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Exhibit "B" <br />Conditions of Approval <br /> <br />PAP-70/PCUP-61, Jack-in-the Box and Bernal Partners, LLC <br /> 1875 Valley Avenue <br /> <br />September 7, 2004 <br /> <br />The operation of the Bemal Comers center, including the drive-through restaurant and <br />carwash, shall conform to the requirements of PCUP-61 unless modified by the following <br />conditions. <br /> <br />To attenuate noise levels produced by the operation of the carwash and vehicles using the <br />restaurant drive-through lane, an eight-foot tall solid wood fence shall be built on the <br />south property line beginning at a point opposite the southeast comer of the carwash <br />building, to the site's southeast comer, then north along the eastern property line ending <br />at the south side of the pedestrian pass-through. From the north side of the pedestrian <br />pass-through, a six-foot tall solid wood fence shall be built ending at a point concurrent <br />with the north building facade of the convenience market building. To be effective as a <br />noise barrier, the fence shall be constructed without cracks or gaps in the face or base, <br />shall have a minimum surface weight of three lbs. per square foot, and shall be capable of <br />reducing noise traveling directly through it by a minimum of ten dBA. The project <br />developer shall submit a design of the fence to the Planning Director for review and <br />approval before its construction. The fence shall also be installed along the entire <br />southerly property line ending at a point concurrent west building faqade of the carwash. <br /> <br />An overlapping sound-attenuating barrier shall be installed at the pedestrian walkway to <br />deter bicyclists and to protect the safety of pedestrians while maintaining the use of the <br />pedestrian walkway. <br /> <br />The "Car Wash" signs at the east and west ends of the building shall be removed, and one <br />sign shall be installed in the middle of the north elevation of the carwash building. The <br />lights above the easterly carwash entrance shall be connected to a timer and shall be <br />turned off when the carwash ceases operation. <br /> <br />The Jack-in-the-Box drive-through hours shall be limited to Monday through Sunday <br />from 6:00 a.m. to 12:00 midnight. Removable bollards shall be placed at the <br />drive-through entry at close of drive-through service. <br /> <br /> <br />