HomeMy WebLinkAboutPC Resolution 2017-0031Exhibit A
Conditions of Approval
City of Atascadero
PLN 2017-1649
LA PLAZA DEVELOPMENT
6500 EL CAMINO REAL
PARENT APN 030-193-001,003,017,016, 031,030,033
The following conditions of approval apply to the project referenced above. The conditions of
approval are grouped under specific headings that relate to the timing of required compliance.
Additional language within a condition may further define the timing of the required compliance.
A. The following conditions shall be satisfied PRIOR TO THE
RECORDATION OF A FINAL MAP, or at the time specified in the
condition.
1. All Conditions, no matter what timing is specified in the above header, shall be
completed that are attached as Conditions of Approval in PC Resolution 2017-D for
Tentative Parcel Map AT 17-0088.
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2. For the purposes of development impact fee collection, impact fees shall be based on
the date of building permit submittal, consistent with the California Subdivision Map
Act.
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B. The following conditions shall be satisfied prior to the issuance of the
first of any DEMOLITION PERMIT, BUILDING PERMIT, SUBDIVISION
IMPROVEMENT, or at the time specified in the condition.
3. A landscape and irrigation plan shall be approved prior to the issuance of building
permits and included as part of site improvement plan consistent with EXHIBIT C, with
the exception of the proposed public plaza located within the right -of-way of
Atascadero Avenue (Mall), and must include the following:
All exterior meters, trash storage areas, air conditioning units and mechanical
equipment shall be screened with landscape m aterial and/or architecturally
compatible enclosures.
London Plane Sycamore or similar trees with a minimum size of 24 inch box
shall be provided along El Camino Real at a maximum spacing of 30 feet on
center (tree variety may be adjusted upon approval of Community
Development Director). Groupings of additional accent trees may be allowed to
accommodate sight-distance, topographical features, subject to the approval of
the Community Development Director and City Engineer.
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4. The proposed public plaza landscape plan and design within the Atascadero Avenue
(Mall) shall be approved by the Community Development Director prior to the
commencement of 50% design package interval.
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5. Atascadero Avenue (Mall) paved area shall terminate approximately 50 feet north east
as shown in Exhibit I. A turning radius may be required and approved by the City
Engineer prior to approval of public improvement plans for modification of Atascadero
Avenue (Mall) right-of-way.
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6. Fire hydrant locations shall be to the satisfaction of the City Fire Marshall.
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7. Properties and/or areas that are managed or owned by a Home Owners Association or
other such private entity shall be metered separately, as required by the Community
Development Director.
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8. Ground monument signage fronting El Camino Real shall be limited to a total of (2)
monument signs and shall be consistent with Sign standards shown in Table 15 -2 for
ground monument signage with the following exceptions:
Maximum of six (6) feet in total height
Total of 60 square feet of signage allowed for each side
Ground monument signage may be permitted directly adjacent to the back of
sidewalk
Ground monument signage shall be located no closer than 200-feet from each
other
9. A total of four (4) Building Name signs shall be permitted within the development with
the name “La Plaza”. Size shall be proportional to wall façade or placement on tower
element.
10. A freeway-oriented pylon sign shall be permitted on-site with the maximum height of
75-feet. Additional height may be granted by the Design Review Committee. Signage
shall include the City’s Logo and “Downtown Atascadero” on the faces of the sign. The
City’s Logo and “Downtown Atascadero” shall not count against the maximum signage
area. Maximum signage area shall be determined by the Community Development
Director or their designee.
11. Maximum project density shall not exceed 40 dwelling units. Any additional dwelling
units shall be approved by the Planning Commission as a minor conditional use permit
or its equivalent.
12. Building heights shall not exceed the following:
45-Feet maximum for occupied spaces;
70-Feet maximum for un-occupied spaces.
Additional height exception may be granted by the Design Review Committee.
13. The El Camino Real pedestrian entry/exit doors serving Building B shall not swing into
the public right-of-way more than one foot unless an encroachment permit is granted
by the City. As proposed, the doors shall be recessed into the building. A detail shall
be included in the submitted building permits prior to issuance to the satisfaction of the
building official or City Engineer.
14. The proposed waterfall structure in front of Building A shall be located entirely within
the subject property and shall not encroach into the public right-of-way. This shall be
shown on submitted on-site improvement plans and to be approved by the City
Engineer.
15. The developer may enter into a development agreement (DA) memorandum of
understanding (MOU), or other agreement with the City to receive development impact
credits for improvements to public rights-of-way. Impact Fee credits may include, but
are not limited to:
Traffic Impact Fee, Schedule 5.3
Parkland, Schedule 10.1
Open Space Acquisition, Schedule 10.1
Any Additional Development Impact Fees as determined by the City Manager
and the City Attorney with approval of the City Council
C. The following conditions shall be IMPLEMENTED DURING THE
CONSTRUCTION PHASE OF THE PROJECT.
16. All site work, grading, and site improvements shall be in substantial conformance with
the Master Plan of Development as shown in any of the enclosed exhibits.
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17. Native tree protection shall be installed and up at all times during construction related
activities per the tree protection plan.
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18. Pedestrian ramps on El Camino Real shall be constructed on each side of the street
type entrance that provides vehicular access to Shores’ property (the existing gas
station property) south of the subject property.
19. The applicant shall relocate the (E) sewer main that extends under proposed Building
“B”, to the satisfaction of the City Engineer. An easement over the re-routed sewer
main shall be dedicated to the public, to the satisfaction of the City Engineer.
20. Construction of the new driveway approach, northwesterly of Building A, requires
removal of the existing driveway approach serving the adjacent northwesterly property.
Vehicular access to this property shall be combined with the subject property.
21. The applicant shall coordinate with the Regional Transit Authority regarding the
relocation and modification to the existing bus shelter and bus stop. Final location shall
be approved by the Regional Transit Authority and the City Engineer.
D. The following conditions shall be met prior to the RELEASE OF
UTILITIES, FINAL INSPECTION, OR ISSUANCE OF A CERTIFICATE OF
OCCUPANCY, whichever occurs first.
22. All landscaping is to be installed prior to final inspection of development within Parcel
Map AT 17-0088,
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E. The following conditions shall be complied with AT ALL TIMES that the
use permitted by this planning application occupies the premise, and
shall be applied to the project in perpetuity until such time that the use
is extinguished.
23. The entitlement described at the location per this resolution is determined to be vested
with the property upon issuance of a building permit.
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24. Approval of this entitlement shall be final and effective consistent with Atascadero
Municipal Code (AMC) section 9-1.111 seq. et. al.
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25. Project construction must be in accordance with provided Exhibit(s), adopted with this
Resolution. Changes to architecture, landscaping design, and non -substantive
subdivision design may be approved by the Community Development Director or the
Design Review Committee (DRC).
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26. In accordance with the Atascadero Municipal Code section 9-8.105, any violation of
any of the Conditions of Approval is unlawful and may be cause for revocation of this
entitlement and subject the applicant and/or future property owners to the penalties set
forth in the Atascadero Municipal Code, as well as any other available legal remedies.
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27. The applicant shall agree to indemnify and defend at his/her sole expense any action
brought against the City, its present or former agents, officers, or employees because
of the issuance of this approval, or in any way relating to the implementation thereof, or
in the alternative, to relinquish such approval. The applicant shall reimburse the City,
its agents, officers, or employees, for any court costs and attorney's fees which the
City, its agents, officers or employees may be required by a court to pay as a result of
such action. The City may, at its sole discretion, participate at its own expense in the
defense of any such action, but such participation shall not relieve applicant of his/her
obligations under this condition.
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28. Should the described use be abandoned or extinguished, the property may be used
and / or developed with any use allowed by the underlying zoning district.
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29. Discharges to the public storm drain system are subject to review under the City’s MS4
State Permit and the boundaries established by the Regional Water Quality Control
Board for discharges to waters of the United States. Illicit discharges shall not be
approved and shall be eliminated where known to exist or are identified. Certain non-
storm water discharges may not be considered illicit where it can be shown that these
waters are not contaminated. Uncontaminated spring water, pumped ground water,
and water from crawl space pumps are not considered illicit discharges and are
therefore not prohibited from discharging to the storm drain system. The applicant
shall provide verification to the satisfaction of the City Engineer that the proposed
discharge waters are not contaminated.
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F. The following are mitigation measures that mitigate adverse
environmental effects identified in the prepared Environmental
Document. Any change in these measures may affect the validity of the
adopted Environmental Document, and a new or amended
Environmental Document may be required.
MITIGATION MEASURE TIMING
Aesthetics
AES-1 At the time of building permit submittal of the proposed project,
applicant must submit a photometric plan showing locations of
proposed on-sight lighting. Prior to final occupancy, City Staff and
the applicant shall meet on-site and review lights at dusk
condition to ensure off-site light spillage and glare are limited.
Prior to Building
Permit Issuance
AES-2 Any luminaire pole height shall not exceed 14-feet in height to
minimize off-site light spillage for consistency with the Atascadero
Municipal Code.
Prior to Building
Permit Issuance
AES-3 Limit intensity to up to 3.0 foot candles at ingress/egress, and
otherwise 0.6 foot candle minimum to 1.0 maximum in parking
areas and/or for street lighting, bollards, etc. to be reviewed at the
time of building final.
Prior to Building
Permit Final
Air Quality
MITIGATION MEASURE TIMING
AQ-1 Demolition activities can have potential negative air quality
impacts, including issues surrounding proper handling,
abatement, and disposal of asbestos containing material (ACM).
Asbestos containing materials could be encountered during the
demolition or remodeling of existing structures or the disturbance,
demolition, or relocation of above or below ground utility
pipes/pipelines (e.g., transit pipes or insulation on pipes). If this
project will include any of these activities, then it may be subject
to various regulatory jurisdictions, including the requirements
stipulated in the National Emission Standard for Hazardous Air
Pollutants These requirements include, but are not limited to: 1)
written notification, within at least 10 business days of activities
commencing, to the APCD, 2) asbestos survey conducted by a
Certified Asbestos Consultant, and, 3) applicable removal and
disposal requirements of identified ACM. Please contact the
APCD Engineering & Compliance Division at (805) 781-5912 for
further information or go to slocleanair.org/rules-
regulations/asbestos.php for further information. To obtain a
Notification of Demolition and Renovation form go to the “Other
Forms” section of slocleanair.org/library/download-forms.php.
Prior to Building
Permit Issuance
AQ-2 Based on the information provided, San Luis Obispo APCD is
unsure of the types of equipment that may be present during the
project’s construction phase. Portable equipment, 50 horsepower
(hp) or greater, used during construction activities may require
California statewide portable equipment registration (issued by
the California Air Resources Board) or an APCD permit.
The following list is provided as a guide to equipment and
operations that may have permitting requirements, but should not
be viewed as exclusive. For a more detailed listing, refer to the
Technical Appendices, page 4-4, in the APCD's 2012 CEQA
Handbook.
Power screens, conveyors, diesel engines, and/or
crushers;
Portable generators and equipment with engines that are
50 hp or greater; and,
Electrical generation plants or the use of standby
generator;
Internal combustion engines;
Rock and pavement crushing;
Unconfined abrasive blasting operations;
Tub grinders;
Trommel screens; and,
Portable plants (e.g. aggregate plant, asphalt batch plant,
concrete batch plant, etc.).
To minimize potential delays, prior to the start of the project,
please contact the APCD Engineering & Compliance Division at
(805) 781-5912 for specific information regarding permitting
During
Construction
MITIGATION MEASURE TIMING
requirements.
AQ-3 Effective February 25, 2000, the APCD prohibited developmental
burning of vegetative material within San Luis Obispo County. If
you have any questions regarding these requirements, contact
the APCD Engineering & Compliance Division at (805) 781-5912
During
Construction
AQ-4 Construction activities can generate fugitive dust, which could be
a nuisance to local residents and businesses in close proximity to
the proposed construction site. Projects with grading areas that
are greater than 4-acres or are within 1,000 feet of any sensitive
receptor shall implement the following mitigation measures to
manage fugitive dust emissions such that they do not exceed the
APCD’s 20% opacity limit (APCD Rule 401) or prompt nuisance
violations (APCD Rule 402):
a. Reduce the amount of the disturbed area where possible;
and,
b. Use of water trucks or sprinkler systems in sufficient
quantities to prevent airborne dust from leaving the site
and from exceeding the APCD’s limit of 20% opacity for
greater than 3 minutes in any 60 minute period. Increased
watering frequency would be required whenever wind
speeds exceed 15 mph. Reclaimed (non-potable) water
should be used whenever possible. Please note that
since water use is a concern due to drought
conditions, the contractor or builder shall consider the
use of an APCD-approved dust suppressant where
feasible to reduce the amount of water used for dust
control. For a list of suppressants, see Section 4.3 of the
CEQA Air Quality Handbook.
c. All dirt stock pile areas should be sprayed daily and
covered with tarps or other dust barriers as needed;
d. Permanent dust control measures identified in the
approved project revegetation and landscape plans should
be implemented as soon as possible following completion
of any soil disturbing activities;
e. Exposed ground areas that are planned to be reworked at
dates greater than one month after initial grading should
be sown with a fast germinating, non-invasive, grass seed
and watered until vegetation is established;
f. All disturbed soil areas not subject to revegetation should
be stabilized using approved chemical soil binders, jute
netting, or other methods approved in advance by the
APCD;
g. All roadways, driveways, sidewalks, etc. to be paved
should be completed as soon as possible. In addition,
building pads should be laid as soon as possible after
During
Construction
MITIGATION MEASURE TIMING
grading unless seeding or soil binders are used;
h. Vehicle speed for all construction vehicles shall not
exceed 15 mph on any unpaved surface at the
construction site;
i. All trucks hauling dirt, sand, soil, or other loose materials
are to be covered or should maintain at least two feet of
freeboard (minimum vertical distance between top of load
and top of trailer) in accordance with CVC Section 23114;
j. Track-Out” is defined as sand or soil that adheres to
and/or agglomerates on the exterior surfaces of motor
vehicles and/or equipment (including tires) that may then
fall onto any highway or street as described in California
Vehicle Code Section 23113 and California Water Code
13304. To prevent ‘track out’, designate access points and
require all employees, subcontractors, and others to use
them. Install and operate a ‘track-out prevention device’
where vehicles enter and exit unpaved roads onto paved
streets. The ‘track-out prevention device’ can be any
device or combination of devices that are effective at
preventing track out, located at the point of intersection of
an unpaved area and a paved road. Rumble strips or
steel plate devices need periodic cleaning to be effective.
If paved roadways accumulate tracked out soils, the track-
out prevention device may need to be modified;
k. Sweep streets at the end of each day if visible soil material
is carried onto adjacent paved roads. Water sweepers
shall be used with reclaimed water should be used where
feasible. Roads shall be pre-wetted prior to sweeping
when feasible;
l. All PM10 mitigation measures required should be shown on
grading and building plans; and,
m. The contractor or builder shall designate a person or
persons to monitor the fugitive dust emissions and
enhance the implementation of the measures as
necessary to minimize dust complaints, reduce visible
emissions below the APCD’s limit of 20% opacity for
greater than 3 minutes in any 60 minute period. Their
duties shall include holidays and weekend periods when
work may not be in progress. The name and telephone
number of such persons shall be provided to the APCD
Engineering & Compliance Division prior to the start of any
grading, earthwork or demolition.
AQ-5 This project is in close proximity to nearby sensitive receptors.
Projects that will have diesel powered construction activity in
close proximity to any sensitive receptor shall implement the
following mitigation measures to ensure that public health benefits
are realized by reducing toxic risk from diesel emissions:
To help reduce sensitive receptor emissions impact of diesel
During
Construction
MITIGATION MEASURE TIMING
vehicles and equipment used to construct the project, the
applicant shall implement the following idling control
techniques:
1. California Diesel Idling Regulations
a. On-road diesel vehicles shall comply with Section
2485 of Title 13 of the California Code of Regulations.
This regulation limits idling from diesel-fueled
commercial motor vehicles with gross vehicular weight
ratings of more than 10,000 pounds and licensed for
operation on highways. It applies to California and
non-California based vehicles. In general, the
regulation specifies that drivers of said vehicles:
1. Shall not idle the vehicle’s primary diesel engine for
greater than 5 minutes at any location, except as
noted in Subsection (d) of the regulation; and,
2. Shall not operate a diesel-fueled auxiliary power
system (APS) to power a heater, air conditioner, or
any ancillary equipment on that vehicle during
sleeping or resting in a sleeper berth for greater
than 5.0 minutes at any location when within 1,000
feet of a restricted area, except as noted in
Subsection (d) of the regulation.
b. Off-road diesel equipment shall comply with the 5-
minute idling restriction identified in Section 2449(d)(2)
of the California Air Resources Board’s In-Use Off-
Road Diesel regulation.
c. Signs must be posted in the designated queuing areas
and job sites to remind drivers and operators of the
state’s 5-minute idling limit.
d. The specific requirements and exceptions in the
regulations can be reviewed at the following web sites:
www.arb.ca.gov/msprog/truck-idling/2485.pdf and
www.arb.ca.gov/regact/2007/ordiesl07/frooal.pdf.
AND/OR
2. Diesel Idling Restrictions Near Sensitive Receptors
In addition to the state required diesel idling requirements,
the project applicant shall comply with these more
restrictive requirements to minimize impacts to nearby
sensitive receptors:
a. Staging and queuing areas shall not be located within
1,000 feet of sensitive receptors;
b. Diesel idling within 1,000 feet of sensitive receptors
shall not be permitted;
c. Use of alternative fueled equipment is recommended;
and
d. Signs that specify the no idling areas must be posted
MITIGATION MEASURE TIMING
and enforced at the site.
AQ-6 Exterior architectural coasting shall be limited to Volatile Organic
Compound (VOC) of 50 grams per liter maximum to the extent
feasible.
During
Construction
AQ-7 Interior architectural coasting shall be limited to Volatile Organic
Compound (VOC) of 0 grams per liter maximum to the extent
feasible within residential and non-residential spaces.
During
Construction
AQ-8 Should hydrocarbon contaminated soil be encountered during
construction activities, the APCD must be notified as soon as
possible and no later than 48 hours after affected material is
discovered to determine if an APCD Permit will be required. In
addition, the following measures shall be implemented
immediately after contaminated soil is discovered:
Covers on storage piles shall be maintained in place at all
times in areas not actively involved in soil addition or
removal;
Contaminated soil shall be covered with at least six inches
of packed uncontaminated soil or other TPH –non-
permeable barrier such as plastic tarp. No headspace
shall be allowed where vapors could accumulate;
Covered piles shall be designed in such a way to eliminate
erosion due to wind or water. No openings in the covers
are permitted;
The air quality impacts from the excavation and haul trips
associated with removing the contaminated soil must be
evaluated and mitigated if total emissions exceed the
APCD’s construction phase thresholds;
During soil excavation, odors shall not be evident to such
a degree as to cause a public nuisance; and,
Clean soil must be segregated from contaminated soil.
The notification and permitting determination requirements shall
be directed to the APCD Engineering & Compliance Division at
(805) 781-5912.
During
Construction
Green House Gas Emissions
GHG-1 The proposed project shall include a minimum of four (4) electric
vehicle (EV) chargers within the proposed parking lot. Vehicle
chargers shall be counted as parking spaces for the purposes of
parking calculations.
Prior to Building
Permit Final
Cultural Resources
MITIGATION MEASURE TIMING
CR-1 Recordation and documentation shall be produced according to
the California Register of Historic Resources prior to issuance of
demolition permits for both 6452 and 6490 El Camino Real.
Documentation shall include the following:
Completion of State of California Form DPR 523B;
Large scale color photographs of exterior and interior with
scale and caption;
Large scale site plan and floor plan of existing building(s)
with legend and callouts of location photographs taken;
Copies of selected historic photographs;
Written description of construction and use of the
structures; and,
Digital copies of all materials submitted in PDF format.
Prior to Demo
Permit Issuance
CR-2 In the event that human remains are discovered on the property,
all work on the project shall stop and the Atascadero Police
Department and the County Coroner shall be contacted
immediately. The Atascadero Community Development Director
shall be notified. If the human remains are identified as being
native American, the California Native American Heritage
Commission (NAHC) shall be contacted at (916) 653-4082 within
24 hours. A representative from both the Chumash Tribe and the
Salinan Tribe shall be notified during the excavation of any
remains.
During
Construction
Noise
NO-1 Soffit vents, eave vents, dormer vents and other wall and roof
penetrations shall be on the walls and roofs facing away from the
noise source wherever possible.
Prior to Building
Permit Issuance
NO-2 The walls of habitable spaces and office space on second and
third stories nearest the noise source shall have wall construction
with an S.T.C. (Sound Transmission Class) rating of 30 or greater.
For instance, stucco exterior or equivalent on 2” x 4” stud walls
with minimum R-13 batt insulation and two layers of ½” gypsum
board on the interior will provide an S.T.C. rating of 30 or greater
along these walls.
Prior to Building
Permit Issuance
NO-3 Common acoustic leaks, such as electrical outlets, pipes, vents,
ducts, flues, and other breaks in the integrity of the wall, ceiling or
roof construction on the side of the dwellings nearest
transportation noise sources shall receive special attention during
construction. All construction openings and joints on the walls on
the noise facing side of the site shall be insulated, sealed and
caulked with a resilient, non-hardening, acoustical caulking
material. All such openings and joints shall be airtight to maintain
sound isolation.
Prior to Building
Permit Issuance
MITIGATION MEASURE TIMING
NO-4 To meet the interior LDN 45 dBA requirements, windows for
habitable spaces on the second and third floors of affected units
facing the noise source shall be of double-glazed construction
with one light of laminated glass, and installed in accordance with
the recommendations of the manufacturer. The windows shall
have full gaskets, with an S.T.C. rating of 30 or better, as
determined in testing by an accredited acoustical laboratory.
Prior to Building
Permit Issuance
Transportation & Traffic
TP-1 The applicant or developer must relocate the existing pedestrian
crossing at the midblock crossing at the intersection of East Mall
and El Camino Real to the signalized intersection of West Mall
and El Camino Real. The applicant shall re-stripe and provide
conduit for a new pedestrian crossing signal adjacent to the
project site. The proposed improvement may be eligible for TIF
credits based on the adopted Capital Improvement Plans at the
time of building permit issuance.
Prior to release
final sign off of
off-site
improvements.
TP-2 The applicant shall work with City Staff and the Regional Transit
Authority to relocate the adjacent southbound RTA stop that
currently exists near the intersection of Entrada and El Camino
Real. This includes relocation or re-construction of a bus shelter,
as deemed appropriate by the City Engineer
Prior to release
final sign off of
off-site
improvements.
Utilities Services
UT-1 The proposed project must pay all applicable sewer connection
fees at the time of building permit issuance. A fee credit may be
applicable for all existing fixtures and connections listed in
demolition permits for buildings removed.
Prior to Building
Permit Issuance
UT-2 The applicant shall be responsible for providing fair share impact
fees for wastewater in effect at the time of building permit
issuance.
Prior to Building
Permit Issuance
UT-3 The developer must include trash and recycle receptacles near
public entries and a minimum of (3) trash and recycle receptacles
within the proposed plaza to be dispersed throughout the length
of the plaza. Receptacle design shall be approved by Staff and
included on landscaping plans at the time of building permit
submittal.
Prior to release
final sign off of
on-site
improvements.
**END CONDITIONS**
EXHIBIT B: MASTER PLAN OF DEVELOPMENT / SITE PLAN
EXHIBIT C: LANDSCAPE PLAN
EXHIBIT D: Elevations / Floor Plan / Sections
EXHIBIT E: COLORS AND MATERIALS BOARD
EXHIBIT F: SIGNAGE
EXHIBIT G: GRADING AND DRAINAGE PLAN
EXHIBIT H: UTILITY PLAN
EXHIBIT I: PROPOSED PLAZA IMPORVEMENTS
Re-located
Crosswalk
20-foot vehicular
access
End pavement
approximately 50 northeast
of property marker
Curve may be needed
by Engineer