Zoning Administrator Staff Report

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Zoning Administrator Staff Report September 13, 2021 PROJECT TITLE: Burger King Remodel FILE: PLNG21-024 REQUEST: Minor Design Review LOCATION: 9181 E. Stockton Boulevard APN: 116-0920-004 STAFF: Joseph N. Daguman, Assistant Planner PROPERTY OWNER: PROJECT APPLICANT: Pauline F Kouvalas-Prew Revocable Living Trust Pauline Kouvalas (Representative) P.O. Box 6604 San Jose, CA 95150 Quikserve Enterprises, Inc. Sunny Ghai (Representative) 25 E Airway Boulevard Livermore, CA 94551 Staff Recommendation Staff recommends that the Zoning Administrator adopt a Resolution (Attachment 1): 1. Finding the Project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of Title 14 of the California Code of Regulations (State CEQA Guidelines); and 2. Approving a Minor Design Review for the Burger King Remodel Project (PLNG21-024) subject to findings and conditions of approval contained in the draft Resolution. Project Description The Burger King Remodel Project (the “Project”) consists of a Minor Design Review for building façade and site improvements to the existing Burger King Restaurant and drive-through located at 9181 E. Stockton Boulevard. The improvements will update the building’s architectural façade to a more contemporary style consistent with similar rebranding efforts in the region. Site improvements will include a reconfigured drive-through that will split the existing single lane into two lanes and will add a second menu board and speaker system, and minor landscaping and accessibility upgrades. Project Setting/Background The Project site is a developed, ±0.97-acre parcel within the Marketplace 99 Shopping Center, The Marketplace 99 Shopping Center (formerly the Laguna Promenade Shopping Center), including the existing 2,885 square foot Burger King Restaurant with a single-lane drive-through, was approved by the Sacramento County Board of Supervisors in 1992 (County File 90-SDP-UPP-PAP- VAZ-PRP-1611) and constructed in 1998 prior to incorporation of the City of Elk Grove (City). The Project site was also developed with paved parking, lighting, and landscape improvements. The site is surrounded by commercial uses to the north, south, east, and west. Figures 1 and 2 show the location of the Project and the site’s current condition, while Table 1 provides the General Plan land use designations and zoning districts for the surrounding uses. AGENDA ITEM NO. 3.2 1

Transcript of Zoning Administrator Staff Report

Page 1: Zoning Administrator Staff Report

Zoning Administrator Staff Report September 13, 2021

PROJECT TITLE: Burger King Remodel FILE: PLNG21-024 REQUEST: Minor Design Review LOCATION: 9181 E. Stockton Boulevard APN: 116-0920-004STAFF: Joseph N. Daguman, Assistant Planner

PROPERTY OWNER: PROJECT APPLICANT: Pauline F Kouvalas-Prew Revocable Living Trust Pauline Kouvalas (Representative) P.O. Box 6604 San Jose, CA 95150

Quikserve Enterprises, Inc. Sunny Ghai (Representative) 25 E Airway Boulevard Livermore, CA 94551

Staff Recommendation

Staff recommends that the Zoning Administrator adopt a Resolution (Attachment 1):

1. Finding the Project exempt from the California Environmental Quality Act (CEQA) pursuantto Section 15301 (Existing Facilities) of Title 14 of the California Code of Regulations (StateCEQA Guidelines); and

2. Approving a Minor Design Review for the Burger King Remodel Project (PLNG21-024)subject to findings and conditions of approval contained in the draft Resolution.

Project Description

The Burger King Remodel Project (the “Project”) consists of a Minor Design Review for building façade and site improvements to the existing Burger King Restaurant and drive-through located at 9181 E. Stockton Boulevard. The improvements will update the building’s architectural façade to a more contemporary style consistent with similar rebranding efforts in the region. Site improvements will include a reconfigured drive-through that will split the existing single lane into two lanes and will add a second menu board and speaker system, and minor landscaping and accessibility upgrades.

Project Setting/Background

The Project site is a developed, ±0.97-acre parcel within the Marketplace 99 Shopping Center, The Marketplace 99 Shopping Center (formerly the Laguna Promenade Shopping Center), including the existing 2,885 square foot Burger King Restaurant with a single-lane drive-through, was approved by the Sacramento County Board of Supervisors in 1992 (County File 90-SDP-UPP-PAP-VAZ-PRP-1611) and constructed in 1998 prior to incorporation of the City of Elk Grove (City). The Project site was also developed with paved parking, lighting, and landscape improvements. The site is surrounded by commercial uses to the north, south, east, and west. Figures 1 and 2 show the location of the Project and the site’s current condition, while Table 1 provides the General Plan land use designations and zoning districts for the surrounding uses.

AGENDA ITEM NO. 3.2

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Figure 1 – Location Map

Figure 2 – Project Site

Table 1 - Adjacent Land Designations and Uses

Existing Uses General Plan Zoning Project Site Burger King Restaurant Regional Commercial (RC) Shopping Center (SC)

North Burlington Coat Factory Regional Commercial (RC) Shopping Center (SC)

South Gasoline Station & Convenience Store

Regional Commercial (RC) Shopping Center (SC)

East Rogers Jewelry Regional Commercial (RC) Shopping Center (SC)

West IHOP Restaurant In-Line Businesses

Regional Commercial (RC) Shopping Center (SC)

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Figure 3 – Project Approval (County File 90-SDP-UPP-PAP-VAZ-PRP-1611)

Figure 4 – Approved Site Layout for Lot 4

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Project Analysis General Plan and Zoning The site’s General Plan Regional Commercial (RC) designation is characterized by retail and service uses that serve a regional market area. These uses typically consist of a unified shopping center with major anchor stores and encompass a larger total area than Community Commercial uses. Retail and service uses are intended to be the predominant use. Office and professional uses are also allowed. Limited residential uses may be allowed when integrated with nonresidential uses within an approved District Development Plan and consistent with zoning. Regional Commercial uses are generally located near intersections of two or more major roadways offering primary access. The Project site’s Shopping Center (SC) Zoning is considered an implementing zoning of the RC land use designation (General Plan Consistency Matrix 3-1). The proposed use is allowed by right when the drive-through window and menu board are both located more than 300 feet from a residential zoning district (RD-1 to RD-30) or residential use, and more than 1,000 feet from a Rural Residential General Plan designation. Additionally, the Project will result in a Floor Area Ratio (FAR) of 0.13 which is below the Community Commercial FAR maximum of 1.0. As the restaurant with drive-through service is a use allowed by right with a development intensity below the maximum FAR, the proposed use will be consistent with the General Plan. Minor Design Review Elk Grove Municipal Code (EGMC) Section 23.16.080(B)(3)(d) requires a Minor Design Review for the exterior remodel of nonresidential buildings or structures when not substantially consistent with existing improvements or approved plans as determined by the Development Services Director. The Elk Grove Design Guidelines establish criteria for nonresidential development to achieve a product of high-quality design that creates a level of visual interest compatible with the surrounding neighborhood’s character. Site Plan The proposed Project is a remodel of an existing Burger King Restaurant that will include a reconfigured drive-through that will split the existing single lane into two lanes and will add a second menu board and speaker system. Orders will be taken using one of two menu boards with speaker systems. Afterwards, vehicles will merge into a single lane and proceed through the drive-through where payment and meal pick up are completed at the window. Once customers pick up their orders from the window, vehicles will exit back onto E. Stockton Boulevard. Chapter 23.78 of the Zoning Code establishes development standards regulating the design and operation of new drive-through facilities. The Project includes a Burger King Restaurant remodel that includes a reconfiguration of drive-through facility and, therefore, is subject to compliance with this section.

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Table 2 – Drive-Through Development Standards Standard Proposed Complies

Drive-Through Aisle Radius At Curve: 10 Feet

10 Feet Yes

Drive-Through Aisle Radius Interior: 12 Feet

12 Feet Yes

Stacking Space 180 Feet

Approximately 200 Feet Yes

Drive-Through Entrance/Exit 50 feet from an intersection of public rights-of-way, measured at the closest intersecting curbs, and at least 25 feet from the curb-cut on an adjacent property.

Drive-Through Entrance The proposed modification to drive-through entrance will be greater than 50 feet from the

public right-of-way.

Drive-Through Exit The existing drive-through exit is less than 50 feet from the intersection of the public right-of-way, which was legally approved by Sacramento County. No modifications are proposed to the drive-through exit.

See Discussion**

Drive-Through Entrance Provide Directional Signs & Pavement Markings

Direction Signs and Pavement Markings provided

Yes

Drive-Through Aisle Separated from the circulation routes necessary for ingress or egress from the property, or access to a parking space

The drive-through aisle is separate from circulation routes necessary for ingress or egress from the property or access to a parking space.

Yes

Landscaping A five-foot-wide planter between the drive-through aisle and the parking area that includes shade trees consistent with those used in the parking area,

The drive-through lane addition will feature a five-foot-wide planter to separate the parking area.

Yes

Landscaping A minimum three-foot-tall, maximum four-foot-tall planter with low shrubs that screens the drive-through aisles from the abutting public right-of-way shall be used to minimize the visual impact of readerboard signs and directional signs.

The existing landscaping and shrubs on E. Stockton Boulevard Drive are proposed to remain and satisfy this requirement.

Yes

**Pursuant to EGMC Section 23.84.020 (B)(1), changes to a nonconforming structure by addition, enlargement, extension, reconstruction, or relocation may be allowed if the changes conform to applicable provisions of the Zoning code. No changes to the existing drive-through exit are proposed. The only changes to the drive-through lane will be made at the drive through entrance. These changes have been found to conform with the drive-through development standards as provided in EGMC 23.78 (drive-through stacking length, with, turning radius, and landscaping) and therefore, such changes are consistent with those changes to a non-conforming structure which are allowed.

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Elk Grove Zoning Administrator Burger King Remodel (PLNG21-024) September 13, 2021 Page 6 Finally, interior modifications are proposed for the dining area, countertop, restroom, and kitchen. Interior improvements will provide 80 seats in the dining area. Staff analyzed the parking requirements for the Project. Pursuant to EGMC Section 23.58-2 (Parking Requirements by Land Use), “Restaurants” require 1 space per 3 fixed seats. Based on Zoning Code requirements, the Project requires 25 parking spaces. The proposed use satisfies the parking requirements by providing 32 parking spaces.

Figure 5 – Existing/Proposed Site Plan

Landscaping Pursuant to EGMC Section 23.54.020(B), the proposed Project does not require the installation of new landscaping because there is not an expansion of square footage to the existing building. However, the reconfigured drive-through is subject to the drive-through landscaping requirements under EGMC Section 23.78.030(B). The drive-through reconfiguration will result in elimination of some landscaping along the northern side of the building. However, the Applicant proposes to install new landscaping directly adjacent to the reconfigured drive-through lane. The Applicant proposes to retain all existing shade trees currently planted on site.

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Figure 6 – Proposed Landscaping Plan

Architecture The Elk Grove Design Guidelines establish criteria for residential and nonresidential development to achieve a product of high-quality design that is compatible with the character of the surrounding area. The Project is required to incorporate a variety of design treatments for the purposes of ensuring the development is compatible with the surrounding area and is integrated into the built environment. The proposed site is adjacent to existing commercial development to the north, south, east, and west. Considerations of the adjacent uses were made in reviewing the proposed Project to facilitate a design concept that would be compatible with the surrounding area while also meeting the City’s adopted Design Guidelines for nonresidential development. The City’s design standards encourage the use of varying roof lines, façade details, and variety of building materials, articulation through plane breaks, and defined entrances and edges for creating a visual interest. The proposed building façade will be treated with a variety of materials including stucco, masonry brick, ceramic tile, fiber cement panels, and metal canopies over the windows and doors. Multiple plane changes, parapet heights, and design elements are utilized to indicate tenant entry locations. The proposed elevations provide high-quality materials, detailing, and colors, which are carried over to all building elevations. Figures 7 and 8 provides architectural elevations for the proposed building.

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Figure 7 – Proposed Building Elevations

Figure 8 – Colored Rendering

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Elk Grove Zoning Administrator Burger King Remodel (PLNG21-024) September 13, 2021 Page 9 The existing buildings in the vicinity, including the Chuck E Cheese’s, Burlington Coat Factory, IHOP Restaurant, and commercial buildings with in-line shops and restaurants do not collectively exhibit any cohesive design theme. However, the proposed Burger King remodel is compatible with the character and color scheme of the surrounding area while still incorporating modern design elements to make the building distinctive. The selected color palette is complimentary to surrounding buildings while incorporating brick similar to the nearby IHOP Restaurant and the recently-approved Raising Cane’s Restaurant. While the proposed building includes modern design elements that are not included on immediately adjacent buildings, it is compatible with the scale, colors, and form of these existing buildings. Letters from Commenting Agencies The Project application was routed to various City, County, and State agencies for review. Comments from agencies have either been addressed through the processing of the Project or have been included as draft conditions of approval in Attachment 1. Environmental Analysis CEQA requires analysis of agency approvals of discretionary “projects.” A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment” (State CEQA Guidelines Section 15378). The proposed Project is a project under CEQA. The Project is exempt from CEQA pursuant to Section 15301 (Existing Facilities) of Title 14 of the California Code of Regulations (State CEQA Guidelines) based on the finding in the attached draft Resolution (Attachment 1). Recommended Action Should the Zoning Administrator agree with staff’s recommendation, the following action is suggested:

“Adopt a Resolution finding the Project exempt from CEQA pursuant to State CEQA Guidelines Section 15301; and approving a Minor Design Review for the Burger King Remodel Project (PLNG21-024) subject to the findings and conditions of approval included in the draft Resolution.”

Note: The Zoning Administrator’s decision on this Project is appealable to the Planning Commission and the City Council, if applicable, provided such appeal is made within the required time frames under EGMC Section 23.14.060 (Appeals). Attachments 1. Zoning Administrator Draft Resolution

Exhibit A – Project Description Exhibit B – Project Plans Exhibit C – Conditions of Approval

2. Site Photos

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ATTACHMENT 1

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RESOLUTION NO. ZA-2021-XX SEPTEMBER 13, 2021

A RESOLUTION OF THE CITY OF ELK GROVE ZONING ADMINISTRATOR FINDING THE PROJECT EXEMPT FROM CEQA PURSUANT TO STATE CEQA

GUIDELINES SECTION 15301 AND APPROVING A MINOR DESIGN REVIEW

FOR THE BURGER KING REMODEL

PROJECT NO. PLNG21-024 9181 E. STOCKTON BOULEVARD

APN: 116-0920-004 WHEREAS, the Development Services Department of the City of Elk Grove (the “City”) received an application on April 7, 2021, from Quikserve Enterprises, Inc. (the “Applicant”) requesting a Minor Design Review for the Burger King Remodel Project at 9181 E. Stockton Boulevard (the “Project”); and WHEREAS, the proposed Project is located on real property in the incorporated portions of the City of Elk Grove more particularly described as APN 1116-0920-004; and

WHEREAS, the Development Services Department considered the Project request pursuant to the Elk Grove General Plan; the Elk Grove Municipal Code (EGMC) Title 22 (Land Development) and Title 23 (Zoning Code); the Elk Grove Design Guidelines, and all other state and local regulations; and

WHEREAS, the Zoning Administrator of the City of Elk Grove (the “Zoning Administrator”) held a duly-noticed public hearing on September 13, 2021, as required by law to consider all of the information presented by staff, information presented by the Applicant, and public testimony presented in writing and at the meeting.

NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator hereby finds the Burger King Remodel Project (PLNG21-024) exempt from CEQA pursuant to State CEQA Guidelines Section 15301 based upon the following finding: CEQA Finding: The Project is exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Existing Facilities).

Evidence: CEQA requires analysis of agency approvals of discretionary “projects.” A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment” (State CEQA Guidelines Section 15378). The proposed Project is a project under CEQA. The Project is exempt from CEQA pursuant to State CEQA Guidelines Section 15301

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(Existing Facilities). Section 15301 applies to projects that consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use beyond that existing at the time of the lead agency’s determination. The Project consists of a Minor Design Review for building façade and site improvements to the existing Burger King Restaurant and drive-through located at 9181 E. Stockton Boulevard. First, the improvements will update the building’s architectural façade to a more contemporary style consistent with similar rebranding efforts in the region. Second, the drive-through will be reconfigured into a two-lane entry and will add a second menu board and speaker system. Finally, landscaping and accessibility upgrades are proposed. The proposed use is allowed in SC zoned Project site which is surrounded by other commercial uses to the north, south, east, and west. The Project site is in an area where all public services and facilities are available and is not environmentally sensitive. In February 2019, the City Council adopted a new General Plan which relies on Vehicle Miles Traveled (VMT) as a measure of transportation impacts. The Project consists of a commercial project that is under 50,000 square feet. Commercial projects less than 50,000 square feet are exempt from VMT analysis. Approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality. No special circumstances exist that would indicate that there is a reasonable possibility that the Project would have a significant adverse effect on the environment.

AND BE IT FURTHER RESOLVED that the Zoning Administrator of the City of Elk Grove hereby approves a Minor Design Review for the Burger King Remodel Project (PLNG21-024) as described in Exhibit A and illustrated in Exhibit B, subject to the conditions of approval in Exhibit C (all incorporated herein by this reference), based upon the following findings:

Minor Design Review

Finding #1: The proposed Project is consistent with the objectives of the General Plan, complies with applicable zoning regulations, specific plan provisions, special planning area provisions, Citywide Design Guidelines, and improvement standards adopted by the City.

Evidence #1: The site plan and building elevations have been reviewed in accordance with the General Plan, Zoning Code, and Elk Grove Design Guidelines. The proposed drive-through facility meets all standards required by Chapter 23.78 of the EGMC regulating drive-through facilities in relation to required vehicle stacking, landscaping, and parking. The Project is consistent with the Regional Commercial (RC) General Plan designation which is characterized by retail and service uses that serve a regional market area. The Project complies with the applicable development standards of Title 23, Zoning, including setbacks, height limits, landscaping requirements, and parking requirements.

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Finding #2: The proposed architecture and site design is suitable for the purposes of the building and the site and will enhance the character of the neighborhood and community.

Evidence #2: The building elevations have been reviewed in accordance with the applicable Design Guidelines for the Project site, and it is concluded that the architecture meets all applicable design requirements. The proposed building façade will be treated with a variety of materials including stucco, masonry brick, ceramic tile, fiber cement panels, and metal canopies over the windows and doors. Multiple plane changes, parapet heights, and design elements are utilized to indicate tenant entry locations. The proposed elevations provide high-quality materials, detailing, and colors, which are carried over to all building elevations. Exhibit B provides architectural elevations for the proposed building.

Finding #3: The architecture, including the character, scale and quality of the design, relationship with the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting and signing and similar elements establishes a clear design concept and is compatible with the character of buildings on adjoining and nearby properties.

Evidence #3: The proposed Project has been designed to be consistent with the requirements of the Elk Grove Design Guidelines. The proposed Project is compatible with the character of the surrounding area while still incorporating modern design elements to make the building distinctive. The existing buildings in the vicinity, including the Chuck E Cheese’s, Burlington Coats, IHOP Restaurant, and commercial buildings with in-line shops and restaurants do not collectively exhibit any cohesive design theme. However, the proposed Burger King remodel is compatible with the character and color scheme of the surrounding area while still incorporating modern design elements to make the building distinctive. The selected color palette is complementary to surrounding buildings while incorporating brick similar to the nearby IHOP Restaurant and the recently-approved Raising Cane’s Restaurant. While the proposed building includes modern design elements that are not included on immediately adjacent buildings, it is compatible with the scale, colors, and form of these existing buildings.

Finding #4: The proposed project will not create conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation.

Evidence #4: The facility is surrounded by existing development and the existing restaurant will maintain access to all existing modes of circulation. The modifications allow for increased use by surrounding customers by improving the circulation as the expanded drive-through will allow for greater vehicle queueing and faster service.

Finding #5: For residential subdivision design review applications, the residential subdivision is well integrated with the City’s street network, creates unique neighborhood environments, reflects traditional architectural styles, and establishes a pedestrian friendly environment.

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Evidence #5: The Project is not a residential subdivision. Therefore, this finding is not applicable to the Project.

The foregoing Resolution of the City of Elk Grove was passed and adopted by the City of Elk Grove Zoning Administrator on the 13th day of September 2021.

Christopher Jordan, Zoning Administrator

Date

ATTEST: ______________________________________ Sandy Kyles, Planning Secretary

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Exhibit A Burger King Remodel (PLNG21-024) Project Description

Zoning Administrator Resolution – ZA-Resolution 2021-XX| September 13, 2021 Burger King Remodel (PLNG21-024) Page 5 of 17

PROJECT DESCRIPTION

The Project consists of a Minor Design Review for building façade and site improvements to the existing Burger King Restaurant and drive-through located at 9181 E, Stockton Boulevard. The improvements will update the building’s architectural façade to a more contemporary style consistent with similar rebranding efforts in the region. Site improvements will include a reconfigured drive-through that will split the existing single lane into two lanes and will add a second menu board and speaker system, and minor landscaping and accessibility upgrades.

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Exhibit B Burger King Remodel (PLNG21-024) Project Plans

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PROJECT PLANS

See next page

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Exhibit C Burger King Remodel (PLNG21-024) Project Conditions of Approval

Zoning Administrator Resolution – ZA-Resolution 2021-XX| September 13, 2021 Burger King Remodel (PLNG21-024) Page 14 of 17

Conditions of Approval Timing / Implementation

Enforcement/ Monitoring

Verification (date and Signature)

ON-GOING 1. Development and operation of the proposed Project shall be consistent with

the Project Description and Project Plans as provided in Exhibits A and B, incorporated herein by this reference. Deviations from the approved plans shall be reviewed by the City for substantial compliance and may require amendment by the appropriate hearing body.

On-Going Planning

2. This action does not relieve the Applicant of the obligation to comply with all applicable federal, state, and local ordinances, statutes, regulations, and procedures.

On-Going Planning

3. The Applicant/Owner or Successors in Interest (hereinafter referred to as the “Applicant”) shall indemnify, protect, defend, and hold harmless the City, its officers, officials, agents, employees, and volunteers from and against any and all claims, damages, demands, liability, costs, losses or expenses including without limitation court costs, reasonable attorney’s fees and expert witness fees arising out of this Project including challenging the validity of this application/permit or any environmental or other documentation related to approval of this Application.

On-Going Planning

4. As to any fee, dedication, reservation or exaction established by these conditions of approval that are subject to the Mitigation Fee Act, notice is hereby given pursuant to California Government Code Section 66020(d) that the 90-day period in which you may protest the fees set forth herein has begun to run as of the date of approval of this Project. Other limitations periods may apply. The City reserves all rights.

On-Going Planning

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Exhibit C Burger King Remodel (PLNG21-024) Project Conditionsl of Approval

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Conditions of Approval Timing / Implementation

Enforcement/ Monitoring

Verification (date and Signature)

5. Except as otherwise specified or provided for in the Project plans or in these conditions, the Project shall conform to the development standards and design requirements adopted by the City, specifically including but not limited to the following:

• The Elk Grove Zoning Code (Title 23 of the EGMC) • EGMC Chapter 14.10 (Water Efficient Landscape Requirements) • EGMC Title 16 (Building and Construction) • EGMC Title 22 (Land Development)

On-Going Planning

6. The Applicant shall design and construct all improvements in accordance with the City of Elk Grove Improvement Standards, as further conditioned herein, and to the satisfaction of the City.

Public sewer, water, and other utility infrastructure shall be designed and constructed with the standards of the appropriate utility.

On-Going Planning Engineering

EGWD SASD SMUD PG&E

7. The Applicant shall pay all plan check fees, impact fees, or other costs as required by the City, the Cosumnes Community Services District (CCSD), Sacramento Area Sewer District (SASD), Elk Grove Water District (EGWD), or other agencies or services providers as established by law.

On-Going Planning Engineering

CCSD EGWD SASD

8. Approval of this Project does not relieve the Applicant from the requirements of subsequent permits and approvals, including but not limited to the following as may be applicable:

• Grading Permit and Improvement Plan • Building Permit and Certificate of Occupancy • Requirements of the Sacramento Metropolitan Air Quality

Management District • Fire Department Review for permits and/or occupancy

On-Going Planning Engineering

Building CCSD EGWD SASD

9. Signage is not approved with this Application. Future signs shall be reviewed under a separate Sign Permit application.

On-Going Planning

10. The trash enclosures shall be locked or behind locked areas when not in use and shall be well maintained at all times.

On-Going

Code Enforcement

Planning

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Exhibit C Burger King Remodel (PLNG21-024) Project Conditionsl of Approval

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Conditions of Approval Timing / Implementation

Enforcement/ Monitoring

Verification (date and Signature)

11. SMUD has existing underground 12kV facilities along E. Stockton Boulevard that will need to remain. The Applicant shall be responsible for maintaining all CalOSHA and State of California Public Utilities Commission General Order No. 128 safety clearances during construction and upon building completion. If the required clearances cannot be maintained, the Applicant shall be responsible for the cost of relocation.

On-Going SMUD

12. Any necessary future SMUD facilities located on the Applicant’s property shall require a dedicated SMUD easement. This will be determined prior to SMUD performing work on the Applicant’s property.

On-Going SMUD

13. In the event the Applicant requires the relocation or removal of existing SMUD facilities on the subject property, the Applicant shall coordinate with SMUD. The Applicant shall be responsible for the cost of relocation or removal.

On-Going SMUD

14. SMUD reserves the right to use any portion of its easements on the subject property that it reasonably needs and shall not be responsible for any damages to the developed property within said easement that unreasonably interferes with those needs.

On-Going SMUD

PRIOR TO OR IN CONJUNCTION WITH BUILDING PERMIT SUBMITTAL OR ISSUANCE 15. All rooftop equipment shall be screened from public view. Building Permit Planning

16. A final landscape plan shall be prepared and submitted to the satisfaction of the City pursuant to EGMC Chapter 23.54 (Landscaping). Such plans shall be prepared by a landscape architect registered to practice in the State of California. Changes to approved landscaping or irrigation plans shall not be made without prior written approval of the Development Services Director. The construction/installation of landscape and irrigation improvements shall be accomplished in compliance with the approved plans as a prerequisite to any final approval/clearance of the use or development to which it relates.

Building Permit Planning Engineering

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Exhibit C Burger King Remodel (PLNG21-024) Project Conditionsl of Approval

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Conditions of Approval Timing / Implementation

Enforcement/ Monitoring

Verification (date and Signature)

17. The Applicant shall reconstruct all damaged public improvements along the Project’s frontages, whether or not caused by construction-related activities in accordance with the City’s Standards and to the satisfaction of the City. If pavement replacement is necessary, as determined by the City, the Applicant may be required to grind, overlay, and/or slurry seal the damaged portion(s) in accordance with the City Improvement Standards and to the satisfaction of the City.

Building Permit Engineering

18. The Applicant shall reconstruct any existing ADA compliance improvements adjacent to the Project to meet current standards.

Building Permit Engineering

19. The Applicant shall submit Tenant Improvement Plans for review to the Consumnes Fire Department.

Building Permit CCSD Fire

20. The Applicant shall not place any building foundations within 5-feet of any SMUD trench to maintain adequate trench integrity. The Applicant shall verify specific clearance requirements for other utilities (e.g., Gas, Telephone, etc.).

Building Permit SMUD

21. The Applicant shall comply with SMUD siting requirements (e.g., panel size/location, clearances from SMUD equipment, transformer location, service conductors). Information regarding SMUD siting requirements can be found at: https://www.smud.org/en/Business-Solutions-and-Rebates/Design-and-Construction-Services

Building Permit SMUD

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ATTACHMENT 2

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ATTACHMENT 2 – SITE PHOTOS

Image 1 – Existing Burger King drive-through elevation view

from E. Stockton Boulevard. Image 2 – Existing Burger King front elevation view from the

southeast property line.

Image 3 – Existing Burlington Coat Factory Store within the

Marketplace 99 Shopping Center is situated north of Burger

King.

Image 4 – Existing Chuck E Cheese within the Marketplace 99

Shopping Center is situated west of Burger King.

Image 5 – IHOP Restaurant located to the southwest of Burger

King on the southern side of E. Stockton Boulevard.

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