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CONDITIONS OF APPROVAL <br />PLN2005-00111 <br />15555 East 14`~ Street, Unit 365 <br />Starbucks Corporation (Applicant) and BayFair Development, LLC (Property Owner) <br />I. COMPLIANCE WITH APPROVED PLANS <br />A. The property owner shall comply with Exhibits A through F, attached to the staff <br />report dated November 17, 2005, except as hereinafter modified. (Copies of <br />Exhibits A through F are on file in the Community Development Department, 835 <br />East 14th Street, San Leandro, California). <br />Exhibit A -Site Plan, Striping and Signage (Sheet C1) <br />Exhibit B - Landscape Plan (Sheet L1) <br />Exhibit C -Site Plan (Sheet Al) <br />Exhibit D -Floor Plan (Sheet A2) <br />Exhibit E - Elevations (Sheet A3) <br />Exhibit F - Project Description and "Starbucks Story" (10 pages) <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 />II. PERMITTED USE <br />A. This conditional use permit, site plan review and outdoor facilities permit <br />approval is to construct a new Starbucks cafe (2,054 s.£) and operate adrive-up <br />facility and outdoor seating area in the Bayfair Shopping Center also known as <br />Assessor's Parcel Number 77D-1490-16-12. Any change to the site plan or <br />modification of the drive-up facility (including hours of operation) shall be subject <br />to the review of the Community Development Director, who may approve <br />administratively or direct to the Board of Zoning Adjustments for a formal public <br />hearing as a modification to the use permit. This approval does not include <br />approval of a fast food establishment and is for a cafe use, only. <br />B, The hours of the cafe and drive-up facility shall be restricted to 4:30 a.m. to 11:00 <br />p.m., Monday through Sunday. Any expansion ar modification to the hours shall <br />be requested in writing to the Community Development Director, who may <br />approve the request or direct the matter to the Board of Zoning Adjustments. <br />Further, the noise level emanating from the facility's speaker box shall be limited <br />to 52 decibels (dB) as measured from the site's property line. If complaints are <br />Agreement to Conditions November 17, 2005 <br />PLN2005-001 ll Page 3 of 3 <br />