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3. Public Hearing - Appeal of Conditions of Approval for development of a Mc Donald's Restaurant, 536 Whipple Avenue - Mc Donald's Corporation, appellant (203 -10) Report of City Manager and Letters from appellant 2/2 Planning Director Schroete conditions being appealed. Mayor Stangel declared the Registered notice was sent Planning Director 2/28/83 and 3/2/83 r referred to the subject report and stated the public hearing open at 8:37 p.m. to Mc Donald's by the City Clerk 2/11/83. Larry Dorsey, Mc Donald's Corporation, 2028 Gateway Place, San Jose, presented the architect's renderings of the proposed restaurant and commented on his need for a drive - through restaurant and the anticipated family nature of the business. Con Freeman, 1955 Kentucky Street, owner and operator of the proposed Mc Donald's, suggested his customers will come from the light industry in the Whipple Avenue area and from the nearby freeway, stating that the drive - through feature is a key element in the prospective success of the restaurant. Mr. Freeman replied to questions regarding proposed ingress and egress from the site and the anticipated traffic maneuvers of those stopping at the restaurant in the congested street. Dick Ivy, Barton Aschman Traffic Engineers, suggested that not all traffic will be new to the Whipple Avenue area and referred to his report made to the Zoning Administrator suggesting restaurant traffic will not create additional hazards there. He showed the following slide and commented: 1. Directional Distribution of Traffic prepared before conditions imposed by the Zoning Administrator Director of Public Works Addiego stated he has discussed the situation with the City's Traffic Engineer and showed the following slides to illustrate his remarks in support of the imposition of conditions related to traffic: 1. Direction Distribution of Traffic with City's alterations 2. Storage for left turn lanes proposed by Mc Donald's with anticipated traffic 3. Recent accident incidents identified on Whipple Avenue at the location proposed for the restaurant and drive - through 4. Recommended alteration to the median, sidewalk, curbs and gutters to accommodate the Mc Donald's restaurant. Discussion followed and Mr. Ivy and Mr. Addiego commented and replied to questions regarding the traffic situation on Whipple in relation to the proposed restaurant use of the subject site. (Council recessed from 9:17 to 9:28 p.m.) Discussion continued and Mr. Ivy, Mr. Addiego, Mr. Schroeter and City Attorney Schricker commented and replied to questions regarding traffic congestion in the area; the nature of hazards; the reasons why drive -in restaurants were not included in the commercial park district designation; and the basis for recommended traffic alterations. Mr. Ivy showed slides indicating bars and a raised two -foot median which he believed would be as effective as the four -foot median requirement of the Zoning Administrator in controling traffic. Mr. Ivy responded to questions concerning the deterioration of such bars and to questions MINUTE BOOK NO. 44 Reg.Mtg. Page No. 74 3/7/83 Page 4