan shall comply with the Performance Standards of the Land Use and Development Code. The proposed parking lot light poles shall be a decorative design subject to review and approval by the Director of Community Development. 12. The Developer 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 , which requires, expect as otherwise provided by law (e.g. Government Code ) that the Developer 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 Developer of any such action, claim or proceeding and the City shall cooperate with Developer in the defense thereof without contributing to the cost of such defense. 13. The Applicant 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 Section

15 DEVELOPMENT ENGINEERING 14. The Applicant shall obtain an encroachment permit for any work to be constructed in the public right of way or public easements, and shall pay all City fees and post the necessary bonds for obtaining such permit. Any work in the State Right of Way shall require an Encroachment Permit from the State Department of Transportation. 15. The Applicant shall construct widening for 16 feet frontage lane across property frontage. Replace all broken sidewalks (192 square feet), curbs, and gutters (50 lineal feet), as required for drainage and ADA requirements. Transition the sidewalk into adjacent parcel (Best Western Motel). Relocate streetscape to allow for current ADA requirements. 16. Due to the existing shared access aisle, the western driveway may have a 20 ft throat distance with the Best Western Motel median on the westerly side, while maintaining a 35 ft from FOC to parking/drive aisle on the easterly side. The right in/right out (eastern) driveway is allowed a 33 ft throat distance on both sides of the driveway with Keep Clear pavement delineation in the drive aisle intersection. Sight distance for 35 mph design speed shall be maintained with any signs, landscaping, etc. 17. The Applicant shall designate 3 parking spaces adjoining the sewer lift station with restrictive signage to state 20 Minute Parking Only. 18. The Applicant shall install a minimum 2 foot wide S shaped raised concrete median in E. Monte Vista Avenue at the eastern driveway. The raised concrete median will allow back to back left turns into the Applicant s and Nugget Shopping Center Sites but will preclude left turns out of these sites onto E. Monte Vista Ave. The Applicant shall install signage in the new median that indicates no U- turns on E. Monte Vista Ave and no left turns from the driveways. 19. If it is necessary for the existing striping to be modified, the Applicant shall install a Type II Slurry Seal over the existing pavement (from face of curb to median) where the striping has been modified. 20. The Applicant shall verify the size, location and depth of the existing domestic/fire services. If the existing water connections are undersized, the Applicant shall install new services including meter, backflow and double detector check valves. Should the existing backflow prevention devices remain, they shall be brought up to current City of Vacaville specifications with new caged enclosures. 21. Where landscaping is proposed to replace the cobble ditch along the E. Monte Vista frontage, the Applicant shall provide appropriate underground storm drain facilities to convey the runoff from the culvert at the corner of E. Monte Vista Ave/I-80 on ramp to the existing storm inlet approximately 90- feet to the west on E. Monte Vista Ave. 22. All new landscaping, including along the Applicants frontage in the City Right of Way, shall be owned, irrigated, and maintained by the Applicant. 23. Sewer and storm drain connections shall be installed per City of Vacaville Standard Specifications. The Applicant shall verify locations and elevations of all proposed connections prior to final improvement plan submission. 24. The Applicant shall provide reciprocal access and private utility easements as necessary to serve the two parcels. 25. The Applicant shall Install R26 No Parking signs on the frontage at 150 ft o.c. and R6-1 One Way Arrow signs in the median, across from the impacted driveways on both sides of East Monte Vista Avenue. 15

16 26. The Project shall meet the applicable Design Standards as specified in Attachment 4, Section B, including all subsections of the City of Vacaville Phase II Storm Water Permit. 27. Discharges other that storm water (non-storm water discharges) to the storm drain are prohibited unless approved by the Director of Public Works. 28. 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. 29. Except for restrooms, kitchens, trash enclosures, and janitor mop sinks, the termination of floor or surface drains to the sanitary sewer shall require approval by the Director of Public Works. BUILDING Based on the information submitted with the Planning Application the Conditions of Approval are as follows: 30. Prior to use, occupancy or issuance of a building permit the applicant or current owner shall pay all City Impact Fees for the commercial occupancy related to this site. Contact the Building Division at Impact and other fess can be calculated by referring to the City Web site. Estimates are provided after the applicant pays a $200 fee and submits a complete fee estimate application. Estimates provided before the date of permit issuance may or may not reflect the fees at the time the permit is issued. Please do not assume the amount given as a fee estimate is the exact fee amount at the time of permit issuance. Please note that fee estimates do not include School district Fees. You are required to pay school district fees separately prior to the issuance of a building permit. Fire permit fees are charged a paid separately. Public Works encroachment permit fees are charged and paid separately. 31. The applicant shall contract with a licensed Architect, and Civil, and Structural Engineer to prepare drawings for the design of this building and the site. The construction documents shall be submitted for review and approval by the City. 32. The City s plan review comment time period of shell or TI Building Permit applications shall be no more than 21 calendar days for the first review starting from the applicant s date of submittal. And no more than 10 calendar days for any subsequent review. 33. The applicant shall provide a note on the plans that the City s Building Security items required by ordinance shall be installed. No additional requirements related to the Security Ordinance shall be required by the City if this note appears on the plans. This condition does not require that individual items be listed on the plans only that the note state there are requirements that must be installed. 34. The City s building permit application plan review process shall not require duplication of information on the plans. The architect or engineer is not required to place any summary of information on the plans that can be determined elsewhere by a review of the entire set of plans. 35. The civil plans shall address the following. On-site storm drain inlets and catch basins within the project area shall be stenciled with prohibitive language (such as No Dumping! Flows to Bay, or equivalent) and/or graphical icons to discourage illegal dumping, using methods approved by the City of Vacaville. Signs and prohibitive language and/or graphical icons, which prohibit illegal dumping, must be posted at public access points along channels and creeks within the project area. Legibility of stencils and signs must be maintained. 36. Single accommodation restrooms shall meet all the requirements in the figure below. A minimum 60 inches (1524 mm) wide and 48 inches (1219 mm) deep clear floor space shall be provided in front of the water closet. 16

17 37. Accessible stall(s) parking closest to an accessible entrance shall meet all of the following standards: 17

18 18

19 38. Clear 30 x 48 inch floor spaces in hallways and at doors shall not over lap. For example, the clear floor space at the single accommodation door overlaps with the clear floor space at the lavatory. 39. Prior to occupancy, all Current California Energy Commission Acceptance forms shall be submitted for review and must be approved by the Building Official. Please review Chapter 8 of the Energy Commission Nonresidential manual. 40. The installing contractor, engineer of record or owners agent shall be responsible for reviewing the plans and specifications to assure they conform to the acceptance requirements. This is typically done prior to signing a Certificate of Compliance. In reviewing the plans, the designer will be noting on the MECH-1-C and LTG-1- C code compliance forms, all of the respective mechanical and lighting systems that will require acceptance tests. An exhaustive list is required so that that when the acceptance tests are bid, all parties are aware of the scope of acceptance testing on the project. 41. The installing contractor, engineer of record or owners agent shall be responsible for performing a construction inspection prior to testing. Reviewing the acceptance requirements with the contractor prior to installation is very useful on several counts. In some cases, it is most economical to perform testing immediately after installation. Awareness of the acceptance test may result in the contractor identifying a design or construction practice that would not comply with the acceptance testing requirements prior to installation. Purchasing equipment with calibration certificates reduces the amount of required site calibration and may keep overall costs down. The purpose of the construction inspection is to assure that the equipment that is installed is capable of complying with the requirements of the Standards. Construction inspection also assures that the equipment is installed correctly and is calibrated. 42. The installing contractor, engineer of record or owners agent shall be responsible for undertaking all required acceptance requirement procedures. They shall be responsible for identifying all performance deficiencies, ensuring that they are corrected and again implementing the acceptance requirement procedures until all specified systems and equipment are performing in accordance with the Standards. The installing contractor, engineer of record or owners agent shall be responsible for documenting the results of the acceptance requirement procedures on the acceptance test forms and indicate satisfactory completion by signing the Certificate of Acceptance. 43. The developer has the option of having the foundation and grading of the site inspected and approved by the Geotechnical Engineering preparing the soils and engineering geology report. However, all foundations shall be designed to resist the effects of expansive soils. The slope away form the foundation shall be a minimum 5% for landscape areas and 2% for impervious areas. 44. Site directional signage meeting the requirements of Title 24 California Building Code Chapter 11B and the Americans with Disabilities Act 28 CFR Part 36 shall be provided from the public way to the entrance of the building along an accessible route of travel. 45. The surface of the service counters shall not be more than 34 inches above the floor. 46. The site shall be graded such that all sidewalks are less than 5 % longitudinal slope and less than 2% cross slope. 47. All finished concrete work design shall include the design slope of all curb ramps and show the least possible slope they can be designed to, given the proposed circumstances. This means that placing a note for a curb or pedestrian ramp to slope a maximum 8.33% is not approved. 48. The Site shall be designed such that that any constructed entry feature is out of the site distance triangle. This means that all signs and other constructed sight features as well as large bushes or trees shall be located such that no portion is closer than 15 feet from the face of any public curb. 19