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Inst 2010382452
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Inst 2010382452
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1/19/2011 2:33:25 PM
Creation date
1/18/2011 12:13:19 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
11/16/2010
Recorded Document Type
Agreement to Conditions
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PERM
Document Relationships
Inst 2007112318
(Amended)
Path:
\City Clerk\City Council\Recorded Documents\2006
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CONDITIONS OF APPROVAL <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 /> COMPLIANCE WITH APPROVED PLANS <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 or technically amended. <br /> (Copies of Exhibits A through E are on file in the Community Development <br /> Department, 835 East 14th Street, San Leandro, California). <br /> Exhibit A — Site Plan (Sheet A4) <br /> Exhibit B — Elevations (Sheets AS & A9) <br /> Exhibit C — Landscape Plan (Sheet L1) <br /> Exhibit D — Floor Plan (Sheet A5) <br /> Exhibit E — Sign Program <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 (I) <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 /> C. These conditions of approval apply only to the area designated as Parcel "B" on <br /> Parcel Map 8864, and therefore shall be recorded only against that parcel. <br /> I1. PERMITTEI) USE <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 corner 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 /> 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 or <br /> direct the matter to the Board of Zoning Adjustments. <br />
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