Fountain Valley City Council
May 7, 2024

#5 Protect Adjacent Neighborhoods:

Objective standards have been drafted for brightness, light and glare, height, and location to ensure neighborhood and district compatibility.

2. The proposed amendment would not be detrimental to the public convenience, health, interest, safety or welfare of the city. The proposed amendments set forth a permitting system whereby any negative impacts on health, safety, and welfare are mitigated though ordinance regulations and permit conditions.

The proposed amendment would include regulations that will help protect the public and surrounding environment. The new standards will include common sign regulations such as height, size, setbacks, and design standards for lighting and illumination. Standards have been included to address brightness, light and glare, and to regulate display messages.

3. The proposed amendment has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the city’s environmental review procedures.

The CA has been reviewed in compliance with the City’s procedures and considered exempt from CEQA as described in Section 2 above.

4. The proposed amendment is internally consistent with other applicable provisions of Title 21. The proposed Code Amendment ensures consistency between the General Plan and Zoning Map land use designations, and the Fountain Valley Municipal Code.

The proposed CA is consistent with the City’s General Plan, Municipal Code, and the FVCSP as described in Section 3 above
SECTION 4:

That Section 2.9.5.W of the FVCSP is hereby amended to read as follows:
“…
FVCSP Section 2.9.5.W
On-premise Freeway Oriented Sign
On-Premise Freeway Oriented Signs shall refer to a digital display and/or non-digital (static copy), freeway-oriented, freestanding sign on private or public property that may advertise the business conducted, services rendered, or goods produced or sold on the property on which the advertising display is placed.

Attachment #1

1. Distribution and Location
a. On-premise Freeway Oriented Sign may only be placed on continuous property when combined has over eleven-hundred (1,100) linear feet of freeway frontage.
b. Only properties involved in the sale of automobiles and recreational vehicles shall be allowed an digital On-premise freeway oriented sign.

2. Operational Requirements.
a. On-premise Freeway Oriented Sign operating criteria:
i. Digital displays shall contain still or static messages or images only, and no part of the sign structure or image being displayed may move or present the appearance or optical illusion of movement, or include flashing, blinking, or traveling lighting, the varying of light intensity, or any other means not providing constant illumination.
ii. Minimum Display Time. Each message shall be displayed for a minimum of (8) seconds.
iii. Sign shall not operate at brightness levels of more than 0.3 footcandles above ambient light, as measured using a footcandle meter, at a distance of 250 ft.
iv. Each sign shall have a light sensing device that will adjust the brightness as ambient light conditions change.
v. Each sign shall have a light sensing device that will adjust the brightness as ambient light conditions change.
b. The digital displays shall be designed and required to freeze the display in one (1) static position, display a full black screen, or turn off, in the event of a malfunction.
c. Walls or screens at the base of the digital displays shall not create a hazard to public safety or provide an attractive nuisance and shall be continually maintained free from graffiti.
d. Digital displays sign shall not be operated so as to constitute a hazard to safe and efficient operation of vehicles on streets or freeways and shall comply with all applicable local, state, and federal laws and regulations. e. No digital display shall simulate or imitate any directional, waring, danger or information sign, or any display likely to be mistaken for any permitted sign intended or likely to be construed as giving warnings to traffic: for example, using such words or phrases as “stop” or “slow down”.
f. No digital display shall involve any red or blinking or intermittent light that may be mistaken for warning or danger signals nor shall its illumination impair the vision of travelers on the adjacent freeway and for roadways.

Attachment #1

g. Mechanical baffles or louver technology shall be incorporated in the design to limit the projection of light from the Light Emitting Diodes (LEDs) from angles not intended for direct view of the sign.
h. Advertisement of products or services sold or provided off-site shall be prohibited.

3. Size
a. No digital display shall have more than one (1) display surface oriented in the same vertical plane.
b. The maximum digital display area on any vertical plane shall be four hundred and ninety (490) square feet; with a maximum height of fourteen (14) feet and maximum width of thirty-five (35) feet per sign face. c. The maximum height of any On-premise Freeway Oriented Sign including non-digital sign faces shall be fifty (50) feet as measured from the bottom of the sign supports at adjacent
d. grade to the highest point of the sign.
e. On-premise Freeway Oriented Signs shall be placed at least five hundred (500) feet from any residential zone or residential use. The measurement shall be from the closest edge of the supporting structure to the closest edge of the closest property line on which a residential use is located.

4. Design
a. All utilities for an On-premise Freeway Oriented Sign shall be underground. b. On-premise Freeway Oriented Sign structures shall be free of any visible bracing, angle iron, guy wires, cable, and/or similar supporting elements. All exposed portions of an On-Premise Freeway Oriented Sign, including backs, sides, structural support members and support poles, shall be screen to the satisfaction of the Community Development Director. c. On-premise Freeway Oriented Signs shall plainly display, and be visible from no less than one hundred (100) feet, the name of the person or company owning and/or maintaining it.
d. On-premise Freeway Oriented Sign shall allow for the one (1) static copy face brand panel/ logo oriented in same vertical plane shall be one hundred (100) square feet maximum; with a maximum height of six (6) feet and maximum width of fifteen (15) feet. Internal illumination is permitted. e. The structure shall incorporate aesthetically pleasing architectural elements to the extent feasible so as to promote compatibility with surrounding properties.

Attachment #1

5. Entitlement:
a. The Sign Committee shall review and approve any application for an Onpremise Freeway Oriented Sign. …..”
SECTION 5
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would subsequently be declared invalid or unconstitutional.

SECTION 6
The City Clerk shall certify to the adoption of this ordinance and cause it to be published as required by law. This ordinance shall become effective thirty (30) days after the date of its adoption.

PASSED, APPROVED AND ADOPTED THIS 7th DAY OF MAY, 2024.

ATTEST:
________________________ ________________________
City Clerk Mayor

APPROVED AS TO FORM

HARPER & BURNS LLP
___________________________
Attorneys for the City
Attachment #1

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
TO: Honorable Mayor and Agenda Date: April 16, 2024
Members of the City Council
SUBJECT: Public Hearing: (1) First Read-Introduction of an Ordinance CA 23-03; to allow freeway oriented signs with a digital display on properties meeting certain criteria in the FVCSP.

Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☒ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☐ Not applicable
EXECUTIVE SUMMARY:

Mike Thompson’s RV Superstore (MTRV), located at 18240 Ward Street, is desirous of placing a 50-foot tall digital sign on the subject property, currently owned by the City of Fountain Valley. The subject property is located in the Workplace Gateway segment of the Fountain Valley Crossings Specific (FVCSP). Currently, digital signs are not permitted in the FVCSP. As such, the applicant is requesting to amend Section 2.9 of the FVCSP allow for a digital on-premise sign in the specific plan area. If approved, the ordinance would allow for properties with at least 1,100 linear feet of freeway frontage and used for vehicle sales to place on-premise freeway oriented signage on their property. At the Planning Commission meeting of November 8, 2023, the Planning Commission voted 3-2 recommending the City Council approve Code Amendment No. 23-03 (Attachment #1). This item was continued from the March 19, 2024 City Council meeting.

DISCUSSION:

The subject property is located in the Workplace Gateway segment of the FVCSP.

Currently, on-premise digital displays are not permitted in the FVCSP. Section 2.9 of the FVCSP is proposed to be amended to allow for digital displays in the specific plan area.

The FVCSP currently allows freeway signage in a limited capacity, permitting freeway monument signs up to 20 feet tall with up to 200 square feet of sign area.

Attachment #2

City Council Action - Code Amendment No. 23-03
April 16, 2024

The proposed Code Amendment (CA) (Attachment #2) would allow for the display of a freeway-oriented sign for any site engaged in vehicle sales located in the Crossings Specific Plan area with 1,100 or more feet of continuous freeway frontage. Subsequent to Planning Commission consideration, Staff slightly amended the ordinance to limit the proposed signage to vehicle sales lots, which is consistent with the original intent.

In the proposed CA, a site must have 1,100 linear feet or more of continuous property shared with the 405 freeway to be eligible for an on-premise freeway oriented sign. The MTRV site is comprised of three (3) properties as shown in Attachment #3. By adding the length of the freeway frontage for both freeway adjacent properties on the MTRV site, the total is 1,130 feet along the 405 Freeway.

The CA will also include objective standards for freeway-oriented signs including operational standards adopted by the Caltrans Outdoor Advertising Division; including but not limited to:
 Maximum display size: four hundred and ninety (490) square feet; with a maximum height of fourteen (14) feet and maximum width of thirty-five (35) feet per sign face  0.3 foot-candle limitation over ambient light levels at 250 feet  8 second hold time per message
 Automatic dimming capabilities
 Louver technology limiting and localizing the angle of visibility  Contact person to respond to any reasonable complaints from the City.

The proposed CA would place the Sign Committee as the responsible body in order to review and approve on-premise freeway oriented signs.

Applicant:

The CA is requested by Mike Thompson’s RV Superstore, in order to advertise their business along the freeway. According to MTRV, with the expansion and redesign of the 405 freeway, their business has lost visibility and many commuters are unaware of the services provided.

While the application before the City Council is to amend the Specific Plan to allow for a digital on-premise sign, MTRV has provided conceptual plans on what such a sign may look like in Attachment #4.

In regards to MTRV, the site is located on an 8.19-acre site along the south side of the I-405 Freeway at 18240 Ward Street. MTRV has leased the property since 2003, when the City of Fountain Valley relocated their corporate yard to the current location at 17200 Mt. Herrmann. Prior to the 405 expansion, MTRV had a freeway monument sign with interchangeable plastic letters as shown below in figure 1:

Attachment #2

City Council Action - Code Amendment No. 23-03
April 16, 2024

Figure 1
Around the end of 2019, the monument sign was demolished in conjunction with the 405- widening project. This sign shown above measured 20 feet tall from the same elevation as the freeway.

Discussion:

For illustrative purposes, George Saelzler with Electra-Vision Advertising Corporation has submitted renderings to illustrate what a proposed digital on-premise sign at the MTRV site would look like in Figure 2 below and in Attachment #4. The proposed sign is a 50 foot-tall structure designed at an angle with the digital display sign at the top. The digital sign measures 14 feet tall by 35 feet for a total of 672 square feet. The proposed sign would have two digital display panels coming together at one end to form a “V” shape, allowing the commercial advertisements to be visible to vehicles traveling in both northbound and southbound directions on I-405 Freeway. A blank panel at the opening of the V-design would ensure that the components are screened from view.

Figure 2
The designer of the proposed MTRV sign, Electra-Vision Advertising Corporation, also designed a similar sign for GIANT RV along the I-5 Freeway in the City of Downey.

Attachment #5 illustrates the 40-foot tall digital sign as seen traveling northbound and southbound on the I-5 Freeway. The GIANT RV location is similar to the MTRV location where the dealership abuts the freeway on the south side and the surrounding topography is fairly level. The proposed MTRV sign in Figure 2 above is 50 feet to the top of the structure; however, the digital sign copy is 39’-5” above grade, almost the same as the GIANT RV sign that is 40 feet tall.

Attachment #2

City Council Action - Code Amendment No. 23-03
April 16, 2024

The digital face of the sign for GIANT RV measures 13 feet tall and 34 feet wide, similar to the MRTV digital sign face that measures 13’-2” tall and 34’-1” wide.

To represent the height of the proposed sign at the MTRV location, a rod with flags at both ends was raised at the proposed location at 40 feet in height. The rod is 34 feet wide to represent the width of the digital sign. The simulation was raised beginning on February 28, 2024 as shown below in Figure 3 and 4 with additional images in Attachment #6.

Figure 3
Northbound
Figure 4
Southbound
Caltrans:

While the City has previously approved two (2) electronic billboards in the FVCSP, this proposed CA will allow for one (1) on-premise sign that is not considered a billboard. An on-premise sign refers to a sign that advertises the goods and services offered on the site. As long as the sign complies with the California Business and Professions Code Section 5272 and California Code of Regulations Section 2243 regarding the advertising display of good or services produced or sold on the property, any permits or approvals from Caltrans are not required. A billboard is a sign that advertises products or services not available at that location and offered off-site.

Attachment #2

City Council Action - Code Amendment No. 23-03
April 16, 2024

ENVIRONMENTAL REVIEW:

The proposed CA is determined to be Categorically Exempt pursuant to Class 1, of the California Environmental Quality Act (CEQA) Guidelines – Class 11 – Section 15311 – Accessory Structures – on-premise signs. Staff consulted with several environmental consultants regarding an Exemption from CEQA for on-premise digital signs and concurred that the proposed CA can be exempt as an on-premise sign. (Attachment #7) ATTORNEY REVIEW:

The Attorney for the City has reviewed the attached Ordinance.

PUBLIC NOTICE:

This item was published in the Orange County Register and public notices were posted at City Hall, Recreation Center, and Fountain Valley Library.

ALTERNATIVES:

1. Introduce the attached Ordinance approving a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approving Code Amendment No. 23-03 that is an amendment to the Fountain Valley Crossings Specific Plan (FVCSP) to allow freeway oriented signs with a digital display on properties meeting certain criteria.

2. Do not select Alternative No. 1 and direct staff to prepare a resolution for denial.

3. Continue the request for additional information.

RECOMMENDED ACTION:

Staff recommends that the City Council select Alternative Number 1:

Prepared by: Matt Jenkins, Senior Planner
Reviewed by: Omar Dadabhoy, Community Development Director Fiscal Review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachments: 1. Planning Commission Resolution No. 23-29

2. City Council Ordinance – Code Amendment

3. Freeway Frontage Map

4. MTRV Plans

5. Giant RV images

6. MTRV size simulations

7. Notice of Exemption
Attachment #2

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
TO: Honorable Mayor and Agenda Date: May 7, 2024
Members of the City Council
SUBJECT: Public Hearing: Appeal of the Planning Commission Decision to Approve Resolution No. 23-32, Denying Precise Plan 576 And Conditional Use Permit 1925 for a 3,850 Square Foot Restaurant With a Double DriveThrough Facility Located in The Village Center Shopping Center at the Northeast Corner of Magnolia Street and Talbert Avenue.

Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☒ Not applicable
EXECUTIVE SUMMARY:

The Planning Commission conducted a public hearing on February 14, 2024 to review Precise Plan (PP) 576 and Conditional Use Permit (CUP) 1925 for a proposed McDonald’s restaurant with a double drive-through in the Village Center shopping center at the northeast corner of Magnolia Street and Talbert Avenue. Subsequent to public testimony, the Planning Commission voted 4 to 1 to deny PP 576 and 1925. Resolution No. 23-32 was brought before the Planning Commission on March 13, 2024, memorializing the Planning Commission’s actions. Design UA filed an appeal of the Planning Commission’s decision on March 20, 2024 (Attachment #1).

Proposal:

Petition submitted by Design UA to construct a new 3,850 square foot building with a double drive-through for a new McDonald’s restaurant located at the northeast corner of Magnolia Street and Talbert Avenue in the Village Center shopping center.

Code Requirement:

Per Fountain Valley Municipal Code (FVMC) Section 21.10.030 Table 2-6, a CUP is required for drive-in and drive-through sales in the C1 – Local Business Zone. Additional

Agenda Item 8
City Council Action - Precise Plan 576 & Conditional Use Permit 1925 May 7, 2024

development standards for drive-through facilities are located in FVMC Section

21.30.030.

Additionally, per FVMC 21.44 a PP is required for any proposed structure in the City, except for those in the R1 zoning district. As the proposed Project is located in the C1 – Local Business Zone, a Precise Plan application was filed by the applicant.

Lastly, per FVMC 21.60, a decision rendered by the Planning Commission may be appealed to the City Council within 10 calendar days following the date the decisions was rendered by the Commission.

Discussion:

UA Designs has proposed to demolish two (2) commercial tenant spaces (Beach Cities Dog Day Care and Hwangs Martial Arts) and construct a new 3,850 square foot building with a double drive-through for a new McDonald’s restaurant at the southeast portion of the Village Center shopping center.

The Village Center shopping center was originally approved through PP 35 in 1964. Then in 2021, the Planning Commission approved the Sprouts Farmers Market (PP 563, CUP 1890, Variance 336, Development Review 21-01) that included minor façade improvements to the shopping center. On March 8, 2023, the Planning Commission approved a new Dutch Bros Coffee establishment with a double drive-through (PP 569 & CUP 1910) located on the west end of the shopping center adjacent to Magnolia Street.

The Dutch Bros. initially experienced extensive queuing lanes for the drive-through portion of the business that extended to the subject site and onto Talbert Avenue. That issue has since ceased and while the business continues to experience high demand, the drive through queue is contained within much smaller area.

The project has met all development standards outlined in the Development Code including site area, setbacks, floor area ratio, parking, building height, and landscaping as depicted on the plans in with the Planning Commission staff report dated February 14, 2024 (Attachment #2).

The Planning Commission initially reviewed the project on December 13, 2023.

Testimony was received from the public, primarily in opposition to the proposed project.

Below is a list of concerns raised by residents and the Planning Commission at the public hearing:
 Traffic
 Exiting onto Talbert Ave with the ability to make a left-hand turn – eastbound at the southeastern most driveway.
 School age kids patronizing the business.
 Food odors from the exhaust system
 Vehicle and speaker noise from the drive-through
 Vehicle exhaust from the drive-through lanes

City Council Action - Precise Plan 576 & Conditional Use Permit 1925 May 7, 2024

 Crime & homelessness
 Delivery truck traffic & idling
 Hours of operation
 Lighting
 Directional signage
 Landscaping at the service alley
At the December 2023 Planning Commission meeting, the applicant requested a continuance in lieu of a vote on the item. The item was continued to allow the applicant to submit additional documents with exhibits addressing issues they feel were of concern to the residents and the Planning Commission that are summarized in Attachment #3 to the February 14, 2024 Staff Report (Attachment #2) included with this report.

The project was brought back to the Planning Commission on February 14, 2024. The plans were revised to reconfigure the front drive-aisle for one-way traffic and to reduce the hours of operation from 24 hours/day to 5:30 a.m. to 11:00 p.m. After listening to public testimony, the Commission voted 4 to 1 to deny PP 576 and CUP 1925. On March 13, 2024, the Planning Commission adopted Resolution No. 23-32 memorializing the Planning Commission’s decision to deny PP 576 and CUP 1925.

APPEAL:

Design UA (Appellant/applicant) has filed an appeal of the Planning Commission’s denial of the project and has listed several major reasons for appeal. A synopsis of the Appellant’s comments is below and the full letter of appeal can be found in Attachment #1:

1. The denial was based on speculation on traffic impacts from a different project.

2. Alternate Planning Commissioner participation at hearing resulted in a continuance to later public hearing date.

3. That the project is consistent with the City’s applicable goals, policies, and standards.

4. Staff recommended approval as detailed in the February 14, 2024 Planning Commission staff report and concluded that no adverse impacts would occur which is reflective in the design of the project and supported by overwhelming substantial evidence as indicated in the odor mitigation memo, an updated traffic/queuing analysis, a photometric study, and a noise study that were submitted to support that no adverse impacts would occur.

The following is Staff’s response regarding the McDonald’s Appeal:

City Council Action - Precise Plan 576 & Conditional Use Permit 1925 May 7, 2024

Response to #1:

The Appellant states that the Planning Commission’s denial was largely premised on unsupported speculation that the increased traffic from the recently opened Dutch Bros drive-through business would last indefinitely and the addition of another drive-through business in the shopping center would significantly impact traffic.

The Planning Commission first reviewed the proposed McDonald’s in December of 2023.

This was months prior to the opening of the Dutch Bros. At the December 13, 2023 meeting, as stated above, several issues were raised by residents and Planning Commissioners regarding the proposed project. The continuance, which was agreed to by the applicant, was provided in order to address the issues raised at the December 13, 2023 meetings.

Response to #2:

The Appellant contends that the participation of the Planning Commission Alternate during the first public hearing held on December 13, 2023, was a violation of the FVMC and may have jeopardized the Appellant’s right to a fair hearing.

The Fountain Valley Planning Commission is made up of five (5) appointed members and one (1) alternate appointed by the City Council that is authorized to serve and vote in place of a regular member of the Commission that is absent. The alternate member, Herman Jack Ajamian, was present at the December 13, 2023 meeting, spoke several times on the item, and expressed several concerns regarding the project.

While the alternate Commissioner is not permitted to vote on any item should there be full attendance from the five (5) appointed members at a public hearing, there is nothing in the FVMC that prohibits the alternate from commenting or participating on an agenda item. While the Appellant states that the Alternate is only authorized to “serve” if any regular member of the Commission is absent (all regular Commissioners were present for the meeting) it has been a long standing policy that the Alternate attend all meetings if their schedule permits and to participate in the discussion of the item. The duties of the alternate are as defined in the FVMC below:

FVMC § 2.76.080 Planning Commission — Created.

There shall be a city planning commission that shall consist of five regular members appointed by the city council in accordance with the provisions of this chapter. The city council may appoint one alternate member who shall attend all meetings of the commission and who is authorized to serve and vote in place of any regular member of the commission who is absent or who disqualifies him or herself from participating on any matter before the commission. The secretary to the planning commission shall be the planning/building director. The planning/building director, the city engineer and the city attorney or their assistants, may meet with and participate in the discussions of the planning commission, but shall not have a vote.

City Council Action - Precise Plan 576 & Conditional Use Permit 1925 May 7, 2024

Additionally, as stated previously, several concerns regarding the project were made by the public and Planning Commissioners. There is no evidence to support the claim that the comments made by then Alternate Commissioner Ajamian improperly prejudiced or swayed the feelings of the regular Commissioners or were a factor in the continuance requested at the December 13, 2023 hearing. The then Commission Chair raised the possibility of a continuance and the applicant agreed to it. There is also no evidence that his comments at the December 13, 2023 hearing were the motivating factor behind the Planning Commission’s ultimate denial of the project on February 14, 2024.

Response to #3:

The third point of appeal brought by the Appellant is that the project is in fact consistent with all applicable City goals, policies, and standards as explained in the February 14, 2024 Planning Commission staff report, where staff recommended approval of the project.

Staff agrees that the project meets all of the applicable development standards for a commercial drive-through establishment. However, the Planning Commission did not agree with Staff’s proposed findings that the project met all of the City’s goals and policies.

Specifically, the Planning Commission determined that the project is not consistent with the General Plan Land Use Policy LU-1.1, which is:

Require that new development is located, scaled, buffered, and designed to minimize negative impacts on existing conforming uses and adjacent neighborhoods. Require that new residential developments are located, scaled, buffered, and designed so as to not hinder the economic viability and continuity of areas planned for nonresidential uses.

While the applicant has shown good faith in their efforts to offset any potential negative impacts to the adjacent neighborhoods, the Planning Commission determined that the proposed project did not meet the threshold set in LU-1.1.

Response to #4:
 Traffic & Queuing:

The Appellant states that the “Planning Commission’s findings cite zero evidence to support the conclusion that the project would increase traffic” and that there is “adequate queuing capacity, and design features ensure no adverse traffic impacts to Talbert Avenue and surrounding streets.”
According to the Appellant, the proposed 3,850 square foot McDonald’s would result in eight (8) fewer trips per day than if the existing 9,279 square foot tenant spaces were re-tenanted with other land uses. The Appellant has indicated in Attachment #2 to the February 14, 2024 Planning Commission staff report (Attachment #2 to this report) that they analyzed the trip generation for a 2,000 square foot fast food with a 7,279 square foot general grocery store would be 816

City Council Action - Precise Plan 576 & Conditional Use Permit 1925 May 7, 2024

trips per day. The proposed McDonald’s is estimated to result in 808 trips per day.

However, the existing business were identified as underperforming and most likely did not reach the number of trips identified in the generalized trip analysis provided by the applicant. In addition, the McDonald’s would be located closer to the Talbert Avenue and any traffic would be more concentrated in that area with more potential to impact the street.

Regarding the queuing lane, the proposed McDonald’s provides room for ten vehicles to queue. However, the study dated September 15, 2023, provided by the applicant, determined an average queue length in the three comparison restaurants of eight vehicles (with the average range of 5 to 11 vehicles). Eight vehicles, as stated, is the average. The peak vehicles queues for the comparison restaurants were 11, 13 and 13 in the AM peak times and 12, 15, 10, respectively, in the PM peak. All except one of the peak comparison times would exceed the queue, encroach into the parking lot, and potentially impact access.  Noise:

According to the Appellant, “with the identified design modifications, the project simply will not generate noise that could impact nearby residents.” The project proposes a number of improvements to assist in reducing potential noise impacts including the ability to adjust the speakers to reduce the decibel levels generated and the inclusion of the six-foot block wall between the drive through lane and the residences. What was not included in the study, and is of concern to residents, is the noise generated by restaurant customers. This includes noise from customers talking in the parking lot, customers talking inside their cars while in the drive through and noise generated by customer radios while listening to music, etc. while in the drive through lane.
 Food Smells:

According to the Appellant, “the denial finding regarding ‘food smells; are completely unsupported. The restaurant would emit exhaust including from cooking; however, McDonald’s has proposed a state-of-the art filtering, venting and exhaust system to ensure odors are minimal. While the applicant has provided a number of measures to greatly reduce the risk of odors, the Planning Commission was concerned with the amount of odor that cannot be mitigated and that would negatively impact surrounding residents.

In their response, the Appellant refers to the memo provided regarding food smells as the “Odor Mitigation Memo” and also refers to existing restaurants in the shopping center. This may raise concerns regarding the proposed categorical exemption as part of the original resolution of approval for the project. (Section 15303 – New Construction or Conversion of Small Structures). If there are mitigation measures required for the proposed project and there are existing

City Council Action - Precise Plan 576 & Conditional Use Permit 1925 May 7, 2024

conditions, which may be exacerbated by the subject business, a Mitigated Negative Declaration (MND) may be required per CEQA.
 Lighting:

Additional site lighting was referenced as one of the potential items that could potentially cause adverse impacts to the adjacent properties. The applicant has provided a photometric plan showing zero light impact to the adjacent residential properties to the east. Additionally, staff originally provided a standard condition of approval that any additional lighting would require a new photometric study performed.
 Delivery Trucks:

The findings in the denial resolution indicated that there would be a potential for an increase in the number of delivery trucks associated with the business. The Appellant is refuting this finding and estimates McDonald’s to receive deliveries 2-3 times per week from 30-45 minutes. They claim this is less than the adjacent Sprouts grocery store and would not be impactful. While McDonald’s might not have a high frequency in terms of deliveries, they most likely will receive more deliveries than the previous uses (Beach Cities Dog Day Care and Hwangs Martial Arts) on a weekly basis. Deliveries and idling trucks have historically been an issue with this shopping center and specifically in this location with previous tenants at the Beach Cities Dog Day Care location.

ENVIRONMENTAL REVIEW:

The California Environmental Quality Act (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.” The proposed project is considered a project under CEQA.

The proposed project has been reviewed in compliance with the provisions of the CEQA and the city’s environmental review procedures and can be determined categorically exempt pursuant to Class 3 (Section 15303 – New Construction or Conversion of Small Structures) of the CEQA Guidelines.

Class 3 consist of construction of new structures including not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances, where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive. The proposed building and use do not include a significant amount of hazardous substances, all public services and facilities are available to the site, and the surrounding area is not environmentally sensitive.

City Council Action - Precise Plan 576 & Conditional Use Permit 1925 May 7, 2024

FINANCIAL ANALYSIS:

The applicant has paid the appeal fee of $2,655.00 as required by the City’s 2023-24 Fee Schedule.

ATTORNEY REVIEW:

The Attorney for the City has reviewed the attached Resolution.

PUBLIC NOTICE:

This item was published in the Fountain Valley View and public notices were posted at City Hall, Recreation Center, and Fountain Valley Library.

APPEAL OPTIONS:

The appeal hearing shall be considered a hearing de novo and the review authority may consider any issue(s) associated with the appeal, in addition to the specific grounds for the appeal.

The City Council should conduct a public hearing, consider all oral and written testimony received during the hearing and, following closure of the hearing and deliberations, take one of the following actions pursuant to FVMC Section 21.60.050(f):
(A) By resolution, affirm, affirm in part or reverse the action, the determination, or decision that is the subject of the appeal;
(B) Adopt additional conditions of approval deemed reasonable and necessary, and may even address issues or concerns that go beyond the subject of the appeal; or (C) Disapprove the land use entitlement approved by the previous review authority, even though the appellant only requested a modification or elimination of one or more conditions of approval.
(2) If new or different evidence is presented on appeal, the commission or council, may, but shall not be required to, refer the matter to the director or commission, as applicable, for further consideration.

Per FVMC Section 21.60.050(g), when reviewing an appeal, the review authority shall adopt findings in support of the intended action on the appeal. The nature of the findings shall be in compliance with the findings adopted by the original review authority (e.g., Conditional Use Permit—Chapter 21.36, Precise Plan of Design—Chapter 21.44, Variance—Chapter 21.50, etc.).

ALTERNATIVES:

Alternative No. 1: Conduct a public hearing; affirm the Planning Commission’s denial of Precise Plan 576 and Conditional Use Permit 1925, and direct staff to prepare a confirming resolution.

City Council Action - Precise Plan 576 & Conditional Use Permit 1925 May 7, 2024

Alternative No. 2: Conduct a public hearing, overturn the Planning Commission’s denial of Precise Plan 576 and Conditional Use Permit 1924, and approve Precise Plan 576 and Conditional Use Permit 1925, and direct staff to prepare subject a confirming resolution.

Alternative No. 3: If new or different evidence is presented on appeal, the City Council may refer the matter back to the Planning Commission for further consideration.

Alternative No. 4: Continue the item for additional information.

RECOMMENDED ACTION:

Pleasure of the City Council.

Prepared by: Matt Jenkins, Senior Planner
Reviewed by: Omar Dadabhoy, Community Development Director Fiscal Review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachments: 1. Letter of Appeal dated March 20, 2024

2. February 14, 2024 Planning Commission Staff Report with Attachments

www.coxcastle.com Los Angeles | Orange County | San Francisco Cox, Castle & Nicholson LLP
3121 Michelson Drive, Suite 200
Irvine, California 92612-5678
P: 949.260.4600 F: 949.260.4699
Sean Matsler
949.260.4652
[email protected]
March 20, 2024
VIA EMAIL [[email protected]]
Mayor Grandis and Members of the City Council
City of Fountain Valley
Fountain Valley City Hall
10200 Slater Avenue
Fountain Valley, CA 92708
Re: Appeal of Planning Commission’s Denial of McDonald’s (Precise Plan No. 576 & Conditional Use Permit No. 1925) Honorable Mayor Grandis Members of the City Council:

This Firm represents the McDonald’s Corporation (McDonald’s) in connection with its proposed 3,850 square foot drive-through restaurant in the Village Shopping Center (Precise Plan No. 576 & Conditional Use Permit No. 1925). The City’s Planning Commission denied the project on March 13, 2024, reversing Community Development staff’s thorough and wellsupported recommendation for approval. For the reasons outlined below, McDonald’s formally appeals the Planning Commission’s denial, which denial (1) ignored overwhelming evidence that the project is consistent with the City’s applicable goals, policies, and standards; (2) was overwhelmingly based on speculation about traffic impacts from a different project; and (3) lacked substantial evidence to support the findings for denial. The Planning Commission’s consideration of the project was also procedurally irregular, as the City Council’s designated alternate member actively participated in questioning and deliberations, a violation of the Fountain Valley Municipal Code ("FVMC”). (FVMC § 2.76.080.) McDonald’s respectfully requests that the City Council provide a fair, thoughtful review that considers the merits of the project and acknowledges the thorough staff work that went into its approval recommendation. (FVMC § 21.60.050.) Specifically, McDonald’s respectfully requests that the City Council accept the appeal and approve the project consistent with the staff’s February 14, 2024 approval recommendation, including the draft approval findings.

I. Summary of Appeal
McDonald’s request for project approval is based on the following:
a. First, the Planning Commission’s denial was largely premised on unsupported speculation that increased traffic associated with the recently-opened Dutch Bros coffee shop will continue in perpetuity. That finding is inconsistent with the Attachment #1

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Planning Commission’s own previous finding regarding Dutch Bros operation. (Planning Commission March 8, 2023 Staff Report re Dutch Bros Coffee (Exhibit A) [concluding that the maximum queue length at Southern California Dutch Bros was twenty-two (22) vehicles and that the Fountain Valley location had more than adequate capacity to accommodate expected demand].)
That Dutch Bros is experiencing significant, short-term demand is reflective of the fact that it is the first location in Orange County and opened just five (5) days before the Planning Commission’s February 14, 2024 hearing on McDonald’s. It is hardly surprising that demand was initially high. However, that demand will dissipate, consistent with the previous findings of the Planning Commission regarding queuing and traffic at other Dutch Bros locations.

Moreover, because the findings for denial (Resolution No. 23-32) are based primarily on speculation about future traffic, the findings are themselves not supported by substantial evidence. (Topanga Ass’n for a Scenic Community v.

County of Los Angeles (1974) 11 Cal.3d 506, 515 [the record must contain substantial evidence to support findings and the findings must, in turn, support the decision and be sufficiently detailed to “bridge the analytical gap” between raw evidence and the final decision].) The fact that staff’s initial recommendation for approval was itself supported by overwhelming substantial evidence (as discussed below) makes the lack of substantial evidence supporting the Planning Commission’s denial even more striking. The applicant presented substantial evidence supporting approval, while the denial is based on speculation fundamentally inconsistent with prior Planning Commission action. b. Second, the active participation of then-Planning Commission alternate member Herman Jack Ajamian was a violation of the FVMC and improperly prejudiced our client. His participation was particularly concerning not just because it was prohibited by FVMC Section 2.76.080, but because his obvious hostility to the project contributed to it getting continued to February 14, 2023. If Mr. Ajamian had not actively, verbally lobbied against the project, the matter may have been decided in December 2023, months before Dutch Bros opened. A hearing in December 2023 before Dutch Bros opened could have conceivably been decided in line with staff’s recommendation, as is the Planning Commission’s typical practice. Thus, his improper participation was a factor in the delayed consideration of the project until after Dutch Bros opened, the exact condition cited by the Planning Commission as the overwhelming reason for its denial of McDonald’s.

A project proponent is entitled to a procedurally fair review in a quasi-judicial administrative action. (Petrovich Development Company, LLC v. City of Sacramento (2020) 48 Cal.App.5th 963, 972 [court review of a quasi-judicial administrative action extends to questions whether the agency proceeded without, or in excess of Attachment #1

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March 20, 2024

jurisdiction, or whether there was a fair hearing/trial].) Here, Mr. Ajamain’s participation ensured that McDonald’s was not given a procedurally fair hearing. In fact, his active participation and the result – delaying consideration of the project until after Dutch Bros opened – is directly linked to the project’s denial. McDonald’s project was proposed for consideration by the City’s Planning Commission, a five (5) member body. However, because of Mr. Ajamain’s participation, the project was, in reality, considered by a body of six (6) members. This significant procedural impropriety raises a substantive question of bias. (Clark v. City of Hermosa Beach (1996) 48 Cal.App.4th 1152, 1172-1173.)
c. Third, the project is consistent with all applicable City goals, policies, and standards, as explained in the February 14, 2024 Planning Commission staff report, which recommended approval of the project. (February 14, 2024 Planning Commission Staff Report re McDonald’s at p. 4 [“The project will meet all development standards outlined in the Development Code including site area, setbacks, floor area ratio, parking, building height, and landscape…”].) The project’s drive-through is designed consistent with the FVMC and the supporting analysis found appropriate queuing capacity to ensure vehicles do not obstruct right-of-way traffic. With respect to expected traffic, the project is actually anticipated to generate eight (8) fewer two-way trips than commercial/retail tenants occupying the existing to-be-demolished/replaced units.
d. Fourth, the findings of the February 14, 2024 staff report recommending approval of the project are supported by overwhelming substantial evidence, including an odor mitigation memo, an updated traffic/queuing analysis, a photometric study, and a noise study. Moreover, the staff report’s conclusions that no adverse impacts would occur are reflective of the thoughtful design of the project, which was specifically revised to respond to resident concerns about queuing and hours of operation.

McDonald’s proactively revised the project to (1) reorient the drive-aisle to a oneway approach from the west side of the shopping center and (2) modify requested hours down from 24 hours/day to 5:30 AM to 11:00 PM.

II. McDonald’s Appeal
As summarized above, McDonald’s appeals the Planning Commission’s March 13, 2024 denial of the project on multiple bases, each of which is discussed in greater detail below. a. The Planning Commission’s Findings and Justification for Denial Are Not Supported by Substantial Evidence and Are Based on Speculation
The Planning Commission’s findings for denial of the project lack any supporting substantial evidence and are instead based on vague unsubstantiated conclusory statements and speculation. (Topanga Ass’n for a Scenic Community v. County of Los Angeles (1974) 11 Cal.3d 506, 515 [the record must contain substantial evidence to support findings]. Moreover, each of Attachment #1

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March 20, 2024

the conclusory denial findings are directly contradicted by substantial evidence already in the record, as presented to the Planning Commission as part of staff’s initial recommendation for approval.

Rejecting staff’s recommendation and ignoring evidence supporting approval, the Planning Commission found that the project could not be approved because it would increase traffic, noise, food smells, lighting, and idling of delivery trucks. (Resolution No. 23-32 Section 3, Finding 3 [“increase in traffic, noise, food smells, building and site lighting and idling of delivery trucks not currently present with the martial arts school and dog day care facility”], Section 3, Finding 1a [“include additional traffic exiting onto Talbert Avenue, additional food smells emanating from the restaurant, exterior building and site lighting, and an increased frequency of idling delivery vehicles”].) However, as discussed below, the substantial evidence in the record actually supports contrary findings: that the project is consistent with all applicable goals, policies, and standards and that the project would not result in adverse impacts from traffic, noise, food smells, lighting and/or idling of delivery trucks.

1. Traffic and Queuing
The Planning Commission’s findings conclude that that the project would increase traffic and, therefore, result in impacts to adjacent properties. Because of the project’s traffic, the requisite findings could not be made. (Resolution No. 23-32, Section 2, Finding 1.a [adding another drive-through use to the shopping center “will only further increase customer traffic…”], Finding 1.b [the project “would further create additional traffic and pedestrian hazards…”], Finding 3.a [project would cause “an increase in customer traffic throughout the day.”].) The Planning Commission’s findings cite zero evidence to support the conclusion that the project would increase traffic. That lack of evidence is alone a violation, as findings must be supported by substantial evidence. Here, however, the Planning Commission’s lack of evidence is even more egregious given there is clear, convincing, and substantial evidence that the project would actually result in eight (8) fewer trips than retail/commercial establishments in the existing 9,279 square foot building. (Urban Crossroads Queuing Analysis and Traffic Memo, Attachment 2 to February 14, 2024 Planning Commission Staff Report [the proposed 3,850 square foot restaurant would generate eight fewer two-way trips per day as compared to commercial/retail tenants].) Thus, the conclusion that the project would increase traffic is simply unfounded.

There is also adequate queuing capacity, and design features ensure no adverse traffic impacts to Talbert Avenue or surrounding streets. The project’s queuing analysis shows that the drive-through lanes measure 173 and 189 feet, respectively, which exceeds the 150-foot minimum required by the FVMC. (Urban Crossroads Queuing Analysis and Traffic Memo, Attachment 2 to February 14, 2024 Planning Commission Staff Report; FVMC § 21.30.030(d).) All other components of the drive-through design meet or exceed applicable FVMC standards.

Also, as demonstrated by the Queuing Analysis and Traffic Memo, the project was designed to ensure appropriate queuing capacity to support expected vehicles during peak condition.

Attachment #1

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(Planning Commission March 8, 2023 Staff Report re Dutch Bros Coffee at p. 60 [concluding that the maximum queue length at Southern California Dutch Bros was twenty-two (22) vehicles and that the Fountain Valley location had more than adequate capacity to accommodate expected demand].)
Even though substantial evidence demonstrates that the project would not have traffic or queuing issues, the Planning Commission nevertheless denied it based on its purported traffic impacts. The conditions cited as traffic impacts, however, are (1) not associated with the project and (2) not reflective of expected long-term conditions. The Planning Commission found, for instance, that shopping center traffic increased significantly in February 2024 with the opening of the double drive-through Dutch Bros. (Resolution No. 23-32, Section 2, Finding 1.a [“a new double drive-through facility for Dutch Bros Coffee opened adding a significant increase to customer traffic in the shopping center…”].) There is limited truth to that statement: Dutch Bros opening did increase traffic to the shopping center, but such traffic increase is only expected to be short-term, as reflected in the Planning Commission’s own findings approving the Magnolia Street/Talbert Avenue Dutch Bros (and the substantial evidence supporting those findings). (Planning Commission March 8, 2023 Staff Report re Dutch Bros Coffee at p. 59 [Dutch Bros trip generation was anticipated to generate 14 new trips during the AM peak hour, 6 new trips during the PM peak hour, and 86 new trips daily].) The Dutch Bros findings likewise concluded that queuing capacity was appropriate and the expected maximum queuing would be twenty-two (22) vehicles. (Id.)
The “honeymoon” patronage of Dutch Bros and associated vehicular trips is not reflective of long-term conditions, as recognized by the Planning Commission’s prior findings not only for the shopping center location but also Dutch Bros 9065 Warner Avenue project. (April 12, 2023 Planning Commission Staff Report re Dutch Bros Coffee CA5503 (Exhibit B) at p. 6 [Warner Avenue project anticipated to generate 14 new trips during the morning peak, six new trips during the evening peak, and 86 total daily trips].) Like the City’s findings regarding the shopping center Dutch Bros, the Warner Avenue location’s assumed traffic was based on real-life, long-term trip observations to reflect a realistic condition. (Id.) Therefore, the City has a clear record regarding traffic expectations for Dutch Bros, which are based on substantial evidence. To conclude otherwise now, based on anomaly conditions, and penalize another proposed use would be fundamentally inconsistent and inappropriate.

The short-term increase in traffic associated with Dutch Bros is reflective of the fact that it is the first location in Orange County. However, Dutch Bros is planning on opening multiple Orange County locations, including an additional location in Fountain Valley located approximately one mile from the Magnolia Street location.1 With those additional locations and the inevitable end to the initial “honeymoon” rush, traffic and queuing will certainly disperse and revert to expected levels, like those documented at established locations in Apple Valley, La Quinta, and Indio, the three locations used in the Dutch Bros traffic analyses prepared for the 1 See https://www.ocregister.com/2024/02/23/dutch-bros-reveals-la-habra-location-details/ [Dutch Bros planning to expand to La Habra, La Mirada, and the additional location in Fountain Valley].) Attachment #1

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Fountain Valley locations. (Planning Commission March 8, 2023 Staff Report re Dutch Bros Coffee at p. 59, April 12, 2023 Planning Commission Staff Report re Dutch Bros Coffee CA5503 at p. 22.)
As such, the Planning Commission’s speculation that such conditions would continue was unsupported and contradicts its own prior findings. That alone is an inappropriate basis for denial of the project. However, as discussed above, the Planning Commission made an additional substantive error in attributing traffic impacts to the project notwithstanding substantial evidence to the contrary (e.g., that the project would not increase vehicular trips).

2. Noise
The Planning Commission’s findings assert that the project would result in a significant increase in noise that “has the potential” to disrupt residents. The notion that the project will both definitively cause a “significant” increase in noise that “has” the potential to disrupt residents is itself inconsistent. The conclusion that a project would generate “significant” noise should be made through reference to a specific standard, such as a general plan or municipal code noise threshold, rather than a vague concept of “potential” to create an impact.

Even putting that inconsistency aside, the Planning Commission’s finding is directly contradicted by evidence in the record, which shows that noise from the project at the nearest residential receptor is expected to be approximately 11 dBA. For reference, normal breathing is approximately 10 dBA and the 11 dBA expected from the project at the nearest residential receptor is less than the sound in a library and is one-fifth that of a household refrigerator. The minor noise generated by the proposed project is insignificant compared to noise from existing sources, including Talbert Avenue, and would not cause a noticeable increase in noise at such receptors. The Fountain Valley General Plan (“General Plan”) Noise Element, for instance, notes that the 65 CNEL noise contour from “existing” (1995) traffic on the Talbert Avenue segment between Magnolia Street and Bushard Street extended approximately 114 feet from the right-ofway, which includes the residential receptors nearest to the project site. (General Plan Noise Element, Table 7-5.) The City’s General Plan Draft EIR confirms the noise contours from traffic on Talbert Avenue at the nearest receptors exceed 65 dBA. (General Plan Draft EIR, Figure 5.9-

2.) Thus, existing noise from Talbert Avenue at these residences far exceeds the project’s expected noise and an approximately 11 dBA increase in noise would be almost imperceptible.

The low level of noise emanating from the project is directly related to the significant project features incorporated by McDonald’s to ensure no adverse noise impacts would result, and is reflective of McDonald’s conscientious design. First, although an existing six-foot CMU wall separates the shopping center from adjacent residences, the project proposes to construct an additional wall along the drive-through as a noise barrier. The wall will total 74 feet long and will be constructed in staggered heights to maximize noise attenuation from project operations.2 2 Further showing the inappropriateness of the Planning Commission’s findings, the findings conclude that the proposed project would interfere with nearby residences because the “development is 45 feet from the rear property Attachment #1

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March 20, 2024

Second, hearing concerns from area residents, McDonald’s agreed to modify the requested hours down from 24 hours/day to 5:30 AM to 11:00 PM.

With the identified design modifications, the project simply will not generate noise that could impact nearby residences. The Planning Commission’s denial findings reach the alternative conclusion, although not based on any evidence whatsoever.

3. Food Smells
The Planning Commission’s findings conclude that “food smells” – as a generic term – create potential inconsistencies with applicable goals, policies, and standards, and existing surrounding uses. (Resolution No. 23-32, Section 2, Finding 3.a [food smells emanating from the proposed restaurant use would be “detrimental” to the single-family homes to the east].) Again, the denial findings regarding “food smells” are completely unsupported. The restaurant would emit exhaust, including from cooking, however, McDonald’s proposed a stateof-the art filtering, venting, and exhaust system to ensure odors would be minimal. The Odor Mitigation Memo provided by the applicant explains the details of the system and supports its effectiveness:
i. Upblast Exhaust Fans: McDonald’s uses a custom exhaust fan which channels exhaust vertically to elevate exhaust particles high into the atmosphere. ii. Cascade High Efficiency Filters: These high-efficiency filters are tested to be approximately 270% more effective at extract particles from the exhaust than standard filters.
iii. UV-C System: The exhaust system uses a UV-C light to combine with ozone to react with grease/fats to produce carbon dioxide, water vapor, and polymerized grease (dust). The UV-C system is estimated to provide an approximately 90% odor reduction compared to a standard system without a UV-C light.

Condition No. 31, as proposed in the draft findings for approval, would ensure the odor elimination system is installed and functions to eliminate odors. It requires installation of the system and certification from an odor control mechanical engineer. To further ensure no external odor issues, the Community Development Director may require additional odor attenuation measures if there are substantiated odor complaints from residents or businesses. line and backyards of two (2) single-family homes and separated by a 6-foot wall.” (Resolution No. 23-32, Section 2, Finding 1.b [emphasis added].) That finding is not reflective of the proposed project, which includes the construction of a second CMU wall between the project and those residences. The Planning Commission simply ignored that project feature when denying the project, calling into question the “project” the Planning Commission was considering when making the denial findings.

Attachment #1

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March 20, 2024

Also, it should be noted that the shopping center itself has multiple restaurants, including Subway, Bon Tofu & Grill, Ameci Pizza & Pasta, Union Jack Fish & Chips, and Mai Thai Restaurant. All of the restaurants are adjacent to residential uses and the latter restaurant, Mai Thai Restaurant, is located within 225 feet of the residents closest to the proposed McDonald’s.

Thus, the existing shopping center has multiple restaurants, each of which emit “food smells” common to restaurants (likely with a less sophisticated odor elimination system). The McDonald’s project would add a restaurant to the shopping center, but it would include installation of a state-of-the art filtration system that would ensure elimination of odors to the maximum extent possible.

City staff’s original recommendation to approve the project reflected all of the facts above, which constitute substantial evidence that no odor impact would occur. When denying the project, the Planning Commission ignored the substantial evidence present in the record and, instead, denied the project on vague, unfounded notions of odor impacts. For that reason, the denial findings are not supported by any substantial evidence and are not sufficiently detailed to “bridge the analytical gap” between raw evidence and the final decision. (Topanga Ass’n for a Scenic Community, supra, 11 Cal.3d at 515.)

4. Lighting
The Planning Commission’s findings conclude, without any evidence, that “site lighting” associated with the project would create inconsistencies with residential uses. It is true that the project would include outdoor lighting, but the notion that it would impact residents is completely incorrect.

First, there is existing site lighting at the project site, associated with the current commercial building and Resolution No. 23-32’s assertion to the contrary is incorrect. (Resolution No. 23-32, Section 3, Finding 2 [the project would “bring … building and site lighting … not currently present with the martial arts school and dog day care facility”] [emphasis added].) That lighting is oriented toward the alley between the existing building and adjacent residences. There is actually exterior lighting all along the eastern edge of the shopping center buildings, illuminating the back alley for deliveries and other access. The implication that the project would introduce otherwise non-existent lighting and would result in a land use conflict is, therefore, fundamentally wrong.

Second, as to McDonald’s, a photometric study demonstrates that light spill will not impact residences. The photometric study is included as Exhibit 4 to Attachment 2 to the February 14, 2024 staff report. In fact, with the proposed CMU wall, light levels at the edge of the development footprint (not extending into the existing alley) would be a maximum of 1.6 lumens. That light level drops to 0.0 lumens at the adjacent residences. Condition No. 19, as proposed by staff in its recommended approval resolution, requires a new photometric study prior to certificate of occupancy to verify consistency with approved plans. (February 14, 2024 Planning Commission Staff Report at p. 185.) It also provides that no additional external lighting Attachment #1

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March 20, 2024

may be added unless a photometric study concludes the added lighting will have zero light spill impacts on adjacent properties.

Thus, the project, as designed, would ensure that no light spillage impacts would occur at residences. The Planning Commission’s vague, generalized conclusions otherwise are entirely unsupported.

5. Delivery Trucks
The findings for denial conclude that delivery trucks and delivery truck idling associated with the project are inconsistent with surrounding uses. That conclusion ignores the fact that the project is proposed at an existing shopping center that includes an existing grocery store.

McDonald’s is estimated to require deliveries 2-3 times per week, with truck onsite for only 30- 45 minutes. (February 14, 2024 Planning Commission Staff Report at p. 60.) The existing grocery store (Sprouts) generates a much greater volume of delivery trucks. McDonald’s has committed to coordinate delivery schedules with Sprouts to ensure alley traffic is effectively managed.

City staff’s recommended conditions of approval included Condition No. 46, which prohibited heavy-duty delivery trucks from idling their engine for more than five (5) minutes near the rear and side of the building. (February 14, 2024 Planning Commission Staff Report at p. 188.) To ensure that condition is implemented, Condition No. 47 works in tandem and permits the Community Development Director to prohibit deliveries until such time that measures can be implemented to ensure the five (5) minute maximum is achieved. (Id.) The denial finding’s premise that idling delivery trucks would impact adjacent residences is directly contradicted by the substantial evidence in the record (and identified above). Because of the expected frequency of delivery trucks (2-3 times a week) and the maximum idling time (five minutes), truck idling would occur for approximately 15 minutes each week. That is far less than delivery trucks associated with other existing uses and constitutes an immaterial increase in truck deliveries/idling from existing conditions. The Planning Commission’s findings for denial are simply unsupported and lack any basis in substantial evidence. b. Planning Commission Alternate Member Herman Jack Ajamian’s Participation Resulted in an Unfair Hearing
Pursuant to the FVMC, a project proponent is entitled to a fair hearing before a fivemember Planning Commission. (FVMC Section 2.76.080.) McDonald’s was not afforded that right. Instead, because of the active participation of then-Planning Commission alternate member Herman Jack Ajamian, McDonald’s Planning Commission panel was comprised of six (6) members. His participation was particularly concerning not just because it was expressly prohibited by FVMC Section 2.76.080, but because his obvious hostility to the project contributed to it getting continued to February 14, 2023.

Attachment #1

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March 20, 2024

FVMC Section 2.76.080 states that the Planning Commission:
“…shall consist of five regular members appointed by the city council in accordance with the provisions of this chapter. The city council may appoint one alternate member who shall attend all meeting of the commission and who is authorized to serve and vote in place of any regular member of the commission who is absent or who disqualifies him or herself from participating on any matter before the commission.”
Section 2.76.080 is plain and unambiguous – an alternate member may only “serve” as a Planning Commissioner if one of the regular commissioners is absent or disqualified. The term “serve” clearly means not just voting, but actively participating in discussions as would a regular member of the Planning Commission. (FVMC § 2.76.080 [an alternate is authorized “to serve and vote in place of any regular member”] [emphasis added].) Therefore, Mr. Ajamian’s participation was a violation of the FVMC, made even more glaring given his vocal lobbying against the project. Without any direction to stop or cease his comments from the City Attorney, Mr. Ajamian offered the following questions and opinions regarding the project:
 “…how does this co-existing with the Dutch Bros, the Chevron, the ATM … the Bank of America ATM?”
 “…my biggest concern, as I stated earlier, is umm the coexistence of the Dutch Bros and McDonald’s.”
 He said without any evidence that “Dutch Bros is “geared somewhat towards kids, you know high-school students … McDonald’s is somewhat as well and I just think that the amount of vehicular traffic going in out of the center … I have a concern about what could potentially happen….”
His final comment summarized his opinion succinctly – “I am not 100% on-board with McDonald’s here….” However, though he is entitled to his opinion, he was not entitled to voice it on December 13, 2023, as he was not serving as a Planning Commissioner under the clear direction of FVMC Section 2.76.080. That alone calls into question the fairness of the hearing provided to McDonald’s.

The improper effect of his participation is even more evident considering that Mr.

Ajamian’s comments contributed to the continuance of the project until February 14, 2024. Thus, his improper participation was a factor in the delayed consideration of the project until after Dutch Bros opened, the exact condition cited by the Planning Commission as the overwhelming reason for its denial of McDonald’s. To that end, Mr. Ajamian’s inappropriate participation contributed directly to the project’s denial. (Petrovich Development Company, LLC, supra, 48 Attachment #1

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March 20, 2024

Cal.App.5th at 972 [a project proponent is entitled to a procedurally fair review in a quasijudicial administrative action].) Mr. Ajamain’s participation ensured that McDonald’s was not given a procedurally fair hearing. This significant procedural impropriety raises a substantive question of bias against the project. (Clark, supra, 48 Cal.App.4th at 1172-1173.)
Like any applicant for a discretionary approval, McDonald’s requests a procedurally and substantively fair where all relevant evidence is considered. If provided that, McDonald’s is confident the City Council will find that overwhelming substantial, factual evidence supports the approval of the project, consistent with staff’s initial recommendation. McDonald’s prides itself on being a good neighborhood partner, and this location is no exception. It was selected not just because it is an excellent location to establish a fast-food restaurant, but because it accommodates a design that is sensitive to surrounding uses. The multiple technical studies provided by McDonald’s, as included in the February 14, 2024 staff report and referenced in staff’s recommendation and findings, demonstrate how substantial evidence shows that this project will (1) meet all applicable goals, policies, and standards, and (2) ensure no adverse impacts to adjacent uses.

I appreciate your time and attention to this matter. I respectfully request that you grant McDonald’s appeal and approve the project consistent with City staff’s February 14, 2024 recommendation.

Sincerely,
Sean Matsler
of COX, CASTLE & NICHOLSON LLP
Attachment #1

EXHIBIT A
Attachment #1

Request for
Planning Commission Action
TO: Planning Commission DATE: March 8, 2023
FROM: Matt Jenkins, Senior Planner
SUBJECT: Dutch Bros Coffee CA5501 – Precise Plan No. 569 & Conditional Use Permit No. 1910
Location: NE Corner of Magnolia Street and Talbert Avenue Zoning: C1 – Local Business
General Plan: General Commercial
Project Applicant: Kimberly Raden
Armet Davis Newlove & Associates
1330 Olympic Blvd.

Santa Monica, CA 90404
Property Owner: Paragon Commercial Group
133 Penn Street
El Segundo, CA 90245
Proposal:

Petition submitted by Kimberly Raden to construct a new 950 square foot building with a double drive-through for a new Dutch Bros coffee establishment located at the northeast corner of Magnolia Street and Talbert Avenue in the Village Center shopping center (Attachment #1).

Code Requirement:

Per Fountain Valley Municipal Code (FVMC) Section 21.10.030 Table 2-6, a Conditional Use Permit (CUP) is required for drive-in and drive-through sales in the C1-Local Business zone. Additional development standards for drive-through facilities are located in FVMC Section 21.30.030.

Additionally, per FVMC 21.44 a Precise Plan (PP) shall be required for any proposed structure in the city, except for those in the R1 zoning district. As the proposed Project is located in the C1 – Local Business Zone, the applicant has applied for a Precise Plan.

Attachment #1

Planning Commission Action – PP 569 & CUP 1910
March 8, 2023

Existing Shopping Center:

The Village Center was originally approved through PP No. 35 in 1964. In 2021, the Planning Commission approved the Sprouts Farmers Market (PP 563, CUP 1890, Variance 336, Development Review 21-01) that included a minor façade improvements to the shopping center.

Discussion:

The applicant is seeking approval for the construction of a 950 square foot building with a double drive-through for a Dutch Bros coffee establishment located at the northeast corner of Magnolia Street and Talbert Avenue in the Village Center shopping center. The proposed building will be located adjacent to Magnolia Street, south of the Subway building and north of the Chevron gas station. The proposed facility will serve up to 20 vehicles in the drivethrough que and walk-up customers from the outside. No outdoor seating is proposed for the project (Attachment #2).

Precise Plan 569:

The project area where the Dutch Bros site will be constructed is approximately 31,025 square feet in size and is currently developed as a parking lot for the shopping center. The project will meet all development standards outlined in the Development Code including site area, setbacks, floor area ratio, parking, building height, and landscaping. The architecture of the proposed building consists of mostly of cement plaster in gray tones with a veneer ascent applied at the base to provide an appealing design. The building’s storefront will consist of a fiber cement siding in the official blue color of Dutch Bros (Attachment #3).

Development Feature Required Project Site Proposed
Minimum Site Area 10,000 sq. ft. Approx. 31,025 sq. ft.

Minimum Front Setback (West) 20 ft. 21’-9” ft. to Magnolia Street Minimum Side Setback (North)
10 ft.
340 ft. (building to residential property line to the
north)
165 ft. to drive aisle
Minimum Side Setback (South) 10 ft. 40 ft. to drive aisle Minimum Rear Setback (East)
20 ft. to residential 490 ft. from the residential property line to the east
Floor Area Ratio .5 FAR max .03 FAR
Parking
4 435 on-site parking spaces provided – shared
with Village Center
Building Height 50 ft. 24 ft.

Landscape Requirement 15% of site – Approx. 4,654 sq. ft. Approx. - 19% - 6,117 sf Landscape Setback Along Streets 15 ft. 15 ft.

Attachment #1

Planning Commission Action – PP 569 & CUP 1910
March 8, 2023

Drive-through Queue:

Drive-through facilities are often designed to take into account the amount of vehicles waiting in the queue before arriving at the menu/ordering board. Pursuant to FVMC 21.30.030(6), each drive-through facility must provide sufficient space to accommodate four (4) waiting vehicles. The applicant submitted a Queuing Analysis and Trip Generation study (Attachment #4) to evaluate the drive-through lane.

The proposed drive-through lane wraps around the building to provide a queueing capacity of twenty (20). The study collected data from three other Dutch Bros drive-through facilities in southern California. The study found that a maximum queue length observed was 22 vehicles at a location in Apple Valley, from 11:30 to 11:35 am, and 1:05 pm to 1:10pm. The proposed site, with a capacity to accommodate twenty (20) vehicles in the drive-through lane, should provide enough room for the expected demand. Should the drive-through queue exceed 20 vehicles, stacking would occur at the interior of the property, in the parking area to the north, which will not block the public right-of-way or any driveway access points along Magnolia Street.

The project’s trip generation was based on the land use rate of a coffee/donut shop with drive-through window as listed in the ITE Trip Generation manual. As this facility is typically not considered a destination stop, it is called a pass-by trip, in which the stop is not a new trip but one that already exists. Therefore, including the pass-by trip rates in the analysis for the new facility the project is anticipated to generate 14 net new trips during the am peak hour and 6 net new trips in the pm peak hour, for a total of 86 net new daily trips. Public Works Department has reviewed the traffic study analyzing the vehicle circulation and queuing and has no concerns with the proposed layout.

Parking:

The Village Center shopping center received parking lot upgrades under the Sprouts Farmers Market project and had 478 on-site parking spaces. At that time, the parking demand calculated under the zoning code requirements was 459 spaces. Since that time, the City has approved several reductions in the required parking for commercial businesses and drive-through facilities.

Under the recently adopted code requirements for drive-through parking, the Dutch Bros drive-through facility requires four (4) parking spaces for the 950 square foot building, where 50% of the vehciles spaces may be credited towards meeting the required parking. Since there are 20 vehicle spaces in the que lanes, the project exceeds the required parking based on the smaller building size. Using the new parking ratios to calculate the shopping centers required parking, the total required parking for the shopping center is 331 parking spaces, and 435 spaces are provided, thus leaving a surplus of 104 spaces. As indicated in the applications description letter (Attachment #2), 61 parking spaces will be removed in the Village Center parking lot to construct the Project resulting in a surplus of 43 spaces in the shopping center. The overall reduction in the amount of parking spaces will not cause a parking issue in the shopping center.

Attachment #1

Planning Commission Action – PP 569 & CUP 1910
March 8, 2023

Conditional Use Permit 1910:

Dutch Bros sells hot and cold drinks, including non-coffee options. According to their website, only five non-beverage products are available and include prepackaged baked goods. Dutch Bros plans to operate with 4-6 employees per shift and the drive-through and walk-up window will operate from 5:30 am to 10 pm Sunday through Thursday and 5:30 am to 11:00 pm Friday and Saturday. The project will be located approximately 100 feet from residential across Magnolia Street and 220 feet away from the residential property line to the north.

Based on the popularity of the business, the only negative impact staff foresees is the large que lines during certain times of the day. However, this issue should be contained with the proposed conditions of approval. The adjacent Chevron gas station and convenience store are open 24 hours per day. No issues with the proposed project nor the proposed hours of operation have been raised with the Fountain Valley Police Department.

Conclusion:

The proposed project is consistent with the General Plan and zoning ordinance, complies with applicable development standards, will not negatively impact adjacent residences, and will provide for additional beverage options for the City. Staff also feels that the proposed project meets the requirements for drive-through facilities as set forth in FVMC 21.30.030.

The site is designed to alleviate any concerns regarding traffic, congestion, excessive pavement, litter, noise, and unsightliness. With conditions of approval in Attachment 5, staff supports the request as submitted.

Environmental Clearance:

The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the city’s environmental review procedures and can be determined categorically exempt pursuant to Class 3 (Section 15303 – New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA) Guidelines.

Class 3 consist of construction of new structures including not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances, where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive. The proposed building and use does not include a significant amount of hazardous substances, all public services and facilities are available to the site, and the surrounding area is not environmentally sensitive (Attachment #6).

Notice Furnished:

Public hearing notices were mailed to all property owners and commercial tenants within 500 feet of the subject property. The item was published in the Fountain Valley View and notices were posted at City Hall and the Recreation Center.

Attachment #1

Planning Commission Action – PP 569 & CUP 1910
March 8, 2023

Alternatives:

1. Adopt Resolution No. 23-08 adopting a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approving PP 569 and CUP 1910 for a new Dutch Bros coffee establishment located at the northeast corner of Magnolia Street and Talbert Avenue in the Village Center shopping center.

2. Continue the request and direct staff to prepare a resolution for denial.

3. Continue this request for additional information.

Recommended Action:

Staff recommends that the Planning Commission adopt Alternative #1: Adopt Resolution No. 23-08 adopting a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approving PP 569 and CUP 1910 for a new Dutch Bros coffee establishment located at the northeast corner of Magnolia Street and Talbert Avenue in the Village Center shopping center.

Prepared By: Matt Jenkins, Senior Planner
Reviewed By: Steven Ayers, Principal Planner
Approved By: Omar Dadabhoy, Community Development Director Attachments: 1. Vicinity Map

2. Project Description Letter

3. Site Plan Floor Plan

4. Queuing Analysis

5. Resolution No. 23-08 with Exhibit 1 Conditions of Approval

6. Notice of Exemption

Attachment #1

Vicinity Map
Dutch Bros CA 5501
Precise Plan No. 569
Conditonal Use Permit No. 1910
Village Center
NE Corner of Magnolia Street and Talbert Avenue

Attachment #1

ADN Architects
Armet Davis Newlove & Associates
1330 Olympic Blvd, Santa Monica, CA 90404
Phone: 310-452-5533 x203 Fax: 310-450-4742 Email: [email protected] www.ADNarchitects.com July 25, 2022
City of Fountain Valley
Planning Division
10200 Slater Ave.

Fountain Valley, CA 92708
Re: Justification Letter for the Proposed Dutch Bros Coffee Stand NEC Magnolia St. & Talbert Ave.

Fountain Valley, CA.

APN: 167-013-24
Dear Planning Staff,
Please accept this description as the justification letter to accompany the submittal of the remainder of the required documents for our Conditional Use Permit and Precise Plan Submittal.

This application is for the proposed redevelopment of approximately 31,025 square feet of the existing surface parking hardscape on a portion of a developed lot (APN 167-013-24). The subject parcel is zoned C-1 and is located within the Village Shopping Center. The proposed redevelopment will accommodate the construction of a new 950 sq. ft. Dutch Bros Drive Through Coffee Stand. The proposed use is compatible with all applicable provisions of the Development Code, and therefore the existing zoning and comprehensive plan land use designation. It is also compatible with adjacent land uses (all abutting parcels are within the same zone). Access to the Dutch Bros will be primarily from the West off Magnolia St., as well as cross access from the shopping center to the south and east.

The double drive through has been designed to hold a twenty car stack and its layout does not encumber traffic on the public streets or adjacent access drive aisles sixty-three parking stalls will be removed to accommodate the Dutch Bros development, with two accessible stalls being added, resulting in a total of sizty one stalls removed from the overall shopping center.

The building has been designed to comply with the city’s design guidelines by implementing a mostly neutral color palette, with the exception of the accent tower element which will be “Dutch Bros Blue” and is considered a major recognizable Brand element for Dutch Bros.

The coffee stand will not have public access to the interior. The drive-thru and walk-up window will operate 5:30am - 10pm Sunday through Thursday and 5:30am – 11:00pm Friday through Saturday. The restaurant typically will have 2 deliveries a week. There is anticipated to be 40 to 50 employees with a shift crew size of 4-6 people.

We appreciate the opportunity to submit this proposed development for your review. Please do not hesitate to contact me if you have any questions.

Sincerely,
_______________________________
Paul Deppe AIA, NCARB, CASp
Date: July 25,2022

Attachment #1

COVER SHEET G0.0 DUTCH BROS COFFEE NEW FREESTANDING BUILDING CA 5501 NEC MAGNOLIA ST. & TALBERT AVE FOUNTAIN VALLEY, CA 92708 PROJECT STATISTICS: SCOPE NEW CONSTRUCTION OF A DUTCH BROS COFFEE STAND. THE BUILDING CONSISTS OF (1) DRIVE-THRU WINDOWS AND (1) WALK-UP SERVICE WINDOW WITHOUT INDOOR SEATING. SITE DEVELOPMENT INCLUDES A SMALL PARKING AREA, (2) DRIVE AISLES, AND A TRASH ENCLOSURE. HOURS OF OPERATION: SUN-THURS 5AM - 10PM, FRI-SAT 5AM-11PM. SITE DATA APN: 167-013-24 LEGAL DESCRIPTION: THOSE PORTIONS OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 5 SOUTH, RANGE 10 WEST, IN THE CITY OF FOUNTAIN VALLEY, COUNTY OF ORANGE, STATE OF CALIFORNIA, IN THE RANCHO LAS BOLSAS, AS SAID SECTION IS SHOWN A MAP RECORDED IN BOOK 51, PAGE 12, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 30; THENCE NORTH 0 DEGREES 36' 48" WEST ALONG THE WEST LINE OF SAID SECTION, 682.27 FEET; THENCE NORTH 89 DEGREES 23' 12" EAST PERPENDICULAR TO SAID WEST LINE, 660.00 FEET TO THE WEST LINE OF TRACT NO. 6032, AS SHOWN ON THE MAP OF SAID TRACT, RECORDED IN BOOK 220, PAGES 35, 36 AND 37, MISCELLANEOUS, RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 0 DEGREES 36' 48" EAST, PARALLEL WITH SAID WEST LINE, 652.28 FEET TO THE SOUTH LINE OF SAID SECTION; THENCE SOUTH 86 DEGREES 47' 06" WEST, ALONG SAID SOUTH LINE, 660.58 FEET TO THE POINT OF BEGINNING. ZONING: C-1 CLIMATE ZONE: 3 TOTAL LOT AREA: 31,025 S.F. (0.71 ACRE) PROPOSED BUILDING AREA: 950 SF FAR: .04 PROPOSED LANDSCAPE AREA: 6,428 S.F. (20%) SETBACKS: FRONT: 20' SIDE: 0' REAR: 0' LANDSCAPE BUFFER: 15' ADJACENT TO STREET BUILDING CONSTRUCTION DATA CONSTRUCTION TYPE: V-B AUTOMATIC SPRINKLER SYSTEM: NO PROPOSED BUILDING HEIGHT: 24'-0" PROPOSED STORIES: 1 TOTAL FLOOR AREA: 950 S.F. GROSS MAXIMUM ALLOWABLE AREA: 6,000 S.F. FIRE-RESISTANCE RATING FOR STRUCTURAL ELEMENTS: 0 HOURS BUILDING OCCUPANCY DATA OCCUPANCY CLASSIFICATION: GROUP B (RESTAURANT) 49 OCCUPANTS MAX. GROSS AREA: 950 S.F. LOAD FACTOR: 1/150 OCCUPANT LOAD: 6.33 TOTAL OCCUPANT LOAD: 7 PARKING ANALYSIS REQUIRED PARKING RATIO 1 SPACE PER 200 SF G.F.A INDIVIDUAL PARKING: REQUIRED PROVIDED STANDARD 4 36 ACCESSIBLE 1 2 TOTAL PARKING: 5 38 IMAGE FOR GENERAL ILLUSTRATIVE PURPOSES ONLY ACTUAL BUILDING DESIGN MAY DIFFER DRAWING INDEX: GENERAL INFORMATION G0.0 COVER SHEET/ GENERAL INDEX SP1.0 SITE PARAMETERS 01 OF 03 PRECISE GRADING PLAN 02 OF 03 STORM DRAIN PLAN 03 OF 03 UTILITY PLAN LP1.0 PRELIMINARY LANDSCAPE PLAN A2.0 FLOOR PLAN A6.0 BUILDING ELEVATIONS A6.1 BUILDING ELEVATIONS - COLOR A9.0 TRASH ENCLOSURE PLAN / ELEVATIONS E0.02 PHOTOMETRIC SITE PLAN PROJECT DIRECTORY: OWNER / DEVELOPER DUTCH BROS COFFEE 110 SW 4TH STREET GRANTS PASS, OR 97526 PHONE: (541) 955-4700 E: [email protected] ARCHITECT OF RECORD ARMET DAVIS NEWLOVE & ASSOCIATES, AIA ARCHITECTS 1330 OLYMPIC BLVD. SANTA MONICA, CA. 90404 PHONE: (310) 452-5533 ATTN: PAUL DEPPE [email protected] CIVIL ENGINEER HARIYA, INC 26121 WALLACK PLACE LOMA LINDA, CA 92354 PHONE: (909) 499-8270 ATTN: MANOJ HARIYA [email protected] SOILS ENGINEER TERRACON CONSULTANTS, INC 1355 E. COOLEY DR. COLTON, CA 92324 PHONE: (909) 824-7311 ATTN: MATT BEHESHTI [email protected] LANDSCAPE ARCHITECT WES AROLA LANDSCAPE ARCHITECTURE 781 INGA ROAD NIPOMO, CA 93444 PHONE: (831) 247-9936 ATTN: WES AROLA [email protected] SHEET NAME: SHEET NUMBER: REV: DATE: DESCRIPTION:

Project No: CA5501
Dutch Bros Coffee - Freestanding Store
2550 - A1 PROTOTYPE
NEC MAGNOLIA ST. & TALBERT AVE.

FOUNTAIN VALLEY, CA 92708 cARMET DAVIS NEWLOVE & ASSOCIATES, AIA ARCHITECTS 1330 OLYMPIC BLVD. SANTA MONICA, CALIFORNIA 90404 PH 310 452-5533 FAX 310 450-4742 DATE: 07/20/22 UTILITY PURVEYORS: WATER / SEWER CITY OF FOUNTAIN VALLEY 10200 SLATER AVE FOUNTAIN VALLEY, CA 92708 (714) 593-4400 STORM DRAINAGE CITY OF FOUNTAIN VALLEY 10200 SLATER AVE FOUNTAIN VALLEY, CA 92708 (714) 593-4400 ELECTRIC SOUTHERN CALIFORNIA EDISON PO BOX 6400 RANCHO CUCAMONGA, CA 91729 1-800-655-4555 TRASH RAINBOW TRASH DISPOSAL SERVICE 17121 NICHOLS ST HUNTINGTON BEACH, CA (714) 847-3581

Attachment #1 Page 137

DUTCH BROS COFFEE
950 SQ. FT. DO NOT ENTER STOP ELEC. RISER W EXIT LANE
NO PARKING DO NOT ENTER STOP EXISTING SHOPPING CENTER N.A.P. ELEC. RISER W EXIT LANE NO PARKING SP1.0 SITE PLAN ENLARGED SITE PLAN LEGEND OVERALL SITE PLAN SHEET NAME: SHEET NUMBER: REV: DATE: DESCRIPTION:

Project No: CA5501
Dutch Bros Coffee - Freestanding Store
2550 - A1 PROTOTYPE
NEC MAGNOLIA ST. & TALBERT AVE.

FOUNTAIN VALLEY, CA 92708 cARMET DAVIS NEWLOVE & ASSOCIATES, AIA ARCHITECTS 1330 OLYMPIC BLVD. SANTA MONICA, CALIFORNIA 90404 PH 310 452-5533 FAX 310 450-4742 DATE: 08/18/22

Attachment #1 Page 138
PAINT MARK-WATER 6IN 21.10 PAINT MARK-WATER 2IN 21.01 PAINT MARK-ELEC 20.67 PAINT MARK-ELEC 21.09 EELEC. 21.29 21.22 PAINT MARK-CATV PAINT MARK-CATV 21.25 21.85 PAINT MARK-CATV 21.77 PAINT MARK-CATV PAINT MARK-CATV 21.52 PAINT MARK-CATV 21.53 PAINT MARK-ELEC 21.43 EELEC. RISE 21.49 PAINT MARK-ELEC 21.46 S21.38 MAILBOX 22.83 22.84 WHITE LINE WHITE LINE 22.96 WHITE LINE 23.10 WHITE LINE 23.14 WHITE LINE 23.14 WHITE LINE HITE LINE 3.09 HITE LINE .05 HITE LINE .03 ITE LINE 9 ITE LINE BC 93 LINE 22.99 WHITE LINE EC 20.54 TC @ FC FL GUT 20.47 LIP GUT 20.63 20.58 BOT-X 21.18 TOP-X 21.03 BACK SW EDISON POLE 1703514E F103611 21.21 BACK SW 21.51 21.19 TC @ FC FL GUT 20.49 LIP GUT 20.67 LIP GUT 20.76 FL GUT 20.54 21.23 TC @ FC 2B 1 2B BUS STOP 21.40BUS ST 21.34 BUS STOP 21.46 BA21. BAC21.5 BA21. BA21. S21.29 MAILBOX 20.67 21.33 FL GUT TC @ FC 20.83 LIP GUT LIP GUT 20.89 FL GUT 20.76 21.45 TC @ FC TC @ FC 22.21 E ELECT METER EDISON17924 FA252 21.42 EDISON POL 21.44 BACK SW 21.78 BACK SW 21.76 BACK SW 21.77MET21.61 FIRE HYD 21.57 21.51 20.85 TC @ FC FL GUT 20.99 LIP GUT 21.49 TOP-X 20.92 BOT-X BACK SW 21.60 22.24 TC @ FC 21.41 BACK SW 20.94 TC @ FC FL GUT 20.86 LIP GUT 21.0021.01 TOP-X 21.54 BOT-X 21.48 BACK SW BACK SW 21.72 21.61 EDISON POLE 1703512E BACK SW 22.03 BACK SW 22.05 22.22 21.69 EP 22.32 TC @ FC 22.09 EP 22.44 TC @ FC 22.87 TC @ FC 22.60 EP 22.75 EP23.10 TC @ FC 23.15 TOP-X 22.96 BOT-X 23.08 23.36 RAMP 23.36 23.28 RAMP 23.16 RAMP EDGE CONC. 23.35 23.58 EDGE CONC. 22.98 EDGE CONC. 23.06 EDGE CONC. 23.02 EDGE CONC. 23.08 EDGE CONC.23.63 EDGE CONC. 22.06 GB 21.80 GB 21.78 GBGB 22.07 TC @ FC 22.06 EP 22.33 EP 22.11 EP EP 22.07 21.41 GB 22.96 EP 22.57 EP 22.41 23.06 EP EP 23.01 23.35 TC @ FC EC 23.30 TC @ FC BC TC @ FC 22.82 EP EP 22.83 23.29 TC @ FC 23.28 TC @ FC EC EP EP 23.00 EP 22.73 23.12 TC @ FC BC EP 21.39 EDGE X-GUT 21.37 FL X-GUT 21.41 EDGE X-GUT 21.80 EDGE X-GUT 21.75 FL X-GUT 21.82 EDGE X-GUT 22.14 EDGE X-GUT 22.07 FL X-GUT 22.14 EDGE X-GUT 22.34 EDGE X-GUT 22.26 FL X-GUT 22.34 EDGE X-GUT EDGE X-GUT 22.43 FL X-GUT 22.36 22.44 EDGE X-GUT 22.48 EDGE X-GUT 22.36 FL X-GUT 22.64 EDGE X-GUT FL X-GUT 22.52 EDGE X-GUT EDGE X-GUT 22.64 22.94 FL X-GUT 22.87 EDGE X-GUT 22.94 EDGE X-GUT 22.96 EDGE X-GUT 23.03 22.96 EDGE X-GUT FL X-GUT 22.87 EDGE X-GUT 22.97 EDGE X-GUT 22.74 FL X-GUT 22.64 22.47 EDGE X-GUT EDGE X-GUT 22.47 FL X-GUT 22.36 EDGE X-GUT 22.46 22.14 EDGE X-GUT 22.05 FL X-GUT EDGE X-GUT EDGE X-GUT 21.65 FL X-GUT 21.73 EDGE X-GUT 21.44 EDGE X-GUT 21.34 FL X-GUT 21.00 FL X-GUT 21.02 EDGE X-GUT EP 23.08 TC @ FC 23.21 23.24 BACK SW

MAGNOLIA STREET DO NOT ENTER STOP

DUTCH BROS COFFEE
950 SQ. FT.

24.55 FFE

23.88 PAD

Attachment #1

PAINT MARK-WATER 6IN 21.10 PAINT MARK-WATER 2IN 21.01 PAINT MARK-ELEC 20.67 PAINT MARK-ELEC 21.09 EEL21. 21.22 PAINT MARK-CATV PAINT MARK-CATV 21.25 21.85 PAINT MARK-CATV PAINT MARK-CATV 21.52 PAINT MARK-CATV 21.53 PAINT MARK-ELEC 21.43 EELEC. R 21.49 PAINT MARK-ELEC 21.46 S21.38 MAILBOX 22.83 22.84 WHITE LINE WHITE LINE 22.96 WHITE LINE 23.10 WHITE LINE 23.14 WHITE LINE 23.14 WHITE LINE HITE LINE 3.09 HITE LINE .05 HITE LINE .03 ITE LINE 9 ITE LINE BC 93 LINE 20.54 TC @ FC FL GUT 20.47 LIP GUT 20.63 20.58 BOT-X 21.18 TOP-X 21.03 BACK SW EDISON POLE 1703514E F103611 21.21 BACK S21.5 21.19 TC @ FC FL GUT 20.49 LIP GUT 20.67 LIP GUT 20.76 FL GUT 20.54 21.23 TC @ FC BUS STOP 21.40BUS 21.3 BUS ST21. 2 SMAILBO 21.29 20.67 21.33 FL GUT TC @ FC 20.83 LIP GUT LIP GUT 20.89 FL GUT 20.76 21.45 TC @ FC TC @ FC 22.21 E ELECT METER EDISON17924 FA252 21.42 EDISONP 21.44 BACK SW 21.78 BACK SW 21.76 BACK SW 21.77 2M FIRE H 21.57 21.51 20.85 TC @ FC FL GUT 20.99 LIP GUT 21.49 TOP-X 20.92 BOT-X BACK SW 21.60 22.24 TC @ FC 21.41 BACK SW 20.94 TC @ FC FL GUT 20.86 LIP GUT 21.00 21.78 GBGB 22.06 EP 22.11 EP EP 22.07 21.68 21.38 GB 21.41 GB TC @ FC EC 22.96 TC @ FC EC EP 22.57 EP 22.41 EP EP 23.01 TC @ FC EC TC @ FC BC 22.82 EP EP 23.29 TC @ FC 23.28 TC @ FC EC EP 23.00 EP 22.73 TC @ FC BC 21.39 EDGE X-GUT 21.37 FL X-GUT 21.41 EDGE X-GUT 21.80 EDGE X-GUT 21.75 FL X-GUT 21.82 EDGE X-GUT 22.14 EDGE X-GUT 22.07 FL X-GUT 22.14 EDGE X-GUT 22.34 EDGE X-GUT 22.26 FL X-GUT 22.34 EDGE X-GUT 22.43 FL X-GUT 22.52 EDGE X-GUT EDGE X-GUT 22.64 22.94 FL X-GUT 22.87 FL X-GUT 22.87 EDGE X-GUT 22.97 EDGE X-GUT 22.74 FL X-GUT 22.64 EDGE X-GUT 22.47 FL X-GUT 22.36 EDGE X-GUT 22.46 22.14 EDGE X-GUT 22.05 FL X-GUT 22.10 EDGE X-GUT 21.70 EDGE X-GUT 21.65 FL X-GUT 21.73 EDGE X-GUT 21.44 EDGE X-GUT 21.34 FL X-GUT 21.42 EDGE X-GUT 21.02 EDGE X-GUT 21.00 FL X-GUT 21.02 EDGE X-GUTDO NOT ENTER STOP

DUTCH BROS COFFEE
950 SQ. FT.

24.55 FFE

23.88 PAD

Attachment #1

21.92 PAINT MARK-WATER 21.92 PAINT MARK-WATER 21.92 PAINT MARK-WATER 2IN 21.94 PAINT MARK-WATER 6IN 21.91 VALVE PAINT MARK-WATER 6IN 21.10 PAINT MARK-WATER 2IN 21.01 21.68 PAINT MARK-WATER PAINT MARK-ELEC 20.67 PAINT MARK-ELEC 21.09 EELEC. RISE 21.29 21.22 PAINT MARK-CATV PAINT MARK-CATV 21.25 21.85 PAINT MARK-CATV PAINT MARK-CATV 21.52 PAINT MARK-CATV 21.53 PAINT MARK-ELEC 21.43 E21.49 ELEC. RISER PAINT MARK-ELEC 21.46 S21.38 MAILBOX 22.83 22.84 WHITE LINE WHITE LINE 22.96 WHITE LINE 23.10 WHITE LINE 23.14 WHITE LINE 23.14 WHITE LINE

HITE LINE

3.09 HITE LINE
.05

HITE LINE
.03

ITE LINE
9 ITE LINE BC
93 LINE 20.58 BOT-X 21.18 TOP-X EDISON POLE 1703514E F103611 21.21 BACK SW 21.51 21.19 TC @ FC FL GUT 20.49 LIP GUT 20.67 21.49 FS 21.59 FS LIP GUT 20.76 FL GUT 20.54 21.23 TC @ FC BACK S 21.50
BACK 21.51 BUS STOP 21.40 21.34 BUS STOP BUS STOP 21.46 BACK S 21.56 21.57 BACK SW
BACK S 21.62
BACK S 21.61
2B
S21.29 MAILBOX 20.67 21.33 FL GUT TC @ FC 20.83 LIP GUT 21.62 FS 21.74 FS LIP GUT 20.89 FL GUT 20.76 21.45 TC @ FC 2B
1 TC @ FC 22.21
E ELECT METER EDISON17924 FA252 21.42
EDISON POLE 1703 21.44
BA

21. BACK SW 21.78 BACK SW 21.76 BACK SW 21.77
BA

21. 21.61 METER 21.57 FIRE HYDRANT
TC 2 . B
1A
. 21.51 20.85 TC @ FC FL GUT 20.99 LIP GUT 21.49 TOP-X 20.92 BOT-X BACK SW 21.60 2T 22.24 TC @ FC 21.41 BACK SW 21.85 FS EP 22.11 EP EP 22.07 21.68 22.96 TC @ FC EC EP 22.57 EP 22.41 TC @ FC BC TC @ FC EC 23.70 EP 23.06 EP 23.01 TC @ FC EC 22.82 EP EP TC @ FC 23.28 TC @ FC EC EP 23.00 EP 22.73 22.64 EDGE X-GUT FL X-GUT 22.52 EDGE X-GUT EDGE X-GUT 22.64 22.94 FL X-GUT 22.87 EDGE X-GUT 22.94 EDGE X-GUT 22.96 EDGE X-GUT 23.03 22.96 EDGE X-GUT FL X-GUT 22.87 EDGE X-GUT 22.97 EDGE X-GUT 22.74 FL X-GUT 22.64 22.72 EDGE X-GUT (W) (W) (W) (W) (W) (W) (W) (W) (W) (W) (W) (W)

MAGNOLIA STREET DO NOT ENTER STOP

DUTCH BROS COFFEE
950 SQ. FT.

24.55 FFE

23.88 PAD

Attachment #1

DO NOT ENTER STOP

PROPOSED

DUTCH BROS
950 SF
ESCAPE LANE ELEC. RISER W G-101 G-101 G-101 W SHEET NAME: SHEET NUMBER: REV: DATE: DESCRIPTION:

Project No: CA5501
Dutch Bros Coffee - Freestanding Store
2040 - A1 PROTOTYPE

NEC MAGNOLIA ST & TALBERT AVE
FOUNTAIN VALLEY, CA 92708 c DATE: 01/18/23 C C inc A
C U M M I N G S C U R L E Y and A S S O C I A T E S, I N C L a n d s c a p e A r c h i t e c t s
1700 Pacific Coast Highway, Suite C
Tel. 562.424.8182
Seal Beach, California 90740
California 3583 • Arizona 30100 • Nevada 578 • Utah 377204 Colorado 1559 • Texas 3337 • Washington 1069 • CLARB 1848 r R T Ro b e ETSI GER S SIGNATURE DATE SIGNATURE t L . Cu r l e y No . 3 5 8 3T CETI HCRA PE LANDSCA ED N I A TE OF CAL I FOR ARENEWAL DATE DECEMBER 31, 2023 01.18.23 L1.0 PLANTING PLAN NORTH 0SCALE: 20 40 60 feet 1" = 20' TREES CODE QTY BOTANICAL NAME COMMON NAME CONT. SIZE CAL SPECS. WUCOLS % OF ETO HZ AM 22 Arbutus x `Marina` Marina Strawberry Tree Standard 24" Box Standard 2"Cal 7-8` x 3-4` L L 10-30% 2 SHRUBS CODE QTY BOTANICAL NAME COMMON NAME CONT. SIZE SPACING WUCOLS % OF ETO HZ CP 30 Caesalpinia pulcherrima Red Bird Of Paradise 5 gal Per Plan L L 10-30% 1 OL 113 Olea europaea 'Little Ollie' TM Little Ollie Olive 5 gal 36" oc L L 10-30% 1 SHRUB AREAS CODE QTY BOTANICAL NAME COMMON NAME CONT. SIZE SPACING WUCOLS % OF ETO HZ LH 2,681 sf Lantana x 'New Gold' New Gold Lantana 1 Gal 30" oc L L 10-30% 1 PLANT SCHEDULE 212 sf LH 163 sf LH 100 sf LH 70 sf LH 12 sf LH 12 sf LH 190 sf LH 159 sf LH 240 sf LH 880 sf LH 450 sf LH 10OL4CP 18OL 12CP 36OL 10CP10OL4CP5OL 34OL 166 sf LH 27 sf LH 5AM 5 4 AM AM 2AM 2AM SYMBOL DESCRIPTION QTY G-101 California Gold Decomposed Granite Stabilized 1/8” minus 2" depth 2,261 sf NON-LIVING GROUND COVER SCHEDULE GENERAL PLANTING NOTES 1. Installer shall be responsible for making himself familiar with all underground utilities, pipes and structures. Installer shall take sole responsibility for any cost incurred due to damage of said utilities. 2. The installer shall make himself familiar with all local, regional, County, State and Federal regulations, requirements etc. in affect as to the transport, import, delivery and installation of all plant materials specified on the plans. It is strongly recommended to source plant materials from local nurseries that are also familiar with the requirements for growing, supplying and transporting plants into the area of the project. 3. Installer shall not willfully proceed with construction as designed when it is obvious that unknown obstructions and/or grade differences exist that may not have been known during design. 4. Installer shall have soils tested by a qualified agronomy laboratory. Materials and mixing of soil amendments, fertilizers, and back fill for planting pits shall be in accordance with recommendations of the soils agronomy report. 5. The installer shall secure all plant material for the project upon award of contract but in no instances less than 120 days prior to installation. 6. All plant material shall be approved by the Landscape Architect, Owner or Owner's representative prior to installation. 7. Final location of all plant material shall be subject to the approval of the Construction Manager. 8. See details for staking method and plant pit dimensions. 9. If conflicts arise between size of areas and plans, Installer to contact Construction Manager for resolution. Failure to make such conflicts known to the Construction Manager will result in Installer's liability to relocate the materials. 10. All ground covers to be held back 4" from edge of new shrubs typical and 2" from back of curbs or edge of walks at time of planting. 11. Ground covers shall be triangularly spaced per detail. 12. Trees shall be located minimum 4' from walls, overhead, walks, headers and other trees within the project, unless otherwise shown. 13. Place Deep Root Barrier at new trees that are with in 5' of Curbs or paving unless noted otherwise on the plans. Deep Root model UB 24-2 see installation detail. 14. Separate all ground cover and shrub areas from lawn areas with headers as per the installation details. 15. All slopes greater than 3:1 in shrub areas shall be covered jute mesh to prevent soil erosion during plant establishment 16. Remove stakes and trellis from vines and espaliers and secure to walls, fences and posts as per detail 17. In all cases "Root Bound" plant material will not be accepted. 18. No trees are to be planted within or above site storm drain pipes, swales or retention basins. 19. All planting areas including pots irrigated with drip irrigation or low volume irrigation components shall be hand watered by the installer until the plant materials root zones have established enough to effectively access the irrigation water from the drip systems. 20. Planting areas (except lawn and hydroseed areas as well as areas of Decomposed Granite) to be top dressed with 2" (inch) min, layer of mulch Agromin ES-2 or equal. Agromin (800)247-6646 21. Suitable Soil Import a. General - Topsoil shall be free of roots, clods, stones larger than 1-inch in the greatest dimension, pockets of coarse sand, noxious weeds, sticks, lumber, brush and other litter. It shall not be infested with nematodes or other undesirable disease-causing organisms such as insects and plant pathogens b. Topsoil shall be friable and have sufficient structure in order to give good tilth and aeration to the soil. c. Gradation limits - soil shall be a sandy loam. The definition of soil texture shall be the USDA classification scheme cited below. Gravel over 2 millimeters in diameter shall be less than 20% by weight d. Permeability Rate - Hydraulic conductivity rate shall be not less than one inch per hour nor more than 10 inches per hour when tested in accordance with the USDA Handbook Number 60, method 34b or other approved methods. e. Fertility - The range of the essential elemental concentration in soil shall be as follows for approval of source soil: Ammonium Bicarbonate/DTPA Extraction parts per million (mg/kilogram dry weight basis phosphorus 10 - 40 potassium 100 - 220 iron 5- 35 manganese 0.6 - 6 zinc 1 - 8 copper 0.3 - 5 boron 0.2 - 1 magnesium 50 - 150 sodium 0 - 100 sulfur 25 - 500 molybdenum 0.1 - 2 f. Acidity - The soil pH range measured in the saturation extract (Method 21a, USDA Handbook Number 60) shall be 6.0 - 7.9. g. Salinity - The salinity range measured in the saturation extract (Method 3a, USDA Handbook Number 60) shall be 0.5 - 2.5 dS/m. h. Chloride - The maximum concentration of soluble chloride in the saturation extract (Method 3a, USDA Handbook Number 60) shall be 150 mg/l (parts per million). i. Boron - The maximum concentration of soluble boron in the saturation extract (Method 3a, USDA Handbook Number 60) shall be 1 mg/l (parts per million). j. Sodium Adsorption Ratio (SAR) - The maximum SAR shall be 3 measured per Method 20b, USDA Handbook Number 60. k. Aluminum - Available aluminum measured with the Ammonium Bicarbonate/DTPA Extraction shall be less than 3 parts per million. l. Soil Organic Matter Content - Sufficient soil organic matter shall be present to impart good physical soil properties but not be excessive to cause toxicity or cause excessive reduction in the volume of soil due to decomposition of organic matter. The desirable range is 3% to 5%. The carbon:nitrogen ratio should be about 10. m. Calcium Carbonate Content - Free calcium carbonate (limestone) shall not be present for acid-loving plants. n. Heavy Metals - The maximum permissible elemental concentration in the soil shall not exceed the following concentrations: Ammonium Bicarbonate/DTPA Extraction parts per million (mg/kilogram) dry weight basis arsenic 1 cadmium 1 chromium 10 cobalt 2 lead 30 mercury 1 nickel 5 selenium 3 silver 0.5 vanadium 3 o. If the soil pH is between 6 and 7, the maximum permissible elemental concentration shall be reduced 50%. If the soil pH is less than 6.0, the maximum permissible elemental concentration shall be reduced 75%. No more than three metals shall be present at 50% or more of the above values. Phytotoxic constituent, herbicides, hydrocarbons etc. - Germination and growth of monocots and dicots shall not be restricted more than 10% compared to the reference soil. Growth inhibiting constituents must not be present. 20. Organic soil amendment a. Composted aerobic humus compost without presence of decomposition products. The organic matter content shall be at least 50% on dry weight basis. Humus material shall have an acid-soluble ash content of no less than 6% and no more than 20%. b. The pH of the material shall be between 6 and 7.5. c. The salt content shall be less than 6 millimho/cm @ 25° C. (ECe less than 6) in a saturated paste extract. d. Boron content of the saturated extract shall be less than 1.0 part per million. e. Silicon content (acid-insoluble ash) shall be less than 50%. f. Calcium carbonate shall not be present if to be applied on alkaline soils. g. Types of acceptable products are composts, manures, mushroom composts, straw, alfalfa, peat mosses etc. low in salts, low in heavy metals, free from weed seeds, free of pathogens and other deleterious materials. h. Composted wood products are conditionally acceptable [stable humus must be present]. Wood based products are not acceptable which are based on red wood or cedar. i. Sludge-based materials are not acceptable. j. Carbon:nitrogen ratio is between 8.0 and 20:1. k. SAR (sodium adsorption ratio) less than 5. l. Seed germination - over 80% germination in saturation extract diluted 1 to 3 in water compared to seeds germinated in deionized water. m. Germination vigor - equal to or better than seed length for seeds germinated in deionized water. n. Maturity and stability - Solvita 5 or higher. o. Molar ratio of ammoniacal nitrogen to nitrate nitrogen less than 2. p. The compost shall be aerobic without malodorous presence of decomposition products. q. The maximum particle size shall be 0.5 inch, 80% or more shall pass a No. 4 screen. Maximum total permissible pollutant concentrations in amendment in parts per million on a dry weight basis: arsenic 12 copper 100 selenium 20 cadmium 15 lead 100 silver 10 chromium 100 mercury 10 vanadium 50 cobalt 50 zinc 200 molybdenum 20 nickel 100 20. Decomposed granite (D.G.) - install a 2" (Min.) layer of Decomposed Granite w/ stabilizer continuous, color as per plan, in all planters under all trees and shrubs as indicated. Before placing granite, compact sub-grade to 85% and apply a pre-emergent herbicide to soil. After placing granite: rake smooth, wet to entire depth, allow to dry, then lightly scarify surface with a leaf rake. Apply a secondary application of pre-emergent herbicide to top of granite. Keep top of granite 1" below adjacent walks and curbs. Do not allow granite to touch the trunk of any plant. Install after installation of plant material making note of plant height so they are not buried by D.G.. 21. Cactus / Succulent Mix: Pumice or Perlite (Approximately 40%) Potting Soil Mix (Approximately 15%) Clean Washed River Sand (Approximately 10%) Loosened Coir (Approximately 35%) 22. All Washingtonia Palms shall be skinned to the green fronds above and shall be as per the brown trunk height (BT) as indicated on the planting plan and legend. 23. All Phoenix Palms shall be "Pineapple Cut" skinned and shall be as per the brown trunk height (BT) as indicated on the planting plan and legend and matched to be of equal height in each area of use. 24. Brown Trunk Height "BT" shall mean as measured from the ground line to the base of the heart leaf. 25. All Palms must be certified disease and pest free by a licensed Arborist. Written documentation must be provided prior to planting. SOIL TESTS FOR SOIL MANAGEMENT 1. The Contractor shall be responsible for obtaining soils testing and soil amendment recommendations. Soils testing shall be completed and test results and amendment recommendations submitted to the Owner's Representative a minimum of sixty (60) days before commencement of any planting. The report shall be reviewed approved by the project Landscape Architect and ALL required governing agencies PRIOR to the commencement of any soil amending or planting. 2. The testing laboratory shall be , or approved equal as approved by the Owner's Representative. 3. The testing laboratory for soils analysis shall use the following criteria for soil testing: USDA Agricultural Suitability Test per Handbook 60, to include Boron presence and content; and University of California Soil Fertility Test. 4. Interpretations, fertilization and soil amendment recommendations, and comments regarding these tests are required. 5. Infiltration Rate determined by laboratory test or Soil Texture and Infiltration Rate table 6. Soils test sites shall occur not more than 250 feet on center in the planting areas, unless otherwise noted on plans. 7. Samples of all import soil from each source shall also be submitted to the soils testing laboratory for analysis, interpretation and recommendations prior to placement, blending or back-filling. 8. A copy of the plant schedule shall be provided to the lab for review and comment in relation to the results of the soils tests. PERCOLATION TEST 1. The landscape installer shall dig (as test areas) four (4) plant pits of 24" box size, or larger, at four (4) locations minimum within the job site. Pits are to be filled with water. The results of this test shall be reported to the Landscape Architect and owner 48 hours after initiating. Test pits shall be in actual location of trees as shown on the plan. Failure to carry out this test shall make the landscape installer liable for any and all trees that die due to poor water percolation beyond the agreed guarantee period. OPTION 1 Should the water drain out of the test pits at a normal rate indicating good percolation then tree detail "A" and shrub planting detail "A" shall be utilized. OPTION 2 In the event any amount of water is left standing in the test pit (per the above procedure) 24 hours after initiating the percolation test then the vertical mulching details for tree detail "B" and shrub detail "B" shall apply to all trees and shrubs regardless of size. These details shall supersede all other planting details. However, the tree staking requirements of tree planting detail "A" shall remain intact in either case. PARKING AREA SHADE CALCULATIONS SYMBOL DESCRIPTION QTY Tree Shade 4,621 sf (57% provided) Parking Area to be Shaded 8,116 sf (50% =4,058 sf req.) 6 LANDSCAPE CALCULATIONS 1AM 1AM 1AM 1AM Page 53 Attachment #1 Page 142
3'-8 1/2" 1 3/4" 1 3/4"
4'-0" 4'-0" ROUGH OPENING: 48-3/8"(W) x 48-3/8"(H)
2 1/2" 3'-5"
4'-0" 4 1/2" 4'-0" 1 3/4" 3'-8 1/2" 1 3/4"
4 1/2" WINDOW TYPE SCHEDULE
A
6'-0"
8'-10" 4'-0"
4'-0" 1'-8"
5'-8"
8'-10" 2'-9" 2'-9" 8'-11"
B 2'-9"
3'-2"
C
2'-10"
5'-8"
8'-10" 2'-2" 5'-0"
3'-6" 1'-8" 10'-0"3'-2" 2'-2"
4 DRIVE-THRU WINDOW DETAIL SCALE: 1/2" = 1'-0" FIXED U-FACTOR = U-0.38 OPERABLE U-FACTOR = U-0.48 DOOR FRAME TYPE SCHEDULE NOTES:
2 DOOR TYPE SCHEDULE NOTES:
1 12 REFERENCE DOOR SCHEDULE FOR SIZES AND MATERIALS (TYP.) DOOR HARDWARE, CLOSERS, KICKPLATES, PANIC HARDWARE AND THRESHOLDS SHALL BE LOCATED AND INSTALLED PER ADA AND LOCAL REQUIREMENTS. 1 REFERENCE DOOR SCHEDULE FOR SIZES AND MATERIALS (TYP.) NEW FULL HEIGHT INTERIOR PARTITION NEW EXTERIOR WALL CONSTRUCTION NEW PRE-FAB WALK-IN COOLER SCALE: 1/4" = 1'-0" 1 FLOOR PLAN GENERAL NOTES: 1. ALL DIMENSIONS TO FACE OF STUD UNLESS OTHERWISE NOTED. 2. G.C. TO VERIFY ALL DIMENSIONS IN THE FIELD BEFORE COMMENCING CONSTRUCTION. 3. ALL INTERIOR FINISHES SHALL COMPLY WITH SECTION 803. INTERIOR FINISH MATERIALS APPLIED TO WALL AND CEILINGS SHALL BE TESTED AS SPECIFIED IN SECTION 803. FLAME SPREAD RATINGS: WALL TILE - CLASS A - <25 WALL PAINT - CLASS A - <5 PLASTIC LAMINATE - CLASS A - <25 FRP PANELS - CLASS A - <25 STAINLESS STEEL CORNER GUARDS - CLASS A - <25 CEILING TILE - CLASS A - <25 4. FIRE BLOCKING MUST BE PROVED IN ACCORDANCE WITH SECTION 718.2 AT THE FOLLOWING LOCATIONS: a. IN CONCEALED SPACES OF STUD WALLS AND PARTITIONS, INCLUDING FURRED SPACES, AT THE CEILING AND FLOOR LEVELS. b. IN CONCEALED SPACES OF STUD WALLS AND PARTITIONS, INCLUDING FURRED SPACES, AT 10-FOOR INTERVALS ALONG THE LENGTH OF THE WALL. c. AT THE INTERCONNECTIONS BETWEEN CONCEALED VERTICAL AND HORIZONTAL SPACES SUCH AS OCCUR AT SOFFITS, DROP CEILINGS AND COVE CEILINGS. d. IN CONCEALED SPACES BETWEEN STAIR STRINGERS AT THE TOP AND BOTTOM OF THE RUN AND BETWEEN STUDS ALONG AND IN LINE WITH THE RUN OF STAIRS IF THE WALL UNDER STAIRS IS UNFINISHED. e. IN OPENINGS AROUND VENTS, PIPES, DUCTS, CHIMNEYS, FIREPLACES AND SIMILAR OPENINGS WHICH AFFORD A PASSAGE FOR FIRE AT CEILINGS AND FLOOR LEVELS, WITH NONCOMBUSTIBLE MATERIALS. PARTITION KEY NOTE: HAND-ACTIVATED DOOR-OPENING HARDWARE SHALL BE LOCATED 30 MIN. AND 44 MAX. INCHES ABOVE THE FLOOR. LATCHING AND LOCKING DOORS THAT ARE HAND-ACTIVATED AND WHICH ARE IN A PATH OF TRAVEL SHALL BE OPERABLE WITH A SINGLE EFFORT BY LEVER-TYPE HARDWARE, PANIC BARS, PUSH-PULL ACTIVATING BARS, OR OTHER HARDWARE DESIGNED TO PROVIDE PASSAGE WITHOUT REQUIRING THE ABILITY TO GRASP THE OPENING HARDWARE. 0' 4'2' DOOR NOTES 1. THIS PLAN IS ISSUED SO THAT THE CONTRACTOR CAN MAINTAIN FULL COMPLIANCE WITH THE INTERNATIONAL BUILDING CODE FOR WHEELCHAIR MANEUVERABILITY AT DOORS. THIS DETAIL INDICATES PARTIAL REQUIREMENTS OF THE CODE. IT IS ADVISED THAT THE CONTRACTOR OBTAIN A COMPLETE COPY OF THESE CODES FOR REFERENCE. 2. THE DIMENSIONS SHOWN ARE CRITICAL FOR COMPLIANCE WITH THE CODES. IT IS THE CONTRACTOR'S RESPONSIBILITY TO INSURE PROPER CLEARANCES FOR WHEELCHAIR MANEUVERABILITY. IF CONFLICTS OCCUR, BRING TO DESIGNERS ATTENTION IMMEDIATELY. 3. FOR FULL SWING DOORS A MINIMUM 2'-10" WIDE DOOR IS REQUIRED FOR CLEARANCE. FOR 90° SWING DOORS A MINIMUM 3'-0" WIDE DOOR IS REQUIRED FOR CLEARANCE. 4. IN ORDER TO ACHIEVE THE REQUIRED 12" OR 18" MINIMUM CLEARANCES AT DOOR AND A MINIMUM PASSAGE WIDTH, THE DOOR FRAME AT HINGE SIDE MAY HAVE TO BE AGAINST THE ADJACENT WALL. 5. THE MAXIMUM EFFORT FOR BOTH INTERIOR AND EXTERIOR DOORS IS 5 LBS. CLOSING SPEED IS 5 SEC MIN. FROM 90° TO 12°. 6. 1/2" MAXIMUM HIGH THRESHOLD (ABOVE FLOOR AND LANDING ON BOTH SIDES) AT BUILDING ENTRANCES AND ALL DOORS. 7. DOOR HARDWARE AT ALL EXIT DOORS TO ALLOW DOORS TO BE OPENED FROM THE INSIDE WITHOUT KEY, SPECIAL KNOWLEDGE OR EFFORT PER APPROPRIATE CODE. 8. SIGNAGE FOR ONLY MAIN ENTRY DOORS ALLOWED TO HAVE KEY LOCKING DEVICES TO STATE, "THIS DOOR TO REMAIN UNLOCKED WHEN BUILDING IS OCCUPIED" 9. 10" HIGH KICK PLATE AT BOTTOM OF GLAZED AND STOREFRONT DOORS. 10. ALL DOORS EQUIPPED WITH SINGLE-EFFORT, NON-GRASPING TYPE HARDWARE BETWEEN 34" MIN. AND 44" MAX. ABOVE THE FINISHED FLOOR. 11. WIDTH OF DOORS TO BE A MINIMUM OF 36" TO PROVIDE REQUIRED 32" NET CLEARANCE WIDTH BETWEEN THE FACE OF THE DOOR AND THE JAMB. 12. ALL DOORS TO BE KEYED ALIKE; GC TO PROVIDE A TOTAL OF 4 KEYS. 3 SCALE: 1/2" = 1'-0" TYPICAL DOOR PLAN FOR WHEELCHAIR ACCESS HARDWARE GROUPS: GROUP 1: 1 EA. HINGES PIANO HINGES - CONTINUOUS 1 EA. TRILOGY T2 SERIES EXIT TRIM ETDL27 ALARM LOCK ALL METAL 12 BUTTON KEYPAD, WATERPROOF VERSION WITH US26D FINISH 1 EA. THRESHOLD PEMKO 2716A 1 EA. DOOR SHOE PEMKO 211APK 1 EA. DOOR SEAL PS074, BLACK 1 EA. FLOOR STOP 1 EA. DOOR CLOSER SARGENT 1431 RUO EN 1 EA. PANIC PUSH HARDWARE 1 EA. 40"x30" KICK PLATE, INTERIOR, HAGER 190S FINISH: US32D GROUP 2: 1 EA. HINGES PIANO HINGES - CONTINUOUS 1 EA. TRILOGY T2 SERIES EXIT TRIM ETDL27 ALARM LOCK ALL METAL 12 BUTTON KEYPAD, WATERPROOF VERSION WITH US26D FINISH 1 EA. THRESHOLD PEMKO 2716A 1 EA. DOOR SHOE PEMKO 211APK 1 EA. DOOR SEAL PS074, BLACK 1 EA. FLOOR STOP 1 EA. DOOR CLOSER SARGENT 1431 RUO EN 1 EA. PANIC PUSH HARDWARE 1 EA. 34"x30" KICK PLATE, INTERIOR, HAGER 190S FINISH: US32D GROUP 3: 3 EA. HINGES MCKINNEY T2714 4.5X4.5 NRP, FINISH 652 1 EA. DEADBOLT SCHLAGE B571 INDICATOR, 626 SATIN FINISH 1 EA. PUSH PLATE, 626 SATIN FINISH 1 EA. HANDLE PULL, 626 SATIN FINISH 1 EA. DOOR CLOSER SARGENT 1431 RUO EN 1 EA. 34"X12" KICK PLATE, HAGER 190S FINISH: US32D GROUP 4: 3 EA. HINGES MCKINNEY T2714 4.5X4.5 NRP, FINISH 652 1 EA. LOCKSET SCHLAGE L9453 ENTRANCE LOCK SCHLAGE 06 STANDARD HANDLE SATIN FINISH FULL FACE, ESCUTCHLE0N L583-363 EZ TURN 1 EA. FLUSH BOLT IVES FB31P 1 EA. LATCH GUARD, STAINLESS STEEL, 7" 1 EA. THRESHOLD PEMKO 175A-72 1 EA. DOOR SHOE PEMKO 211APK 1 EA. DOOR SEAL PS074, BLACK 1 EA. KICK DOWN IVES FS555 5" BLACK PAINTED GROUP 5: 3 EA. HINGES MCKINNEY T2714 4.5 X 4.5 NRP, US26D FINISH 1 EA. LOCKSET SCHLAGE L9453 ENTRANCE LOCK SCHLAGE 06 STANDARD HANDLE SATIN FINISH FULL FACE, ESCUTCHLE0N L583-363 EZ TURN 1 EA. THRESHOLD PEMKO 175A-72 1 EA. DOOR SHOE PEMKO 211APK 1 EA. DOOR VENT 24"x12" MIN. 1 EA. KICK DOWN IVES FS555 5" BLK FINISH GROUP 6: 2 EA. HINGES MCKINNEY T2714 4.5 X 4.5 NRP, US26D FINISH 1 EA. SCHLAGE JD60630 SINGLE CYLINDER DEAD BOLT 1 EA. DOOR SEAL PS074, BLACK 2 NO T TO SCALE WALL ASSEMBLY TYPES
C
D 2X6 STUDS @ 16" O.C. 1/2" PLYWOOD, BOTH SIDES SMOOTH FRP PANEL, BOTH SIDES 2X4 STUDS @ 16" O.C. 1/2" PLYWOOD, ONE SIDE SMOOTH FRP PANEL, ONE SIDE A 2X6 STUDS @ 16" O.C. 1/2" PLYWOOD, COORDINATE W/ STRUCTURAL, BOTH SIDES SMOOTH FRP PANEL, INTERIOR WEATHER RESISTIVE BARRIER (TYVEK OR SIM.) EXTERIOR SIDING, SEE EXTERIOR ELEVATIONS B 2X4 STUDS @ 16" O.C. 1/2" PLYWOOD, COORDINATE W/ STRUCTURAL, BOTH SIDES WEATHER RESISTIVE BARRIER (TYVEK OR SIM.) EXTERIOR SIDING, SEE EXTERIOR ELEVATIONS E BATT INSULATION BATT INSULATION 2X4 STUDS @ 16" O.C. 1/2" PLYWOOD, COORDINATE W/ STRUCTURAL WEATHER RESISTIVE BARRIER (TYVEK OR SIM.) EXTERIOR SIDING, SEE EXTERIOR ELEVATIONS R-13 SOUND BATT INSULATION @ RR A1 2X6 STUDS @ 16" O.C. 1/2" PLYWOOD, COORDINATE W/ STRUCTURAL, BOTH SIDES SMOOTH FRP PANEL, OVER 5/8" TYP 'X' GYP. BD. TO DECK AT INTERIOR 5/8" TYPE 'X' GYP. BD. TO CEILING AT ELEC. ROOM BATT INSULATION 1 HR RATED WALL. SEE WALL SECTION 2/A7.1 FOR ADDITIONAL INFO. UL DESIGN U305 F 1/2" PLYWOOD, BOTH SIDES 2X6 STUDS @ 16" O.C. 2X4 STUDS @ 24" O.C. WEATHER RESISTIVE BARRIER (TYVEK OR SIM.) EXTERIOR SIDING, SEE EXTERIOR ELEVATIONS SMOOTH FRP PANEL, ONE SIDE 2'-8" MIN. CLEAR FOR 90° SWING DOOR MIN. 3'-0" DOOR FOR 90° SWING DOOR 24" MIN. CLR. PULL SIDE 12" MIN CLR. PUSH SIDE 4'-8" MIN CLR. FOR DOOR ON PULL SIDE 4'-2" MIN CLR. FOR DOOR ON PUSH SIDE 2'-10" MIN. DOOR FOR FULL SWING DOOR FOR WALL LOCATION SEE PLAN PLAN NOTES 1. 36" Ø FOUNDATION SONO TUBE (OR SIM.) BLOCK OUT, TYP. 2. PROVIDE PLYWOOD SHEATHING ABOVE COOLER 3. PAINT DOOR AND FRAME PT-2, BOTH SIDES 4. LINE OF AWNING ABOVE 5. LINE OF FRAMED CANOPY ABOVE 6. G.C. TO INSTALL FF-2 UNDER ALL EQUIPMENT FOR EASY CLEANING, HATCHED AREAS TO RECEIVE SMOOTH TILE 7. PROVIDE 2X BLOCKING AT HAND SINK 2" 2" 2" 2" 2"
2" 2"
2" 2" 2"
2" 2"
3 4 FINISH SCHEDULE ID TAG FINISH DESCRIPTION MANUFACTURER MODEL REMARKS FLOOR FF-1 FLOOR TILE -TEXTURED BEDROSIANS 6"x 6" DOTTI ANTHRACITE R12 - DIAMOND TEXTURED PRODUCTION AREA FIELD TILE FF-2 FLOOR TILE - SMOOTH BEDROSIANS 6"x 6" DOTTI ANTHRACITE MATT R9 - SMOOTH INSTALLED UNDER COUNTERTOPS & EQUIPMENT; REFER TO NOTE PLAN NOTE 6 EPOXY GROUT LATICRETE IG 2000 IND. EPOXY GROUT #2 KIT BLACK JOB PACK STRECTRALOCK IG 2000 PART A/B EPOXY GROUT STECTRALOCK PART C COLOR PACKET PERMACOLOR GROUT BOND COAT LATICRETE 4-XLT GRAY CAULKING LATICRETE LATASIL CAULKING WATERPROOFING LATICRETE HYDRO BAN WATERPROOF/ANTIFRACTURE WALL WF-1 (FRP) FIBERGLASS REINFORCED PANEL MARLITE S 100G - 4'x 10' PANELS COLOR: WHITE; PROVIDE ALL NECESSARY TRIM PIECES WF-2 CDX 1/2" COLOR: OUTDOOR LATEX WHITE PAINT BASEBF-1 WALL BASE - COVE BEDROSIANS 4" x 8" SMOOTH COVE - ANTHRACITE SANITARY COVE CEILING CLG-1 VINYL FACED ACT USG SHEETROCK BRAND LAY-IN CEILING PANEL - 3260 FLAT WHITE; SMOOTH CLG-2 FRP OVER 1/2" CDX MARLITE S 100G - 4'x 10' PANELS COLOR: WHITE; PROVIDE ALL NECESSARY TRIM PIECES; PROVIDE ADHESIVE & PAN HEAD SCREWS AT 24" O.C., E.W. PAINT PT-1 DB LIGHT GRAY SHERWIN WILLIAMS 8656-12046 - BLDG DB LIGHT GRAY REFER TO S.W. PAINT SPECS PT-2 DB DARK GRAY SHERWIN WILLIAMS 8656-11295 - BLDG DB DARK GRAY REFER TO S.W. PAINT SPECS PT-3 DB BLUE SHERWIN WILLIAMS 8656-12045 - BLDG DB BLUE REFER TO S.W. PAINT SPECS PT-4 SHERWIN WILLIAMS SW-7006 - EXTRA WHIE SEMI GLOSS GUARDS CG CORNER GUARD AIS INDUSTRIES CUSTOM 120" LONG W/ 2" WINGS, DRILLED, 90° SHARP CORNER, BRUSHED FINISH WG WALL GUARD AIS INDUSTRIES CUSTOM 48" WIDE, WRAP FROM SERVICE WINDOW SILL TO TOP OF COVE BASE, BRUSHED FINSIH

NOT USED
2'-10" 3'-7" MAX. A.F.F. 3'-6" 6" 3'-0"
7'-0"
7'-0" 6" 2'-6" 3'-6"
7'-0" 3'-0"
7'-0" 3'-0"
3'-0" 2'-0" A.F.F. 3'-0"
7'-0"
2'-10" 3'-7" MAX. A.F.F. 5" 2'-2" 5" PUSH BAR @ INTERIOR 34"-48"

PER ADA DOOR SCHEDULE
# SIZE TYPE GLASS MATERIAL HARDWARE NOTES: WIDTH HEIGHT DR. FR. DR. FR. 01 3'-6" 7'-0" A 1 TEMP. HM HMD GROUP 1 A,B,C,D,E,F 02 3'-0" 7'-0" B 2 TEMP. HM HMD GROUP 2 A,B,C,D,E,F 03 3'-0" 7'-0" C 2 - HM HMD GROUP 3 B,D,F 04 3'-6" 7'-0" D 1 - HM HMD GROUP 4 B 05 3'-0" 7'-0" E 2 - HM HMD GROUP 5 B 06 3'-0" 3'-0" F 3 - HM HMD GROUP 6 B NOTES: HM: HOLLOW METAL, 16 GA. HMD: HOLLOW METAL WELDED & DIMPLED A ENSURE EMERGENCY HARDWARE IS IN WORKING CONDITION. B DOOR & FRAME SHALL BE PAINT GRADE & PAINTED DUTCH BROS DARK GRAY. C DOOR TO HAVE SIGN POSTED ABOVE THAT STATES: "THIS DOOR TO REMAIN UNLOCKED WHILE BUILDING IS OCCUPIED." D CLOSER SHALL BE BOLTED THROUGH DOOR LEAF & ARM MOUNTED USING HEAD-JAMB MOUNT. E PROVIDE ADA COMPLIANT THRESHOLD SET IN SILICONE SEALANT.

F THE FORCE FOR PUSHING OR PULLING OPEN INTERIOR SWINGING EGRESS DOORS, OTHER THAN FIRE DOORS, SJHALL NOT EXCEED 5 LBS. THESE FORCES DO NOT APPLY TO THE FORCE REQUIRED TO RETRACT LATCH BOLTS OR DISENGAGE OTHER DEVICES THAT HOLD THE DOOR IN A CLOSED POSITION. FOR OTHER SWINGING DOORS, THE DOOR LATCH SHALL RELEASE WHEN SUBJECTED TO A 15 LB FORCE. THE DOOR SHALL BE SET IN MOTION WHEN SUBJECTED TO A 30 LB FORCE. THE DOOR SHALL SWING TO A FULL-OPEN POSITION WHEN SUJECTO TO A 15 LB FORCE PER IBC 1010.1.3 NOTES: - STOREFRONT WINDOW SYSTEMS SHALL HAVE A CLEAR ANODIZED ALUMINUM FACTORY FINISH - ALL GLAZING SHALL BE TEMPERED GLASS PER SPECS ON SHEET G2.3 A
B
C D E F REFER TO FLOOR PLAN FOR SLIDE DIRECTION QUIK-SERV - IFSC-4040 (LEFT & RIGHT - FULLY AUTOMATIC) B
A
A
C
CL
CL

CL C CL L CL
CL 1'-7"
CL
CL
CL CL
CL CL
CL 05
B
A
A
A
D
D 03 01 04 02
A
A C
B
F
5 CL CL
A
CL
CL A2.0 FLOOR PLAN/ DETAILS/ SCHEDULES SHEET NAME: SHEET NUMBER: REV: DATE: DESCRIPTION:

Project No: CA5501
Dutch Bros Coffee - Freestanding Store
2550 - A1 PROTOTYPE
NEC MAGNOLIA ST. & TALBERT AVE.

FOUNTAIN VALLEY, CA 92708
cARMET DAVIS NEWLOVE & ASSOCIATES, AIA ARCHITECTS 1330 OLYMPIC BLVD. SANTA MONICA, CALIFORNIA 90404 PH 310 452-5533 FAX 310 450-4742 DATE: 07/20/22 N Page 54
Attachment #1 Page 143
SCALE: 1/4" = 1'-0" REAR ELEVATION SCALE: 1/4" = 1'-0" SCALE: 1/4" = 1'-0" 1 4 1 A7.0 2 A7.0 +23'-4" B.O AWNING +10'-6" +3'-2" +0'-0" T.O. PARAPET 3 ELEVATION - WALK-UP WINDOW 3 B.O AWNING SCALE: 1/4" = 1'-0" ELEVATION - DRIVE-THRU WINDOW 12'-0" 1B 11'-6" 1A 3 A7.0 1B 4 A7.0 +23'-4" T.O. PARAPET 3 T.O. CAP +3'-2" +10'-6" +10'-6" +20'-10 1/2" +23'-4" 1A EXTERIOR FINISH SCHEDULE ID TAG MATERIAL MANUFACTURER MODEL REMARKS ZONE 1 (BODY) 1A EXTERIOR CEMENT PLASTER PPG PAINT MOMENTUM 3-COAT SYSTEM W/ ACRYLIC MEDIUM SAND FINISH; REVEALS AS SHOWN 1B EXTERIOR CEMENT PLASTER PPG PAINT HURRICANE HAZE 3-COAT SYSTEM W/ ACRYLIC MEDIUM SAND FINISH; REVEALS AS SHOWN ZONE 2 (TOWER) (Z2) 2 FIBER CEMENT SIDING NICHIHA ILLUMINATION, AWP 1818 W/ OPEN OUTSIDE CORNERS FACTORY PAINTED BLDG DB BLUE; CAP FLASHING TO MATCH BLDG DB BLUE ZONE 3 (3'-2" BASE) 3 STONE VENEER CORONADO STONE OLD WORLD LEDGE, MONARCH STONE VENEER SILL CORONADO STONE SNAPPED EDGE WAINSCOT SILL; GREY NOTE: PROVIDE 3"X2" SMOOTH DOWNSPOUTS AND ALL NECESSARY ADAPTORS AT AWNING AND CANOPY LOCATIONS; DOWNSPOUT COLOR TO MATCH BODY MATERIAL PER ELEVATION 1 A7.0 2 A7.0 3 A7.0 +5 12" FURROUT T.O. PARAPET 1 T.O. PARAPET 1 +20'-10 1/2" +20'-10 1/2" +0'-0" T.O. CAP 2 FRONT ELEVATION +0'-0" B.O CANOPY & AWNING +5 12" FURROUT 5 A7.0 T.O. SLAB T.O. PARAPET 3 T.O. PARAPET 1 T.O. SLAB T.O. SLAB T.O. CANOPY PARAPET B.O CANOPY & AWNING +10'-6" +12'-3" +23'-4" +20'-10 1/2" T.O. PARAPET 2 T.O. PARAPET 2 T.O. PARAPET 2 +3'-2" T.O. PARAPET 2 T.O. SLAB T.O. PARAPET 3 T.O. CAP +0'-0" +12'-10 1/2" +12'-10 1/2" +12'-10 1/2" XXXX STONE VENEER 3 PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 2 METAL AWNING, SEE DETAIL 2/A4.0 78" EXTERIOR CEMENT PLASTER W/ MEDIUM SAND FINISH, TYP. 1A STONE VENEER 3 LED MENU BOARD EQ21 PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 1A STAINLESS STEEL SERVICE TRAY, DUTCH BROS FURNISHED, CONTRACTOR INSTALLED. METAL AWNING, SEE DETAIL 2/A4.0 78" EXTERIOR CEMENT PLASTER W/ MEDIUM SAND FINISH, TYP. 1A 3X2 METAL DOWNSPOUT W/ SHEET METAL COLLECTOR AS REQUIRED; REFER TO A3.1 & A4.0 FOR ADDITIONAL INFORMATION 3X2 METAL DOWNSPOUT W/ SHEET METAL COLLECTOR AS REQUIRED; REFER TO A3.1 & A4.0 FOR ADDITIONAL INFORMATION METAL AWNING, SEE DETAIL 2/A4.0 METAL AWNING, SEE DETAIL 2/A4.0 PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 1B OVERFLOW DOWNSPOUT, COORD. W/ PLUMBING. PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 1B FIBER CEMENT SIDING SYSTEM 2 FIBER CEMENT SIDING SYSTEM2 PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 2 PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 1A STONE VENEER 3 PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 2 78" EXTERIOR CEMENT PLASTER W/ MEDIUM SAND FINISH, TYP. 1B PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 1B 78" EXTERIOR CEMENT PLASTER W/ MEDIUM SAND FINISH, TYP. 1A PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 1B FIBER CEMENT SIDING SYSTEM 1B 78" EXTERIOR CEMENT PLASTER W/ MEDIUM SAND FINISH, TYP. 1A PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 1A FIBER CEMENT SIDING SYSTEM2 6" STEEL PIPE BOLLARD WITH PLASTIC SLEEVE, COLOR: DUTCH BROS. BLUE ADDRESS NUMBERS: - 12" ARIAL FONT - 2" STROKE - SATIN ALUM. FINISH - VERIFY FINAL LOCATION 78" EXTERIOR CEMENT PLASTER W/ MEDIUM SAND FINISH, TYP. 1B METAL AWNING, SEE DETAIL 2/A4.0 PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 1B 6" STEEL PIPE BOLLARD WITH PLASTIC SLEEVE, COLOR: DUTCH BROS. BLUE LED MENU BOARD EQ21 PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 2 FIBER CEMENT SIDING SYSTEM 2 3X2 METAL DOWNSPOUT W/ SHEET METAL COLLECTOR AS REQUIRED; REFER TO A3.1 & A4.0 FOR ADDITIONAL INFORMATION WALL MOUNTED LIGHT FIXTURE 78" EXTERIOR CEMENT PLASTER W/ MEDIUM SAND FINISH, TYP. 1B LOCK BOX KEY EQ34 METAL AWNING, SEE DETAIL 2/A4.0 WALL HYDRANT P16 COORD. W/ PLUMBING LED MENU BOARD EQ21 3X2 METAL DOWNSPOUT W/ SHEET METAL COLLECTOR AS REQUIRED; REFER TO A3.1 & A4.0 FOR ADDITIONAL INFORMATION A6.0 BUILDING ELEVATIONS SHEET NAME: SHEET NUMBER: REV: DATE: DESCRIPTION:

Project No: CA5501
Dutch Bros Coffee - Freestanding Store
2550 - A1 PROTOTYPE
NEC MAGNOLIA ST. & TALBERT AVE.

FOUNTAIN VALLEY, CA 92708 cARMET DAVIS NEWLOVE & ASSOCIATES, AIA ARCHITECTS 1330 OLYMPIC BLVD. SANTA MONICA, CALIFORNIA 90404 PH 310 452-5533 FAX 310 450-4742 DATE: 08/18/22

Attachment #1 Page 144
SCALE: 1/4" = 1'-0" REAR ELEVATION SCALE: 1/4" = 1'-0" SCALE: 1/4" = 1'-0" 1 4 1 A7.0 2 A7.0 +23'-4" B.O AWNING +10'-6" +3'-2" +0'-0" T.O. PARAPET 3 ELEVATION - WALK-UP WINDOW 3 B.O AWNING SCALE: 1/4" = 1'-0" ELEVATION - DRIVE-THRU WINDOW 12'-0" 1B 11'-6" 1A 3 A7.0 1B 4 A7.0 +23'-4" T.O. PARAPET 3 T.O. CAP +3'-2" +10'-6" +10'-6" +20'-10 1/2" +23'-4" 1A EXTERIOR FINISH SCHEDULE ID TAG MATERIAL MANUFACTURER MODEL REMARKS ZONE 1 (BODY) 1A EXTERIOR CEMENT PLASTER PPG PAINT MOMENTUM 3-COAT SYSTEM W/ ACRYLIC MEDIUM SAND FINISH; REVEALS AS SHOWN 1B EXTERIOR CEMENT PLASTER PPG PAINT HURRICANE HAZE 3-COAT SYSTEM W/ ACRYLIC MEDIUM SAND FINISH; REVEALS AS SHOWN ZONE 2 (TOWER) (Z2) 2 FIBER CEMENT SIDING NICHIHA ILLUMINATION, AWP 1818 W/ OPEN OUTSIDE CORNERS FACTORY PAINTED BLDG DB BLUE; CAP FLASHING TO MATCH BLDG DB BLUE ZONE 3 (3'-2" BASE) 3 STONE VENEER CORONADO STONE OLD WORLD LEDGE, MONARCH STONE VENEER SILL CORONADO STONE SNAPPED EDGE WAINSCOT SILL; GREY NOTE: PROVIDE 3"X2" SMOOTH DOWNSPOUTS AND ALL NECESSARY ADAPTORS AT AWNING AND CANOPY LOCATIONS; DOWNSPOUT COLOR TO MATCH BODY MATERIAL PER ELEVATION 1 A7.0 2 A7.0 3 A7.0 +5 12" FURROUT T.O. PARAPET 1 T.O. PARAPET 1 +20'-10 1/2" +20'-10 1/2" +0'-0" T.O. CAP 2 FRONT ELEVATION +0'-0" B.O CANOPY & AWNING +5 12" FURROUT 5 A7.0 T.O. SLAB T.O. PARAPET 3 T.O. PARAPET 1 T.O. SLAB T.O. SLAB T.O. CANOPY PARAPET B.O CANOPY & AWNING +10'-6" +12'-3" +23'-4" +20'-10 1/2" T.O. PARAPET 2 T.O. PARAPET 2 T.O. PARAPET 2 +3'-2" T.O. PARAPET 2 T.O. SLAB T.O. PARAPET 3 T.O. CAP +0'-0" +12'-10 1/2" +12'-10 1/2" +12'-10 1/2" XXXX STONE VENEER 3 PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 2 METAL AWNING, SEE DETAIL 2/A4.0 78" EXTERIOR CEMENT PLASTER W/ MEDIUM SAND FINISH, TYP. 1A STONE VENEER 3 LED MENU BOARD EQ21 PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 1A STAINLESS STEEL SERVICE TRAY, DUTCH BROS FURNISHED, CONTRACTOR INSTALLED. METAL AWNING, SEE DETAIL 2/A4.0 78" EXTERIOR CEMENT PLASTER W/ MEDIUM SAND FINISH, TYP. 1A 3X2 METAL DOWNSPOUT W/ SHEET METAL COLLECTOR AS REQUIRED; REFER TO A3.1 & A4.0 FOR ADDITIONAL INFORMATION 3X2 METAL DOWNSPOUT W/ SHEET METAL COLLECTOR AS REQUIRED; REFER TO A3.1 & A4.0 FOR ADDITIONAL INFORMATION METAL AWNING, SEE DETAIL 2/A4.0 METAL AWNING, SEE DETAIL 2/A4.0 PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 1B OVERFLOW DOWNSPOUT, COORD. W/ PLUMBING. PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 1B FIBER CEMENT SIDING SYSTEM 2 FIBER CEMENT SIDING SYSTEM2 PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 2 PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 1A STONE VENEER 3 PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 2 78" EXTERIOR CEMENT PLASTER W/ MEDIUM SAND FINISH, TYP. 1B PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 1B 78" EXTERIOR CEMENT PLASTER W/ MEDIUM SAND FINISH, TYP. 1A PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 1B FIBER CEMENT SIDING SYSTEM 1B 78" EXTERIOR CEMENT PLASTER W/ MEDIUM SAND FINISH, TYP. 1A PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 1A FIBER CEMENT SIDING SYSTEM2 6" STEEL PIPE BOLLARD WITH PLASTIC SLEEVE, COLOR: DUTCH BROS. BLUE ADDRESS NUMBERS: - 12" ARIAL FONT - 2" STROKE - SATIN ALUM. FINISH - VERIFY FINAL LOCATION 78" EXTERIOR CEMENT PLASTER W/ MEDIUM SAND FINISH, TYP. 1B METAL AWNING, SEE DETAIL 2/A4.0 PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 1B 6" STEEL PIPE BOLLARD WITH PLASTIC SLEEVE, COLOR: DUTCH BROS. BLUE LED MENU BOARD EQ21 PRE-FINISHED PARAPET CAP FLASHING, COLOR TO MATCH 2 FIBER CEMENT SIDING SYSTEM 2 3X2 METAL DOWNSPOUT W/ SHEET METAL COLLECTOR AS REQUIRED; REFER TO A3.1 & A4.0 FOR ADDITIONAL INFORMATION WALL MOUNTED LIGHT FIXTURE 78" EXTERIOR CEMENT PLASTER W/ MEDIUM SAND FINISH, TYP. 1B LOCK BOX KEY EQ34 METAL AWNING, SEE DETAIL 2/A4.0 WALL HYDRANT P16 COORD. W/ PLUMBING LED MENU BOARD EQ21 3X2 METAL DOWNSPOUT W/ SHEET METAL COLLECTOR AS REQUIRED; REFER TO A3.1 & A4.0 FOR ADDITIONAL INFORMATION A6.1 BUILDING ELEVATIONS COLOR SHEET NAME: SHEET NUMBER: REV: DATE: DESCRIPTION:

Project No: CA5501
Dutch Bros Coffee - Freestanding Store
2550 - A1 PROTOTYPE
NEC MAGNOLIA ST. & TALBERT AVE.

FOUNTAIN VALLEY, CA 92708 cARMET DAVIS NEWLOVE & ASSOCIATES, AIA ARCHITECTS 1330 OLYMPIC BLVD. SANTA MONICA, CALIFORNIA 90404 PH 310 452-5533 FAX 310 450-4742 DATE: 08/18/22

Attachment #1 Page 145
TRASH ENCLOSURE PLAN SCALE: 1/2" = 1'-0" 1 TRASH ENCLOSURE SIDE ELEVATION SCALE: 1/2" = 1'-0" 3 TRASH ENCLOSURE FRONT ELEVATION SCALE: 1/2" = 1'-0" 2 TRASH ENCLOSURE REAR ELEVATION SCALE: 1/2" = 1'-0" 4 TRASH ENCLOSURE GENERAL NOTES: 1. REFER TO STRUCTURAL FOR MASONRY, CONCRETE, STRUCTURAL STEEL AND REINFORCING STEEL FOR SPECIFICATIONS. 2. PROVIDE LOCKING MECHANISM ON MAIN DOORS AND PEDESTRIAN DOOR 3. PROVIDE SITE LIGHTING AT TRASH ENCLOSURE. MIN. 5 FOOT CANDLE. 4. GATE TO BE BUILT WITH 1-1/2" SQUARE STEEL TUBING WITH ALL JOINTS FULLY WELDED TOGETHER AND 1 CROSS MEMBER PER GATE. FRAME TO BE PRIMED AND PAINTED BLACK IN COLOR. 5. ALL CONCRETE TO BE MIN. 3000 PSI IN 28 DAYS. 6. REFER TO STRUCTURAL DRAWINGS FOR SPECIFICATIONS (GENERAL NOTES) AND TYPICAL DETAILS FOR MASONRY, CONCRETE, STRUCTURAL STEEL AND REINFORCING STEEL. 3" x 2" x 1/4" STD. STEEL ANGLE WELD ALL JOINTS & GRIND SMOOTH 18 GA METAL DECK; PER PLAN TS 3" x 2" x 1/4" STD STEEL, WELD ALL JOINTS & GRIND SMOOTH ROUND CONCRETE TOP, PAINT PER PLAN 6" DIA GALVANIZED PIPE GATE POST, FILL SOLID WITH CONCRETE, PAINT PER PLAN (3) GALVANIZED STEEL HINGE COLLARS W/ GREASE FITTINGS WELD TO GATE ANGLE FRAMING PAINT PER PLAN 3" X 1/4" STEEL PLATE WELDED TO METAL DECK (3) STEEL HINGE COLLARS W/ GREASE FITTING; WELD TO GATE ANGLE FRAMING; PAINT PER PLAN TS INTERMEDIATE 3" x 2" x 1/4" STD. STEEL FRAME; WELD ALL JOINTS GRIND SMOOTH (3) STEEL HINGE RETAIN SLEEVE WELDED TO STEEL GATE POST 1/2" EXPANSION JOINT CONCRETE DUMPSTER PAD OVER GAVEL SLOPE TO DRAIN; REFER TO STRUCTURAL SHEETS (2) 6" DIA GALVANIZED PIPE GATE POST FILL SOLID W/ CONCRETE EMBED 3'-0" INTO CONC. FTG. W/ 5/8" DIA. X 6" ANCHOR; PAINT PER PLAN 3" x 2" x 1/4" STD. STEEL ANGLE, WELD ALL JOINTS & GRIND SMOOTH TS 3" x 2" x 1/4" STD STEEL, WELD ALL JOINTS & GRIND SMOOTH (3) STEEL HINGE COLLARS W/ GREASE FITTINGS, WELD TO GATE ANGLE FRAMING, PAINT PER PLAN METAL SIDING, PAINT PER PLAN CMU, PER PLAN W/ SOLID GROUT & REINFORCING PER STRUCTURAL 6" DIA HSS GATE POST, FILL SOLID WITH CONCRETE, EMBED 2'-0" INTO CONC. FTG. W/ 5/8" DIA. X 6" ANCHOR; PAINT PER PLAN 3" x 2" x 1/4" STD. STEEL ANGLE, WELD ALL JOINTS & GRIND SMOOTH; PAINT PER PLAN TS 3" x 2" x 1/4" STD STEEL, WELD ALL JOINTS & GRIND SMOOTH; PAINT PER PLAN (3) STEEL HINGE COLLARS W/ GREASE FITTINGS, WELD TO GATE ANGLE FRAMING, PAINT PER PLAN 1" METAL SIDING; PAINT PER PLAN 7/8" STEEL ROD SLIDE STOP TAB PRE-MANUFACTURED METAL GATE HANDLE 1 1/2" X 1/4" FLAT STOCK LOCK TAB FINISH GRADE 6'-0" T.O. WALL 8"x8"x16" SPLIT FACE CONC. BLOCK - SOLID GROUT CELLS w/ #4 @ 24" VERTICAL @ ℄ AND #4 @ 24" HORIZ. PER STRUCT. CALCS GROUT SOLID BELOW GRADE, TYP. 4" 3000 PSI CONC. SLAB #4 @ 16" O.C. TYP. 1'-6" 2'-6" #4 @ 24" O.C. TYP. (ALT. BEND) 32" LAP 2 - #4 CONT. TRASH ENCLOSURE SECTION SCALE: 1/2" = 1'-0" 9 5 TRASH ENCLOSURE GATE JAMB DETAIL SCALE: 1-1/2" = 1'-0" TRASH ENCLOSURE GATE JAMB DETAIL SCALE: 1-1/2" = 1'-0" 10 6 TRASH ENCLOSURE GATE JAMB DETAIL SCALE: 1/2" = 1'-0" TRASH ENCLOSURE GATE LOCKING HANDLE SCALE: 1-1/2" = 1'-0" 7 1'-6" 3'-0" MIN.
1'-0" 2'-0"
2" CONCRETE CAP 6" DIAMETER STD. GALV. STEEL PIPE FILLED w/ CONCRETE SLOPED CONCRETE BASE CONCRETE FOOTING, REFER TO STRUC. FOR REINFORCEMENT 3'-0"INCREASE DEPTH WHERE FROST DEPTH EXCEEDS 3'-0". REFER TO STRUC. FOR FROST DEPTH. BOLLARD DETAIL SCALE: 1/2" = 1'-0" 8 HSS GATE POST PAINT PER PLAN PEDESTRIAN ACCESS DOOR, W/ CORRUGATED METAL, PAINTED PER PLAN PROVIDE SIMILAR LOCKING MECHANISM TO MAIN GATE TRASH ENCLOSURE MATERIALS ID MATERIAL MANUFACTURER COLOR NOTES 3 SPLIT FACE 8X8X16 MUTUAL MATERIALS/WILLAMETTE STONE CHARCOAL IF INTEGRAL COLOR BLOCK IS UNAVAILABLE, BLOCK TO BE STAINED TO MATCH CMU CAP MUTUAL MATERIALS/WILLAMETTE STONE CHARCOAL 12X16X2 PT-2 PAINT SHERWIN-WILLIAMS 8656-11295 - BLDG DB DARK GRAY BLDG DB DARK GRAY, GATES BODY PT-3 PAINT SHERWIN-WILLIAMS 8656-12045 - BLDG DB BLUE BLDG DB BLUE, GATE FRAMES & POSTS 3 5'-6" 24'-0" 6A9.0 10 A9.0 4'-6" 5'-6" 3'-10" CL CL CL CL 2 A9.0 4 A9.0
7'-0" 8 1/2" 3'-1" x 5'-2" PEDESTRIAN ACCESS GATE, W/ 4" HSS POSTS, FILLED W/ CONC., EMBED 36" INTO CONC. FTG. DUMPSTER BY GARBAGE SERVICE PROVIDER 6"H x 6"W CONC. CURB AT SIDES OF TRASH ENCLOSURE, TYP. 4" THICK, 3000 P.S.I. CONCRETE SLAB WITH 6x6-W1.4x1.4 STL. MESH 6" METAL BOLLARD FILLED W/ CONC. PROVIDE METAL SLEEVES IN CONC. APRON FOR GATE CANE ANCHORS, TYP. 4" THICK, 3000 P.S.I. CONCRETE SLAB WITH 6x6-W1.4x1.4 STL. MESH (2) 5'-4" x 5'-8" STEEL GATES, W/ 6" DIA. HSS GATE POST, FILLED W/ CONC.; EMBED 36" INTO CONC. FTG. PROVIDE METAL SLEEVES IN CONC. APRON FOR GATE CANE ANCHORS, TYP. PROVIDE METAL SLEEVES IN CONC. APRON FOR GATE CANE ANCHORS, TYP. SIM. CL CL 9 A9.0 TYP. 6" STEP 5'-4" C 4'-0" L
8" 10 A9.0 3 A9.0
1" (2) 5'-4" x 5'-8"
STEEL GATES, W/ 6" DIA. HSS GATE POST,
FILLED W/ CONC.; EMBED 36" INTO CONC. FTG. 3
1'-6" TYP. 1'-6" TYP.6'-8" 10'-6"
11'-4" 12'-0"
6'-0" T.O. WALL CONC.CURB PER CIVIL DWGS. 6" DIA. HSS GATE POST FILL SOLID w/ CONCRETE, EMBED 3'-0" INTO CONC. FTG. W/ 5/8" Ø x 6" ANCHOR, PAINT PER PLAN 6" DIA. HSS GATE POST FILL SOLID w/ CONCRETE, EMBED 3'-0" INTO CONC. FTG. W/ 5/8" DIA. x 6" ANCHOR, PAINT PER PLAN 3 6"H x 6"W CONC. CURB AT SIDES OF TRASH ENCLOSURE, TYP. 7A9.0 3/4" PIPE SET INTO CONC. SLAB, 12" DEEP 1/2" DIA. x 24"L CANE BOLT LATCH RODS CANE BOLT "HOLD-OPEN" TABS SLOPE: 1/8" PER FOOT
6'-0" T.O. WALL 3 CORRUGATED METAL PAINTED PER PLAN (3) 3"X1/4" STEEL PLATES WELDED TO METAL DECK TRASH ENCLOSURE PLAN/ ELEVATIONS A9.0 SHEET NAME: SHEET NUMBER: REV: DATE: DESCRIPTION:

Project No: CA5501
Dutch Bros Coffee - Freestanding Store
2550 - A1 PROTOTYPE
NEC MAGNOLIA ST. & TALBERT AVE.

FOUNTAIN VALLEY, CA 92708 cARMET DAVIS NEWLOVE & ASSOCIATES, AIA ARCHITECTS 1330 OLYMPIC BLVD. SANTA MONICA, CALIFORNIA 90404 PH 310 452-5533 FAX 310 450-4742 DATE: 07/20/22

Attachment #1 Page 146

DO NOT ENTER
STOP DUTCH BROS COFFEE 950 SQ. FT. ESCAPE LANE
ELEC. RISER
W
L7 @ 10'
L7 @ 10'
L7 @ 10'
L6 @ 8'
L6 @ 8'
L7 @ 10'
L7 @ 10'
L7 @ 10'
S1-T3-60 @ 20'
S1-T3-75 @ 20'
S1-T3-75 @ 20' S1-T3-75 @ 20'
S1-T3-60 @ 20'
S1-T3-60 @ 20'
S2-T3-40 @ 20'
S2-T3-40 @ 20'
S2-T3-40 @ 20'
S2-T3-40 @ 20'
S2-T3-40 @ 20'
S2-T3-40 @ 20'
S1-T3-60 @ 20'
S1-T3-60 @ 20'
S1-T3-60 @ 20'
S1-T3-60 @ 20'

3.3 4.2

3.6 2.7

2.9 3.8

4.3 3.4

2.4 2.1

2.6 3.6

3.9 2.1

2.2 3.0

3.7 3.2

2.6 2.7

3.5 3.8

3.1 2.3

2.1 2.5

3.2 3.4

3.2 2.1

2.3 2.6

2.4 2.1

2.2 2.5

2.7 2.4

2.0 1.9

2.0 2.3

2.3 4.7

2.2 1.8

1.9 1.9

1.9 1.9

2.0 2.0

2.0 1.9

1.8 1.8

1.8 1.6

3.7 2.0

1.7 1.8

1.9 1.9

1.9 1.8

1.9 2.1

2.1 2.1

2.0 1.8

1.5 2.5

1.7 1.7

2.1 2.5

2.5 2.3

2.0 2.3

2.6 2.8

2.9 2.7

2.4 1.8

2.2 1.7

1.9 2.8

3.7 3.8

3.0 2.4

3.1 3.9

4.3 4.4

4.2 3.7

2.5 2.2

1.9 2.1

2.9 5.1

5.2 3.2

2.9 3.9

5.4 5.8

5.9 5.9

5.1 2.9

2.4 2.1

2.2 3.3

4.6 4.7

3.5 2.8

3.8 5.3

5.8 5.7

5.6 4.8

3.0 2.9

2.4 2.2

2.7 3.2

3.2 2.7

2.3 3.0

3.8 4.0

4.1 3.8

3.4 2.5

3.9 3.0

2.4 2.3

2.4 2.3

2.0 2.0

2.3 2.6

2.7 2.7

2.6 2.5

2.1 5.1

3.7 2.8

2.5 2.3

2.1 1.9

2.0 2.1

2.3 2.2

2.1 2.3

2.6 2.5

4.9 3.8

3.1 2.9

2.8 2.4

2.1 2.3

2.5 2.5

2.2 2.0

2.5 3.4

3.7 3.7

3.3 3.5

4.0 4.0

3.2 2.7

3.2 3.8

3.5 2.6

2.1 2.4

4.2 5.0

2.7 2.8

3.7 5.2

5.4 4.1

2.8 4.1

5.2 4.7

3.1 2.1

2.5 3.8

4.4 2.1

2.3 3.3

4.8 5.0

3.8 3.0

3.9 4.8

4.3 2.8

1.8 1.9

2.4 2.6

1.7 1.7

2.4 3.0

3.2 2.7

2.2 2.7

3.0 2.8

2.0 1.3

1.3 1.4

1.4 3.5

2.4 1.9

1.9 2.3

4.5 7.7

9.3 12.6

14.6 5.7

3.2 2.8

2.5 2.5

2.4 2.2

2.5 3.4

4.3 5.3

5.4 3.6

2.1 2.3

2.8 3.4

3.5 1.7

2.1 3.0

4.0 1.6

2.0 2.8

1.6 2.0

2.4 3.0

2.1 2.1

2.1 2.4

3.3 3.3

3.3 3.9

4.6 3.3

3.0 2.4

2.3 3.0

3.9 3.9

3.4 3.1

3.0 3.2

3.3 4.8

3.9 2.7

2.2 2.3

2.8 3.0

3.2 3.5

3.3 2.9

2.5 3.8

2.5 1.9

1.8 2.1

2.5 3.3

4.2 4.0

2.9 0.1

0.1 0.2

0.2 0.2

0.3 0.4

0.6 1.5

3.0 3.8

3.0 1.8

1.5 2.0

0.2 0.3

0.3 0.3

0.3 0.4

0.5 1.1

3.4 11.0

15.2 9.6

3.8 0.4

0.6 0.6

0.5 0.5

0.4 0.3

1.0 4.3

17.2 24.4

13.3 7.7

1.0 1.3

1.1 0.9

0.6 0.4

15.2 2.4

2.6 2.0

1.3 0.9

0.6 9.8

2.9 4.3

3.1 2.0

1.4 1.4

2.7 9.8

21.9 23.0

10.8 4.9

4.6 4.9

3.4 2.2 1.5

4.1 3.0

2.3 3.0

4.3 3.8

1.3 4.2

3.0 2.6

3.3 3.0

4.8 1.3

4.0 4.0

3.6 3.7

4.3 5.5

1.6 3.1

4.5 4.4

3.7 3.5

3.6 2.3 3.6 4.4 3.2

3.9 3.1

4.0 2.8

2.0 5.1 5.2

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.1

0.1 0.1

0.1 0.1

0.1 0.1

0.1 0.1

0.1 0.1

0.1 0.1

0.1 0.1

0.1 0.1

0.1 0.1

0.1 0.1

0.1 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.1

0.1 0.1

0.1 0.1

0.1 0.1

0.1 0.1

0.1 0.1

0.2 0.2

0.2 0.2

0.2 0.2

0.1 0.1

0.1 0.1

0.1 0.1

0.1 0.1

0.1 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.1 0.1

0.1 0.1

0.2 0.2

0.2 0.2

0.2 0.2

0.3 0.3

0.3 0.3

0.3 0.3

0.3 0.3

0.3 0.3

0.2 0.2

0.2 0.2

0.2 0.1

0.1 0.1

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.1 0.1

0.1 0.1

0.2 0.2

0.3 0.3

0.3 0.3

0.4 0.4

0.5 0.6

0.6 0.6

0.6 0.6

0.6 0.6

0.5 0.5

0.5 0.5

0.5 0.4

0.3 0.2

0.2 0.1

0.0 0.0

0.0 0.0

0.0 0.0

0.1 0.1

0.1 0.1

0.1 0.2

0.2 0.4

0.5 0.7

0.7 0.6

0.8 1.1

1.5 1.1

1.8 1.6

1.6 1.8

2.0 1.7

1.4 1.2

1.3 1.7

1.0 1.4

0.9 0.5

0.3 0.2

0.0 0.0

0.0 0.0

0.1 0.1

0.1 0.1

0.1 0.2

0.2 0.3

0.4 0.8

1.3 1.6

1.4 1.1

1.2 1.7

2.7 2.5

3.2 2.5

2.4 3.2

2.7 3.0

2.1 2.5

1.4 0.8

0.5 0.3

0.0 0.0

0.0 0.1

0.1 3.0

1.6 0.9

0.5 0.3

0.0 0.0

0.1 0.1

0.2 2.4

1.5 0.9

0.5 0.3

0.0 0.1

0.1 0.2

0.3 1.7

1.1 0.7

0.5 0.3

0.1 0.1

0.2 0.3

0.6 1.3

0.9 0.6

0.4 0.3

0.1 0.1

0.3 0.6

1.5 1.2

0.8 0.6

0.4 0.3

0.1 0.2

0.4 1.1

2.7 1.2

0.8 0.5

0.4 0.3

0.1 0.3

0.6 1.4

2.8 1.5

0.9 0.5

0.3 0.2

0.2 0.3

0.7 1.3

2.1 1.7

0.9 0.5

0.3 0.2

0.2 0.4

0.7 1.1

1.5 1.6

0.9 0.6

0.3 0.2

0.2 0.4

0.6 0.9

1.2 1.5

1.0 0.6

0.4 0.2

0.2 0.4

0.6 0.8

1.0 1.7

1.1 0.7

0.4 0.3

0.2 0.4

0.6 0.8

1.1 2.3

1.5 0.8

0.5 0.3

0.2 0.3

0.6 0.9

1.3 3.5

2.0 1.0

0.6 0.3

0.1 0.3

0.5 1.1

1.8 3.6

2.3 1.1

0.6 0.3

0.1 0.2

0.4 1.1

2.3 3.3

1.9 0.9

0.5 0.3

0.1 0.2

0.3 0.8

2.3 2.0

1.3 0.7

0.4 0.2

0.1 0.1

0.2 0.4

1.4 1.1

0.8 0.5

0.3 0.2

0.1 0.1

0.2 0.3

0.6 1.4

1.8 1.7

1.3 1.1

1.0 1.1

1.5 2.2

2.8 2.7

2.0 1.5

1.2 1.1

1.3 1.5

1.6 1.5

1.3 1.4

1.5 1.4

1.1 0.8

0.8 0.8

0.8 0.6

0.5 0.3

0.2 0.2

0.0 0.1

0.1 0.2

0.3 0.6

0.9 0.9

0.8 0.7

0.7 0.7

0.8 1.0

0.7 1.1

1.0 0.9

0.8 0.7

0.8 1.0

1.0 0.9

0.8 0.9

0.9 0.9

0.7 0.6

0.5 0.5

0.5 0.4

0.3 0.2

0.2 0.1

0.0 0.1

0.1 0.1

0.2 0.3

0.4 0.5

0.5 0.4

0.4 0.4

0.4 0.4

0.4 0.4

0.5 0.4

0.4 0.5

0.5 0.6

0.6 0.6

0.5 0.6

0.6 0.6

0.5 0.4

0.3 0.3

0.3 0.3

0.2 0.2

0.1 0.1

0.0 0.0

0.1 0.1

0.1 0.1

0.2 0.3

0.3 0.3

0.3 0.3

0.3 0.2

0.2 0.2

0.3 0.3

0.3 0.3

0.3 0.4

0.4 0.4

0.4 0.4

0.4 0.4

0.3 0.3

0.3 0.3

0.2 0.2

0.2 0.1

0.1 0.1

0.0 0.0

0.0 0.0

0.1 0.1

0.1 0.1

0.2 0.2

0.2 0.2

0.2 0.1

0.1 0.1

0.2 0.2

0.2 0.2

0.2 0.3

0.3 0.3

0.3 0.3

0.3 0.3

0.2 0.2

0.2 0.2

0.2 0.1

0.1 0.1

0.1 0.1
E0.02

PHOTOMETRIC SITE PLAN
1 ELECTRICAL PHOTOMETRIC PLAN
SHEET NAME:

SHEET NUMBER:

REV: DATE: DESCRIPTION: Project No: CA5501 Dutch Bros Coffee - Freestanding Store 2550 - A1 PROTOTYPE NEC MAGNOLIA ST. & TALBERT AVE. FOUNTAIN VALLEY, CA 92708 c

ARMET DAVIS NEWLOVE &

ASSOCIATES, AIA ARCHITECTS
1330 OLYMPIC BLVD.

SANTA MONICA, CALIFORNIA 90404
PH 310 452-5533 FAX 310 450-4742
DATE: 08/18/22
EN*INEERIN*
400 N. McCarthy Blvd., Suite 250
[email protected] | Copyright c 2022
ph: (408)522-5255 | fx: (408)522-5260
Milpitas CA, 95035

SCHEDULE

SYMBOL LABEL QTY MANUFACTURER CATALOG NUMBER DESCRIPTION

NUMBER OF
LAMPS

LUMENS PER
LAMP

LIGHT LOSS

FACTOR WATTAGE
L6 2 RAB LIGHTING INC. WPLED26Y-WPLED26Y/D10 (WALLPACK) - ALED26Y-ALED26Y/D10 (AREA LIGHTER)

CAST FINNED METAL HOUSING, MOLDED PLASTIC

REFLECTOR WITH SEMI-SPECULAR FINISH
UNDER CANOPY, B1-U0-G1
1 3295 0.92 29.70
L7 6 SELF CROWN-7040K110SS CROWN-L144-277V 840_BA110
UNDER CANOPY, B2-U0-G2
1 6300 0.92 60
S1-T3-60 7

LEOTEK ELECTRONICS

USA, LLC
CV1-H-MV-30K-3R-GY-060-RPB 1 5763 0.92 49
S1-T3-75 3

LEOTEK ELECTRONICS

USA, LLC
CV1-H-MV-30K-3R-GY-075-RPB

GRAY FORMED ALUMINUM HOUSING, CLEAR PLASTIC

OPTICS, CLEAR PATTERNED PLASTIC LENS
ENCLOSURE; B2-U0-G1
1 7631 0.92 65.55
17'-0"
EXPOSED CONC. BASE
3'-0"

REFER TO STRUCTURAL/ARCHITECTURAL DETAIL FOR
ADDITIONAL REQUIREMENT.

NOTE:

INTERFACE OF CONDUITS

BY EACH LIGHT POLES FOR THE

BOX WITH TRAFFIC RATED COVER

PROVIDE A CONCRETE CHRISTY POLE BASE DETAIL
SCALE: N.T.S.

PER STRUCTURAL
CONC. FOOTING,

POLE LIGHTING
CONC. FOOTING,

PER STRUCTURAL
20'-0"
TOTAL HEIGHT:

S2-T3-40 6

LEOTEK ELECTRONICS

USA, LLC
CV1-H-MV-30K-3R-GY-040-RPB 1 3729 0.92 58
Statistics
Description Symbol Avg Max Min Max/Min Avg/Min
DRIVE THRU 3.3 fc 14.6 fc 1.6 fc 9.1:1 2.1:1

GENERAL

HARDSCAPE

3.7 fc 24.4 fc 0.1 fc 244.0:1 37.0:1
PARKING LOT 2.9 fc 5.9 fc 1.3 fc 4.5:1 2.2:1
TRASH ENCLOSURE 5.1 fc 5.2 fc 5.1 fc 1.0:1 1.0:1

GRAY FORMED ALUMINUM HOUSING, CLEAR PLASTIC

OPTICS, CLEAR PATTERNED PLASTIC LENS
ENCLOSURE; B1-U0-G1

GRAY FORMED ALUMINUM HOUSING, CLEAR PLASTIC

OPTICS, CLEAR PATTERNED PLASTIC LENS
ENCLOSURE; B1-U0-G1

Attachment #1

t r a n s l u t i o n s , i n c .
1 7 6 3 2 I r v i n e B o u l e v a r d , S u i t e 2 0 0 T u s t i n , C a l i f o r n i a 9 2 7 8 0
( 9 4 9 ) 6 5 6 3 1 3 1
s o l u t i o n s @ t r a n s l u t i o n s . c o m
8/2/2022 (C:\Users\sandi\Downloads\Dutch Bros - Magnolia-Talbert\Dutch Bros Queuing Analysis.docx) 1 the transportation solutions company...

August 2, 2022
Ms. Kimberly Raden, NCARB, Project Manager
Armet Davis Newlove & Associates
1330 Olympic Boulevard.

Santa Monica, CA 90404
Subject: Dutch Bros. Coffee Magnolia & Talbert Fountain Valley - Drive-Through Queuing Analysis and Trip Generation Dear Kimberly:

Translutions, Inc. (Translutions) is pleased to provide this letter discussing the trip generation and drive-through queuing analysis for the proposed 950 square-foot Dutch Bros. Coffee to be located in the existing shopping center located on the northeast corner of Magnolia Street and Talbert Avenue in the City of Fountain Valley. Specifically, this letter includes drivethrough queuing surveys at several Dutch Bros. Coffee locations in Southern California to identify the potential queues at the proposed project location.

PROJECT DESCRIPTION
The project proposes the construction of a 950 square-foot Dutch Bros. Coffee. Primary access to the shopping center is provided by driveways on Magnolia Street and Talbert Avenue. The project site plan is shown in Figure 1. The site plan also shows that there is stacking space at the drive-through window to accommodate 22 vehicles without blocking the drive aisle or any parking spaces.

TRIP GENERATION
Trip generation for the project is based on rates for Land Use 937 “Coffee/Donut Shop with Drive-Through Window” from the ITE Trip Generation, 11th Edition. Retail, fast food, and dining related uses typically attract some trips from the adjacent roadway system which are technically not new trips but trips that are already on the roadway. For example, someone traveling on a roadway sees a coffee shop and stops to purchase a cup of coffee and then continues along the original route. Such trips are called pass-by trips. In case of a coffee shop with minimal outdoor seating, a majority of the trips are expected to be pass-by trips since the coffee shop itself is not a destination. Therefore, the pass by rates for Land Use 938 “Coffee/Donut Shop With Drive-Through Window and No Indoor Seating” have been applied to the trip generation. Table A shows the project trip generation.

Table A - Project Trip Generation
A.M. Peak Hour P.M. Peak Hour
Land Use Units In Out Total In Out Total Daily
Coffee Shop with Drive-Through Window
Trip Generation Rates1 43.80 42.08 85.88 19.50 19.50 38.99 533.57 Trip Generation 0.950 TSF 42 40 82 19 18 37 507
Pass By Trips2 83% (34) (34) (68) (15) (16) (31) (421)
Total Net Trips 8 6 14 4 2 6 86
Total Net New Trip Generation 8 6 14 4 2 6 86
Notes: TSF = Thousand Square Feet
1 Trip generation based on rates for Land Use 937 - "Coffee/Donut Shop with Drive-Through Window" from Institute of Transportation Engineers' (ITE) Trip Generation (11th Edition).
2 Pass-By rates based on rates for Land Use 938 "Coffee/Donut Shop with Drive-Through Window and No Indoor Seating" from ITE Trip Generation Handbook (3rd Edition).

Attachment #1

8/2/2022 (P:\Dutch Bros Magnolia-Talbert\Queueing Analysis) 2 the transportation solutions company...

As shown in Table A, the total project is anticipated to generate 14 net new trips during the a.m. peak hour, 6 net new trips during the p.m. peak hour, and 86 net new daily trips.

DRIVE-THROUGH QUEUING ANALYSES
To determine the potential drive-through queue lengths that may be anticipated with the completion of the project, a drivethrough queuing analysis was conducted based on the survey data of three open and operating Dutch Bros. locations in Southern California. The three sites were surveyed on a weekday and weekend in February 2022 from 5:00 a.m. to 11:00 p.m.

Appendix A includes the survey data. Table C shows the observed queues at the three locations. As shown in Table C, the maximum observed queue was 22 vehicles. It should be noted that the maximum observed queue occurred from 11:30 to 11:35 a.m. and 1:05 to 1:10 p.m., which is less than 1% of the 11 hours that the store is in operation. The site plan shown in Figure 1, provides queuing space for 22 vehicles. Therefore, the project’s available storage space in the drive-through lanes is anticipated to accommodate the maximum observed queue length surveyed at the Dutch Bros. locations.

Table C: Dutch Bros. Southern California Locations Drive-Through Queues Maximum Queue Length
City Address Weekday Weekend
Apple Valley1 21690 Bear Valley Road 15 22
La Quinta1 44175 Jefferson Street 14 20
Indio1 81776 CA 111 15 14
Maximum Queue Length 22
1 Drive-Through queues based on the survey data collected at 3 Dutch Bros. locations in Southern California in February 2022 by Counts Unlimited.

SUMMARY AND CONCLUSIONS
The proposed Dutch Bros. Coffee will include 950 square feet. The project is anticipated to generate 14 net new trips during the a.m. peak hour, 6 net new trips during the p.m. peak hour, and 86 net new daily trips. The project provides a drive-through stacking for more than 22 vehicles, which would accommodate the maximum queues at the Dutch Bros. locations.

We hope you will find this information helpful. Should you have any questions, please don’t hesitate to call me at (949) 656-3131 or by email at [email protected].

Sincerely,
translutions, Inc.

Sandipan Bhattacharjee, P.E., T.E., AICP, ENV SP
Principal Exp. 03-31-24
No. C81872

C I V I L

STATE O F CA LIFORNIA
Exp. 03-31-24
No. 2847

TRAFFIC

STATE O F CA LIFORNIA

Attachment #1

FIGURE 1
Dutch Bros Coffee
Site Plan
the transportation solutions company...

C:\Users\sandi\Downloads\Dutch Bros - Magnolia-Talbert\Z30 Prelim Plan Portrait.xlsx (8/2/2022) Page 61 Attachment #1

8/2/2022 (P:\Dutch Bros Magnolia-Talbert\Queueing Analysis) 3 the transportation solutions company...

ATTACHMENT A

Attachment #1

LOCATION:  Dutch Bros, 21690 Bear Valley Rd DAY:  Tuesday CITY:  Apple Valley DATE:  2/1/2022
TIME PickUp Window
To Order Board
Order Board
to DT Entrance
DT Entrance
into Street TOTAL
5:00 1 0 0 1
5:05 2 0 0 2
5:10 0 0 0 0
5:15 0 0 0 0
5:20 0 0 0 0
5:25 1 0 0 1
5:30 3 1 0 4
5:35 4 1 0 5
5:40 3 0 0 3
5:45 2 0 0 2
5:50 3 0 0 3
5:55 2 0 0 2
6:00 1 0 0 1
6:05 1 0 0 1
6:10 4 0 0 4
6:15 1 0 0 1
6:20 1 1 0 2
6:25 3 1 0 4
6:30 4 1 0 5
6:35 3 2 0 5
6:40 4 3 0 7
6:45 4 3 0 7
6:50 6 3 0 9
6:55 5 4 0 9
7:00 5 2 0 7
7:05 6 5 0 11
7:10 6 9 0 15
7:15 5 7 0 12
7:20 5 9 0 14
7:25 4 7 0 11
7:30 5 4 0 9
7:35 6 6 0 12
7:40 6 8 0 14
7:45 6 4 0 10
7:50 3 2 0 5
7:55 2 4 0 6
8:00 6 9 0 15
8:05 5 9 0 14
8:10 5 9 1 15
8:15 6 9 0 15
8:20 6 6 0 12
8:25 6 5 0 11
8:30 5 6 0 11
8:35 5 6 0 11
8:40 5 3 0 8
8:45 5 7 0 12
8:50 5 7 0 12
8:55 5 3 0 8
9:00 5 1 0 6
9:05 3 1 0 4
9:10 2 4 0 6
9:15 4 4 0 8
9:20 5 6 0 11
9:25 4 5 0 9
9:30 4 3 0 7
9:35 5 2 0 7
9:40 4 5 0 9
9:45 5 5 0 10
9:50 6 5 0 11
9:55 5 1 0 6
10:00 3 1 0 4
10:05 3 2 0 5
10:10 4 3 0 7
10:15 4 2 0 6
10:20 3 2 0 5
10:25 4 4 0 8
10:30 5 5 0 10
10:35 4 3 0 7
10:40 1 2 0 3
10:45 3 2 0 5
10:50 3 2 0 5
10:55 4 0 0 4
11:00 2 1 0 3
11:05 2 2 0 4
11:10 2 2 0 4
11:15 4 2 0 6
11:20 3 1 0 4
11:25 3 0 0 3
DRIVE THRU SURVEY
Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
951‐268‐6268 Page 63
Attachment #1

LOCATION:  Dutch Bros, 21690 Bear Valley Rd DAY:  Tuesday CITY:  Apple Valley DATE:  2/1/2022
TIME PickUp Window
To Order Board
Order Board
to DT Entrance
DT Entrance
into Street TOTAL
DRIVE THRU SURVEY
11:30 1 1 0 2
11:35 0 1 0 1
11:40 0 5 0 5
11:45 4 3 0 7
11:50 1 3 0 4
11:55 3 4 0 7
12:00 3 1 0 4
12:05 3 0 0 3
12:10 3 2 0 5
12:15 4 2 0 6
12:20 3 2 0 5
12:25 4 0 0 4
12:30 3 1 0 4
12:35 0 3 0 3
12:40 2 2 0 4
12:45 3 0 0 3
12:50 0 0 0 0
12:55 2 2 0 4
13:00 3 1 0 4
13:05 3 1 0 4
13:10 2 2 0 4
13:15 3 3 0 6
13:20 4 0 0 4
13:25 5 4 0 9
13:30 2 0 0 2
13:35 1 3 0 4
13:40 4 4 0 8
13:45 5 5 0 10
13:50 4 3 0 7
13:55 2 3 0 5
14:00 4 3 0 7
14:05 3 2 0 5
14:10 2 0 0 2
14:15 3 0 0 3
14:20 4 2 0 6
14:25 5 3 0 8
14:30 5 4 0 9
14:35 4 2 0 6
14:40 0 7 0 7
14:45 4 4 0 8
14:50 4 0 0 4
14:55 4 3 0 7
15:00 4 7 0 11
15:05 5 5 0 10
15:10 3 4 0 7
15:15 4 4 0 8
15:20 2 3 0 5
15:25 4 3 0 7
15:30 2 2 0 4
15:35 4 3 0 7
15:40 1 1 0 2
15:45 1 0 0 1
15:50 1 0 0 1
15:55 2 2 0 4
16:00 3 7 0 10
16:05 2 3 0 5
16:10 4 1 0 5
16:15 3 1 0 4
16:20 0 2 0 2
16:25 2 3 0 5
16:30 2 3 0 5
16:35 2 1 0 3
16:40 2 0 0 2
16:45 1 2 0 3
16:50 4 4 0 8
16:55 3 5 0 8
17:00 3 4 0 7
17:05 5 0 0 5
17:10 3 2 0 5
17:15 2 0 0 2
17:20 0 0 0 0
17:25 3 0 0 3
17:30 1 1 0 2
17:35 2 0 0 2
17:40 0 0 0 0
17:45 2 0 0 2
17:50 1 2 0 3
17:55 2 3 0 5
Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
951‐268‐6268 Page 64
Attachment #1

LOCATION:  Dutch Bros, 21690 Bear Valley Rd DAY:  Tuesday CITY:  Apple Valley DATE:  2/1/2022
TIME PickUp Window
To Order Board
Order Board
to DT Entrance
DT Entrance
into Street TOTAL
DRIVE THRU SURVEY
18:00 3 4 0 7
18:05 3 3 0 6
18:10 3 3 0 6
18:15 1 1 0 2
18:20 1 0 0 1
18:25 1 1 0 2
18:30 2 2 0 4
18:35 3 0 0 3
18:40 2 0 0 2
18:45 1 1 0 2
18:50 1 0 0 1
18:55 1 0 0 1
19:00 1 0 0 1
19:05 3 1 0 4
19:10 3 2 0 5
19:15 3 4 0 7
19:20 1 4 0 5
19:25 2 2 0 4
19:30 2 1 0 3
19:35 3 0 0 3
19:40 2 1 0 3
19:45 2 0 0 2
19:50 2 0 0 2
19:55 2 0 0 2
20:00 2 1 0 3
20:05 1 0 0 1
20:10 1 0 0 1
20:15 0 4 0 4
20:20 3 0 0 3
20:25 2 0 0 2
20:30 2 1 0 3
20:35 3 1 0 4
20:40 4 1 0 5
20:45 4 0 0 4
20:50 2 0 0 2
20:55 1 0 0 1
21:00 0 0 0 0
21:05 1 1 0 2
21:10 3 0 0 3
21:15 1 0 0 1
21:20 0 0 0 0
21:25 1 0 0 1
21:30 0 1 0 1
21:35 2 0 0 2
21:40 1 0 0 1
21:45 1 1 0 2
21:50 2 0 0 2
21:55 1 0 0 1
22:00 0 0 0 0
22:05 0 0 0 0
22:10 0 0 0 0
22:15 0 0 0 0
22:20 0 0 0 0
22:25 0 0 0 0
22:30 0 0 0 0
22:35 0 0 0 0
22:40 0 0 0 0
22:45 0 0 0 0
22:50 0 0 0 0
22:55 0 0 0 0
23:00 0 0 0 0
Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
951‐268‐6268 Page 65
Attachment #1

LOCATION:  Dutch Bros, 21690 Bear Valley Rd DAY:  Saturday CITY:  Apple Valley DATE:  1/29/2022
TIME PickUp Window
To Order Board
Order Board
to DT Entrance
DT Entrance
into Street TOTAL
5:00 1 0 0 1
5:05 1 0 0 1
5:10 0 0 0 0
5:15 1 0 0 1
5:20 0 0 0 0
5:25 1 0 0 1
5:30 0 0 0 0
5:35 1 0 0 1
5:40 3 0 0 3
5:45 2 0 0 2
5:50 1 0 0 1
5:55 1 0 0 1
6:00 1 0 0 1
6:05 0 0 0 0
6:10 0 0 0 0
6:15 1 0 0 1
6:20 2 1 0 3
6:25 2 0 0 2
6:30 3 1 0 4
6:35 2 1 0 3
6:40 2 1 0 3
6:45 3 1 0 4
6:50 2 0 0 2
6:55 2 0 0 2
7:00 2 1 0 3
7:05 2 1 0 3
7:10 2 1 0 3
7:15 2 1 0 3
7:20 2 1 0 3
7:25 2 0 0 2
7:30 3 1 0 4
7:35 3 2 0 5
7:40 4 6 0 10
7:45 4 6 0 10
7:50 5 3 0 8
7:55 4 3 0 7
8:00 5 6 0 11
8:05 4 4 0 8
8:10 4 4 0 8
8:15 3 3 0 6
8:20 2 3 0 5
8:25 3 1 0 4
8:30 2 2 0 4
8:35 4 2 0 6
8:40 4 4 0 8
8:45 5 3 0 8
8:50 5 5 0 10
8:55 4 8 0 12
9:00 6 7 0 13
9:05 5 5 0 10
9:10 5 2 0 7
9:15 4 3 0 7
9:20 4 4 0 8
9:25 4 4 0 8
9:30 4 2 0 6
9:35 3 3 0 6
9:40 3 3 0 6
9:45 3 3 0 6
9:50 6 5 0 11
9:55 5 5 0 10
10:00 5 8 0 13
10:05 5 6 0 11
10:10 4 7 0 11
10:15 4 10 0 14
10:20 4 7 0 11
10:25 6 8 0 14
10:30 5 8 0 13
10:35 4 10 0 14
10:40 6 6 0 12
10:45 5 10 2 17
10:50 6 7 1 14
10:55 6 7 0 13
11:00 6 6 0 12
11:05 5 7 0 12
11:10 5 10 1 16
11:15 6 8 2 16
11:20 6 9 4 19
11:25 6 8 5 19
DRIVE THRU SURVEY
Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
951‐268‐6268 Page 66
Attachment #1

LOCATION:  Dutch Bros, 21690 Bear Valley Rd DAY:  Saturday CITY:  Apple Valley DATE:  1/29/2022
TIME PickUp Window
To Order Board
Order Board
to DT Entrance
DT Entrance
into Street TOTAL
DRIVE THRU SURVEY
11:30 6 8 7 21
11:35 5 11 6 22
11:40 6 8 3 17
11:45 5 7 0 12
11:50 5 9 0 14
11:55 6 8 0 14
12:00 6 9 1 16
12:05 5 9 0 14
12:10 4 6 0 10
12:15 5 8 0 13
12:20 5 10 1 16
12:25 6 8 3 17
12:30 6 7 0 13
12:35 5 5 0 10
12:40 6 7 0 13
12:45 6 8 4 18
12:50 6 9 6 21
12:55 6 8 6 20
13:00 6 9 3 18
13:05 6 10 5 21
13:10 6 11 5 22
13:15 7 10 4 21
13:20 5 9 4 18
13:25 6 8 1 15
13:30 6 8 0 14
13:35 5 6 0 11
13:40 5 2 0 7
13:45 6 2 0 8
13:50 6 2 0 8
13:55 6 5 0 11
14:00 4 3 0 7
14:05 4 3 0 7
14:10 4 2 0 6
14:15 5 0 0 5
14:20 5 1 0 6
14:25 6 0 0 6
14:30 5 2 0 7
14:35 6 5 0 11
14:40 6 3 0 9
14:45 6 4 0 10
14:50 5 1 0 6
14:55 3 0 0 3
15:00 5 1 0 6
15:05 6 3 0 9
15:10 5 6 0 11
15:15 4 6 0 10
15:20 5 6 0 11
15:25 6 8 0 14
15:30 5 10 5 20
15:35 5 8 0 13
15:40 6 8 3 17
15:45 6 6 0 12
15:50 6 0 0 6
15:55 4 2 0 6
16:00 3 0 0 3
16:05 2 0 0 2
16:10 3 2 0 5
16:15 4 3 0 7
16:20 3 2 0 5
16:25 0 2 0 2
16:30 4 2 0 6
16:35 4 0 0 4
16:40 4 0 0 4
16:45 1 3 0 4
16:50 6 3 0 9
16:55 5 2 0 7
17:00 5 5 0 10
17:05 5 5 0 10
17:10 6 5 0 11
17:15 5 4 0 9
17:20 4 3 0 7
17:25 5 1 0 6
17:30 3 1 0 4
17:35 1 0 0 1
17:40 1 0 0 1
17:45 0 0 0 0
17:50 3 1 0 4
17:55 2 1 0 3
Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
951‐268‐6268 Page 67
Attachment #1

LOCATION:  Dutch Bros, 21690 Bear Valley Rd DAY:  Saturday CITY:  Apple Valley DATE:  1/29/2022
TIME PickUp Window
To Order Board
Order Board
to DT Entrance
DT Entrance
into Street TOTAL
DRIVE THRU SURVEY
18:00 2 5 0 7
18:05 4 2 0 6
18:10 4 3 0 7
18:15 5 2 0 7
18:20 4 2 0 6
18:25 2 2 0 4
18:30 3 0 0 3
18:35 4 1 0 5
18:40 4 1 0 5
18:45 4 0 0 4
18:50 0 0 0 0
18:55 0 0 0 0
19:00 0 4 0 4
19:05 2 1 0 3
19:10 1 0 0 1
19:15 1 0 0 1
19:20 0 4 0 4
19:25 3 1 0 4
19:30 1 0 0 1
19:35 1 1 0 2
19:40 0 0 0 0
19:45 2 1 0 3
19:50 3 0 0 3
19:55 1 2 0 3
20:00 2 2 0 4
20:05 3 1 0 4
20:10 4 0 0 4
20:15 4 2 0 6
20:20 4 1 0 5
20:25 4 0 0 4
20:30 3 0 0 3
20:35 2 0 0 2
20:40 0 0 0 0
20:45 0 1 0 1
20:50 0 0 0 0
20:55 1 0 0 1
21:00 1 1 0 2
21:05 3 2 0 5
21:10 3 1 0 4
21:15 1 0 0 1
21:20 3 0 0 3
21:25 2 0 0 2
21:30 1 1 0 2
21:35 3 0 0 3
21:40 2 0 0 2
21:45 0 0 0 0
21:50 0 0 0 0
21:55 0 0 0 0
22:00 1 0 0 1
22:05 1 0 0 1
22:10 3 0 0 3
22:15 2 0 0 2
22:20 2 0 0 2
22:25 1 0 0 1
22:30 1 0 0 1
22:35 1 1 0 2
22:40 2 1 0 3
22:45 2 0 0 2
22:50 1 0 0 1
22:55 0 0 0 0
23:00 0 0 0 0
Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
951‐268‐6268 Page 68
Attachment #1

LOCATION:  Dutch Bros, 44‐175 Jefferson St DAY:  Tuesday CITY:  La Quinta DATE:  2/1/2022
TIME PickUp Window
To Order Board
Order Board
to DT Entrance
DT Entrance
into Street TOTAL
5:00 0 0 0 0
5:05 0 0 0 0
5:10 0 0 0 0
5:15 0 0 0 0
5:20 1 0 0 1
5:25 1 0 0 1
5:30 2 0 0 2
5:35 2 0 0 2
5:40 2 0 0 2
5:45 0 0 0 0
5:50 2 0 0 2
5:55 3 0 0 3
6:00 4 0 0 4
6:05 4 0 0 4
6:10 1 1 0 2
6:15 0 2 0 2
6:20 1 1 0 2
6:25 2 0 0 2
6:30 2 0 0 2
6:35 1 1 0 2
6:40 5 4 0 9
6:45 0 6 0 6
6:50 3 3 0 6
6:55 0 4 0 4
7:00 1 3 0 4
7:05 1 4 0 5
7:10 0 5 0 5
7:15 2 5 0 7
7:20 1 8 0 9
7:25 2 8 1 11
7:30 1 8 0 9
7:35 1 9 0 10
7:40 3 9 0 12
7:45 4 7 0 11
7:50 2 4 0 6
7:55 4 7 2 13
8:00 4 8 1 13
8:05 4 6 0 10
8:10 0 9 0 9
8:15 1 8 0 9
8:20 0 9 0 9
8:25 1 7 0 8
8:30 4 5 0 9
8:35 3 2 0 5
8:40 3 3 0 6
8:45 4 4 0 8
8:50 1 3 0 4
8:55 2 3 0 5
9:00 2 3 0 5
9:05 0 5 0 5
9:10 3 5 0 8
9:15 3 7 0 10
9:20 0 7 0 7
9:25 2 3 0 5
9:30 2 1 0 3
9:35 3 4 0 7
9:40 1 1 0 2
9:45 2 4 0 6
9:50 3 5 0 8
9:55 3 5 0 8
10:00 3 4 0 7
10:05 3 6 0 9
10:10 2 4 0 6
10:15 1 0 0 1
10:20 0 2 0 2
10:25 0 1 0 1
10:30 1 0 0 1
10:35 1 6 0 7
10:40 4 4 0 8
10:45 2 3 0 5
10:50 1 1 0 2
10:55 2 4 0 6
11:00 2 6 0 8
11:05 3 6 0 9
11:10 3 10 1 14
11:15 2 3 0 5
11:20 2 1 0 3
11:25 1 3 0 4
DRIVE THRU SURVEY
Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
951‐268‐6268 Page 69
Attachment #1

LOCATION:  Dutch Bros, 44‐175 Jefferson St DAY:  Tuesday CITY:  La Quinta DATE:  2/1/2022
TIME PickUp Window
To Order Board
Order Board
to DT Entrance
DT Entrance
into Street TOTAL
DRIVE THRU SURVEY
11:30 0 3 0 3
11:35 0 1 0 1
11:40 1 2 0 3
11:45 2 2 0 4
11:50 0 3 0 3
11:55 2 2 0 4
12:00 2 1 0 3
12:05 1 2 0 3
12:10 1 2 0 3
12:15 0 6 0 6
12:20 2 4 0 6
12:25 3 3 0 6
12:30 1 0 0 1
12:35 1 3 0 4
12:40 1 2 0 3
12:45 0 2 0 2
12:50 2 3 0 5
12:55 0 1 0 1
13:00 2 3 0 5
13:05 0 3 0 3
13:10 1 3 0 4
13:15 2 3 0 5
13:20 2 3 0 5
13:25 0 4 0 4
13:30 3 6 0 9
13:35 2 4 0 6
13:40 1 2 0 3
13:45 1 1 0 2
13:50 2 1 0 3
13:55 1 0 0 1
14:00 1 2 0 3
14:05 2 5 0 7
14:10 3 5 0 8
14:15 4 6 0 10
14:20 4 4 0 8
14:25 4 3 0 7
14:30 1 4 0 5
14:35 2 3 0 5
14:40 2 4 0 6
14:45 4 3 0 7
14:50 2 5 0 7
14:55 1 1 0 2
15:00 0 1 0 1
15:05 2 2 0 4
15:10 0 5 0 5
15:15 0 3 0 3
15:20 1 1 0 2
15:25 0 3 0 3
15:30 2 2 0 4
15:35 3 3 0 6
15:40 3 6 0 9
15:45 2 3 0 5
15:50 1 4 0 5
15:55 1 2 0 3
16:00 2 1 0 3
16:05 1 1 0 2
16:10 2 1 0 3
16:15 1 4 0 5
16:20 1 2 0 3
16:25 3 3 0 6
16:30 0 4 0 4
16:35 4 3 0 7
16:40 2 2 0 4
16:45 2 4 0 6
16:50 1 3 0 4
16:55 2 2 0 4
17:00 2 2 0 4
17:05 0 5 0 5
17:10 1 1 0 2
17:15 1 0 0 1
17:20 1 1 0 2
17:25 1 2 0 3
17:30 1 3 0 4
17:35 2 1 0 3
17:40 2 3 0 5
17:45 2 3 0 5
17:50 3 2 0 5
17:55 3 2 0 5
Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
951‐268‐6268 Page 70
Attachment #1

LOCATION:  Dutch Bros, 44‐175 Jefferson St DAY:  Tuesday CITY:  La Quinta DATE:  2/1/2022
TIME PickUp Window
To Order Board
Order Board
to DT Entrance
DT Entrance
into Street TOTAL
DRIVE THRU SURVEY
18:00 3 3 0 6
18:05 2 3 0 5
18:10 1 3 0 4
18:15 2 2 0 4
18:20 3 2 0 5
18:25 3 3 0 6
18:30 1 2 0 3
18:35 2 3 0 5
18:40 3 4 0 7
18:45 4 4 0 8
18:50 3 3 0 6
18:55 2 1 0 3
19:00 0 1 0 1
19:05 2 2 0 4
19:10 2 0 0 2
19:15 1 1 0 2
19:20 1 1 0 2
19:25 1 0 0 1
19:30 2 2 0 4
19:35 2 0 0 2
19:40 2 0 0 2
19:45 3 1 0 4
19:50 3 2 0 5
19:55 4 2 0 6
20:00 1 1 0 2
20:05 2 0 0 2
20:10 1 1 0 2
20:15 1 3 0 4
20:20 2 2 0 4
20:25 2 1 0 3
20:30 1 0 0 1
20:35 0 0 0 0
20:40 0 1 0 1
20:45 0 1 0 1
20:50 1 0 0 1
20:55 1 0 0 1
21:00 1 0 0 1
21:05 2 1 0 3
21:10 2 1 0 3
21:15 2 2 0 4
21:20 3 2 0 5
21:25 1 1 0 2
21:30 0 1 0 1
21:35 0 0 0 0
21:40 0 1 0 1
21:45 1 2 0 3
21:50 2 0 0 2
21:55 2 0 0 2
22:00 0 0 0 0
22:05 0 0 0 0
22:10 0 0 0 0
22:15 0 0 0 0
22:20 0 0 0 0
22:25 0 0 0 0
22:30 0 0 0 0
22:35 0 0 0 0
22:40 0 0 0 0
22:45 0 0 0 0
22:50 0 0 0 0
22:55 0 0 0 0
23:00 0 0 0 0
Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
951‐268‐6268 Page 71
Attachment #1

LOCATION:  Dutch Bros, 44‐175 Jefferson St DAY:  Saturday CITY:  La Quinta DATE:  1/29/2022
TIME PickUp Window
To Order Board
Order Board
to DT Entrance
DT Entrance
into Street TOTAL
5:00 0 0 0 0
5:05 1 0 0 1
5:10 1 0 0 1
5:15 0 0 0 0
5:20 0 0 0 0
5:25 1 0 0 1
5:30 1 0 0 1
5:35 2 1 0 3
5:40 1 0 0 1
5:45 1 0 0 1
5:50 2 0 0 2
5:55 1 0 0 1
6:00 0 0 0 0
6:05 1 0 0 1
6:10 0 0 0 0
6:15 0 0 0 0
6:20 2 1 0 3
6:25 1 2 0 3
6:30 2 0 0 2
6:35 1 1 0 2
6:40 1 0 0 1
6:45 1 1 0 2
6:50 1 0 0 1
6:55 1 3 0 4
7:00 2 1 0 3
7:05 1 1 0 2
7:10 0 1 0 1
7:15 2 3 0 5
7:20 2 2 0 4
7:25 1 0 0 1
7:30 2 3 0 5
7:35 4 6 0 10
7:40 3 9 0 12
7:45 1 10 0 11
7:50 2 7 0 9
7:55 3 7 0 10
8:00 0 5 0 5
8:05 2 2 0 4
8:10 2 3 0 5
8:15 3 3 0 6
8:20 3 5 0 8
8:25 3 3 0 6
8:30 4 5 0 9
8:35 3 4 0 7
8:40 4 7 0 11
8:45 4 8 0 12
8:50 4 9 2 15
8:55 5 7 0 12
9:00 4 8 0 12
9:05 3 8 0 11
9:10 3 4 0 7
9:15 4 7 1 12
9:20 3 9 2 14
9:25 4 7 0 11
9:30 4 4 0 8
9:35 3 4 0 7
9:40 2 1 0 3
9:45 3 4 0 7
9:50 3 8 2 13
9:55 3 7 6 16
10:00 4 8 7 19
10:05 4 8 8 20
10:10 3 9 5 17
10:15 4 8 3 15
10:20 3 10 7 20
10:25 3 7 3 13
10:30 4 8 0 12
10:35 3 8 0 11
10:40 5 8 0 13
10:45 3 8 0 11
10:50 2 9 2 13
10:55 3 7 3 13
11:00 3 8 0 11
11:05 3 8 2 13
11:10 3 8 7 18
11:15 3 8 6 17
11:20 3 9 6 18
11:25 3 10 6 19
DRIVE THRU SURVEY
Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
951‐268‐6268 Page 72
Attachment #1

LOCATION:  Dutch Bros, 44‐175 Jefferson St DAY:  Saturday CITY:  La Quinta DATE:  1/29/2022
TIME PickUp Window
To Order Board
Order Board
to DT Entrance
DT Entrance
into Street TOTAL
DRIVE THRU SURVEY
11:30 3 8 5 16
11:35 4 10 0 14
11:40 3 7 0 10
11:45 2 4 0 6
11:50 3 4 0 7
11:55 1 1 0 2
12:00 3 3 0 6
12:05 2 6 0 8
12:10 3 5 0 8
12:15 4 4 0 8
12:20 3 6 0 9
12:25 2 4 0 6
12:30 3 5 0 8
12:35 3 5 0 8
12:40 0 8 0 8
12:45 3 5 0 8
12:50 3 4 0 7
12:55 0 0 0 0
13:00 1 4 0 5
13:05 4 6 0 10
13:10 3 6 0 9
13:15 3 5 0 8
13:20 2 2 0 4
13:25 2 4 0 6
13:30 3 4 0 7
13:35 3 8 0 11
13:40 3 5 0 8
13:45 2 2 0 4
13:50 2 1 0 3
13:55 2 4 0 6
14:00 3 5 0 8
14:05 3 4 0 7
14:10 3 5 0 8
14:15 3 7 1 11
14:20 3 6 0 9
14:25 3 9 1 13
14:30 3 9 3 15
14:35 3 8 4 15
14:40 3 10 0 13
14:45 3 9 0 12
14:50 3 10 6 19
14:55 3 9 8 20
15:00 3 7 1 11
15:05 3 9 1 13
15:10 3 8 2 13
15:15 4 8 5 17
15:20 3 9 2 14
15:25 3 9 2 14
15:30 3 9 0 12
15:35 4 5 0 9
15:40 3 8 0 11
15:45 3 6 0 9
15:50 3 6 0 9
15:55 4 7 0 11
16:00 2 7 0 9
16:05 1 2 0 3
16:10 1 2 0 3
16:15 2 2 0 4
16:20 3 3 0 6
16:25 1 5 0 6
16:30 3 2 3 8
16:35 3 7 0 10
16:40 3 7 0 10
16:45 3 6 0 9
16:50 4 9 0 13
16:55 3 3 0 6
17:00 2 0 0 2
17:05 1 3 0 4
17:10 2 2 0 4
17:15 3 5 0 8
17:20 3 2 0 5
17:25 1 1 0 2
17:30 1 1 0 2
17:35 1 2 0 3
17:40 2 4 0 6
17:45 1 5 0 6
17:50 2 2 0 4
17:55 1 1 0 2
Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
951‐268‐6268 Page 73
Attachment #1

LOCATION:  Dutch Bros, 44‐175 Jefferson St DAY:  Saturday CITY:  La Quinta DATE:  1/29/2022
TIME PickUp Window
To Order Board
Order Board
to DT Entrance
DT Entrance
into Street TOTAL
DRIVE THRU SURVEY
18:00 0 2 0 2
18:05 1 1 0 2
18:10 1 1 0 2
18:15 2 3 0 5
18:20 3 3 0 6
18:25 1 2 0 3
18:30 1 0 0 1
18:35 1 0 0 1
18:40 1 2 0 3
18:45 1 2 0 3
18:50 1 2 0 3
18:55 1 1 0 2
19:00 1 3 0 4
19:05 1 4 0 5
19:10 1 3 0 4
19:15 2 3 0 5
19:20 2 2 0 4
19:25 3 3 0 6
19:30 3 4 0 7
19:35 1 2 0 3
19:40 2 0 0 2
19:45 2 0 0 2
19:50 2 0 0 2
19:55 0 0 0 0
20:00 1 2 0 3
20:05 1 1 0 2
20:10 1 0 0 1
20:15 1 0 0 1
20:20 2 5 0 7
20:25 1 3 0 4
20:30 0 1 0 1
20:35 1 0 0 1
20:40 1 0 0 1
20:45 1 2 0 3
20:50 2 1 0 3
20:55 1 2 0 3
21:00 1 3 0 4
21:05 1 2 0 3
21:10 1 0 0 1
21:15 2 0 0 2
21:20 2 3 0 5
21:25 2 0 0 2
21:30 2 0 0 2
21:35 2 2 0 4
21:40 1 3 0 4
21:45 2 4 0 6
21:50 1 3 0 4
21:55 0 2 0 2
22:00 1 0 0 1
22:05 1 0 0 1
22:10 1 1 0 2
22:15 2 2 0 4
22:20 2 4 0 6
22:25 3 6 0 9
22:30 2 5 0 7
22:35 2 1 0 3
22:40 0 0 0 0
22:45 0 0 0 0
22:50 0 0 0 0
22:55 0 0 0 0
23:00 0 0 0 0
Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
951‐268‐6268 Page 74
Attachment #1

LOCATION:  Dutch Bros, 81‐776 CA 111 DAY:  Tuesday
CITY:  Indio DATE:  2/1/2022
TIME PickUp Window
To Order Board
Order Board
to DT Entrance
DT Entrance
into Street TOTAL
5:00 0 0 0 0
5:05 0 0 0 0
5:10 0 0 0 0
5:15 1 0 0 1
5:20 0 0 0 0
5:25 0 0 0 0
5:30 3 1 0 4
5:35 1 1 0 2
5:40 1 0 0 1
5:45 1 0 0 1
5:50 2 0 0 2
5:55 2 0 0 2
6:00 1 0 0 1
6:05 2 0 0 2
6:10 3 0 0 3
6:15 2 1 0 3
6:20 3 1 0 4
6:25 3 0 0 3
6:30 3 2 0 5
6:35 2 2 0 4
6:40 1 6 0 7
6:45 3 5 0 8
6:50 1 3 0 4
6:55 1 4 0 5
7:00 2 2 0 4
7:05 2 1 0 3
7:10 1 2 0 3
7:15 2 5 0 7
7:20 1 5 0 6
7:25 1 7 0 8
7:30 2 6 0 8
7:35 3 7 1 11
7:40 3 10 2 15
7:45 3 8 4 15
7:50 3 11 1 15
7:55 2 9 0 11
8:00 3 8 0 11
8:05 2 6 0 8
8:10 3 2 0 5
8:15 3 8 3 14
8:20 3 8 0 11
8:25 3 10 1 14
8:30 3 8 0 11
8:35 3 9 0 12
8:40 3 7 0 10
8:45 3 4 0 7
8:50 2 3 0 5
8:55 2 2 0 4
9:00 3 1 0 4
9:05 2 7 0 9
9:10 3 7 0 10
9:15 3 7 0 10
9:20 1 1 0 2
9:25 2 1 0 3
9:30 2 0 0 2
9:35 3 2 0 5
9:40 3 2 0 5
9:45 1 1 0 2
9:50 1 2 0 3
9:55 2 0 0 2
10:00 1 2 0 3
10:05 1 1 0 2
10:10 1 0 0 1
10:15 2 1 0 3
10:20 3 2 0 5
10:25 3 3 0 6
10:30 2 2 0 4
10:35 1 1 0 2
10:40 2 0 0 2
10:45 3 1 0 4
10:50 2 1 0 3
10:55 3 4 0 7
11:00 3 3 0 6
11:05 3 4 0 7
11:10 3 7 0 10
11:15 2 4 0 6
11:20 3 1 0 4
11:25 3 1 0 4
DRIVE THRU SURVEY
Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
951‐268‐6268 Page 75
Attachment #1

LOCATION:  Dutch Bros, 81‐776 CA 111 DAY:  Tuesday
CITY:  Indio DATE:  2/1/2022
TIME PickUp Window
To Order Board
Order Board
to DT Entrance
DT Entrance
into Street TOTAL
DRIVE THRU SURVEY
11:30 2 2 0 4
11:35 3 3 0 6
11:40 3 2 0 5
11:45 1 3 0 4
11:50 3 3 0 6
11:55 0 1 0 1
12:00 1 0 0 1
12:05 2 1 0 3
12:10 3 2 0 5
12:15 2 2 0 4
12:20 0 0 0 0
12:25 0 0 0 0
12:30 3 2 0 5
12:35 1 1 0 2
12:40 1 1 0 2
12:45 1 2 0 3
12:50 2 2 0 4
12:55 2 4 0 6
13:00 1 2 0 3
13:05 1 1 0 2
13:10 2 2 0 4
13:15 2 1 0 3
13:20 0 1 0 1
13:25 3 2 0 5
13:30 1 2 0 3
13:35 1 2 0 3
13:40 2 1 0 3
13:45 1 2 0 3
13:50 2 2 0 4
13:55 0 0 0 0
14:00 1 1 0 2
14:05 1 0 0 1
14:10 1 0 0 1
14:15 0 0 0 0
14:20 1 0 0 1
14:25 1 0 0 1
14:30 2 0 0 2
14:35 0 0 0 0
14:40 0 0 0 0
14:45 2 1 0 3
14:50 1 0 0 1
14:55 1 0 0 1
15:00 2 0 0 2
15:05 1 2 0 3
15:10 1 0 0 1
15:15 0 0 0 0
15:20 0 0 0 0
15:25 2 0 0 2
15:30 1 0 0 1
15:35 0 1 0 1
15:40 0 3 0 3
15:45 1 2 0 3
15:50 1 0 0 1
15:55 0 0 0 0
16:00 1 3 0 4
16:05 3 3 0 6
16:10 2 0 0 2
16:15 0 0 0 0
16:20 3 0 0 3
16:25 1 1 0 2
16:30 2 1 0 3
16:35 0 0 0 0
16:40 2 0 0 2
16:45 3 0 0 3
16:50 1 1 0 2
16:55 1 0 0 1
17:00 2 3 0 5
17:05 2 2 0 4
17:10 1 4 0 5
17:15 2 0 0 2
17:20 1 1 0 2
17:25 3 2 0 5
17:30 2 1 0 3
17:35 0 2 0 2
17:40 2 0 0 2
17:45 3 0 0 3
17:50 3 2 0 5
17:55 3 2 0 5
Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
951‐268‐6268 Page 76
Attachment #1

LOCATION:  Dutch Bros, 81‐776 CA 111 DAY:  Tuesday
CITY:  Indio DATE:  2/1/2022
TIME PickUp Window
To Order Board
Order Board
to DT Entrance
DT Entrance
into Street TOTAL
DRIVE THRU SURVEY
18:00 2 1 0 3
18:05 2 1 0 3
18:10 1 0 0 1
18:15 2 0 0 2
18:20 0 0 0 0
18:25 2 0 0 2
18:30 3 1 0 4
18:35 3 2 0 5
18:40 2 0 0 2
18:45 1 0 0 1
18:50 2 0 0 2
18:55 1 0 0 1
19:00 1 0 0 1
19:05 3 0 0 3
19:10 2 0 0 2
19:15 2 0 0 2
19:20 1 0 0 1
19:25 2 1 0 3
19:30 2 2 0 4
19:35 2 2 0 4
19:40 1 0 0 1
19:45 1 0 0 1
19:50 1 0 0 1
19:55 1 4 0 5
20:00 2 2 0 4
20:05 2 2 0 4
20:10 3 1 0 4
20:15 2 0 0 2
20:20 2 0 0 2
20:25 2 1 0 3
20:30 3 2 0 5
20:35 2 3 0 5
20:40 1 1 0 2
20:45 2 0 0 2
20:50 3 0 0 3
20:55 1 0 0 1
21:00 0 0 0 0
21:05 1 0 0 1
21:10 1 0 0 1
21:15 1 0 0 1
21:20 1 0 0 1
21:25 3 1 0 4
21:30 2 2 0 4
21:35 0 1 0 1
21:40 2 0 0 2
21:45 2 0 0 2
21:50 2 3 0 5
21:55 2 2 0 4
22:00 2 2 0 4
22:05 1 1 0 2
22:10 0 0 0 0
22:15 0 0 0 0
22:20 2 0 0 2
22:25 2 1 0 3
22:30 2 2 0 4
22:35 2 0 0 2
22:40 2 0 0 2
22:45 1 1 0 2
22:50 3 0 0 3
22:55 1 0 0 1
23:00 0 0 0 0
Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
951‐268‐6268 Page 77
Attachment #1

LOCATION:  Dutch Bros, 81‐776 CA 111 DAY:  Saturday
CITY:  Indio DATE:  1/29/2022
TIME PickUp Window
To Order Board
Order Board
to DT Entrance
DT Entrance
into Street TOTAL
5:00 0 0 0 0
5:05 0 0 0 0
5:10 1 0 0 1
5:15 2 0 0 2
5:20 1 0 0 1
5:25 2 0 0 2
5:30 1 0 0 1
5:35 1 0 0 1
5:40 0 0 0 0
5:45 0 0 0 0
5:50 0 0 0 0
5:55 1 0 0 1
6:00 1 0 0 1
6:05 1 0 0 1
6:10 0 0 0 0
6:15 1 0 0 1
6:20 2 1 0 3
6:25 2 2 0 4
6:30 2 2 0 4
6:35 2 0 0 2
6:40 2 2 0 4
6:45 2 2 0 4
6:50 3 1 0 4
6:55 2 2 0 4
7:00 2 1 0 3
7:05 2 0 0 2
7:10 2 1 0 3
7:15 2 0 0 2
7:20 0 0 0 0
7:25 1 0 0 1
7:30 3 1 4
7:35 3 3 0 6
7:40 3 6 0 9
7:45 3 7 0 10
7:50 2 9 0 11
7:55 3 8 0 11
8:00 2 8 0 10
8:05 2 7 0 9
8:10 2 4 0 6
8:15 2 3 0 5
8:20 2 0 0 2
8:25 2 0 0 2
8:30 1 0 0 1
8:35 2 0 0 2
8:40 2 0 0 2
8:45 2 3 0 5
8:50 2 2 0 4
8:55 2 6 0 8
9:00 1 8 0 9
9:05 3 8 0 11
9:10 2 6 0 8
9:15 3 8 0 11
9:20 3 7 0 10
9:25 3 7 0 10
9:30 3 7 0 10
9:35 2 5 0 7
9:40 2 4 0 6
9:45 2 1 0 3
9:50 1 2 0 3
9:55 3 3 0 6
10:00 2 4 0 6
10:05 3 4 0 7
10:10 3 4 0 7
10:15 2 5 0 7
10:20 2 4 0 6
10:25 0 4 0 4
10:30 2 7 0 9
10:35 3 2 0 5
10:40 2 3 0 5
10:45 2 4 0 6
10:50 3 4 0 7
10:55 3 2 0 5
11:00 2 2 0 4
11:05 2 3 0 5
11:10 3 4 0 7
11:15 3 2 0 5
11:20 3 1 0 4
11:25 2 0 0 2
DRIVE THRU SURVEY
Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
951‐268‐6268 Page 78
Attachment #1

LOCATION:  Dutch Bros, 81‐776 CA 111 DAY:  Saturday
CITY:  Indio DATE:  1/29/2022
TIME PickUp Window
To Order Board
Order Board
to DT Entrance
DT Entrance
into Street TOTAL
DRIVE THRU SURVEY
11:30 3 4 0 7
11:35 3 11 0 14
11:40 2 12 0 14
11:45 1 10 0 11
11:50 1 6 0 7
11:55 2 2 0 4
12:00 1 2 0 3
12:05 2 4 0 6
12:10 2 4 0 6
12:15 3 2 0 5
12:20 2 3 0 5
12:25 3 7 0 10
12:30 2 8 0 10
12:35 2 6 0 8
12:40 3 5 0 8
12:45 1 2 0 3
12:50 2 6 0 8
12:55 3 6 0 9
13:00 1 2 0 3
13:05 2 2 0 4
13:10 1 2 0 3
13:15 2 0 0 2
13:20 1 0 0 1
13:25 3 0 0 3
13:30 2 3 0 5
13:35 3 1 0 4
13:40 3 1 0 4
13:45 3 0 0 3
13:50 1 0 0 1
13:55 2 4 0 6
14:00 1 2 0 3
14:05 3 5 0 8
14:10 3 5 0 8
14:15 3 4 0 7
14:20 3 3 0 6
14:25 3 3 0 6
14:30 3 2 0 5
14:35 3 3 0 6
14:40 3 0 0 3
14:45 2 2 0 4
14:50 3 4 0 7
14:55 3 6 0 9
15:00 3 5 0 8
15:05 3 5 0 8
15:10 3 1 0 4
15:15 1 1 0 2
15:20 2 0 0 2
15:25 1 2 0 3
15:30 0 0 0 0
15:35 2 0 0 2
15:40 2 1 0 3
15:45 0 0 0 0
15:50 0 0 0 0
15:55 2 3 0 5
16:00 3 2 0 5
16:05 1 3 0 4
16:10 1 2 0 3
16:15 3 0 0 3
16:20 2 2 0 4
16:25 2 1 0 3
16:30 1 1 0 2
16:35 0 0 0 0
16:40 1 1 0 2
16:45 2 1 0 3
16:50 0 0 0 0
16:55 2 1 0 3
17:00 1 0 0 1
17:05 0 0 0 0
17:10 1 2 0 3
17:15 2 2 0 4
17:20 1 2 0 3
17:25 0 1 0 1
17:30 1 0 0 1
17:35 0 0 0 0
17:40 2 4 0 6
17:45 3 4 0 7
17:50 2 2 0 4
17:55 1 1 0 2
Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
951‐268‐6268 Page 79
Attachment #1

LOCATION:  Dutch Bros, 81‐776 CA 111 DAY:  Saturday
CITY:  Indio DATE:  1/29/2022
TIME PickUp Window
To Order Board
Order Board
to DT Entrance
DT Entrance
into Street TOTAL
DRIVE THRU SURVEY
18:00 0 0 0 0
18:05 2 1 0 3
18:10 1 4 0 5
18:15 2 6 0 8
18:20 2 2 0 4
18:25 1 0 0 1
18:30 3 0 0 3
18:35 3 0 0 3
18:40 2 2 0 4
18:45 3 0 0 3
18:50 1 0 0 1
18:55 2 1 0 3
19:00 3 2 0 5
19:05 3 2 0 5
19:10 3 3 0 6
19:15 2 0 0 2
19:20 2 2 0 4
19:25 2 1 0 3
19:30 0 0 0 0
19:35 2 1 0 3
19:40 2 1 0 3
19:45 2 1 0 3
19:50 1 0 0 1
19:55 1 3 0 4
20:00 2 2 0 4
20:05 2 1 0 3
20:10 1 0 0 1
20:15 0 0 0 0
20:20 2 1 0 3
20:25 3 2 0 5
20:30 2 3 0 5
20:35 3 4 0 7
20:40 2 6 0 8
20:45 3 5 0 8
20:50 2 7 0 9
20:55 3 5 0 8
21:00 3 3 0 6
21:05 3 2 0 5
21:10 2 2 0 4
21:15 1 1 0 2
21:20 2 1 0 3
21:25 1 1 0 2
21:30 0 1 0 1
21:35 2 0 0 2
21:40 0 0 0 0
21:45 2 1 0 3
21:50 1 2 0 3
21:55 1 0 0 1
22:00 3 1 0 4
22:05 2 2 0 4
22:10 3 2 0 5
22:15 2 2 0 4
22:20 2 1 0 3
22:25 2 2 0 4
22:30 2 2 0 4
22:35 2 0 0 2
22:40 3 4 0 7
22:45 2 2 0 4
22:50 2 1 0 3
22:55 2 0 0 2
23:00 0 0 0 0
Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
951‐268‐6268 Page 80
Attachment #1

RESOLUTION NO. 23-08

A RESOLUTION OF THE FOUNTAIN VALLEY PLANNING COMMISSION

ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND
APPROVING PRECISE PLAN NO. 569 TO CONSTRUCT A 950 SQUARE FOOT BUILDING AND CONDITIONAL USE PERMIT NO. 1910 FOR A

DOUBLE DRIVE-THROUGH FACILITY LOCATED IN THE VILLAGE

CENTER SHOPPING CENTER AT THE NORTHEAST CORNER OF

MAGNOLIA STREET AND TALBERT AVENUE
WHEREAS, an application for Precise Plan No. 569 and Conditional Use Permit No. 1910 was submitted by Kimberly Raden, in accordance with Municipal Code, Title 21; and
WHEREAS, the Fountain Valley Planning Commission considered said application at its noticed public hearing on March 8, 2023; and WHEREAS, the Planning Commission has imposed conditions, pursuant to the Precise Plan and Conditional Use Permit process, to ensure that the design and general appearance of the proposed project is in compliance with the purpose of the Municipal Code, Title 21; and
WHEREAS, the Planning Commission has determined that the proposed Precise Plan and Conditional Use Permit is consistent with the Fountain Valley General Plan.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

SECTION 1
The Planning Commission finds that due notice of the public hearings in the Council Chambers, City Hall, 10200 Slater Avenue, was given as required by the Fountain Valley Municipal Code (FVMC), Title 21, and the Statutes of the State of California.

SECTION 2
Findings and Supporting Facts: The Planning Commission finds that the subject application meets the criteria of a Precise Plan Permit found in Chapter 21.44 of the FVMC as follows:

1. The design and layout of the proposed development would:
a. Be consistent with the actions, goals, objectives, and policies of the general plan, any applicable specific plan, and the development and design standards/guidelines of the C1 zoning district.

Attachment #1

Resolution No. 23-08

The proposed project will maintain and enhance high quality development throughout the city by encouraging variety, quality, consistency, and innovation in land use practice and promoting quality commercial development. The proposed project will also improve architectural quality of development within Fountain Valley by promoting commercial development which achieves harmony without monotony in the built environment and by encouraging planning and design which is people oriented, sensitive to the needs of visitors and residents and functionally efficient for its purpose. The project will provide for attractive streetscapes throughout the city by encouraging on-site landscaping and will provide for a building with fully finished facades on all sides visible from streets. The project will provide for safe and attractive pedestrian facilities by providing pedestrian access from the public right-of-way to the project for customer convenience. The project will provide for safe and attractive parking facilities by refurbishing the parking area that connects to the existing shopping center parking lot. The proposed project will also enhance the city’s economic base and business environment by welcoming in a new commercial business in the city.
b. Not interfere with the use and enjoyment of neighboring, existing or future developments, and would not create traffic or pedestrian hazards.

The proposed project will not interfere with the use and enjoyment of the neighboring developments and would not create traffic or pedestrian hazards.

The project proposes to construct a 950 square foot building with a double drive-through. The proposed drive-through location for this property maximizes the stacking for the building use, providing a queuing capacity of 20 vehicles which will accommodate the majority of any peak business times. c. Provide a desirable environment for its occupants and visiting public as well as its neighbors through good/proper aesthetic use of materials, texture and color, and would remain aesthetically appealing and retain an appropriate level of maintenance.

The proposed project will maintain and enhance high quality development throughout the city by encouraging variety, quality, consistency, and innovation in land use practice and promoting quality commercial development. The proposed project will also improve architectural quality of development within Fountain Valley by promoting commercial development which achieves harmony without monotony in the built environment and by encouraging planning and design which is people oriented, sensitive to the needs of visitors and residents and functionally efficient for its purpose. Lastly, the proposed architecture of the project will be fully finished on all elevations of the project and will be consistent with the approved upgrades to the rest of the shopping center.

Attachment #1

Resolution No. 23-08

2. The architectural design of the proposed structure(s) would be compatible with the character of the surrounding neighborhood and would maintain and enhance the attractive, harmonious, and orderly development contemplated by the actions, goals, objectives, and policies of the general plan, any applicable specific plan, and this chapter.

The architectural design of the proposed project, including all colors, materials, and design elements, will complement the recently remodeled shopping center.

This will provide for an attractive, harmonious, and orderly development contemplated by the actions, goals, objectives, and policies of the general plan and the zoning code.

3. The proposed development would not:
a. Be detrimental to the public convenience, health, interest, safety, or welfare, or materially injurious to the properties or improvements in the immediate vicinity.

The proposed project will not be detrimental to the public convenience, health, interest, safety, or welfare or materially injurious to the properties or improvements in the immediate vicinity. The project will provide for an increased landscaping within the project area and will not interfere with the use and enjoyment of neighboring developments. The project includes the construction of a new building with an architectural design that compliments the rest of the shopping center to help improve the overall appearance of the shopping center and therefore improve the health, interest, safety, and welfare of the properties in the immediate vicinity.
b. Substantially depreciate property values in the immediate vicinity or interfere with the use or enjoyment of property in the surrounding neighborhood, because of excessive dissimilarity or inappropriateness of design in relation to the surrounding neighborhood.

The project includes the construction of a new building with an architectural design that matches the rest of the shopping center. It will therefore not depreciate property values in the immediate vicinity or interfere with the use or enjoyment of property in the surrounding neighborhood, because of excessive dissimilarity or inappropriateness of design in relation to the surrounding neighborhood.

4. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City’s Environmental Review Procedures.

The proposed project has been reviewed in compliance with the provision of the CEQA and the City’s Environmental Review Procedures as noted below in Section 4.

Attachment #1

Resolution No. 23-08

SECTION 3
Findings and Supporting Facts: - The Planning Commission finds that the subject application meets the criteria for a Conditional Use Permit found in Chapter 21.36 of the Fountain Valley Municipal Code as follows:

1. The proposed use is allowed within the C1 zoning district with the approval of a Conditional Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code.

The proposed restaurant with drive-through is an allowed use in the C1 zoning district subject to the Planning Commission’s approval of a Conditional Use Permit.

2. The proposed use is consistent with the actions, goals, objectives, and policies of the General Plan and any applicable specific plan.

The proposed drive-through facility meets General Plan Goal 2.12, which is to enhance the city’s economic base and business environment by assisting in the improvement and intensification of existing commercial development. The proposed facility will help intensify the Village Center shopping center and bring in with more customers thus improving the city’s economic base. This use does not fall within any Specific Plans in the City of Fountain Valley.

3. The design, location, shape, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity.

The design, location, shape, size, and operating characteristics of the proposed drive-through facility is compatible with the existing and future land uses in the vicinity. The proposed facility has been adequately designed to be incorporated within the Village Center shopping center.

4. The subject site is physically suitable for the type and density/intensity of use being proposed including the provision of public access (e.g., width and pavement type), facilities, and utilities (e.g., drainage, fire protection, sewers, water), shape, size, the absence of physical constraints, and compatibility with adjoining land uses.

The subject site is physically suitable for the type and intensity of use being proposed. It will comply with public access, facilities, and utility requirements and is compatible with adjoining land uses. Sufficient vehicular and pedestrian access is provided from Magnolia Street and from the adjacent shopping center.

5. Granting the Conditional Use Permit would not be detrimental to the public convenience, health, interest, safety, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located.

Attachment #1

Resolution No. 23-08

The proposed drive-through facility will be located in the existing parking lot in the recently remodeled shopping center with and remodel to accommodate a Sprouts Farmers Market. Granting approval for the proposed facility will not negatively impact any persons, property, or improvement in the vicinity.

6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City’s Environmental Review Procedures.

The proposed project has been reviewed in compliance with CEQA and is categorically exempt per Section 4 below.

7. By signing this Resolution, the applicant has demonstrated his/her understanding of the conditions imposed in the Conditional Use Permit (attached as Exhibit 1 herein) granted to him/her and has agreed on the record to abide by those conditions.

SECTION 4
The Planning Commission finds that the proposed project can be determined categorically exempt pursuant to Class 3 (Section 15303 – New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA) Guidelines.

Class 3 consist of construction of new structures including a restaurant not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances, where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive. The proposed building and use does not include a significant amount of hazardous substances, al public services and facilities are available to the site, and the surrounding area is not environmentally sensitive.

SECTION 5
The Planning Commission hereby approves Precise Plan No. 569 to construct a 950 square foot building and Conditional Use Permit No.1910 for a double drive-through for a new Dutch Bros coffee establishment located at the northeast corner of Magnolia Street and Talbert Avenue in the Village Center shopping center.

PASSED, APPROVED AND ADOPTED THIS 8
TH DAY OF DECEMBER, 2023
______________________________ ______________________________ Chairman Secretary

Attachment #1

Resolution No. 23-08

BY SIGNING THIS PERMIT, THE PERMITTEE ACKNOWLEDGES ALL OF THE

CONDITIONS IMPOSED AND ACCEPTS THIS PERMIT SUBJECT TO THOSE

CONDITIONS AND WITH THE FULL AWARENESS OF THE PROVISIONS OF CHAPTER 21.44 AND CHAPTER 21.36 OF THE FOUNTAIN VALLEY MUNICIPAL CODE.

BY SIGNING THIS RESOLUTION, THE APPLICANT ACKNOWLEDGES

ACCEPTANCE OF THE BENEFITS OF THE PRECISE PLAN AND CONDITIONAL USE

PERMIT AND AGREES TO WAIVE ANY RIGHT TO LATER CHALLENGE ANY CONDITION(S) IMPOSED AS UNFAIR, UNNECESSARY, OR UNREASONABLE. /
Date Applicant Sign/Print

Attachment #1

EXHIBIT 1

CONDITIONS OF APPROVAL
Precise Plan 569
Conditional Use Permit 1910
Dutch Bros CA 5501
Village Center Shopping Center
NE Corner Magnolia Street & Talbert Avenue
Fountain Valley, CA
The following Conditions of Approval [COA] apply to this project. The COA’s are specific conditions applicable to the proposed project. The property owner is responsible for the fulfillment of all conditions and standard development requirements, unless specifically stated otherwise.

In addition to complying with all applicable City, County, State and Federal Statutes, Codes, Ordinances, Resolutions and Regulations, permittee expressly accepts and agrees to comply with the following Conditions of Approval of this Permit:

Planning Department Conditions:

1. The site plan, floor plan, and elevation plans dated February 1, 2023 (attached as Attachment #3 to the staff report for the Project) have been reviewed and approved by the Planning Commission on March 8, 2023.

2. The number of persons shall not exceed the maximum occupancy load as determined by the Fire Department. If required by the Fire Department, signs indicating the occupant load shall be posted in a conspicuous place near the main entrance and must be posted prior to final inspection and prior to issuance of a certificate of occupancy for the business.

3. Signs for this facility shall comply with the Sign Program for the Fountain Valley Square Shopping Center.

4. The windows of the business shall be free of any obstruction, tinting, or painting, except for window signage as permitted by the Fountain Valley Sign Code.

5. The hours of operation shall be restricted to the hours from 5:30 a.m. to 11:00 p.m., seven (7) days per week. Hours of delivery shall be restricted to the hours of 7:00 a.m. to 8:00 p.m. Monday through Friday, 9:00 a.m. to 8:00 p.m. on Saturday, and no time on Sunday or legal holiday.

6. There shall be no trash dumping from the facility between the hours of 10:00 p.m. and 7:00 a.m., seven (7) days a week.

7. Truck delivery material and goods shall not be stored outside of the building and shall be moved to the inside of the store expeditiously upon delivery.

Attachment #1

PP 569 & CUP 1910

8. Operation of the drive-through shall not result in stacking of vehicles in such a manner that would result in obstruction to any access aisle or parking spaces for other tenants in the retail center, the main drive aisles for the retail center, or public streets. If the drive-through operation affects traffic for other tenants, the main drive aisles of the retail center, or the public street, design alternatives to remedy the issue, such as modifying the parking lot, mobile order takers, or other alternatives, shall be presented to the City for review and approval by the Community Development Director.

9. In the event vehicles extend beyond the drive-through lane, Dutch Bros shall employ staff to direct traffic to begin the line-up to the drive-through queue in the middle of the center and wrap around to the one-way drive-aisle. This route is depicted on Sheet SP1.0 on the plans labeled Attachment #3 to the staff report.

10. To prevent scavenging, illegal dumping, and to contribute to the general cleanliness of the shopping center, the Project shall install a new trash enclosure containment area with a screened and securable gate compliant with FVMC 21.18.100 and Rainbow Environmental/Republic Services specifications. Also, exterior signage shall be provided outside of the trash enclosure prohibiting the scavenging of any material from the trash dumpster. Any refuse containment area and signage shall be included in the applicant’s plan check submittal to the Building Department and shall be installed prior to issuance of certificate of occupancy of the Project.

11. The applicant shall install signage near the trash dumpster prohibiting trash dumping during the hours of 10:00 p.m. – 7:00 a.m. compliant with FVMC 6.28.050. Said signage shall be installed prior to certificate of occupancy of the building.

12. The colors, materials and facades of the building shall be as approved by the Planning Commission. No changes to the colors or materials shall occur without approval by the Community Development Director. Changes that the Community Development Director deems to vary significantly from the originally approved design shall be forwarded to the Planning Commission for its review and determination.

13. All vents, gutters, downspouts, flashings, electrical conduits, etc. shall be painted to match the color of the adjacent surface.

14. Exterior lighting shall be scheduled to direct the light downward away from the residential properties. If needed, light shielding may be installed to prevent light spillage onto adjacent properties. No additional exterior lighting is to be added unless a photometric study concludes the added lighting will have zero lighting shed impact on adjacent properties.

15. The applicant shall provide signing on the trash enclosure prohibiting the salvage of any material from the trash dumpsters. Signage shall be subject to review and approval by the Community Development Director, shall be included in the applicant’s plan check submittal to the Building Department, and shall be installed prior to certificate of occupancy of the business.

Attachment #1

PP 569 & CUP 1910

16. Precise Plan No. 569 and Conditional Use Permit No. 1910, shall be approved and in effect for a period of 24 months from the original date of approval by the Planning Commission and/or City Council. If no development has commenced at the end of this 24-month time period, Project approval shall expire and be determined void. A oneyear extension may be granted at the discretion of the Community Development Director. A request for an extension of time should be made in writing by the applicant thirty (30) days prior to the expiration date.

Date of Project Approval: March 8, 2023
Date of Project Expiration: March 8, 2025

17. The resolution is not effective unless it is signed by the applicant indicating and acknowledging his/her understanding of the conditions imposed herein. The failure of the applicant to sign this permit in no way shall be deemed to confer any greater rights than are contained in this permit.

18. By signing and accepting the resolution, the applicant accepts the benefits conferred by the permit subject to the conditions imposed therein. By accepting the right to operate pursuant to the permit, the applicant waives all rights to challenge any condition imposed as unfair or unreasonable.

19. The applicant agrees to indemnify, hold harmless, and defend the City, its officers, agents and employees, from any and all liability or claims that may be brought against the City arising out of its approval of this permit, save and except that caused by City's active negligence. The applicant shall provide a copy of conditions of approval to each manager and to all employees.

20. The applicant shall comply with all federal, state, and local laws. Violations of any of those laws in connection with the use will be cause for revocation of this permit.

21. Violation of any condition of approval shall be a misdemeanor.

22. Install, and maintain in proper working order, security cameras around the premises.

These cameras should include, but are not limited to, visual coverage of the areas available to the public on the inside of the business as well as the parking area in front of the business. These cameras will have high resolution and low-light capability.

Video from all cameras will be recorded and made available to the Police Department upon request. A video camera plan shall be included in the applicant’s plan check submittal to the Building Department and security cameras shall be installed prior to issuance of certificate of occupancy of the business.

23. The Community Development Director may interpret the implementation of each condition of approval and, with advanced notice, grant minor amendments to approved plans and/or conditions of approval based on changed circumstances, new information, and/or relevant factors as long as the spirit and intent of the approved condition of approval is satisfied. Permits shall not be issued until the proposed minor amendment has been reviewed and approved for conformance with the intent of the approved condition of approval. If the proposed changes are substantial in nature, an amendment to the original entitlement may be required pursuant to the provisions of

Attachment #1

PP 569 & CUP 1910

the Fountain Valley Municipal Code.

24. Applicant shall comply with FVMC 21.24.110(27) which prohibits vehicle signs for the principal purpose of advertising a business.

25. No satellite dishes greater than 2.2 meters shall be installed on the subject property without approval of the Planning Commission.

26. All roof-mounted mechanical equipment (air conditioning, heating, ventilation ducts, exhaust, etc.) shall be screened from the view of adjacent properties and rights-ofway as specifically approved by the Community Development Director. Roof treatment shall be common to the building and extended to all four (4) building elevations.

27. Street and unit numbers are to be maintained in such a manner as to be plainly visible, shall not be hidden from view by trees, shrubs, bushes, etc., and other obstructions on the property. Street numbers shall be located and be a minimum size so that they are clearly visible from the street and be maintained on the front and rear doors. All numbers shall not be less than 6 in. in height and 2 in. in stroke and be of contrasting color from the background. Street and unit numbers must be installed prior to issuance of Certificate of Occupancy of the business.

28. To maintain the cleanliness of the property, the business owner shall be responsible for maintaining the area adjacent to their premises over which they have control free of litter.

29. An alarm system shall be installed and be of a type that sounds a signal when it is activated.

30. The operator shall not permit vending machines, water machines, games, rides, etc. on the exterior of the building.

31. There shall be no outdoor storage or display of any kind without the approval of a temporary use permit.

32. There shall be no outdoor seating or tables unless specifically allowed by the Community Development Director.

33. There shall be no live entertainment within the facility.

34. The sale and consumption of alcohol on the premises shall be prohibited.

35. The petitioner shall be responsible for maintaining the premises free of graffiti.

36. Permittee acknowledges that Education Code Section 48200 et. seq. provides that persons between the ages of 6 and 18 are subject to compulsory education and are required to be in school unless exempted. Permittee agrees not to allow the business to become a "hang out" for truants and agrees not to allow youths to congregate or otherwise loiter in or around the business. Permittee shall take reasonable steps to control the conduct of others on this property so that it does not become a nuisance or otherwise disturb the peace and quiet of the neighborhood or peace, health and safety of the community.

Attachment #1

PP 569 & CUP 1910

37. The operator will ensure that there will be no drinking and/or loitering in the parking lot or within 100 feet of the establishment in areas where the operator has control.

38. Subject to verified complaints and/or calls for service, the Community Development Director or Chief of Police may require additional security measures, including but not limited to the provision of security guards, cameras and further limitations on the hours of operation.

39. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee.

40. Three or more sustained complaints within any one-year period received by the Fountain Valley Police Department regarding disturbances which have been caused by the business at the above referenced location may be grounds for revocation proceedings.

41. The conditions herein contained shall run with the property and shall be binding on the applicant, and all heirs, executors, administrators, and successors in interest to the real property that is the subject of this approval.

Building Department Conditions:

42. Install, maintain and provide for all California Disabled Access compliance per the California Building Code and the Division of State Architect. No encroachment into the disabled path of travel is allowed under any condition with the exception of emergency vehicles and personnel.

43. Projects must comply with the California Code of Regulations, Title 24; Fountain Valley Ordinances, and California law in effect at the time of plan submittal.

Public Works Department Conditions:

44. Grant no easement over any portion of this improvement between the time of approval of the tentative improvement and the time of final approval of the improvement, except as required by the City Engineer.

45. All public improvements, including but not limited to, streets, sewer, water, storm drain, traffic systems, traffic control, and street repairs shall be constructed in accordance with the most recent edition of the City of Fountain Valley Public Works Standard plans.

46. Provide improvement plans as prepared by a Registered Civil Engineer for all improvements. The plans shall be 24 in. by 36 in. mylar with an appropriate engineering scale (1”=10’, 1”=20’, 1"=40'). The plans shall include, but not be limited to, paving, sidewalk, curb, gutter, street lighting and all underground utilities.

Underground utilities shall include, but not be limited to: electrical, communications, street lighting, gas, sewer, water and appropriate storm drain facilities. The design, layout and location of the gas, electrical, communications and street lighting shall be in accordance with the requirements of the respective utility company.

Attachment #1

PP 569 & CUP 1910

47. The developer shall provide complete "as-built" plans on 24"x36" of the appropriate scale mylar and electronic format AutoCad, latest version, in accordance with City standards prior to Public Works approval to release utilities and certificate of occupancy.

48. Without credit, provide for street improvements including, but not limited to, curbs, gutters, street paving, traffic control devices, ADA accessible driveway approaches, ADA curb ramps, and sidewalks within the public right-of-way.

49. Provide sanitary sewer facilities as required with the City’s Sewer Master Plan and to the satisfaction of the City Engineer.

50. Install a reduced pressure principle device on the domestic water supply line to the buildings as required by the City Engineer.

51. All vehicular access shall conform to the City of Fountain Valley standard plans and specifications and shall be subject to final approval of the City Engineer.

52. Comply with the applicable provision of City ordinances concerning payment of fees or assessments, zoning regulations and subdivision development. All fees and assessments must be paid prior to the approval of the improvement plans and issuance of any permits.

53. Pay a Traffic Impact Fee generated by subject development as determined by City Engineer. The developer may, at its cost, contract the services of a Registered Traffic Engineer to prepare a trip generation analysis study for purposes of identifying the net increase in vehicle trip ends. The results of such study shall be subject to the approval of the City Engineer. No reduction for linked trips is allowed. Fee is estimated to be $2,384.50

54. Pay a Sewer Connection Fee in accordance with the City’s Sewer Master Plan and Title 14 the FVMC. In the event that this fee has not been paid with previous development activity, the developer shall be responsible for payment of the fee applied to the gross acreage of the entire property.

55. No sewer connection shall be made in Magnolia Street.

56. Pay $4.65 per front foot for the existing sewer line, to be determined by Public Works, in accordance with Title 14 of the Fountain Valley Municipal Code.

57. Pay $4.65 per front foot for the existing waterline in Magnolia Street accordance with Title 14 of the FVMC.

58. Pay a Median Beautification Fee in the amount of $8.54 per front foot for medians on Magnolia Street in accordance with Title 20 of the FVMC.

59. A backflow prevention assembly will need to be installed by the applicant’s contractor.

Installation inspection will be completed by the Fountain Valley Water Department.

60. Pay Development Fees prior to plan approval.

Attachment #1

PP 569 & CUP 1910

Fire Department Conditions:

61. Code. Group B occupancies shall comply with 2019 California Fire Code (CFC), 2019 California Building Code (CBC), and current Fountain Valley Municipal Code (FVMC).

62. Premise Identification. Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. CFC 505.1. Verify address assignment with Fountain Valley Fire Department, Fountain Valley Building Department, and Planning Department.

63. Portable Fire Extinguishers. Provide one 2A10BC State Fire Marshal tagged fire extinguisher for every 3000 square feet of floor area. Travel distance not to exceed 75 feet. CFC 906.3

64. Knox Box. Where access to or within a structure or area is restricted because of secured openings or where immediate access is necessary for life-saving or firefighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access as required by the fire code official. CFC 506.1

65. Commercial Cooking Systems. All existing dry chemical and wet chemical extinguishing systems shall comply with UL 300. Commercial cooking equipment that produces grease laden vapors shall be provided with a Type 1 Hood, in accordance with the California Mechanical Code, and an automatic fire extinguishing system that is listed and labeled for its intended use. CFC 904.11

66. Combustible Materials. All drapes, hangings, curtains, drops and all other decorative material, including Christmas trees that would tend to increase the fire and panic hazard. These materials may also include natural and artificial decorative vegetation.

These materials shall be made from a nonflammable material, or shall be treated and maintained in a flame-retardant condition by means of a flame-retardant solution or process approved by the State Fire Marshal. The State Fire Marshal seal shall be attached to these items or a certificate of flame retardancy shall be provided to the Fire Department. CCR Title 19, Division 1, Section 3.08

67. CO2 storage. If more than 100 lbs. of CO2 storage is used, the following requirements apply.
a. Provide a monitoring system for CO2 storage.
b. See CFC Section 5307, California Health and Safety Code 6.95 and NFPA 55. c. Submit plans to FVFD and FVBD.
d. An annual fire permit will be required.
e. Electronic filing with the state website “CERS” is mandatory. f. An assembly permit will be issued after final inspection and every year thereafter.

68. General. Fire Safety during construction shall comply with Chapter 33 of the 2019 California Fire Code as well as the following:

Attachment #1

PP 569 & CUP 1910

69. Portable Fire Extinguishers. Structures under construction, alteration or demolition shall be provided with not less than one approved portable fire extinguisher in accordance with Section 906 and sized for not less than ordinary hazard as follows:
 At each stairway on all floor levels where combustible materials have accumulated.
 In every storage and construction shed.
 Additional portable fire extinguishers shall be provided where special hazards exist including, but not limited to, the storage and use of flammable and combustible liquids. CFC 3315.1

70. Hazardous Materials. There shall be no hazardous storage where the aggregate quantity exceeds the exempt amounts set forth in the California Fire Code. All storage, dispensing, use and handling of hazardous materials shall be in accordance with Chapter 50 of the 2019 California Fire Code.

Attachment #1

CITY OF FOUNTAIN VALLEY
Planning Department
10200 Slater Avenue, Fountain Valley, CA 92708
714-593-4425 – fountainvalley.org
Notice of Exemption_________________________________________________ TO: Office of Planning and Research FROM: City of Fountain Valley P.O. Box 3044, Room 113 10200 Slater Avenue
Sacramento, CA 95812-3044 Fountain Valley, CA 92708
County Clerk
County of Orange
12 Civic Center Plaza
Santa Ana, CA 92701
Project Title: _________________________________________________________________________ Project Location/Address: ______________________________________________________________ Project Activity/Description: _____________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ Public Agency Approving Project: City of Fountain Valley, Orange County, California Project Applicant: _____________________________________________________________________ Project Applicant’s Address: ___________________________________Phone Number: ____________ _____________________________________________________________________________ Exempt Status: (check one):

Ministerial (Sec. 21080 (b)(1); 15268);
Declared Emergency (Sec. 21080 (b((3); 15269 (a));
Emergency Project (Sec. 21080 (b)(4); 15269 (b) (c));
Categorical Exemption. State type and section number: _________________________________ Statutory Exemptions. State code number: ___________________________________________ Reasons why project is exempt: __________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Lead Agency Contact Person: ___________________________ Contact Phone: _____________________________ If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project?: Yes No Signature: ________________________________ Date: _____________ Title: ___________________ Signed by Lead Agency Signed by Applicant

Attachment #1

EXHIBIT B
Attachment #1

Request for
Planning Commission Action
TO: Planning Commission DATE: April 12, 2023
FROM: Matt Jenkins, Senior Planner
SUBJECT: Dutch Bros Coffee CA5503 – Precise Plan No. 572, Conditional Use Permit No. 1914 & 1920
Location: Floor & Décor parking lot
9065 Warner Avenue
Zoning: C1 – Local Business
General Plan: General Commercial
Project Applicant: Dutch Bros Coffee – Wally Tirheimer
110 SW 4th Street
Grants Pass OR, 97526
Project Contact: Brianna Uy – Project Planner
Barghausen Consulting Engineers, Inc.

Property Owner: Merv Simchowitz
133 Penn Street
San Bernadino, CA 92408
Proposal:

Petition submitted by Brianna Uy with Barghausen Consulting Engineers on behalf of the applicant and the property owner, for Precise Plan No. 572 and Conditional Use Permit No. 1914 to construct a 950 square foot building with a double drive-through facility and Conditional Use Permit No. 1920 for shared parking for a proposed Dutch Bros Coffee establishment located in the parking lot of the Floor & Décor retail store at 9065 Warner Avenue (Attachment 1).

Code Requirement:

1. Precise Plan – FMVC 21.44 requires a PP for structures in the city, except for structures in the R1 zoning district. The project proposes a retail coffee / beverage establishment with a double drive-through.

Attachment #1

Planning Commission Action – PP 572, CUP 1914 & 1920
April 12, 2023

2. Conditional Use Permit – FVMC 21.08.030 Table 2-2 requires approval of a CUP for drive-in and drive-through sales in the C1 - Local Business zone. Additional development standards for drive-through facilities are located in FVMC Section

21.30.030.

3. Conditional Use Permit – FVMC 21.22.050(a) – Required off-street parking may be reduced when two or more uses on the same site have distinct and differing peak parking demands, subject to the review and approval of a parking study prepared by a California licensed traffic engineer.

Discussion:

The applicant is seeking approval for the construction of a 950 square foot building with a double drive-through for a Dutch Bros coffee establishment to be located in the parking lot of the existing Floor & Décor retail store at 9065 Warner Avenue. The proposed building would be located adjacent to the driveway entrance on Warner Avenue, east of the existing car wash property. The proposed facility will serve up to 22 vehicles in the drive-through que and walk-up customers from the outside. No outdoor seating is proposed for the project (Attachment 2).

Precise Plan 572:

The project lease area is approximately 21,706 square feet in size and is currently developed as a parking lot for the Floor & Décor retail store. The project will meet all development standards outlined in the Development Code including site area, setbacks, floor area ratio, and building height. The project will add 5,000 square feet of new landscaping for the Floor & Décor property in the existing parking lot. The 950 square foot building is setback approximately 30 ft. from Warner Avenue and vehicular access to the drive-through is from the interior parking lot of Floor & Décor. The architecture of the proposed building consists of mostly cement plaster in gray tones with a stone veneer applied at the base to provide an appealing design. The building’s storefront will consist of a fiber cement siding in the official blue color of Dutch Bros (Attachment 3).

CUP 1914:

Dutch Bros sells hot and cold drinks, including non-coffee options. According to their website, only five non-beverage products are available and include prepackaged baked goods. Dutch Bros plans to operate with 4-6 employees per shift and the drive-through and walk-up window will typically operate from 5:30 am to 10:00 pm Sunday through Thursday and 5:30 am to 11:00 pm Friday and Saturday. While these are the typical store hours for Dutch Bros, the business plan indicates the need to be able to extend their hours on a seasonal or permanent basis to up 24 hours per day. The drive-through will not include any speaker boxes. All customer orders are taken in person either at the window or with a runner that carries a handheld device to transmit orders to the kitchen.

Attachment #1

Planning Commission Action – PP 572, CUP 1914 & 1920
April 12, 2023

The proposed facility is located on a commercial property adjacent to commercially zoned properties to the north, west, and to the south. The closest residential uses are single-family homes located to the south across Warner Avenue adjacent to the southbound 405 Freeway onramp, over 200 feet from the Dutch Bros project area.

Drive-through Queue:

Drive-through facilities are often designed to take into account the amount of vehicles waiting in the queue before arriving at the menu/ordering board. Pursuant to FVMC 21.30.030(6), each drive-through facility must provide sufficient space to accommodate four (4) waiting vehicles. The applicant submitted a Queuing Analysis and Trip Generation study (Attachment 4) to evaluate the drive-through lane.

The proposed drive-through lane wraps around the building to provide a queueing capacity for twenty-two (22) vehicles. The study collected data from three other Dutch Bros drivethrough facilities located in Apple Valley, La Qunita, and Indio. The study found that a maximum queue length observed was 22 vehicles at the Apple Valley facility, from 11:30 to 11:35 am, and 1:05 pm to 1:10pm. The proposed site, with a capacity to accommodate twenty (20) vehicles in the drive-through lane, should provide enough room for the expected demand. Should the drive-through queue exceed 20 vehicles, stacking would occur at the interior of the property, in the parking area to the north, which will not block the public rightof-way or any driveway access points along Warner Avenue.

The project’s trip generation was based on the land use rate of a coffee/donut shop with drive-through window as listed in the ITE Trip Generation manual. As this facility is typically not considered a destination stop, it is called a pass-by trip, in which the stop is not a new trip but one that already exists. Therefore, including the pass-by trip rates in the analysis for the new facility the project is anticipated to generate 14 net new trips during the am peak hour and 6 net new trips in the pm peak hour, for a total of 86 net new daily trips. Public Works Department has reviewed the traffic study analyzing the vehicle circulation and queuing and has no concerns with the proposed layout.

CUP 1920 – Shared Parking:

Under the recently adopted code requirements for drive-through parking, the Dutch Bros drive-through facility requires four (4) parking spaces for the 950 square foot building, where 50% of the vehicle spaces may be credited towards meeting the required parking. Since there are 22 vehicle spaces in the que lanes, the project exceeds the required parking based on the smaller building size. Using the new parking ratios in Table 1 (below) to calculate the required parking, the total required parking for Floor & Décor is 214 parking spaces, and 198 spaces are provided, thus leaving a shortfall of 16 spaces.

Attachment #1

Planning Commission Action – PP 572, CUP 1914 & 1920
April 12, 2023

Table 1
Use Area Parking Ratio Required Spaces
Floor & Decor
Mercantile Sales Area 45,185 1/250 181
Loading & Storage Area 5,995 1/300 20
Office Area 2,320 1/250 9
Dutch Bros. Coffee 950 1/250 4
Total 54,450 214
Subject to FVMC 21.22.050, required off-street parking requirements may be reduced with approval of a CUP by the planning commission where two or more nonresidential uses on the same site have distinct and differing peak parking demands. The applicant has provided a shared parking analysis prepared by a licensed traffic engineer included with the drivethrough queuing analysis in Attachment 4.

In order to calculate the shared parking demand, the analysis used data available from the International Traffic Engineers (ITE) Parking Generation manual to calculate peak hour demand. Table D from Attachment 4 shows the forecast hourly parking demand for the center with a maximum anticipated parking demand of 166 spaces. There are 198 parking spaces provided on the Floor & Décor property therefore parking should not be an issue with the project.

Based on the popularity of the business, the only negative impact staff foresees is the potential for large que lines during certain times of the day. However, this issue should be contained with the proposed conditions of approval. No issues with the proposed project nor the proposed hours of operation have been raised with the Fountain Valley Police Department.

The proposed project is consistent with the General Plan and zoning ordinance, complies with applicable development standards, will not negatively impact adjacent residences, and will provide for additional beverage options for the City. Staff also feels that the proposed project meets the requirements for drive-through facilities as set forth in FVMC 21.30.030.

The site has been designed to alleviate any concerns regarding traffic, congestion, excessive pavement, litter, noise, and unsightliness. With conditions of approval in Attachment 5, staff supports the request as submitted.

Environmental Clearance:

The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the city’s environmental review procedures and can be determined categorically exempt pursuant to Class 3 (Section 15303 – New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA) Guidelines.

Attachment #1

Planning Commission Action – PP 572, CUP 1914 & 1920
April 12, 2023

Class 3 consist of construction of new structures including not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances, where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive. The proposed 950 square foot building and use does not include a significant amount of hazardous substances, all public services and facilities are available to the site, and the surrounding area is not environmentally sensitive (Attachment 6).

Notice Furnished:

Public hearing notices were mailed to all property owners and commercial tenants within 500 feet of the subject property. The item was published in the Fountain Valley View and notices were posted at City Hall and the Recreation Center.

Alternatives:

1. Adopt Resolution No. 23-08 adopting a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approving PP 572, CUP 1914 & 1920 for a new Dutch Bros coffee establishment adjacent to the Floor & Décor retail store located at 9065 Warner Avenue.

2. Continue the request and direct staff to prepare a resolution for denial.

3. Continue this request for additional information.

Recommended Action:

Staff recommends that the Planning Commission adopt Alternative #1: Adopt Resolution No. 23-08 adopting a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approving PP 572, CUP 1914 & 1920 for a new Dutch Bros coffee establishment adjacent to the Floor & Décor retail store located at 9065 Warner Avenue.

Prepared By: Matt Jenkins, Senior Planner
Reviewed By: Steven Ayers, Principal Planner
Approved By: Omar Dadabhoy, Deputy City Manager / Community Development Director
Attachments: 1. Vicinity Map

2. Project Description Letter

3. Site Plan Floor Plan

4. Queuing Analysis

5. Resolution No. 23-08 with Exhibit 1 Conditions of Approval

6. Notice of Exemption

Attachment #1

Vicinity Map
Dutch Bros CA 5503
Precise Plan No.

Conditional Use Permit No. 1914 & 1920
9065 Warner Avenue
572

Attachment #1

PROJECT NARRATIVE
CUP, Precise Plan of Design,
and Parking Reduction
Dutch Bros Coffee
9065 Warner Avenue
Fountain Valley, CA 92708
Store No. CA-5503
Prepared by:

Barghausen Consulting Engineers, Inc.

October 28, 2022
Our Job No. 22343

Attachment #1

1 22343.003-Narrative.docx
Project Overview
The project proposes construction of a new 950-square-foot Dutch Bros Coffee with a dual drive-through lane to accommodate stacking for up to 22 vehicles. A customer walk-up window is located on the opposite side of the drive-through service window within a large patio space abutting the front building façade. The patio space will include outdoor seating with a large canopy awning above for shade and weather protection. Additional site improvements include surface parking, new interior and perimeter landscape, and construction of a masonry trash and recycling enclosure.

The site is located in an existing parking lot for Floor & Décor on Warner Avenue, west of interstate 405.

The property is currently zoned as Local Business (C1). A Conditional Use Permit and Precise Plan of Design is required. In addition, a shared parking reduction between Floor & Décor and the Dutch Bros Coffee proposal is requested requiring a supplemental Conditional Use Permit.

Parking Reduction
The proposal will remove 76 parking spaces currently serving Floor & Décor and add 17 parking spaces, for a net reduction of 59 parking spaces. Based on the City Code, 214 parking spaces are required for both the Floor & Décor and Dutch Bros Coffee uses. The City code states 50 percent of the drive-through can be credited towards the restaurant use. The drive-through is proposing to stack 22 vehicles. Eleven can be credited for the restaurant use. The restaurant use requires four (4) parking spaces. The total required parking is reduced to 210 parking spaces. The proposal is recommending 200 parking spaces. A Conditional Use Permit is required to reduce the number of parking spaces for shared parking based on the City of Fountain Valley Municipal Code requirements in Chapter 21.22.050. A Traffic Report is enclosure with this application for review. The report was completed on October 12, 2022. The Dutch Bros Coffee site plan was updated after that timeframe to add one (1) more parking space.

Dutch Bros Coffee Characteristics
Dutch Bros Coffee, known for their upbeat baristas and genuinely caring service, is a growing drive-through coffee company with more than 400 locations in eight states and over 10,000 employees. Their three main values include speed, quality, and service. All Dutch Bros Coffee locations serve Private Reserve Coffee, White Coffee, and Decaf Coffee as espresso options, all roasted in Grants Pass, Oregon. Along with coffee, the menu includes a variety of Dutch Bros Blue Rebel energy drinks, lemonade, and tea. Limited packaged food items will be provided such as muffin tops and granola bars.

Queuing and Stacking
Approximately 440 feet of stacking space is available behind the drive-through window to provide queuing for up to 22 vehicles. Dutch Bros Coffee will implement a runner system at the proposed facility that is designed to increase speed and efficiency in serving drive-through customers. Dutch Bros Coffee employees travel from vehicle to vehicle to greet customers and take orders. These "runners" utilize a handheld device to transmit customer's orders to the multiple drink stations inside the building. Additionally, runners will charge individuals while in line, so by the time they arrive at the service window, they may pick up their order and be on their way. This system decreases wait times, while allowing the runners to have a more personal face-to-face interaction with customers.

The drive-through will not include any speaker boxes. All customer orders are taken in person either at the window or with a runner that carries a handheld device to transmit orders to the kitchen. This ordering process minimizes noise impacts and decreases the amount of vehicle idling at menu boards that are common at traditional drive-through facilities.
enclosed
Attachment #2

2 22343.003-Narrative.docx
Operational Measures
The Dutch Bros Coffee site is proposing an extensive directional sign package that will direct customers throughout the site. In addition, the layout of the site was designed to create the best possible flow and the maximum queuing possible to reduce spillover onto neighboring properties or the public roads.

All staff are required to attend a monthly shop meeting to discuss traffic plans in detail. In addition, the staff will gather before each shift to ensure the traffic strategy is set.

Approximately three (3) or four (4) staff will be dedicated to the parking area throughout the day to take orders and receive payments. In addition, one (1) person's sole responsibility will be traffic control. Tactics will include instructing all vehicles to pull forward as close as possible to utilize the maximum queuing available, directing cars into the waiting area or the escape lane if needed, and ensuring no cars are blocking the road or areas they are not allowed to block.

These measures, in addition to implementing the runner system described above, will reduce customers time at the window to 30 to 45 seconds. If customers are taking longer than that timeframe, the drink runners will bring drinks to the customers in line behind the window to allow those customers to exit via the bypass/exit lane. This means customers are not required to reach the drive-through window to receive their order and exit the site. These measures significantly minimize the potential for queuing spillover outside the dedicated drive-through lanes.

The typical business hours for Dutch Bros Coffee are from 5:00 a.m. to 11:00 p.m. on each day of the week.

Please note that the proposed facility may extend business hours of operation to 24 hours on a seasonal or permanent basis in the future. Approximately eight (8) employees will work on site during peak hours.

Site Design and Orientation
The proposed Dutch Bros Coffee is located on the west of the development site near the entrance to the existing parking lot. The dual drive-through lanes start at the east and extend along the southern property line until it reaches the drive-through window on the east building façade. The building will include a separate customer window that is oriented to the western side of the site to serve pedestrian walk-up traffic only.

The project site is located within an existing parking lot with Floor & Décor located to the east of the building.

Architecture
The proposed building is visually interesting and will be constructed with a variety of high-quality building materials and painted with simple, bold colors. Vertical and horizontal façade breaks, building massing, and modulation have all been incorporated into the design of the building. Canopy awnings are provided over all entrances and service doors, including a large 300-square-foot canopy over the customer walk-up service window providing weather protection. The building features modulation with a tower element, building wall articulation, and building materials that are aesthetic and compatible with other newer developments in the community. Colorful and visually interesting wall signs depicting the Dutch Bros Coffee logos will be installed on all sides of the building.

Signs and Lighting
Signs proposed for use at the project site will conform to the City of Fountain Valley Zoning Code. Signs proposed to be installed at the project site include wall, menu, drive-through, parking lot, and directional signs. Signs will be constructed with high-quality materials and properly installed under separate permits.

Site lighting is existing and will remain for the safety and security of all customers, pedestrians, and employees. Outdoor lighting and illumination at the site will include parking lot security lighting and pedestrian scale lighting within the patio space and along the pedestrian pathway. Exterior building lighting

Attachment #1

3 22343.003-Narrative.docx
will be installed on the building façade. The drive-through area will be provided with security lighting. All lights will include shields to direct light toward the project site and keep glare away from the adjacent land uses and rights-of-way.

Findings For Conditional Use Permit Approval
The proposed use is allowed within the respective zoning district with the approval of a conditional use permit and complies with all other applicable provisions of this title and this code; Response: The proposed use is allowed within the zoning district. The site is designed to satisfy the intent of all applicable codes. The project is designed to meet the minimum dimensional standards for new development in the C1 district.

The proposed use would be consistent with the actions, goals, objectives and policies of the general plan and any applicable specific plan;
Response: This project is designed to meet all applicable Zoning Codes for the Local Business zone, which provides the legislative framework to enhance and implement the goals, policies, plans, principles, and standards of the General Plan. Therefore, this project is consistent with the General Plan. The project meets the following goals and objectives in the General Plan:
• Community Design Goal 2.6 – Improve architectural quality of development within Fountain Valley
• Community Design Goal 2.8 – Well designed commercial development • Community Design Goal 2.10 – Safe and attractive pedestrain facilities • Community Design Policy 2.6.1 – Promote residential, commercial and industrial development which achieves harmony without monotony in the built environment • Community Design Policy 2.6.2 – encourage planning and design which is people oriented, sensitive to the needs of visitors and residents, and is functionally efficient for its purpose. • Community Design Policy 2.10.2 – Enhance pedestrain facilities in non-residential areas • Economic Development Goal 2.12 – Enhance the City's economic base and business environment
• Economic Development Policy 2.12.1 – Assist in the preservation, improvement and intensification of existing commercial development
The design, location, shape, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity;
Response: The design, location, shape, and operating characteristics of the Dutch Bros Coffee is compatible with the existing land uses. The current proposal is located in an existing commercial area and proposes a service-oriented use. The Dutch Bros Coffee is a small-scale coffee shop with a walk-up customer window serving pedestrian traffic that is compatible with the nearby residential development. The use is consistent with the underlying zone that surrounds the property, which will guarantee that this project will be compatible with future development in the vicinity.

The subject site is physically suitable for the type and density/intensity of use being proposed including the provision of public access (e.g., width and pavement type), facilities and utilities (e.g., drainage, fire protection, sewers, water), shape, size, the absence of physical constraints and compatibility with adjoining land uses;

Attachment #1

4 22343.003-Narrative.docx
Response: The Dutch Bros Coffee will utilize existing access from Warner Avenue that currently provides access to Floor & Décor. There is an existing hydrant located in the public right-of-way along Warner Avenue near the southwest corner of the site. The project will design utility and grading plans for review by the appropriate jurisdiction for compliance with applicable standards and obtain any required permits prior to construction. The site is designed to accommodate the anticipated customer volume with the dual drive-through lanes and via the customer walk-up window. Based on survey data collected in the traffic report completed by Translutions, Inc., the maximum queue length anticipated is 22 vehicles. The proposed drive-through queue is designed to accommodate 22 vehicles. Additionally, the site provides parking for the maximum demand of both the Floor & Décor and the Dutch Bros Coffee use.

Granting the conditional use permit would not be detrimental to the public convenience, health, interest, safety or welfare, or injurious to persons, property or improvements in the vicinity and zoning district in which the property is located; and
Response: Dutch Bros Coffee strives to create a safe space by designing the site with the maximum queuing possible to reduce spillover onto neighboring properties or the public roads.

Dutch Bros Coffee will apply for any required permit applications to review safety and health standards to maintain a clean, well-maintained site.

The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the city’s environmental review procedures.

Response: The project will be reviewed and will be in compliance with CEQA. The project is anticipated to be categorically exempt from environmental review in accordance with CEQA Section No. 15332 in the California Quality Act Guidelines, which exempts projects characterized as "in-fill development."

The applicant has demonstrated his understanding of the conditions imposed in any conditional use permit granted to him and has agreed on the record to abide by those conditions.

Response: Dutch Bros Coffee will review the conditions when provided and work with the City staff to address the necessary requirements as needed.

Findings for Precise Plan of Design
The design and layout of the proposed development would:

Be consistent with the actions, goals, objectives and policies of the general plan, any applicable specific plan and the development and design standards/guidelines of the applicable zoning district; Response: As mentioned above, this project is designed to meet all applicable Zoning Codes for the Local Business Zone, which provides the legislative framework to enhance and implement the goals, policies, plans, principles, and standards of the General Plan. Therefore, this project is consistent with the General Plan.

Not interfere with the use and enjoyment of neighboring existing or future developments, and would not create traffic or pedestrian hazards; and
Response: The project as proposed will not interfere with the use and enjoyment of existing or future developments and would not create traffic or pedestrian hazards. The site is designed to provide optimal traffic circulation and accessible pedestrian access. Based on survey data collected in the Traffic Report completed by Translutions, Inc., the maximum queue length anticipated for the site is 22 vehicles. The proposed drive-through queue is designed to accommodate 22 vehicles. Additionally, the site provides parking for the maximum demand of both

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5 22343.003-Narrative.docx
the Floor & Décor and the Dutch Bros Coffee use. An ADA pathway is proposed to connect the public right-of-way to the customer walk-up window for pedestrian traffic.

Provide a desirable environment for its occupants and visiting public as well as its neighbors through good/proper aesthetic use of materials, texture and color, and would remain aesthetically appealing and retain an appropriate level of maintenance.

Response: Dutch Bros Coffee is a successful business that will promote improvement of the existing commercial area. The proposed building is visually interesting and will be constructed with a variety of high-quality building materials and painted with simple, bold colors. It will also provide enhanced landscaping areas, lighting, and pedestrian open space at the project site that will benefit all customers and users in the immediate vicinity and the surrounding areas.

The architectural design of the proposed structure(s) would be compatible with the character of the surrounding neighborhood and would maintain and enhance the attractive, harmonious and orderly development contemplated by the actions, goals, objectives and policies of the general plan, any applicable specific plan and this chapter;
Response: As mentioned above in this narrative, the proposed building is visually interesting and will be constructed with a variety of high-quality building materials and painted with simple, bold colors. Vertical and horizontal façade breaks, building massing, and modulation have all been incorporated into the design of the building. Canopy awnings are provided over all entrances and service doors, including a large 300-square-foot canopy over the customer walk-up service window providing weather protection. The building features modulation with a tower element, building wall articulation, and building materials that are aesthetic and compatible with the surrounding commercial development.

The proposed development would not:

Be detrimental to the public convenience, health, interest, safety or welfare, or materially injurious to the properties or improvements in the immediate vicinity; or Response: The proposal will not be detrimental to the public convenience, health, interest, safety, or welfare or materially injurious. Dutch Bros Coffee will apply for all required permits for the necessary review to ensure safety requirements are met and to ensure the site will not negatively impact the surrounding area or environment.

Substantially depreciate property values in the immediate vicinity or interfere with the use or enjoyment of property in the surrounding neighborhood, because of excessive dissimilarity or inappropriateness of design in relation to the surrounding neighborhood.

Response: The proposal is consistent with the underlying zoning and surrounding development.

Dutch Bros Coffee is a successful business that will promote improvement of the existing commercial area.

The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the city’s environmental review procedures.

Response: The project will be reviewed and will be in compliance with CEQA. The project is anticipated to be categorically exempt from environmental review in accordance with CEQA Section No. 15332 in the California Quality Act Guidelines, which exempts projects characterized as "in-fill development."

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Finding for Parking Reduction
Required off-street parking requirements may be reduced with approval of a conditional use permit by the planning commission where two or more nonresidential uses on the same site or immediately adjacent sites have distinct and differing peak parking demands. Requests for a conditional use permit for shared parking shall meet all of the following requirements:

A parking study prepared by a California licensed traffic engineer or civil engineer experienced in the preparation of such study shall be submitted by the applicant demonstrating that no substantial conflict will exist in the peak hours of parking demand for the uses for which joint use is proposed. The parking study shall provide findings, recommendations, and a summary table of all existing and proposed uses with square footages and hours of operation, in the shared parking arrangement. The methodology to be used in preparing the study shall be that promulgated by the Institute of Transportation Engineers (ITE);
Response: A Traffic Study was completed by Translutions, Inc., dated October 12, 2022. Based on the Institute of Transportation Engineers (ITE) Parking Generation 5th Edition, the overall shopping center development is anticipated to require up to 161 parking spaces at peak times. The project proposes 200 spaces, exceeding the projected peak demand upon project completion. The Traffic Report is enclosed with this application for review.

The number of parking spaces shall not be reduced below the number of spaces required during the peak hour demands for the combined total of the structures or uses involved; Response: Based on the Traffic Report, the shared parking at peak demand was at its highest at 1 p.m. with the parking demand of 161. The development will provide a total of 200 spaces upon project completion, exceeding the peak hour demands.

The most remote parking space shall be located within three hundred feet of the use it is intended to serve or as approved by the planning commission; and
Response: The most remote parking is existing and currently serving the Floor & Décor. All new or modified parking will be within 300 feet of the intended use. The peak parking demand is 161 spaces for the entire shopping center. Over 170 parking spaces are within 300 feet of both Floor & Décor and Dutch Bros Coffee buildings.

When applicable, a written and recorded agreement shall be drawn to the satisfaction of the city attorney and director and executed by all parties concerned assuring the continued availability of the number of parking spaces designated for shared use and availability of reciprocal access easements.

Response: A reciprocal access agreement will be provided.

A shared parking reduction may be approved provided the planning commission makes the following findings, in addition to the findings requirements of Chapter 21.36:

That the applicable parking requirements are excessive or inappropriate due to either the nature of the specific uses involved or because of special circumstances applicable to the site; Response: Dutch Bros Coffee is designed for drive-through services with an efficient ordering process and extended queue lines to accommodate the anticipated vehicular customers during peak flow. Due to the nature of the business design, Dutch Bros Coffee does not require a large amount of parking. Additionally, the peak times differ from Floor & Décor. To reduce the unused parking space, Floor & Décor and Dutch Bros Coffee will share parking. The Traffic Report indicated the peak demand is 161 parking spaces for the entire shopping center. The proposal provides 39 additional parking spaces beyond that demand to ensure there is suitable parking for the current proposal and future retail tenants.

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That the proposed parking facilities, as conditioned, comply with the intent and purpose of the parking regulations; and
Response: The purpose is to establish regulations to ensure that sufficient off-street parking facilities are provided for all uses and that parking facilities are properly designed and located to meet the needs created by specific uses and to protect the public safety and welfare. As proposed, the project is properly designed to meet the demand for the existing retail use and the proposed drive-through coffee use. Adequate off-street parking is proposed based on the Traffic Report findings to meet the needs of both businesses to protect the public safety and welfare.

That the provisions of the proposed shared parking program are reasonable, accountable and enforceable.

Response: The project is proposing parking that exceeds the anticipated demands based on the best available information prepared by the Traffic Engineer. The number of parking spaces is reasonable and enforceable by the City through the required permitting process.

Conclusion
The proposed Dutch Bros Coffee will enhance the commercial character of the Downtown Corridor and Local Business zoning. Dutch Bros Coffee is a successful business that will promote improvement of the existing commercial area. Dutch Bros Coffee locations are known to be clean and well maintained, providing quick service from friendly staff. The proposed coffee shop will provide excellent products and service, along with enhanced landscaping areas, lighting, and pedestrian open space at the project site that will benefit all customers and users in the immediate vicinity and the surrounding areas. The above narrative demonstrates how the proposal will increase the overall quality of the project site and positively impact the citizens and businesses of the surrounding community and the City of Fountain Valley.

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translutions, inc .
17632 Irvine Boulevard, Suite 200
Tustin, California 92780
(949) 656 3131
[email protected]
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October 12, 2022
Mr. Matt Jenkins, Senior Planner
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, California 92708
(via email)
Subject: Warner Avenue Dutch Bros. Coffee - Drive-Through Queuing & Parking Analysis Dear Matt:

Translutions, Inc. (Translutions) is pleased to provide this letter discussing the drive-through queuing analysis for the proposed 950 square-foot Dutch Bros. Coffee to be located at 9065 Warner Avenue in the City of Fountain Valley, California. The project includes the construction of a 950 square foot coffee shop with drive-through window in the parking lot for the existing Floor & Décor building. Specifically, this letter includes drive-through queuing surveys at several Dutch Bros. Coffee locations in Southern California to identify the potential queues at the proposed project location. The proposed Dutch Bros. Coffee will remove 76 spaces and add 16 spaces, for a net loss of 60 spaces in the center. Therefore, at the request of the City, a parking analysis has also been conducted for the entire center.

PROJECT DESCRIPTION
The shopping center currently has a 53,500 square foot Floor & Décor store and includes 259 parking spaces. The project proposes the construction of a 950 square-foot Dutch Bros. Coffee. Access to the project is provided by project driveway on Warner Avenue to the west and through Recreation Circle via the shopping center to the north. The proposed Dutch Bros.

Coffee will remove 76 spaces and add 16 spaces, for a net loss of 60 spaces. The project site plan is shown in Figure 1. Further, Figure 1 also shows that the stacking space at the drive-through window accommodates 22 vehicles. It should be noted that the plan includes an escape lane that allows vehicles to leave the queue for vehicles which receive their orders by employees prior to reaching the drive-through window.

DRIVE-THROUGH QUEUING ANALYSIS
To determine the potential drive-through queue lengths that may be anticipated with the completion of the project, a drivethrough queuing analysis was conducted based on the survey data of three open and operating Dutch Bros. locations in Southern California. The three sites were surveyed on a weekday and weekend in February 2022 from 5:00 a.m. to 11:00 p.m.

Appendix A includes the survey data. Table A shows the observed queues at the three locations. As shown in Table A, the maximum observed queue was 22 vehicles. It should be noted that the maximum observed queue occurred from 11:30 to 11:35 a.m. and 1:05 to 1:10 p.m., which is less than 1% of the 11 hours that the store is in operation. The site plan shown in Figure 2, provides queuing space for 22 vehicles. Therefore, the project’s available storage space in the drive-through lanes is anticipated to accommodate the maximum observed queue length surveyed at the Dutch Bros. locations in Southern California.

Table A: Dutch Bros. Southern California Locations Drive-Through Queues Maximum Queue Length
City Address Weekday Weekend
Apple Valley1 21690 Bear Valley Road 15 22
La Quinta1 44175 Jefferson Street 14 20
Indio1 81776 CA 11112 15 14
Maximum Queue Length 22 1 Drive-Through queues based on the survey data collected at 3 Dutch Bros. locations in Southern California in February 2022 by Counts Unlimited.

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PARKING ANALYSIS
Parking Supply
As stated earlier, the site includes 259 parking spaces. The project proposes the removal of 76 spaces and the addition of 16 spaces. As a result, once the project is constructed, the site will have 199 spaces. The City’s Code also allows that 50% of the drive through area from parking requirements for the project. The Dutch Bros Coffee include 22 vehicles in the drive through area, and as such, a credit of 11 vehicles have been applied to the center. Therefore, the shopping center has the equivalent of 210 spaces.

Parking Demand
City Code. The existing Floor & Décor has 53,500 square feet, of which the Mercantile Sales Area is 45,185 square feet, the Loading and Storage Area is 5,995 square feet and the Office Area is 2,320 square feet. The Dutch Bros. Coffee will include 950 square feet. The parking demand is shown on Table B. As seen on Table B, the parking demand is 214 vehicles. Therefore, the parking within the site will be deficient per City Code.

Table B: Parking Demand Per City Code
Use Area Parking Ratio Required Spaces
Floor & Décor
Mercantile Sales Area 45,185 250 181
Loading & Storage Area 5,995 300 20
Office Area 2,320 250 9
Dutch Bros. Coffee 950 250 4
Total Shopping Center 54,450 214
Please note that these have been calculated using the more restrictive land use of general retail use rather than “Building materials, furniture stores, hardware stores and plant nurseries”, so that flexibility of future use is allowed.

Institute of Transportation Engineers’ (ITE) Parking Generation. Section 21.22.050 of the City Code states that “A parking study prepared by a California licensed traffic engineer or civil engineer experienced in the preparation of such study shall be submitted by the applicant demonstrating that no substantial conflict will exist in the peak hours of parking demand for the uses for which joint use is proposed. The parking study shall provide findings, recommendations, and a summary table of all existing and proposed uses with square footages and hours of operation, in the shared parking arrangement. The methodology to be used in preparing the study shall be that promulgated by the Institute of Transportation Engineers (ITE)”. Consistent with the requirements under Section 21.22.050 of the City Code, this section calculates the shared parking requirements based on the ITE Parking Generation 5th Edition.

To calculate this, first the 95th percentile (85th percentile for coffee shop since 95th percentile is not available) rates were used to calculate the peak parking demand for non-December months. As discussed previously, to provide maximum flexibility for future uses, the rates for building supply store have not been used and shopping center rates have been used for the Floor & Décor. For shopping center use, the parking demand is available for Weekday, Friday, and Saturday, and therefore, the gross parking demand for each day has been calculated. For Coffee Shop with Drive Through use, the data available for weekday is for Monday through Thursday. Further, the Saturday dataset is based on only two uses and the rates are less than the weekday rates, and therefore, the weekday rate has been used for Saturday. Table C shows the peak parking demand for the land uses on site.

Table C: Gross Parking Demand Per ITE Parking Generation Weekday Friday Saturday
Shopping Center Rate 2.17 2.83 3.1

53.5 TSF Spaces 116 151 166
Coffee Shop Rate 12.52

0.95 TSF Spaces 12 12 12
Source: ITE Parking Generation, 5th Edition
To calculate the shared parking demand, these peak demands were allocated to operational hours based on data available from the ITE Parking Generation. To calculate peak hour demand, as required by City code, the gross parking demand for each use was multiplied by the occupancy factor of the corresponding use to calculate hourly occupancy for that use. Then, the maximum parking demand for the center was calculated for each hour based on the highest day (Weekday, Friday or Saturday).

Table D shows the forecast hourly parking demand for the center.

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Table D: Shared Parking Evaluation Based on Time-of-Day Demand Shopping Center Coffee Shop Maximum Parking Demand
Maximum Parking Required > Weekday Friday Saturday Weekday/Weekend Weekday or Weekend Time of Day 116 151 166 12 (Entire Center)
12:00-4:00 a.m. 0% 0 0% 0 0% 0 0% 0 0
5:00a.m. 0% 0 0% 0 0% 0 0% 0 0
6:00a.m. 0% 0 0% 0 0% 0 0% 0 0
7:00a.m. 0% 0 0% 0 0% 0 73% 9 9
8:00a.m. 0% 0 0% 0 0% 0 92% 11 11
9:00a.m. 0% 0 0% 0 0% 0 100% 12 12
10:00 a.m. 0% 0 74% 112 0% 0 88% 10 123
11:00a.m. 0% 0 87% 132 85% 141 73% 9 140
12:00 p.m. 77% 89 97% 147 97% 161 73% 9 156
1:00 p.m. 100% 116 100% 151 98% 163 77% 9 161
2:00p.m. 98% 114 92% 139 100% 166 58% 7 146
3:00p.m. 90% 104 85% 129 97% 161 62% 7 136
4:00p.m . 76% 88 84% 127 88% 146 62% 7 135
5:00p.m. 82% 95 78% 118 77% 128 0% 0 118
6:00p.m. 89% 103 75% 114 64% 106 0% 0 114
7:00p.m. 90% 104 63% 95 0% 0 0% 0 104
8:00p.m. 84% 98 0% 0 0% 0 0% 0 98
9:00p.m. 0% 0 0% 0 0% 0 0% 0 0
10:00 p.m. 0% 0 0% 0 0% 0 0% 0 0
11:00 p.m. 0% 0 0% 0 0% 0 0% 0 0
Maximum Parking Required 161
Source: ITE Parking Generation, 5th Edition
As seen from Table D, the maximum parking demand for the entire center is anticipated to be 161 spaces. The project provides 199 spaces (excluding the drive through spaces) and therefore, more parking than required is available.

CONCLUSION
The drive-through queuing analysis shows that the maximum observed queue was 22 vehicles. The project drive-through lanes provide queuing space for 22 vehicles. The project’s available storage space in the drive-through lanes is anticipated to accommodate the maximum queue of 22 vehicles without queues spilling over onto the main driveway aisles. In addition, applying the City code directly shows that there is a deficiency in the number of parking spaces provided. However, based on the shared parking analysis, which is allowed by City code, it is seen that sufficient parking will be available on site.

We hope you will find this information helpful. Should you have any questions, please don’t hesitate to call me at (949) 656- 3131 or by email at [email protected].

Sincerely,
translutions, Inc.

Sandipan Bhattacharjee, P.E., T.E., AICP, ENV SP
Principal

Exp. 03-31-24
No. 2847

TRAFFIC

STATE OF CALIFORNIA

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FIGURE 1
Dutch Bros. Coffee - Warner Avenue, Fountain Valley
Site Plan
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RESOLUTION NO. 23-08

A RESOLUTION OF THE FOUNTAIN VALLEY PLANNING

COMMISSION ADOPTING A NOTICE OF EXEMPTION IN

ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) AND APPROVING PRECISE PLAN NO. 572 AND
CONDITIONAL USE PERMIT NO. 1914 TO CONSTRUCT A 950

SQUARE FOOT BUILDING WITH A DOUBLE DRIVE-THROUGH
FACILITY AND CONDITIONAL USE PERMIT NO. 1920 FOR SHARED

PARKING FOR A PROPOSED DUTCH BROS COFFEE

ESTABLISHEMNT LOCATED IN THE PARKING LOT OF THE FLOOR
& DÉCOR RETAIL STORE AT 9065 WARNER AVENUE
WHEREAS, an application for Precise Plan No. 572, Conditional Use Permit No. 1914 & 1920 was submitted by Brianna Uy with Barghausen Consulting Engineering, Inc. on behalf of Dutch Bros Coffee – Wally Tirheimer (Applicant) in accordance with Municipal Code, Title 21; and
WHEREAS, the Fountain Valley Planning Commission considered said application at its noticed public hearing on April 12, 2023; and WHEREAS, the Planning Commission has imposed conditions, pursuant to the Precise Plan and Conditional Use Permit process, to ensure that the design and general appearance of the proposed project is in compliance with the purpose of the Municipal Code, Title 21; and
WHEREAS, the Planning Commission has determined that the proposed Precise Plan and Conditional Use Permit is consistent with the Fountain Valley General Plan.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

SECTION 1
The Planning Commission finds that due notice of the public hearings in the Council Chambers, City Hall, 10200 Slater Avenue, was given as required by the Fountain Valley Municipal Code (FVMC), Title 21, and the Statutes of the State of California.

SECTION 2
Findings and Supporting Facts: The Planning Commission finds that the subject application meets the criteria of a Precise Plan Permit found in Chapter 21.44 of the FVMC as follows:

1. The design and layout of the proposed development would:

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a. Be consistent with the actions, goals, objectives, and policies of the general plan, any applicable specific plan, and the development and design standards/guidelines of the C1 zoning district.

As detailed in the accompanying staff report, the 950 square foot addition will be architecturally complementary to the existing building and it will be consistent with the actions, goals, and objectives and policies of the general plan, and the development and design standards/guidelines of the applicable zoning district. The Project will meet the goals and policies of the General Plan by maintaining and enhancing high quality development by encouraging variety, quality, and innovation in land use practice (Goal 2.1/Policy 2.1.2) and will improve architectural quality of development by promoting commercial development which achieves harmony without monotony in the built environment and provides for a design that is people oriented, sensitive to the needs of visitors and residents, and functionally efficient for its purpose (Goal2.6/Policy 2.6.1 and 2.6.2).
b. Not interfere with the use and enjoyment of neighboring, existing or future developments, and would not create traffic or pedestrian hazards.

The proposed project will not interfere with the use and enjoyment of the neighboring developments and would not create traffic or pedestrian hazards.

The project proposes to construct a 950 square foot building with a double drive-through. The proposed drive-through location for this property maximizes the stacking for the building use, providing a queuing capacity of 22 vehicles which will accommodate the majority of any peak business times. c. Provide a desirable environment for its occupants and visiting public as well as its neighbors through good/proper aesthetic use of materials, texture and color, and would remain aesthetically appealing and retain an appropriate level of maintenance.

The proposed project will maintain and enhance high quality development throughout the city by encouraging variety, quality, consistency, and innovation in land use practice and promoting quality commercial development. The proposed project will also improve architectural quality of development within Fountain Valley by promoting commercial development which achieves harmony without monotony in the built environment and by encouraging planning and design which is people oriented, sensitive to the needs of visitors and residents and functionally efficient for its purpose. Lastly, the proposed architecture of the project will be fully finished on all elevations of the project and will be consistent with the approved upgrades to the rest of the shopping center.

2. The architectural design of the proposed structure(s) would be compatible with the character of the surrounding neighborhood and would maintain and enhance the attractive, harmonious, and orderly development contemplated by the actions,

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Resolution No. 23-08

goals, objectives, and policies of the general plan, any applicable specific plan, and this chapter.

The design of the Dutch Bros Coffee building will be compatible with the adjacent commercial buildings in the neighborhood in terms of architectural style and the earth-tone colors used.

3. The proposed development would not:
a. Be detrimental to the public convenience, health, interest, safety, or welfare, or materially injurious to the properties or improvements in the immediate vicinity.

The proposed project will not be detrimental to the public convenience, health, interest, safety, or welfare or materially injurious to the properties or improvements in the immediate vicinity. The project will provide for an increased landscaping within the project area and will not interfere with the use and enjoyment of neighboring developments. The project includes the construction of a new building with an architectural design that compliments the rest of the shopping center to help improve the overall appearance of the shopping center and therefore improve the health, interest, safety, and welfare of the properties in the immediate vicinity.
b. Substantially depreciate property values in the immediate vicinity or interfere with the use or enjoyment of property in the surrounding neighborhood, because of excessive dissimilarity or inappropriateness of design in relation to the surrounding neighborhood.

The project includes the construction of a new building with an architectural design that matches the rest of the shopping center. It will therefore not depreciate property values in the immediate vicinity or interfere with the use or enjoyment of property in the surrounding neighborhood, because of excessive dissimilarity or inappropriateness of design in relation to the surrounding neighborhood.

4. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City’s Environmental Review Procedures.

The proposed project has been reviewed in compliance with the provision of the CEQA and the City’s Environmental Review Procedures as noted below in Section 4.

SECTION 3
Pursuant to FVMC 21.10.030 – Table 2-2, businesses with drive-through facilities require a Conditional Use Permit.

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Findings and Supporting Facts: - The Planning Commission finds that the subject application meets the criteria for a Conditional Use Permit found in Chapter 21.36 of the Fountain Valley Municipal Code as follows:

1. The proposed use is allowed within the C1 zoning district with the approval of a Conditional Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code.

The proposed Dutch Bros Coffee with a double drive-through is an allowed use in the C1 zoning district subject to the Planning Commission’s approval of a Conditional Use Permit.

2. The proposed use is consistent with the actions, goals, objectives, and policies of the General Plan and any applicable specific plan.

The proposed drive-through facility meets General Plan Goal 2.12, which is to enhance the city’s economic base and business environment by assisting in the improvement and intensification of existing commercial development. The proposed facility will help intensify the commercial property and bring in with more customers thus improving the city’s economic base. This use does not fall within any Specific Plans in the City of Fountain Valley.

3. The design, location, shape, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity.

The design, location, shape, size, and operating characteristics of the proposed drive-through facility is compatible with the existing and future land uses in the vicinity. The proposed facility has been adequately designed to be incorporated within the Floor & Décor Property.

4. The subject site is physically suitable for the type and density/intensity of use being proposed including the provision of public access (e.g., width and pavement type), facilities, and utilities (e.g., drainage, fire protection, sewers, water), shape, size, the absence of physical constraints, and compatibility with adjoining land uses.

The subject site is physically suitable for the type and intensity of use being proposed. It will comply with public access, facilities, and utility requirements and is compatible with adjoining land uses. Sufficient vehicular and pedestrian access is provided from Warner Avenue and the adjacent parking lot.

5. Granting the Conditional Use Permit would not be detrimental to the public convenience, health, interest, safety, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located.

The proposed drive-through facility will be located in the existing parking lot in front of the Floor & Décor retail building. Granting approval for the proposed facility will not negatively impact any persons, property, or improvement in the vicinity.

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6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City’s Environmental Review Procedures.

The proposed project has been reviewed in compliance with CEQA and is categorically exempt per Section 5 below.

7. By signing this Resolution, the applicant has demonstrated his/her understanding of the conditions imposed in the Conditional Use Permit (attached as Exhibit 1 herein) granted to him/her and has agreed on the record to abide by those conditions.

SECTION 4
Pursuant to FVMC 21.22.050, Required off-street parking requirements may be reduced with approval of a Conditional Use Permit by the Planning Commission where two or more nonresidential uses on the same site or immediately adjacent sites have distinct and differing peak parking demands.

Findings and Supporting Facts: - The Planning Commission finds that the subject application meets the criteria for shared parking reduction for a Conditional Use Permit found in Chapter 21.22.050 of the Fountain Valley Municipal Code as follows:

1. A parking study prepared by a California licensed traffic engineer or civil engineer experienced in the preparation of such study shall be submitted by the applicant demonstrating that no substantial conflict will exist in the peak hours of parking demand for the uses for which joint use is proposed. The parking study shall provide findings, recommendations, and a summary table of all existing and proposed uses with square footages and hours of operation, in the shared parking arrangement. The methodology to be used in preparing the study shall be that promulgated by the Institute of Transportation Engineers (ITE).

A Traffic Study was completed by Translutions, Inc., dated October 12, 2022.

Based on the Institute of Transportation Engineers (ITE) Parking Generation 5th Edition, the overall shopping center development is anticipated to require up to 166 parking spaces at peak times. The project proposes 198 spaces, exceeding the projected peak demand upon project completion.

2. The number of parking spaces shall not be reduced below the number of spaces required during the peak hour demands for the combined total of the structures or uses involved;
Based on the Traffic Report, the shared parking at peak demand was at its highest at 1:00 p.m. with the parking demand of 166. The development will provide a total of 198 spaces upon project completion, exceeding the peak hour demands.

3. The most remote parking space shall be located within three hundred feet of the use it is intended to serve or as approved by the planning commission;

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The most remote parking is existing and currently serving the Floor & Décor. All new or modified parking will be within 300 feet of the intended use. The peak parking demand is 166 spaces for the entire shopping center. Over 170 parking spaces are within 300 feet of both Floor & Décor and Dutch Bros Coffee buildings.

4. When applicable, a written and recorded agreement shall be drawn to the satisfaction of the city attorney and director and executed by all parties concerned assuring the continued availability of the number of parking spaces designated for shared use and availability of reciprocal access easements.

A reciprocal access and parking agreement will be required to be reviewed and approved by the Community Development Director and recorded with the Orange County Clerk Recorder.

5. That the applicable parking requirements are excessive or inappropriate due to either the nature of the specific uses involved or because of special circumstances applicable to the site;
Dutch Bros Coffee is designed for drive-through services with an efficient ordering process and extended queue lines to accommodate the anticipated vehicular customers during peak flow. Due to the nature of the business design, Dutch Bros Coffee does not require a large amount of parking. Additionally, the peak times differ from Floor & Décor. To reduce the unused parking space, Floor & Décor and Dutch Bros Coffee will share parking. The Traffic Report indicated the peak demand is 166 parking spaces for the entire shopping center. The proposal provides 32 additional parking spaces beyond that demand to ensure there is suitable parking for the current proposal and future retail tenants.

6. That the proposed parking facilities, as conditioned, comply with the intent and purpose of the parking regulations;
The purpose is to establish regulations to ensure that sufficient off-street parking facilities are provided for all uses and that parking facilities are properly designed and located to meet the needs created by specific uses and to protect the public safety and welfare. As proposed, the project is properly designed to meet the demand for the existing retail use and the proposed drive-through coffee use.

Adequate off-street parking is proposed based on the Traffic Report findings to meet the needs of both businesses to protect the public safety and welfare.

7. That the provisions of the proposed shared parking program are reasonable, accountable and enforceable.

The project is proposing parking that exceeds the anticipated demands based on the best available information prepared by the Traffic Engineer. The number of parking spaces is reasonable and enforceable by the City through the required permitting process.

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Resolution No. 23-08

SECTION 5
The Planning Commission finds that the proposed project can be determined categorically exempt pursuant to Class 3 (Section 15303 – New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA) Guidelines.

Class 3 consist of construction of new structures including a restaurant not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances, where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive. The proposed 950 square foot building and use does not include a significant amount of hazardous substances, al public services and facilities are available to the site, and the surrounding area is not environmentally sensitive.

SECTION 6
The Planning Commission hereby approves Precise Plan No. 572 to construct a 950 square foot building and Conditional Use Permit No.1914 for a double drive-through for a new Dutch Bros Coffee establishment located in the parking lot of the Floor & Décor retail store at 9065 Warner Avenue.

PASSED, APPROVED AND ADOPTED THIS 12TH DAY OF APRIL, 2023 ______________________________ ______________________________ Chairman Secretary

BY SIGNING THIS PERMIT, THE PERMITTEE ACKNOWLEDGES ALL OF THE

CONDITIONS IMPOSED AND ACCEPTS THIS PERMIT SUBJECT TO THOSE

CONDITIONS AND WITH THE FULL AWARENESS OF THE PROVISIONS OF CHAPTER 21.44 AND CHAPTER 21.36 OF THE FOUNTAIN VALLEY MUNICIPAL CODE.

BY SIGNING THIS RESOLUTION, THE APPLICANT ACKNOWLEDGES

ACCEPTANCE OF THE BENEFITS OF THE PRECISE PLAN AND CONDITIONAL USE

PERMIT AND AGREES TO WAIVE ANY RIGHT TO LATER CHALLENGE ANY CONDITION(S) IMPOSED AS UNFAIR, UNNECESSARY, OR UNREASONABLE. /
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