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<br />CONDITIONS OF APPROVAL <br /> <br />PLN2005-00112 <br />15575 Hesperian Boulevard <br />In-N-Out Burgers (Applicant) <br />Freschi, Maionchi, & Kamena Trust (Property Owners) <br />Wells Fargo Bank as Brunetti Family Trustee (Property Owners) <br /> <br />I. COMPLIANCE WITH APPROVED PLANS <br /> <br />A. The applicant shall comply with Exhibits A through E, attached to the staff report <br />dated March 2, 2006, except as hereinafter modified. (Copies of Exhibits A <br />through E are on file in the Community Development Department, 835 East 14th <br />Street, San Leandro, California). <br /> <br />Exhibit A - Site Plan (Sheet A4) <br />Exhibit B - Elevations (Sheets A8 & A9) <br />Exhibit C - Landscape Plan (Sheet L 1) <br />Exhibit D - Floor Plan (Sheet A5) <br />Exhibit E - Sign Program <br /> <br />B. The applicant and/or property owner shall be responsible for assuring that any <br />successor in interest who assumes responsibility for this zoning approval is <br />informed of its terms and conditions. Construction shall commence within one (1) <br />year following Board of Zoning Adjustments approval and shall be substantially <br />completed one (1) year thereafter. For the purpose of compliance with this <br />condition, commencement of construction shall be defined as the pouring or <br />construction of a substantial portion of the building foundation. <br /> <br />C. These conditions of approval apply only to the area designated as Parcel "C" on <br />Parcel Map 8864, and therefore shall be recorded only against that parcel. <br /> <br />II. PERMITTED USE <br /> <br />A. This conditional use permit and outdoor facilities permit approval is to construct a <br />new In-N-Out fast food restaurant (3,372 square feet) and operate a drive-up <br />facility and outdoor seating area at the northwest comer of Hesperian Boulevard <br />and Lewelling Boulevard. Any change to the site plan or modification of the <br />drive-up facility (including hours of operation) shall be subject to the review of <br />the Community Development Director, who may approve it administratively or <br />direct it to the Board of Zoning Adjustments for a formal public hearing as a <br />modification to the use permit. <br /> <br />B. The hours of the restaurant and drive-up facility shall be restricted to 10:30 a.m. <br />to 1:00 a.m. Sunday through Thursday, and 10:30 a.m. to 1:30 a.m. Friday and <br />Saturday. Any expansion or modification to the hours shall be requested in <br />writing to the Community Development Director, who may approve the request <br />or direct the matter to the Board of Zoning Adjustments. <br />