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Home My WebLink AboutCC - Appeal Letter document package PZ Decision 13502 Hamburger Lane Baldwin Park,Ca 91706-5885 The Best Enterprise 626-813-8200 i Is A Free Enterprise`" May 30, 2025 Meridian City Council 33 E. Broadway Ave. Meridian, Idaho 83642 Re: Decision to be reviewed: Case No. H-2024-0058 In the Matter of the Request for Conditional Use Permit for a Drive- Through Establishment in the C- G Zoning District within 300 Feet of Another Drive- Through Facility,Existing Residences, and a Residential District with Business Hours of Operation from 10: 30 AM until 1: 00 AM Sunday Through Thursday and From 10: 30 AM until 1: 30 AM Friday and Saturday, Located at 5985 & 6037 N. Ten Mile Rd., by In-N- Out Burger. Name and address of person Cassie Ruiz seeking review: 13502 Hamburger Lane Baldwin Park, CA 91706-5885 Dear City Council Members: I. Introduction In-N-Out Burgers ("In-N-Out") respectfully submits the following letter appealing ("Appeal") the City of Meridian ("City") Planning and Zoning Commission's ("Commission") decision("Commission Decision") denying In-N-Out's application for a Conditional Use Permit ("Application") for a drive-through establishment as an accessory to a permitted restaurant ("Project") located at 5985 & 6037 North Ten Mile Road in Meridian, Idaho ("Property"). In support of this Appeal, In-N-Out has evaluated the feedback to its Application and hereby submits the following proposed conditions and supplemental information, which illustrate that the Project's compliance with the Meridian City Code standards, Meridian's Comprehensive Plan, and original development plan for the Property. A. Factual Background In-N-Out intends to operate 3,886 square foot restaurant with indoor seating for 74 people and outdoor seating for 46 people located at 5985 and 6037 North Ten Mile Road in Meridian, Idaho. Because In-N-Out's business is renowned for its drive-throughs, a drive-through is the essential element to the Project. As discussed in more detail below, operating a drive-through within the City requires a conditional use permit in certain circumstances. The Property is located in the C-G district, which permits the restaurant but requires a conditional use permit for the drive-through. Within this C-G district are already several commercial businesses including,but not limited to: • Burger King operating from 6:OOam to 12:OOam on Monday through Saturday, and 7:OOam to 12:OOam on Sunday. • Caf6 Rio operating from 10:30am to 10:00pm Monday through Saturday, and 11:OOam to 10:00pm on Sunday. • Costco operating from 10:00am to 8:30pm on weekdays, with reduced operations on Saturday and Sunday (9:30am to 6:OOpm and 10:00am to 6:OOpm, respectively) • Costco gas station operating from 6:OOam to 10:00pm on weekdays, with reduced operations on Saturday and Sunday(6:OOam to 8:30 PM and 6:OOam-7:30 PM, respectively) Several nearby businesses including Dutch Bros Coffee, Caf6 Rio, Burger King, Swig, Slim Chickens, and Firehouse Subs also operate drive-throughs. is the Project is ideally located near important community pillars, including several public parks, churches and schools. In-N-Out views the neighboring communities as important assets and hopes that many residents and customers who frequent this area will become In-N-Out customers. In-N-Out takes pride in its wholesome reputation offering a safe and clean space for families and friends to hang out and enjoy a burger. The Property is located within a larger shopping complex ("Shopping Complex"). The two parcels involved here were originally proposed to house two individual businesses, rather than just one. The Shopping Complex was proposed in two phases: (1) Phase 1, involving the construction of a 166,000 square-foot Costco warehouse and(2) Phase 2, involving the construction of 60,000 square feet of retail pads, 115 apartment units, and 162 residential homes. Currently, the retail portion of Phase 2 of the Shopping Complex is nearly built out with only three of 10 lots remaining to be developed. However, on a square footage basis, only 31,008 square feet of the originally contemplated 60,000 square feet(less by nearly half) has been built. When the City approved the Shopping Complex's development application, the underlying traffic impact study was a key part of the City's approval. Based on this impact study, the City agreed that Costco shopping complex would require transportation infrastructure improvements and even determined that a variance would help relieve traffic flow concerns. As such, the City required that prior to the first Certificate of Occupancy, SH 2O-26/W. Chinden Blvd. be widened to four lanes with signal/intersection upgrades from Tree Farm to Linder(1.5 miles); North Ten Mile Road would be widened to 4 lanes from Chinden to Walmart(0.80 of a mile); and that Page 2 of 21 signals would be installed at North Black Cat Road and West Lost Rapids Drivel These improvements were developed after City Staff held several additional meetings to review and discuss the Costco application with the Ada County Highway District("ACHD"), Idaho Transportation Department ("ITD"), and the Community Planning Association of Southwest Idaho ("COMPASS").2 These conditions of approval took into account significant traffic increases expected by 2040 as detailed in the Communities in Motion 2040 Plan.3 Based on these discussions and a detailed traffic study, the City approved the development with these specific conditions so that the full buildout of the Shopping Complex—not just Costco—would be supported. These required road improvements are complete. Currently, even with In-N-Out's drive-through proposal, the Shopping Complex is still far below the size and density of the original assumptions identified in the Shopping Complex's site and development plans. B. Procedural Background The Staff Report for this Application was issued on April 12, 2025. In-N-Out received the Staff Report on April 15, 2025 shortly before the April 17, 2025 Planning and Zoning Commission hearing ("Hearing"). In-N-Out was disappointed to see that City Staff did not recommend approving the Application; however, because the Hearing was rapidly approaching, In-N-Out was not able to work with City Staff to revise its Application, submit supplemental information or draft mutually agreeable conditions of approval. At the Hearing, the Commission considered In-N-Out's Conditional Use Permit Application and public comments on the same. Ultimately, the Commission denied the Application on the basis that the proposed restaurant location's hours of operation were not compatible with the residential area to the west and determined that there were substantial traffic concerns, including traffic conflicts that will have a negative impact on the north-south private drive aisle that serves the surrounding commercial area. City's Findings of Fact, Conclusions of Law and Decision& Order(Case No. H-2024-0058 In-N-Out Burger at Ten Mile).4 At the Hearing, the Commission determined that In-N-Out was unwilling to "deviate from its corporate plan,"that operational hours and other matters were "non-negotiable," and 1 See Findings of Fact and Conclusions of Law, H-2018-0004 (https://weblink.meridiancity.org/WebLink/PDF10/c3dal43f-7d0e-4bf7-al cb- ac9350407e6/147764),p. 7. Exhibit B.1.l.b.15., c.12., 2 Id. at p.8. 3 Id. at p.11. 4 The Staff Report provides a"note for clarification" stating, "The notice of public hearing included "extended"business hours of operation as the use was believed to abut a residential use and zoning district,which would have limited hours from 6:00 am to 11:00 pm per UDC 11-2B-3B; however, upon closer examination,prior to issuance of the staff report, Staff found the proposed use is actually separated from the residential use/zoning by a 20 foot wide strip of commercially zoned land. Therefore, business hours are not expressly limited by the UDC although they may be limited through the Conditional Use Permit as a condition of approval for compatibility with adjacent uses. The staff report clarified this matter in Section III.0 below and Staff also clarified it verbally at the public hearing. Any references in the staff report to"extended"business hours of operation should be disregarded. Page 3 of 21 that In-N-Out "made it perfectly clear that they're not willing to deviate from their standard business hours."5 The Commission asked In-N-Out whether it was aware of other In-N-Out locations with operating hours outside of In-N-Out's proposed business hours of operations. In- N-Out acknowledged that some stores do close at midnight, and that In-N-Out was willing to provide additional information regarding store operational hours and delivery hours, specifically In-N-Out stated that operational hours were something it would discuss.6 While this response may not have been a clear acknowledgement that In-N-Out is willing to accept conditions of approval, it was certainly not the refusal that the Commissioners construed In-N-Out's response to be. As a result of the Commission's, City Staff s and public's feedback in response to the Application, In-N-Out hereby submits additional material to supplement the record, including a revised proposed site plan dated May 19, 2025 (Exhibit A), revised proposed landscape plan dated May 27, 2025 (Exhibit B), updated queuing observations of the three existing Idaho stores performed in May 2025 (Exhibit C), a proposed photometric plan(Exhibit D), and an operational noise study(Exhibit E). This material is addressed in this appeal and included in this submission. Since the Hearing, In-N-Out also met with City Staff to gather important feedback necessary to address alleged impacts. For example, In-N-Out originally sought to operate from 10:30am to 1:OOam Sunday through Thursday, and from 10:30am to 1:30 am on Friday through Saturday, with deliveries occurring between 2:OOam and 9:OOam. As discussed in its proposed conditions of approval, In-N-Out now offers that it will operate only until 12:OOam every day of the week, and that delivery hours will be restricted to 6:00am until 10:00pm. Thus, this appeal serves two purposes. First, this appeal explains why the Meridian City Council ("City Council") should reverse the Commission's decision because the Commission's decision was legally insufficient and based on inappropriate considerations, given the limited scope of the conditional use request at issue. Second, this appeal sets forth In-N-Out's proposed conditions of approval, which are (a) consistent with the interdepartmental memoranda attached to the original Staff Report, (b) address City Staff s incompatibility concerns, and(c) address a number of concerns expressed by in public comment or by the Commission. Accordingly, In-N- Out respectfully requests approving approval of its Application based on the based on the information and supplemental material provided and discussed herein. IL Legal Standards A. Restaurants are permitted uses in the C-G District and only the proposed drive-through's impacts should be considered. Meridian's Uniform Development Code ("UDC") defines a restaurant as "the use of a site for the primary purpose of food preparation, having a commercial kitchen and cooking 5 See https://www.youtube.com/watch?v=8yLJuAXbeX4 at 4:06:00 (Chair Lorcher's comments); 4:09:40 (Commissioner Rust's comments suggesting a continuance to create conditions of approval for operational hours and other matters); 4:10:35 (Commissioner Sandoval's Comments). 6 See https://www.youtube.com/watch?v=8yLJuAXbeX4 at 3:32:00. Page 4 of 21 facilities, and where meals are regularly served to the public for compensation."UDC § 11-1A- L In-N-Out's proposed restaurant would be located in a"General Retail and Service Commercial District"generally referred to as the "C-G" district. The purpose of a commercial district is "to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan." Specifically in a C-G district, there is the "largest scale and broadest mix of retail, office, service, and light industrial uses."Id. at Table § 11-2B-1. Restaurants are permitted uses within the C-G district, meaning that "the use of land or a structure allowed in a specific district as distinguished from an accessory or conditional use." UDC § 11-1A-A (defining "Principal Permitted Use"). In the C-G district,business hours of operation are limited to 6:OOam to 11:OOpm only"when the subject property abuts a residential use or district."UDC § 11-2B-3(B).' However, when the proposed use does not abut a residential use or district, there are no operational hour restrictions, unless imposed through a conditional use permit as a condition of approval. Drive-throughs, including stacking lanes, speaker and order areas,pickup windows and exit lanes, are typically an accessory use, meaning the drive-through is "incidental and secondary to the principal use and is conducted upon the same property." See UDC § 11-4-3-11(A); UDC § l l-1A-A ("accessory use, nonresidential"). When a drive through is located within 300 feet of another drive-through facility, a residential district, or an existing residence; separated by an arterial street from any other drive-through facility, residential district, or existing residence, or within an O-T zoning district, then a conditional use permit is required. Id. § 11-4-3-11.A.1-3. Such is the case here. As identified in In-N-Out's Application and the Staff Report, In-N-Out's new proposed restaurant location is within 300 feet of another drive-through restaurant(Caf6 Rio). Thus, the proposed drive-through is subject to conditional approval. For the drive-through feature, In-N-Out must meet the specific-use standards outlined at UDC § 11-4-3-11(B), (C), and(D). Under UDC § 11-4-3-11(B), In-N-Out must"identify the stacking lane, menu and speaker location(if applicable), and window location on the certificate of zoning compliance or the conditional use permit."8 UDC § 11-4-3-11(C) requires In-N-Out to submit a site plan that demonstrates "safe pedestrian and vehicular access and circulation on the site and between adjacent properties."In-N-Out must show that: 7 "Hours of operation. Business hours of operation within the L-O and C-N Districts shall be limited from 6:00 a.m. to 10:00 p.m. Business hours of operation within the C-C and C-G Districts shall be limited from 6:00 a.m. to 11:00 p.m. when the property abuts a residential use or district. Extended hours of operation in the C-C and C-G Districts may be requested through a conditional use permit. These restrictions apply to all business operations occurring outside an enclosed structure, including, but not limited to, customer or client visits, trash compacting, and deliveries. These restrictions do not apply to business operations occurring within an enclosed structure, including, but not limited to, cleaning,bookkeeping, and after hours work by a limited number of employees. UDC § 11-2B-3(B) (emphasis added). s UDC § 11-4-3-11(B) also prohibits the use of speakers. As In-N-Out's proposed location is not within an O-T zoning district, this limitation does not apply. Page 5 of 21 • stacking lanes have sufficient capacity to prevent obstruction of driveways, drive aisles, and the public right-of-way by patrons. • the stacking lane has a separate lane from the circulation lanes needed for access and parking, except that stacking lanes may provide access to designated employee parking. • the stacking lane is not located within 10 feet of any residential district or existing residence. • if the stacking lane is greater than 100 feet in length, In-N-Out's site design has provided an escape lane. • the drive-through is visible from a public street for surveillance purposes. UDC § 11-4-32-11(C)(1)-(5). More generally, under the UDC, all conditional uses must adhere to several Conditional Use Standards. "In approving any conditional use, the decision-making body may prescribe appropriate conditions, bonds and safeguards in conformity with this title [the UDC] that(1) Minimize adverse impact of the use on other property; (2) Control the sequence and timing of the use; (3) Control the duration of the use; (4) Assure that the use and the property in which the use is located is maintained properly; (5) Designate the exact location and nature of the use and the property development; (6) Require the provision for on site or off-site public facilities or services; (7) Require more restrictive standards than those generally required in this title; (8) Require mitigation of adverse impacts of the proposed development upon service delivery by any political subdivision, including school districts, that provides services within the city."UDC § 11-513-6. The decision-making body, must"base its determination on the conditional use permit" on the following findings: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this title. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Page 6 of 21 9. Additional findings for the alteration or extension of a nonconforming use: a. That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area; and b. That the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties.9 UDC § 11-513-6. In-N-Out's proposed restaurant is permitted by right, subject only to design-related standards outlined above. For the purposes of approving or denying In-N-Out's Application, the City Council should only consider the proposed drive-through operation and its impacts, and not the operation of a restaurant as a whole. Thus, any impacts that would arise from operating a restaurant without a drive-through (e.g., noise from slamming car doors, vehicle headlights in a parking lot pointed toward the Olivia residential development, building and parking lot lighting) should not be considered for the purposes of evaluating the conditional use required findings, approval, denial, or adopting conditions of approval. However, the City Council may consider such impacts that arise specifically from operating a drive-through when evaluating these matters. B. Standard of Review The City Council reviews Commission decisions under a de novo standard of review. UDC § 11-5A-7(C) ("All requests for review of the action of the Director or commission, shall require a de novo public hearing before the City Council as set forth in [UDC] Section 11-5A-6") "A de novo review means `a trying of the matter anew--the same as if it had never been heard before."'Marcia T. Turner, L.L.C. v. City of Twin Falls, 144 Idaho 203, 211, 159 P.3d 840, 848 (2007) (upholding a city council's decision to consider emails sent to the Council after a P&Z Commission decision);see also Gilbert v. Moore, 108 Idaho 165, 168, 697 P.2d 1179, 1182 (1985). When the City Council reviews a decision under a de novo standard of review, it not confined to the record made before the P&Z Commission and may consider new information. Twin Falls, 144 Idaho at 211; UDC § 11-5A-7(D). The City Council is "not required to address the P&Z Commission's findings or decision, nor [is] it required to find that the Commission made a legal error or that its findings lacked support in the record." Twin Falls, 144 Idaho at 211. The Council's de novo review has "the effect of removing the P&Z Commission's decision from the record."Id. (citations omitted). III. Proposed Conditions of Approval In-N-Out understands that it is atypical for a conditional use permit applicant to present its own conditions of approval without input from City Staff. However, In-N-Out presents these proposed conditions of approval to show its good faith efforts to mitigate or resolve any alleged impacts from its proposed drive through. In-N-Out suggests the following conditions of approval: 9 City Staff determined, and In-N-Out agrees, that the conditional use requirement number nine does not apply to In-N-Out's Application because there is no nonconforming use involved here. Therefore, In-N-Out does not discuss this conditional use requirements in this appeal. Page 7 of 21 1. All mechanical equipment on the back of the building and outdoor service and equipment areas should be incorporated into the overall design of the building and landscaping so that visual and acoustic impacts of these functions are contained and out of view from adjacent properties as set forth in UDC 11-3A-12. 2. Food service hours of operation shall be from 6:00 am-12:00 am, seven days a week. 3. In-N-Out shall provide pedestrian sidewalks along the western and northern edges of the property connecting the public right of way between Lost Rapids Drive at the southwest and N. 10 Mile Road at the northeast as shown on the attached revised site plan dated May 19, 2025 . 4. Landscaping along the western and southern portions of the property shall be as provided in In-N-Out's revised landscape plan dated May 27, 2025. 5. Routine ingredient deliveries shall take place between the hours of 6:00 am— 10:00 pm. 6. The primary delivery access for In-N-Out-operated delivery trucks shall be from the driveway access via N. Ten Mile Road approximately 660 feet north of W. Lost Rapids Drive. The driveway access via W. Lost Rapids Drive driveway approximately 350 feet west of N. Ten Mile Road may be used when access to the Lost Rapids/Ten Mile traffic signal is needed. 7. Parking lot lighting shall be designed with lighting levels in conformance to the attached photometric plan. 8. Parking lot lights and signs shall be turned off after closing to the public, with the exception of those lights necessary to maintain public and In-N-Out Burger Associates' safety and security. 9. No stacking is permitted in outside travel lane serving as an escape lane; In-N-Out shall install signage that notifies patrons to not block escape lanes or exits. In-N-Out also agrees to all Ada County Highway District and Meridian Public Works proposed conditions, as set forth in Exhibit F. IV. Grounds for Appeal As mentioned above, the City Council should reverse the Commission's decision for several reasons: (1) the Commission's decision was legally insufficient under Idaho case law; (2) the Commission made its decision based on considerations outside the limited scope of the conditional use request; and(3) as shown by the record below, and in the supplemental information discussed here, In-N-Out has met the conditional use required findings. These points are covered more fully below. A. The Commission's decision was insufficient under Idaho case law and should be set aside by the City Council. The Commission's one-and-a-half-page long decision does not meet the "reasoned statement" standards outlined in Idaho's Local Land Use Planning Act ("LLUPA") or the case law arising out of this Act. As a result, the Commission's decision is invalid and must be overturned by the City Council. Page 8 of 21 Idaho Code § 67-6535 requires that any"approval or denial of any application required or authorized pursuant to [LLUPA] shall be based upon standards and criteria which shall be set forth in the comprehensive plan, zoning ordinance or other appropriate ordinance or regulation of the city or county."An approval or denial must be "in writing and accompanied by a reasoned statement that explains the criteria and standards considered relevant, states the relevant contested facts relied upon, and explains the rationale for the decision based on the applicable provisions of the comprehensive plan, relevant ordinance and statutory provisions,pertinent constitutional principles and factual information contained in the record." Idaho Code § 67- 6535(2). If a decision-making body"fail[s] to identify the nature of compliance or noncompliance with express approval standards or fail[s] to explain compliance or noncompliance with relevant decision criteria" in writing, the denial shall be invalidated on appeal.Id. § 65-6735(2)(a). Recently the Idaho Supreme Court reiterated that"[i]t is well established that LLUPA requires a decision-maker to issue a written statement in support of its decision, setting forth the relevant contested facts relied upon, and explaining the criteria and standards it considered relevant." Veterans Park Neighborhood Assn, Inc. v. City of Boise, 564 P.3d 350, 364 (Idaho 2025) ("VPNA"). A mere recitation of portions of the record, rather than determinations of facts disputed is insufficient under LLUPA.Id. citing Jasso v. Camas Cnty., 151 Idaho 790, 794, 264 P.3d 897, 901 (2011). When a decision does not measure up to LLUPA's "reasoned statement" standard, it violates an Applicant's substantial right to due process.Jasso v. Camas Cnty., 151 Idaho 790, 792, 264 P.3d 897, 899 (2011). The VPNA case involved Interfaith Sanctuary's request for a conditional use permit operate a homeless shelter in Boise, Idaho near the Veterans Park Neighborhood. The matter first went before the Boise City Planning and Zoning Commission which denied the conditional use permit primarily because Interfaith Sanctuary had not created a security plan, and there would be adverse impacts to neighboring communities, city-funded emergency responders like firefighters and police, and Interfaith Sanctuary would not provide assurances that it would mitigate the homeless shelter's adverse impacts on the community. VPNA v. City of Boise, 564 P.3d 350, 356 (Idaho 2025). Further, according to the Boise Planning and Zoning Commission, Interfaith Sanctuary's materials did not provide enough information to allow the Commissioners to craft conditions of approval. Interfaith Sanctuary then appealed to the Boise City Council which reversed the conditional use permit denial. After this approval, VPNA brought a judicial appeal which ended up before the Idaho Supreme Court. The Idaho Supreme Court specifically found that the Boise City Council's one and one- half page reasoned statement, and conditions of approval were inadequate even when referencing nearly 40 hours of public hearing and thousands of pages of submissions. The Court noted that the Boise City Council's decision offered only summary conclusions, but did not"attempt to wrestle with any of the controversy."For example, the Boise City Council's decision offered the blanket statement that"[c]onditions of approval will ensure that the shelter does not adversely impact other property in the vicinity."But the City Council's decision stopped short of explaining how conditions of approval would address concerns raised by VPNA and other members of the public. The Court also criticized the Boise City Council for incorporating by reference 30 conditions of approval to provide explanatory support for the Council's decision.Id. at 368. While the Court agreed that it could read these conditions in concert with the reasoned Page 9 of 21 statement, the conditions alone did not render valid the conclusory opinion by providing a clear explanation or guidance demonstrating the facts that the Boise City Council relied on. Similarly, in Jasso v. Camas County, the Court invalidated a Board of County Commissioners' decision when the findings of fact were mere recitations of procedural history. In that case, the Board of County Commissioners merely recited that a preliminary plat application and reports were submitted, that expert and agency recommendations were made, that fees were paid, and hearings were held. These facts were not enough to create the required reasoned statement under LLUPA. 151 Idaho 790, 795, 264 P.3d 897, 902 (2011). Further, the Board of County Commissioners' conclusions of law consisted of merely eight short statements detailing the contents of the record(e.g., that a warranty deed and easement were included in the application file; that an engineering report had been submitted and deemed complete). This decision was both legally insufficient to withstand judicial review, and violated the applicant's due process rights.Id. The Commission's decision here is similarly inadequate. The Commission's findings of fact here are not full sentences and merely list"Hearing Facts," "Process Facts," "Application and Property Facts," and Required Findings per the Unified Development Code"with cross references to the Staff Report. The Commission provided no explanation as to why some facts were accepted as relevant, valid, or truthful, while others were disregarded. Indeed, In-N-Out is not able to fully refute the findings of fact simply because it unclear which facts the Commission specifically relied on. To refute each and every fact brought before the Commission by City Staff and the public would result in a far lengthier appeal than this document. In addition, the conclusions of law are not actually conclusions of law determining how the UDC applies to the facts before the Commission. Instead, they are simply sentences discussing that the Commission has power under LLUPA; an acknowledgement of the UDC and Comprehensive Plan; an acknowledgement that the Commission considered comments from agencies; and a statement that the Commission granted an order of denial. The conclusion of law #4 even states that"[i]t is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed."Decision, at 1. Yet, there are no conditions of approval attached, nor are there any factual findings discussing governmental services outside of the record's contents. It is difficult and nearly impossible for In-N-Out to fully refute the facts the Commissioners relied on, and the conclusions made by the Commissioners simply because they are no where to be found in the Commission's Decision. And even when reviewing the record, In-N-Out must infer the facts the Commissioners deemed relevant. In-N-Out acknowledges that there is no "particular form required, and no magic words need be employed,"to establish a sufficient statement.Jasso, 151 Idaho at 796. But without a more detailed reasoned statement, In-N-Out will be denied the opportunity to seek meaningful judicial review of any denial and thus, In-N-Out's right to substantial due process will be denied should the Commission decision remain in place. Id. Thus the City Council must reverse the Commission's decision. And, as outlined below, it is not appropriate for the City Council to simply issue a more detailed denial of In-N-Out's proposed conditional use. Instead, based on the credible, reliable, Page 10 of 21 and substantial evidence already provided by In-N-Out at the Hearing, and provided here as supplemental information, the City Council should approve this conditional use. B. In-N-Out's Application meets each of the conditional use requirements. 1. In-N-Out's proposed location is large enough to accommodate the proposed use and meets all the dimensional development requirement regulations in the district in which the use is located. The Property consists of two parcels, totaling approximately 2.2 acres. Other Treasure Valley locations are nearly an acre smaller than this proposed location. The In-N-Out located at The Village Shopping Center is 1.2 acres. The Nampa location is 1.4 acres. The In-N-Out location in the Boise Town Square mall is 0.86 acres. Here, the restaurant itself would be 3,886 square feet, leaving the remainder of the Site (91,946 square feet or about 2.1 acres) available for parking, queue stacking, an escape lane, landscaping, and family-friendly outdoor seating. City Staff determined that the proposed use will comply with the dimensional standards for the C-G District identified in Table 11-2B-B. Drive through establishments must also comply with the specific design standards set forth at UDC § 11-4-3-11. With certain design modifications, which In-N-Out is agreeable to, the Project will also comply with § 11-4-3-11, the design standards for a drive-through establishment. City Staff determined that the Property would not have "sufficient capacity to prevent obstruction of driveways, drive aisles, and the public right-of-way by patrons."Decision, at 11 (marked as p. 84 in Department Report). Yet, City Staff also acknowledged that since opening "activity at that location [the Meridian Village location] has decreased, resulting in reduced stacking and impact on adjacent properties" Staff Report at § III.C.3(3). Under In-N-Out's proposed plan,parking at the Property can accommodate 73 cars, which far exceeds the UDC requirement that In-N-Out provide 16 parking spaces (one parking space is required for every 250 square foot of gross floor area under UDC § 11-4-3-49). Further, In-N-Out's site design shows capacity for 29 vehicles in the stacking lanes. After operations normalize after opening, In-N-Out anticipates this capacity being sufficient to manage on and offsite impacts. At its Village location, the maximum observed queue during a survey occurring in December 2024 was 46 cars. The weekday dinner average queue for that location was about 30 cars. In response to Commission's concerns regarding traffic, In-N-Out Burger commissioned an additional survey of its drive through queues at the Village, Boise, and Nampa locations (attached hereto as Exhibit Q. The results of this study show that there will be sufficient capacity at the Site. Each metric measured- average, 85t'percentile, 951h percentile and max peak queues - decreased from the original observations from December 2024. Specifically at The Village, the results from the recent May 2025 survey yielded a decrease of over 20% in the maximum observed queue to 34 cars and the weekday dinner average queue decreased by over 25%to 22 cars. It should be noted that these queue counts can be accommodated within the proposed site without impacting the southernmost driveway access to the Site, nor the private access road from West Lost Rapids Drive into the shopping center. Per the original Focused Traffic Analysis provided with the initial application, the average queue for stores in comparable Page 11 of 21 areas is about 27 cars, once restaurant operations normalize, which is accommodated by the dedicated drive-through lane proposed in the Site Plan. Should queuing exceed capacity, In-N-Out effectively implements overflow management plans. Store associates are trained in directing traffic and managing vehicles in an orderly fashion. As noted in the Hearing through public comment and reiterated here, the In-N-Out location in Nampa is considerably smaller size, yet In-N-Out has proven to responsibly manage car queues and crowds such that there is not spillover onto neighboring properties, drive aisles, or other offsite locations. 2. In-N-Out's proposed location will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of the UDC. The Commission adopted into its Findings of Fact the Staff Report created for the Hearing. For this required finding, City Staff wrote "the proposed infill development will not be harmonious with the Comprehensive Plan in that the proposed use and hours of operation will negatively impact abutting existing residential development, area residents that live nearby traveling on Lost Rapids and patrons of other commercial uses in the area due to excessive noise, traffic and congestion."Decision, at 11 (marked as p. 84 in Department Report). In adopting the Staff's findings, the Commission provided no references to the Comprehensive Plan itself and instead offers a blanket statement about the incompatibility of the uses. However, In-N-Out refutes this incompatibility finding. In-N-Out's proposed location is harmonious with the Meridian City Comprehensive Plan and consistent with the Comprehensive Plan's focus on private property rights. Comprehensive Plan, 3-3. It goes without saying that Meridian in general, and the Ten Mile and Chinden Road area specifically, is bustling with economic growth. Meridian's Comprehensive Plan ("Comprehensive Plan") highlights the importance of a vibrant, diverse, clean, safe, and secure community in which to live, work, and thrive. As noted in the Comprehensive Plan, "Meridian has seen a significant increase in population over the last decade and it is predicted to grow another 52%between 2017 and 2040."Plan at 1-7. The City's economic goals and objectives include: • Promoting "business retention, expansion, and improvement programs"; • "Proactively recruit[ing] and attract[ing] new businesses to the area"; • "Capitaliz[ing] on the City's central location by promoting more tourism and business growth along entryways and key corridors." • "Creat[ing] positive, vibrant, and accessible commercial activity centers within the community." Comprehensive Plan, at 2-13, -14. In-N-Out shares these values, making Ten Mile and Chinden an ideal location for its business. In-N-Out's proposed location is nestled near several other successful businesses and community gathering places, including Costco, several churches, and other restaurants. In-N- Out specifically identified this location as desirable due to customer convenience, its proximity Page 12 of 21 to In-N-Out owned and operated distribution centers (ensuring fresh delivery of ingredients), and the location's high visibility. In-N-Out is renowned for its workplace practices and paying its associates significantly higher wages than industry standards. In fact, In-N-Out was recently named the number three best place to work nationwide on Glassdoor's 2025 Best Places to Work, with reviewers positively citing In-N-Out's company culture,pay, flexible hours,benefits, and ability to advance in the company. Starting wage for store associates is $17.50 per hour and the average associate makes $19.21 per hour, far better than Idaho's $7.25 minimum wage. In-N-Out also prides itself in attracting, training, and retaining talented employees who often make In-N-Out their lifelong company. This is consistent with the Comprehensive Plan's Economic Excellence goals which focus on increasing average income and stimulating economic investment in the community.10 In-N-Out locations, on average, employ 95 associates per store, offering each of them the opportunity to grow with the company should they so choose. These careers are also diverse, offering both full and part-time positions. This location also offers a thoughtful transition between residential and commercial uses. The proposed restaurant, located in a commercial C-G district, is also located near an R-40 district (high-density residential). The Comprehensive Plan acknowledges that high-density residential districts are "typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents."The nearby R-8 district (medium-density residential) is buffered from the C-G district where the proposed restaurant would be located by limited office and the higher density residential district by a roadway, and significant landscaping area. This ensures a gradual and appropriate transition between residential and higher-density commercial uses. Given the proximity of the residential areas, churches, schools, and parks, this location offers a central location for community members to gather and enjoy an affordable fresh meal, in a clean family-friendly atmosphere. In-N-Out has also discussed revisions to its Site Design with City Staff and implemented those in its updated Site Plan to further improve the Site's safe pedestrian access and community connectedness. Overall the proposed location is consistent with the Comprehensive Plan's goals to achieve a premier, evolving, livable, vibrant and connected Meridian. To the limited extent that the record shows alleged incompatibility with neighboring land, such impacts can be reduced or eliminated by In-N-Out's proposed conditions of approval. And to the extent that City Staff determined that the proposed use is inconsistent with the Comprehensive plan due to excessive noise, traffic and congestion, In-N-Out has provided additional information refuting these findings as discussed further herein. 3. In-N-Out's drive-through design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. to https://meridiancity.org/community-development/planning/comprehensive-plan/premier/ Page 13 of 21 The Commission's Decision City Staffs' findings that the proposed In-N-Out location's "design and operation of the proposed use will not be compatible with other residential and commercial uses in the general neighborhood, due to noise, air quality and transportation impacts, which are already challenging in this area and will be exacerbated with the proposed use ...which will adversely change the essential character of the area. Each of these impacts is discussed below. a. Noise First, it should be noted that In-N-Out's proposed location is already in a heavily populated and trafficked area. Costco, with its many daily deliveries and hundreds of customers per day, is of course a bustling location throughout most of the day. Carts rumbling, car doors slamming, cars honking,people talking loudly, and the general machine noise that comes from operating a warehouse with large HVAC systems, garage doors, parking lot maintenance are all inherent to commercial development located in a C-G zone. This noise is consistent with the essential character of a C-G zone. Adjacent to In-N-Out's proposed location, Ten Mile Road is a main roadway and, with its arterial status, there is road noise from cars and truck traffic. Additionally, there are several other drive-through locations, including Caf6 Rio and Burger King, near In-N-Out's proposed location, which also have speaker systems. The noise that would be generated by In-N-Out's drive-through is consistent with these uses. Much of the noise identified during Hearing by the public and the Commissioners would still exist for any permitted use allowed at this location. Animal care facilities, churches, educational institutions, food truck courts, minor vehicle repairs and other permitted uses will all involve outdoor conservational, car, and delivery noises. That said, In-N-Out has heard the concerns of neighboring residents in the Olivia Apartments and Townhomes and the residential area beyond. To the extent that noise concerns remain, In-N-Out has completed and provided a Noise Study (attached Exhibit E) assessing and discussing operational noise impacts. This Noise Study took measurements over the course of 24 hours and determined that the daytime (7:OOAM -7:OOPM) ambient noise level was around 67 dBA; the evening (7:OOPM-10:OOPM) ambient noise level was about 71.9 dBA; and the nighttime (10:00PM—7:OOAM) ambient noise level was about 67.3 dBA. The 24-hour CNEL (community noise equivalent)was 67.5 dBA. This noise level correlates to a normal conversation or a business office.11 In-N-Out's Noise Study considers noise related to drive- through traffic, parking, amplified speech emanating from a speaker and considers its range accounting for changes in topography. Even when modeling for operational noise and truck deliveries, the Noise Study does not anticipate noise exceedances over this level of ambient noise. Further the study illustrates that there will be no increases in noise that would be generally perceptible to the human ear or otherwise result in disturbance to everyday speech and sleep conditions. Exhibit E. To the extent that the Commission and residents identified noise concerns, these are likely to go unrealized given In-N-Out's thoughtful approach to its store operations. First, with 11 See Yale University Health& Safety, Decibel Level Comparison Chart, at htlps:Hehs.yale.edu/noise-hearing-conservation. Page 14 of 21 respect to truck deliveries, In-N-Out has designed this project such that trucks may pull through with deliveries. There should be little need for delivery trucks to back up, and thus, very little need for backup beepers. Should the need to back up to the restaurant building arise, In-N-Out owns, operates, and controls its delivery trucks and thus can set strict time parameters for when a driver would be allowed to back up at the Site, effectively eliminating concerns regarding backup beepers. And, as mentioned above, In-N-Out is agreeable to conditions limiting ingredient deliveries to specific hours between 6:OOam and 10:00pm. Further, truck noise associated with ingredient deliveries would generally occur, at most, once per day. There are very few instances where trucks must deliver ingredients more than once per day, and more typically, deliveries occur every other day. Further, to take and receive orders, In-N-Out uses speaker systems that involve Manual Volume Control and Ambient Noise Compensation. These speakers ensure clear communication between the customer and the speaker, reducing the need for repeating orders. These systems also adjust to ambient noise levels, resulting in an overall quieter speaker. In-N-Out maintains control of the noise emanating from the Property by its manual controls. Further, In-N-Out places its speakers accordance with operational manuals and best management practices to ensure that these speaker systems are not a nuisance. This project was designed specifically placing the speakers along the North Ten Mile frontage of the site near the existing noise and activity of the five-lane arterial road. In-N-Out is also aware of the Meridian City Code provisions prohibiting horns and sirens, building noises, audio equipment and more set forth in Meridian Code § 6-3-6 and will comply with those code requirements. Thus, operational noise is compatible with other uses, including the residential uses, the commercial uses in the general area, and the intended character of the C-G district, and is consistent with the essential character of the already industrialized area. b. Traffic and Congestion City Staff also determined that traffic congestion would be incompatible with the character of the general area and would adversely change the essential character of the area. The arguments that an In-N-Out location would cause excessive traffic and congestion were based on anecdotal evidence presented by the public. In-N-Out reiterates that traffic generated by a permitted use should not have been considered by the Commission in reaching its Decision. The information provided below shows that a drive-through operation is a prudent choice for this location. It appears that the Commission incorrectly correlated increased traffic impacts with drive-through queue impacts as a potential source for backup into public roads. However, the drive-through queue will not back up into public roads, as discussed in the Traffic Study presented to the Commissioners. In-N-Out provided a detailed traffic study that came to the following important conclusions: • Based on the Ganddini Group's analysis, it is not anticipated that In-N-Out's proposed use will negatively impact the intersection of Lost Rapids Drive and Ten Page 15 of 21 Mile Road. Data show that intersection queuing has only a five percent probability of being exceeded during a given time period. • This location has been specifically designed to accommodate large crowds such that they enter and exit the location efficiently. This Property, consisting of two parcels, is significantly larger than other Treasure Valley locations, which have proven to operate efficiently and without traffic impacts to neighboring properties, and contains significantly more drive through queuing. This location will also be operated with three grills, to ensure consistent queue service. In all In- N-Out locations, once queue lengths reach the menu board and speaker box, associates are directed to take orders via wireless handheld ordering systems allowing orders to be processed sooner and ready by the time the vehicle reaches a pickup window. At all times, locations are monitored by a camera system so that management-level employees can control and assist with queue management. • The two proposed drive-through stacking lanes are quite long, and data show that the proposed queuing capacity and additional site vehicular storage are sufficient to accommodate even the largest crowds for peak business, and contain patrons within the footprint of the In-N-Out location's boundaries. • As In-N-Out continues to expand throughout the Treasure Valley, Idaho in general, and in neighboring states, customer demand distributes more evenly across numerous stores. This trend has been observed and confirmed through data shown at multiple In-N-Out locations. In-N-Out stores located in the same city typically have a symbiotic relationship where multiple stores work together to serve customers more efficiently, resulting in shorter queue lengths over time. There is no evidence, outside of anecdotes, that operating a drive through will create congestion on public roads. While the public's insights here are important, anecdotes and hypothetical concerns are not equal to the data and studies that In-N-Out has performed, not only in preparation for this Application,but in choosing this location in general. Indeed, this shopping complex was designed recognizing traffic congestion in this area, as discussed above. These data show that increased traffic and congestion in the area directly attributable to In-N-Out's proposed drive-through operation are unlikely because expanded area road systems and light- guided intersections can adequately distribute traffic. To claim now that the project cannot support In-N-Out's traffic or circulation belies the data that City Council unanimously adopted with the original Costco shopping complex application. Further, ACHD was intimately involved traffic planning for In-N-Out's Village location, and offered significant feedback during that proposal. In-N-Out notes that ACHD offered no comments here besides those providing routine comments that In-N-Out must comply with its policies for any future work within the roadway right-of-way or related matters. It is telling that ACHD "determined that there are no improvements required to the adjacent street(s)."12 12 Letter from Matt Pak, Development Services Planner, ACHD to Todd Smith, In-N-Out Burger (Nov. 1, 2024), at 1-3. Page 16 of 21 The above-discussed factors show that In-N-Out's proposed drive-through is compatible with the neighboring C-G district, uses beyond the immediately adjacent districts, and does not negatively change the essential character of this area. Thus, the Council should find that this conditional use requirement is met here. 4. In-N-Out's proposed use, if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. The Commission incorporated City Staffs' findings that the proposed In-N-Out location will "adversely affect other properties in the vicinity of, and thus denies the proposed use." Decision at, 12 (marked as p. 85 in Department Report). But neither City Staff, nor the Commission identified measured data supporting this finding and also failed to offer any potential conditions of approval to mitigate their concerns, and In-N-Out's proposed conditional use necessitated more discussion than this abbreviated response. First, since Commission determined that there would be adverse effects in its Decision and Order(notably, only that "hours of operation are not compatible with the residential area to the west" and that there would be "substantial traffic concerns, including traffic conflicts" Decision, at 2.C.1.), it must consider whether conditions of approval and adherence to those conditions of approval could mitigate or eliminate those adverse effects. City Staff presented no proposed conditions of approval to Commission. And although the Commissioners did question whether conditions of approval could mitigate these effects, the Commissioners ultimately determined that they would not explore this discussion and summarily denied In-N-Out's conditional use application. To the limited extent that the Commission identified these potential impacts, the proposed conditions of approval discussed above mitigate such concerns by keeping In-N-Out's operating hours and practices consistent with those already existing in the C-G district, including housing, Costco, and several other drive-through establishments. In-N-Out's proposed conditions of approval ensure during the evenings, residents will not be disturbed through additional noise and visual impacts beyond what already exists near these residential uses, and what would exist for any permitted use. And, as discussed above, there is no true incompatibility related to traffic impacting the north-south drive aisle that serves the surrounding commercial area. But, to the extent that such impacts are predicted, they can be mitigated by In-N-Out's proposal to direct site access via certain routes when specific conditions are present. Therefore, the City Council should find that In-N-Out's proposed use will not adversely affect property in its vicinity when it acts in compliance with In-N-Out's proposed conditions of approval. 5. In-N-Out's proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks, police and fire protection, drainage structures, refuse disposal,water, and sewer. City Staff determined that In-N-Out's location will be adequately served by essential public facilities and services. All In-N-Out locations are designed with police, fire, and emergency services access in mind. In-N-Out anticipates no school impacts. Public Works and Page 17 of 21 transportation agencies (ACHD and ITD) identified no adverse impact to roads and no need for additional infrastructure beyond what In-N-Out identified in its Application, specifically its site plan. Further, these matters were already taken into consideration during the design of the Shopping Complex, as discussed above. Thus, City Council should find that this conditional use requirement is met. 6. In-N-Out's proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community The Commission incorporated City Staff s findings that the proposed In-N-Out location "will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community."Decision, at 12 (marked as p. 85 in Department Report). In-N-Out agrees and reiterates that there are not excessive additional public costs associated with the proposed development. As evidenced by the record, transportation, school, and environmental agencies and entities offered no comments illustrating the need for additional public services. To the extent that Meridian Public Works requested general and specific conditions of approval for water and fire hydrant easements, specific water and sewer development standards, and similar, In-N-Out accepts these suggested conditions of approval as workable within its site design and will work with Meridian Public Works to meet these goals. Thus, the City Council should find that this conditional use requirement is met. 7. In-N-Out's proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. City Staff found that In-N-Out's proposed use will involve conditions that will be detrimental to persons,property, and the general welfare based on excessive exhaust fumes and traffic congestion. Because traffic was addressed above in Section IV.B.3, these points are not repeated here. a. Air Quality With respect to air quality, In-N-Out's proposed location is already in a heavily populated and trafficked area. During the Hearing, Commissioners noted the high likelihood that another drive-through restaurant would likely be developed in this location if In-N-Out did not develop here. Any other restaurant and/or drive-through would likely have similar air quality impacts, and many permitted uses, including food trucks operating from diesel generators or minor vehicle repairs would also involve idling motors contributing to air quality issues, perhaps to an extent greater than In-N-Out's proposed use. The agency charged with air quality regulation, the Idaho Department of Environmental Quality, offered no comments or recommendations regarding air quality concerns. In fact, United States Department of Environmental Protection Agency("EPA") air quality data show that Ada County as a whole has good to moderate air quality, with most days with unhealthy air quality likely being attributable to factors like wildfire and weather-driven inversions common in the Page 18 of 21 Treasure Valley.13 The graph below, showing EPA data, confirms this fact. It is unlikely that operating this drive-through creates the excessive fumes needed to tip the Meridian's scales to unhealthy to hazardous air quality, such that the general welfare would be put at risk. Thus, air quality impacts do not render the proposed drive through detrimental to persons, property, or general welfare by excessive fume production. Daily AQI Values,2015 to 2025 Ada County, ID JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 201511■■11101110111 ■�■I I�■1I[Is 1 10111■ ■ 1■■1� SEEMS 11SIMON[ 2016 1�1-M1■M11III IIM111111 1 11 11�1■■I■M1111 2017 1111111 ON -01111110111111101111111111 1 11 1 SOON 1 1110111■ 1 1■ 2118 1 ■ �■1■■1■m1■111 I I 1■ �� 1 �I SOON 2019 �1��1M I■■MM1■�11 III■■■ ■�1 on 1111MIMI zozo ICI■�■� �I■II�III I■ 1 1 1 ■ I 1■ 20210111■M IMONSOON!!■�Im I■11■I 11 1 1■■I011110111■ ■I MIN 2022 II In I I M�■��I■II I I I I I III ■1■ ■■I 1■ 2023■�■■■�� ■III 11 NO I III III 1 11��■ ■1 IIII IJI 11 2024 M ■MCA I 1 1 ■III I I III 11111 NMI MEMO 101101 2o2s1�■1 11■��1 I I11 I III 11 AQI Category 1 Good(<=50 AQI) Moderate(51.100 AQI) Unhealthy for Sensitive Groups(101.150 AQI) 1 Unhealthy(151-200 AQI) 1 Very Unhealthy(201-300 AQI) 1 Hazardous(>=301 AQI) Source:U.S.EPA AirData<https://www.epa.gov/air-data> Generated: May 21.2025 b. Light In-N-Out has prepared a photometric plan, included here as Exhibit D, to reflect the proposed lighting levels of the property associated with the In-N-Out development. As shown , the light impacts from In-N-Out's drive through are minimal. Further, any commercial retail user developing this site will have light impacts, as any such user would have similar parking lot lighting for safety and operational purposes, in conformance with the UDC's lighting mandates. As is customary with all retail uses, parking lot lights remain on at night during business operational hours and, except for the minimum security lights for public safety and security purposes, parking lot lights and lighted signs would be turned off upon closing. Similar lighting 13 See EPA, Air Now Interactive Map of Air Quality and archived information, https:Hgispub.epa.gov/aimow/index.html?tab=3; Boise State University, Air Quality and Smoke, https://www.boisestate.edu/research-hcri/resources-hazards/air-quality-and- smoke/#:—:text=Another%20cause%20of%20poor%20air,air%20quality%20reaches%20unhealt by%20conditions; Idaho Department of Environmental Quality, Regional Air Quality Plans and Reports, https://www.deq.idaho.gov/air-quality/regional-air-quality- reports/#:—:text=Air%20quality%20in%20the%20Lewiston,report%20available%20at%20this% 20time. Page 19 of 21 is installed for all of the existing commercial uses, including the access road lighting abutting the residential uses to the west. Further, In-N-Out's site plan shows that vehicle lights, when waiting in the drive-through queue, are not pointed toward residences. Vehicle lights are instead pointed toward Ten Mile Road, and eventually hidden behind the In-N-Out store. Only when vehicles exit the drive- through lane will vehicle lights be pointed toward the residences. And, as shown in In-N-Out's landscaping plans, In-N-Out has proposed landscaping that minimizes such impacts. Thus, the alleged light impacts from operating a drive-through do not render the proposed drive through detrimental to persons,property, or general welfare by excessive glare or light production. In-N- Out's proposed lighting plan ensures that pedestrians and employees remain safe during nighttime hours. 8. In-N-Out's proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. City Staff found that the proposed location "will not result in the destruction, loss or damage of any such features."Decision, at 12 (marked as p. 85 in the Department Report). In-N- Out agrees and reiterates here that there are no natural, scenic, or historic features at the Site that will be impaired or impacted by any future construction or operation of an In-N-Out location. Thus, City Council should find that this conditional use requirement is met. V. Conclusion As set forth here, and supported by substantial evidence in the record, In-N-Out has met the required findings for a conditional use permit outlined in UDC § 11-513-6. And, as shown in its site plan, will comply with all necessary design standards outlined in the UDC. In-N-Out has repeatedly demonstrated that it operates its Treasure Valley restaurants responsibly and has kept its promises to efficiently manage its restaurants. In-N-Out has cultivated good relationships with neighboring landowners and government agencies providing services to In-N-Out, as evidenced by those individuals who spoke in In-N-Out's favor during the Commission Hearing. These conclusions are supported both in anecdote from government officials and data presented here by In-N-Out. Thus, In-N-Out respectfully requests that the City Council reverse the Commission's denial of In-N-Out's requested drive through conditional use permit, and approve In-N-Out's construction and operation of this drive through. Respectfully submitted this 30th day of May, 2 25, Cassie Ruiz, Senior ve pment Manager Attachments: Exhibit A: Meridian Revised Site Plan Dated 5.19.25 Exhibit B: Meridian Revised Landscape Plan Dated 5.27.25 Exhibit C: Updated Queuing Observations May 2025 Page 20 of 21 Exhibit D: Exhibit Photometric Plan Exhibit E: Operational Noise Exhibit F: Public Works Exhibit G: ACHD Project Memo Page 21 of 21 Exhibit A - Meridian Revised Site Plan dated 5 . 19 . 25 1 Y PA O 77T 'I I o S ,� SLP 53237C LEGEND LOC INOB LIMITS OF PROPOSED CONSTRUCTION. 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A BOUNDARY MONUMENT AND SURVEY CONTROL POINT �_ ''ill-,I''I•' "' DESCRIPTION SHOWN ON SHEET C38. 3" REE WV ci'• 9 �O :'.. ..r •..,•:.:,•�+ + + + + + + +, O 1 41 42 43 44 45 46 47 48 _ : ' ':':.'.':+ +i + I k'_ PROPERTY LINE. :;:.:: .:. R-23 c ..•,. •,...•,. + '+'.'+'.'+'," SIMPLIFIED PLOTTABLE EASEMENT DESCRIPTION SHOWN 17 04 LOC - ::.*.:... ............:......... . ...................... .. t,r6.,•.....+ + � + + + + + + 15 ON SHEET C38. N o ° , �A., .•.,...•..•..•..•.. ..•..•.. cn ..•..•. ,O iQ i OUTDOOR SEATING PATIO TABLE WITH NO UMBRELLA R=3 P''.,.. ..WALt: '. ::.. .. Dvr:'.: + LAW + ,c�, N i-4 i) Z 3'.- o.'.�:4t.':.+�+ + +++ + + + +,r7, (4 SEATS). cn DRIVE-THRU CATWALK CONCRETE �L "' '�' PAD WITH UMBRELLA STAND. II �� + + , , OUTDOOR SEATING PATIO TABLE WITH NO UMBRELLA y z_ iv 0 t� ..' ,, ,,� 2 SEATS-A.C. PAVEMENT II II ::•''•�•.. ++++ N. a: O ( ) " " " CONSISTING OF PROXIMATELY 251 SQUARE 1 38.7 N R=8' ::'•.:.•: CIATE WALKWAY •:..•;.'..'•:..•: _ - ':. 'F.:'.: + + PUE+ +++ ,+ %%% 1 NEW 3 TALL 18 x24 LIT DRIVE THRU DIRECTIONAL SIGN. �� iv r' ... . .cn•:.,• + +#+� + + + �z � � ® FEET. BLAACK ::.. . R=8' R=8' wLI: ,+ + + + + + + + ® :p:,..:ca.++++++++++++++++ �� , I 2 NEW 3' TALL 18"x24" LIT "THANK YOU, DO NOT ENTER" 20' CONC. w c� EXISTING COSTCO INSTALLED AND MAINTAINED PUDIE 5 M z •.. �:©:. + + + �� ,Y ;..m'. + +k+,+++1+++++++ DIRECTIONAL SIGN. LANDSCAPED LAWN AND IRRIGATION SYSTEM ONSITE > , O Q Q.la�I i i i i>i 10 10 �� ....::-;....:....%*'-..:• R=2' 1 080 fY w ;..•• •.N;�++ + + + + + + + ,,,,,, ,,o,, 3 WITHIN THE LANDSCAPE BUFFER EASEMENT CONSISTING Cl- �I + OF APPROXIMATELY 9,038 SQUARE FEET (9.4%). N �z � z + + + + + + + + NEW PEDESTRIAN CROSSWALK SIGN. 1 Of R=1 O' R=3' R=3, c�w - - R=37' a �o• + +k++++ I++++ + �� _ J o" 4 NEW ACCESSIBILITY ENTRY SIGN. w + + + + + + + "' PROPOSED 18" TO 27" TALL 22" WIDE STUCCO 3"CREE 49 2 R=3T =25 0 Q + � COVERED SEAT SCREEN WALL PAINTED TO °°°°° .'�' ACCESSIBLE SIGNAGE R -} 0 + + + + + + INOB IN-N-OUT BURGER. LP I 1 N , ,, MATCH THE BUILDING WITH A CONCRETE CAP. AND BOLLARD (3) CF CURB FACE. ®3 - PAY ;;; ; ; I i SID SETTLERS IRRIGATION DISTRICT. z 1 1 R-3 + + 3 :4;:::': 40 WINDOW J ++++ + + + "' MW MONITORING WELL. Q I _ � 35.5' w Q LBE LANDSCAPE BUFFER EASEMENT. ' .;'.7-.' .•.,•.:• g- C�JSTOMER 1 ;.} �+'' + + 16 m o :.EOM':,::'. ++ + + J I .•.a '-:'.'I.. 51 ENTRANCE 1 + + + •:•..,•: N :..{ +1+ +++. +++++++ �, J�w HLIE HARRELL LATERAL IRRIGATION EASEMENT IN FAVOR OF SID 29, I ' • 39 -10 -:.....} 1 ' S Q o-N FOR IRRIGATION, DRAINAGE AND INCIDENTAL PURPOSES. ACHD ADA COUNTY HIGHWAY DISTRICT. � '• 'I' + + + + + + + z z z z �N :': '•:• •:..:I: 52 ACCESSIBLE 4 b) o 1 + , ,, -Q z N PUE PUBLIC UTILITY, CITY STREET LIGHTS, OWNERS ASSOCIATION PUDIE PUBLIC UTILITY, LOT DRAINAGE AND OWNER'S PARKING DECORATIVE INN OUT I . +1+ + THE + "-, x 0�� PRESSURIZED IRRIGATION, AND LOT DRAINAGE EASEMENT. ASSOCIATION PRESSURIZED IRRIGATION EASEMENT. ' ®_BURGER + + ,, ,[x/ I o SYMBOL I I BOLLARD (12) '•} z o 38 '..1 + + + + + �, cwzcn 15' S k2 '• 17 25' I5 + + + +++ + + 3,886 SF + + + , , Q z DESB ADA COUNTY HIGHWAY DISTRICT DRAINAGE EASEMENT AND GI HARRELL LATERAL GRAVITY IRRIGATION PIPE. 2554.89 SCP (25' MIN.) 53 ®5 ,a) o + + + + + + ++++ I W O H - 1. 20 25' 20 2 :,'+ + + + + + + + �� z/ w�� INCIDENTAL PURPOSES FOR SEEPAGE BED MAINTENANCE. (CLASSIC) + + + + + + + + ,, LJJ �O Q PI PRESSURE IRRIGATION PIPE. .'.''::I: 37 (25' MIN.) 000 0 0 '} ....'.:: + + + + + + J " � 1 LO� I Omwv ^ :,. ++#+ + +++++++++ Q ' - PRW PUBLIC RIGHT OF WAY, HIGHWAY AND RIGHTS OF ACHD, IP IDAHO POWER. •:I 54 + + + + + + + + z� w ; (n UTILITIES AND IRRIGATION DISTRICTS 'I' BLACK C NC. z c� N r + + + +++ ++++++ " in '''� IDE SID EASEMENT FOR IRRIGATION AND DRAINAGE WATER EXISTING COSTCO INSTALLED AND MAINTAINED 36 73 Q Q� O Q '•{ + " U '/' LANDSCAPED LAWN AND IRRIGATION SYSTEM OFFSITE IN m a + + + + + + ++ AND ACCESS TO THE HARRELL LATERAL •'.'I'. 55� O a_ �LU O w :•} + + + + + + O J THE PUBLIC STREET CONSISTING OF APPROXIMATELY Y 1 0 CF I w w z "' I CSWE CITY SEWER AND WATER MAIN, AND INCIDENTAL .-'.I °) V � V � w O J� c� � _� 3 � �E + + + .� o m 5,033 SQUARE FEET. •.::Q -10) 5 7 JO U- w } + + (+-) + zz U /i/ l I .:.:. w >o Q ;•.:; + + + +'+ +' ++ ��' �/� i I I PURPOSES, EASEMENT REA PRIVATE RECIPROCAL EASEMENT AGREEMENT 1 56 m(� W + + + + ++++++� ++ z z ' `� 30P PROPOSED CITY WATER MAIN EASEMENT w ..++ + + ++++++� ++ ,x)�-I.• 34 8 V) SOH- + + + + + + z /� •6•:. 12' + + �+ + + oz I ':I' 57 ++ +I+ +_ _ ++ EGIN RIGHT TURN LANE GENERAL NOTES o I I I ® . + + + + I .+ + YIEL4 TO BIKE SIGN 1 9 °go 4 ++ ++++ + +++++++ , ' ' WOOD IP PP W 3" 1. IN-N-OUT BURGER PREMISES AREA = 95,830 SQUARE FEET OR 2.200 ACRES. CISWE26 16 I .'':..'.:'•:•I': 33 PROPOSED 1,295 S.F. (ROH) RISERS W AN TRANSF. 14' CSWE :'':'}: 58 12'-9" TALL ATTACHED I � � ,,' EPB I 2. EXISTING CITY ZONE: C-G (GENERAL RETAIL & SERVICE COMMERCIAL). n 15 I COVERED PATIO STRUCTURE 05 + + j + + RAN++' 3. COMPREHENSIVE PLAN LAND USE DESIGNATION: COMMERCIAL. Q •. '' + +++++ ,+ + + + h'_ x I•.' 59 o = n o LP 36 , , .f og + + + o� 4. EXISTING LAND USE: VACANT LAND. (n z Q N 11 .. S ATe 110C +.�.+.+ + + + SL SLP 53236C 0 31 TR=3' 1++++++ + ' "' PROPOSED LAND USE: NEW IN-N-OUT BURGER SIT DOWN RESTAURANT WITH A DRIVE-THRU LANE PERMITTED IN CITY ZONE WITH z 0 1 ' ..._ .::•.. 60 II ++ + +++'+++ + CONDITIONAL USE PERMIT, 1 ADMINISTRATION DESIGN PLAN REVIEW ADPR , AND CERTIFICATE OF ZONING o Ln '4?.�•:I.. 30 0 :' .' OH- �' COMPLIANCE (CZC), Q w � z I 61 Q=j .to.,.. 12P + + + + + + + + 5. PROPOSED SCOPE OF WORK: > I R=3' R=3' oo a N..•,..,..,..r., .,.., 3 + + + + ,,, I (A) CONSTRUCT A 3,886 SQUARE FOOT SIT-DOWN (74 SEATS INSIDE) RESTAURANT BUILDING, A 29 VEHICLE LONG DRIVE THRU ♦ w SEAT. . '.1•. CB QUEUE AND 73 SPACE SHARED PAVED SURFACE PARKING LOT. a_ro � 1 L5 .*T_�' . . - - ` * , ... .1'.1.'...*., ft+ +% + + + + + + + ``I" 6. IN-N-OUT BURGER CLASSIC BUILDING AREA = 3,886 S.F. Q I w m R=12' 017- + + ++ 1+4'++ 1 I R=8' R=8' I 1'..:.:•, ' +++++ +' '+ + 1 PUE ATTACHED COVERED PATIO STRUCTURE ROOF OVERHANG = 1,295 S.F. + + + + + + + + N a 10 + + + + + + ,,,, 971111 COVERED TRASH ENCLOSURE ROOF OVERHANG = 584 S.F. ® 11, FIE BL zo>- � ^ BIL .1.--.'... + + + + + + + + ICVCONC. z - + + + + + + �� 52' INDOOR SEATING = 74 SEATS. 21 31 w o,o co 1) :�.'•::.* + tt 45� - - nn ...........:.� + + + + + +F OUTDOOR SEATING = 46 SEATS (12 TABLES). + + + +++ + + + , 5' 10' OUTDOOR SEATING AREA = 1,295 S.F. STRUCTURE PLUS 64 S.F. EACH FOR 2 4 SEAT TABLE (128 S.F.) PLUS 20 S.F. EACH FOR N. + + + + + + + + + �Z�" 3 1-2 SEAT TABLES (20 S.F.) = 1,443 S.F. o to -a LJLJ -IF:.': + + ih ) N - M 1 LOC � N II x w II =0 I ..}•::;'•:.' 200' + + + + + + z W+ z DI a W N W o 0 0� :':... .J+. ++ ^i+++++++++ + ,, U cn II {'•'.'.. ++ +' '+'+++++ z" 7. REQUIRED PARKING: 1 SPACE PER 500 SQUARE FEET OF GROSS FLOOR AREA (8) PLUS OUTDOOR DINING PATIO AREA 20 « II w v) 9 �. +I"+ + +.� I w 3 = 11 SPACES. Q J 10' 10' N N 62 63 64 65 66 67 a o ^2':ao-'.::'.:..:::.:..:::.::.: +' ,, o o +++ + E+ + + + + - - w :k4:'... cn�z 8. MAXIMUM FLOOR AREA RATIO (FAR) = NONE FOUND. FAR PROVIDED = 0.04. 1 w +++ + ++I++++++ + , " - IC N o + + + + + + ,; o o' L R=3' B O I 9. REQUIRED SITE LANDSCAPE AREA NONE FOUND. O 000�0° �(� 12 O +++++++++++++++++ ,,, I :'�'•:'::'::':: II z I w I W o> :{ + + + +I + + ,,, I 10. LANDSCAPE AREA PROVIDED WITHIN PROPERTY = 26,736 S.F. (27.9%) 1 w ..: ,::�+++ +++�+ + + + + R 15 ..:•? ? a o a 15 13 m {•::: ::::': 11. IN BURGER PARKING SPACE DETAILED SUMMARY TABLE M [� + + + + + _ Jz + + + + + + + + EX. 6" CONC. z- �I o TYP• a�a O ::�•.:.'..:+ + + + + + CURB A D 18" DESCRIPTION REQUIRED PROPOSED + ++++++ + z z J p v� z 1 T 25' :9.:1.' 9 1'..' 26' 1 T },:.'•:.'.':.'•:. O + 'Oc + + + GUTTER 1 ::► '..:':I'. 29 (25' MIN.) o (25' MIN.) 14 Q� LP N :{'•:' g f w 1. STANDARD SPACE (9'x19') 10 29 +, (v ' ..::., 15Lf) ::};:::•..:::::::., 15 + J ;" I 2. STANDARD SPACE (9'x17' PLUS A 2' VOH) 0 33 a 73 72 71 70 69 68 =128' ',':{+ + + + + + + + = I I rn 28 MENU BOARD :{'.'•.::.'.:.:.'•. + + + + III + I. +"%' o o AND SPEAKER + + + ,'''��' II II :•'': 12' 12' 5.5.,."•%,- .+ + o ''" � � ��\ z L_ 3. ACCESSIBLE VAN SPACE (16 x18 PLUS A 1 VOH) 1 1 '•..'*� �"� ^II + + +r+ + + + RIGHT LANE M ST :7> D .....;I.: 27 z ^ 16 'n }''' ''' E� •.',•::',',' 'r' ' + TURN RIG T SI N 4. ACCESSIBLE SPACE (14'x18' PLUS A 1' VOH) 0 2 •..'I: N Z J } + + z 5. STANDARD SPACE (9'x18' PLUS A 1' VOH) 0 8 .,.,-* 26 L0 'n M 04 2 }.::'::': 10 Q ...f. {+ + rn o 17 }.:•;.:;; .' Azp+++++ 5' 6.5' W 6. TOTAL 11 73 P 00 ��v R=4' o /� + + ;II A.C. PAVEMENT u $ + + , 0 w '::' +.+.+. + +++ , 7. IN-N-OUT BURGER DRIVE THRU VEHICLE QUEUE 20' LONG INOB VEHICLE 0 29 a......'....--...-.-.,.,...*. 77't'/ 7�A Q :::'::. ++++ + + + ( ) �m."L �� 25 24 23 22 1 20 19 18 .-: 'x 0 5 ':.,R .25. + + +' } + + 8. SHORT-TERM BICYCLE PARKING WITHIN DESIGNATED BIKE RACK 3 4 w ::t:9:7.. .. . 0 w I / :,+ + + + + w *C0.-:.•:.•:.•:.•:. 9. LONG-TERM BICYCLE PARKING WITHIN A LOCKABLE PERMANENTLY ANCHORED LOCKER ON A CONCRETE 0 0 m :'•'.�t'•'.'•:'•. Q , . . , Ni 1 a 9 0 U ++ .:I:'::: SLAB AMERICAN BICYCLE SECURITY COMPANY BIKE-SHELL MODEL 302 FINISH: MEDIUM GRAY TYP. ++ + + 1 O ::IL::;., w 0;.': •.;. ® ..:.. .......:.•.....•.:• :•••.'•P Ei++ ++ ++ 4, + ,,,cji 12. ALL NEW SIGNS SHALL BE APPROVED BY A SEPARATE CITY PERMIT. 0 + a 1 T '�. 5 + ++ + ++ a pk ': ..•...•..•.mow•`'••.•'•.'••:•'••.;'••:•'•••':•.T.•'r.-':•:�•':-�•.;':•:•'•:.;'•.'••.:'••• ... .. PP..: O S I 13. ASSESSOR PARCEL NUMBERS: R5330761410 AND R5330761510. J I + ++ ++ +++ i i Q .•'••.i''.•'.. Us = , I 14. EXISTING TREES IT +E+ E S G TEES ONSITE 6. 13 i 26 2 0 ,':' , + ++�++++'++' + 4., 47.5' _ 0 28 a OFFSITE STREETOTR ES TOT BE REMOVED = 0 6. v, I , 8 - 14 � O ++ +I++ ++ ++1 18____ SWE :•.. ® �- 20 1 N _16 O o D D ++ ++++ + R+W + + TOTAL ONSITE TREES TO BE REMOVED = 0. + /z01, z 15 w GRADING ::.. + +++++ + 29 + 9 m Q o W D � w 15. SITE PLAN SHALL MEET ALL ENGINEERING AND NPDES REQUIREMENTS. O D REC. WV w N (-) I 15 LIMIT + n n O M O OO O OOO O OOO D ' � 2a + _p i� 27 o DR=20' 8 + + + + + + '' w JO�o O ,, Q SHEET INDEX OF CITY ENTITLEMENT DRAWINGS I I _ = QN ) I I- NO B N I R-20 N J •:•�'.'•.�•�R'�.�.•�'Lei'�.•��'••'.'•.�•'.'•.'•�.'•.�•'.'•:••'.'•.�•':•.'•�.'•:••.•. 25 17 [++++ 0� G. Ate. . D o 23 2 [(= C M IN SIGN + + , i 00 I * Q _ OL1M T:: :.::.:':' '. : '.:., - L...: . . . o NO. SHEET TITLE {. . w -1 GRAD I ++A1�N '+ ,. o� cn a . :'•. 0. + + + + � + � O �w�� N N *-�. T.- •':''•''•.''•..':. cn.I *1:- 555.h3 S . . o C30.0 CITY ENTITLEMENT NEW SITE PLAN 1 Q 5 +++ +++ ++ 0' : ':' IL �=:_': n �z -. . '..' . .. .. .. .. .. ..'..'..'..'.. 1 0 3s' I ,-. �. . . . . .• . .• . . . . . . . .• . .• . . . . . . . . . . . ++++++ ++ , Q C31 CITY ENTITLEMENT EXISTING SITE PLAN + + + + 4 i T I 1 SDM P z .. •.. a..• . . . . 5 �f1, C32 CITY ENTITLEMENT DEMOLITION PLAN :5 fE �. 0 LAWN - E.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..6 .. .. .. . . L A OC . � . . ' , „ w OM'::. .. in.. •�. '. •'. + a i i i .. C33 CITY ENTITLEMENT GRADING AND DRAINAGE PLAN 11 n . G`.. .cn.••.•:••.•..•.•.••w'•.•'•1n•.•.•.• ", ,,,,,, PROJECT NORTH TRUE NORTH 2 5 �r}.. :'• '.'•.''.'•.'• 9.'• '•. Ix 5. W r ,i SCP .. .. .. .. .. .. .. .. .. .. . :•'. :•'.:•'..'.:•'..•'. .. '::•'..'::•'..'::•'..':. .. . . ++L+AWN '�' =:•�: :_:- •- : •. fla...... .. .. .. .. .. .. ..:a'•. .. ...,:x{.zpr-..•:. w �. .,.c.. . •.. + ipcP GP R + + + 2554 84 C ;1+++ + + + + + + + +-r -: �o ,........00r C9 ..::• ' + C34 CITY ENTITLEMENT STORM DRAIN AND UTILITY PLAN M o + + + + + + + + + + + + .-+ ... .,__rTr++ ++ `'+ +':' :' :':�-:' +' :' '+ ` .� '+ � :'�•'� • •�' '' '' '' '' :' „ + F W 0 10 20 40 60 W � +. + + + + + + + + + + + + + +-+ ++ + + +�+ +-+ +�+ +� + . ++-+ +-+ +-+ + + + T Q RA OLEO ITS S S L °°AMP C35 CITY ENTITLEMENT PRELIMINARY STORMWATER MANAGEMENT PLAN LAWN + + + + +++++++++++++++�+++++++ + +1, WN++ + + + + + + + + + + + + + + +- + + + + + + + + + + + + + + + + + + + + + + + ++ 10J.�06 20 15 ,,,, "+ + + + + + + + + + + + + + +LA' N+ + + + + + + + + + + + � TSPB+ + + + + + + + + + + + + + + + + + + _� L � CONC. LKR=1337.50 N89'3918"W" ao %% m TSP GRAPHIC SCALE C36.0 CITY ENTITLEMENT HYDROLOGY STUDY MAP - EXISTING CONDITION ;r , , , , L=147.94 CONC. SIDEWALK 100.82 w o+, SCALE: 1"=20' �� zazazzzzazzzaz" 0 N I QI/I i2wk1l �3'T ,E I Q O C36.1 CITY ENTITLEMENT HYDROLOGY STUDY MAP - PROPOSED CONDITION REE ' � �/�. 549 BS��,r �� <WV ® W "•��/�00z�" ,�3' �� A �,,' F ® c) /,/�/��z ' ;�Kmq," � 3 E' . K ' I _ C37 CITY ENTITLEMENT TOPOGRAPHY SURVEY MAP W ,� ,,,,,,,,,,,,,,,,, ,,,, SL __ _ - - W< C38 CITY ENTITLEMENT BOUNDARY AND EASEMENT MAP Q g,, . 6" CONC. CURB `[Ifn Y W. COST RAPIDS � L,ja AND 18" GUTTER (PUBLIC STREET) ®RI\/E m ju m I REC WV �� LPP.1 CITY ENTITLEMENT LANDSCAPE PLANTING PLAN zN • ~� C - J �� LCP.1 CITY ENTITLEMENT LANDSCAPE COLOR PLAN z APOGEE PROJECT N0. ---- w DEVELOPER: Underground Service Alert REVISIONS - - CIVIL ENGINEER: IN-N-OUT BURGER CITY ENTITLEMENTIN-N-OUT BURGER 0 MSL $ASS\ F_N FNG� 0 13502 HAMBURGER LANE ,,,%FORE '-C/ Call: Toll Free � j\/] � ENGINEERING, INC. QQ° �.•OENSF0 �01 5985 AND 6037 N. TEN MILE ROAD - BALDWI N PARK, CA 91706 °P `' Q CIVIL ENGINEERS AND LAND SURVEYORS SPECIALIZING IN SITE DEVELOPMENT 20320 MERIDIAN I D 83646 NEW SITE PLAN CONTACT: CABBIE RUIZ � � :2 Apogee 301 NORTH SAN DIMAS AVENUE, SAN DIMAS, CA. 91773 � � lNmNmOUT PHONE: 626 813-8266 �� Architectural Partners (909) 05-2395 FAX (909) 305 2397 �Ix �o M TWO WORKING DAYSCdmMW '9 9T Prn ®_ BURGER CONTACT: BRIGID WILLIAMS BEFORE YOU DIG A�"`� L� 0 ,� 05-19-2025 990/� DFP��O N PHONE: 626 813-5398 16775 ADDISON ROAD,SUITE s5o Q ADDISON,TX75001 AARON D. PELLOW R.C.E. 20320 DATE O PH:(469)960-2322 JN 23025-23025 C30.0censp rn L, Exhibit B - Meridian Revised Landscape Plan dated 5 . 27 . 25 I - PLANTING LEGEND II I I SYMBOL BOTANICAL NAME COMMON NAME SIZE SPACING QUANTITY REMARKS \\ TREES•• n • •• I zzzz zzzzz z z EXISTING ON SITE TREES TO REMAIN. I I I Inn nn•• •• n I n ♦ • zz', n — — _ zz zz iz zz zzzzz zzz•• nn ■ ■ n •• ••♦• • I� IQ I •♦• •• •nn nnn zz zzzzzzzz zz �k� \ ^ n ® / ACER PALMATUM EVER RED 2.5" PER PLAN +/-5 STANDARDS _ • n^ 'EVER RED' JAPANESE MAPLE CALIPER MATCHED • n n ^ izzz zzzzzzzzz z�z CORNUS KOUSA SAMARITAN VARIEGATED 2.5" PER PLAN +/-2 STANDARDS- ^ 'SAMZAM' KOUSA DOGWOOD CALIPER MATCHED CORNUS KOUSA n .' '• ' '•• ACER PALMATUM JAPANESE MAPLE 2.5" PER PLAN +/- 11 STANDARDS- IF 'SAMZAM' I ^ 'SANGO-KAKU' CALIPER MATCHED 0— n .... ........ NYSSA SYLVATICA WILDFIRE TUPELO 4"CALIPER PER PLAN +/- 19 STANDARDS- 'WILDFIRE'UL MATCHED ACER PALMATUM • •• z' z//////z/zzz// /z . . . , I 'EVER RED' A •• 1 II I I I>I `s •• I ° ;;;;;;;;;;;;;;;; ;�; SPIRAEA JAPONICA —PYRUS CALLERYANA CHANTICLEER PEAR 3"CALIPER PER PLAN +/-6 STANDARDS - geo _ I YAN' GLENS FORM' MATCHED goo I • I I I I I I:Z I OI I I I I `9` MAHONIA AQUIFOLIUM i" —RO '" 'ORANGE FLAME' m TILIA TOMENTOSA STERLING SILVER LINDEN 4"CALIPER PER PLAN +/_6 STANDARDS - NANDINA DOMESTICA o _ ° SILVER LINDEN' MATCHED I — 'SEIKAI I w z zzzzzzzzz' zz' zY(z ^^ — � w i I z zzzzzzzzz' zz' z'Zz SHRUBS ELYMUS CONDENSATUS R R ' ' , ,,,,,' ,, ,,�, 'CANYON PRINCE ® BOUTELOUA GRACILIS BLONDE AMBITION BLUE 1 GALLON 24" O.C. +/-216 TRIANGLE SPACING R 'BLONDE AMBITION' GRAMA GRASS _ RHODODENDRON X 'TRILBY' DWARF TALL FESCUE/BLUE O BERBERIS THUNBERGII GOLDEN RUBY BARBERRY 5 GALLON 24" O.C. +/-259 TRIANGLE SPACING ARONIA MELANOCARPA I ' ® + w % GRASS BLEND 'GORUZAM' •. ® w o .• RHODODENDRON CALAMAGROSTIS X ACUTIFLORA FEATHER REED GRASS 1 GALLON 24" O.C. +/- 37 TRIANGLE SPACING • Q 'KARL FOERSTER' •. CATAWBIENSE 'ALBUM' •• I "" "' 0 • DAPHNE X BURKWOODII CAROL MACKIE DAPHNE 5 GALLON 24" O.C. +/- 39 TRIANGLE SPACING • 'CAROL MACKIE' Q ELYMUS CONDENSATUS CANYON PRINCE 5 GALLON 24" O.C. +/-22 TRIANGLE SPACING 0H- "" "' EXISTING ON SITE TREES To REMAIN. CANYON PRINCE' GIANT RYE GRASS LANDSCAPE CONSTRUCTION LEGEND �I - - - w E O HEMEROCALLIS DAYLILY 1 GALLON 24" O.C. +/- 319 TRIANGLE SPACING — / SYMBOL MATERIAL 'PARDON ME' EUONYMUS JAPONICUS I i I I I ♦ ', PICEA PUNGENS HEUCHERA X'TNHEUNESI' NORTHERN EXPOSURE 1 GALLON 24" O.C. +/-215 TRIANGLE SPACING ° I HZOH- •♦• GLOBOSA' SIENNA HEUCHERA 'MONESS' ^° I n n 1,13"""'' " 3"THICK MULCH LAYER TO BE INSTALLED o°° / NO SYMBOL ® ° n O HEUCHERA RUBY TUESDAY 1 GALLON 24" O.C. +/-42 TRIANGLE SPACING ^ I �rl ^ BERBERIS THUNBERGII SHOWN IN ALL PLANTERS WITHOUT DRY STREAM 'RUBY TUESDAY' HEUCHERA I, n ' '"""' " ' 'GORUZAM' BED,GRAVEL, OR BIOSWALES. ^ ' " ^ O JUNCUS EFFUSUS CURLY WURLY 5 GALLON 24" O.C. +/- 58 TRIANGLE SPACING n o e,e ,�' I 1 NYSSA SYLVATICA ^ I gog OQOO ''�I' 4"-8"ANGULAR COBBLE FOR DRY STREAM BED CURLY WURLY' CORKSCREW RUSH 'WILDFIRE' I n I ® ® ®_ egg SUBMIT LOCALLY AVAILABLE OR EQUAL n O RHODODENDRON CATAWBIENSE WHITE CATAWBA 5 GALLON 24" O.C. +/-24 TRIANGLE SPACING BID PURPOSES: AMBER CLOUD BY DECORATIVE 'ALBUM' RHODODENDRON ^ PYRUS CALLERYANA STONE SOLUTIONS ^ 'CHANTICLEER' ® RHODODENDRON X TRILBY RHODODENDRON 5 GALLON 24" O.C. +/- 16 TRIANGLE SPACING 6"X 6" MOW CONCRETE BAND TO 'TRILBY' BOUTELOUA GRACILIS // SEPARATE ALL LAWN AREA FROM 'BLONDE AMBITION' PLANTER AREAS O SPIRAEA JAPONICA DOUBLE PLAY GOLD SPIREA5 GALLON 24" O.C. +/- 190 TRIANGLE SPACING • • i 4OH- ,, ,,,,,,, ,,, CALAMAGROSTIS X ACUTI FLORA YAN' HEUCHERA X'TNHEUNESI' , =♦ III I,I�Y I Y I II KARL FOERSTER' PROTECTIVE BARRIER HEDGE II� I[/IxIxI I/I • "" """"' "" ® ARONIA MELANOCARPA LOW SCAPE MOUND 5 GALLON 24" O.C. +/-96 TRIANGLE SPACING LANDSCAPE BOULDER LEGEND ® EUONYMUS JAPONICUS ILVER PRINCESS 5 GALLON 24" O.C. +/- 179 TRIANGLE SPACING n JUNCUS EFFUSUS 'MONESS' BOXLEAF EUONYMUS ^ I 'CURLY WURLY' BOULDER# SIZE TYPE/COLOR/MANUFACTURER 0 MAHONIA AQUIFOLIUM ORANGE FLAME 5 GALLON 24" O.C. +/-49 TRIANGLE SPACING E ] nn ^ I "" ' HEUCHERA DECORATIVE STONE SOLUTIONS ORANGE FLAME' OREGON GRAPE HOLLY LJLJ ""' 'RUBY TUESDAY' 1 V X 2' X 3' ® NANDINA DOMESTICA OBSESSION NANDINA 5 GALLON 24" O.C. +/- 165 TRIANGLE SPACING 0 BOULDER/COLOR: AMBER CLOUD 'SEIKA' •• PH: 800-699-1878 �� O "" '""" ' "' " ®j PICEA PUNGENS DWARF GLOBE 5 GALLON 24" O.C. +/- 113 TRIANGLE SPACING DECORATIVE STONE SOLUTIONS 'GLOBOSA' BLUE SPRUCE 2 2X4 X3 n°^^^n° nnn • ,• E BOULDER/COLOR: AMBER CLOUD PROTECTIVE BARRIER HEDGE PH: 800-699-1878 lO ♦ I O 3 3' X 3' X 3' BUXUS MICROPHYLLA VAR. WINTER GEM BOXWOOD 5 GALLON 24" O.C. +/- 132 TRIANGLE SPACING • I DECORATIVE STONE SOLUTIONS O o O JAPONICA'WINTER GEM' BOULDER/COLOR: AMBER CLOUD • I HEMEROCALLIS PH: 800-699-1878 PARDON ME' ♦ ^^ II'/�rII/'"�I n " """ ' " GROUNDCOVER TILIA TOMENTOSA ^ • • n 0 BOULDER PLACEMENT (GROUPINGS) SHALL BE REVIEWED BY THE 'SILVER LINDEN' n n 0 n LANDSCAPE ARCHITECT PRIOR TO PLACEMENT. O W ® JUNIPERUS HORIZONTALIS BLUE CHIP JUNIPER 5 GALLON 24" O.C. +/-77 TRIANGLE SPACING n^ I I �� 'BLUE CHIP' ° ........" I I LANDSCAPE KEY LEGEND x x ; x x x ; — DWARF TALL FESCUE/ LOCALLY AVAILABLE, +/-2,361 ? •• BLUE GRASS BLEND SUBMIT CUT SHEET TO SQ FT I I . SYMBOL MATERIAL : x = : x x x OWNER PRIOR TO ORDERING 3"THICK MULCH BUXUS MICROPHYLLA VAR. 0 """""iI' "' LAYER •, l0 0 ,' I l% 24"WIDE MATTED INOB ASSOCIATE NOTE: JAPONICA'WINTER GEM' to ,/,,,I,,,, WALKWAY 1. QUANTITIES SHOWN ARE APPROXIMATE, CONTRACTOR SHALL VERIFY COUNT. BASED UPON OC SPACING INDICATED. I 24"WIDE MATTED INOB W 2. ALL PLANT MATERIAL SHALL BE REVIEWED AND APPROVED BY IN-N-OUT REP. AND LANDSCAPE ARCHITECT. 3. ALIGN TREES WITH PARKING STALLS STRIPING. • ■ ■ . ASSOCIATE WALKWAY 0 ' 4. INSTALL 3" SHREDDED MULCH FOR ALL LANDSCAPE AREAS. EXISTING COSTCO INSTALLED AND 0 ' ' MAINTAINED LANDSCAPED LAWN AND LANDSCAPE BOULDER O o° IRRIGATION SYSTEM ONSITE AND OFFSITE n • COLOR: AMBER CLOUD �/ �/ ^' �° O • • "' ""' "' 4"-8"ANGULAR 0 ® " COBBLE FOR DRY O 0 STREAM BED 0 : -------------- I EXISTING COSTCO INSTALLED 6"X 6" MOW -- ,,, AND MAINTAINED LANDSCAPED CONCRETE BAND LAWN AND IRRIGATION SYSTEM ACER PALMATUM D ONSITE AND OFFSITE 'SANGO-KAKU' °■ �� ao D W E DAPHNE X BURKWOODII • "' """" "' ' JUNIPERUS HORIZONTALIS • ''' ' """ ■ +± '+ I z' zzzzz z zzz CAROL MACKIE' ■ BLUE CHIP' 0 I zzz 20' 10' 0' 20' 40' s 60' I I , Y Y I II I I I •• I _ _ _ %%%%%%I% I I I I I � •• � ' ' n ' I I 1 1 I I I Iz Y I I ' ' :, , , II 1 1 1 1 ♦ • • •. •. • AGRONOMIC SOILS REPORT REQUIREMENT SCALE: 1n : 20' I , • ■ , n^n nnn , ,,,,' , ,, ,, ® ■ ■ ■ ■ ■ : :a n^ ^n' ' ■ ■ AFTER MAJOR GRADING OPERATIONS ARE COMPLETED, CONTRACTOR SHALL OBTAIN GRAPHIC SCALE ear TREE ROOTBARRIER - FIBERWEB BIO BARRIER: SOIL SAMPLES FROM MIN 6" DEPTH AND SUBMIT TO AN APPROVED LABORATORY FOR • •• ■ ,., ,,,I 0 ',. N I I � ■ I I z zzzz',zzzz i I •••. ^ ■ O ® ® ■ n '' ANALYSIS AND RECOMMENDATIONS. OBTAIN A MINIMUM OF 1 SAMPLE PER ACRE AND LANDSCAPE ARCHITECT: •. •...n n �- � n • CONTRACTOR SHALL INSTALL TREE ROOT BARRIERS FOR �o E OF / �.. ' , ' ^ ° • • -h k �- + + �-++ + ^ ^ ;��;;�� 1 SAMPLE AFTER IMPLEMENTATION OF FIRST REPORT FOR VERIFICATION SOIL �.� p,� Oq ', , zzz zzz , , , °°°°° ° ° ••• nnnnnnn •• ° •• � • "° LANDSCAPE �� tip, ALL TREES WITHIN 6' OF CONCRETE EDGE INSTALL THE 24" MEETS SOILS LAB STANDARDS. REPORTS MUST BE SUBMITTED TO W. P r ° ° ° ° ° ° ° ° ° VERSION AND SHALL BE CONTINUOUS FOR 10' ON EITHER O pG �,,,,,,��,,, %,,,,,,,, ° �,',' � ARCHITECT, CITY AND OWNERS REP. FOR REVIEW AND APPROVAL. � IIo�Izz/I_ SIDE OF TREE. s • STREET TREES AND OTHER TREES LOCATED WITHIN 10-FEET OF THE PUBLIC RIGHT-OF-WAY (WITH THE EXCEPTION OF I nat re ate' OS /2025 c u D PALM TREES) SHALL BE PROVIDED WITH A BIO BARRIER. LANDSCAPE IRRIGATION INTENT: _ e �, O � �• BPA o P .` ® ® ',zz azzzzzzizzzzzzzzzz zzz',zzzzzzzzzz'° z zzz zzzzzzzzzJ7, �E'/,' ',zz' zzzzzzzzzzzzzz',z rzzz zzzzzzzzzz' izrzzz zzzzzzzzzzzzzzzzz -_ — I '9�V c� IT IS THE INTENT TO PROVIDE AN IRRIGATION DESIGN UTILIZING DRIP IRRIGATION LANDSCAPE ARCHITECTS .i�A �S C A ----- SYSTEM FOR THE ENTIRE SITE BURIED A CONSTANT4" BELOW FINISH GRADE AND IL - Expires: 01/02/2026 FIBERWEB B10 BARRIER: STAPLED DOWN @ 5' INTERVALS FOR ADDED PROTECTION. THE IRRIGATION SYSTEM CONTRACTOR SHALL INSTALL TREE ROOT BARRIERS FOR ALL SHALL BE CONTROLLED BY A SMART CONTROLLER WITH ONSITE WEATHER SENSOR BRAN DON PETRU N 10 & ASSOCIATES, INC. W. LOST RAPIDS I)FINE 0 TREES WITHIN 6' OF CONCRETE EDGE. INSTALL 24" DEEP AND AND REMOTE OPERATION THROUGH THE INTERNET FROM CENTRAL LOCATION. LANDSCAPE ARCHITECTS SHALL BE CONTINUOUS FOR 5' ON EITHER SIDE OF TREE FOR A CONTROLLER SHALL BE A TYPE WHICH AUTOMATICALLY ADJUSTS RUNTIMES AND TOTAL OF 10' IN LENGTH. SEE DETAIL E, SHEET LPD.1 FREQUENCIES BASED, NOT ONLY ON HISTORICAL ET, BUT ACTUAL ONSITE Design Studio: 69 C San Dimas Ave., San Dimas, CA. 91773 PLAN VIEW SCALE: 1" : 20'-0" Corp Office: 15699 Cherry Leaf Lane, Fontana, CA. 92336 WEATHER CONDITIONS. T: (424) 235-8940, M: (951) 312-9943, E: brandon@bpalas.com REVISIONS APOGEE PROJECT No. ----- CIVIL ENGINEER: IN-N—OUT BURGERUnderground Service Alert ONALDEVELOPER: MSL CITY ENTITLEMENT 0 \ ��s Nc, IN-N-OUT BURGER `,eEFORE Y Call: Toll Free Nohow ENGINEERING, INC. 6 i, 5985 AND 6037 N. TEN MILE ROAD 13502 HAMBURGER LANE CIVIL ENGINEERS AND LAND SURVEYORS SPECIALIZING IN SITE DEVELOPMENT LANDSCAPE PLANTING BALDWIN PARK, CA 91706 001 Apogee 301 NORTH SAN DIMAS AVENUE, SAN DIMAS, CA. 91773 20320 MERIDIAN ID 83646 INmNmOUT CONTACT: CASSIE RUIZ kki Architectural Partners (909) 05 2395 FAX (909) 305 2397 �'A� Pao PLAN TWO WORKING DAYS ASPOLedCo ry 9 T Xp S� PHONE: 626 813-5399 BEFORE YOU DIG 16775 ADDISON ROAD,SUITE 350 9,Q F of �O ®_ BURGER ,� �?�� 05-27-2025 ADDISON,TX 75001 P LPPE ■ PH:(469)960-2322 AARON D. PELLOW R.C.E. 20320 DATE D. Exhibit C - Updated Queuing Observations May 2025 Table A Summary of May 2025 In-N-Out Burger Drive Through Queue Surveys Observed Queue Length(Vehicles) Mid-Week Lunch Mid-Week Dinner Saturday Lunch Saturday Dinner Survey Site Period(11a-2p) Period(5-8p) Period(11a-2p) Period(5-8p) Boise Average 18 18 20 25 85th Percentile 23 22 28 32 95th Percentile 25 24 30 33 Maximum 27 30 32 35 Meridian Average 17 22 20 30 85th Percentile 22 28 24 32 95th Percentile 25 31 26 33 Maximum 29 33 28 34 Nampa Average 16 17 14 23 85th Percentile 19 20 18 30 95th Percentile 20 23 21 32 Maximum 21 28 24 35 Source:Surveys conducted on Thursday,May 1,2025 and Saturday May 3,2025. g3ldi� --- + + + + + + + + + + + + + + + + + + + + + + + + + + + + 1, 1 0.0 0.0 0.0 0.1 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.1 0.1 0.1 0.1 0.0 0.0 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0Schedule r I ---------- Number Lumens Sym Lamps per Lamp + + + + + + + + + + + + + + + + + + + + + + + + + + + + + !1 • • • • 0.0 0.0 0.0 0.1 0.2 0.3 0.3 0.3 0.3 0.3 0.3 0.3 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 0.01 i --------------------------------------------------------------_--------------------------------------------------------------------------------------------------------------------------------------------- ------- -- ! Performance +o.o o�o +o.ol T5M Type 5 Medium Package 4000K CCT 80 CRI + + + + + + + + + Q + o + 00 02 0.4 0.5 0.5 0.6 0.5 0.5 0.5 0.4 3 0.2 0.2 0.2 ® 0.1 Q04� 0.0 0.0 i ❑ 0A1 I +0.1 +0.1 + + + + + + + + + + 02. Q+ + + + + + + + + + + + I 0 0.6 1.5 2 6 3.2 3.5 3.6 3.6 3.7 3.1 2. 2. 5 3.8 4.0 3.8 3.4 3.2 3.3 2.9 2.0 .1 0.5 0.3 0.2 ! I Max; 13100cd i0.2 0.3 + + + + + + + + + o + + + + + + + + + + + + + 0.11 11 12X12 Square Recessed LED - 12X12 Square Recessed 1 2808 0.9 32.2 0 1. 2.6 38 4.3 5.0 5.3 5.4 5.6 5.4 5, 4.6 4.6 4.9 5.6 5.8 5.7 4.9 3.8 3.0 2.3 1 5 0.8 0.5 0.3 Q Q with Prismatic Lens, 1 I I I 1 SYL30, 40K i+0.3 +0.4 ! 1 +0.21 + + + + + + +6� + + + + + + + O+ + + + + ❑ 1.4 4. 5.5 6.3 6.5 5.8 5.6 5.5 5.5 5.7 9 6 3. 2.8 2.3 1 7 0.9 0.5 0.3 M I + + ! 1 I 0.3 0.4 ' +0.2 1 + + + + + + + + + + + + + + + + + 1.4 4? 5 6.2 6.1 6.1 5.7 5.3 4.9 4.8 4 ® 4.8 5. 10. 2.4 6 1.0 0.6 0.4 i ! s s 1EM \ ® ! Max; 1392cd +0.3 +0.4 G +°.2j 1 #25 4 d S40KS(80CRI) 8' EXTERIOR RECESSED IN EXTERIOR 1 6869 0.9 41 + + \ J + 1.3 5.7 64 6.4 5.8 5. 5.0 6 4.2 3.9 3.7 3.8 4 0.6 .8 16 1.0 0.6 0.4 ! 085 8' D WHT UNV SOFFIT SLOT I +0.3 +0.4 + + + + + + + + + + + + ! S + \ + + + + + +0 2 1 7.0 6.0 5.0 4.5 4.0 3.6 3.2 3.1 3.1 ° 4 0 1.5 2. 0 1 4 0.9 0.6 0.4 W 1 I ' I -4� I I +0.3 +0.4 1 S +0.2! I + + + + + + + + + + + + + + + + 1.0 8.0 6.3 4.7 4.1 3.5 3.0 2.7 2.6 �3 2 1 .8 6.3 .8 1 6 0.9 0.6 0.4 Max; 2596cd + Q - 2 REL437-70OL-DIMTR- SAM 3030 1 896 0.9 11.1114 0.3 0.4 1 ° ❑ 1 0.2 + + + + + + + + + + + z + + + 120-40K-90-W-WH 5 0.JB 6.6 8.6 8.5 6.4 4.5 3.8 3.2 2.7 2.3 2 5 1. 8.2 .3 1 9 1.0 0.5 0.4 ❑� 0.2 W2E 5 +0.7 + .5 +8.0 +7.9 +6.1 +4.5 +3.8 +3.1 +2.6 +2.1 + . +2 8 2.7 e0 13MQC�[Q .5 .8 +2 1 +1.1 +0. +0.3 1 0 M i I ® W1 + I ; 0.2 0.31 0.2 1 + + + + + + + + + + °+ + + + + .4 0.6 6.4 6.9 6.9 5.8 4.7 2.7 2.3 25 .2 .3 24 1.4 0. 0.4 Max: 658cd 4 TZL1F L96 6000LM MDD TZL1F 96" 6,000 Lumens , Medium Diffuse, 1 5339 0.9 56.26 ! +0•2 +0.2i ■ +0.2 ! MVOLT 40K 80 CRI MVOLT, 4,000K, 80CRI + + + + + + + + + + + + + + + + 0.4 0.6 5.4 6.4 6.4 5.9 5.2 4.6 3.8 3.2 2.7 2.4 2.4 2 .0 1 .g 2 9 1.7 0. 0.5 j I 1 ❑ ❑ I 0.4 0.6 3.9 5.9 6.5 6.1 5.7 4.9 4.3 3.7 3.3 3.0 2.9 4 10.2 .4 3 7 2. 10 0.6 I I ❑ I I +0.1 +0.P j ReH +0.2 1 + Max. 1891cd 0.3 0.6 3.3 5.3 5.9 5.9 5.8 5.3 4.7 4.3 4.0 4 ❑ .4 5 .3 4 5 3. 1 3 0.6 a ❑ 1 ZL1F L48 6000LM MDD ZL1F 48" 6,000 Lumens , Medium Diffuse, 1 5166 0.9 56.26 + + ! - I MVOLT 40K 80 CRI MVOLT 4 OOOK 80CRI i 0.1 0.1! ■ ■ ! �0.2 r + + + + + + + + + + + + + - i i 0.2 0.3 0.6 3.5 5.1 5.5 5.6 5.6 5.6 5.5 5.1 4.8 5 1. 15. .6 �O, 0 3. S1E +0.1 +0.� +0.2 M i + + + + + + + + + + + + + + + + + + + i 0.2 0.3 0.5 5.9 5.8 5.7 5.9 6.2 6.1 5.9 5.6 5.5 6 4.9 5. 5 � .8 5 0 3 2 1 3 0.6 ; i I +0.1 +0.1 III III I +0.2 ! Max: 1830cd + + + + + + + + + + + + + + + ; 0.1 0.3 0.5 3.6 5.2 6.4 6.1 5.9 6.3 6.8 7.0 6.9 6.4 ❑ ❑ 6 .7 4 8 1 2 0.5 ; 1 oA1 0 DSX2 LED P2 40K 80CRI D-Series Size 2 Area Luminaire P2 1 23880 0.9 358.44 I T5M Performance Package 4000K CCT 80 CRI +0.1 +o.� ® +0.2 Type 5 Medium + + + + + + + + + + + + + + + + + + + + + + 1 0.1 0.3 0.6 .6 5. 6.3 6.1 6.1 6.8 7.2 7.4 .0 3 6. 6 .8 4 9 9 1 1 0.5 I ❑ OA2! I 1 • +0.1 +0.I 1 ® +0.2 1 @ 9 O ■ 1 4 + + + + + + + + + + + + + i I 0.2 0.3 0.6 3.5 5.0 5.8 5.9 6.2 .9 7.1 7.6 7.9 7.0 7.3 7 .1 4 9 .9 1.0 0. I D I +0.1 +0.1 I +0.2 ! Max; 13100cd + + 1 0.2 0.3 0.6 3.2 5.1 5.6 5.7 6.3 6.7 7.1 7.4 7.9 8.3 8.7 8.9 8.6 8.1 7.8 7.8 7 8 .8 5 2 2.9 1.0 0 5 I i � 1 I 3 DSX2 LED P2 40K 80CRI D-Series Size 2 Area Luminaire P2 1 19823 1 179.2228 T3M HS Performance Package 4000K CCT 80 CRI +01 +olz 1 ❑� D Q +02 Type 3 Medium Houseside Shield + + + + + + + + + + + + + + + 0.2 0.4 0.7 3.0 5.2 5.8 5.8 6.1 6.5 6.9 7.3 7.9 8.5 8.8 8.6 9.2 8.8 8.5 8.3 8 4 8 8 .9 3.5 1.2 0.6 A +0.2 +0,12 O +0.2 + + + + + + + + + + + + + + + + + + + + + + I ! 0.3 0.5 5.2 5.5 5.6 5. � .5 7.0 7.7 8.6 9.1 7.9 9.1 9.3 8. .4 8 � 7.2 5 3.5 .2 0.5E3 ' I I � � I ' Max; 16484cd I i +0.2 +0!3 II II ! +0.2 1'I I + + + + + + + + + + + + oA11 + + + + O + + + + + 10 DSX2 LED P2 40K 80CRI D-Series Size 2 Area Luminaire P2 1 17180 1 179.22 0.4 0.6 3. 1 5.5 5.3 5 2 .1 6.5 7.4 8.0 7.2 8.0 Al S.3 8.0 8.4 8.8 .9 8 7.1 .5 2.5 .2 0.5 BLC4 Performance Package 4000K CCT 80 CRI O 1 iCqj1 Type 4 Extreme Backlight Control i +0.2 +0Y4! O 1 i +0.2 I + + + + + + + + + + + + + + + + + + + + ; 1 0.5 0.7 5.4 6.0 5.4 4 9 .4 5.9 6.7 7.6 8.2 8.5 8.6 8.6 8.6 .7 .8 6.7 4.9 2.1 .1 0.6 1 I I ' I i +0.2 +q 4! 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Ten Mile Road Meridian, Idaho 83646 PREPARED BY: Meridian 860 Hampshire Road,Suite P Westlake Village,CA 91361 Consultants www.meridianconsultantsllc.com MAY 202 5 TABLE OF CONTENTS A. Executive Summary..........................................................................................................1 B. Project Description...........................................................................................................2 C. Existing Conditions...........................................................................................................5 D. Applicable Regulations.....................................................................................................8 E. Methodology....................................................................................................................9 F. Impact Analysis..............................................................................................................10 G. Certification...................................................................................................................18 Figure Page 1 Project Site Location ........................................................................................................3 2 Proposed Site Plan ...........................................................................................................4 3 Noise Monitoring Location................................................................................................6 4 Sensitive Receptor Map ....................................................... Error! Bookmark not defined. 5 Operational Noise Level Contour Map (Daytime) .............................................................14 6 Operational Noise Level Contour Map (Evening) ..............................................................15 7 Operational Noise Level Contour Map (Nighttime) ...........................................................16 8 Operational Noise Level Contour Map (24-hour CNEL).....................................................17 Table Page 1 Ambient Noise Measurements..........................................................................................5 2 Modeled Exterior Noise Levels From Restaurant Operational Sources..............................1 1 3 Modeled Exterior Noise Levels from Truck Deliveries .......................................................12 Appendices 1.0 Noise Monitoring Data Sheets 2.0 Sound PLAN Output Sheets Meridian Consultants i Operational Noise Study May2025 In-N-Out Burger Restaurant Project A. EXECUTIVE SUMMARY This Noise Study assesses and discusses the potential operational noise impacts that may occur with the In-N-Out Burger Restaurant Project(Project), located within the C-G Zone(General Retail& Service Commercial) in the City of Meridian, Idaho. The analysis describes the existing environment in the Project area; estimates future noise levels at surrounding land uses resulting from operation of the Project; and identifies the potential for significant impacts. The study summarizes the potential for the Project to conflict with applicable noise regulations, standards, or thresholds, and to identify any measures that may be necessary to reduce potentially significant impacts. 1 . Operational Noise The Project site is located within 300 feet of another drive-through facility directly to the north (i.e. Cafe Rio), and existing residences and a residential district directly to the west south of Costco (i.e. Olivia Apartments and Townhomes). Single-family residential uses and zoning also exist to the east across N.Ten Mile Road but are separated from the site by the 5-lane arterial street. Sources of noise generated by operation of the Project include parking activities from mobile vehicles, drive-through queuing, outdoor seating area and amplified speech from the speaker box. Additionally,deliveries are proposes to occur between the hours of 2:00 AM and 9:00 AM during non- business hours. Noise levels would not result in a 3 or 5 dBA increase above the measured daytime, evening, nighttime and 24-hour CNEL ambient during both operation and delivery activities. Meridian Consultants 1 Operational Noise Study May 2025 In-N-Out Burger Restaurant Project B. PROJECT DESCRIPTION The 95,860 square foot(2.2 acre) Project site is located at 5985 and 6037 N.Ten Mile Road in the City of Meridian (refer to Figure 1: Project Site Location). The property was annexed as part of a larger development area consisting of residential and commercial property zoned R-40 and C-G. The Project site is currently vacant and undeveloped. The Project would include construction of a 3,886 square foot In-N-Out Burger Restaurant with a drive-through lane. The restaurant would provide indoor seating with a capacity of 74 seats and outdoor seating with a capacity of 46 seats (12 tables). The drive-through would have a queueing capacity of 29 cars and parking spaces for up to 73 vehicles (refer to Figure 2: Proposed Site Plan). This restaurant will be equipped with three burger grills. Two grills will operate at all times, and activation of the third grill will be done in response to high dine-in or, more typically, high drive- through demand as activating the third grill significantly increases the speed at which drive-through orders are delivered to customer vehicles.Standard store operating procedure requires that as soon as the drive-through queue reaches the 81h or 9th car (where the menu board/order speaker is Located), In-N-Out associates are deployed outside to take orders using hand-held ordering tablets. The use of these tablets allows orders to funnel into the kitchen faster than ordering at the menu board resulting in the shortest possible drive-through vehicle queues. Awareness of the queue reaching the menu board (and deployment of associates with hand-held tablets) is enhanced with outdoor cameras and indoor monitors.There will be between 4 and 6 outdoor cameras on this site, with 3 or 4 of them specifically viewing the drive-through lane. These cameras display on multiple monitors located inside the restaurant including at the manager's office,above the grills,and at both the pay and pickup windows. There is no delivery dock or designated delivery parking bay required on the premises as deliveries are made only by In-N-Out owned operated vehicles, after the restaurant is closed to the public between the hours of 2:00 AM and 9:00 AM. Delivery trucks operate after hours to allow the parking and queue management to be at its most effective throughout the day. Allowing trucks to deliver after-hours ensures that truck traffic is not on the road during either morning or evening peak hours. Site access for these delivery trucks would be from N.Ten Mile Road and W. Lost Rapids and would unload at the service entrance located adjacent to parking stalls#1 through#11. The restaurant would operate seven days a week, from 10:30 AM to 1:00 AM Sunday through Thursday, and from 10:30 AM to 1:30 AM on Friday and Saturday.The restaurant, drive-through, and parking lot, as with all In-N-Out Burger restaurants, would be well-lit and meticulously maintained. The restaurant would be staffed by approximately 10 to 12 associates per shift,with 3 shifts per day. Meridian Consultants 2 Operational Noise Study May 2025 In-N-Out Burger Restaurant Project .� w SIIVP.0 F�Eb'�C St f' .. Sliver Rive Ln MF r' •' ^��ina+%rniriri��-.•:rim':'' •, •. � ' �rr•� m - ,�o. _ .� _� .:� ;� .� ;�; .I ��` - W`Everest(St 1 IBC �• i_J � f =E 5 - . . - �CM�L'Rf'fRf.x � h 1 � .J✓ZJ fLCfyr 7 C v� rt }ri rrr �r�; U,Ls N.' [S] iJ V•i .r - Uice. • * s +..1 ,a:'[ :• _I -- E'�-m _, SumiT. 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CEE I I ACCESSIBLE SIGNAGE R "} chi :.'1��•''�'' " °C'"' P . AND BOLLARD(3) 39 50 3 PAY :::j w 11 .ryry.II yy 3 I I '�.40 R-3 ® -� WINDOW L ;': '.1.�'.'J'.'•••• " "F• STONER 1 �''} :;}�{j, .'. qqry�I 16$'�: 35.5' 51 EI ANCE - 29' 39 5 ACCESSIBLE 4 �awN I 52 PARKING DECORAT VE IN4FOIlT } 1. R .. o.1 o SYMBOL BOLLARD(12) ._WIMP, rz 15' .'1 17'38 28' :j N 2554.89 CP I 25 MIN. s3 9' 28' ®5 3,886 SF 1 �„� (f,J .':�:f: (CLASSIC) 2 0 ::'�"•t Ir.I.' W II,� :�'�:' 37 I 2s MIN. LO{. II I 54 6 7 II I 36 73 BLACK C C. ss^ m f J 7 0 3 :!.] 1. 3 I �} o,PzS V IJ V Il Uw �_r- a � :':::j '��'•'• U o :.}: 56 w 34 U I I57 •� '' '�' YELP TO BIKE SIGN 16' 33 9 m 4 ":I.'' ......' "Y Woo IP PP 3" PROPOSED 1,295 S.F.(ROH - - " ,.,:..} RISERS W AN TRANSF. 14' 59 COVER TALL ATTACHED P 32 COVERED PATIO STRUCTURE YY o3ao LP {: 31 AT 5 ;!{•.•�'�..... SL SLP 53236C o$ 30 � I _ _ _ _ _ 60 _ _ _ _ _ 1. 12 12' �3z R=3' R=3' 3' 5� "s TE roe — Fw o¢a I I a7' I - 6 I 1. REAREA U °..� BLA L J 97' o,_, .: f1(j{ ,•�, II 52' 45' 21 31 o b� CONIC. m �`' :::'.:{?•••.�••.'.'.'.'4 5. 10. II Lac DIE' � ._. ::�:;�•.'... ... OFN 3 1o' 10' 2 63 64 65 6 67 u°Q� i =2'.. '^ 1'_.: ....{. I 3m {{{.�.'.' EX.6"CONIC. �I TYP. .'I::::::::.:::::. :..!...:..{.•".'!' ICURB A D 18" `;:q:::' 19'29 28 ::9;:{.`: .'9:4":: 28' 14 7' :I;:!''.:''::;:' ':':, RUC•a GUTTERN 25 MIN. 25 MIN. I 1 L 1 1 I 73 72 71 70 6 68 1 'I'"";�:':';.; 128' } 1J r'yI J w 28 MENU BOARD ':I::':.:;: }j{ '••'.r."'. ; �m I I IT AND SPEAKER 12' I I I 27 rcl al ¢I rcl n �..: 1....r.�..l. " RI A ST I z_ 16 ETE TURN RIG T SI N 10 I I 26 I �I rc N A.C.PAVEMENTf = R-4 25 24 23 22 20 19 18 R:25 11 wLB b 'I _ 9' N '.F.•1l• � I Z II ^7 O ry Q,Q Y I CS 3 8 72' I 13 •:f:'•'.I. 47.5' I 8 4 •, e KE 20 16 pp {z 15 GRADING 9 9 w q y 1I LIMIT .DRADW R-20 25 23 2 D 19 17 INDS y( I1 L1M1T GRAD M NT SIGN + 15 = ............ 1 I'' 555.I3 S � �OP I N 10 1p, .... INOQ$:'' EOGF s"*"r W A .. ....... �•. s'.i-4 is '-'-r. .�ri Rq O 5 S S MJ P I]=OB C"---��. .. ..LIIWFI'. ..'..'.'.'.@AbYN.'.'.'.'.. T P MP N89 1 W CONIC SID WALK 10082 m a TSP �m :a sa"8a Bs �4:: � I � sL CURB W. LOST RAPIDS �� AND i6"GUTTER (PUBLIC STREET, DRIVE _�� o REG W I 15 30 60 j)A0 PPROXIMATE SCALE IN FEET SOURCE: MSL Engineering—2025 FIGURE 2 Meridian Proposed Site Plan Consultants 121-019-25 C. EXISTING CONDITIONS 1 . Ambient Noise Levels Long-term sound monitoring was conducted within the Project site to measure the ambient sound environment in the vicinity. Measurements were taken over 24-hour period between April 29—April 30, 2025, and provided in Table 1: Ambient Noise Measurements. Figure 3: Noise Monitoring Location depicts locations where the long-term ambient noise measurements were conducted. As shown in Table 1, ambient noise level averages were 67.0 dBA during the daytime period (7:00 AM— 7:00 PM),71.9 dBA duringthe evening period (7:00 PM—10:00 PM)and 67.3 dBA duringthe nighttime period (10:00 PM—7:00 AM).Additionally, 24-hour CNEL averages were 67.5 dBA CNEL. TABLE 1: AMBIENT NOISE MEASUREMENTS Location Daytime Evening Nighttime 24-hour CNEL Project site 67.0 dBA 71.9 dBA 67.3 dBA 67.5 dBA Notes:dBA=A-weighted decibels;Leq=average equivalent sound level. Source:Refer to Appendix 1.0:Noise Monitoring Data Sheets. 2. Sensitive Land Uses As mentioned previously,the property was annexed as part of a larger development area consisting of residential and commercial property zoned R-40 and C-G. The Project site is within 300 feet of another drive-through facility directly to the north (i.e. Cafe Rio), and existing residences and a residential district directly to the west(i.e. Olivia Apartments and Townhomes, zoned R-40). Single- family residential uses and zoning also exist to the east across N.Ten Mile Road, but are separated from the site by a 5-lane arterial street(refer to Figure 4:Sensitive Receptor Map). For purposes of this analysis,the following sensitive receptors were identified: • Receptor#1 (R1):Olivia Apartments and Townhomes(5985 N.Ten Mile Road). • Receptor#2(R2):Olivia Apartments and Townhomes(located adjacent to the west). • Receptor#3(R3): Residential uses located on the corner of N.Ten Mile Road and W. Lost Rapids Drive(3150 W. Lost Rapids Drive). • Receptor#4(R4): Residential uses located along N.Ten Mile adjacent to the east(6040 N.Ten Mile Road). • Receptor#5(R5): Residential uses located along N. Fairborn Avenue(5872 N. Fairborn Avenue). • Receptor#6(R6):The Church of Jesus Christ of Latter-day Saints(5855 N.Ten Mile Road). Meridian Consultants 5 Operational Noise Study May 2025 In-N-Out Burger Restaurant Project r t- ��ti ► , r + • k�. it R�1 a ) I iC Q Noise Monitor Project Site 0 25 50 100 r N �r. APPROXIMATE SCALE IN FEET SOURCE: Google Earth-2025 FIGURE 3 Merldian Noise Monitoring Location Consultants 121-016-25 s[ R1 Olivia Apartments and Townhomes x (5985 N. Ten Mile Road) R2 Olivia Apartments and Townhomes R3 Residential (3150 W. Lost Rapids Drive) R4 Residential (6040 N. Ten Mile Road) R5 Residential (5872 N. Fairborn Avenue) Q R6 The Church of Jesus Christ of Latter-day J - R4 i Saints (5855 N. Ten Mile Road) ri' �' +• - ` r .!• f L. .f• � [ ,,,r .� + `- ••fir I R.1 e7z m�11 r r a 0� - 4w R5 Legend , Project Site 0 75 150 200 APPROXIMATE SCALE IN FEET n SOURCE: Google Earth—2025 FIGURE 4 Meridian Sensitive Receptor Map C rxi.sullrants 121-019-25 D. APPLICABLE REGULATIONS 1 . City of Meridian The City of Meridian addresses noise disturbances under Title 6, Chapter 3 of its Municipal Code. Key provisions include: • Quiet Hours: Noise is prohibited between 11:00 PM and 6:00 AM. • Public Disturbance Noises: Certain sounds are considered public disturbances if they unreasonably interfere with the peace and comfort of others.These include o Frequent or continuous sounding of horns or sirens, except as a warning of danger. o Repetitive motor vehicle sounds in residential areas. o Yelling, shouting, or singing on public streets that disturb nearby residents. o Loud sounds emanating from buildings, such as music or social gatherings. o Motor vehicle sound systems audible beyond 50 feet. o Audio equipment operated at volumes audible beyond 60 feet or that disturb others. • Exemptions: Certain sounds are exempt, including those from emergency vehicles, authorized public events, and specific equipment used within zoning regulations. • Enforcement:Violations are classified as misdemeanors. Meridian Consultants 8 Operational Noise Study May 2025 In-N-Out Burger Restaurant Project E. METHODOLOGY 1 . Ambient Noise Measurements Noise-level monitoring was conducted between April 29—April 30,2025 at the Project site,as shown in Figure 3.Ambient noise levels were measured over a 24-hour period to assess baseline acoustic conditions at the site and evaluate the potential impact of new noise sources. Specifically, the analysis aimed to determine whether any future changes could result in increases of 3 dBA or 5 dBA, which are standard thresholds for perceptible and potentially significant noise increases. 2. Operational Noise Operational noise levels related to the drive-through, parking, and amplified speech emanating from the speaker were calculated with the noise model SoundPLAN, a commercially available software that produces computer simulations of noise propagation from sources.The SoundPLAN modeling software accounts for large differences in topography, and the presence of intervening structures or landscaping that would block a direct line of sight between operation activities from the proposed Project Site and nearby sensitive receptors. The operational noise levels were calculated for sensitive-receptor locations using SoundPLAN. It was assumed operating hours would take place between 10:00 AM and 1:30 AM.The SoundPLAN model includes real-world noise Levels and contains noise data in a reference library.To quantify events related to the noise sources generated by the proposed use,the following assumptions were used: • Cars entering and exiting the parking lot and queuing of 29 cars at the drive through, a line source was modeled with a sound power levell (LwA) of 47 dB/m, m2, as referenced in the SoundPLAN noise library for cars driving on asphalt at less than 30 kilometers per hour (18.6 miles per hour); • The menu board and speaker, a point source was modeled with a LwA of 65 dB, as referenced in the SoundPLAN noise library for speaking, normal voice; and • The outdoor seating area, an area source was modeled with a LwA of 65 dB, as referenced in the SoundPLAN noise library for speaking, normal voice. • Truck deliveries at any point between the hours of 2:00 AM and 9:00 AM, a line source was modeled with a LwA of 80 dB, as referenced in the SoundPLAN noise library for truck loading general cargo It is important to note the trash compactor would be positioned behind a wall enclosure. Because of its placement, noise generated by the trash compactor will be attenuated by the wall. 1 The Sound Power Level represents the total sound energy produced by the source under the specified operating conditions.Sound Power Levels cannot be measured directly;instead they are computed from reference sound pressure level measurements. Meridian Consultants 9 Operational Noise Study May 2025 In-N-Out Burger Restaurant Project F. IMPACT ANALYSIS The City of Meridian does not specify a quantitative noise threshold or land use compatibility standard in its municipal code. Therefore, for the purpose of this technical analysis, the following threshold of significance is applied based on guidance from the Federal Interagency Committee on Noise (FICON), the Federal Transit Administration (FTA), and general industry standards for community noise. A Project would result in a significant noise impact if the operational noise associated with the proposed use would: • Result in a substantial permanent increase in ambient noise levels at nearby sensitive receptors (e.g., residences, schools)of 5 dBA CNEL or more,where the existing ambient noise level is less than 60 dBA CNEL; • Result in an increase of 3 dBA CNEL or more where existing ambient noise levels are 60 dBA CNEL or greater; or • Exceed a cumulative ambient noise level of 65 dBA CNEL at residential property lines, which represents a generally accepted upper threshold for "normally acceptable" noise exposure for residential uses under Housing and Urban Development(HUD) These thresholds reflect changes in noise that are generally perceptible to the human ear and have the potential to result in community annoyance or interference with speech and sleep. Where applicable, these thresholds are compared against measured ambient conditions to assess potential impacts from project-related noise. 1 . Operation Impacts (a) Restaurant Noise As mentioned previously, sources of operational noise include parking activities from mobile vehicles, drive-through queuing for a capacity of 29 vehicles, outdoor seating area and amplified speech from the speaker box. Source contributed noise levels throughout the daytime, evening, nighttime and 24-hour CNEL periods from operation of the proposed project are shown in Table 2: Modeled Exterior Noise Levels from Restaurant Operational Sources. For illustrative purposes, noise levels generated from the Proposed Project to the adjacent sensitive receptors are shown graphically in Figure 5: Operational Noise Level Contour Map(Daytime),Figure 6:Operational Noise Level Contour Map (Evening), Figure 7: Operational Noise Level Contour Map(Nighttime)and Figure 8: Operational Noise Level Contour Map (24-hour CNEL). Sensitive receptors shown graphically include the residential district directly to the west(i.e. Olivia Apartments and Townhomes, zoned R-40) and the single-family residential uses and zoning to the east across N.Ten Mile Road Meridian Consultants 10 Operational Noise Study May 2025 In-N-Out Burger Restaurant Project Table 2 compares the modeled exterior noise levels from Project-related noise sources that operate on a daily basis to the ambient noise measurements provided in Table 1 above. As shown in Table 2, modeled daytime noise levels generated from the Project site would range from a low of 28.9 dBA at the residential uses along N. Fairborn Avenue (R5) to a high of 38.7 dBA at the Olive Apartments and Townhomes (R2). Evening noise levels would range from a low of 30.4 dBA(R5)to a high of 40.2 dBA(R2). Nighttime noise levels would range from a low of 26.3 dBA(R5)to a high of 36.1 dBA(R2). Additionally, 24-hour CNEL noise levels would range from a low of 33.8 dBA CNEL (R5) to a high of 43.7 dBA CNEL(R2). Noise levels generated from the Project would not result in a 3 or 5 dBA increase at the adjacent sensitive receptors above the daytime, evening, nighttime or 24-hour CNEL measured baseline Levels identified in Table 1. As such, operational noise level impacts would not be considered significant. SOURCESTABLE 2: MODELED EXTERIOR NOISE LEVELS FROM RESTAURANT OPERATIONAL ModeledMonitoring Site Time Period Daytime 35.5 67.0 -- Evening 37.0 71.9 -- R1(Olivia Apartments and Townhomes,5985 N.Ten Mile Road) Nighttime 32.9 67.3 -- 24-hour 40.4 67.5 -- CNEL Daytime 38.7 67.0 -- Evening 40.2 71.9 -- R2(Olivia Apartments and Townhomes,adjacent to the west) Nighttime 36.1 67.3 -- 24-hour 43.7 67.5 -- CNEL Daytime 33.8 67.0 -- Evening 35.3 71.9 -- R3(3150 W.Lost Rapids Drive) Nighttime 31.2 67.3 -- 24-hour 38.8 67.5 -- CNEL Daytime 31.7 67.0 -- Evening 33.2 71.9 -- R4(6050 N.Ten Mile Road) Nighttime 29.1 67.3 -- 24-hour 36.6 67.5 -- CNEL Daytime 28.9 67.0 -- R5(5872 N.Fairborn Avenue) Evening 30.4 71.9 -- Nighttime 26.3 67.3 -- Meridian Consultants 1 1 Operational Noise Study May 2025 In-N-Out Burger Restaurant Project SOURCESTABLE 2: MODELED EXTERIOR NOISE LEVELS FROM RESTAURANT OPERATIONAL ModeledMonitoring Site Time Period 24-hour 33.8 67.5 -- CNEL Daytime 29.0 67.0 -- Evening 30.5 71.9 -- R6(5855 N.Ten Mile Road) Nighttime 26.4 67.3 -- 24-hour 33.9 67.5 -- CNEL Note:Daytime:7:00 AM-7:00 PM;Evening:7:00 PM-10:00 PM;Nighttime:10:00 PM-7:00 AM. Source:Refer to Appendix 2.0 for Sound PLAN Output Sheets. W Truck Deliveries As mentioned previously, truck deliveries would take place no more than once daily between the hours of 2:00 AM to 9:00 AM lasting less than an hour. Site access for these delivery trucks would be from W. Lost Rapids Drive and would unload at the service entrance located adjacent to parking stalls#1 through#11. Table 3: Modeled Exterior Noise Levels from Truck Deliveries, compares the modeled exterior noise levels from truck deliveries that operate on a daily basis to the ambient noise measurements provided in Table 1 above. As shown in Table 3, modeled daytime noise levels would range from a low of 15.0 dBA at the residential use along N. Ten Mile Road (R4)to a high of 31.8 dBA at the Olivia Apartments and Townhomes(R1). Nighttime noise levels would range from a low of 18.7 dBA(R4)to a high of 37.1 dBA(R1).Additionally, 24-hour CNEL noise levels would range from a low of 24.6 dBA CNEL (R4) to a high of 43.0 dBA CNEL at the Olivia Apartments and Townhomes (R1 and R2). Truck deliveries would not take place during the evening period. Noise levels generated from the Project would not result in a 3 or 5 dBA increase at the adjacent sensitive receptors above the daytime, evening, nighttime or 24-hour CNEL measured baseline levels identified in Table 1. As such, impacts from truck deliveries would not be considered significant. Meridian Consultants 12 Operational Noise Study May 2025 In-N-Out Burger Restaurant Project MODELEDTABLE 3: •R NOISE LEVELS FROM ModeledMonitoring Site Time Period Levels Levels Ambient Daytime 31.8 67.0 -- Evening -- 71.9 -- R1(Olivia Apartments and Townhomes,5985 N.Ten Mile Road) Nighttime 37.1 67.3 -- 24-hour 43.0 67.5 -- CNEL Daytime 31.4 67.0 -- Evening -- 71.9 -- R2(Olivia Apartments and Townhomes,adjacent to the west) Nighttime 37.0 67.3 -- 24-hour 43.0 67.5 -- CNEL Daytime 16.1 67.0 -- Evening -- 71.9 -- R3(3150 W.Lost Rapids Drive) Nighttime 21.3 67.3 -- 24-hour 27.3 67.5 -- CNEL Daytime 13.5 67.0 -- Evening -- 71.9 -- R4(6050 N.Ten Mile Road) Nighttime 18.7 67.3 -- 24-hour 24.6 67.5 -- CNEL Daytime 16.1 67.0 -- Evening -- 71.9 -- R5(5872 N.Fairborn Avenue) Nighttime 21.3 67.3 -- 24-hour 27.2 67.5 -- CNEL Daytime 15.0 67.0 -- Evening -- 71.9 -- R6(5855 N.Ten Mile Road) Nighttime 20.2 67.3 -- 24-hour 26.2 67.5 -- CNEL Note:Note:Daytime:7:00 AM-7:00 PM;Evening:7:00 PM-10:00 PM;Nighttime:10:00 PM-7:00 AM. Deliveries would not occur during the evening period of 7:00 PM-10:00 PM Source:Ref erto Appendix 2.0for Sou ndPLAN Outp ut Sheets. Meridian Consultants 13 Operational Noise Study May 2025 In-N-Out Burger Restaurant Project �'l•�.1IPc,reb lit 11108r rl Noise level Leq,d 4-*4�P o r- m, �(I� r�l6111G�t r 75 80 it j � 35 Y � 60 - 65 t 55 = 60 30 50 SS 45 - SO 40 - 45 35 - 40 fe �. I* 35 I 30 - 35 y � w <= 30 35 �• tea.. + - * 30 � :4 35 rq, � A — Tr r, ■ 30 A Ilk 0 45 90 180 270 360 N feet 3vf I� SOURCE: Meridian—2025 FIGURE 5 W)erigian Operational Noise Level Contour Map (Daytime) (on.sillrants 121-019-25 ,14F1! uric"�11�1�lpt�r r� rfi 1 Im #�� Noise level Le � e� R R ,. •�r �" y ■1'�. in d B(A) .■ ,. 80 1. •r 4. I�� f �� F =1�i�� !� dr . ,.; -. ,..:: •• '� - 75 - 80 WT 65 70 35 jt 55 - 60 ! R 50 - 55 45 - 50 S 35 40 - 45 35 - 40 �� av • �� .ti�, 30 - 35 i <= 30 35 . 35 Zer 0 �. r, ■ s - � � I u ` 0 45 90 180 270 36f — N feet F- SOURCE: Meridian—2025 FIGURE 6 Meridian Operational Noise Level Contour Map (Evening) Cons ill rant s 121-019-25 11 �E�r�bll�glpt�C re r q�F�$F iilj@fet�lB � .- Noise level F; I'r �ltlf�cp q ae K •�,• r in dB(A) o - r �� ;' ■ > 80 Ida1 iFli�lell�l� � r - 75 - 80 E ;.. 9 e 60 — 65 t 55 — 60 S0 — 55 F 45 — 50 40 — 45 r 35 — 40 35 o w 35dL n. • =: 30 r �_Ott % 77 } y - 0 45 90 180 270 360 N IIIIII feet SOURCE: Meridian-2025 FIGURE 7 W)erigian Operational Noise Level Contour Map (Nighttime) (on.sillrants 121-019-25 ,l4F=!! Csl�e its 11106r t ri�� 1 _£ 111 r e !B d .�.•- Noise level r � � V!11 ?1� c 24-hour CNEL t•• r riller ■ty+ 'r`; R ! '"t in dB(A) c 1IfFr ! lelllr r ``� '! > 80 35 s� *� ,....r•... �� 75 — 80 ■ 65 — 70 - 60 — 65 ► 55 — 60 35 •� ' 50 — 55 30 45 — 50 sy rp 'u 60 35 40 30 — 35 sw 35 1 <= 30 1 y35 0. t.' er 35 * F " L A ` 0 45 90 180 270 360 feet 30 SOURCE: Meridian—2025 FIGURE 8 Meridian Operational Noise Level Contour Map (24-hour CNEL) C 0awiltrants 121-019-25 G. CERTIFICATION The contents of this noise study represent an accurate depiction of the noise environment and impacts associated with the proposed In-N-Out Burger Restaurant Project. The information contained in this noise study is based on the best available information at the time of preparation. If you have any questions, please contact me directly at(818)415-7274. Sincerely, Christ K rikian, INCE Partner I Director of Air Quality&Acoustics ckirikian@meridianconsultantsllc.com Meridian Consultants 18 Operational Noise Study May 2025 In-N-Out Burger Restaurant Project APPENDIX 1 Noise Monitoring Data Spreadsheets Monitoring Location: Site A Date:April 29-30,2025 Evening/Night Monitoring Monitored Logarithmic Adjustments Period Leq Equivalent 10 dB 5 dB Midnight 0/24 54.5 278853 2788531 881811 Leq Morning Peak Hour 7:00-10:00 a.m. am 1:00 100 46.9 48879 488786 154568 1 65.6 JdBA 2:00 200 47.0 50030 500299 158208 3:00 300 56.1 408811 4088114 1292775 Leq Evening Peak Hour 4:00-8:00 p.m. 4:00 400 53.3 215303 2153033 680849 1 66.6 dBA 5:00 500 58.9 773072 7730715 2444667 6:00 600 63.1 2025180 20251802 6404182 7:00 700 65.1 3259473 32594731 10307359 8:00 800 66.2 4184042 41840421 13231103 9:00 900 65.3 3373948 33739481 10669361 Leq Daytime 7:00 am-7:00 p.m. Leq Evening 7:00 pm-10:00 p.m. Leq Nighttime 10:00 pm-7:00 a.m. 10:00 1000 65.4 3506548 35065476 11088677 1 67.0 1 1 71. 1 67.3 dBA 11:00 1100 70.5 11296187 112961874 35721681 12:00 1200 65.5 3586013 35860132 11339969 Leq 24-Hour Pm 1:00 1300 65.7 3716230 37162300 11751751 1 64.9 JdBA 2:00 1400 69.2 8309957 83099575 26278393 3:00 1500 66.8 4739693 47396926 14988224 Ldn: 10 dB adjustment between 10:00 p.m. &7:00 a.m. 4:00 1600 67.0 4978597 49785970 15743706 66.9 dBA 5:00 1700 67.1 5104251 51042515 16141060 6:00 1800 66.6 4531425 45314251 14329624 CNEL: 5 dB adjustment between 7:00p.m. &10:00 p.m.,&10 dB 7:00 1900 65.4 3475818 34758177 10991501 67.5 dBA adjustment between 10:00 p.m. &7:00 a.m. 8:00 2000 64.2 2639660 26396599 8347338 9:00 2100 62.9 1927799 19277992 6096236 10:00 2200 58.2 656471 6564712 2075944 Difference between CNEL and Ldn pm 11:00 2300 56.0 399578 3995777 1263576 CNEL-Ldn 0.60095095 APPENDIX / SoundPLAN Output Sheets INOB Meridian 9 Contribution level - Operational Noise Source Source group Source type Ldn Leq,d Leq,e Leq,n dB(A) dB(A) dB(A) dB(A) Receiver Site 1 FI G Ldn 39.8 dB(A) Leq,d 34.9 dB(A) Leq,e 36.4 dB(A) Leq,n 32.3 dB(A) Drive Thru 1 Default industrial noise Line 25.2 20.3 21.8 17.7 Drive-Thru 2 Default industrial noise Line 25.4 20.4 21.9 17.8 Menu Board and Speaker Default industrial noise Point 18.9 14.0 15.5 11.4 Parking Lot Activity Default industrial noise Line 29.6 24.7 26.2 22.1 Table 1 Default industrial noise Point 28.8 23.8 25.3 21.2 Table 2 Default industrial noise Point 29.0 24.0 25.5 21.4 Table 3 Default industrial noise Point 27.9 23.0 24.5 20.4 Table 4 Default industrial noise Point 28.2 23.2 24.7 20.6 Table 5 Default industrial noise Point 28.7 23.7 25.2 21.1 Table 6 Default industrial noise Point 29.0 24.0 25.5 21.4 Table 7 Default industrial noise Point 29.0 24.1 25.6 21.5 Table 8 Default industrial noise Point 28.6 23.7 25.2 21.1 Table 9 Default industrial noise Point 28.6 23.7 25.2 21.1 Table 10 Default industrial noise Point 28.3 23.3 24.8 20.7 Table 11 Default industrial noise Point 28.3 23.3 24.8 20.7 Receiver Site 1 FI F2 Ldn 40.4 dB(A) Leq,d 35.5 dB(A) Leq,e 37.0 dB(A) Leq,n 32.9 dB(A) Drive Thru 1 Default industrial noise Line 25.4 20.4 21.9 17.8 Drive-Thru 2 Default industrial noise Line 25.4 20.5 22.0 17.9 Menu Board and Speaker Default industrial noise Point 19.7 14.7 16.2 12.1 Parking Lot Activity Default industrial noise Line 29.6 24.7 26.2 22.1 Table 1 Default industrial noise Point 29.3 24.4 25.9 21.8 Table 2 Default industrial noise Point 29.6 24.6 26.1 22.0 Table 3 Default industrial noise Point 28.6 23.7 25.2 21.1 Table 4 Default industrial noise Point 28.9 23.9 25.4 21.3 Table 5 Default industrial noise Point 29.4 24.5 26.0 21.9 Table 6 Default industrial noise Point 29.7 24.8 26.3 22.2 Table 7 Default industrial noise Point 29.8 24.8 26.3 22.2 Table 8 Default industrial noise Point 29.3 24.4 25.9 21.8 Table 9 Default industrial noise Point 29.4 24.5 26.0 21.8 Table 10 Default industrial noise Point 29.0 24.1 25.6 21.5 Table 11 Default industrial noise Point 29.0 24.0 25.5 21.4 Receiver Site 2 FI G Ldn 42.8 dB(A) Leq,d 37.9 dB(A) Leq,e 39.4 dB(A) Leq,n 35.3 dB(A) Drive Thru 1 Default industrial noise Line 24.1 19.1 20.6 16.5 Drive-Thru 2 Default industrial noise Line 21.2 16.3 17.8 13.7 Menu Board and Speaker Default industrial noise Point 18.4 13.5 15.0 10.9 Parking Lot Activity Default industrial noise Line 33.0 28.1 29.6 25.5 Table 1 Default industrial noise Point 32.7 27.8 29.3 25.2 Table 2 Default industrial noise Point 32.9 28.0 29.5 25.4 Table 3 Default industrial noise Point 33.7 28.7 30.2 26.1 Table 4 Default industrial noise Point 31.3 26.4 27.9 23.8 Table 5 Default industrial noise Point 31.5 26.5 28.0 23.9 Table 6 Default industrial noise Point 31.7 26.7 28.2 24.1 Table 7 Default industrial noise Point 31.4 26.5 28.0 23.9 Meridian Consultants LLC 860 Hampshire Road, Suite P Westlake Village CA 91361 1 SoundPLAN 9.1 INOB Meridian 9 Contribution level - Operational Noise Source Source group Source type Ldn Leq,d Leq,e Leq,n dB(A) dB(A) dB(A) dB(A) Table 8 Default industrial noise Point 30.8 25.8 27.3 23.2 Table 9 Default industrial noise Point 31.1 26.2 27.7 23.6 Table 10 Default industrial noise Point 30.8 25.9 27.4 23.3 Table 11 Default industrial noise Point 30.5 25.6 27.1 23.0 Receiver Site 2 FI F2 Ldn 43.7 dB(A) Leq,d 38.7 dB(A) Leq,e 40.2 dB(A) Leq,n 36.1 dB(A) Drive Thru 1 Default industrial noise Line 24.1 19.2 20.7 16.6 Drive-Thru 2 Default industrial noise Line 21.3 16.4 17.9 13.8 Menu Board and Speaker Default industrial noise Point 19.1 14.2 15.7 11.6 Parking Lot Activity Default industrial noise Line 33.0 28.1 29.6 25.5 Table 1 Default industrial noise Point 33.6 28.7 30.2 26.1 Table 2 Default industrial noise Point 33.8 28.9 30.4 26.3 Table 3 Default industrial noise Point 34.7 29.7 31.2 27.1 Table 4 Default industrial noise Point 32.3 27.4 28.9 24.8 Table 5 Default industrial noise Point 32.5 27.6 29.1 25.0 Table 6 Default industrial noise Point 32.7 27.8 29.3 25.2 Table 7 Default industrial noise Point 32.4 27.5 29.0 24.9 Table 8 Default industrial noise Point 31.7 26.8 28.3 24.2 Table 9 Default industrial noise Point 32.1 27.2 28.7 24.6 Table 10 Default industrial noise Point 31.8 26.8 28.3 24.2 Table 11 Default industrial noise Point 31.4 26.5 28.0 23.9 Receiver Site 3: West Lost Rapids Drive 3150 FI G Ldn 38.8 dB(A) Leq,d 33.8 dB(A) Leq,e 35.3 dB(A) Leq,n 31.2 1 Drive Thru 1 Default industrial noise Line 24.1 19.1 20.6 16.5 Drive-Thru 2 Default industrial noise Line 20.2 15.3 16.7 12.6 Menu Board and Speaker Default industrial noise Point 20.9 16.0 17.5 13.4 Parking Lot Activity Default industrial noise Line 24.0 19.0 20.5 16.4 Table 1 Default industrial noise Point 6.2 1.2 2.7 -1.4 Table 2 Default industrial noise Point 6.3 1.4 2.9 -1.2 Table 3 Default industrial noise Point 26.6 21.6 23.1 19.0 Table 4 Default industrial noise Point 26.7 21.8 23.3 19.2 Table 5 Default industrial noise Point 29.3 24.3 25.8 21.7 Table 6 Default industrial noise Point 29.2 24.2 25.7 21.6 Table 7 Default industrial noise Point 29.3 24.4 25.9 21.8 Table 8 Default industrial noise Point 27.6 22.7 24.2 20.1 Table 9 Default industrial noise Point 29.4 24.5 26.0 21.9 Table 10 Default industrial noise Point 29.6 24.6 26.1 22.0 Table 11 Default industrial noise Point 29.8 24.8 26.3 22.2 Receiver Site 4: North Ten Mile Road 6040 FI G Ldn 36.6 dB(A) Leq,d 31.7 dB(A) Leq,e 33.2 dB(A) Leq,n 29.1 dB( Drive Thru 1 Default industrial noise Line 25.1 20.1 21.6 17.5 Drive-Thru 2 Default industrial noise Line 15.8 10.9 12.4 8.3 Menu Board and Speaker Default industrial noise Point 17.2 12.3 13.8 9.7 Parking Lot Activity Default industrial noise Line 22.0 17.0 18.5 14.4 Table 1 Default industrial noise Point 11.6 6.6 8.1 4.0 Table 2 Default industrial noise Point 9.6 4.7 6.2 2.1 Table 3 Default industrial noise Point 9.6 4.6 6.1 2.0 Meridian Consultants LLC 860 Hampshire Road, Suite P Westlake Village CA 91361 2 SoundPLAN 9.1 INOB Meridian 9 Contribution level - Operational Noise Source Source group Source type Ldn Leq,d Leq,e Leq,n dB(A) dB(A) dB(A) dB(A) Table 4 Default industrial noise Point 11.9 7.0 8.4 4.3 Table 5 Default industrial noise Point 23.0 18.0 19.5 15.4 Table 6 Default industrial noise Point 27.6 22.7 24.2 20.1 Table 7 Default industrial noise Point 27.7 22.7 24.2 20.1 Table 8 Default industrial noise Point 28.0 23.1 24.6 20.5 Table 9 Default industrial noise Point 27.9 23.0 24.5 20.4 Table 10 Default industrial noise Point 28.3 23.3 24.8 20.7 Table 11 Default industrial noise Point 28.4 23.4 24.9 20.8 Receiver Site 5: North Fairborn Avenue 5872 FI G Ldn 33.8 dB(A) Leq,d 28.9 dB(A) Leq,e 30.4 dB(A) Leq,n 26.3 d Drive Thru 1 Default industrial noise Line 18.6 13.7 15.2 11.1 Drive-Thru 2 Default industrial noise Line 17.4 12.4 13.9 9.8 Menu Board and Speaker Default industrial noise Point 13.7 8.8 10.3 6.2 Parking Lot Activity Default industrial noise Line 21.3 16.4 17.9 13.8 Table 1 Default industrial noise Point 23.6 18.7 20.2 16.1 Table 2 Default industrial noise Point 23.8 18.8 20.3 16.2 Table 3 Default industrial noise Point 22.2 17.3 18.8 14.7 Table 4 Default industrial noise Point 22.3 17.4 18.9 14.8 Table 5 Default industrial noise Point 22.7 17.7 19.2 15.1 Table 6 Default industrial noise Point 22.8 17.9 19.4 15.3 Table 7 Default industrial noise Point 22.9 17.9 19.4 15.3 Table 8 Default industrial noise Point 22.7 17.8 19.3 15.2 Table 9 Default industrial noise Point 22.7 17.8 19.3 15.2 Table 10 Default industrial noise Point 22.5 17.6 19.1 15.0 Table 11 Default industrial noise Point 22.6 17.6 19.1 15.0 Receiver Site 6: The Church of Jesus Christ of Latter-day Saints FI G Ldn 33.9 dB(A) Leq,d 29.0 dB(A) Leq,e 30.5 d Drive Thru 1 Default industrial noise Line 19.4 14.5 16.0 11.9 Drive-Thru 2 Default industrial noise Line 18.0 13.1 14.6 10.5 Menu Board and Speaker Default industrial noise Point 14.9 10.0 11.5 7.4 Parking Lot Activity Default industrial noise Line 21.1 16.2 17.7 13.6 Table 1 Default industrial noise Point 22.3 17.4 18.9 14.8 Table 2 Default industrial noise Point 21.0 16.0 17.5 13.4 Table 3 Default industrial noise Point 23.6 18.7 20.2 16.1 Table 4 Default industrial noise Point 23.8 18.8 20.3 16.2 Table 5 Default industrial noise Point 22.5 17.6 19.1 14.9 Table 6 Default industrial noise Point 22.6 17.7 19.2 15.1 Table 7 Default industrial noise Point 22.8 17.8 19.3 15.2 Table 8 Default industrial noise Point 22.8 17.8 19.3 15.2 Table 9 Default industrial noise Point 22.6 17.7 19.2 15.1 Table 10 Default industrial noise Point 22.5 17.6 19.0 14.9 Table 11 Default industrial noise Point 24.8 19.8 21.3 17.2 Meridian Consultants LLC 860 Hampshire Road, Suite P Westlake Village CA 91361 3 SoundPLAN 9.1 INOB Meridian 9 Contribution level - Truck Deliveries Source Source group Source type Ldn Leq,d Leq,e Leq,n dB(A) dB(A) dB(A) dB(A) Receiver Site 1 FI G Ldn 43.0 dB(A) Leq,d 31.8 dB(A) Leq,e dB(A) Leq,n 37.1 dB(A) Truck Delivery Default industrial noise ILine 1 43.01 31.8 1 1 37.1 Receiver Site 1 FI F2 Ldn 42.5 dB(A) Leq,d 31.3 dB(A) Leq,e dB(A) Leq,n 36.6 dB(A) Truck Delivery Default industrial noise ILine 1 42.5 1 31.3 1 36.6 Receiver Site 2 FI G Ldn 43.0 dB(A) Leq,d 31.8 dB(A) Leq,e dB(A) Leq,n 37.0 dB(A) Truck Delivery Default industrial noise ILine 1 43.0 1 31.8 1 1 37.0 Receiver Site 2 FI F2 Ldn 42.5 dB(A) Leq,d 31.3 dB(A) Leq,e dB(A) Leq,n 36.6 dB(A) Truck Delivery Default industrial noise Line 42.5 31.3 36.6 Receiver Site 3: West Lost Rapids Drive 3150 FI G Ldn 27.2 dB(A) Leq,d 16.1 dB(A) Leq,e dB(A) Leq,n 21.3 dB(A Truck Delivery I Default industrial noise ILine 1 27.2 1 16.1 1 1 21.3 Receiver Site 4: North Ten Mile Road 6040 FI G Ldn 24.6 dB(A) Leq,d 13.5 dB(A) Leq,e dB(A) Leq,n 18.7 dB(A) Truck Delivery I Default industrial noise ILine 1 24.6 1 13.5 1 1 18.7 Receiver Site 5: North Fairborn Avenue 5872 FI G Ldn 27.2 dB(A) Leq,d 16.1 dB(A) Leq,e dB(A) Leq,n 21.3 dB(A) Truck Delivery I Default industrial noise ILine 1 27.2 1 16.1 1 1 21.3 Receiver Site 6: The Church of Jesus Christ of Latter-day Saints FI G Ldn 26.2 dB(A) Leq,d 15.0 dB(A) Leq,e dB(A; Truck Delivery I Default industrial noise ILine 1 26.2 1 15.0 1 1 20.2 Meridian Consultants LLC 860 Hampshire Road, Suite P Westlake Village CA 91361 1 SoundPLAN 9.1 Exhibit F - Public Works NON-PLAT CONDITIONS PUBLIC WORKS DEPARTMENT Site Specific Conditions of Approval 1. Existing Easement does not meet current City Standards and will need to be updated. Easements should be 20' wide with the Water main centered in the Easement. The city requests the easement extend 10' past the end of the main but only 5' is required. 2. The water service should connect to the Water main stub within 3' of the dead-end. 3. The sewer service should not be within 6' of the water meter. 4. Carports and other permanent structures (trees,bushes,buildings, trash receptacle walls, fences, infiltration trenches, light poles, etc.) cannot be built within the utility Easement. 5. Ensure no Sewer services cross infiltration trenches. Sewer service lines through underground seepage beds or swales are not allowed unless approved by the City Engineer. 6. Water services require a 20' easement up to and 10'beyond the meter or as close to 10' as possible. 7. Fire Hydrants require a 20' easement up to and 10'beyond the hydrant. General Conditions of Approval 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department. 2. Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 3. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). Sewer/water easement varies depending on sewer depth. Sewer 0-20 ft deep require a 30 ft easement, 20-25 ft a 40 ft easement, and 25-30 ft a 45 ft easement. Ensure no permanent structures (trees,bushes,buildings, carports, trash receptacle walls, fences,infiltration trenches, light poles, etc.) are built within the utility easement. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2"x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-313-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 5. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 6. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 7. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in Exhibit F - Public Works the development, and if so, how they will continue to be used, or provide record of their abandonment. 8. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 9. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 10. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 11. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 13. Developer shall coordinate mailbox locations with the Meridian Post Office. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridianciiy.org_/public_works.aspx?id=272. 19. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 20. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. Exhibit G - ACHD Project Memo Alexis Pickering,President Miranda Gold,Vice-President Jim Hansen,Commissioner rLWACHD Kent Goldthorpe,Commissioner Dave McKinney,Commissioner November 11t, 2024 To: Todd Smith, via email In-N-Out Burger 13502 Hamburger Lane Baldwin Park, CA 91706 Subject: MER24-0107/H-2024-0058 5985 & 6037 N Ten Mile Road In-N-Out Burger Ten Mile The Ada County Highway District (ACHD) has reviewed the submitted application for the application referenced above and has determined that there are no improvements required to the adjacent street(s). The applicant shall be required to: 1. Pay a traffic impact fee, if applicable. For any questions regarding the traffic impact fee please contact ACHD's Impact Fee Administrator at impactfees(c�achdidaho.org. 2. If applicable, a traffic impact fee shall be assessed by ACHD and will be due prior to the issuance of a building permit by the lead agency. This is a separate review process and it is the applicant's responsibility to submit plans directly to ACHD. 3. Payment can be accepted over the phone by calling (208) 387-6170 or can be sent/ delivered to the following address: Ada County Highway District Attn: Development Services 1301 N Orchard St, Suite 200 Boise, ID 83706 • Reference the file number above when making the payment. • Please note: o Fees are subject to change if not paid prior to October 1st o All card payments are subject to a 3% processing fee o All e-check payments are subject to a $1.50 processing fee 4. Submit a driveway approach request for any proposed driveways. Driveway approach permits can be found at: https://www.achdidaho.org/home/showpublisheddocument/988/638245965711600000 5. Comply with all ACHD Policies and ACHD Standard Conditions of Approval for any improvements or work in the right-of-way. 6. Obtain a permit for any work in the right-of-way prior to the construction, repair, or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc.). connecting you to more Ada County Highway Dostrict•377S Adams Street•Garden City,ID-83714• PH 208 387-6100- FX 34S-76S0•www.achdidaho.org Exhibit G - ACHD Project Memo If you have any questions, please feel free to contact me at (208) 387-6171. Sincerely, Matt Pak Planner Development Services cc: City of Meridian (Sonya Allen), via email connecting you to more Ada County Highway Dostrict•377S Adams Street•Garden City,ID•83714• PH 208 387-6100• FX34S-76SO.www.achdidaho.org Exhibit G - ACHD Project Memo Standard Conditions of Approval 1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 3. In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Public Right-of-Way Accessibility Guidelines (PROWAG) requirements. The applicant's engineer should provide documentation of compliance to District Development Review staff for review. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 208-387-6280 (with file number) for details. 5. A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 208-387-6258 (with file numbers) for details. 9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 10. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 11. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. connecting you to more Ada County Highway Dostrict•3775 Adams Street•Garden City,ID•83714• PH 208 387-6100• FX34S-76SO.www.achdidaho.org